ON-CALL_CULVERT_CLEANING_AND_INSPECTION.pdf

INVITATION TO BID

23/24-98

ON-CALL CULVERT CLEANING AND INSPECTION

Town of Manchester

Lincoln Center

Manchester, CT 06040

RELEASE DATE: May 6, 2024

DEADLINE FOR QUESTIONS: May 17, 2024

RESPONSE DEADLINE: May 21, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/townofmanchester https://secure.procurenow.com/portal/%7bproject.government.code%7d

Town of Manchester

INVITATION TO BID

23/24-98

ON-CALL CULVERT CLEANING AND INSPECTION

Table of Contents

1. INTRODUCTION

2. BIDDING REQUIREMENTS

3. GENERAL CONDITIONS FOR ALL PROJECTS

4. PROJECT SPECIFIC REQUIREMENTS

5. STANDARD INSURANCE & INDEMNIFICATION

6. VENDOR SUBMISSIONS

7. FORM OF GENERAL BID

8. LIVING WAGE ORDINANCE

Appendices

A - Town of Manchester Contract (Blank)

B - Town of Manchester Performance Bond

C - Town of Manchester Labor and Materials Payment Bond

D - Town of Manchester Traffic Control Ordinance (2020-01-23)

E - Town of Manchester 2024 Holiday Calendar

F - Living Wage Certification

Invitation To Bid #23/24-98 Title: ON-CALL CULVERT CLEANING AND INSPECTION

1. INTRODUCTION

1.1. Summary

NOTICE IS HEREBY GIVEN that the Town of Manchester, Connecticut, herein called the Town, acting by and through its Town Manager will receive sealed Bids for project Bid No. 23/24-98 ON-CALL CULVERT

CLEANING AND INSPECTION. Bids will be accepted via the Town's eProcurement Portal until 2:00 pm on

Tuesday, May 21, 2024 at which time and place said bids will be publicly opened and read aloud.

Bids may be submitted prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered.

1.2. Background

Work under this contract includes the cleaning and video inspection of storm drainage culverts in the

Town of Manchester.

1.3. Contact Information

Cora Narracci

Purchasing Agent

494 Main Street

Purchasing Department

Manchester, CT 06040

Email: cnarracci@manchesterct.gov

Phone: (860) 647-3033

Department:

Engineering

Department Head:

Jeff LaMalva

Town Engineer

1.4. Timeline

Advertisement/Release Project Date May 6, 2024

Question Submission Deadline May 17, 2024, 4:00pm

Question Response Deadline May 20, 2024, 4:00pm mailto:cnarracci@manchesterct.gov tel:(860)647-3033

Bid Opening May 21, 2024, 2:00pm

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2. BIDDING REQUIREMENTS

2.1. RULES AND REGULATIONS FOR COMPETITIVE BIDDING

These rules and regulations have been adopted by the Board of Directors of the Town of Manchester pursuant to Section 5-22 of the Town Charter. They are standard for all competitive bidding proposals issued by the Town of Manchester, Connecticut for contracts of all types where labor, materials and necessary equipment to complete work is to be furnished to the Town, where the Town is to purchase supplies, materials and equipment, where the Town is to sell surplus materials and equipment, or where the Town is to sell real estate. These rules and regulations shall be binding upon all prospective bidders and the Town of Manchester.

GENERAL RULES

1. The Purchasing Authority may delete or modify any of the instructions to bidders herein for a particular proposal, indicating such change in the appropriate section of the bid documents. The

Purchasing Authority may insert special instructions in any special contracts which are subject to competitive bidding.

2. The attached proposal is signed by the bidder with full knowledge of, and agreement with, the general specifications, conditions and requirements of this bid.

3. Where appropriate, return copy of proposal on the enclosed form.

4. Submit proposal via the Town's eProcurement Portal.

5. Proposals received later than 2:00 pm on Tuesday, May 21, 2024 will not be considered. Amendments to, or withdrawals of bids received later than the time and date set for bid opening will not be considered.

6. All deliveries of commodities or services hereunder shall comply in every respect with all applicable laws of the Federal Government and/or State of Connecticut. Purchases made by the Town of

Manchester are exempt from payment of Federal Excise Taxes and the Connecticut Sales Tax, and such taxes must not be included in bid prices. Federal Excise Tax exemption certificates, if requested, will be furnished.

7. The Bidder, shall submit their itemized pricing via the Town's eProcurement Portal. Bid tabulations are automatically created; however, in the event there is a discrepancy between the unit price and the extension, the unit price will govern.

8. Bidders shall, where applicable, submit terms for payment in spaces provided in the proposal form, showing the amount of cash discount which shall apply to bid prices when paid within the stated number of days in the proposal.

9. All inquiries shall be submitted via the Town's eProcurement Portal, Q&A section. All information given by the Town, except by written addenda, shall be informal and shall not be binding upon the

Town, nor shall it furnish a basis for legal action by any Bidder or prospective Bidder against the Town.

10. A. The Town reserves the right to reject any and all bids, to waive technical defects and to make such awards including accepting a bid, although not the low bid, as it deems in its sole discretion to be in the best interest of the Town. The Town reserves the right to reject any bid if the Bidder, any officer of the

Bidder, or any other company owned in whole or in part by an officer(s) of the Bidder, is delinquent in the payment of any taxes or fees owed to the Town. The Town reserves the right to require a disclosure statement from the Bidder listing the name(s) of all officers of the company.

B. In the event the Town determines that a contractor is delinquent in any payment due the Town, then the Town may offset the delinquent amount due to the Town against the sums owed the contractor.

11. The Town of Manchester may make such investigation as deemed necessary to determine the ability of the Bidder to discharge a contract. The Bidder shall furnish the Town with all such information and data as may be required for that purpose. The Town reserves the right to reject any bid if the Bidder fails to satisfactorily convince the Town that he is properly qualified by experience and facilities to carry out the obligations of the contract and to satisfactorily complete the work called for herein, or if the bid is conditional in nature.

12. Except where otherwise provided, a contract between the Town and a successful Bidder shall consist of the Invitation to Bid, Specifications, Plans, Bid, including Proposal Sheet, and Acceptance by the Town and these Rules and Regulations. Acceptance by the Town may be by purchase order for the portion of the work awarded a contractor.

13. All Invitations to Bid shall be publicly advertised in a newspaper having a general circulation within the Town of Manchester, Connecticut. The last advertising date shall be at least seven (7) calendar days before the date which is advertised for the opening of bids.

14. Copies of all bid documents shall be made available to all interested persons for a fee to be determined by the Purchasing Authority which fee will be refundable at the discretion of the Purchasing

Authority upon return of said documents.

15. Alternate bids shall not be accepted unless otherwise specified in the bid documents.

16. Any act or acts of misrepresentation or collusion shall be a basis for disqualification of any bid or bids submitted by such persons guilty of said misrepresentation or collusion. In the event that the Town enters into a contract with any Bidder who is guilty of misrepresentation or collusion and such conduct is discovered after the execution of said contract, the Town may cancel said contract without incurring liability, penalty or damages.

17. In the event that any Bidder wishes to protest the potential award of a bid or any procedure or act in the advertising or soliciting of bids, said Bidder must make said protest in writing which shall state the reason therefor and request a conference with respect thereto. Said protest must be received by the

Town Purchasing Department within five (5) business days after the Bid Opening.

18. A conference with respect to said protest shall be scheduled by the Purchasing Authority forthwith and shall be attended by the Purchasing Authority or the Purchasing Authority's designee, and such other persons as the Purchasing Authority and the General Manager shall be required to attend. The subject matter of said conference shall be limited to the reasons for the protest specified in the written request for said conference. Said conference shall also include a discussion of all possibilities for a resolution of a dispute. The Town shall make a decision in writing within three (3) business days after said conference and forward the same to the protesting Bidder forthwith.

19. In the event that any protesting Bidder wishes to take legal action against the Town, he must first fully comply with all of these Rules and Regulations, including those which have been charged by the

Purchasing Authority pursuant to paragraph 1 herein.

20. Except for special instructions inserted in special contracts by the Purchasing Authority pursuant to paragraph 1 herein, in the event of any conflicts between these Rules and Regulations and the terms and conditions of any bid document, these Rules and Regulations shall prevail.

21. All awards of Bids shall be made by the Purchasing Authority.

22. These Rules and Regulations, as revised, shall be effective as of June 23, 1993.

Revised:

April 14, 1981

March 13, 1984

August 1, 1989

June 23, 1993

2.2. STANDARD INSTRUCTIONS TO BIDDERS - CONSTRUCTION CONTRACTS

These instructions are standard for all proposals issued by the Town of Manchester, Connecticut, for construction contracts of all types where a contractor is to furnish labor, materials and necessary equipment to complete work as outlined in the Contract Drawings and Specifications. The Town of

Manchester may add to, delete, supersede or modify any of the instructions herein for a particular contract by indicating such changes in the section entitled "Special Instructions to Bidders."

1. Deposit on Contract and Drawings

A non-refundable fee of $10.00 in cash or check payable to the Town of Manchester, Connecticut, shall be required on each paper set of Contract Drawings and Specifications taken.

2. Preparation of Bid

Each bid must be submitted via the Town's eProcurement Portal. All blank spaces for bid prices must be filled in.

3. Conditions of Work

Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material, equipment, tools, labor and incidentals necessary to carry out the provisions of this

Contract. Insofar as possible the Contractor, in carrying out his Work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

4. Information Not Guaranteed

All information given in the Contract Drawings and Specifications, or in the other documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures are from the best sources at present available to the Town. All such information is furnished only for the information and convenience of bidders and is not guaranteed.

It is agreed and understood that the Town does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes, or other structures encountered during construction will be the same as those indicated in the Contract Drawings and Specifications or in the other documents. It is further agreed and understood that no bidder or contractor shall use or be entitled to 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 Town, arising from or by reason of any variance 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 Documents.

5. Laws and Regulations

The bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full.

6. Obligation of Bidder

At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Drawings and Specifications (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall, in no way, relieve any bidder from any obligation in respect to his bid.

7. Addenda and Interpretations

No interpretation of the meaning of the Contract Drawings and Specifications or other pre-bid documents will be made to any bidder orally. All information given to bidders other than by means of the Contract Drawings and Specifications, or by addenda, as described below, is given informally and shall not be used as the basis of a claim against the Town.

Every request for such interpretation should be submitted via the Q&A section of the Town's eProcurement Portal before 4:00 pm on Friday, May 17, 2024. Any and all such interpretations and any supplemental instructions will be in the form of written addenda. For bidders who have purchased paper sets of contract documents from the Purchasing Department, please note that the addenda will only be posted on the Town’s eProcurement Portal. For bidders who obtain the documents from a source other than the Purchasing Department, please note that you must subscribe via the Town’s eProcurement Portal to submit a bid. No other method of bid submission will be accepted.

No addendum will be issued less than three (3) days prior to the date fixed for the opening of bids.

Bidders shall acknowledge each addendum via the City's eProcurement Portal. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.

8. Bid Security

Each bid must be accompanied by a bid bond or bank check, payable to the Town of Manchester for five percent (5%) of the total bid. In the event of a base bid/alternate bid situation, the bid bond will be for five percent (5%) of the base bid. The bond must be furnished by a surety company satisfactory to the

Town and must be a corporate surety licensed to sign surety bonds in the State of Connecticut. The

Town of Manchester will not be liable for the accrual of any interest on any certified check submitted.

Cashiers' checks made payable to the Town of Manchester will be accepted.

9. Security for Faithful Performance

Simultaneously with his delivery of the executed Contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this Contract and for the payment of all persons performing labor and materials under this Contract. The Performance Bond and the Labor and Materials

Bond shall be equal to one hundred percent (100%) of the contract price and shall be furnished within ten (10) business days of the Notice of Award or prior to the start of Work, whichever comes first. The surety on such bond or bonds shall be a duly authorized surety company qualified to do business under the laws of the State of Connecticut and satisfactory to the Town.

10. Power of Attorney

Attorneys-in-fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

11. Comparison of Bids

Bids will be compared on the basis of the quantities and unit prices stated in the FORM OF GENERAL

BID.

In the event that there is a discrepancy in the FORM OF GENERAL BID between the unit prices and the extended amount, the unit prices shall govern and the extended amount will be corrected.

The Town agrees to examine and consider each FORM OF GENERAL BID submitted in consideration of the bidder's agreements, as herein-above set forth and as set forth in the FORM OF GENERAL BID.

12. Right To Reject Bid

The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any informalities or reject any and all bids, should the Town deem it to be in the public interest to do so.

The Town may also reject bids, which in its sole judgment, are either incomplete, conditional, obscure or not responsive, or which contain additions not called for, erasures not properly initialed, alterations, or similar irregularities, or the Town may waive such omissions, conditions or irregularities.

The Town reserves the right to reject all or any part of an unbalanced bid, to eliminate any item or part of an item or increase or decrease quantities as it deems to be in its best interest or may be necessary due to budgetary limitations.

13. Qualifications of Bidder

The Town may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Town all such information and data for this purpose as the Town may request. The Town reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Town that such bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein, by the date indicated therein for completion. Conditional bids will not be accepted.

14. Ability and Experience of Bidder

No award will be made to any bidder who cannot satisfy the Town 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 Town's decision or judgment on these matters shall be final, conclusive, and binding. The Town may make such investigations as it deems necessary, and the Bidder shall furnish to the Town, under oath if so required, all such information and data for this purpose as the Town may request. The following objective criteria will be used for evaluating the qualifications of bidders:

The Bidder shall:

a) Have on its payroll or must be able to prove that it customarily employs supervisory personnel of the type qualified to perform the kind of work called for in the bid specifications.

b) Must show or be able to demonstrate (if requested) to the satisfaction of the awarding authority that it possesses the ability and capacity to successfully complete the project through the satisfactory past performance of work of a similar size, scope and comparable dollar value to that of the subject project.

The bidder shall have maintained the level of performances on such similar work continuously during the past three years and if the bidder does not have such three years as called for, then it must include in the Bidders Qualifications all acts which demonstrate the bidder’s ability and capacity to perform the work.

c) Own or possess rented or leased equipment of the type customarily required by contractors in the performance of contract work and that such equipment, if needed, is available for the job bid on.

d) Have purchased materials over the past three years from suppliers who customarily sell same in quantity to contractors.

e) Be financially responsible to perform the work bid on.

f) Be able to furnish references from architects, engineers or owners indicating that it has satisfactorily completed contract work of the nature bid on and in a timely manner, complete with exoneration evidence delays were evident.

g) Have adequate physical facilities in which and from which the work can be performed.

h) Have a record of harmonious relationships with subcontractors on prior State and/or Municipal projects or other projects where the bidder may be requested to demonstrate such harmonious relationships to the satisfaction of the awarding authority. Prompt payment to subcontractors is one factor to be considered by the awarding authority.

i) Have had a good track record of past performance on State and/or Municipal projects as concerns the quantity, timeliness, costs, cooperation and harmonious working relationship.

j) Not have been cited for three or more willful or serious violations of an OSHA or of any standard, order or regulations promulgated pursuant to such Act, during the three-year period preceding the bid, which violations were cited in accordance with the provisions of any State Occupational Safety and

Health Act or the Occupational Safety and Health Act of 1970 and which were not abated within the time fixed by the citation; which citation has not been set aside following appeal to the appropriate agency or court having jurisdiction.

k) Not have received any criminal convictions related to the injury or death of any employee in the three-year period preceding the bid.

15. Equal Opportunity

The Town of Manchester is an equal opportunity employer, and requires an affirmative action policy for all of its contractors and vendors as a condition of doing business with the Town, as per Federal

Executive Order 11246. By signing the Form of General Bid, all vendors and contractors agree to this condition of doing business with the Town and, should the Town choose to audit their compliance, the vendor agrees to cooperate fully.

16. Generic Term - AA-EEO

The Town is an Affirmative Action - Equal Opportunity Employer. The use of the term "he" referring to

Contractor is for convenience only and shall be deemed to include, when used in this document, women-business enterprises, (WBE), corporations, partnerships and sole proprietorships.

17. Non Resident Contractor Bonds and Deposits

In accordance with Connecticut Statutes Section §12-430(7)c, the Town is required to report names of nonresident (out of state) Contractors to the State of Connecticut, Department of Revenue Services

(DRS) to ensure that all applicable business taxes are being paid by Contractors. Upon award of contract in excess of $250,000, all nonresident contractors must furnish proof to the Town that they have obtained current status as a “verified contractor” with DRS.

An “unverified Contractor” with DRS must file a surety bond with DRS in an amount equal to 5% of the contract price. DRS has issued form AU-964, Surety Bond and Release, which must be used to post that bond.

Upon submission of the bond to DRS, the Contractor must promptly furnish to the Town a copy of the

Certificate of Compliance issued by the DRS. If the non-resident contractor fails to submit the bond to

DRS and to provide to the Town a Certificate of Compliance, the Town is required to withhold 5% of the total contract value and deposit it with DRS.

If you have any questions regarding these requirements, contact the State Department of Revenue

Services at telephone number (860) 541-7538 or visit their website at www.ct.gov/drs to obtain necessary publications, forms or information.

http://www.ct.gov/drs

3. GENERAL CONDITIONS FOR ALL PROJECTS

3.1. DEFINITIONS

Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings, which shall be applicable to both the singular and plural thereof:

Bid:The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the

Work to be performed.

Bidder:Any person, firm or corporation submitting a Bid for the Work.

Bonds:Bid, performance, labor and materials payment bonds and other instruments of security, furnished by the Contractor and his surety in accordance with the Contract Documents.

Change Order: A written order to the Contractor signed by the Director of Public Works of the Town or his duly authorized agent authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract.

Contract:The written Contract between the Town of Manchester (hereinafter referred to as "the Town") and the Contractor covering the Work to be performed, including the Contractor's Bid and the bonds.

Contract Date: The date on which the Contractor is directed to commence work, as indicated in the written Notice to Proceed.

Contract Documents: The signed Contract, executed bid bond, performance bond, labor and materials payment bond, Notice of Award, Notice to Proceed, Contract Drawings and Specifications, and

Modifications.

Contract Drawings: The drawings and plans which show the character and scope of the Work to be performed and which have been prepared and/or approved by the Engineer and are referred to in the

Contract Documents.

Contract Price The total monies payable to the Contractor under the Contract Documents.

Contract Specifications:The Invitation to Bid, Rules and Regulations for Competitive Bidding, Specifications Standard and Special Instructions to Bidders, Insurance and Indemnification Form, Form of General Bid, Qualifications of Bidders, Contract, Addenda (whether issued prior to the opening of Bids or the execution of the Agreement), Performance Bond Form, Labor and Materials Payment Bond Form, General Conditions, Notice to Contractor, Technical Specifications, Appendices and Exhibits.

Contract Time:The number of working days stated in the Contract Documents for the completion of the

Work.

Contractor:The person, firm or corporation with whom the Town has executed the Contract.

Day:A calendar day of twenty-four (24) hours measured from midnight to the next midnight.

Engineer Wherever in the Contract Documents the word "Engineer" is used it shall be understood as referring to the Director of Public Works acting personally or through a duly authorized representative.

Field Modification: A directive, usually verbal, for a minor change or alteration in the Work that causes no increase in Contract Price or extension of Contract Time.

Field Directive:A written directive for a change or alteration in the Work that is the result of a difference in condition between that shown on the Contract Drawings and that found in the field. Each Field

Directive will subsequently be reviewed to determine if a Change Order is warranted.

Furnish, Install, etc.: The terms "furnish," "install," "construct," "furnish and install," or any similar term contractions, unless specifically noted to the contrary, shall include all materials, equipment, tools, labor, light, power, transportation and any other incidentals required for the completion of the Work.

Inspector:The authorized representative of the Engineer or Town who is assigned to the Project or any parts thereof.

Modification:

(1) A Field Modification;

(2) A Field Directive;

(3) A Change Order;

(4) A written clarification or interpretation issued by the Engineer.

A modification may only be issued after execution of the Contract.

Notice of Award: The written notice by the Town to the apparent successful Bidder stating that, upon compliance by him with the conditions stated therein within the time specified, the Town will execute and deliver the Contract to him.

Notice to Proceed: Written notification by the Town to the Contractor indicating the date on which the

Contractor is expected to commence Work.

Project:The entire construction to be performed as provided in the Contract Documents.

Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor and which illustrate the material, equipment or some portion of the Work.

Subcontractor: An individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site.

Substantial Completion: The date, as certified by the Engineer, when the construction of the Project

Completion or a specified part thereof is sufficiently completed in accordance with the Contract

Documents, so that the Project or specified part can be utilized for the purposes for which it was intended. Work Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the Contractor under the Contract Documents, including the furnishing of all materials, equipment, tools, labor and other incidentals necessary to complete the Work.

3.2. AVAILABILITY OF LANDS

1) RIGHTS-OF-WAY

As indicated in the Contract Documents, the Town will provide, not later than the date when needed by the Contractor, rights of way for access to the lands upon which the Work is to be done, and such other lands which are designated for the use of the Contractor. Easements for permanent structures or permanent changes in existing facilities will be secured and paid for by the Town, unless otherwise specified in the Contract Documents. If the Contractor believes that any delay in the Town's furnishing these lands or providing such easements entitle him to an extension of the Contract Time, he may make a claim therefore as provided hereafter.

Temporary rights of entry giving the Contractor the right to enter upon private property will be secured by the Town for any work on private property that is shown on the Plans

2) MATERIALS AND EQUIPMENT STORAGE

The Contractor will not be allowed to store materials or equipment within Town right-of way.The

Contractor shall provide all additional lands and access thereto that may be required for the storage of materials and equipment. Evidence of agreement(s) with private property owner(s) for the storage of equipment and materials must be provided to the Town. In no case, even with the property owner’s consent, will storage of materials or equipment be allowed where such storage will impact existing sightlines at intersecting roadways.

3.3. BONDING AND INSURANCE

1) BONDING

In addition to the Bid Bond required under the “Bidding Requirements” section of these Specifications, the Contractor shall furnish a Surety Bond acceptable to the Town in an amount at least equal to 100 percent of the Contract Price as security for the faithful performance of this Contract, and for payment of all persons performing labor under this Contract and furnishing materials in connection with this

Contract. The surety on such Bond shall be a duly authorized surety company, satisfactory to the Town and authorized to do business in the State of Connecticut.

In addition, and not in lieu thereof, the Contractor, within thirty (30) days after payment to the

Contractor in the manner provided for under this Contract, shall pay any amounts due any

Subcontractor, whether for labor performed or materials furnished, when the labor or materials have been included in a requisition for payment submitted by the Contractor and paid by the Town [Conn.

Gen. Stat. Sec. 49-41a(a)(1)].

The Contractor shall include in each of its Subcontracts under this Contract, a provision requiring each of the Contractor's Subcontractors to pay any amounts due any of the Contractor's Subcontractor's

Subcontractors whether for labor performed or materials furnished, within thirty (30) days after such

Subcontractor receives a payment from the Contractor which encompasses labor or material furnished by such Subcontractor [Conn. Gen. Stat. Sect. 49-41a(a)(2)].

2) INSURANCE

The Contractor shall furnish Certificates of Insurance in accordance with the provisions indicated under the "Standard Insurance and Indemnification " section of these Specifications.

Said policy may not be canceled or coverage reduced or terms altered in any manner detrimental to the coverage, except after delivery to the Town of written notice not less than sixty (60) days prior. No cancellation provisions in any such insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish insurance during the term of this Contract.

3.4. CLAIMS

1) DEFINITION

A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the contract. The term “Claim” also includes other disputes and matters in questions between the Town and Contractor arising out of or relating to the Contract.

The responsibility to substantiate claims shall rest with the party making the Claim.

2) NOTICE OF CLAIMS

Claims by the Contractor must be initiated by written notice to the Engineer within fifteen (15) calendar days after occurrence of the event giving rise to such Claim or within fifteen (15) calendar days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.

3) CONTINUING CONTRACT PERFORMANCE

Pending final resolution of a Claim, except as otherwise agreed in writing, Contractor shall proceed diligently with performance of the Contract and the Town shall continue to make payments in accordance with the Contract Documents.

4) CLAIMS FOR ADDITIONAL COST

If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work.

5) CLAIMS FOR ADDITIONAL TIME

If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work as more fully described in the General Conditions. In the case of a continuing delay, only one Claim is necessary.

If abnormal weather conditions are the basis for a Claim for additional time, such Claim shall be documented by date substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction.

6) CLAIMS FOR CONSEQUENTIAL DAMAGES

The Contractor and Town waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes:

1. damages incurred by the Town for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and

2. damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.

This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination. Nothing contained in this herein shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.

3.5. CHANGES IN THE WORK

1) GENERAL

Without invalidating the Contract, the Town may, at any time or from time to time, order additions, deletions or revisions in the Work. These will be authorized by Field Modifications, Field Directives or

Change Orders. Upon receipt of a Field Modification, Field Directive or Change Order, the Contractor will proceed with the Work involved. All such Work shall be executed under the applicable conditions of the

Contract Documents. If any Field Order or Change Order causes an increase in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made. If any Field Order or Change Order causes a decrease in the Contract Price, the Town shall be entitled to a credit as calculated by the provisions in this Section and may include a shortening of the Contract Time.

(a) The Engineer may authorize minor changes or alterations in the Work which do not involve extra cost or are not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Modification. If the Contractor believes that any minor change or alteration authorized by the

Engineer entitled him to an increase in the Contract Price or an extension of Contract Time, he may make a Claim as provided in the General Conditions.

(b) Additional Work performed by the Contractor without authorization of a Field Modification, Field

Directive or Change Order may not entitle him to an increase in the Contract Price or an extension of the

Contract Time except in the case of an emergency or other extenuating circumstances as provided in these General Conditions. In emergencies or other extenuating circumstances, payment shall be handled on an individual basis, as determined by the Engineer, in accordance with these Contract Documents.

(c) It is the Contractor's responsibility to notify his Surety of any changes affecting the general scope of the Work, changes in the Contract Price or any other changes that require consent of the Surety. The

Contractor will furnish proof of consent by the Surety to any such changes. The Contractor will indemnify and save harmless the Town from all damages, losses and expenses, including attorney’s fees, incurred by the Town as a result of denial of liability or delay of performance by the Contractor's Surety with respect to any changes in the Work as herein provided.

Once the parties execute a Change Order with respect to any matter, the Contractor shall not be entitled to any change or any Claim for a change, schedule extension or variation or Modification of any other item that was included in such Change Order.

2) CHANGES TO CONTRACT TIME

The Contract Time may only be changed by a Change Order. . Any change in the Contract Time resulting from any such Claim shall be incorporated in a Change Order. In the event the Contractor fails to submit a Claim for an extension in the Contract Time in the time period specified in the Contract Documents, Contractor shall be deemed to have waived the right to any change or any other relief.

The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor if he makes a Claim therefor as provided in paragraph above. Such delays shall include, but not be restricted to, acts of neglect by any separate Contractor employed by the Town, or Force

Majeure Excused Event.

All time limits stated in the Contract Documents are of the essence of the Contract. The provisions of this article shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party.

It is the Contractor's responsibility to notify his Surety of any extension in the Contract Time. The

Contractor will furnish proof of consent by the Surety to any such extension. The Contractor will indemnify and save harmless the Town from all damages, losses and expenses, including attorney’s fees incurred by the Town as a result of denial of liability or delay of performance by the Contractor's Surety with respect to any changes in the Work as herein provided.

In support of any request for an extension of the contract Time, Contractor must demonstrate to the reasonable satisfaction of Town that the critical path of the Project Schedule was delayed. Contractor shall be entitled to an increase in the Contract Time for the number of days that the critical path was delayed solely as a result of the compensable or excusable event. Contractor shall compare the critical path of the Project Schedule to the actual critical path of the Work, identifying the specific impact of the compensable or excusable event. Contractor shall submit to the Town a written time impact analysis illustrating the influence of each compensable or excusable event on the Date of Substantial

Completion. Each time impact analysis shall include a fragmentary network (network analysis) demonstrating how the Contractor proposes to incorporate the delay into Project Schedule. The time impact analysis shall demonstrate the time impact based on the date of the delay in time and the event time computation of all affected activities.

3) CHANGES TO CONTRACT PRICE

The value of any Change in Work covered by a Field Directive/Change Order that results in an increase in the Contract Price or credit to the Town shall be determined in one of the following ways:

(1) By application of unit prices to the quantities of the items involved when the Work involved is covered by unit prices contained in the Contract Documents

(2) By mutual acceptance of a lump sum.

(3) By the actual cost of the Work and a fixed amount for overhead and profit.

a) Costs shall only include labor (payroll, payroll taxes, fringe benefits, workmen's compensation, etc.), materials, equipment, tools and other incidentals directly related to the Work involved. In such case, the

Contractor will submit, in form prescribed by the Engineer, an itemized cost breakdown together with supporting data. The maximum percentage which shall be allowed for Contractor's combined overhead and profit shall be as follows:

1) For all such Work done by his own organization, the Contractor may add up to fifteen percent (15%) of his actual net increase in costs, and

2) For all such Work done by Subcontractors, each Subcontractor may add up to ten percent (10%) of his actual net increasein costs for combined overhead and profit, and the Contractor may add up to five percent (5%) of the Subcontractor's net increasein costs for his combined overhead and profit. No overhead or profit shall be allowed on costs incurred in connection with premiums for public liability insurance or otherwise special insurance directly related to such Work.

3) When determining the amount of credit to the Town for any change which results in a decrease in costs, said credit will be determined by the Engineer. The actual cost of the Work described above minus any credits shall be the net increase in costs used to determine combined overhead and profit.

3.6. CONTROL OF THE WORK AREA

1) GENERAL HOUSEKEEPING

The Contractor will keep the Work area free from accumulations of waste materials, rubbish and other debris resulting from the Work and legally dispose of same, and at the completion of the Work he will remove all waste materials, rubbish and debris from and about the premises and legally dispose of same, as well as all tools, construction equipment and machinery, and surplus materials. He will leave the site clean and ready for occupancy by the Town.

2) DUST CONTROL

During the progress of the Work, the Contractor shall conduct his operations and maintain the area of his activities so as to minimize the creation and dispersion of dust. If the Town determines that it is necessary to use water or calcium chloride for more effective dust control, the Contractor shall furnish and spread the materials, as directed. If there is no direct method of payment specified elsewhere in the contract documents, this Work will be performed without additional compensation.

3) MAINTENANCE OPERATIONS

The Contractor must accommodate routine and emergency maintenance operations performed by the

Town (i.e. refuse pickup, leaf collection, snow plowing, etc.) within the Work area.

4) SANITARY PROVISIONS

The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of its employees as may be necessary to comply with the regulations and requirements of the State

Department of Public Health.

3.7. COORDINATION

1) WITH OTHER WORK

The Town may award other contracts in the vicinity of the Work which may proceed simultaneously with the execution of this Contract. The Contractor shall perform his Work, causing as little interference with other Contractors, so far as circumstances will permit. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their

Work, and shall properly connect and coordinate his Work with theirs.

Wherever Work being done by the Town of Manchester's forces or by other Contractors is contiguous to

Work covered by this Contract, the respective rights of the various interests involved shall be established by the Engineer, to secure the completion of the various portions of the Work in general harmony.

2) WITH UTILITY COMPANIES

At least two full days, excluding Saturdays, Sundays and holidays, but not more than thirty days before commencing excavation, the Contractor shall call the telephone number 1-800-922-4455 (Call Before

You Dig) to allow notification of utilities. The Contractor shall be responsible for coordinating his own work and that of his Subcontractors with any and all utilities in the work area.

The Contractor shall be responsible to coordinate all construction activities with the appropriate utilities. Where the Engineer determines that the relocation or adjustment of public or private utilities is dependent upon the performance of certain contract requirements, the Contractor shall perform these operations within a reasonable length of time.

The Contractor shall schedule his operations in such a manner as to minimize interference with the operation of the forces of utility companies or the Town in effecting the installation of new facilities as shown on the plans or relocation of their existing facilities. The Contractor shall consider in his bid all permanent and temporary utility appurtenances in their present or relocated positions and installation of new facilities as required for the project; and no additional compensation will be made for delays, inconvenience or damage sustained by him due to interference form the above-noted utility appurtenances or the operation of installing or moving them.

The Contractor shall be responsible to support all utility poles in the vicinity of excavations necessary to perform work under this project. The Contractor must obtain all approvals required by the custodian of the utility pole, and coordinate all work. There will be no direct payment for the support of utility poles.

3.8. ENGINEER’S CONTROL

1) GENERAL

In the performance of the Work, the Contractor shall abide by all orders, directions and requirements of the Engineer and shall perform all Work to the satisfaction of the Engineer and, at such time and places, by such methods and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the Work, shall interpret the Contract

Documents and Modifications and shall decide all other questions in connection with the Work.

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

The Town shall issue all communications to the Contractor through the Engineer.

The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto; and he will notbe responsible for the Contractor's failure to perform the Work in accordance with the Contract

Documents.

The Engineer will notbe responsible for the acts or omissions of the Contractor or any Subcontractors, or any of his or their agents, servants or employees, or any other persons at the site or otherwise performing any of the Work.

2) AUTHORITY AND DUTIES OF THE INSPECTOR

Inspectors employed by the Town shall be authorized to inspect all Work done and material furnished.

Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the Work, the Inspector shall have authority to reject material or suspend the Work until the question at issue can be referred to and decided by the Engineer.

The Inspector shall notbe authorized to revoke, alter, enlarge, relax or release any requirements of the

Contract Drawings and Specifications, nor to approve or to accept any portion of the Work, nor issue instructions contrary to the Contract Drawings and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor, or interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no circumstance be construed as binding the Town in any way nor releasing the Contractor from fulfillment of the terms of the

Contract.

3.9. INSPECTION, TESTING, AND CORRECTION OF THE WORK

1) GENERAL

All materials and each part or detail of the work shall be subject at all times to inspection by the

Engineer. The Engineer shall be allowed unhindered…