ON-CALL_MATERIALS_TESTING_SERVICES_(Addendum_#1_Revision).pdf

INVITATION TO BID

24/25-40

ON-CALL MATERIALS TESTING SERVICES

Town of Manchester

Lincoln Center

Manchester, CT 06040

RELEASE DATE: December 18, 2024

DEADLINE FOR QUESTIONS: January 7, 2025

RESPONSE DEADLINE: January 9, 2025, 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

24/25-40

ON-CALL MATERIALS TESTING SERVICES

Table of Contents

1. INTRODUCTION

2. BIDDING REQUIREMENTS

3. STANDARD INSURANCE & INDEMNIFICATION

4. LIVING WAGE ORDINANCE

5. GENERAL CONDITIONS FOR ALL PROJECTS

6. PROJECT SPECIFIC REQUIREMENTS

7. VENDOR SUBMISSIONS

8. FORM OF GENERAL BID

Appendices

A - Town of Manchester 2025 Holiday Calendar

C - Town of Manchester Contract (Blank)

Invitation To Bid #24/25-40 Title: ON-CALL MATERIALS TESTING SERVICES

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. 24/25-40 ON-CALL MATERIALS

TESTING SERVICES. Bids will be accepted via the Town's eProcurement Portal until 2:00 pm on Thursday, January 9, 2025 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 materials testing services frequently used on public works construction projects. This is an on-call contract, i.e. services are to be provided on an as-needed basis when requested by the Town.

1.3. Contact Information

Cora Narracci

Purchasing Agent

494 Main Street

Purchasing Division

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 December 18, 2024

Question Submission Deadline January 7, 2025, 4:00pm

Question Response Deadline January 8, 2025, 4:00pm mailto:cnarracci@manchesterct.gov tel:(860)647-3033

Bid Opening January 9, 2025, 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 Thursday, January 9, 2025 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 Tuesday, January 7, 2025. 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. STANDARD INSURANCE & INDEMNIFICATION

3.1. GENERAL CONDITIONS:

Within ten (10) business days of the award or notice, or prior to the start of work, whichever comes first, the contractor will provide, pay for, and maintain in full force and effect the insurance outlined here for coverage’s at not less than the prescribed minimum limits of liability. Such coverage is to remain in force during the life of the contract and for such additional time as may be required, and will cover the contractor/ independent insured’s activities, those of any and all subcontractors, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Any failure to comply with reporting requirements and provisions of the policies shall not affect coverage provided to Town, its officers, officials, agents, or employees.

A.

Certificates of Insurance: The contractor will give the owner a certificate of insurance completed by a duly authorized representative of their insurer certifying that at least the minimum coverage’s required here are in effect and specifying that the liability coverage’s are written on an occurrence (or claims-made where applicable) form and that the coverage’s will not be canceled, non-renewed, or materially changed by endorsement or through issuance of other policy(ies) of insurance without sixty (60) days advance written notice to the Purchasing Division. Failure of the owner to demand such certificate or other evidence of full compliance with these insurance requirements or failure of the owner to identify a deficiency from evidence provided will not be construed as a waiver of the contractor’s obligation to maintain such insurance. Any failure to comply with reporting requirements and provisions of the policies shall not affect coverage provided to Town, its officers, officials, agents, or employees.

B.

Insurer Qualification: All insurance will be provided through companies authorized to do business in the

State of Connecticut and considered acceptable by the owner. Insurance Companies shall maintain a minimum A.M. Best rating of A-/VIII.

C.

Additional Insured: The policy or policies providing insurance as required, with the exception of professional liability and workers’ compensation, will defend and include the owner, directors, officers, representatives, agents and employees, and where applicable owner’s architects or engineers, as additional insureds on a primary and noncontributory basis for work performed under or incidental to this contract.

D.

Retroactive Date and Extended Reporting Period: Coverage, whether written on a claims made or occurrence basis, shall be maintained without interruption from the date of commencement of the

Work until date of final payment and then extended for an additional three (3) years from date of final payment.

If any insurance required here is to be issued or renewed on a Claims Made form as opposed to an

Occurrence form, the retroactive Date for coverage will be no later than the commencement date of the project. The Claims Made form will have an Extended Reporting Period of three years from the date of project completion. All Claims made policies cancelled or non-renewed and not replaced by a subsequent claims made policy will have an Extended Reporting period of three years from the date of cancellation or non-renewal.

E.

Subcontractors’ Insurance: The contractor will require each subcontractor hired by and/or employed by contractor to purchase and maintain insurance of the types specified below. When requested by the owner, the contractor will furnish copies of certificates of insurance evidencing coverage for each subcontractor.

F.

Waiver of Subrogation: The contractor/subcontractor will purchase required insurance policies that shall be endorsed with a waiver of subrogation and all rights of recovery in favor of the Town, its officers, officials, agents and employees. The contractor will require of subcontractors, by appropriate written agreements, similar waivers each in favor of all parties enumerated in this section.

G.

Indemnification/Defense/Hold Harmless: To the extent provided by law, the contractor shall indemnify, defend, and hold harmless the owner, officers, officials, agents and employees, and if applicable, the engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees of counsel selected by the owner, arising out of or resulting from the performance of the work and /or the supplying of materials, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omission of the contractor/ insured, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not they are caused in part by a party indemnified hereunder.

3.2. INSURANCE LIMITS AND COVERAGE:

A.

To the extent applicable, the amounts and types of insurance will conform to the minimum terms, conditions, and coverages of Insurance Services Office (ISO) policies, forms, and endorsements.

B.

If the contractor has self-insured retention’s or deductibles under any of the following minimum required coverage’s, the contractor must identify on the certificate of insurance the nature and amount of such self-insured retention’s or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be the contractor/ independent insured’s sole responsibility.

C.

Workers’ Compensation Insurance: With respect to all operations the Contractor performs and all those performed for it by subcontractors, the Contractor shall carry, and require each subcontractor to carry

Workers’ Compensation insurance as required by the laws of the State of Connecticut.

Employer’s Liability insurance shall be provided in amounts not less than:

• $500,000 per accident for bodily injury by accident,

• $500,000 policy limit by disease; and

• $500,000 per employee for bodily injury by disease.

D.

Commercial General Liability Insurance: With respect to the operations the Contractor performs and also those performed for it by subcontractors, the Contractor shall carry, and require each subcontractor to carry, Commercial General Liability insurance, including Contractual Liability, Products and Completed Operations, Broad Form Property Damage and Independent Contractors in an amount not less than $1,000,000 combined single limit, per occurrence, and $2,000,000 aggregate. Owner shall be included as additional insured. Per project aggregate to apply.

Notes:

•If underground work is to be undertaken, each policy shall have coverage for and exclusions removed for “Explosion, Collapse and Underground” (“XCU”) hazards.

•Should blasting be required, all necessary permits for the use of explosives shall be obtained by the contractor or insured from the Fire Marshall.

E.

Automobile Liability Insurance: The Contractor shall obtain automobile liability insurance with a minimum limit of $1,000,0000 combined single accident, covering the operation of all motor vehicles, including those hired or borrowed, that are used in connection with the Project for all damages arising out of bodily injury to or death of all persons and/or injury to or destruction of property. This policy shall not be subject to an annual aggregate limitation.

F. Umbrella/Excess Coverage: contractor shall purchase and maintain umbrella/excess liability insurance with a limit of not less than $1,000,000 per occurrence/aggregate, covering all lines of insurance required by this contract. This coverage is required to sit above the underlying General Liability, Automobile Liability and Employer Liability part of the Workers Compensation policies. Depending on the scope and size of risk of the work to be performed, higher limits of coverage may be required.

G.

Owner’s and Contractor’s Protective Liability Insurance for and in the Name of the Town and/or State:

With respect to the Contractor’s operations and also those of its subcontractors, the Contractor shall carry, for and on behalf of the Town and/or State for each accident or occurrence resulting in damages from bodily injury to or death of persons and/or injury to or destruction of property, with a minimum of

$1,000,000 per occurrence.

Other Insurance Coverage That May Be Required:

• Professional Liability: Not less than $1,000,000 per claim and aggregate to be maintained for the duration of the agreement and three years following its termination. This insurance requirement applies when a contractor has a professional designation or license and/or is providing professional services.

The minimum limit for architects and engineers is $1,000,000 per claim and in the aggregate and may be increased depending upon the nature of the services to be provided to Owner.

• Cyber Risk Insurance: Not less than $1,000,000 per cyber incident to be maintained for the duration of the agreement and three years following its termination. This insurance requirement applies when a third party will be using, storing, or accessing private, confidential or protected information.

• Environmental Liability: Not less than $1,000,000 per claim and in the aggregate. This insurance requirement applies when a contractor will be performing environmental clean-up work

(decontamination/remediation), will be working with hazardous substance or waste, or may have similar such exposures while performing work under the proposed agreement. Higher limits of environmental liability coverage may be required depending upon the scope of work.

** Exceptions to the above requirements are subject to the sole discretion of the Town of Manchester

Version 4.2.2024

4. LIVING WAGE ORDINANCE

4.1. Living Wage Ordinance

This contract is subject to provisions of the Town of Manchester Living Wage Ordinance. A summary description of the ordinance and the certification form is attached. Bidders are asked to indicate on the attached Certification Form if your firm would be considered a covered employer. The Certification Form shall be returned to the Town with the proposal.

4.2. Summary Description for Vendors Regarding Manchester’s Living Wage Ordinance

Effective February 1, 2010, the Town of Manchester adopted a living wage ordinance. This Summary

Description is designed to provide any vendor bidding on a Town of Manchester contract with the key provisions of that ordinance. It does not contain the full ordinance.

LIVING WAGE REQUIREMENT:

The ordinance requires that companies awarded service contracts by the Town of Manchester exceeding $25,000 in any one fiscal year pay their Eligible Employees a living wage. Companies considered Covered Employers subject to this requirement are defined below. The Town of Manchester has determined that the contract resulting from this bid or Request for Proposals will be subject to the ordinance if the total contract value is $25,000 or more in any one fiscal year.

The living wage is currently calculated to be $17.25 per hour for employees that are provided comprehensive health care benefits, or $25.46 per hour for employees that are not provided comprehensive health care benefits.

The living wage and health benefit requirements are adjusted annually each July, effective July 1, 2010.

Companies will be required to pay the applicable living wage rate in effect during the term of their contracts.

COVERED EMPLOYERS AND EXEMPTIONS:

The ordinance requires that Covered Employers pay the living wage rate. Certain employers are excluded from paying the living wage rate. They are as follows:

Non-profit organizations as defined by the ordinance, and

Entities that employ less than 25 eligible employees.

ELIGIBLE EMPLOYEES:

Eligible employees are all permanent, full time employees of the company (defined as a normal work week of at least 30 hours), working in the State of Connecticut, not just those working on the Town contract. The following are not considered eligible employees for the purposes of the living wage requirement:

Employees with a normal work week of less than 30 hours.

Seasonal or temporary employees.

Employees under the age of 18.

Employees hired as part of a school-to-work program.

Students who serves in a work-study program or as an intern.

Trainees participating for not more than six months in a training program.

Employees enrolled in a governmentally funded vocational rehabilitation program.

Volunteers working without pay.

Employees exempted under Section 14(c) of the Fair Labor Standards Act due to disabilities.

Any person whose wage rate is subject to a federal or State of Connecticut statute or regulation mandating a prevailing wage rate.

EMPLOYER OBLIGATIONS:

Covered Employers are required to do the following pursuant to the ordinance.

Certify with the submission of their bid or proposal a) that they will pay the required living wage to eligible employees if awarded a contract, or b) that they are exempt from requirements of the ordinance, Upon award, covered employers shall provide the Town a sworn affidavit affirming that all eligible employees of the covered employer working in the State of Connecticut are receiving the living wage and health benefits required by this ordinance.

This sworn affidavit shall be provided thereafter on an annual basis within 30 days of a request being made by the Town if the duration of the contract exceeds one (1) year.

Notify their employees of their rights under the Living Wage Ordinance by posting a copy of the ordinance and other materials prepared by the Town of Manchester in locations where employees will see them.

Make best efforts to attempt to hire residents of the Town of Manchester for all new positions which result from a service contract subject to the ordinance.

PROHIBITED PRACTICES:

Covered Employers cannot decrease non-wage benefits (such as insurance, vacation, or pension) as a means of complying with the living wage requirements.

Covered Employers cannot retaliate or discriminate against any employee for making a complaint against the covered employer regarding compliance with living wage requirements.

ENFORCEMENT:

The Town may enforce the provisions of this ordinance by the imposition of fines, suspension of contract or declaring the Covered Employer ineligible for future contracts.

WAIVERS:

The ordinance provides for the waiver of certain requirements in the ordinance. However, no waivers will be considered until the bidding process has been completed and a contract has been awarded.

Requests for waivers must be made by the Covered Employer, in writing, to the General Manager. The

General Manager shall submit the waiver request to the Board of Directors, which shall have the sole discretion as to whether it is granted.

The above is intended to be a summary of the requirements of the living wage ordinance as they affect covered employers and is provided for informational purposes only. Employers should read the entire

Living Wage Ordinance. It can be found online at www.townofmanchester.org on the left side of the page. Click on Document Center, scroll to General Services and click on Living Wage Ordinance.

5. GENERAL CONDITIONS FOR ALL PROJECTS

5.1. 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.

5.2. 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.

5.3. 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.

5.4. 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…