Broad Brook Reservoir Dam - FINAL Contract Documents 2026.pdf.crdownload

CONTRACT DOCUMENTS

FOR

IMPROVEMENTS & REPAIRS

TO

BROAD BROOK RESERVOIR DAM

RESERVOIR AVENUE

EAST WINDSOR, CONNECTICUT

TOWN OF EAST WINDSOR, CONNECTICUT

PUBLIC WORKS DEPARTMENT

JANUARY 2026

THE TOWN OF EAST WINDSOR IS AN AFFIRMATIVE ACTION / EQUAL OPPORTUNITY EMPLOYER

TOC-1

TABLE OF CONTENTS

Page No.

ADVERTISEMENT FOR BIDS

INSTRUCTIONS TO BIDDERS IB-1

BID SUBMITTAL REQUIREMENTS BSR-1

CHRO NOTIFICATION TO BIDDERS AND CONTRACT COMPLIANCE

MONITORING REPORT FORM

AGREEMENT AND BOND FORMS

AGREEMENT A-1

BID BOND BB-1

LABOR AND MATERIAL BOND LMB-1

PERFORMANCE BOND PB-1

CERTIFICATE OF ACKNOWLEDGEMENT FOR BONDS CAB-1

AFFIDAVIT OF NON-COLLUSION ANC-1

CERTIFICATE OF COMPLIANCE WITH CGS 31-57b

GENERAL CONDITIONS

1. CONTRACTOR'S INSURANCE REQUIREMENTS GC-1

2. INSURANCE TO BE PROVIDED BY CONTRACTOR

FOR THE BENEFIT OF OWNER GC-4

3. INDEMNITY GC-5

4. LABOR AND EQUIPMENT GC-5

5. RESPONSIBILITY FOR WORK GC-6

TOC-2

6. PERMITS GC-6

7. PROTECTION OF EXISTING UTILITIES GC-6

8. PROTECTION OF THE PUBLIC AND OF

WORK AND PROPERTY GC-7

9. TRAFFIC CONTROL GC-7

10. CLEANING UP GC-7

11. GUARANTEE GC-7

12. TIME FOR COMPLETION AND LIQUIDATED DAMAGES GC-8

13. BID BOND GC-8

14. AWARD GC-8

15. NON-DISCRIMINATION GC-8

16. LABOR CONDITIONS GC-9

17. CONTROL OF THE WORK AND MATERIALS GC-9

18. SANITARY ACCOMMODATIONS GC-10

19. SAFETY GC-10

20. OCCUPYING PRIVATE LAND OTHER THAN

EASEMENTS GC-11

21. DISPOSAL OF FILL OR SPOILS ON

PRIVATE PROPERTY GC-11

22. REDUCTION IN SCOPE OF WORK GC-11

23. NOT TO SUBLET OR ASSIGN GC-12

24. INFORMATION NOT GUARANTEED GC-12

25. EROSION CONTROL GC-13

26. WAGE RATES GC-13

TOC-3

27. CERTIFIED PAYROLL GC-14

WAGE RATES Attached

SPECIAL CONDITIONS

1. PROGRESS ESTIMATES SC-1

2. SCHEDULE OF VALUES SC-1

3. FINAL ESTIMATE SC-2

4. RETAIN MONEY FOR REPAIRS SC-2

5. INTERFERENCE WITH EXISTING WORKS SC-2

6. CLAIMS FOR EXTRA COST SC-3

7. SAFETY SC-3

8. BENCH MARK AND SURVEYS SC-4

9. VEHICLE STORAGE SC-4

10. MATERIAL STORAGE SC-4

11. EROSION CONTROL SC-4

12. INTERFERENCE WITH TRAFFIC FLOW

AND HOURS OF OPERATION SC-5

TECHNICAL SPECIFICATIONS TS-1

BID FORMS BF-1

PROJECT PERMITS Attached

DRAWINGS Attached

TOC-4

PROJECT LOCATION:

USGS LOCATION MAP

BROAD BROOK

RESERVOIR DAM

[DEEP #04704]

AB-1

Sealed Bids for the “IMPROVEMENTS & REPAIRS TO BROAD BROOK RESERVOIR DAM, EAST WINDSOR, CONNECTICUT”, will be received at the Town of East Windsor, First Selectman's Office, 11 Rye Street, Broad Brook, CT 06016 no later than 11:00 AM, Tuesday, March 17, 2026.

The work includes the removal of the existing intake structure and installation of a new structure; filling in the existing low level outlet pipe and manhole with flowable fill and installing a new low level outlet pipe on the left side of the dam; installing a riprap approach channel on the upstream side of the new in-take structure; installing a new endwall with an adjacent riprap stilling basin at the discharge end of the low level outlet pipe; installation and maintenance of sedimentation and erosion controls; water handling during construction and appurtenant work. The Contractor will be responsible for supplying all new mate-rials and disposing of all materials to be removed.

*Drawings and Contract Documents may be examined and obtained electronically from the Town's web-site at https://www.eastwindsor-ct.gov or at the Connecticut Department of Administrative Services web-site.

A mandatory pre-bid meeting will be held at 11:00 AM on Tuesday, March 10, 2026 at the site of the dam, located within the Town's East Windsor Park off Reservoir Avenue, 0.4 miles east of its intersection with Windsorville Avenue.

Contractors interested in submitting a bid for the above described work must submit their bid on the Bid Forms provided by the Town of East Windsor. No proposal shall be withdrawn for a period of ninety (90) days.

Each bid submitted must be accompanied by a Certified Check or a Bid Bond in the amount of 10% of the total amount of the tendered bid and made payable to the order of the Town of East Windsor.

The Contractor awarded the work will be required to furnish a 100% Performance Bond and a 100% La-bor and Materials Payment Bond. All Sureties must be listed on the most recent IRS Circular 570.

The Town of East Windsor reserves the right to reject any or all bids, should the Town deem it to be in the public interest to do so, or to delete or reduce the scope of any work in order to bring the cost within available funds.

The Town of East Windsor is an Affirmative Action / Equal Opportunity Employer.

THE TOWN OF EAST WINDSOR, CONNECTICUT

PUBLIC WORKS DEPARTMENT

INSTRUCTIONS TO BIDDERS

IB-1

INSTRUCTIONS TO BIDDERS

RECEIPT AND OPENING OF BIDS. The Town of East Windsor, Connecticut herein called the Owner, acting by and through its Department of Public Works, will receive sealed Bids for "IM-

PROVEMENTS & REPAIRS TO BROAD BROOK RESERVOIR DAM, EAST WINDSOR,

CONNECTICUT".

Bids addressed to the Department of Public Works shall be endorsed as Bid for “IMPROVE-

MENTS & REPAIRS TO BROAD BROOK RESERVOIR DAM, EAST WINDSOR, CON-

NECTICUT".

LOCATION AND WORK TO BE DONE. The work to be done is located within the Town's East Windsor Park off Reservoir Avenue, 0.4 miles east of its intersection with Windsorville Av-enue, in the Broad Brook section of the Town of East Windsor. The work includes the removal of the existing intake structure and installation of a new structure; filling in the existing low level outlet pipe and manhole with flowable fill and installing a new low level outlet pipe on the left side of the dam; installing a riprap approach channel on the upstream side of the new intake structure; installing a new endwall with an adjacent riprap stilling basin at the discharge end of the low level outlet pipe; installation and maintenance of sedimentation and erosion controls; wa-ter handling during construction and appurtenant work. The Contractor will be responsible for supplying all new materials and disposing of all materials to be removed.

The Contract Drawings, sometimes referred to herein as the "Drawings", prepared by the Engi-neer for the Project, Karl F. Acimovic, P.E. & L.S., consist of TEN consecutively numbered sheets:

Sheet 1 of 10 TITLE SHEET

IMPROVEMENTS & REPAIRS TO

BROAD BROOK RESERVOIR DAM

EAST WINDSOR, CONNECTICUT

Sheet 2 of 10 EXISTING SITE PLAN

IMPROVEMENTS & REPAIRS TO

BROAD BROOK RESERVOIR DAM

EAST WINDSOR, CONNECTICUT

Sheet 3 of 10 PROPOSED SITE PLAN

IMPROVEMENTS & REPAIRS TO

BROAD BROOK RESERVOIR DAM

EAST WINDSOR, CONNECTICUT

Sheet 4 of 10 SEDIMENTATION & EROSION CONTROL PLAN

IMPROVEMENTS & REPAIRS TO

IB-2

Sheet 5 of 10 SITE & STRUCTURAL DETAILS

IMPROVEMENTS & REPAIRS TO

BROAD BROOK RESERVOIR DAM

EAST WINDSOR, CONNECTICUT

Sheet 6 of 10 SITE DETAILS

IMPROVEMENTS & REPAIRS TO

BROAD BROOK RESERVOIR DAM

EAST WINDSOR, CONNECTICUT

Sheet 7 of 10 SITE DETAILS

IMPROVEMENTS & REPAIRS TO

BROAD BROOK RESERVOIR DAM

EAST WINDSOR, CONNECTICUT

Sheet 8 of 10 SPECIFICATIONS & SITE DETAILS

IMPROVEMENTS & REPAIRS TO

BROAD BROOK RESERVOIR DAM

EAST WINDSOR, CONNECTICUT

Sheet 9 of 10 WATER HANDLING PLAN

IMPROVEMENTS & REPAIRS TO

BROAD BROOK RESERVOIR DAM

EAST WINDSOR, CONNECTICUT

Sheet 10 of 10 WETLAND IMPACT PLAN

IMPROVEMENTS & REPAIRS TO

Additional drawings showing details in accordance with which the work is to be done will be furnished from time to time by the Engineer, if found necessary, and shall then become a part of the Drawings.

The Contractor shall furnish all labor, services, materials, equipment, plant, machinery, appa-ratus, appliances, tools, supplies, and all other things necessary to do all work required for the completion of each item of the work and as herein specified.

The work to be done for each item shall not be limited to the exact extent mentioned or de-scribed, but shall include all incidental work necessary or customarily done for the completion of that item.

QUESTIONS REGARDING DRAWINGS AND DOCUMENTS. In general, no answer will be given to prospective Bidders in reply to an oral question if the question involves an interpretation of the intent or meaning of the Drawings or other Contract Documents, or the equality or use of

IB-3

products or methods other than those designated or described on the Drawings or in the Specifi-cations. Any information given to Bidders other than by means of the Drawings and other Con-tract Documents, including Addenda, as described below, is given informally, and shall not be used as the basis of a claim against the Owner or the Engineer.

To receive consideration, such questions shall be submitted in writing to the Engineer via email (at karl26535@outlook.com) at least seven days before the established date for receipt of Bids. If the question involves the equality or use of products or methods, it must be accompanied by drawings, specifications, or other data in sufficient detail to enable the Engineer to determine the equality or suitability of the product or method. In general, the Engineer will neither approve nor disapprove particular products prior to the opening of Bids; such products will be considered when offered by the Contractor for incorporation into the work.

The Engineer may prepare Addenda, which shall become a part of the Contract Documents. At least five days prior to the receipt of Bids, he will send a copy of these Addenda to those pro-spective bidders known to have taken out sets of the Drawings and other Contract Documents.

BIDDERS TO INVESTIGATE. At the time of the opening of Bids, each Bidder will be pre-sumed to have inspected the site, as to the actual conditions there existing, the character and re-quirements of the work, the difficulties attendant upon its execution, and the accuracy of all esti-mated quantities stated in the Bid. The failure or omission of any Bidder to examine any part of the Contract Documents or field conditions, shall in no way relieve any Bidder from any obliga-tion in respect to his Bid.

INFORMATION NOT GUARANTEED. All information given on the Drawings or in the other Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources presently available to the Owner. All such in-formation is furnished only for the information and convenience of Bidders and is not guaran-teed.

It is further agreed that no Bidder or Contractor shall use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Owner or the Engineer, arising from or by reason of any vari-ance which may exist between the information made available and the actual subsurface or other conditions, natural phenomena, existing pipes or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Docu-ments.

BLANK FORM FOR BID. All Bids must be upon the blank form for Bid annexed hereto, state the proposed price of each item of the work, both in words and in figures, and be signed by the Bidder with his business address.

TIME FOR COMPLETION. The successful Bidder will be required to complete the entire work within one hundred twenty (120) consecutive calendar days after the date of the formal execution of the AGREEMENT.

IB-4

WITHDRAWAL OF BIDS. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. No Bidder may withdraw a Bid within 90 days after the actual date of the opening thereof.

CONTRACT BONDS. The Bidder whose Bid is accepted agrees to furnish the Contract Bonds as specified, each in the sum of the full amount of the Bid and/or Contract Price as determined by the Engineer, and duly executed and acknowledged by the said Bidder as Principal and by a surety company qualified to do business under the laws of the State of Connecticut and satisfac-tory to the Owner, as Surety, for the faithful performance of the Contract and payment for labor and materials. The premiums for such Bonds shall be paid by the Contractor. All sureties must be listed on the most recent IRS Circular 570.

ABILITY AND EXPERIENCE OF BIDDER. No award will be made to any Bidder who cannot satisfy the Owner that he has sufficient ability and experience in this class of work and sufficient capital and plant to enable him to prosecute and complete the work successfully within the time named. The Owner's decision or judgment on these matters shall be final, conclusive, and bind-ing.

The Owner may make such investigations as it deems necessary, and the Bidder shall furnish to the Owner, under oath if so required, all such information and data for this purpose as the Owner may request.

RIGHT TO REJECT OR TO ACCEPT BIDS. The Owner reserves the right to reject or to ac-cept any or all Bids, should the Owner deem it to be in the public interest to do so, or to delete or reduce the scope of any work in order to bring the cost within available funds.

In submitting this Bid, the Bidder understands that the Owner reserves the right to waive any in-formalities in the bidding.

EXECUTION OF AGREEMENT. The Bidder whose Bid is accepted will be required and agrees to duly execute the AGREEMENT and furnish the required CONTRACT BONDS within two business days, after notification that the AGREEMENT is ready for signature.

INSURANCE CERTIFICATES. The Contractor will not be permitted to start any construction work until he has submitted certificates covering all insurances called for under that subsection of the Contract Documents, titled "Contractor's Insurance Requirements".

COMPARISON OF BIDS. Bids will be compared on the basis of the quantities and unit and lump sum prices stated in the Bid. In the event that there is a discrepancy in the Bid between the lump sum or unit prices written in words and figures, the prices written in words shall govern.

Bidders must submit prices for all alternates. Bids omitting a price for any alternate may be considered incomplete and subject to rejection. The Owner reserves the right to award the contract on the basis of that combination of alternates which appears to be in the best interest of the Owner.

BID SECURITY. Each Bid must be accompanied by a certified check, drawn on or issued by a National Bank or a Trust Company and made payable to the order of the Town of East Windsor, IB-5

Connecticut, or by a bid bond. The check or bid bond shall be in the amount of ten percent of the total bid, and shall be enclosed in the sealed envelope containing the Bid.

Each such check or bid bond may be held by the Owner as security for the fulfillment of the Bid-der's agreements. Should the Bidder fail to fulfill such agreements, his bid check shall become the property of the Owner or if a bid bond was furnished, the bid bond shall become payable to the Owner, as liquidated damages; otherwise, the bid check shall be returned to the Bidder as hereinafter provided, or if the security is a bid bond, the bid bond shall become null and void.

Certified Checks or Bid Bonds will be returned to all except the three lowest Bidders within ten consecutive calendar days after the opening of Bids, and to the three lowest Bidders within ten days after the Owner and the accepted Bidder have executed the AGREEMENT. In the event that the AGREEMENT has not been executed by both the accepted Bidder and the Owner within 45 consecutive calendar days after the opening of Bids, the Certified Check or Bid Bond will be returned promptly upon demand of any Bidder who has not been notified of the acceptance of his Bid.

Certified Checks or Bid Bonds accompanying Bids which are rejected will be returned within ten consecutive calendar days after rejection.

None of the three lowest Bids shall be deemed rejected, notwithstanding acceptance of any Bid, until the AGREEMENT has been executed by both the Owner and the accepted Bidder.

CONNECTICUT SALES AND USE TAX. Materials purchased for permanent installation in the work will be exempt from the Connecticut Sales and Use Tax under the Connecticut Educa-tion, Welfare and Public Health Tax Act. Each Bidder shall take this exemption into account in calculating his Bid for the work.

NOT TO SUBLET OR ASSIGN. The Contractor shall constantly give his personal attention to the faithful prosecution of the Work, shall keep the same under his personal control, shall not as-sign the Contract or sublet the Work or any part thereof without the previous written consent of the Owner, and shall not assign any of the monies payable under the Contract, or his claim thereto, unless by and with the like written consent of the Owner and the Surety on the Contract Bonds. Any assignment or subletting in violation hereof shall be void and unenforceable.

PERCENTAGE OF WORK TO BE COMPLETED BY THE CONTRACTOR. The bidder must perform at least 60% of the Work with its own forces. At the time of Contract signing, the appar-ent low Bidder shall submit a letter certifying the percentage of the Work to be completed by its own forces and stating the portions of the Work by division or portion of the Technical Specifi-cations and the estimated value thereof.

THE TOWN OF EAST WINDSOR, CONNECTICUT

PUBLIC WORKS DEPARTMENT

Leonard Norton Director of Public Works, Town Engineer

BID SUBMITTAL REQUIREMENTS

BSR-1

BID SUBMITTAL REQUIREMENTS

A complete bid package shall consist of the following, fully completed:

1. Bid Forms (BF-1 through BF-9).

2. Bid Bond (refer to Pages BB-1, IB-4, and GC-8).

3. Proof of Required Insurance (refer to Pages GC-1 through GC-5).

4. Bidder's Qualifications (refer to BF-8 through BF-9).

5. CHRO Contract Compliance Monitoring Report Form

CHR O NOTIFICATION TO BIDDE R S

CONTR ACT COMPLIANCE MONITOR ING

R E POR T FOR M

COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

CONTRACT COMPLIANCE REGULATIONS

NOTIFICATION TO BIDDERS

(Revised 09/3/15)

The contract to be awarded is subject to contract compliance requirements mandated by Sections 4a-60 and 4a- 60a of the Connecticut General Statutes; and, when the awarding agency is the State, Sections 46a-71(d) and 46a-81i(d) of the Connecticut General Statutes. There are Contract Compliance Regulations codified at Section 46a-68j-21 through 43 of the Regulations of Connecticut State Agencies, which establish a procedure for awarding all contracts covered by Sections 4a-60 and 46a-71(d) of the Connecticut General Statutes.

According to Section 46a-68j-30(9) of the Contract Compliance Regulations, every agency awarding a contract subject to the contract compliance requirements has an obligation to “aggressively solicit the participation of legitimate minority business enterprises as bidders, contractors, subcontractors and suppliers of materials.”

“Minority business enterprise” is defined in Section 4a-60 of the Connecticut General Statutes as a business wherein fifty-one percent or more of the capital stock, or assets belong to a person or persons: “(1) Who are active in daily affairs of the enterprise; (2) who have the power to direct the management and policies of the enterprise; and (3) who are members of a minority, as such term is defined in subsection (a) of Section 32-9n.”

“Minority” groups are defined in Section 32-9n of the Connecticut General Statutes as “(1) Black Americans . . .

(2) Hispanic Americans . . . (3) persons who have origins in the Iberian Peninsula . . . (4)Women . . . (5) Asian Pacific Americans and Pacific Islanders; (6) American Indians . . .” An individual with a disability is also a minority business enterprise as provided by Section 4a-60g of the Connecticut General Statutes. The above definitions apply to the contract compliance requirements by virtue of Section 46a-68j-21(11) of the Contract Compliance Regulations.

The awarding agency will consider the following factors when reviewing the bidder’s qualifications under the contract compliance requirements:

(a) the bidder’s success in implementing an affirmative action plan;

(b) the bidder’s success in developing an apprenticeship program complying with Sections 46a-68-1 to

46a-68-17 of the Administrative Regulations of Connecticut State Agencies, inclusive;

(c) the bidder’s promise to develop and implement a successful affirmative action plan;

(d) the bidder’s submission of employment statistics contained in the “Employment Information

Form”, indicating that the composition of its workforce is at or near parity when compared to the racial and sexual composition of the workforce in the relevant labor market area; and

(e) the bidder’s promise to set aside a portion of the contract for legitimate minority business enterprises. See Section 46a-68j-30(10)(E) of the Contract Compliance Regulations.

INSTRUCTIONS AND OTHER INFORMATION

The following BIDDER CONTRACT COMPLIANCE MONITORING REPORT must be completed in full, signed, and submitted with the bid for this contract. The contract awarding agency and the Commission on Human Rights and Opportunities will use the information contained thereon to determine the bidders compliance to Sections 4a-60 and 4a-60a CONN. GEN.

STAT., and Sections 46a-68j-23 of the Regulations of Connecticut State Agencies regarding equal employment opportunity, and the bidder’s good faith efforts to include minority business enterprises as subcontractors and suppliers for the work of the contract.

1) Definition of Small Contractor Section 4a-60g CONN. GEN. STAT. defines a small contractor as a company that has been doing business under the same management and control and has maintained its principal place of business in Connecticut for a one year period immediately prior to its application for certification under this section, had gross revenues not exceeding fifteen million dollars in the most recently completed fiscal year, and at least fifty-one percent of the ownership of which is held by a person or persons who are active in the daily affairs of the company, and have the power to direct the management and policies of the company, except that a nonprofit corporation shall be construed to be a small contractor if such nonprofit corporation meets the requirements of subparagraphs (A) and (B) of subdivision 4a-60g CONN. GEN. STAT.

2) Description of Job Categories (as used in Part IV Bidder Employment Information) (Page 2)

MANAGEMENT: Managers plan, organize, direct, and control the major functions of an organization through subordinates who are at the managerial or supervisory level.

They make policy decisions and set objectives for the company or departments. They are not usually directly involved in production or providing services. Examples include top executives, public relations managers, managers of operations specialties (such as financial, human resources, or purchasing managers), and construction and engineering managers.

BUSINESS AND FINANCIAL OPERATIONS: These occupations include managers and professionals who work with the financial aspects of the business. These occupations include accountants and auditors, purchasing agents, management analysts, labor relations specialists, and budget, credit, and financial analysts.

MARKETING AND SALES: Occupations related to the act or process of buying and selling products and/or services such as sales engineer, retail sales workers and sales representatives including wholesale.

LEGAL OCCUPATIONS: In-House Counsel who is charged with providing legal advice and services in regards to legal issues that may arise during the course of standard business practices. This category also includes assistive legal occupations such as paralegals, legal assistants.

COMPUTER SPECIALISTS: Professionals responsible for the computer operations within a company are grouped in this category. Examples of job titles in this category include computer programmers, software engineers, database administrators, computer scientists, systems analysts, and computer support specialists ARCHITECTURE AND ENGINEERING: Occupations related to architecture, surveying, engineering, and drafting are included in this category. Some of the job titles in this category include electrical and electronic engineers, surveyors, architects, drafters, mechanical engineers, materials engineers, mapping technicians, and civil engineers.

OFFICE AND ADMINISTRATIVE SUPPORT: All clerical-type work is included in this category. These jobs involve the preparing, transcribing, and preserving o f written communications and records; collecting accounts; gathering and distributing information; operating office machines and electronic data processing equipment; and distributing mail.

Job titles listed in this category include telephone operators, bill and account collectors, customer service representatives, dispatchers, secretaries and administrative assistants, computer operators and clerks (such as payroll, shipping, stock, mail and file).

BUILDING AND GROUNDS CLEANING AND

MAINTENANCE: This category includes occupations involving landscaping, housekeeping, and janitorial services. Job titles found in this category include supervisors of landscaping or housekeeping, janitors, maids, grounds maintenance workers, and pest control workers.

CONSTRUCTION AND EXTRACTION: This category includes construction trades and related occupations. Job titles found in this category include boilermakers, masons (all types), carpenters, construction laborers, electricians, plumbers (and related trades), roofers, sheet metal workers, elevator installers, hazardous materials removal workers, paperhangers, and painters. Paving, surfacing, and tamping equipment operators; drywall and ceiling tile installers; and carpet, floor and tile installers and finishers are also included in this category. First line supervisors, foremen, and helpers in these trades are also grouped in this category.

INSTALLATION, MAINTENANCE AND REPAIR:

Occupations involving the installation, maintenance, and repair of equipment are included in this group. Examples of job titles found here are heating, ac, and refrigeration mechanics and installers; telecommunication line installers and repairers; heavy vehicle and mobile equipment service technicians and mechanics; small engine mechanics; security and fire alarm systems installers; electric/electronic repair, industrial, utility and transportation equipment; millwrights; riggers; and manufactured building and mobile home installers. First line supervisors, foremen, and helpers for these jobs are also included in the category.

MATERIAL MOVING WORKERS: The job titles included in this group are Crane and tower operators;

dredge, excavating, and lading machine operators; hoist and winch operators; industrial truck and tractor operators;

cleaners of vehicles and equipment; laborers and freight, stock, and material movers, hand; machine feeders and offbearers; packers and packagers, hand; pumping station operators; refuse and recyclable material collectors; and miscellaneous material moving workers.

PRODUCTION WORKERS: The job titles included in this category are chemical production machine setters, operators and tenders; crushing/grinding workers; cutting workers; inspectors, testers sorters, samplers, weighers;

precious stone/metal workers; painting workers;

cementing/gluing machine operators and tenders;

etchers/engravers; molders, shapers and casters except for metal and plastic; and production workers.

3) Definition of Racial and Ethnic Terms (as used in Part IV Bidder Employment Information) (Page 3)

White (not of Hispanic Origin)-All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East.

Black (not of Hispanic Origin)-All persons having origins in any of the Black racial groups of Africa.

Hispanic- All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

Asian or Pacific Islander- All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes China, India, Japan, Korea, the Philippine Islands, and Samoa.

American Indian or Alaskan Native- All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.

BIDDER CONTRACT COMPLIANCE MONITORING REPORT

PART 1 – Bidder Information Company Name:

Street Address:

City & State:

Chief Executive:

Bidder Federal Employer Identification Number:

Or Social Security Number:

Major Business Activity:

(brief description)

Bidder Identification (response optional/definitions on page 1)

-Bidder is a small contractor? Yes No -Bidder is a minority business enterprise? Yes No (If yes, check ownership category) Black Hispanic Asian American American Indian/Alaskan Native Iberian Peninsula Individual(s) with a Physical Disability Female -Bidder is certified as above by State of CT? Yes No

Bidder Parent Company:

(If any) Other Locations in CT:

(If any)

PART II - Bidder Nondiscrimination Policies and Procedures

1. Does your company have a written Affirmative Action/Equal Employment Opportunity statement posted on company bulletin boards?

Yes No

7. Do all of your company contracts and purchase orders contain non-discrimination statements as required by Sections 4a-60 & 4a-60a Conn. Gen. Stat.?

Yes No

2. Does your company have the state-mandated sexual harassment prevention in the workplace policy posted on company bulletin boards?

Yes No

8. Do you, upon request, provide reasonable accommodation to employees, or applicants for employment, who have physical or mental disability?

Yes No

3. Do you notify all recruitment sources in writing of your company’s Affirmative Action/Equal Employment Opportunity employment policy? Yes No

9. Does your company have a mandatory retirement age for all employees?

Yes No

4. Do your company advertisements contain a written statement that you are an Affirmative Action/Equal Opportunity Employer?

Yes No

10. If your company has 50 or more employees, have you provided at least two (2) hours of sexual harassment training to all of your supervisors? Yes No N/A

5. Do you notify the Ct. State Employment Service of all employment openings with your company?

Yes No

11. If your company has apprenticeship programs, do they meet the Affirmative Action/Equal Employment Opportunity requirements of the apprenticeship standards of the Ct. Dept. of Labor?

Yes No N/A

6. Does your company have a collective bargaining agreement with workers?

Yes No

6a. If yes, do the collective bargaining agreements contain non-discrimination clauses covering all workers? Yes No

6b. Have you notified each union in writing of your commitments under the nondiscrimination requirements of contracts with the state of CT?

Yes No

12. Does your company have a written affirmative action Plan?

Yes No If no, please explain.

13. Is there a person in your company who is responsible for equal employment opportunity? Yes No If yes, give name and phone number:

Part III - Bidder Subcontracting Practices (Page 4)

1. Will the work of this contract include subcontractors or suppliers? Yes No 1a. If yes, please list all subcontractors and suppliers and report if they are a small contractor and/or a minority business enterprise. (defined on page 1 / use additional sheet if necessary)

1b. Will the work of this contract require additional subcontractors or suppliers other than those identified in 1a. above? Yes No

PART IV - Bidder Employment Information Date:

JOB CATEGORY * OVERALL

TOTALS

WHITE (not of Hispanic origin) BLACK (not of Hispanic origin) HISPANIC ASIAN or

PACIFIC

ISLANDER

AMERICAN INDIAN or

ALASKAN NATIVE

Male Female

Male Female Male Female Male Female Male Female

Management

Business & Financial Ops Marketing & Sales

Legal Occupations

Computer Specialists

Architecture/Engineering

Office & Admin Support

Bldg/ Grounds Cleaning/Maintenance

Construction & Extraction

Installation , Maintenance

& Repair

Material Moving Workers

Production Occupations

TOTALS ABOVE

Total One Year Ago

FORMAL ON THE JOB TRAINEES (ENTER FIGURES FOR THE SAME CATEGORIES AS ARE SHOWN ABOVE)

Apprentices

Trainees

*NOTE: JOB CATEGORIES CAN BE CHANGED OR ADDED TO (EX. SALES CAN BE ADDED OR REPLACE A CATEGORY NOT USED IN YOUR COMPANY)

PART V - Bidder Hiring and Recruitment Practices (Page 5)

1. Which of the following recruitment sources are used by you?

(Check yes or no, and report percent used)

2. Check (X) any of the below listed requirements that you use as a hiring qualification

(X)

3. Describe below any other practices or actions that you take which show that you hire, train, and promote employees without discrimination

SOURCE YES NO

% of applicants provided by source

State Employment Service

Work Experience

Private Employment Agencies

Ability to Speak or Write English

Schools and Colleges Written Tests

Newspaper Advertisement

High School Diploma

Walk Ins College Degree

Present Employees Union Membership

Labor Organizations Personal Recommendation

Minority/Community Organizations

Height or Weight

Others (please identify) Car Ownership

Arrest Record

Wage Garnishments

Certification (Read this form and check your statements on it CAREFULLY before signing). I certify that the statements made by me on this BIDDER CONTRACT COMPLIANCE MONITORING REPORT are complete and true to the best of my knowledge and belief, and are made in good faith. I understand that if I knowingly make any misstatements of facts, I am subject to be declared in non-compliance with Section 4a-60, 4a-60a, and related sections of the CONN. GEN. STAT.

(Signature)

(Title) (Date Signed)

(Telephone)

AGREEMENT AND BOND FORMS

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AGREEMENT

This AGREEMENT, executed this _____ day of __________________, 20____, by and between the Town of East Windsor, Connecticut acting by and through Jason E. Bowsza, its First Select-man, duly authorized therefore, who acts herein solely for said Town of East Windsor, Connecti-cut and without personal liability to himself, party of the first part, hereinafter called the OWNER and

________________________________________________________________________, party of the second part, hereinafter called the CONTRACTOR.

WITNESSETH: That the CONTRACTOR and the OWNER, for the consideration hereinafter named, agree as follows:

The CONTRACTOR agrees to commence and complete the construction of "IMPROVEMENTS

& REPAIRS TO BROAD BROOK RESERVOIR DAM, EAST WINDSOR, CONNECTICUT",

hereinafter called the project for the sum of ___________________________________ Dollars

($) ________________ and all extra work in connection therewith, under the terms as stated in these contract documents; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other ac-cessories and services necessary to complete the said project in accordance with the conditions and prices stated in these documents and plans, as prepared by the Town of East Windsor, Con-necticut all of which are made part hereof and collectively evidence and constitute the contract.

The Contractor hereby agrees to commence work under this Agreement within ten days after the date of this Agreement and to fully complete the project within one hundred twenty (120) con-secutive calendar days thereafter.

The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract, subject to additions and deductions, as provided in the General Conditions of the Agreement, and to make payments on account thereof as provided under the Special Conditions.

Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The Contractor shall carry on and main-tain the progress of the Work during Arbitration proceedings.

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FINAL COMPLETION AND FINAL PAYMENT

Final Payment shall not be due until the Contractor has submitted its own final lien waiver, as well as final lien or bond claim waivers from its subcontractors and suppliers, a certificate evi-dencing that insurance contractually required to remain in force after Final Payment is currently in force and a statement that it will remain in force as the Contract Documents require, consent of surety to final payment, and delivery to the Owner of all required manufacturer warrantees.

Satisfaction of these submission requirements shall be a condition precedent to the Owner's obli-gation to make Final Payment.

SUBSURFACE OR OTHERWISE CONCEALED CONDITIONS

Subsurface information contained in the Contract Documents has been developed from the best available records. Nonetheless, the Owner does not guarantee and in fact, disclaims the accuracy of that information. The Contractor acknowledges that by contracting to construct this project, it is knowingly and voluntarily accepting the risk that it will encounter and be obligated to deal with subsurface or otherwise concealed physical conditions, including those that differ from those indicated in the Contract Documents or that differ from those ordinarily found to exist and generally recognized as inherent in the construction activities this Project entails, and that it will have no right to any equitable adjustment or extra payment on account of those conditions and the need to deal with them. The Contractor acknowledges that it has provided for this risk in the prices it bid.

CHANGES IN THE WORK

The Owner, without invalidating this Agreement, may order additions, deletions, or revisions to the Work. The order is to be effectuated by Change Order. A Change Order is a written instru-ment issued by the Owner and signed by both parties identifying the change in the Work, the agreed upon price or method of pricing, and any agreed upon time extension. If the subject Work is covered by the unit prices this Agreement establishes, the Change Order price shall be estab-lished by applying those prices to the quantities involved. If unit prices do not apply, the parties may establish the Change Order price by agreeing on a lump sum or if they choose not to use, or are unable to agree on, a lump sum, the basis of payment will be cost plus 10% for overhead and profit. Upon the execution of the Change Order, the Contractor shall proceed with the Work in-volved; all Change Order Work being performed pursuant to the applicable provisions of the Contract Documents.

Notwithstanding the foregoing, the Owner may authorize by a written Field Order minor changes in the Work not involving extra cost or additional time. If the Contractor believes that a minor change entitles it to additional compensation or additional time, it must still perform the changed work but can make a claim therefor as provided in these Contract Documents. The Contractor expressly agrees to prosecute the Work diligently during the pendency of any dispute.

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The Contractor shall not perform any extra or additional or changed Work without a signed Change Order or a Field Order from the Owner (in the case of a minor change) and hereby waives any right it may have to claim extra or additional compensation or additional time for that Work if it performed that Work without the required form of written authorization.

Situations may arise where the Contractor believes that certain Work it regards as necessary is not in its contractual scope and that the performance of that Work would therefore entitle it to extra or additional compensation. If that situation arises, the Contractor before commencing the subject work, shall deliver a written Change Order Proposal to the Owner, identifying the Work involved, explaining why it believes the Work is outside its scope, and proposing a price or a method of pricing for the Work along with a proposal for a time extension if it believes that per-formance of the subject Work will require Contract Time increase. If the Owner accepts the Pro-posal, it shall signify its acceptance on the Proposal, and the Proposal will then become a Change Order. If the Owner rejects the Proposal because it believes the subject Work is in the Contrac-tor's scope, or if it rejects the Proposal because it does not agree with the terms the Contractor has proposed or to which the Contractor is willing to agree, the Contractor shall nevertheless per-form the Work and may make a claim for additional compensation and / or additional time as provided in this agreement.

The Contractor shall add all Change Orders to its Applications for Payment, assigning them a pay item number and seeking payment for them on a percentage completion basis.

EXTENSIONS OF THE CONTRACT TIME / NO DAMAGES FOR DELAY CLAUSE

The Owner may extend the Contract Time (and thus the Substantial Completion date) at the Con-tractor's request, the request to be in the form of a written Change Order Proposal. The Change Order Proposal must be delivered to the Owner within ten days of the event giving rise to the re-quest. If the Contractor fails to comply with this time limit, it will be deemed to have waived whatever right to a time extension it may otherwise have had. Subject to compliance with this time limit, the Contractor shall be entitled to a time extension for time lost due to delays caused by events beyond its control, with the extension being equal in time to the time lost on account of those delays. The Contractor shall not be entitled to a time extension for delays caused in whole or in part by its own acts or omissions. If the Change Order Proposal is timely and the Owner agrees that the Contractor is entitled to a time extension, it shall sign the Change Order Proposal which will then become a Change Order. The Contract Time may only be changed by a Change Order.

Notwithstanding anything to the contrary in the Contract Documents, an extension of time pursu-ant to this Clause shall be the Contractor's sole remedy for any delay it experiences in the com-mencement, prosecution, or completion of the Work, any hindrance or obstruction in the perfor-mance of the Work, any loss of productivity or other similar claims (collectively "Delays") whether or not those Delays are foreseeable, contemplated, or uncontemplated unless a Delay is caused by acts of the Owner constituting affirmative active interference in bad faith with the Contractor's performance of the Work, and even then, only to the extent those acts continue after

A-4 the Contractor notifies the Owner that such interference is occurring. In no event shall the Con-tractor be entitled to compensation or the recovery of money damages in connection with any Delay, including without limitation, consequential damages, lost opportunity costs, impact dam-ages, or other similar renumeration. The Owner's exercise of any of its rights or remedies under the Contract Documents, including without limitation, ordering changes in the Work, or directing suspension, rescheduling, or correction of the Work, shall not be construed or regarded as affirm-ative active interference in bad faith on the Owner's part regardless of the extent and frequency with which the Owner exercises those rights or remedies.

The AGREEMENT, the INSTRUCTIONS TO BIDDERS, the GENERAL CONDITIONS, the SPECIAL CONDITIONS, the TECHNICAL SPECIFICATIONS, and the Contractor's Bid as accepted by the Owner, the DRAWINGS, and all ADDENDA and AMENDMENTS to any of the foregoing collectively constitute the Contract Documents.

IN WITNESS WHEREOF, the parties to this AGREEMENT have hereunto set their hands and seals.

TOWN OF EAST WINDSOR, CONNECTICUT

By _________________________ Jason E. Bowsza Its First Selectman

(Party of the First Part) on the ______Day of __________________, 20____ (Seal)

By _________________________

Its President (Party of the Second Part) on the _______Day_____________________, 20____ (Seal)

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Certificate of Acknowledgement of Contractor if a Corporation

For AGREEMENT

State of ________________________) ) ss:

County of ______________________)

On this __________________ day of ____________________________, 20_____, before me personally came ____________________________________________________ to me known, who being by me duly sworn, did depose and say as follows:

That he resides at _____________________________________________________ and is the ___________________________________________________________________ of

___________________________________________________________________________ the corporation described in and which executed the foregoing instrument; that he knows the corpo-rate seal of said corporation; that the seal affixed to the foregoing instrument is such corporate seal and it was so affixed by order of the Board of Directors of said corporation; and that by the like order he signed thereto his name and official designation.

Notary Public (Seal)

My commission expires _________________________________________

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BID BOND

KNOW ALL MEN BY THESE PRESENTS, That we, _______________________________

__________________________________________________, hereinafter called the Principal, of

________________________________________________________________, as Principal, and

____________________________________________________________, hereinafter called the

Surety, a corporation organized and existing under the laws of the State of ___________________, and duly authorized to transact a surety business in the State of Connecticut, as Surety, are held and firmly bound unto the Town of East Windsor, as Obligee, in the penal sum of ten (10) per cent of the amount of the bid set forth in a proposal hereinafter mentioned, lawful money of the United States of America, for the payment of which, well and truly to be made to the Obligee, the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. All sureties must be listed on the most recent IRS Circular 570.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, whereas the Principal has submit-ted or is about to submit a proposal to the Obligee related to a contract for “IMPROVEMENTS &

REPAIRS TO BROAD BROOK RESERVOIR DAM, EAST WINDSOR, CONNECTICUT",

NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the said contract in writing with the Town of East Windsor and give the required bonds, with surety acceptable to the Obligee, or if the Principal shall fail to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void, otherwise to re-main in full force and effect; or if the Principal, if not also being the same party as the General Contractor awarded the contract on said project, be designated to perform the subtrade work for any of the classes or subdivisions of the work on which it submitted a bid price and the Principal shall, within such time as may be specified, enter into a contract in writing with the General Con-tractor and give the required bonds, with surety acceptable to the Obligee, or if the Principal shall fail to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void, otherwise to re-main in full force and effect; or if the Principal, if also being the same party as the General Con-tractor awarded the contract on said project, be designated to perform the subtrade work for any of the classes or sub-divisions of the work on which it submitted a bid price and the Principal shall fulfill its obligations under its bond related to the general contract work, and give the required bonds, with surety acceptable to the Obligee, or if the Principal shall fail to do so, pay to the

BB-2

Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void, otherwise to remain in full force and effect.

SIGNED, SEALED AND DATED this _________ day of ________________________, 20____.

___________________________________(L.S.)

Attorney-in-fact

Attorney-in-fact

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LABOR AND MATERIAL BOND

KNOW ALL MEN BY THESE PRESENTS

THAT of the Town of ___________________________

County of and State of as Principal (hereinafter called the

Principal) and __________________________________________________________________

(a surety company authorized to transact business in the State of Connecticut and listed on the most recent IRS Circular 570) as Surety (hereinafter called the Surety), are held and firmly bound unto the Town of East Windsor, Connecticut (hereinafter called the Obligee) in the full penal sum of ___________________________________________________________________________

($ ) Dollars, lawful money of the United States, to be paid to said Town of East Windsor, Connecticut, to the which payment well and truly to be made and done, the said Principal binds himself, his heirs, executors, and administrators (or itself, its successors and assigns), and the said Surety binds itself, its successors and assigns jointly and severally firmly by these presents.

Signed, sealed and delivered this day of A.D. 20 .

THE CONDITION OF THIS OBLIGATION IS SUCH THAT

WHEREAS, said Principal has entered into a certain written contract with said Obligee, dated this _______ day of A.D. 20_____, which written contract provides for the following:

which contract, together with all plans and specifications now made or which may hereafter be made in extension, modification or alteration thereof, are hereby referred to, incorporated in and made a part of this bond as though herein fully set forth.

NOW, THEREFORE, if the said Principal shall promptly pay for all materials furnished and labor supplied or performed in the prosecution of the work included in and under the aforesaid contract whether or not the material or labor enters into and becomes a component part of the real

LMB-2

asset, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect.

Any party, whether a subcontractor or otherwise, who furnishes materials or supplies or performs labor or services in the prosecution of the work under…