General_Conditions_For_Construction.pdf

CITY OF BRIDGEPORT

GENERAL CONDITIONS FOR CONSTRUCTION

Rev. April, 2024

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GENERAL PROVISIONS TABLE OF CONTENTS

SECTION 101

DEFINITIONS AND TERMS

101 -01

Definitions and Terms

SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

102-01 Location of Offices 102-02 Proposals 102-03 Proposal Shall Specify Gross Sum 102-04 No Misunderstanding 102-05 Statement of Non Collusion 102-06 Subsurface Information 102-07 Interpretations and Addenda 102-08 Modification or Withdrawal of Proposal 102-09 Bid Deposit 102-10 Contract Clauses Required For Public Projects 102-11 Other Contracts 102-12 Forms 102-13 Engineering Charges 102-14 Exemption From Tax 102-15 Changes in Amount of Bid 102-16 Special Specifications and Notes 102-17 Sample Form of Invitation 102-18 Deleted 102-19 Deleted 102-20 Deleted

SECTION 103 AWARD AND EXECUTION OF CONTRACT

103-01 Award of Contract 103-02 Execution of Contract 103-03 Right to Suspend Work and Cancel Contract 103-04 Bonds 103-05 Liquidated Damages

SECTION 104

SCOPE OF WORK

104-01 Work Required 104-02 Alterations and Omissions 104-03 Contingencies, Extra Work, Deductions 104-04 Closing of Highway 104-05 Restricted Use of Highway 104-06 Cleaning Up 104-07

Methods and Equipment

SECTION 105

CONTROL OF THE WORK

105-01 Stopping Work 105-02 Orders to Foreman 105-03 Accuracy of Plans and Specifications 105-04 Conformity with Plans and Specifications 105-05 Project Records 105-06 Interpretation of Plans 105-07 Termination Clause 105-08 Cooperation by the Contractor 105-09 Work Affecting Railroads 105-10 Stakeout 105-11 Removal of Unsatisfactory Work 105-12 Construction Equipment 105-13 Construction Equipment Identification 105-14 Disputed Work 105-15 Contractor's Responsibility for Work 105-16 Clearing and Grubbing 105-17 Preparation of Subgrade 105-18

Maintenance and Protection of Traffic

SECTION 106

CONTROL OF MATERIALS

106-01 Source of Supply and Quality Requirements 106-02 Storage of Materials 106-03 Certifications 106-04 Warranties, Guarantees and Instruction Sheets 106-05 Equivalents 106-06 Domestic Materials 106-07 Shop Drawings

SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

107-01 Laws, Permits and Licenses 107-02 Patented Devices, Materials and Processes 107-03 Federal Aid 107-04 Sanitary Code 107-05 Safety and Health Requirements 107-06 Insurance 107-07 Preservation of Property 107-08 Damage 107-09 Restoration 107-10 Soil Erosion, Water and Air Pollution Abatement 107-11 Furnishing Right of Way 107-12 Labor Requirements 107-13 Guarding and Protection 107-14 Nondiscrimination

SECTION 108 PROSECUTION AND PROGRESS

108-01 Start and Progress of Work 108-02 Date of Completion and Closing 108-03 Failure to Complete Work on Time 108-04 Extension of Time 108-05 Subletting or Assigning the Contract

SECTION 109 MEASUREMENT AND PAYMENT

109-01 Estimates and Payment 109-02 Final Additions or Deductions 109-03 Payments on Contract 109-04 Extra and Force Account Work 109-05 Progress Payments 109-06 Payment of Estimates 109-07 No Estimate on Contractor's Non-compliance 109-08 Final Acceptance of Work 109-09 Uncompleted Work Agreement 109-10 Final Agreement 109-11 Final Estimate 109-12 Final Payment 109-13 Acceptance of Final Payment 109-14 Contractor's Cost Records 109-15 Maintenance Bond

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SECTION 101 DEFINITIONS AND TERMS

Wherever in these specifications or in other Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

ABBREVIATIONS wherever the following abbreviations are used in these specifications or on the plans, they are to be construed the same as the respective expressions represented:

A.A.N. American Association of Nurserymen

A.A.R. American Association of Railroads

A.A.S.H.T.O. American Association of State Highway and Transportation Officials

A.I.A. American Institute of Architects

A.I.S.I. American Iron and Steel Institute

A.N.S.I. American National Standards Institute, Inc.

A.R.E.A. American Railway Engineering Association A.S.C.E.

American Society of Civil Engineers

A.S.M.E. American Society of Mechanical Engineers

A.S.T.M. American Society for Testing & Materials

A.W.W.A. American Water Works Association

A.W.S. American Welding Society

M.U.T.C.D. Manual Of Uniform Traffic Control Devices

S.A.E. Society of Automotive Engineers

S.S.P.C. Steel Structures Painting Council

ADDENDA: Written instruments issued prior to the opening of bids which clarify, correct or change the Contract Documents.

AWARD: The decision of the Department to accept the proposal of the lowest responsive and responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefor; the provisions of proper bonds to secure the performance thereof, and full payment to all suppliers of labor and materials therefor. The fulfillment of such other conditions as may be specified or otherwise required by law.

BID DEPOSIT: The security furnished by the bidder with his proposal for a project, as guaranty he will enter into a contract for the work at the price bid if his proposal is accepted.

BIDDER: An individual, firm or corporation formally submitting a proposal for the work contemplated acting directly or through a duly authorized representative.

CALENDAR DAY: Every day shown on the calendar.

CITY: When used, means the City of Bridgeport, represented by the Project Manager (“Director”) of the Department responsible for the Work.

CONTRACT AGREEMENT: The written agreement specifying the terms and conditions for the performance of the work and the furnishing of labor and materials in connection with a specific Project.

CONTRACT BOND: The approved form of security, executed by the Contractor and his Surety or Sureties, guaranteeing complete execution of the work specified in the contract and all supplemental agreements pertaining thereto and the payment of all legal debts pertaining to the construction of the project.

CONTRACT DOCUMENTS: The Contract Documents shall include the advertisement for bid or proposal; the Contractor's bid or proposal response; the written agreement including all bonds and insurance certificates; technical and special specifications; the Project plans;

State Labor Department minimum wage rates (if applicable); any addenda to specifications if the same are issued prior to the date of receipt of bids; these General Conditions, and all provisions required by law to be inserted in the contract whether actually inserted or not.

CONTRACT ITEM (PAY ITEM): A specifically described unit of work for which a price is provided in the Contract Documents.

CONTRACTOR: The individual, firm or corporation undertaking the execution of the work under the terms of the contract and acting directly or indirectly or through any agents, representatives or employees.

CITY ATTORNEY: The Legal Department of the City of Bridgeport or its authorized representatives.

DEPARTMENT: The City of Bridgeport department managing the Project.

DIRECTOR: Also known as the Project Manager or Contracting Officer, the Director is the city official, employee or representative who oversees the Work on behalf of the City.

ENGINEER OR ENGINEER-IN-CHARGE also known as OWNER’S REPRESENTATIVE:

The Engineer of record for the Project representing the City having direct supervision of the execution of the contract under the direction of the Director. Where no engineer or owner’s representative is retained for a particular Project, all references to “Engineer” shall mean Director.

EQUIPMENT: All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work.

EXTRA WORK: An item of work not provided for in the intended scope of the contract as awarded but found essential to the satisfactory completion of the project.

FINAL AGREEMENT: Written agreement between the City of Bridgeport and the Contractor, stating the total amount of work done by the Contractor and the total value of such work under and according to the terms of the contract.

FINAL ESTIMATE: A certified listing of final quantities, amounts of each item and total cost of the completed work specified in the Final Agreement, the amounts paid to the Contractor under the contract, any deductions not included in the Final Agreement and the amount of the final payment due the Contractor.

FORM 814: State of Connecticut, Department of Transportation, Standard Specifications for Roads, Bridges and Incidental Construction, Form 814, 1988, as amended.

HIGHWAY: The whole strip of land bounded by the right-of-way lines.

INSPECTOR: The City of Bridgeport representative detailed to supervise or inspect methods and materials relating to work both on and off the site of the contract.

ORDER ON CONTRACT: Written order issued by the Director covering contingencies, extra work, deductions, increases or decreases and additions, alterations or omissions to the plans or specifications.

NOTICE OF INTENT TO AWARD: The written notice by Purchasing to the apparent successful bidder stating that upon compliance with the conditions precedent enumerated therein, within the time specified, the City will sign and deliver the Contract Agreement.

NOTICE TO PROCEED: A written notice given by Purchasing to the Contractor providing the date on which the Contractor shall start to perform his obligations under the Contract Documents.

PARTIAL OR MONTHLY ESTIMATES: Payments to the Contractor for work satisfactorily performed.

PLANS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith.

PROJECT: All labor and materials necessary to accomplish the construction work identified in the Plans and Specifications and required to be performed under one or more construction contracts.

PROPOSAL: The offer of the bidder for the work, when executed and submitted on the prescribed form.

PROPOSAL FORM: The approved form on which the Department requires formal bids to be prepared and submitted for the work.

PURCHASING: The Purchasing Department of the City of Bridgeport, located at 999 Broad Street.

REASONABLY CLOSE CONFORMITY: Reasonably close conformity means compliance with reasonable and customary manufacturing and construction tolerances where working tolerances are not specified. Where working tolerances are specified, reasonably close conformity means compliance with such working tolerances. Without detracting from the complete and absolute discretion of the Engineer to insist upon such tolerances as establishing reasonably close conformity, the Engineer may accept variation beyond such tolerances as reasonably close conformity where they will not materially affect the quality or utility of the work and will be in the best interests of the City.

RIGHT-OF-WAY OR R.O.W.: A general term denoting land, property or interest therein, usually in a strip, acquired for or devoted to a highway.

ROADBED: The graded portions of a highway within top and side slopes, prepared as a foundation for the pavement structure and shoulders.

ROADWAY: The portion of highway included between the outside edges of the shoulders.

ROAD SECTION: That portion of a highway included between the top of slope in cut and the bottom of slope in fill.

SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by the Contractor to illustrate material or equipment for some portions of the work.

SHOULDER: The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

SITE: The specific area adjacent to and including the area upon which construction work is to be performed. Generally such area may be considered as defined by the right of way or property made available to the Contractor for construction operations.

SPECIAL NOTES: Special directions, provisions, or requirements peculiar to the project under construction.

STANDARD SPECIFICATIONS: The body of directions, requirements, etc. contained in this present volume, together with all documents of any description and agreements made (or to be made), pertaining to the methods or manner of performing the work or to the quantities and quality as shown by the test records of accepted materials to be furnished under a contract.

STRUCTURES: Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, end walls, buildings, sewers, service pipes, under drains, foundation drains and other features which may be encountered in the work and not otherwise classed herein.

SUBCONTRACTOR: Any individual, firm or corporation to whom the Contractor, with the written consent of the Department, sublets any part of the contract work.

SURETY: The corporate body bound with and for the Contractor, for the full and complete performance of the contract, and for the payment of all debts, pertaining to the work.

UTILITY: A publicly, privately or cooperatively owned agency or agencies operated by one or more persons or corporations for public service.

WORK: Work shall be understood to mean the furnishing of all labor, materials, equipment and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the contract.

WORK DAY: A calendar day, exclusive of Sundays and City recognized legal holidays, on which weather and other conditions not under the control of the Contractor, will permit construction operations to proceed for the major part of the day on the principal item or items of work which would normally be in progress at that time.

SECTION 102 BIDDING REQUIREMENTS AND

CONDITIONS

§102-01 LOCATION OF OFFICES

Persons desiring to make a proposal shall use the proposal blank prepared by the Department for each individual contract. The time for which proposals will be received will be found in the published notice calling for proposals. Any proposal received after the hour specified in the published notice shall not be accepted. Detailed plans of the work may be examined at the Purchasing Department, 999 Broad Street, Bridgeport, Connecticut.

§102-02 PROPOSALS

Each proposal must be submitted on the official form, which is furnished by the Department. All blank spaces in the proposal form must be filled in as noted, and no change shall be made to the proposal form or in the items mentioned therein.

Proposals that are illegible or that contain any omissions, erasures, alterations, additions, or items not called for in the itemized proposal or that contain irregularities of any kind, may be rejected as non-responsive.

The bidder shall sign in the space provided in the proposal form, with his usual signature.

An officer of a corporation or a member of a partnership signing for the bidder, shall place his signature and title after the word "By" under the name of the Contractor. The same procedure shall apply to the proposal of a joint venture by two or more bidders; however, if the signature is by an agent or attorney-in-fact for the joint venturers, then the proposal shall be accompanied by four (4) authenticated copies of the evidence of his authority to act on behalf of all of the joint venturers.

The envelopes containing the bids must be sealed, addressed to the Purchasing Agent, City of Bridgeport, 999 Broad Street, Bridgeport, Connecticut 06604, and shall be plainly marked on the outside with the Contractor's name and title of the bid. If forwarded by mail, the sealed envelope containing the proposal, and marked as directed above, must be enclosed in another sealed envelope addressed in the same manner and shall preferably be sent by Registered Mail.

§102-03 PROPOSAL SHALL SPECIFY GROSS SUM

Each proposal shall specify the correct gross sum, in the manner hereafter described for which the work will be performed according to the plans and specifications and any addenda to the specifications, together with a unit price for each of the separate items as called for.

The lowest bid shall be determined by the Director on the basis of the gross sum for which the entire work will be performed, arrived at by a correct computation of all the items specified in the proposal at the unit prices stated in the proposal. The Director reserves the right to reject any proposal in which unit bid prices appear, in his judgment, to constitute an unbalanced bid for the work.

Any proposal may be deemed informal which does not contain prices set opposite each of the several items for which there is a quantity exhibited in the itemize proposal or which shall in any manner fail to conform to the conditions of the published notice inviting proposals.

The unit prices and gross sum bid shall be indicated in words and figures. In case the amount shown in words and its equivalent in figures do not agree, the written words may, in the discretion of the Director, be considered binding.

§102-04 NO MISUNDERSTANDING

The bidder shall review all information provided by the City regarding the Project, all existing site and other related conditions. The bidder is advised that, while such information is given in good faith by the City, the City cannot ensure its sufficiency and accuracy and that such information is intended solely for reference purposes. The bidder is responsible to verify the status of all existing structures, equipment, systems and site conditions to obtain all information needed to properly perform the Work under the Project. The bidder shall examine the Contract Documents and the site of the work and shall fully inform himself from his personal examination of the same regarding the quantities, character, location and other conditions affecting the work to be performed, including the existence of poles, wires, pipes, ducts, conduits, and other facilities and structures of municipal and other public service corporations on, over, or under the site. The bidder will make no claim against the City by reliance upon any estimates, tests or other representations made by any officer or agent of the City with respect to the work to be performed under the contract. Particular attention is called to special notes and special specifications in the proposal which may contain contract requirements at variance with standard plans and specifications.

§§102-05 STATEMENT OF NON COLLUSION

By submission of the bid each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bidder each party certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

A. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

B. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

C.

No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

§102-06 SUBSURFACE INFORMATION

Boring logs and other subsurface information made available for the inspection of bidders were obtained with reasonable care and recorded in good faith by the Department.

The soil and rock descriptions shown are as determined by a visual inspection of the samples from the various explorations unless otherwise noted. The observed water levels and/or water conditions indicated are as recorded at the time of the exploration. These levels and/or conditions may vary considerably, with time, according to the prevailing climate, rainfall and other factors.

The locations of utilities or other underground man-made features were ascertained with reasonable care and recorded in good faith from various sources, including the records of municipal and other public service corporations, and therefore the location of known utilities may only be approximate.

Subsurface information is made available to bidders in good faith and for reference purposes only in order that they may have access to the same information utilized by the City for design and estimating purposes. Such information is not intended as a substitute for personal investigations, interpretations and judgment of the bidder. Rather, each bidder is responsible for verifying such information and obtaining all additional information necessary to properly perform the work under the contract Agreement.

§102-07 INTERPRETATIONS AND ADDENDA

All questions about the meaning or intent of the Contract Documents shall be submitted to the City’s bidding platform. In order to receive consideration, questions must be received by the deadline posted on the bidding platform. Answers to questions will be posted by the deadline stated in the bidding platform. The Department will not be responsible for oral interpretations or clarifications which anyone presumes to make on its behalf.

In addition, the Department may issue an Addenda as may be necessary to clarify, correct or change the Contract Documents.

The bidder shall acknowledge receipt of the Addenda in the space provided in the proposal form and further acknowledge that the provisions of each Addendum have been included in the preparation of the bid.

§102-08 MODIFICATION OR WITHDRAWAL OF PROPOSAL

No modification to or explanation of any proposal or bid in any form shall be accepted after the proposal or bid has been deposited with Purchasing. No proposal shall be withdrawn or cancelled before the time designated for public opening, except upon such conditions as the Director may deem to be necessary. No proposal shall be withdrawn or cancelled after the time designated for opening such proposals publicly.

If the proposal or bid is made by a firm, the name and place of residence of each member of the firm shall be given. If made by a corporation, the names of the president, secretary and treasurer shall be given. If made by a partnership, the names of the partners shall be given.

§102-09 BID DEPOSIT

Every bid must be accompanied by a certified check or bank cashier's check or original, raised seal bid bond payable to the City of Bridgeport in the amount of ten (10) percent of the total bid amount. Said checks or original, raised seal bid bonds will be returned to the unsuccessful bidders upon the Award of the Contract.

§102-10 CONTRACT CLAUSES REQUIRED FOR PUBLIC PROJECTS

The execution of the Contract by the Contractor binds him to the following specific agreements required by law:

A. This contract may not be assigned by the Contractor or its rights, title or interest assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing of the Director.

B. It is understood that the City is dependent upon receiving authorized appropriations or budgeted funds for this Project. The Contract for work on the Project therefore, shall be deemed binding only to the extent of money being made available to the City for the performance of the work thereunder. No liability on account or such work shall be incurred by the City beyond monies available for the purpose thereof.

C. It is hereby agreed that all applicable provisions of the Labor Laws of the State of Connecticut shall be carried out in the performance of work under the Contract.

D. The relationship of the Contractor to the City is that of an Independent Contractor. Accordingly, said Contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the City by reason hereof, and that it will not, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the City, including, but not limited to worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit.

E. The Contractor, and anyone employing services for work in connection with this project shall not discriminate in any employment or work-related practices.

§102-11 OTHER CONTRACTS

The City reserves the right to let other contracts in connection with the work to be performed on the Project. Therefore, the Contractor may not have exclusive occupancy of the territory within or adjacent to limits of the site.

The Contractor will be required to cooperate with all other Contractors and the owners of the various utilities in and around the site and to coordinate and arrange the sequence of his work to conform with the progressive operations of such other work. Cooperation and adjustments with the Contractors already engaged and to be engaged upon the site is essential to properly coordinate the construction efforts of all Contractors, Utility Owners, and Subcontractors engaged in the work within and adjacent to the construction area of this Project.

In case of interference with the operations of the Utility Owners and other Contractors, the Director will be the sole judge of the rights of each Contractor and the sequence of work necessary to expedite the completion of the entire project. In all cases, the Director's decision shall be accepted as final.

§102-12 FORMS

The form of contract and bond, if given, shall be that provided by the City of Bridgeport, City Attorney.

§102-13 ENGINEERING CHARGES

When the work embraced in the contract is not completed on or before the date specified, engineering and inspection expenses incurred by the Department upon the work, including engineering and inspection expenses incurred on the work by railroad companies, from the completion date originally fixed in the Contract to the actual date of completion of the work may be charged to the Contractor and may be deducted by the Department from the final monies due the Contractor. Consideration of any extra work or order on contract added to the original contract amount, as well as extenuating circumstances beyond the control of the Contractor, will be given due consideration by the Department before assessing engineering and inspection charges against the Contractor. Such charges will be assessed, however, in cases where the work has been unduly delayed by the Contractor without acceptable reasons, or due to inefficient operations, or any other reason for which the Department determines the Contractor liable.

§102-14 EXEMPTION FROM TAX

Purchases made by the City of Bridgeport are exempt from payment of Federal Taxes, and State of Connecticut Sales and Use Taxes. Such taxes must not be included in the bid price of any item or materials permanently incorporated into the work or furnished to the City under the Contract.

§102-15 CHANGES IN AMOUNT OF BID

All unit prices, lump sums, etc. listed in the bid proposal, are firm and not subject to change for one hundred twenty (120) days from the day bids are opened.

§102-16 SPECIAL SPECIFICATIONS AND NOTES

The schedule of liquidated damages, the list designated by the City as "Specialty Items" and specific contract Special Notes and Requirements, will be listed in this location of the Specifications.

§102-17 SAMPLE FORM OF INVITATION

INVITATION

For construction (Title of contract and Description of work)

Sealed bids will be received at the Purchasing Department of the City of Bridgeport, at the Margaret Morton Government Center, 999 Broad Street, Bridgeport, Connecticut, 06604 for PROJECT until TIME, DATE at which time and place said bids will be opened publicly and read aloud.

The information for Bidders, Proposal, Form of Contract, Plans and Specifications may be examined in the Purchasing Department, Bridgeport, Connecticut. The Plans and a "bid package" containing the Invitation, Labor Rates, Proposal, and Special Specifications and Notes may at times, be obtained from Technical Reproductions, Inc., 326 Main Avenue A, Norwalk, CT 06851 at the requestor’s sole expense.

A certified check or original, raised seal bid bond in the amount of 10 % of the total bid amount must accompany the bid. Said checks or original, raised seal bid bonds will be returned to the unsuccessful bidders upon the awarding of the Contract. If any bid is not accompanied by an original, raised seal bid bond or check at the specified time for the bid opening, the non-responsive bid will not be read and this action will constitute automatic rejection of such bid.

The successful bidder may be required to furnish a performance bond, and a labor and materials bond (payment bond) for the amount of the total bid. A certified check cannot be substituted for either bond. The City of Bridgeport reserves the right to alter quantities and to accept or reject any or all bids or any portion of any bids, for any or no reason, including unavailability of appropriated funds as it may deem to be in its best interests.

All bidders are requested to note that the award of this Contract is subject to the following conditions and contingencies:

1. The approval of such governmental agencies as may be required by law.

2. The appropriation of adequate funds by the proper agencies.

§102-18 DELETED

§102-19 DELETED

ITEMIZED PROPOSAL

For Constructing

(Title of Contract and Description of Work)

The Work Proposed Herein Must be Completed by ___________

Honorable Mayor and Members of the City Council of the City of Bridgeport, Connecticut

All:

In submitting this bid the undersigned declares that he and the entity on behalf of which this bid is made is or they are the only person or persons interested in the said bid; that the bid is made without any connection with any person making another bid for the same contract;

that the bid is in all respects fair and without collusion, fraud or mental reservation; and that no official or the City, or any person in the employ of the City is directly or indirectly interested in said bid or in the supplies or work to which it relates, or in any portion of the profits thereof.

The undersigned also hereby declares that he has, either for himself or on behalf of the entity he represents carefully examined the plans, specifications, and form of contract, for this project, has personally inspected the actual location of the work together with the local sources of supply, and is satisfied as to all the quantities and conditions, and understands that in signing this proposal he or the entity that he represents waives all rights to plead any misunderstanding regarding the same.

The undersigned further understands and agrees that he is to furnish and provide for the respective item price bid all the necessary material, machinery, implements, tools, labor, services, and other items of whatever nature, and to do and perform all the work necessary under the aforesaid conditions, to complete the improvements of the aforementioned Project, which plans and specifications it is agreed are a part of this proposal, and to accept in full compensation therefore the amount of the summation of the products of the approximate quantities multiplied by the unit prices bid. This summation will hereinafter be referred to as the gross sum bid.

The undersigned further agrees to accept the aforesaid unit bid prices in compensation for any additions or deductions caused by any variation in quantities due to more accurate measurement, or by any changes or alterations in the plans or specifications of the work and for use in the computation of the value or the work performed for monthly estimates.

Every proposal must be accompanied by a certified check or bank cashier's check or an original, raised seal bid bond payable to the City of Bridgeport in the amount of ten (10) percent of the bid.

Accompanying this proposal is a certified check or bank cashier's check or an original, raised seal bid bond payable to the City of Bridgeport in the amount of $_________. In case this proposal shall be accepted by the City of Bridgeport, and the undersigned shall fail to execute the contract, the monies represented by such certified check or bank cashier's check or an original, raised seal bid bond shall be regarded as liquidated damages and shall be forfeited and become the property of the City of Bridgeport. Said checks or an original, raised seal bid bonds shall be returned to the unsuccessful bidders upon the Award of the Contract.

When work is required in which no specific payment item is listed in the Proposal Form, the cost of such work shall be included in the unit prices bid.

All unit prices, lump sums, etc. listed in the bid proposal are firm and not subject to change for one hundred twenty (120) days from the day bids are opened.

Within thirty (30) days from the date of a Notice of Intent to Award of this proposal, the undersigned agrees to execute the Contract and to furnish to the City a satisfactory " Performance Bond" and "Payment Bond" in the amount of 100% of the contract price.

All work to be performed under the Contract shall be completed within the time stated in the Contract Agreement for the project or within such extended time for completion as may be granted by the Director.

Bidder acknowledges receipt of the Addenda listed below and further acknowledges that the provisions of each Addendum have been included in the preparation of this bid.

Addendum No. Date Received Addendum No. Date Received

COMPANY NAME (BIDDER): _____________________________________

Address of Bidder: _____________________________________

Phone Number: Area Code ( ) ________________________ Signature of Bidder: ______________________ Dated: _________

Name and Addresses of Members of the Firms:

§102-20 DELETED

SECTION 103 AWARD AND EXECUTION OF CONTRACT

§103-01 AWARD OF CONTRACT

Award of contract will be made only to the lowest responsive and responsible bidder as will best promote the public interest. The City of Bridgeport reserves the right to reject any or all proposals or any portion thereof, or, to award to other than the low bidder, to waive minor informalities, to advertise for new proposals, or to proceed to do the work otherwise, if, in its opinion, the best interests of the City will thereby be promoted.

If requested by the City, the bidder must present evidence of experience, ability and financial standing, as well as a statement as to equipment.

§103-02 EXECUTION OF CONTRACT

The person or persons whose proposal is accepted will be required to execute the written contract provided by the City Attorney and to comply in all respects with the insurance coverage, bonding requirements and prevailing wage certificates relating to the contract form provided by the City Attorney, which must be returned to and signed by the authorized City official and a City Attorney. In case of failure or refusal on the part of the bidder to deliver the duly executed contract to the City Attorney within the ten day period herein mentioned, the amount of the bid deposit made will be forfeited to the City of Bridgeport.

The Contractor agrees that he will conduct his operations in compliance with all the laws, and regulations of the United States, the State of Connecticut, the City of Bridgeport. All costs due to compliance with the above described laws, regulations, and ordinances shall be included in the prices bid for contract Items unless otherwise provided for in the contract.

§103-03 RIGHT TO SUSPEND WORK AND CANCEL CONTRACT

If at any time during the prosecution of the work the City determines that the work upon the contract is not being performed according to the Contract Documents or in accordance with the best interest of the City, the execution of the work by the Contractor may be temporarily suspended by the City, which may then proceed with the work under its direction in such manner as will accord with the contract specifications and be for the best interests of the City; or it may terminate the Contractor's employment under the contract while it is in progress, and thereupon proceed with the work, in affirmance of the contract, by a new contract negotiated or by calling upon the surety to complete the work in accordance with the plans and specifications or by a combination of any such methods. If the cost of completing the contract exceeds the price for which it was originally awarded, such costs shall be charged to and paid by the Contractor or its surety.

Whenever the City determines to suspend or stop work under the contract, a written notice sent by mail to the Contractor at his address and to the sureties at their respective addresses, shall be sufficient notice of its action.

§103-04 BONDS

Pursuant to C.G.S.§49-41, the Contractor shall procure and maintain without any expense to the City and until final acceptance of the Work the following:

A. PERFORMANCE BOND. A bond in the form acceptable to the the City Attorney with sufficient sureties, to ensure that the Contractor will perform the Work in accordance with the terms of the contract and with the plans and specifications, therefore, and that the same will be completed within the time prescribed in the contract;

B. PAYMENT BOND. A bond in a form acceptable to the City Attorney guaranteeing prompt payment of all monies due all persons supplying the Contractor or a Subcontractor with labor or materials employed or used in carrying out the contract. The bond shall inure to the benefit of the persons supplying such labor or materials.

C. AMOUNT OF BONDS. The amounts of the Performance Bond and Payment Bond shall each be 100% of the amount of the contract price.

D. All bonds shall be submitted to the office of the City Attorney for review at least five days prior to the scheduled signing of a contract. No work on the contract shall commence until such bonds have been properly completed and submitted.

§103-05 LIQUIDATED DAMAGES

Time is of the essence for the Project. The Contractor is expected to perform the Work within the time limitations set out in the Contract Documents, with due allowance being made for any extensions of time made in accordance with the provisions herein set out. In the event that the Contractor shall not so perform, it shall be liable to the City for liquidated damages in accordance with that specified in the Contract, for each calendar day that the Contractor is in default of completion. The City will deduct the liquidated damages from any amount due or that may become due to the Contractor, or to collect the liquidated damages for the Contractor or its surety.

SECTION 104 SCOPE OF WORK

§104-01 WORK REQUIRED

The Contractor shall be required to perform all work enumerated under the different items of the contract and to protect all adjoining property, all Utilities and existing roadway facilities within the Right-of-Way/Site and to repair or replace any such properties, Utilities and facilities damaged or destroyed by him or his employees in performing the work, both within and adjacent to the Right-of-Way/Site.

The Contractor's attention is directed to the fact that during the life of this contract the owners and operators of Utilities may make changes in their facilities within the limits of or adjacent to this contract which may be both temporary and permanent.

The Contractor shall be responsible for the coordination of the work of his various Subcontractors. Their respective operations shall be arranged and conducted so that delays will be avoided. Where the work of the Contractor, or Subcontractors, overlaps or dovetails with that of other Contractors, materials shall be delivered and operations conducted so as to carry on the work continuously in an efficient and workmanlike manner.

Delays or oversights on the part of the Contractor or Subcontractors or Utility owners in getting any or all of their work properly done, thereby requiring the cutting, removing and replacing of work already in place, shall not be the basis of a claim or request for extra compensation. Such work will be performed at the cost and expense of the offending Contractor, Subcontractor or Utility owners.

§104-02 ALTERATIONS AND OMISSIONS

The work shall be performed in accordance with the true intent and meaning of the Contract Documents without any further expense of any nature whatsoever to the City other than the consideration named therein.

The City reserves the right, at any time during the progress of the work, to alter the plans or omit any portion of the work as it may deem reasonably necessary for the public interest. In such event, allowances will be made for additions and deductions in compensation at the prices named in the proposal for this work and shall not constitute grounds for any claim by the Contractor for damages, loss of anticipated profits, or for any variations between the approximate quantities and the quantities of the work as done.

§104-03 CONTINGENCIES, EXTRA WORK, DEDUCTIONS

Whenever the City determines that from any unforeseen cause the terms of any contract should be altered to provide for changes, contingencies or extra work, it may issue a Change Order to the Contractor who shall forthwith proceed with the performance of the work and the furnishing of the materials and equipment necessary for its accomplishment in accordance with the pertinent specifications. No such extra work shall be commenced or undertaken until the City has issued a signed Change Order.

No instruction or extra work, either written or verbal, shall be construed as an order for changes unless it be in the form of a written Change Order bearing the signed approval of the Director.

Payment for unforeseen work shall be made as provided for in §109-04 "EXTRA AND

FORCE ACCOUNT WORK".

§104-04 CLOSING OF HIGHWAY

The legal closing of a roadway and/or street to public travel in the manner provided by the Code of the City of Bridgeport will be accomplished by the Director when requested from Public Facilities. All roadways are not closed during highway construction operations.

When a highway, roadway or street is legally closed and public travel diverted therefrom adequate warning, danger and direction signs and lights shall be erected and maintained by the Contractor to properly and reasonably protect the public by day and by night. Suitable barricades shall also be erected at the ends of such closed sections of roadways and large signs displayed indicating such closure. All signs, barricades and other traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as approved and amended.

§104-05 RESTRICTED USE OF HIGHWAY

With the award of this contract, the Director may if it is determined necessary place restrictions in the use of the particular section of roadway under construction.

The Director will therefore cause signs indicating such restrictions to be placed at such points as he deems necessary for their safe use of the roadway as restricted. The traveling public and the Contractor must observe and comply with these restrictions as posted, except that the Contractor may be allowed greater latitude with respect to size and weight of construction equipment. The size and weight of construction equipment used within the contract limits will be limited to that which is suitable and practical for the operation at hand so as not to injure or cause damage to the work that is being done or to that portion of the old roadway that is to be retained as part of the completed contract. The Engineer's determination shall control. The Contractor may therefore utilize such equipment which does not exceed the legal weights outlined in the Vehicle and Traffic laws of the State of Connecticut without specific approval. Loads in excess of the legal weights will not be permitted on any structure, on any new pavements, or on any resurfacing contract, except as provided under §105-12, "Construction Equipment".

§104-06 CLEANING UP

The site shall be neatly cleaned up upon completion according to the Engineer's directions, so that the project site shall be left in a neat and orderly condition.

Any salvaged material not specified to be disposed of otherwise, shall become the property of the Contractor and removed from the site.

§104-07 METHODS AND EQUIPMENT

Where particular methods or equipment are specifically required in these specifications, the Contractor may apply in writing to the Engineer and/or City Engineer, Inspection or Project Manager depending on the Project to use alternate methods and equipment to provide the same results. Such alternates may be used only after favorable recommendation by the Engineer and the written approval of the Director. When, in the opinion of the Engineer, satisfactory results are not being obtained using the Contractor's alternate methods and equipment, the methods and/or equipment shall be immediately modified to produce satisfactory results in accordance with the requirements of the Director.

SECTION 105 CONTROL OF THE WORK

§105-01 STOPPING WORK

The City may stop by written order any work or any part of the work under the contract if the methods or conditions are such that unsatisfactory work might result, or if improper material or workmanship is being used.

§105-02 ORDERS TO FOREMEN

Whenever the Contractor or his superintendent is not present on any part of the work where it may be desired to give directions, orders will be given by the Engineer or his representative and shall be received and obeyed by the person in charge of the particular work for which the orders are given. All foremen shall speak English.

§105-03 ACCURACY OF PLANS AND SPECIFICATIONS

The detail plans and specifications for the contract have been prepared with care and are intended to show as clearly as is practicable the work required to be done. The Contractor must realize, however, that construction details cannot always be accurately anticipated and that in executing the work, field conditions may require reasonable modifications in the details of plans and quantities of work involved. Work under all items in the contract must be carried out to meet these field conditions to the satisfaction of the Engineer and in accordance with his instructions and the contract specifications.

The Contractor shall take no advantage of any apparent error or omission in the plans or specifications. In the event the Contractor discovers an error or omission in the plans or specifications, he shall immediately notify the Engineer in writing. The Engineer will then make corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications.

§105-04 CONFORMITY WITH PLANS AND SPECIFICATIONS

All work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on the plans or indicated in the specifications.

Plan dimensions and contract specification values are to be considered as the target value to be strived for and complied with as the design value from which any deviations are allowed. It is the intent of the specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When a maximum or minimum value is specified, the production and processing of the material and the performance of the work shall be so controlled that material or work will not be preponderately of borderline quality or dimension.

In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the plans and specifications but that reasonably acceptable work has been produced, he shall then make a determination if the work is reasonably satisfactory and, on that basis shall be accepted and remain in place. In this event, the Engineer will document the basis of acceptance by contract modification which will provide for an appropriate adjustment in the contract price for such work or judgment.

In the event the Engineer finds that the materials, the finished product in which the materials are used, or the work performed is not in reasonably close conformity with the plans and specifications and has resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor.

§105-05 PROJECT RECORDS

The Engineer is required to keep his project records in accordance with the standard procedures in force at the time the project is started. The Contractor is invited to review these procedures with the Engineer if he so desires.

§105-06 INTERPRETATION OF PLANS

In case of any difference in the interpretation of the plans, specifications or maps, or between them, the matter must be immediately submitted to the Director, who shall adjust the same, and his decision shall be final and conclusive.

§105-07 TERMINATION CLAUSE

The City may, by written notice, terminate the contract or a portion thereof when the Contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense or by Executive Order of the Governor with respect to a major catastrophe or pandemic.

In addition, the City may at any time and for any reason, with or without cause, terminate the contract by written notice specifying the termination date, which shall be not less than seven (7) days from the date such notice is given.

When contracts, or any portion thereof, are terminated…