town of mansfield - biznet.ct.gov · division 23 – hvac section 23 0400 general conditions for...

TOWN OF MANSFIELD

Department of Parks and Recreation Community School for the Arts

Request For Proposal (RFP)

Eagleville Schoolhouse Renovations

Submission Deadline:

2:00 p.m., September 17, 2018

Submission Contact and Address:

Office of the Director of Finance

Finance Department

4 South Eagleville Road

Mansfield, Connecticut 06268

www.mansfieldct.gov

http://www.mansfieldct.gov/

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Project Directory 1.1 OWNER REPRESENTATIVE

TOWN OF MANSFIELD Curt A. Vincente, Director Mansfield Parks and Recreation 10 South Eagleville Road Storrs/Mansfield, Connecticut 06268 Tel: (860) 429-3015 ext. 6109 Email: [email protected]

1.2 DESIGN PROFESSIONALS ON RECORD

ARCHITECT Cheryl Newton, AIA Cheryl Newton Architects LLC 2400 Main Street Glastonbury, CT 06033 Tel: (860) 633-2477 Email: [email protected]

CIVIL Paul Magyar, PE ENGINEER Lenard Engineering Inc.

2210 Main Street Glastonbury, CT 06033 Tel: (860) 659-3100 Email: [email protected]

STRUCTURAL Charles C. Brown, PE ENGINEER Gibble, Norden, Champion, Brown

130 Elm Street Old Saybrook, CT 06475 Tel: (860) 388-1224 Email: [email protected]

MEP ENGINEER Derek Bride, PE Consulting Engineering Services 811 Middle Street Middletown, CT 06457 Tel: (860) 632-1682 Email: [email protected]

LANDSCAPE Peter Miniutti, LA ARCHITECT The Miniutti Group, LLC

11 Storrs Height Road Storrs, CT 06033 Tel: (860) 428-0924 Email: [email protected]

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

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TABLE OF CONTENTS

1.0 INSTRUCTIONS TO BIDDERS 1.01 Time for Opening Bids 1.02 Pre-bid Conference 1.03 Preparation of Proposals 1.04 Submission of Proposals 1.05 Cost of Bid Preparation 1.06 Bid Security 1.07 Familiarity with the Work 1.08 Addenda and Interpretations 1.09 Samples 1.10 Anti-Discrimination 1.11 Applicable Law 1.12 Interpretation of Bids 1.13 Interpretation – Parol Evidence 1.14 Delivery 1.15 Award of Contract 1.16 Best Customer Preferential Pricing 1.17 Certification 1.18 Clayton Act Assignment of Rights 1.19 Contract 1.20 Contract Amendments 1.21 Gratuities 1.22 Insurance 1.23 Indemnification 1.24 Law of Waiver 1.25 Licenses 1.26 Public Record 1.27 Property Tax Assessment 1.28 Provisions Required by Law 1.29 Relationship of Parties 1.30 Rights and Remedies 1.31 Severability 1.32 Subcontracts 1.33 Submission of Invoices 1.34 Toxic Substances 1.35 Vendor Warranty

2.0 BID FORMS Bid Proposal Form Attachment A – Insurance Requirements Attachment B – Questionnaire Concerning Occupational Health & Safety Attachment C – Certification of Non-Collusion Attachment D – Summary of Work Experience Attachment E – Sample AIA Contract Documents Attachment F – Prevailing Wage Rates

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3.0 TECHNICAL SPECIFICATONS / DETAILS

DIVISION 1 - GENERAL REQUIREMENTS

Section 01 1100 Summary of Work Section 01 1419 Use of Site Section 01 2663 Change Orders Section 01 2900 Payment Procedures Section 01 3119 Project Meetings Section 01 3300 Submittal Procedures Section 01 4110 Regulatory Requirements Section 01 4200 References Section 01 4000 Quality Control Procedures Section 01 6000 Product Requirements Section 01 7700 Close Out Procedures Section 01 7823 Operation and Maintenance Manuals

DIVISION 2 - SITE CONSTRUCTION

Section 02 4119 Selective Demolition

DIVISION 3 - CONCRETE

Section 03 3000 Cast-In-Place Concrete

DIVISION 4 - MASONRY

Section 04 0100 Masonry Restoration

DIVISION 5 - METALS

Not Used

DIVISION 6 - WOOD AND PLASTICS

Section 06 1000 Rough Carpentry Section 06 4016 Plastic Laminate Wood Cabinets Section 06 4023 Interior Architectural Woodwork Section 06 6500 Exterior Synthetic Trim

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

Section 07 2100 Building Insulation Section 07 2726 Vapor Retarder Section 07 3100 Asphalt Shingles Section 07 4679 Poly-Ash Siding Section 07 9200 Joint Sealants

DIVISION 8 - DOORS AND WINDOWS

Section 08 1416 Flush Wood Doors Section 08 1433 Stile and Rail Wood Doors Section 08 3113 Access Doors and Frames Section 08 5231 Aluminum Clad Wood Windows Section 08 7113 Door Hardware Section 08 8111 Interior Glazing

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DIVISION 9 - FINISHES

Section 09 2100 Gypsum Plaster Section 09 2900 Gypsum Board Assemblies Section 09 3000 Tile Section 09 5111 Acoustical Ceilings Section 09 6513 Resilient Base and Accessories Section 09 6816 Carpeting

DIVISION 10 - SPECIALTIES

Section 10 1400 Interior Signs Section 10 1420 Dimensional Letter Signage Section 10 2115 Toilet Compartments Section 10 2800 Toilet Accessories Section 10 4400 Fire Protection Specialties

DIVISION 11 - EQUIPMENT

Not Used

DIVISION 12 - FURNISHINGS

Section 12 2413 Roller Shades

DIVISION 13 - SPECIAL CONSTRUCTION

Not Used

DIVISION 14 - CONVEYING SYSTEMS

Not Used

DIVISION 22 - PLUMBING

Section 22 0402 General Conditions for Plumbing Section 22 0502 Common Work Results for Plumbing Section 22 0505 Pipes and Tubes for Plumbing Piping Equipment Section 22 0515 Common Motor Requirements for Plumbing Equipment Section 22 0518 Expansion Fittings and Loops for Plumbing Piping Section 22 0531 Hangers and Supports for Plumbing Piping and Equipment Section 22 0550 Vibration and Seismic Controls for Plumbing Piping and Equipment Section 22 0555 Identification for Plumbing Piping and Equipment Section 22 0702 Plumbing Insulation Section 22 1102 Facility Water Distribution and Plumbing Specialties Section 22 3002 Plumbing Specialties Section 22 3300 Electric Domestic Water Heaters Section 22 4002 Plumbing Fixtures

DIVISION 23 – HVAC

Section 23 0400 General Conditions for Mechanical Trades Section 23 0500 Common Work Results for HVAC Section 23 0513 Common Motor Requirements for HVAC Equipment Section 23 0523 General Duty Valves for HVAC Piping Section 23 0529 Hangers and Supports for HVAC Piping

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Section 23 0548 Vibration and Seismic Controls for HVAC Piping and Equipment Section 23 0553 Identification for HVAC Piping and Equipment Section 23 0593 Testing Adjusting and Balancing Section 23 0700 HVAC Insulation Section 23 2113 Hydronic Piping Section 23 3100 HVAC Ducts and Casings Section 23 3300 Air Duct Accessories Section 23 3400 HVAC Fans Section 23 3700 Air Outlets and Inlets Section 23 4000 HVAC Air Cleaning Devices Section 23 5400 Furnaces Section 23 8200 Convection Heating Units

DIVISION 26 - ELECTRICAL

Section 26 0400 General Conditions for Electrical Trades Section 26 0519 Building Wire and Cable Section 26 0526 Grounding and Bonding Section 26 0529 Hangers and Supports Section 26 0533 Raceway and Boxes Section 26 0553 Electrical Identification Section 26 0923 Lighting Control Devices Section 26 2416 Panelboards Section 26 2726 Wiring Devices Section 26 2819 Enclosed Switches Section 26 5100 Interior Lighting Section 26 5600 Exterior Lighting

DIVISION 28 – FIRE PROTECTION

Section 28 3100 Fire Alarm

4.0 DRAWING INDEX

COVER

1 of 6 Location Map 2 of 6 Property / Boundary Survey 3 of 6 Topographic Study 4 of 6 Proposed Site Plan 5 of 6 Site Details 6 of 6 Site Details

L.1 Green Infrastructure Plan L.2 Green Infrastructure Details

A0.1 Code Information Sheet A1.0 Demolition Plan & Foundation Plan A1.1 Floor Plan & Roof Plan A1.2 Attic Floor Plan A2.1 Reflected Ceiling Plan

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A3.1 East & West Exterior Elevations A3.2 North & South Exterior Elevations A4.1 Building Sections A5.1 Wall Sections & Exterior Details A6.1 Finish Schedule & Typical Wall Type Details A7.1 Interior Elevations, Bathroom Plans, & Sections A8.1 Door Details & Schedules A8.2 Window Details & Schedules

S1.1 Foundation and Slab on Grade S1.2 Roof Framing Plan S1.3 General Notes and Typical Details

MEP.1 Site Utility Plan

P1.1 Plumbing Plan P5.1 Plumbing Details P6.1 Plumbing Schedules

M0.1 Mechanical Notes & Legend M1.1 Mechanical Ductwork Floor Plan M1.2 Mechanical Ductwork Attic Plan M5.1 Mechanical Details M6.1 Mechanical Schedules & Diagrams

EL1.1 Electrical Lighting Floor Plan EL1.2 Electrical Lighting Attic Plan EP1.1 Electrical Power Floor Plan EP1.2 Electrical Power Attic Plan

E5.1 Electrical Details E5.2 Electrical Details E5.3 Electrical Details E6.1 Electrical Schedules E7.1 Electrical Specifications

DRAWINGS DATED July 31, 2018

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INSTRUCTIONS TO BIDDERS

TOWN OF MANSFIELD MANSFIELD, CONNECTICUT 06268

Eagleville Schoolhouse Renovations and Addition Mansfield Department of Facilities Management

1.01: TIME FOR OPENING BIDS

All bids must be in a sealed envelope and received prior to 2:00 p.m., Monday, September 17, 2018, at the Office of the Director of Finance, 4 South Eagleville Road, Mansfield, Connecticut 06268. Proposals received after that time will not be considered. Submissions shall be reviewed by staff. Submittals may be withdrawn 90 days after opening, if no award has been made.

1.02: PREBID CONFERENCE

A mandatory pre-bid walkthrough will be held at 10:00 a.m., Wednesday, August 29, 2018, at the Town Hall, 4 South Eagleville Road, Mansfield, Connecticut, 06268. The project scope, site, and conditions will be reviewed and discussed. Please notify the Parks & Recreation Office via email at [email protected] or phone at 860-429-3015 if you will be attending.

1.03: PREPARATION OF PROPOSALS

Proposals must be made upon forms contained herein. The blank spaces in the Proposal must be filled in correctly where indicated. The Bidder must state the prices for which he proposes to do each item of the work contemplated. In case of discrepancy where both words and the numerals are requested, the words shall govern. Ditto marks are not considered writing or printing and shall not be used. The Bidder shall sign his Proposal correctly. If the Proposal is made by an individual, his name, post office address and telephone number must be shown. If made by a firm, partnership, or corporation, the Proposal must be signed by an official of the firm, partnership, or corporation authorized to sign contracts, and must show the post office address and telephone number of the firm, partnership, or corporation. Failure to do so may disqualify the bid.

The bidder shall insert the price per stated unit and the extensions against each unit which he proposed to provide. In the event of a discrepancy between the unit price and the extension, the unit price shall govern. (If discounts are shown and there is an error in the extension of the total, the discount offered shall govern.) If the price bid per unit is based on any unit other than that stated, the bidder shall state the unit on which the unit price is based.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the Bidder, post office address, and name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to: The Office of the Director of Finance, 4 South Eagleville Road, Mansfield, Connecticut 06268.

mailto:[email protected]

All information shall be entered in ink or by typewriter. Mistakes may be crossed out and corrections inserted before submission of your bid. The person signing the bid shall initial corrections in ink.

Corrections and/or modifications received after the closing time specified will not be accepted.

1.04 SUBMISSION OF PROPOSALS

Those bidders submitting must be licensed, certified, or have a proven record to perform the work and provide evidence of experience in roofing and cost estimation of similar projects in the Northeast Region of the United States. Submissions must include the following sections:

• Letter of Transmittal • Qualifications Statement (include brief history of firm, credentials, etc.) • Scope of Services • Specialized Expertise • Similar Projects/References • A concise and complete description of the work to be performed, including a project

understanding of the project and a project approach for the work and the key issues to resolve.

• Cost Proposal ‐ Bid proposal form is part of these specifications. • Bid Bond

All submissions shall be returned in a sealed envelope addressed to the Director of Finance, 4 South Eagleville Road, Mansfield, Connecticut 06268. The envelope must bear the notation that it is a sealed bid, the Bid Name, and the vendor’s name and address.

Interested bidders shall submit one (1) original proposal and two (2) copies as well as an electronic PDF version.

If any bidder contemplating submitting a proposal is in doubt as to the true meaning of any part of these specifications, he may submit requests for information and/or clarification in writing via e‐mail to [email protected] by Tuesday, September 4, 2018. No interpretations as to the meaning of the plans, specifications, or other Contract Documents shall be made to any bidder orally.

A bid will not be accepted if it, or the Bid Surety if required, is received at the Finance Department after the stated time of opening as shown on the bid proposal form. This applies to bids sent by mail as well as those hand delivered. Unsigned bids shall be rejected.

Contractors must furnish a Labor & Materials Bond and a Performance Bond with the signed contract prior to any work being performed. Attorneys‐in‐fact who sign contract bonds must file, with each bond, a certified and effectively dated copy of their power of attorney. Certificates of Insurance are required and must be furnished by the Contractor prior to any work being performed.

Purchases made the Town are exempt from Fair Trade Laws as well as the payment of any sales, excise, or Federal Transportation taxes. Such taxes must not be included in the bid prices. Tax

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exemption certificates, for merchandise accepted by the Town, will be completed at the request of the Contractor furnishing the goods and services.

1.05 COST OF BID PREPARATION

The Town shall not reimburse the bidder for the cost of developing, presenting, or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner.

1.06 BID SECURITY

Each bid must be accompanied by a certified check, a bid bond, or a treasurer’s or cashier’s check, payable to the Town of Mansfield, in the amount of 5% of the total bid. Such deposits will be returned to all except the three lowest responsible and eligible bidders within fifteen (15) days, Saturdays, Sundays, and legal holidays excluded, after opening of bids, and the remaining deposits will be returned promptly after the town and the accepted bidder have executed the Contract, or if no notice of intent to award has been presented to any bidder within 90 days, Saturdays, Sundays, and legal holidays excluded, after the date of opening of bids, upon demand of the bidder at any time thereafter.

1.07 FAMILIARITY WITH THE WORK

Each bidder is cautioned to examine the specifications, drawings, samples, etc. pertaining to the bid to fully acquaint himself with the exact existing conditions relating to the work and has fully informed himself as to the work involved and the difficulties and restrictions attending the performance of this bid. Failure on the part of the bidder to examine all pertinent documents samples or job areas shall not entitle him to any relief from the conditions imposed in the proposal, the specifications, and the contract. Unsigned bids or bids without an original signature will not be accepted.

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

1.08 ADDENDA AND INTERPRETATIONS

When a bidder desires an interpretation or clarification of any ambiguity in the bidding documents, he must contact the Director of Finance prior to the bid opening. The Director of Finance’s interpretation shall be final and will be made known to all bidders concerned.

If any bidder contemplating submitting a proposal is in doubt as to the true meaning of any part of these specifications, he may submit requests for information and/or clarification in writing via e-mail to [email protected] by Tuesday, September 4, 2018. No interpretations as


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to the meaning of the plans, specifications, or other Contract Documents shall be made to any bidder orally.

Addenda information will be available online at http://www.mansfieldct.gov. It is strongly suggested that bidders check for any addenda a minimum of forty-eight hours in advance of the bid deadline. Failure of any bidder to receive any such addendum or interpretations shall not relieve any bidder from any obligations under his bid as submitted. All addenda so issued shall become part of the Contract Documents. Oral explanations will not be binding on the Town.

1.09 SAMPLES

When samples are requested they shall be delivered by the bidder properly identified at the time at the bid opening unless the bidding document indicates a different time. Samples shall be submitted free of charge. Samples will be removed by the bidder at his expense. The Town will not be responsible for any samples which are destroyed or mutilated in examination. If samples are not removed within thirty (30) days after written notice to the Vendor, they shall be considered as abandoned and the Town shall have the right to dispose of them as its own property. The Director of Finance may, at his discretion, hold the sample or samples of the successful bidder or bidders, for comparison with articles delivered on the Purchase Order, or orders issued subsequent to the award.

1.10 ANTI-DISCRIMINATION

The Contractor agrees and warrants that in the performance of this Contract it will not discriminate or permit discrimination against any person or group of persons on the grounds of sex, race, color, religion, age marital status, ancestry, national origin, past history of mental disorder, mental retardation or physical disability or other basis in any manner prohibited by the laws of the United States, the State of Connecticut, or the Town of Mansfield.

1.11 APPLICABLE LAW

The Contract pursuant to this solicitation shall be governed by, and the Town and Contractor shall have all remedies all recorded each by the Uniform Commercial Code, as adopted in the State of Connecticut, except as otherwise provided in such Contract or in laws pertaining specifically to the Town. This Contract shall be governed by the laws of the State of Connecticut, and suits pertaining to this contract shall be brought only in federal or state courts in the State of Connecticut.

1.12 INTERPRETATION OF BIDS

Qualified bids are subject to rejection in whole or in part. A qualified bid is defined as one limiting or modifying any of the terms and conditions and/or specifications of the invitation to bid.

Bidders are cautioned to initial erasures, alterations or corrections. Failure to do so may result in rejection of bids.

Unless limited by the term no substitute, the use of the name of a manufacturer or of any

http://www.mansfieldct.gov/

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particular make, model, or brand in describing an item, does not restrict bidders to that manufacturer or specific article, this means being used simply to indicate the character or quality of the article so described; but the article offered must be of such character and quality that it will serve the purpose for which it is to be used, equally as well as that specified, and shall be deemed by the Town to be so warranted by the bidder. Bids on comparable items must clearly slate the exact article being offered, and bidder shall furnish such other information concerning the article being offered as necessary to evaluate its acceptability for the purpose intended. If the bidder does not indicate that the article he offers is other than as specified, it will be understood that the bidder is offering the article exactly as specified.

The Director of Finance reserves the right to reject any or all bids, or the bid for any one or more commodities or contracted services included in any or all bids, to waive any informality in bids and unless otherwise specified, to buy any part or the whole from one or more bidders when it is to the Town's best interest to do so.

1.13 INTERPERTATION – PAROL EVIDENCE

The contract pursuant to this solicitation is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of such Contract. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in the contract. Acceptance or acquiescence in a course of performance rendered under the contract shall not be relevant to determine the meaning of the contract even though the accepting or acquiescing party had knowledge of the nature of this performance and opportunity to object.

1.14 DELIVERY

All prices bid must be on the basis of F.O.B. destination, inside delivery, unloaded and assembled unless otherwise indicated in the bidding documents. The contractor shall be responsible for all freight costs.

It shall be understood and agreed that any and all commodities furnished shall comply fully with all applicable O.S.H.A., and Federal and State laws and regulations.

Any equipment delivered must be standard new equipment, latest model, except as otherwise specifically stated in bidding documents. Where any part or nominal appurtenances of equipment are not described, it shall be understood that all the equipment and appurtenances which are usually provided in the manufacturer's stock model shall be furnished.

Delivery must be made as ordered and in accordance with the bidding documents. The decision of the Director of Public Works as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of order shall rest with the Contractor.

Commodities shall be securely and properly packed for shipment according to accepted standard commercial practice, without extra charge for packing cases, bailing or sacks, the containers to remain the property of the Town unless otherwise stated in the bidding documents.

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1.15 AWARD OF CONTRACT

Award will be made to the lowest responsible qualified bidder.

A Bidder, if requested, must be prepared to present evidence of experience, ability, service facilities and financial standing necessary to meet satisfactorily the requirements set forth or implied in the bid.

The Director of Finance reserves the right to reject the bid of any bidder In default of any prior contract or guilty of misrepresentation, or of any company having as its sales agent or representative, or member of the firm any individual in default or guilty of misrepresentation.

Each bid will be received, with the understanding that the acceptance in writing by the Director of Finance of the offer to furnish any or all of the commodities described there in, shall constitute a contract between the Bidder and the Town, which shall bind the Bidder on his part to furnish and deliver the commodities at the prices given and in accordance with conditions of said accepted bid and specifications.

No alterations or variations of the terms of the contract shall be valid or binding upon the Town unless made in writing and signed by the Director of Finance. The placing, in the mail to the address given in the bid or delivery of a notice of award to a bidder will constitute notice of acceptance. When so requested by the Director of Finance, the Contractor shall execute a formal contract with the Town for the complete performance specified therein. The contract may be terminated or annulled by the Director of Finance upon nonperformance of contract terms or failure of the Contractor to furnish performance surety and/or insurance certificates within ten (10) days from date of request. Any unfulfilled deliveries against such contract may be purchasedfrom other sources at the Contractor's expense.

Failure of a Contractor to deliver within the time specified or within reasonable time as interpreted by the Director of Finance or failure to make replacements of rejected commodities when so requested, immediately or as directed by the Director of Finance, will constitute authority for the Director of Finance to purchase in the open market, the commodities to replace the commodities rejected or not delivered. The Director of Finance reserves the right to authorize immediate purchased in the open market against rejections on any contract when necessary. On all such purchases, the Contractor agrees promptly to reimburse the Town for excess costs occasioned by such purchases. Such purchases will be deducted from the contract quantities.

However, should public necessity demand it, the Town reserves the right to use or consume commodities delivered which are substandard in quality, subject to an adjustment in price to be determined by the Director of Finance.

1.16 BEST CUSTOMER PREFERENTIAL PRICING

The contractor shall reduce the contract price of any good or service for which a contract award is executed to an amount equal to or lower than any pricing offered to any other commercial customer or the general public. This reduction in price shall be applied when the goods or services

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are identical to those contracted for and quantities requested meet any minimum quantity requirements for such pricing.

1.17 CERTIFICATION

By signature of the proposer, the proposer certifies:

The submission of the offer did not involve collusion or other anticompetitive practices.

The proposer had not given, offered to give, not intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in the rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting Contract and may be subjected to legal remedies by law.

The proposer submitting the offer hereby certifies that the Individual signing the offer and/or Contract is an authorized agent for the proposer and has the authority to bind the proposer to the contract.

1.18 CLAYTON ACT ASSIGNMENT OF RIGHTS

The Contractor and/or Subcontractor offers and agrees to assign to the Town of Mansfield all rights, responsibilities and interest in all causes of action it may have under Section 4 of the Clayton Act..15 U.S.C. Section 15, or under Connecticut General Statutes 35-24 et. seq., as amended, rising out of the purchase of services, property, or intangibles of any kind pursuant to the Agreement, or Subcontracts thereunder. This assignment shall be made and become effective at the time the Town awards or accepts such Agreement, without further acknowledgment by the parties. In the alternative, at the option of the Town, the Contractor and/or Subcontractor agrees to pay to the Town its proportionate share of recoveries for antitrust violations which relate to purchases pursuant to this Contract, or Subcontracts hereunder. The Contractor and/or Subcontractor agree promptly to notify the Director of Finance of the Town of Mansfield of suspected antitrust violations and claims.

1.19 CONTRACT

The contract pursuant to this solicitation shall be based upon the request for bid issued by the Town and the offer submitted by the Contractor in response to the request for bid. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the request for bid. The Town reserves the right to clarify any contractual terms with the concurrence of the Contractor. However, any substantial nonconformity in the offer, as determined by the Town Director of Finance, shall be deemed nonresponsive and the offer rejected.

Such contract shall contain the entire agreement between the Town and the Contractor relating to this requirement and shall prevail over any and all previous Agreements, contract, proposals, negotiations, purchase orders or master Agreements in any form.

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1.20 CONTRACT AMENDMENTS

The contract pursuant to this solicitation shall be modified only by a written contract amendment signed by the Town Director of Finance and persons duly authorized to enter into contracts on behalf of the Contractor.

1.21 GRATUITIES

The Town may, by written notice to the Contractor, cancel the contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative or the Contractor, to any officer or employee or the Town amending, or the making of any determinations with respect to the performing of such contract. In the event this contract is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.

1.22 INSURANCE

The Contractor shall procure and maintain insurance against claims for injuries or losses to persons or property that are alleged to have arisen in connection with activities of the Contractor and any agents, representatives, subcontractors or employees. Insurance companies must be licensed by the State of Connecticut or otherwise acceptable to the Town. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. Full disclosure of any non-standard exclusions is required for all required coverages.

The coverage indicated below at not less than the specified limits are required for this project (agreement):

A. Comprehensive General Liability coverage naming the TOWN OF MANSFIELD asadditional insured, written on an occurrence basis: $1,000,000 per occurrence,$2,000,000 aggregate

B. Automobile Liability coverage, including coverage for hired or borrowed autos:$2,000,000 per accident-combined single limit

C. Workers' Compensation Coverage, (as per Connecticut law and custom) andemployer's liability coverage $100,000/$500,000/$100,000 limits or "Certificate ofSolvency" issued by Connecticut Workers' Compensation Commission forself-insurers.

The required insurance form shall be certified by a duly authorized representative of the insurer(s) and incorporated into and made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted with the bid on file with the Town prior to commencement of this project (agreement).

Insurance as required by the Town of Mansfield shall be furnished by the Contractor to the Town. The Town of Mansfield shall be listed as “also insured” by name on all insurance certifications.

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Failure of the Contractor to maintain all required insurance in accordance with the Contract shall constitute a material breach of the Contract and shall subject the Contractor the Town’s withholding liquidated damages from the Contractor in the amount of five percent (5%) of the total Contract price, as it may be amended by construction orders, subject to the continued commercial availability of such coverage.

The Contractor shall not commence work under this contract until he has obtained all the insurance required above of the Information for Bidders attached hereto and such insurance has been approved by the Town. The Contractor shall furnish the Town with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of policies. Such certificates shall also contain substantially the following statements: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Town." The Town of Mansfield shall be listed as “additional insured” by name on all such insurance certifications.

1.23 INDEMNIFICATION

The Bidder is aware of and agrees that, if awarded an Agreement, he is bound by the following indemnification language:

To the fullest extent permitted by law, the Contractor shall release, defend, indemnify, and hold harmless the Town of Mansfield, their respective boards, commissions, officers, officials, employees, agents, representatives, and servants from any and all suits, claims, losses, damages, costs (Including without limitation reasonable attorneys' fees),compensation, penalties, fines, liabilities or judgments or any name or nature for:

• Bodily injury, sickness, disease, or death; and/or• Damage to or destruction of property, real or personal; and/or• Financial losses (including, without limitation, those caused by loss of use)

sustained by any person or concern, including officers, employees, agents, Subcontractors or servants of the Town, or the Contractor, or by the public, which is cause or alleged to have been caused in whole or in part by the negligent act(s) or omission(s) of the Contractor, its officers, employees, agents, or Subcontractors, in the performance of this Agreement or from the inaccuracy of any representation or warranty of the Contractor contained in the Contract Documents. This indemnity shall not be affected by other portions of the Agreement relating to insurance requirements.

To the fullest extent permitted by law, the Contractor agrees to release, defend, indemnify, and hold harmless the Town of Mansfield, their respective boards and commissions, officials, officers, employees, agents, representatives, and servants from any loss, claim, cost penalty, fine or damage that may arise out of the failure of the Contractor, its officers, agents, employees or Subcontractors to comply with any laws or regulations of the United States of America, the State of Connecticut, the Town of Mansfield, or their respective agencies. This undertaking shall not be affected by other portions of the Agreement relating to insurance requirements.

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1.24 LAW OF WAIVER

Any breach of contract which the Town does not object to shall not operate as a waiver of the Town to seek remedies available to it for any subsequent breach.

1.25 LICENSES

Contractor shall maintain in current status all federal, state, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this contract.

1.26 PUBLIC RECORD

All proposals submitted in response to this request shall become the property of the Town and shall become a matter of public record available for review subsequent to the award notification.

1.27 PROPERTY TAX ASSESSMENT

All owners of real estate, or of tangible personal property located in any town for three months or more during the assessment year immediately preceding any assessment day, who are nonresidents of such town, shall file lists of such real estate and personal property with the assessors of the town in which the same is located on such assessment day, if located in such town for three months or more in such year, otherwise, in the town in which such property is located for the three months or more in such year nearest to such assessment day, under the same provisions as apply to residents, and such personal property shall not be liable to taxation in any other town in this state. The list of each nonresident taxpayer shall contain his post-office and street address. The assessors shall mail to each nonresident, or to his attorney or agent having custody of his taxable property, at least fifteen days before the expiration of the time for filing lists, blank forms for filing lists of such property. The lists of taxable property of nonresidents shall be arranged in alphabetical order and separate from the lists of residents, provided no such separation shall be necessary in any town the board of assessors of which, upon the request of its property tax collector, has made rules and regulations approved of the secretary of the office of policy and management setting up an alternative method of arrangement.

1.28 PROVISIONS REQUIRED BY LAW

Each and every provision of law and any clause required by law to be in the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction.

1.29 RELATIONSHIP OF PARTIES

It is clearly understood that each party shall act in its own individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. The Contractor is advised that taxes or social security payments shall not be withheld

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from a Town payment issued hereunder and that Contractor should make arrangements to directly pay such expenses, if any. The Contractor understands that it is not entitled to compensation in the form of salaries, or to paid vacation or sick days by the Town. The Contractor further understands that the Town shall not provide any insurance coverage to the Contractor, including workmen's compensation coverage.

1.30 RIGHTS AND REMEDIES

No provision in these solicitation documents or in the proposer’s bid shall be construed, expressly or by implication as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim of default or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract or by law, and shall not be deeded a waiver of any right of either party to insist upon the strict performance of the contract.

1.31 SEVERABILITY

The provisions of this contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid provision or application.

1.32 SUBCONTRACTS

No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein without the advance written approval of the Town's Director of Finance. All subcontracts shall comply with federal and state laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. The Town shall not unreasonably withhold approval and shall notify the Contractor of the Town's position within a reasonable period of time.

1.33 SUBMISSION OF INVOICES

The following provisions regarding submission of invoices are an integral part of these bidding documents, and as such, will create a contractual obligation on the part of the awarded vendor. Failure to comply with these contractual requirements may result in a breach of contract:

All invoices submitted to the Town of Mansfield for goods or services shall contain the following minimum information:

• Town Order Number.• Complete description and quantity of goods and services rendered.• Agency and name of individual requesting goods or rendering of services.• Complete price information including gross amount, discount if applicable, net amount and

itemization of labor charges if applicable.

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• Additional information as may be required by contract.

All invoices must be forwarded to the Finance Department to whom goods and services were rendered.

1.34 TOXIC SUBSTANCES

In accordance with section 31-40 of the General statutes of Connecticut any person who supplies any toxic substance as defined in 31·40 shall provide the following information:

1) The generic or basic chemical name of the toxic substance;2) The level at which exposure to the substance is determined to be hazardous, if known;3) The acute and chronic effects of exposure of hazardous levels;4) The symptoms of such effects;5) Appropriate emergency treatment;6) Proper conditions for safe use and exposure to such toxic substance;7) Procedures for cleanup of leaks and spills of such toxic substance; and8) A label on each container of any such substance which states, in a clearly legible and

conspicuous form, that a toxic substance is contained therein.

This information shall be disclosed at the time of the bid opening and chemical data sheets will also be required if the products meet the toxic substance criteria.

1.35 VENDOR WARRANTY

Vendor hereby agrees to:

a. Perform contract in accordance with the specifications and bid under which the contractwas awarded.

b. Warranty the products or services against defective material or workmanship and to repairor replace any damage or marring of products occasioned in transit.

c. Furnish adequate protection from damage for all work and to repair damages of any kind,for which he or his workmen are responsible, to the premises or equipment, to his ownwork or to the work of other contractors.

d. Indemnify and hold harmless the Town, its agencies, agents, offices, servants or employeesfrom any action, law suit or judgment arising out of detects in its products, materials orworkmanship, negligence in its activities or breach of its agreement with the Town,including the cost of defense and counsel fees.

Articles which in any respect fail to conform to the specifications upon which the award is made will be rejected and held subject to the Bidder's disposition and expense.

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TOWN OF MANSFIELD MANSFIELD, CONNECTICUT 06268

BID PROPOSAL

Eagleville Schoolhouse Renovations and Addition Mansfield Facilities Management Department

BID OPENING: 2:00 p.m., Monday, September 17, 2018

Office of the Director of Finance, 4 South Eagleville Road, Mansfield, Connecticut 06268.

TO: Cherie A. Trahan Director of Finance Town of Mansfield 4 South Eagleville Road Mansfield, Connecticut 06268

The undersigned, as bidder, agrees to renovate the existing Eagleville Schoolhouse, build an addition, and complete all related site work as specified herein and the Contractor declares that he has carefully examined the Specifications, Form of Contract, and the site of the work and he proposes and agrees that, if this Proposal is accepted, he will contract with the Town in accordance with the copy of the Contract Documents; this Proposal form and Specifications being part of and included in a copy of said documents, to provide all necessary equipment and services to do all the work as specified in the Contract in the manner therein prescribed, and that he will take in full payment for the work, the unit or lump sum price applicable to that stated in the schedule below.

FIRM: Name

Street

City, State, Zip Code

NAME: Printed Name

TELEPHONE NUMBER:

FAX NUMBER:

EMAIL ADDRESS:

SIGNED:

DATE:

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The Contractor proposes to furnish all labor, materials, and equipment, and all else whatsoever required to perform all work described in the contract bidding documents for the “Eagleville Schoolhouse Renovations and Addition” as amended by the addendum noted below for the amounts shown herein under Schedule of Bids.

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

It is understood and agreed that the Owner has the privilege of rejecting any or all Bids and of waiving informality in any bid.

It is further understood and agreed that this bid shall be irrevocable for ninety (90) calendar days after bid receipt date.

SCHEDULE OF BID

NOTE: All prices must be clearly written, in ink or typed, in words as well as figures, for the entire Bid. In the event of a discrepancy between the unit price in words and unit price in figures, the written unit price in words shall govern.

Note: Bids shall be both written in words and show in figures.

LUMP SUM UNDER ONE CONTRACT

$

Words Figures

Unit Price 1:------------------------------------- ………………………………………………$____________/ per -----------

-Unit Price 2:------------------------------------- ………………………………………………$____________/ per -----------

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CONTRACT TIME

The Contract shall remain in effect from the date of contract signing through December 31, 2019. The work shall be completed by June 30, 2019.

BIDDER QUALIFICATIONS

If the Bidder is a Corporation, fill out:

The Bidder is a Corporation, organized under the laws of , having its principal office at . The Principal officers of said Corporation, with their titles and addresses, are as follows:

Bid must be accompanied by either a Certified Check or a Bid Bond, as provided in the Instructions to Bidders.

The Bidder is required to state that he has done work on a similar character to that included in the proposed Contract, and give references that will enable the Owner to judge his experience, ability to meet completion date, skill, and business standing. The Bidder is required to complete Attachment D – Summary of Work Experience and submit with their proposal.

CERTIFICATE OF INSURANCE

The Bidder is required to submit a Certificate of Insurance in amounts and types specified in Attachment A and shall obtain and maintain insurance through the duration of the Contract.

CONTRACT FORM

The parties shall enter into a contract in substantially the same form as the attached subject to technical and other modifications as the parties mutually agree.

ANTI-COLLUSION No person or persons other than those named herein are interested in this Bid or in the Contract proposed to be taken. Said contract is made without any connection with any other person or persons making any bid for the same work and is in all respects and without collusion or fraud. The Bidder is required to complete Attachment C – Certification of Non-Collusion and submit with their proposal.

ANTI-DISCRIMINATON The Contractor agrees and warrants that in the performance of this Contract it will not discriminate or permit discrimination against any person or group of persons on the grounds of sex, race, color, religion, age marital status, ancestry, national origin, past history of mental disorder, mental retardation or physical disability or other basis in any manner prohibited by the laws of the United States, the State of Connecticut, or the Town of Mansfield.

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SUPERVISION

The Contractor shall employ full time on-the-job Project Superintendent as his representative. CLAYTON ACT ASSIGNMENT OF RIGHTS

The Contractor and/or Subcontractor offers and agrees to assign to the Town of Mansfield all rights, responsibilities and interest in all causes of action it may have under Section 4 of the Clayton Act..15 U.S.C. Section 15, or under Connecticut General Statutes 35-24 et. seq., as amended, rising out of the purchase of services, property, or intangibles of any kind pursuant to the Agreement, or Subcontracts thereunder. This assignment shall be made and become effective at the time the Town awards or accepts such Agreement, without further acknowledgment by the parties. In the alternative, at the option of the Town, the Contractor and/or Subcontractor agrees to pay to the Town its proportionate share of recoveries for antitrust violations which relate to purchases pursuant to this Contract, or Subcontracts hereunder. The Contractor and/or Subcontractor agree promptly to notify the Director of Finance of the Town of Mansfield of suspected antitrust violations and claims. INDEMNIFICATION The Bidder is aware of and agrees that, if awarded an Agreement, he is bound by the following indemnification language:

To the fullest extent permitted by law, the Contractor shall release, defend, indemnify, and hold harmless the Town of Mansfield, their respective boards, commissions, officers, officials, employees, agents, representatives, and servants from any and all suits, claims, losses, damages, costs (Including without limitation reasonable attorneys' fees),compensation, penalties, fines, liabilities or judgments or any name or nature for:

• Bodily injury, sickness, disease, or death; and/or • Damage to or destruction of property, real or personal; and/or • Financial losses (including, without limitation, those caused by loss of use)

sustained by any person or concern, including officers, employees, agents, Subcontractors or servants of the Town, or the Contractor, or by the public, which is cause or alleged to have been caused in whole or in part by the negligent act(s) or omission(s) of the Contractor, its officers, employees, agents, or Subcontractors, in the performance of this Agreement or from the inaccuracy of any representation or warranty of the Contractor contained in the Contract Documents. This indemnity shall not be affected by other portions of the Agreement relating to insurance requirements.

To the fullest extent permitted by law, the Contractor agrees to release, defend, indemnify, and hold harmless the Town of Mansfield, their respective boards and commissions, officials, officers, employees, agents, representatives, and servants from any loss, claim, cost penalty, fine or damage that may arise out of the failure of the Contractor, its officers, agents, employees or Subcontractors to comply with any laws or regulations of the United States of America, the State of Connecticut, the Town of Mansfield, or their respective agencies. This undertaking shall not be affected by other portions of the Agreement relating to insurance requirements.

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BIDDER: COMPANY SIGNATURE BY DULY AUTHORIZED (SEAL) PRINT OR TYPE NAME TITLE DATE ADDRESS TELEPHONE FAX EMAIL ADDRESS VENDOR FEIN

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ATTACHMENT A INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS FOR CONTRACTORS

Minimum Limits of Liability

Workers Compensation Statutory Employer’s Liability – each accident $ 100,000 Disease, each employee $ 100,000 Disease, policy limit $ 500,000 Commercial General Liability Insurance

Each Occurrence $ 1,000,000 Fire Damage $ 100,000 Medical Expense $ 5,000 Personal & Adv. Injury $ 1,000,000 General Aggregate $ 2,000,000 Products & Completed Operations Agg. $ 2,000,000 Business Automobile Liability Insurance

Owned, Non-Owned & Hired Auto Limit $ 1,000,000 Combined Bodily Injury & Property Damage $ 1,000,000 (each accident) Property Insurance – if applicable Special Risk including Theft $1,000 Deductible Excess Liability Each Occurrence $ 5,000,000 Aggregate $ 5,000,000 Certificates of insurance must be provided to the Town after being awarded the contract and before doing any work. All insurance shall be provided by companies lawfully authorized to do business in the State of Connecticut with an A.M. Best Rating of A-VII or better. The Town of Mansfield shall be named as an additional insured on the General Liability, Automobile Liability and Excess Liability (if needed) insurance policies.

Each policy of insurance shall include a waiver of subrogation in favor of the Town of Mansfield and shall provide no less than thirty (30) days’ notice to the Town in the event of a cancellation or change in conditions or amounts of coverage.

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ATTACHMENT B QUESTIONNAIRE CONCERNING OCCUPATIONAL HEALTH & SAFETY

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The Town of Mansfield is a political subdivision of the State of Connecticut and it is required by various state statutes and regulations and by its own Town Code of Ordinances to obtain background information on prospective contractors prior to entering into a contract. The questions below are designed to assist the Town of Mansfield in procuring this information.

Yes No

1. Has the Bidder been cited for three or more willful or serious violations of any occupational safety and health act?

2. Has the Bidder received one or more criminal convictions related to the injury or death of any employee in the three-year period preceding the issuance of this Request For Bids/Proposals/Qualifications?

3. Has the Bidder been the recipient of one or more ethical violations from the State of Connecticut Ethics Commission during the three-year period preceding the issuance of this Request For Bids/Proposals/Qualifications?

4. The Bidder shall provide three (3) References for work completed within the last five (5) years.

4a. Designer/Owner Contract Value ($)

Contact Name Phone No

Work Description

4b. Designer/Owner Contract Value ($)


Work Description

4c. Designer/Owner Contract Value ($)


Work Description

Town of Mansfield Department of Public Works

QUESTIONNAIRE CONCERNING OCCUPATIONAL HEALTH AND SAFETY

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ATTACHMENT C CERTIFICATION OF NON-COLLUSION

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CERTIFICATION OF NON-COLLUSION

The Undersigned certifies, under penalties of perjury:

That this Proposal has been made by the Proposer independently, and has been submitted without collusion, and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment, or services described in this procurement document, designed to limit independent bidding or competition;

That the contents of the proposal have not been communicated by the Proposer or it’s employees or agents to any person not an employee or agent of the Proposer or it’s surety or any bond furnished with the proposal, and will not be communicated to any such person prior to the official awarding of this procurement.

That I have fully informed myself regarding the accuracy of the statement made in the certificate.

SIGNATURE:

NAME:

FIRM:

TITLE:

DATE:

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ATTACHMENT D SUMMARY OF WORK EXPERIENCE

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SUMMARY OF WORK EXPERIENCE

The Bidder is further required to state in the spaces provided below work that the Bidder has performed of a similar character to the work described in the Contract Bidding Documents.

Project Name Project Description Contract Award Amount

Client Contact Person Telephone #

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ATTACHMENT E SAMPLE AIA CONTRACT DOCUMENTS

AIA Document A105 – 2017 Standard Short Form of Agreement Between Owner and Contractor AIA Document A201-2017 General Conditions of the Contract for Construction AIA Document G701-2017 Change Order AIA Document G702-1992 Application and Certificate for Payment AIA Document G702S-2017 Application and Certificate for Payment – Subcontractor Version AIA Document G705-2001 List of Subcontractors

ATTACHMENT F PREVAILING WAGE RATES

Document A105™ – 2017Standard Short Form of Agreement Between Owner and Contractor

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AIA Document A105™ – 2017. Copyright © 1993, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA®

Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, [email protected].

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This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

AGREEMENT made as of the ________ day of ________ in the year ________ (In words, indicate day, month and year.)

BETWEEN the Owner: (Name, legal status, address and other information)

and the Contractor: (Name, legal status, address and other information)

for the following Project: (Name, location and detailed description)

The Architect: (Name, legal status, address and other information)

The Owner and Contractor agree as follows.

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TABLE OF ARTICLES

1 THE CONTRACT DOCUMENTS

2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3 CONTRACT SUM

4 PAYMENTS

5 INSURANCE

6 GENERAL PROVISIONS

7 OWNER

8 CONTRACTOR

9 ARCHITECT

10 CHANGES IN THE WORK

11 TIME

12 PAYMENTS AND COMPLETION

13 PROTECTION OF PERSONS AND PROPERTY

14 CORRECTION OF WORK

15 MISCELLANEOUS PROVISIONS

16 TERMINATION OF THE CONTRACT

17 OTHER TERMS AND CONDITIONS

ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of

.1 this Agreement signed by the Owner and Contractor;

.2 the drawings and specifications prepared by the Architect, dated , and enumerated as follows:

Drawings: Number Title Date

Specifications: Section Title Pages

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.3 addenda prepared by the Architect as follows: Number Date Pages

.4 written orders for changes in the Work, pursuant to Article 10, issued after execution of this Agreement; and

.5 other documents, if any, identified as follows:

ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The Contract Time is the number of calendar days available to the Contractor to substantially complete the Work.

§ 2.2 Date of Commencement:Unless otherwise set forth below, the date of commencement shall be the date of this Agreement. (Insert the date of commencement if other than the date of this Agreement.)

§ 2.3 Substantial Completion:Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion, as defined in Section 12.5, of the entire Work: (Check the appropriate box and complete the necessary information.)

Not later than ( ) calendar days from the date of commencement.

By the following date:

ARTICLE 3 CONTRACT SUM § 3.1 The Contract Sum shall include all items and services necessary for the proper execution and completion of theWork. Subject to additions and deductions in accordance with Article 10, the Contract Sum is: ($ )

§ 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work:(Itemize the Contract Sum among the major portions of the Work.)

Portion of the Work Value

§ 3.3 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documentsand hereby accepted by the Owner: (Identify the accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

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§ 3.4 Allowances, if any, included in the Contract Sum are as follows:(Identify each allowance.)

Item Price

§ 3.5 Unit prices, if any, are as follows:(Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.)

Item Units and Limitations Price per Unit ($0.00)

ARTICLE 4 PAYMENTS § 4.1 Based on Contractor’s Applications for Payment certified by the Architect, the Owner shall pay the Contractor, inaccordance with Article 12, as follows: (Insert below timing for payments and provisions for withholding retainage, if any.)

§ 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the ratebelow, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Insert rate of interest agreed upon, if any.)

%

ARTICLE 5 INSURANCE § 5.1 The Contractor shall maintain the following types and limits of insurance until the expiration of the period forcorrection of Work as set forth in Section 14.2, subject to the terms and conditions set forth in this Section 5.1:

§ 5.1.1 Commercial General Liability insurance for the Project, written on an occurrence form, with policy limits of not lessthan ($ ) each occurrence, ($ ) general aggregate, and ($ ) aggregate for products-completed operations hazard.

§ 5.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policylimits of not less than ($ ) per accident, for bodily injury, death of any person, and property damage arisingout of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage.

§ 5.1.3 The Contractor may achieve the required limits and coverage for Commercial General Liability and AutomobileLiability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 5.1.1 and 5.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require exhaustion of the underlying limits only through the actual payment by the underlying insurers.

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§ 5.1.4 Workers’ Compensation at statutory limits.

§ 5.1.5 Employers’ Liability with policy limits not less than ($ ) each accident, ($ ) each employee, and ($ ) policy limit.

§ 5.1.6 The Contractor shall provide builder’s risk insurance to cover the total value of the entire Project on areplacement cost basis.

§ 5.1.7 Other Insurance Provided by the Contractor(List below any other insurance coverage to be provided by the Contractor and any applicable limits.)

Coverage Limits

§ 5.2 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance and shallprovide property insurance to cover the value of the Owner’s property. The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner’s property insurance.

§ 5.3 The Contractor shall obtain an endorsement to its Commercial General Liability insurance policy to providecoverage for the Contractor’s obligations under Section 8.12.

§ 5.4 Prior to commencement of the Work, each party shall provide certificates of insurance showing their respectivecoverages.

§ 5.5 Unless specifically precluded by the Owner’s property insurance policy, the Owner and Contractor waive all rightsagainst (1) each other and any of their subcontractors, suppliers, agents, and employees, each of the other; and (2) the Architect, Architect’s consultants, and any of their agents and employees, for damages caused by fire or other causes of loss to the extent those losses are covered by property insurance or other insurance applicable to the Project, except such rights as they have to the proceeds of such insurance.

ARTICLE 6 GENERAL PROVISIONS § 6.1 The ContractThe Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10.

§ 6.2 The WorkThe term “Work” means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment, and services provided, or to be provided, by the Contractor to fulfill the Contractor’s obligations.

§ 6.3 IntentThe intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

§ 6.4 Ownership and Use of Architect’s Drawings, Specifications and Other DocumentsDocuments prepared by the Architect are instruments of the Architect’s service for use solely with respect to this Project. The Architect shall retain all common law, statutory, and other reserved rights, including the copyright. The Contractor, subcontractors, sub-subcontractors, and suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect.

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§ 6.5 Electronic NoticeWritten notice under this Agreement may be given by one party to the other by email as set forth below. (Insert requirements for delivering written notice by email such as name, title, and email address of the recipient, and whether and how the system will be required to generate a read receipt for the transmission.)

ARTICLE 7 OWNER § 7.1 Information and Services Required of the Owner§ 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site.

§ 7.1.2 Except for permits and fees under Section 8.7.1 that are the responsibility of the Contractor, the Owner shallobtain and pay for other necessary approvals, easements, assessments, and charges.

§ 7.1.3 Prior to commencement of the Work, at the written request of the Contractor, the Owner shall furnish to theContractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence.

§ 7.2 Owner’s Right to Stop the WorkIf the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made.

§ 7.3 Owner’s Right to Carry Out the WorkIf the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Architect may withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the cost of correction, provided the actions of the Owner and amounts charged to the Contractor were approved by the Architect.

§ 7.4 Owner’s Right to Perform Construction and to Award Separate Contracts§ 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s ownforces, and to award separate contracts in connection with other portions of the Project.

§ 7.4.2 The Contractor shall coordinate and cooperate with the Owner’s own forces and separate contractors employedby the Owner.

ARTICLE 8 CONTRACTOR § 8.1 Review of Contract Documents and Field Conditions by Contractor§ 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, becomefamiliar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents.

§ 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with informationfurnished by the Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies, or omissions discovered to the Architect.

§ 8.2 Contractor’s Construction ScheduleThe Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work.

§ 8.3 Supervision and Construction Procedures§ 8.3.1 The Contractor shall supervise and direct the Work using the Contractor’s best skill and attention. The Contractorshall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work.

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§ 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner, through the Architect, the names of subcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection.

§ 8.4 Labor and Materials § 8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work.

§ 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

§ 8.5 Warranty The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. Any material or equipment warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 12.5.

§ 8.6 Taxes The Contractor shall pay sales, consumer, use, and similar taxes that are legally required when the Contract is executed.

§ 8.7 Permits, Fees and Notices § 8.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work.

§ 8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules, and regulations.

§ 8.8 Submittals The Contractor shall promptly review, approve in writing, and submit to the Architect shop drawings, product data, samples, and similar submittals required by the Contract Documents. Shop drawings, product data, samples, and similar submittals are not Contract Documents.

§ 8.9 Use of Site The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents, and the Owner.

§ 8.10 Cutting and Patching The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly.

§ 8.11 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery, and surplus material; and shall properly dispose of waste materials.

§ 8.12 Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts

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they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.

ARTICLE 9 ARCHITECT § 9.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents.

§ 9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work.

§ 9.3 The Architect will not have control over or charge of, and will not be responsible for, construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility. The Architect will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.

§ 9.4 Based on the Architect’s observations and evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor.

§ 9.5 The Architect has authority to reject Work that does not conform to the Contract Documents.

§ 9.6 The Architect will promptly review and approve or take appropriate action upon Contractor’s submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.

§ 9.7 On written request from either the Owner or Contractor, the Architect will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents.

§ 9.8 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from the Contract Documents, and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith.

§ 9.9 The Architect’s duties, responsibilities, and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld.

ARTICLE 10 CHANGES IN THE WORK § 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract, consisting of additions, deletions or other revisions, and the Contract Sum and Contract Time shall be adjusted accordingly, in writing. If the Owner and Contractor cannot agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit.

§ 10.2 The Architect may authorize or order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such authorization or order shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall proceed with such minor changes promptly.

§ 10.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment.

ARTICLE 11 TIME § 11.1 Time limits stated in the Contract Documents are of the essence of the Contract.

§ 11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, or other causes beyond the Contractor’s control, the Contract Time shall be subject to equitable adjustment.

§ 11.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the responsible party.

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ARTICLE 12 PAYMENTS AND COMPLETION § 12.1 Contract Sum The Contract Sum stated in this Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.

§ 12.2 Applications for Payment § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in this Agreement. The Application shall be supported by data substantiating the Contractor’s right to payment as the Owner or Architect may reasonably require, such as evidence of payments made to, and waivers of liens from, subcontractors and suppliers. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing.

§ 12.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or other encumbrances adverse to the Owner’s interests.

§ 12.3 Certificates for Payment The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in part; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole. If certification or notification is not made within such seven day period, the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time and the Contract Sum shall be equitably adjusted due to the delay.

§ 12.4 Progress Payments § 12.4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents.

§ 12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders.

§ 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier.

§ 12.4.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents.

§ 12.5 Substantial Completion § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use.

§ 12.5.2 When the Contractor believes that the Work