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Hillsdale Road
g Hart Ford, Connecticut (A STOCK COMPANY) Bond No. 225BO583 BID BOND Know All Men By These Presents, That we........Mac.-G.la-in__Truck-ing Co.,- ---Inc. ------ ---------- ------------------- ------ --------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Glastonbury, Connecticut of---------------------------------------- -----------------------------------------------------------------------------------------(hereinafter called the Principal), as Principal, and THE TRAVELERS INDEMNITY COMPANY, a corporation, organized and existing under the laws of the State of Connecticut and having its principal place of business in Hartford, Connecticut (hereinafter The Town of South Windsor called the Surety),as Surety,are held and firmly bound unto---------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------(hereinafter called the Obligee) in the penal sum of 5% of the Bid Price-------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------Dollars for the payment of which the Principal and the Surety bind themselves,their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for___-__i-113-tal.latio-n---of---Storm-drain_ in -------------- ---- ------------ ------------- -- -------------- ............... -----1jinsdal-e---&...Mo.un_ta_in._Vi.ew---Ro.ad--------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------- NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified,enter into the contract in writing,and give bond,with surety acceptable to the Obligee for the faithful performance of the said contract;or if the Principal shall fail to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond,then this obligation shall be void;otherwise to remain in full force and effect. 15th August 74 SIGNED, SEALED AND DATED this----------------------------------------day of------------------------------------------------------- 19........... Mac Clain Truck'lag Co., Inc,,. r The Tr s IndemnitX Company, By: --------------- ------------- - ---------- ------- --------- ----------------- Attprmy-in- act. aulette Morris ------------------------------------------------------------------------------------------ Attorney-in-Fact. Ed.April 1940 S.368 y J j BID BOND NUMBER ON BEHALF OF r f x IN FAVOR OF C��� C� Hart Ford, Con necticu t u The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint D. L. Banta, M. E. Berkman, Patricia M. Boysen, Robert F. Campbell, Rita A. Kennedy, Freddie M. Lewis, June M. Meyer, Paulette Morris, Terence V. Mullaney, all of Hartford-, Connecticut, EACH — its true and lawful Attorneys)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings,recognizances,consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV,SECTION 13. The Chairman of the Board,the President,the Chairman of the Finance Committee, any Executive Vice President,any Senior Vice President, any Vice President,any Second Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority, as defined or limited in their respective powers of attorney,for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto,bonds,undertakings,recognizances,consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him. ARTICLE IV,SECTION 15. Any bond, undertaking,recognizance,consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board,the President, the Chairman of the Finance Committee,any Executive Vice President,any Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed,if a seal is required,by any Sec- retary or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board, the President,the Chairman of the Finance Committee,any Executive Vice President,any Senior Vice President, any Vice President or any Second Vice President and countersigned and sealed, if a seal is required,by a duly authorized attorney-in-fact or agent;and any such bond,undertaking,recognizance,consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed,if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes that dated October 8, .1973 on behalf of D. L. Banta, M. E. Berkman, Robert F. Campbell, Rita A. Kennedy, Freddie M. Lewis, June M. Meyer, Terence V. Mullaney., Barbara M. Riordan IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 8th day of March 19 74 THE TRAVELERS INDEMNITY COMPANY `tAoE,NN�f� By O rc 3 * Secretary, Surety State of Connecticut, County of Hartford—ss: On this 8th day of March in the year 1971+before me personally came D. J. Nash to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut;that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above instrument;that he knows the seal of said corporation; that the seal affixed to.said instrument is such corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. so 144& •.`I r a\` NOTARY°:'� , *' Pue�ic * Notary Public ONNECZjOJ My commission expires April 1, 1979 5-1669 REV.7-73 PRINTED IN U.S.A. (Over) CERTIFICATION I,John H. Hanks,Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut,this 15th day of August 1974 � SEAL C °L Assistant Secretary, Surety r• 5-1869 (BACK) Boa N seq� TO-Wf-?- O-P SotdA ?dz� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 So Co, AREA CODE 203/644-2511 Public Works August 7, 1974 CERTIFIED MAIL MacClain Trucking P. O. Box 279 Glastonbury, Connecticut Attention: Mr. Marty Malloy Gentlemen: The attached first page of the Proposal will serve as an Addendum to the Specifications for the Installation of a Storm Drainage System in Hillsdale and Mountain View Roads. You will note that this page has been revised to read: "3. 18" A.C.C.M.P. 4. One (1) 18" A.C.C.M.P. Flared End instead of "18" R.C.P." Please remove the original copy of this page and replace it with the attached. (There are two copies of the Proposal within the Specifications.) Very truly yours, TOWN OF SOUTH WINDSOR Emil W. Lucek Director of Public Works EWL:prb Att. _ ON N Se4 a 1.540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 �QSOR•c° AREA CODE 203/644-2511 Public Works August 7, 1974 CERTIFIED MAIL Latulippe Bros. Inc. 780 Vernon Street Manchester, Connecticut 06040 Gentlemen: The attached revised first page of the Proposal will serve as an "Addendum" to the Specifications for the Installation of a Storm Drainage System in Hillsdale and .Mountain View Roads. You will note that this page has been revised to read 113_ 1811 A.C.C.M.P. 4. One (1) 1811 A.C.C.M.P. Flared End , instead of " 18" R.C.P. " Please remove the original copy of this page and replace it with the attached. (There are two copies of the Proposal with the Specifications.) Very truly yours, TOWN OF SOUTH WINDSOR Emil W. Lucek Director of Public Works EWL:prb Att. IV f TOWN OF SOUTH WINDSOR INSTALLATION OF A STORM DRAINAGE SYSTEM IN HILLSDALE AND MOUNTAIN VIEW ROADS Mr. Terry V. Sprenkel, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 0607 . Dear Sir: Having carefully examined the Instructions to Bidders, General Conditions, Special Conditions, Technical Provisions, and Drawings, for the Installation of a Storm Drainage System in Hillsdale and Mountain. View Roads, as well as the site and - conditions affecting the work and all addenda issued by the Engineer, mailed to the undersigned by registered mail prior to the date of opening of bids, the undersigned proposes to com- plete the below-listed work at . the ,prices indicated.. Unit Item Quantity Price Total 1 . Trench Excavation 5>0 c.y. 2. Pipe Bedding 50 tons . a 3. 18 =A.:C,._C.M.P. -47 L.F. fd e0 v�H7OCO One (1 ) 18" A.C.C.M.P. Flared End Lump Sum - .00 5. Two (2) Catch Basins O t - 6 t Deep Lump Sum 0 6. Two (2). Catch Basins 01 - 121 Deep Lump Sum �7cS�fPl� ��3�b�cd 7. Reconstruct One (1 ) � Catch Basin Lump Sum 15vtoo Q G� 8. Trench Paving - 300 s.y. - 1-00 da�cv- 0 9. Rip-Rap .,10- tons H,50 00 10. Loam, Fertilize, & Seed 00 s.y pp tqp_ n TOTAL Signature (CONTINUED ON NEXT PAGE) Proposal - Storm Drainage System - Hillsdale & Mt. View Rds. Page 2 BID SECURITY: Bid Security in the amount of $ -9 in the form of a aw is enclosed with this Proposal. Bidder: Address: _sf-� ! v0 Signed by: Title: Date: I.. / , do hereby certify that I do of- hol any appointive or elective position in the government of the Town of South- Windsor,- Connecticut. Further- more., I "do not anticipate holding an appointive or elective office prior to delivery of payment of the equipment described in this Bid Form. l Signature LATULIPPE BROS INC. Telephone742-9477or &H-4966-- 6465114 BACKHOE & BULLDOZER RENTAL 1' �4tdE3�t+ftt-DRiYE 78o VERNON ST. #EWER-C-©N —T+C-EJ-T- MANCHESTER CT. DEAR SIRS , DO TO THE TIGHT MONEY AND LATE NOTICE FROM AREA BONDING AGENTS, THEY HAVE REFUSED A BOND TO LATULIPPE BROTHERS INC. I HAVE SINCE TALKED TO THE SMALL BUSINESS ADMINISTRATION.I. HAVED FOUND OUT THAT THE FEDERAL GOVERNMENT CAN SUPPLY BACKING FOR 9b% OF BOND NEEDED. IF LATULIPPE BROTHERS IS AWARDED THIS CONTRACT, A BOND CAN` BE MADE AVAILABLE. SINCERELY YOURS, LATULIPPE BROTHERSVINC . TOWN OF SOUTH WINDSOR INSTALLATION OF A STORM DRAINAGE SYST24 IN HILLSDALE AND MOUNTAIN VIEW ROADS Mr. Terry V. Sprenkel, Town Manager Town of South Windsor . 1540 Sullivan Avenue South Windsor, Connecticut - 06071} Dear Sir: Having carefully examined the Instructions to Bidders, General Conditions, Special Conditions, Technical Provisions, and Drawings for- the Installation of a Storm Drainage system. in Hillsdale' and Mountain View Roads, as well as the site .and . conditions affecting the work and all addenda issued by the Engineer, mailed to the undersigned by registered mail prior to the date of opening of bids, the undersigned proposes to com- plete the below---listed. work at . the prices indicated. Unit Item Quanti Price Total 1 . Trench Excavation 52© c.y. '$°(. 6400-6 (. 2. Pipe Bedding0 tons -- e 3. 18" .-A.C..-C..M.P. 547 L.F. • � �� One (1 ) 1$" Flared End Lump Sum b.�° 16 5. Two (2) Catch Basins . O' 6' Deep Lump -Sum 14:5-0-07 6. Two (2) Catch Basins a8S°c� R�0 00 0 -` 121 Deep Lump- Sum 7. Reconstruct One (1 ) Catch Basin Lump SumL� 8. Trench Paving 300 S.Y. L4.5D 3�0- 9. Rip-Rap 10 tons 10. Loam, Fertilize, & Seed 00 S.Y. TOTAL - Sig ature (CONTINUED ON NEXT PAGE) Proposal - Storm Drainage 3yste'm - Hillsdale & Mt. View Rds. Page 2 BID SECURITY: Bid Security in the amount of Xj in the form of a is enclosed with this Proposal. Bidder: y SG<r6-M d�S72 77 Cd• 1A)C Address: V/ LIMY /ed Co J A). Signed by: Title: Date I, , do hereby certify that I do not hold any appointive or elective position in the - government of the Town of South Windsor, Connecticut. Further- more, I 'do not anticipate holding an appointive or elective office prior to delivery of payment of the equipment described in this Bid Form. (Signature-) BID BOND w Bond No. k_:TNA INSURANCE COMPANY HARTFORD, CONNECTICUT The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we J & H Slater Construction Coo f Ince as Principal, hereinafter called the Principal, and Aetna Insurance Company a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto Town of South Windsor' Connecticut as Obligee, hereinafter called the Obligee, in the sum of Five-Percent (5%) of the Amount of Bid Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, adminis- trators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Installation Of a Storm Drainage System in Hillsdale and Mountain:View Roads NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accord- ance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the dif- ference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th day of August 19 74 - J & H Slater Construction Coo, Inc. (Principal) (Seal) (Witness) 2 } V S. (Title) kTNA INSURANCE COMPANY (Surety) (Seal) (Witness) Revised to February,1970 (Title) SS 5714b X Printed in U.S.A. ttorney-. 7 ct 0 w Attt Atsurattre Toutpatty POWER OF ATTORNEY OF HARTFORD, CONNECTICUT lKtww all Men by t4rar 11Trarnts, That NTNA INSURANCE: COMPANY, a corporation created by and existing under the laws of the State of Connecticut, having its principal office in the City of Hartford, State of Connecticut, does hereby nominate, constitute and appoint Thomas M. Burgess or Robert J. Sheridan of South Windsor, Connecticut it. tru,• and Ia,.fnl aattorncy(s) in flirt, with full power ;anal nutboa'ity hereby cmafcrred to execDle, and In aallix Iherelo the°seal of the corporation, as Surety, as its act and deed, subil,ct to the linailation.s and conditions hereinafter set forth, bonds and undertakings its follows: Any and all bonds and undertakings of suretyship provided the penal sum of no one bond shall in any event exceed TWO HUNDRED THOUSAND ($200,000) DOLIARS and to hind ,7•TNA INSURAN(:I,' COMPANY Ihcrchy as fully ;and to Ihl, saunc e•xleol ❑s if such bond A-re -signed by the aluly authorized officers of :7:'1'N:1 1\rl li \NCE COMPANY, and nil Iht aavl� of .said al�oruec(sl, pursunnl to Ill, nuthoritn hct7•in given, at, hereby ractificd and confirmed. 'Phis power of attorney is granted under and by the authority of the following applicable paragraphs of ARTICLE fI of the BYLAWS of the c•ompaaav: The president or a vice president may execute fidelity and suety bonds and other bonds, contracts of indem-city, recognizances, stipulations, undertakings, receipts, releases, deeds, releases of mortgages, contracts, agreetracots, policies, nolioey of appearance 'waivers of citation and consents to mn lifieaalions of contracts as may be required in the ordinary eoorw• of business or by vote of the directors, :and such execution may he attvswd where necessary or desirable and the seal of the company where necessary or desirable may he affixed to the specific instrument by a secretary or an assistant secretarv. The, president or a vice president may with the concurrence of if secretary or an assistant secretary appoint anti authorize an attorney-in fact or anv other person to execute on behalf of the company any such instruments and ondertaakings and to affix the seal of the company thereto where necessary or desirable. The attornevs-in-fact under the preceding paragraphs of this au•ticle are authorized and empowered to certify to a copy of any of the bylaws of the company or any resolutions adopted by the director, or to till, financial statement of the• condition of the company and to affix the seal of the compatn• thereto where necessary or desirable,. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by flit! Board of Director, of the A:TNA INSURANCE COMPANY sat a meeting duly called and held on the llih day of February, 1966. RESOLVED THAT, in the execution, attestation and sealing of any instrument or undertaking authorized by Article 11 of the Bylaws, the facsimile signatures of the officers and the facsimile seal of Ihl, Company affixed thereto shall be valid and binding upon the Company. IN WITNESS WHEREOF, JETNA INSURANCE' COMPANY has caused these presents to be signed by its President and its Secretary and its corporate seal to be hereunto affixed. attested by its Secretary, this.10-t l.day of..........November....... 19.7.2...... )ETN INSURANCE COMPANY Attest: , • ecretary �'A��7,tppo President d�� 1NSURAWE STATE OF CONNECTICUT co. 4 � sit. e'd b'' COUNTY OF HARTFORD t' R tti Secretary On this.......lQ.th........day of.....Rov-4I0 0.1r..., 19..72..... before me, Olive E. Mackey, the undersigned officer, personally appeared F. 1). WATKINS and J. J. MURPHY who acknowledged themselves to be the President and Secretary of)ETNA INSURANCE: COMPANY, a corporation, and that they, as such President and Secretary being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as President and Secretary, and that said Secretary affixed thereto the seal of the corporation and attested to the execution of the foregoing instrument. In Witness Whereof I hereunto set my hand and seal. OTA : u Y Now blic sue•. • ,:++ T �rReiio ao My commission expires April 1, 3iOt,C 1977 CERTIFICATE _1, the undersigned, Secretary_of__the_jETNA INSURANCE—COMPAN-Y-,--a--Connecticut--corporation, DO HEREBY-CERTIFY-that the above —and foregoing Power of Attorney remains in full force and has not been revoked; and, furthermore, that the paragraphs of ARTICLE II of the BYLAWS of the corporation, and the Resolution of the Board of Directors, as set forth in the Power of Attorney, are now in force. Signed and Sealed at Hartford, Connecticut, this.......16t!1'1..........day of....AU94 ;f!............... 19...7.4 4*IiiloRe #3855 �4�I41 Form 630$7 Ed. 8-66 PRINTED IN U.S.A. INSURANCR Secretary Co. N t1 r AMENDED PROPOSAL SHEET TOWN OF SOUTH WINDSOR { INSTALLATION OF A ST0-Pu1 DRAINAGE SYSTEM IN HILLSDALE AND MOUNTAIN VIET4 ROADS Mr. Terry V. Sprern'cal, Town.Manager Town of South Windsor., 1540 Sullivan Avenue South Windsor, Connecticut 0607 . : Dvar Sir: Having carefully `exam:i aed the Instructions to Biddara, General. Conditions, Special Conditions, Technical Provisions, and ,Drawirngs, for. the.-Installation of a Storm Drainage System -in Hillsdale and Mountain View Roads,. as well as the sIto .and.- conditions affecting the work cad all addenda issued by the Enginaar, mailed-to the undersigned by registered mail prior tor- the date of opening of bids, the undersigned proposes to core plate, the below-listed work at. tha prices indicated,:. Unit Item - 9uantt-g Price Total ._ 1 Trench Excavations - 520 c,y.. : .90 468.00 2.* Pipe Bedding 0 tons 4.7�� 0 3. .18" A,C,.:C..M.P. ? L.F. - 10.00 5470.00 4. One (j ) .18" A.C. C.K.P. Flared"End LUM-0 Stzm 125, 00 125.00 5. Tiro (2) Catch. Basins ., 01 61 Deep Limp -Suz -:475.00 950.00 6. Two (2) Catch. Basins 01 12 y Deep Lump. Sum _ 675.00 1350.00 7. Reconstruct One (1 ) - Catch Bdsin Lunso Sin. 150.00 - 150.00 - o � 9.. Rip-Rap _ =-10 tons ` 0 10. Loam, 'Fertilize, & Seed 0 .s. 50 0 0'� . TOTAL 8,795.50 - (Signature) (CONTINUED ON NEXT PAGE) Proposal Storm Drainage System - Hillsdale & Mt. Vier Rds. Page 2 BID SECURITY: Bid Security in the amount of $ 5°f in the .form of a BID BOND is enclosed with this Proposal. Bidder: Robert L. Davin Address: .29. Farmstead Drive South Windsor, Conn. 06074 Signed by: Titles Owner . Date: August 15; 1974 I Robert L. Davin, , do hereby certify .that I do-- Rot7Ho-ld any appointive or elective position in the government of the Town of South Windsor-,- Connecticut. Further- more, I do not anticipate holding an appointive or elective office prior to deliverer of payment of the equipment described in this Bid Form. i S i gna.ture r AGRE=,- NT THIS AGRE�T'`�iENT, made this the 21st day of August 197 4 , by and between the Town. of South Windsor, acting herein through its Town Manager, hereinafter called the "OWNERT'' and Robert L. Davin Excavating Go : a Corporation of the City of South Windsor County of Hartford; and State of Connecticut , hereinafter called the "CONTRACTOR.." WITNESSETH: That for and in consideration of the payments and agreements -hereinafter mentioned, to be made and perfo=ad by the OWITER, the CONTRACTOR hereby agrees with the 014NER to comr,enwa and„complete the construction described as follows: Installation of a Storm Drainage System in Hillsdale and Mountain Vier Roads hereinafter- called. the PROJECT., for the sum 0f Eight Thousand Seven Hundred Ninety Five and 50/100 Dollars ($ 8,795.50 ), and all extra work in connection therewith, un er the terms as stated in the General and Special Conditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance- with the conditioris - w i3a. described as follows: (Amended Proposal Attached) Installation of a Storm Drainage. System in Hillsdale and Mountain View Roads. The Contractor hereby agrees to commence .work under this Contract on or before a date to be specified in a written r,Notice to . Proce8d7of the Own.er,and to fully complete the pro jest withiri% 30 consecutive calendar days thereafter. The O' iER agrees to pay the CONTRACTOR in currant funds for the performance of the Contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to mane payments on account thereof as provided in the General Conditions. P_g=eement Page 2 a IN WITNESS WHEREOF, the parties to these presents have. executed this AGHE194ENT in the gear and day first above `. mentioned. (Seal) ATTEST: TOWN OF SOUTH WI �DSOR CONN. Owner ` .Q By Witness) Terry V. prep' 1, Town Manager Al Witness Contractor l - p By. Witness Address Ax (Witness ) 4 a7 D to TOWN OF SOUTH WINDSO'R _ INSTALLATION OF A STORM DRAINAGE SYST-1214 • IN HILLSDALE AND MOUNTAIN VIE`,�F ROADS = Mr. Term V. Spran'3a1, Town Xana.gar Town. of South Windsor 15,110 Sullivan Ave=6 South. Windsor, Connacti.cut 0007k - Dea-r Sir: r Having carefully examined the Instructions to Biddars, Ganaral Conditions, - Special Conditions, Tech cal Provisions, -and. :Drawings.-for' t a* ..- Installation of a Storm. D_a.ina�e, ..System Hillsdale., and.blcruntain. View Roads, as wall as the sita-:and - condition- affeatiuu3 the work and all addenda-* issued by the~ Enginaar, mailed_to the, undersigned by regigtared mail prior to- tha .date of opening of bids, the undersigned proposes to com-�: _ plet ter bala,*-31strd-.work. at. the prices Ind. eated.. _ TTnt Item. euaritit� Pricy r-= Tota3 _ 1 . Trench E.mcavatiOn. 2.* -Pip- Bedding _ 0 tons =< 3. 47 L.F. 62 <p3808 4- One (1 ) ..18.11 Aa.,C,.C,.T!.P. Flared End . hum Sum 5. Taro: (2) Catch Basins . _01 61 Deep Lump-S;.m b. Two (2) Catch Basins flt .- 12! Deep LI=P. SUM - ,520 p10 0 7.. Reconstruct One (1 ) - Catch Basifz Lmap Suez $150 8. Trench- Paving 300 s. vD ...-41620 9. Rid-Rap tons : " - o- 10. . Loam, Fertilize, & Seed soy. 117-47 - -40 TOTAL 12.,153 -- Signature) (CONTINUED ON -NEXT PAGE) - TOWN OF SOUTH WINDSOR INSTALLATION OF A STORM DRAINAGE SYSTM4 (.-. IN HILLSDAL., AND MOUNTAIN VIET,4 ROADS Mr. Terry V. Sprenkel, Town Manager Town of South Windsor , 1540 Sullivan Avenue South Windsor, Connecticut 06071,. - Dear Sir. Having carefully examined the Instructions to Bidders, General _ Conditions, Special Conditions, Technical Provisions, -and - .Drawings. for the.. Installation of a Stores Draina$e System Hillsdale- and Mountain, View Roads, as well as the site .and conditions affecting the work and all addenda- issued by the- =_ Enginaer,: mailed to the undersigned by registered mail prior to- the date of opening of bids, the undersigned proposes to com- plete the balaw-li.stad_work at. the prices indicated. Unit Item Quantity- Price Total 1 . Trench Excavation 20 ,( 2.. Pip- Bedding 50 tons 3. 1 $'' :A.-C"'C.M.P. 547 4'374: o 4. One (1 } .18" A,-C..-C.M.P. Flared End Lump Sum 1s '00 zsv Av 5. Two (2) Catch. Basins . 0; - 61 Deep Lump -Su� 5/�S.ov y�s>.err 6. Two (2) Catch Basins O t 12 T Deep Lump. Sum 900,60 0o s•o 7. Reconstruct One (1 } Catch Basin Limp Su 8. Trench Paving 300 s.y. 3.5t5 9. Ri P-Rap Y`. -=10 tons jr.no 10. Loam, Fertilize, & Seed 00 S.Y. /. rx, 5/rrv, o-o TOTAL hl(-4 -11, - Signature (CONTINUED ON NEXT PAGE) - - BOND r F LZ LIFE&CASUALTY THE )ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 007SB 035220 BCA ROBERT L. DAVIN dfb/a R. L. DAVIN EXCAVATING COMPANY .(5-578-0) 8-67 PROPOSAL BOND THE 4ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 Bond No: Principal Obligee L PROPOSAL BOND 'THE ATNA CASUALTY AND SURETY COMPANY ' Hartford, Connecticut 06115 LIFE&CASUALTY KNOW ALL MEN BY THESE PRESENTS, That we, ROBERT L. DAVIN d/b/a R. L. DAVIN EXCAVATING COMPANY as Principal(s) (hereinafter called the Principal), and THE ]ETNA CASUALTY AND SURETY COMPANY, of Hartford, Connecticut, a corporation of the State of Connecticut, as Surety (hereinafter called the Surety), are held and firmly bound unto TOWN OF SOUTH WINDSOR, CONNECTICUT (hereinafter called the Obligee) in the penal sum of FIVE PER CENT (5%) OF AMOUNT OF BIi). ($ ) Dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED WITH OUR SEALS this 16th day of August 1974 WHEREAS, said Principal is submitting herewith a bid, or proposal, for Storm sewer and catch basin work at Mountain View. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall be awarded the contract which said Principal has proposed to undertake, briefly described above, and shall, within the time allowed after notice of such award, enter into contract pursuant to such award and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. PROVIDED, HOWEVER, that this Bond is issued subject to the following condition: The Surety shall in no event be liable for a greater amount hereunder than the difference between the amount of the Prin- cipal's bid or proposal, and the lowest amount in excess of said bid, or proposal, for which said Obligee may be able to award said contract within a reasonable time. ROBERT L. DAVIN dA/a R. L. DAVIN EXCAVATING COMPANY (SEAL) BY (SEAL) (SEAL) THE ]ETNA CASU6rL'fiY AND SURETY COMPANY By 1 � Attorney-in-Fact .(S-778-J) 12-87 PRINTED IN U.S.A. THE AETNA CASUALTY AND SURETY COMPANY ri"'71 MMI Hartford, Connecticut 06115 LIFE&C'ASUALTY , POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE kTNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint John J. Martin, D. R. Erickson, R. B. Pratt, Thomas P. Vaughn, C., W. Adams or K. K. Dwyer - - a of Hartford, Connecticut its true and lawful Attorneys-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument(s): by his sole signature and act,any and all bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or con- ditional undertaking, and any and all consents incident thereto and to bind THE fETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE kTNA CASUALTY AND SURETY COMPANY,and all the acts of said Attorneys-in-Fact,pursuant to the authority herein given,are hereby ratified and con- firmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a)signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or(b)duly executed (under seal, if required)by one or more Attorneys-in-Fact pur- suant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE kTNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac- simile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE kTNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vice President and its corporate seal to be hereto affixed this 19th day of June 19 74 THE /ETNA CASU LTY AND SURETY COMPANY HARTFORD, a aac yt........ ,,,,„F+ By State of Connecticut A WS T i e resident ss. Hartford County of Hartford On this 19th day of June 1974 before me personally came N. H. PFANSTIEL to me known, who, being by me duly sworn, did depose and say: that he is Assistant Vice President of THE kTNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration;that the seal affixed to the said instrument is such corporate seal;and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof. -FPQy ' A CSr02- T �9'. a t. [�_�• My commission ex s h 31, 675 Notary Public CERTIFICATE I, the undersigned, Assistant Secreta'xy of THE kTNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 16th day of August . 19 74. AN. `�HARTFORD. t- ;z CONN. o By " As ant Secretary .IR_tQ99_n1 INA1 1171 ._.....__.. ... ..,. BOND LIFE&CASUALTY TH E /ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 007SB 044277 BOA R. L. DAVIN MAVATING COIWANY d/b/a ROBERT L. DAVIN (5-578-0) 8-67 elm Me PERFORMANCE BOND THE /ETNA CASUALTY AND SURETY COMPANY CONNECTICUT Hartford,Connecticut 06115 LIFE&CASUALTY KNOW ALL MEN BY THESE PRESENTS, J THAT, R. L. DAVIN EXCAVATING COMPANY d/b/a ROBBBT L. DAVIN (hereinafter called the Principal),as Principal,and THE /ETNA CASUALTY AND SURETY COMPANY,a corporation organ- ized and existing under the laws of the State of Connecticut with its principal office in the City of Hartford,Connecticut(here- inafter called the Surety),as Surety,are held and firmly bound unto TOWN OF SODTH WINDS08, COmwTICIIT (hereinafter called the Obligee), in the just and full sum of JIM THOUSAND BIGM gQfiD= NINM FIVE AND NO/100ths ($9.895•00) Dollars, to the payment of which sum,well and truly to be made,the said Principal and Surety bind themselves,and their respective heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 23rd day of August 19 74 = for Storm sewer and Catch Basin work at Moantain View. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall fully indemnify the Obligee from and against any failure on his part faithfully to perform the obligations imposed upon him under the terms of said contract,free and clear of all liens arising out of claims for labor and materials entering into the work,then this obligation shall be null and void,otherwise to remain in full force and effect. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder,that in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be im- mediately delivered to the Surety by registered mail at its Home Office in the City of Hartford,Connecticut. AND PROVIDED FURTHER that no action, suit or proceeding shall be had or maintained against the Surety on this instru- ment unless the same be brought or instituted and process served upon the Surety within three years after completion of the work mentioned in said contract,whether such work be completed bythe Principal,Surety or Obligee;but if there is any main- tenance period provided in the contract for which said Surety is liable,an action for maintenance may be brought within three years from the expiration of the maintenance period,but not afterwards. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23rd day of August 19 74 . A. L DAVIN EXCAVATING T L. DAMN BY: .�-�-�._, THE ETNA CASUALTY AND SURETY COMPANY By- Attorney-in-Fact •(S-1646-C) 3-70 PRINTED IN U.S.A. • L PAYMENT BOND THE )ETNA CASUALTY AND SURETY COMPANY • CONNECTICUT Hartford, Connecticut 06115 LIFE&CASUALTY KNOW ALL MEN BY THESE PRESENTS, THAT, R. L. DAVIN EXCAVATING COMPANY d/b/a ROBERT L. DAVIN (hereinafter called the Principal), as Principal, and THE /ETNA CASUALTY AND SURETY COMPANY, a corporation or- ganized and existing under the laws of the State of Connecticut with its principal office in the City of Hartford, Connecticut (hereinafter called the Surety), as Surety, are held and firmly bound unto TOWN OF SOUTH WMSOR, CONNECTICUT (hereinafter called the Obligee), in the just and full sum of NINE THOUSM NIA H=RED NIffM FIVE AND N01100ths ($9.895.00) Dollars, to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and their re— spective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the �3rd day of August 1974 tSx for Storm sewer and Catch Basin work at Mountain View. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall pay for all labor and materials furnished to himself or his subcontractors for use in the prosecution of the work, and used therein, then, this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant-to the provisions of Section 49-41 of the General Statutes of Connecticut, revision of 1958, and Sections 49-42 and 49-43 of the 1967 Supplement to the General Statutes of Connecticut, as amended by Public Act No. 192 of 1969, and the rights and liabilities hereunder shall be determined and limited by said Sections to the same extent as if they were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this �3rd day of August , 19 74 . R. L T L. DAVIN,,-) BY: V" , THE /ETNA CASUALTY AND SURETY COMPANY By Attomey-in-Fact IS-1647-E) 5-70 PRINTED IN U.S.A. THE ATNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 LIFE&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE kTNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint W. T. DiRoberts — of Hartford, Connecticut its true and lawful Attomeys-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled In, within the area there designated the following instrument(s): by his sole signature and act,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or con- ditional undertaking, and any and all consents incident thereto not exceeding the sum of ONE MILLION ($1,000,000.00) DOLLARS - and to bind THE kTNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE kTNA CASUALTY AND SURETY COMPANY,and all the acts of said Attomeys-in-Fact,pursuant to the authority herein given,are hereby ratified and con- firmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or(b)duly executed (under seal, if required)by one or more Attorneys-in-Fact pur- suant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the j Board of Directors of THE kTNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac-. simile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE kTNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Secretary and its corporate seal to be hereto affixed this 26th day of April, 19'r4 t "N.O /E HE TNA CASUALTY AND SURETY COMPANY s T ,aa j 11ARTFORD,`< :Z'. CONN. JO: a: �,3ti1........n�o By State of Connecticut Secretary ss. Hartford County of Hartford On this 26th day of April 11974 before me personally came R. T. RIPPE to me known, who, being by me duly swom, did depose and say: that he is Secretary of THE kTNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration;that the seal affixed to the said instrument is such corporate seal;and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof Q My commission expir Ma 31, 19 75 Notary Public CERTIFICATE Secretary I, the undersigned, of THE kTNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this �3rd day of �st 1s 74. qNo HART FORD. NN j iGl a3; 1 BY Secretary •(S-1922-D) (M) 12-72 PRIeED U.S.A. 0-- A-) - __ 02 TO: Finance Department October 2, 1974 PROJECT: Hillsdale/Mountain View Drainage ORIGINAL CONTRACT AMOUNT: $8, 795 . 50 Unit Contract % of Item Price Quantity Amount Completion Billed 1. Trench Excavation .90 520 c.y. $ 468.00 100 $ 468.00 2. :; Pipe Bedding 4.75 50 ton 237.50 100 237.50 3. 18" ACCMP 10.00 547 ft. 5,470.00 100 5,470.00 4. Catch Basins (0.'-6' ) 475.00 2 950.00 100 950.00 5. Catch. Basins (0'-121 ) 675.00 2 1, 350.00 100 1, 350.00 6 Reconstruct Catch Basin 1 150.00 100 150.00 TOTAL $ 8,625.50 less Retainage 2% $ 172.51 Completed For Payment $ 8,452.99 Previous Payments $ 000 Payable at this time , $ 8,452.99 1jt � � .• APPROVED: (Signature) ACCOUNT: f ,• Robert L. Davin Excavating Cont. Inc. 29 farmstead Dr. South. �iindsor Conn. To The Town Of South Windsor Public ;forks Dep. Request For Payment Contract Installation Of a Storm Drainage System in Hillsdale and Mountain View Roads Item Trench Excavation. 100% 468.00 � P]/ ipe--SSBfe�ddin� 100 !/�3s(� r{ 1 v0% 5., 0.00 Two Catch Basin 01 to 61 100; 950 m 00 fir: Two Catch Basin 0 s to 101 100% � Reconstruct One Catch Basin 100% 19350.010 Total 8,625.50~ i�Yl3 D I)►'�� TOWN OF SOUTH WINDSOR TOWN HALL SOUTH WINDSOR, CONK. 06074 w TO $nil W. Lucek DATE Oct SUBJECT: Mrs. Sceery - 20 Hillsdale Road s° To date, Mrs. Scerry's "step" has not been repaired. Since our Town crew will soon be involved in leaf colt, I am requesting at this time that this repair work be soon. 5 �4 6 yMelvin C. St a 1 ' -1(.t'c�C 4� — p_u.t� c y Ui J � � ,STD� Uw1'f P�1 CG T�'rf' l.o�'�G'l /�t-•.f G. rf�� �jl �l� Y -7S so 37.S0 ,s'o .3 ,Q ! ft Sy7o,4v � �� t/70,0-0 Ca �c «,.�+s O-6 �l7a;o-ra gSU, aJ 9.�rm �i / L ! d R e CC),� s r r U c �oSA_L 8, GAS; 6 _ less ti _'_ Av �✓1 P�/O v} Zj P4 � _ u 4- Acc6uL,-f-. _ M E M O R A N D U M TO: Emil Lucek, Director of P lic Works FROM: Terry V. Sprenkel, wn Manager DATE: June 14, 19 SUBJECT: HILLSDALE ROAD)DRAINAGE IMPROVEMENTS i Funds have been approved in the 1974-1975 fiscal year budget in the amount of $9,000 for drainage installation work on Hillsdale Road to pick up runoff from the tennis courts and along the roadway. This drainage problem has been with us since the completion of the tennis courts and is a source of concern and neighborhood flooding. I am instructing you to prepare the necessary field and engineering work to permit the project to proceed at a time schedule to assure its completion no later than August 1, 1974. This shall include the installation of all materials and the proper handling of the water runoff within the affected area. CONTRACT DOCUMENTS FOR - INSTALLATION OF A STORM DRAINAGE SYSTEM IN HILLSDALE AND MOUNTAIN VIEW ROADS - TOWN OF SOUTH WINDSOR, CONNECTICUT DEPARTMENT OF PUBLIC WORKS AUGUST 1974 TOWN OF SOUTH WINDSOR 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONNECTICUT 0607 NOTICE TO .CONTRACTORS - INVITATION TO BID Notice is hereby given that the Town of South Windsor, Connecticut shall accept sealed bids for the Installation of approximately 547 feet of a Storm Drainage System in Hillsdale and Mountain View Roads. Bids shall be accepted at the Office of the Town Manager, Town Hall, 1540 Sullivan Avenue, South Windsor, Connec- ticut, until 4:00 p.m. , E.D.S.T. , August 16, 1974, and said bids shall be in a sealed envelope marked "Bid--Storm Drainage System --Hillsdale and Mountain View Roads." Requests for "Plans" and "Specifications" must be accompanied by a Ten Dollar ($10.00) non-refundable fee, and may be obtained at the above address . • The Town reserves the right to accept or reject any or all bids. Terry V. Sprenkel, Town Manager TABLE OF CONTENTS Page Intent of Contract . 1 Instructions to Bidders 2-3 Proposal (2 Copies ) Form of Agreement Prevailing Wage Rates .- 6` Special Conditions SC-1&2 General Conditions Definitions . . . . . . . . . . . . . . . GC-1 Progress and Submission Schedules Correlation, Interpretation and Intent of Contract Documents . ., . GC-4 Copies of Documents and Record Documents GC-5 Separate Contracts . • . GC-5 Subcontracts . . . . . . . . . . . 0 0 GC-5 Materials, Equipment, and Labor . . . . . GC-6 Patent Fees and Royalties . . . • GC-7 Permits, Laws, and Regulations . . . . GC-7 Availability of Lands . . . . . . GC-8 Engineer' s Control . . e • . a GC-8 Authority and Duty of Inspectors . . . . . . GC-9 Tests and Inspections . . . e . . GC-9 Shop Drawings and Samples . # GC-10 Contractor's Supervision . . GC-11 Safety and Protection . . . .. GC-12 Access to Work GC-13 Change in Work e e . • . GC-14 Change Orders . . . . • . . . 0 GC-15 Change of Contract Time . • . 0 GC-16 Warranty and Guarantee 0 0 0 0 GC-16 Application for Progress Payments • . GC-18 Certificate of Completion and Final Payment GC-19 Waivers of Claims . . GC-20 Indemnification . . GC-20 Cleaning Up . . . . . . . . . GC-21 Owners Right to Stop Work . . . GC-22 Owners Right to Terminate GC-23 - Contractors Right to Stop Work or Terminate . . GC-24 Provision Required by Law Deemed Inserted . GC-24 Contract Security (Performance and Payment Bond) GC-24 Contractors and Subcontractors Insurance . GC-25 Technical Provisions . . TP-1 • TOWN OF SOUTH WINDSOR INSTALLATION OF A STORM DRAINAGE SYSTEM IN HILLSDALE AND MOUNTAIN VIEW ROADS INTENT OF CONTRACT The intent of the contract is to prescribe a complete work or improvement which the- Contractor undertakesi to do, in full compliance with the specifications, plants, special provisions, proposal and contract. The Contractor shall perform_ all work in close conformity with the lines, grades., typical crass-sections, dimensions, and other data shown on the plans or as modified by written orders,, including the furnishing of all materials, implements, machinery, _ equipment, tools, supplies, transportation, labor, and all V t3AC7.S tLL.L-L-Mg. ebb°a a.3"� to !1_.r ----L-- completion of the project. - .1 - TOWN OF SOUTH WINDSOR OFFICE OF THE TOWN MANAGER 1540 SULLIVAN AVENUE SOUTH WINDSOR, C©NNECTICUT 06074 INSTRUCTIONS TO BIDDERS 1 . Sealed proposals will be received by the Town Manager of the Town of South Windsor, Connecticut atthe Town Hall until 4:00 p.m. , E.D.S.T. , on August 16, 1974 then and there to be opened publicly for the Installation of a Storm Drainage System in Hillsdale and Mountain View Roads. 2. The proposals shall be on the form provided for that purpose, enclosed in an envelope and clearly marked-- "Bid--Storm Drainage System--Hillsdale and Mountain View Roads," so as to guard against opening prior to time set therefor. The Bidder shall also be responsible for placing his firm's name on the outside of the envelope. 3• The proposal is signed by the Bidder with full knowledge of, • and agreement with, the General Conditions,Special Conditions, Technical Provisions , (State of Connecticut Standard Speci- fications for Roads, Bridges, and Incidental Construction Form 810),eontract plans, and addenda issued prior to the opening of bids, and any other requirements of this bid. 4. Proposals which are incomplete, unbalanced, conditional, obscure, or contain additions not called for, alterations or irregularities of any kind, or which do not comply with the Contract Documents may be rejected at the option of the Owner. 5. Each proposal shall be signed, in-:-behalf of the individual, Partnership - or corporation making the proposal, by person or persons legally authorized to sign this document and thereby bind the maker in full responsibility therefor. " The address of the indiviclua.l, partnership or corporation shall be appended and, upon demand, the names and addresses . of all members of a partnership or the corporate officers of a corporation thus bound shall be made known. 6. Bids received later than the time and date specified 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. _ 2 Instructions to Bidders (Continued) 7. Bidders may be present at the opening of bids. 8. All deliveries of commodities hereunder shall comply in every respect with all applicable laws of the Federal Government and/or the State of Connecticut. Purchases made by the Town of South.Windsor are exempt from the 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. 9. Each bid must be accompanied by a Bid Bond for five percent (5%) of the total bid from an acceptable surety company. Certified checks will not be accepted. 10. Successful bidder shall be required' to furnish a Performance and Payment Bond for one hundred percent (100%) of the total bid price. 11 . Inquiries concerning this contract- proposal should be directed to . the Director of Public Works, Town Hall, South Windsor. 12. The Town reserves the right to reject any and all bids, to waive technical defects, and to make such awards including accepting- a -b.—id although not the low bid, as it deems in its sole discretion to be in the best interests of the Town. 13. The. Town of South Windsor may make such investigation as deemed necessary to determine the ability of the bidder to discharge his 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 obligation of the contract and to sati's- f a c t r Work o ily Complete�� pm��e -the �G�� cs.?ae�a for hwaKeti.n, Coigdi_tZonal bids will not be accepted. 14. The wages paid on an hourly basis to any mechanic, laborer or workman employed upon the work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such employee to any employee welfare fund, as defined in Section 31 -78 of the General Statutes, shall be at a rate equal to the rate customary or prevailing 'for the same work in the same trade or occupation in the town in which such public works project is being constructed. Any contractor who is not obligated by agreement to make payment of contribution on behalf of such employees to any such employee welfare fund shall • pay to each employee as part of his wages -the amount of payment or contribution for his classification on each payday. { 'AMENDED PROPOSAL SHEET - TOWN OF SOUTH WINDSOR INSTALLATION OF A. STOP~i DRAINAGE SYST 4 IN HILLSDALE, AND MOMITAUT VIFJ ROADS Mr. Terry V. Spren'kel, Town Manager Town of South Windsor , , 1540 Sullivan Avenues South Windsor-, Connecticut 0607 Dear Sir: Having carefully examined the Instructions to Bidders, General. Conditions, Special Conditions, Technical Provisions, and. _ Drawings. for, the Instsllation of a Storm Dra?nage .systen in `.Hillsdale''and I�ionzttain View Roads, as well as the site .and - conditions affecting the work and all addenda issu by the- Enginear, mailed to the undersigned by. registered mail prior to the data of opening of bids, the undersigned proposes to com pleta-the below-listed 'work .at the prices ir:d c d. Uni - Itsrz 9,uax�tt - Price Totem. 1 . - Trench Excavation. <52© :- c,y. .90 468'.00. - ' 2.. -Pipe Bedding 50 tons 4.775 0 3. _ 18". , .Cr:C.M.P. - 7 L.F. 10.00470.00 One Flared End Lum-0 Sum 125,00 125.00 5. Two (2) Catch Bss . Ot 61 Deep Lump Su-a "475.00 950.00 6. Two (2) Catch Basins 01_ 12► Deep Loma, Suit - 6 7 5.00 13 50.0'0_ 7. Reconstruct One (1 ) Catch Basii2 Lori-_ Su?a 150.00 150.00 (8�. Trench Paving 0 S.Y. - 3 .00 0 7. Rip-Rap _�� �7n3 n cn LG. f1( 10. Loam, Fertilize, & Seed - 0-- s. . �.' - -- 50 0 TOTAL 8,795.50 (Signature) (CONTINUED ON NEXT PAGE) Proposal - Storm. Drainage System Hillsdale & lit. View Rds. Page 2 BID SECURITY: Bid Security in the amount of $ 5% in the form of a BID BOND is enclosed with this Proposal.. Bidder: Robert L. Davin Address- 29. Farmstead Drive South Windsor, Conn- 06074 Signed by: Title: Owner Date: August 15; 1.974 Is Robert L. Davin do hereby certify that I 'do Rot hold any appointive or elective position in the government of the Town of South Windsor., Connecticut. Further- - more, I do not anticipate holding an appointive or elective office prior to delivery of payment of the equipment described in this Bid Form, signature AGRE=NT THIS AGREEMENT, made this the 21st day of August s 197 4 , by and between the. Town of South Windsor, acting herein through its Town manager, hereinafter called the "OWNER" and ` Robert L. Davin Excavating Co. a Corporation of the City of South Windsor , County of Hartford. and State of Connecticut , hereinafter called -the "CONTRACTOR.:, WITIKEESSETH: That for and in considerations of the payments and agreements hereinafter mentioned, to be made and performed by the OTAIFE'R, ,the CONTRACTOR hereby agrees with the OW3ER to commence and-,complete the construction described as follows: Installation of a Storm Drainage System in Hillsdale and Mountain View Roads hereinafter called the PROJECT, for the sum of Eight Thousand Seven Hundred Ninety Five and 50/100 Dollars ($ 8, 795.50 } and all extra work in:`connection. therewith, under the terms as stated in the General and Special Conditions of the Contract; and at his (its or their) own .proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions described as. follows: (Amended Proposal Attached) Installation of a Storm Drainage. System in Hillsdale and Mountain View Roads The Contractor hereby agrees to co: ence .work under this Contract on or before a date to be specified in a written "Notice to . Proceed"of the Owner,and to fully complete the pro- ject withiri' , 30 consecutive calendar days thereafter. The OWNER agrees t o. pay the CONTRACTOR in current funds for the performance of the Contract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments on account thereof as provided in the General. Conditions. Page 2 IN WITNESS WHEREOF, the parties to these presents have_ executed this AGREEMENT in the year and day first above mentioned. (Seal) ATTEST: TOWN OF SOUTH Wj!MSOR -CONN. " Owner 4 fitness) : Terry V. Sprenkel, a g Town im ar (Witness) Contractor - By: Wins s Address Witness Date •lintnum Rates and STATE OF COiINECTtCUT ' State Pro} cco, -lassificatiotis for hate Highway and LABOR pEPARTMENT - LocatioQ_ -So.:Windsor, Conn, 3ridge.Cons truction Z Hillsdale 8L Mountain.View Road . :ONTRACT - --.Storm Sewers Issued August 5, 1974 RAFTS Per W.F. P.F. -Per W.F. P.F. Hu' •• •.• Hr.-8F •� . +.. { ' ..8.70 035 1 • POSER EQUIPMENT OPERATORS 3ricklayer, Scone ;Mason 9 57 40+24 .50 9045 .35+15 .3Q Erecting and Handling Steel -arpencer - 9' 45• 40+20 .50 . Crane, Derrick, and Dragline • -- 9;4544+20 50 Steel Pile Sheeting , Painter, Spray -" .. 9.45 - 40+20 -.30" Painter(structural steel and bridge) • lI,C) includ,-b-ire"• Pile Driver -- Side Boom . 9.17- 40+20 .50 Electrician -- 9.45 40+20 .50 Compressor Battery Operator - Lineman 4:- -vi' 5- - Power Shovel 5_04 -35 - 8.8fi 40+20. ,50 Groundman 9.45 _ 40+20-- ,50 Groundman-Inexperienced 4.40 - -35' - Trenching Machine _ -6.78 '.35 - Excavator-All Purpose (Gradall) 9.45 44+20 .50 Groundman-Truckdrivet -8.55 40+20 .50 Pile.Driverman - - - 4e®5" 03551 .30 . Front-End�Loader(under 3 yds) 9f, a35 .74 Front-End Loader(3 yds. and over) 8;88 40+20 .56 icoaworker _ _ 8,72 • 40+2fl �„50 Bridge Spray 14;50. in �lud bene, - Scraper(Carryall) LABORERS Bulldozer 8.72 4fl+2fl. ,50 6190 .45.. ,40 Euclid Loader - 9-,17 _40+20 50 Laborer - 8,-88 40+20 ,50 Laborer(intermediate) 7•15 '45 40 Grader 7;.40 ' :'45 :40 Borieg Machine 8.88- 40+20. .50 Air Track Operator- _7,k0. ,45 _40 9,17 . 40+20_" ,.50 - Post Hole Digger• - paver, Rammer, Curb Server 7.6 .45 ,40 8.25 40+20 .50 Fireman.(high pressure) Powderman and Blaster 8.55 40+20 .50 $Wateipioofer .._ -- -- Roller 9.45 40+20 .Sfl Concrete Paver T CK E RS - . . - _ _ 8.55 . -- fl� .50 DRIVE' - - Finishing Machine 8.55 ' �iCy+24 50 2 e 6.57 .42 .575 Power Pavement Breaker - 6.67 .42 575 T.55 40+20 .50 3=Axle- - Power Chipper 6.77 .42 575, Compressor 8.17 t� .50 4-Axle 6.67 ,42 ;575 Pump 8.1.7 40+-20 rn 2-Axle Ready-Mix .67 ,42 •575 -- - '-` Concrete bluer(under 5 bags) 3-Axle Ready-&tix - - • 6.82 . ,-42" :575 - 8.72 40+20 ,50 4-Axle Ready-blix Concrete Mixer(S"bags and over) -8.88 40+-20 .50 6.77 .42 ;575 Power Scone Spreader - Heav Duty"Trailers.up to 40 Tons 9,00 40+20 - .50 Heavy Duty Trailers 40 Tons and over 6,87 ,42 •575 Asphalt Spreader 8.55 40+20 .50 6.82 $2 .42 ."575 Roller(asphalt) - Specialized Equipment 6. .42 .575 . 8.55- 40+20 .50 lle}per Asphalt Plant 8.15 '40+20_ - ,50 Batch Plant - MISCELLA\EOCS - +•+ Bulk Cement Plant 8,15 40+24 .50 5.63 40+20 4 .50• pumperete 9.17 40+20 .50 Rodman .50 Chainman 5.63 40+20 .50 &taster Mechanic 9.45 40+20 -7.07 40+20 .50 Maintenance Engineer 8,72 40+20 .50 Transitman -- - -- Chief of Party 8.20 40+20 „50 *Welder Asst. Chief of Party 7;63 40+20 _50 Oiler 7.S6 " 40+20 .50 OTHERS NOTE* Welders' and�'atecpruofers' Races of«ages shall be the same as that of the trade with a.hich they are working. •• Welfare Fund ssaPcnsicn Fund + Laborers-welfare .45 Training Fund .05 welfare -•40 Su Elemental Linemploymenc Fuc d .20 •E-f- �'occcr�quipnient Operators 1' 6- Apprentice,rates will be furnished e^.!} t-tr: a;,^=o�'a! 0 :`rc i•-aca:ure of the Labor Comniis,ionec. I,y :irtuc of tar .1 authority vested in me under provisions of Scction 31.5.1 of the 1969 Supple lent to the General Statutes, 1 hereby declare ` the foregoing to be the p.evailing rates of pay and employee welfare contcil,ucions for the occupations listed in Elie Areas as applied to the captioned project as of chic dace. WE (3-71) J;ck A. c usau,Co;.i zrssionct SC-1 • SPECIAL CONDITIONS GENERAL: The Contractor shall furnish all tools, labor, material, equipment and incidentals necessary to perform all work shown in the Proposal. Work under this contract shall consist of the installation of approximately 547 feet of 18" Asphalt-Coated Corrugated Metal Pipe, the construc- tion of four (4) new catch basins, the reconstruction of one (1 ) existing catch basin, the installation of one (1 ) 18" ACCMP Flared End Section, the regrading and rip-rapping of an existing trench, approximately 327 feet of bituminous concrete trench patching, approximately 250 feet of trench loaming and seeding, and approximately 250 feet of shoulder loaming and seeding. The Town reserves the right to add to, or eliminate from, the Contract any of the above items of work in the event it deems it to be in the- best interests of the Town. LAYOUT OF WORK: The Town shall supply all necessary surveying, survey data, and layout work for satisfactory execution of the construction as shown on the Contract Drawings. The Contractor shall be responsible for the protection and safe-guarding of points set. Any unnecessary damage or removal of points set, by the Contractors forces, shall be. reset at the expense of the Contractor. INLETS AND PIPE LOCATION: The Engineer shall have the right to change location of inlets or pipe lines from that shown on the Drawings where necessary to avoid other structures or for other reasons. PERMITS : The Contractor shall obtain all necessary permits from proper authorities prior to opening, closing, or obstructing any public or private highway, roadway, or driveway. WORK CONFORMITY: The Contractor shall make his work conform to all lines and grades as shown in the plans and/or as directed by the Engineer. Any work in excess of that described in the Plans or Specifications shall be done only by authorization of the Engineer. SURPLUS MATERIAL: All surplus earth material from this project shall be the property of the Town and shall be disposed of at the Town of South Windsor Sanitary Landfill on Strong Road, or as otherwise directed by the Engineer. • Surplus material may be stockpiled, as directed by Engineer, for use in the project areas, if necessary. SC-2 OTHER UTILITIES : A rivate water supplysystem stem exists P within the street rights-of-way of this project. It shall be the responsibility of the Contractor to ascertain the exact location of this water system and to coordinate his work with other utilities . TIME OF COMPLETION : The Contractor shall complete the work within thirty (35T. calendar days from the date of Notice to Proceed with construction. DRAWINGS: As provided by the Engineer. ALTERATIONS OF PLANS OR OF CHARACTER- OF WORK: The right is reserved for the Engineer to make, from time to time, such alterations in the Plans or in character of the work as may be considered necessary or desirable to complete fully the proposed construction; and such alterations shall not be considered as a waiver of any conditions of the Contract, nor to invalidate any of the provisions thereof. Should such alterations result in an increase or decrease of the quantity of work to be performed, and should added or eliminated work be of the same character as shown on the original plans, the Contractor shall accept payment in full at the Contract Unit Price for the actual quantities of work done. • i TECHNICAL PROVISIONS Earth-work,- .Clearing and Grubbing; Drainage; Trench Excavation; Endwalls and Retaining Walls; Concrete Work; .Topsoil; Fertil- izing and Seeding; Turf or Sod; Bituminous Concrete Binder; Bituminous Concrete; Traffic Control; Driveways; Fencing Trees and Shrubs; Demolition of Concrete or Wooden Structures, or Masonry; or other work required within the scope of this contract: Shall be as described in "State of Connecticut, • State Highway Department Manual of Standard Specifications for Roads, Bridges, and Incidental Construction, Form 81W' or as otherwise specified herein or as directed, in writing, by the Engineer. Trench Paving: Shall be in accordance with "Town of South Windsor, Pavement Cut Permit Regulations" and shall ivESii.;z�� the compaction and installation of a sub-base, six inches (6" ) of processed gravel base, two inches (211 ) of bituminous concrete binder course pavement, and one inch (111 ) of bituminous concrete surface course pavement. GC-1 GENERAL CONDITIONS ARTICLE 1, DEFINITIONS Wherever used in these Contract Documents, the following words shall have meanings which shall apply to both the singular and plural. AGREEI IENT The written agreement between the Owner and the Contractor covering the work to be performed, including the Contractor's bid and the bonds. 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 and 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 Owner, 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 Agreement. CONTRACT DOCUMENTS The Agreement, Specifications, Drawings, Addenda (whether issued prior to opening of bids or execution of the Agreement), and Modifications. GC-2 a CONTRACT PRICE The total monies payable to the Contractor under the Contract Documents , CONTRACT TIME The number of calendar days stated in the Agreement for the completion of the work. CONTRACTOR The person, firm, or corporation with whom the Owner has executed the Agreement. DRAWINGS The drawings and plans which show the character and scope of the work to be performed and which have been prepared or approved by the Engineer and are referred to in the Contract Documents , ENGINEER Wherever in the Contract Documents the word "Engineer" is used, it shall be understood as referring to the Engineer of the Town of South Windsor,acting personally or through any authorized assistants. MODIFICATION (a) A written amendment of the Contract Document, signed by both parties. (b) A Change Order. (c) A written clarification of interpretation issued by the Engineer. (d) A written order for a minor change or alteration in the work issued by the Engineer. A modification may only be issued after execution of the Agreement. GC-3 OWNER The Town of South Windsor, Connecticut. 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 equipment, material or some portion of the work. SPECIFICATIONS The Instruction to Bidders , these General Conditions , the Special Conditions and the Technical Provisions. • SUBCONTRACTOR An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for work on the Project. WORK Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the Contractor, including the furnishing of all labor, materials, equipment, and other items cited in the Contract Documents . GC-4 ARTICLE 2. PRECONSTRUCTION CONFERENCE Before starting work on the project, a conference will be held to review schedules , establish procedures, and establish a working understanding between the parties as to the project. The Contractor will submit to the Engineer for approval, an estimated progress schedule, indicating the starting and completion dates of the various stages of the work. The contract time shall commence on the date agreed upon between the Engineer and the Contractor. Prior to starting the work, the Contractor will furnish the Owner and Engineer certificates of insurance as required by the specifications . ARTICLE 3. INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS It is the intent of the Specifications and Drawings to describe ® a complete project to be constructed in accordance with the Contract Documents . The Contract Documents comprise the entire Agreement between the Owner and the Contractor. They may be altered only by a Modification. The Contract Documents are complementary--what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error, or discrepancy in the Contract Documents , he will call it to the Engineer's attention in writing before proceeding with the work affected. In resolving such conflicts, errors, and discrepancies, the documents shall be given priority in the following order: Agreement, Specifications , Drawings. Within the Specifications, the order of priority shall be as follows : Special Conditions, Instruction to Bidders , General Conditions , Technical Provisions . Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result, shall be supplied whether or not it is specifically called for. Work, materials, or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. The Contractor assumes full responsibility for having familiarized himself with the nature and extent of the Contract Documents , work, locality, and local conditions that may in any manner affect the work to be done. GC-5 • ARTICLE 4. COPIES OF DOCUMENTS AND RECORD DOCUMENTS The Town will furnish the Contractor three copies of the Specifications and Drawings. Additional copies will be furnished, upon request, at the cost of reproduction. The Contractor will keep the record copy of all Specifications, Drawings, Addenda, Modifications , and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the Engineer and shall be delivered to him upon completion of the project. ARTICLE 5. SEPARATE CONTRACTS The Town may award other contracts in the vicinity of the work which may proceed simultaneously with the execution of this Contract . The Contractor shall perform his work, causing as little interference with other contractors as circumstances will permit. ARTICLE 6. SUBCONTRACTS Prior to the execution and delivery of the Agreement, the successful Bidder will submit to the Engineer for acceptance a list of the names of Subcontractors and other persons and organizations proposed for portions of work. Prior to the execution and delivery of the Agreement, the Engineer will notify the successful Bidder, in writing, if the Engineer has reasonable objection to any Subcontractor, person, or organization on such list. If the Engineer has no objection to any Subcontractor, person, or organization on the list, the Contractor shall be notified of acceptance of such Subcontractor, person, or organization. Acceptance of any such Subcontractor, person, or organization shall not constitute a waiver of any right of the Engineer to reject defective work, material, or equipment not in conformance with the requirements of the Contract Documents. GC-6 ARTICLE 6. (Continued) The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them. Nothing in the Contract Documents shall create any contractual relationship between any Sub- contractor and the Town, or any obligation on the part of the Town to pay or to see to the payment of any monies due any Subcontractor, except as may otherwise be required by law. The Contractor agrees to specifically bind every Subcontractor to all of the applicable terms and conditions of the Contract Documents, Every Subcontractor, by undertaking to perform any of the work, will thereby automatically be deemed to be bound by such terms and conditions. ARTICLE 7 .. MATERIALS, EQUIPMENT, AND LABOR The Contractor will provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools , appliances, fuel, power, light, heat, telephone, water and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the work. All materials and equipment will be new. If required by the Engineer, the Contractor will furnish satisfactory evidence as to the kind and quality of materials and equipment. Wherever in these Contract Documents a particular brand, make of material, device, or equipment is shown or specified, such brand, make of material, device, or equipment shall be regarded as standard. Where such items are specified, this shall not be interpreted to preclude. the furnishing of items other than those specified where the quality, use, and serviceability of the substitute is judged by the Engineer to be the same or equal to the standard. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise specifically provided in the Contract Documents . GC-7 ARTICLE 8. PATENT FEES AND ROYALTIES The Contractor will pay all license fees and royalties , and assume all costs incident to the use of any invention, design, process , or device which is the subject of patent rights or copyrights held by others . He will indemnify and hold harm- less the Owner and the Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses arising out of any infringement of such rights during or after completion of the work, and shall defend all such claims in connection with any alleged infringe- ment of such rights. ARTICLE 9. PERMITS, LAWS, AND REGULATIONS The Contractor will secure and pay for all construction permits and licenses. The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the work. If the Contractor observes that the Specifications or Drawings are at variance with any of the above, he will give the Engineer prompt written notice of such contradiction and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the Engineer, he will bear all costs arising from such work. ARTICLE 10. AVAILABILITY OF LANDS: PHYSICAL AND SUBSURFACE CONDITIONS The Owner will provide, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands upon which the work is to be done, rights-of-way for access to the work, 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 Owner, unless otherwise specified in the Contract Documents. If the Contractor believes that any delay in the Owner's furnishing these lands or providing such easements entitles him to an extension of the Contract Time, he may make a claim as provided in the Contract Documents . The Contractor will provide all additional lands and access that may be required for temporary construction facilities or storage of materials and equipment. GC-8 ARTICLE 10. (Continued) Subsurface information which may be contained in these Contract Documents has been developed from the best available records-- the accuracy of which cannot be guaranteed. If, in the course of construction, conditions are found which result in changes or alignment and delays necessitating the rescheduling of the Contractor's operation, such changes in alignment or rescheduling of operations shall not constitute the basis of a claim for extra payment. It is anticipated that the Contractor will provide for contingencies which may confront him throughout the execution of the work, in the preparation of his bid. ARTICLE 11. ENGINEER'S CONTROL In the performance of the work, the Contractor shall abide by all orders, directions , and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, and at such time and places, by such methods and in such • manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Contract Documents and Change Orders and shall decide all other questions in connection with the work. The enumeration herein or elsewhere in the Contract Documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed, but without exception all the work shall be governed and so performed. GC-9 ARTICLE 12, AUTIRITY AND DUTIES OF INSPECTORS Inspectors employed by the Owner or the Engineer shall be authorized to inspect all work done and material furnished. Such inspection may extend to all or any part of the work, and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have authority to reject material or suspend the work until the question at issue can be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications, nor to approve or to accept any portion of the work, nor issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. Any advice which the Inspector may give the Contractor shall in no circumstance be construed as binding the Engineer or Owner in any way nor releasing the Contractor from fulfillment of the terms of the Contract. ARTICLE 13, TESTS AND INSPECTIONS If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness for such inspections. The Contractor will furnish the Engineer the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. Any work which fails to meet the requirements of any such test, inspection, or approval, and any work which meets the require- ments of any such test or approval, but does not meet the requirements of the Contract Documents, shall be considered defective. Such defective work may be rejected, corrected, or accepted as provided. GC-10 ARTICLE 13. (Continued) Neither observations by the Engineer, nor inspections , tests, or approvals by persons other than the Contractor, shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents, ARTICLE 14. SHOP DRAWINGS AND SAMPLES After checking and verifying all field measurements, the Contractor will submit to the Engineer for approval, in accordance with the accepted schedule of Shop Drawing submissions, five copies (or at the Engineer's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Engineer may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and the like, to enable the Engineer to review the information as required. The Contractor will also submit to the Engineer for approval, so as to cause no delay in work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of the Contractor, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. At the time of each submission, the Contractor will, in writing, call the Engineer's attention to any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents. The Engineer will check and approve with reasonable promptness Shop Drawings and samples, but his checking and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents, The approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor will make any corrections required by the Engineer and will return the required number of corrected • copies of Shop Drawings and resubmit new samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the Engineer on previous submissions. GC-11 ARTICLE 14. (Continued) No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been approved by the Engineer. The Engineer's approval of Shop Drawings or sample shall not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has , in writing, called the Engineer's attention to such deviations at the time of submission and the Engineer has given written approval to the specific deviation, nor shall any approval by the Engineer relieve the Contractor from responsibility for errors or omissions in the Shop Drawings. ARTICLE 15. CONTRACTOR'S_ SUPERVISION AND SUPERINTENDENCE The Contractor will supervise and direct the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences , and procedures of construction. Before undertaking the work, he will carefully study and compare the Contract Documents and check and verify all figures shown thereon and all field measurements. He will at once report, in writing, to the Engineer any conflict, error, or discrepancy which he may discover. The Contractor will be responsible to see that the finished work complies accurately with the Contract Documents , The Contractor will keep on the work at all times during its progress, a resident superintendent satisfactory to the Engineer. The superintendent shall not be replaced without the consent of the Engineer except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. The Engineer will not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of his or their agents or employees, or any other persons performing iany of the work. GC-12 ARTICLE *16. . SAFETY AND PROTECTION EMERGENCIES The Contractor will be responsible for initiating, maintai.ning, and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: l.. All employees on the work- and other persons who may be affected,by the work. 2 All the work and.-all materials. or equipment to be incorporated, whether in storage on or off the site 3. Other, property at, or adjacent 'to, the site----including trees,_. shrubs, lawns, 'walks, paven.ents, roadways,- structures-- and utilities not designated for removal. relocation =or replacement in the course of construction--- materials - No: or other_obstruction .shall be placed within 15 -feet- . of dny fire hydrant, which_.at all times must be readily accessible to -the Fire Department_ The Contractor shall also be responsible for fulfilling the Federal_ 'Williams-=Steiger occupational.. Safety and Health.Act, " U.Sf Department of Labor Occupational~ Safety and Health Administration, and. the- State of Connecticut Substitute House Bill_ Nd... 8210, Public Act No. 73-379. The Contractor will comply with all applicable lass, ordinances, rules, _.regulat ons and orders of- any public body having jurisdiction for the safety of persons or property or to nrn# o3,e- ° i Hein frnTm ,e3antnno and maintain, as required-by the conditions and progress of the work, all necessary safeguards for safety and protection, including posting danger signs and other warnings against. hazards<ar_d :promulgating_ safety regulations.. -He-.will notify owners of adjacent utilities when prosecution of _ the work may affect. them. When the._use or storage of explosives.- or .other hazardous materials is necessary for the work, the Contractor will exercise the utmost care and will carry on such activities under the supervision of properly qualified personnel Al _ damage, . ir_jury, or loss to any property referred to in the above paragraphs caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for :chose acts any of then: may be liable, will be re-liedied by the Contractor. . GC-13 ARTICLE 16. (Continued) In emergencies affecting the safety of persons or the work or property at, or adjacent to, the site, the Contractor, without special instruction or authorization from the Engineer or Owner, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. ARTICLE 17 . ACCESS TO THE WORK - UNCOVERING FINISHED WORK The Engineer and his representatives will at all times have access to the work. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection, or testing by others. ® If any work is covered contrary to the request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor' s expense. If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered, or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the Engineer's request, will uncover, expose, or otherwise make available for observation, inspection, or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, material and equipment. If it is found that such work is defective or does not meet the requirements of the Contract Documents, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate Change Order shall be issued deducting all such costs from the Contract Price. If, however, such work is found to be nondefective and meet the requirements of the Contract Documents, the Contractor will be allowed an increase in the Contract Price or extension of the Contract Time directly attributable to such uncovering, ® exposure, observation, inspection, testing, and reconstruction if he makes a claim therefor as provided hereafter. GC-14 ARTICLE 18, CHANGE IN THE WORK Without invalidating the Agreement, the Owner may, at any time, order additions, deletions, or revisions in the work. These will be authorized by Change Orders. Upon receipt of a Change Order, the Contractor will proceed with the work involved. All such work shall be executed under the applicable conditions of the Contract Documents. If any Charge Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made. The Engineer may authorize minor changes or alterations in the work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the Contractor believes that any minor change or alteration authorized by the Engineer entitles him to an increase in the Contract Price, he may make a claim. Additional work performed by the Contractor without authoriza- tion of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in these Conditions . It is the Contractor' s responsibility to notify his Surety Company of any changes affecting the general scope of the work or change in the Contract Price. The amount of the applicable Bonds shall be adjusted accordingly. The Contractor will furnish proof of such adjustment to the Owner, ARTICLE 19, CHANGE ORDERS The value of any work covered by a Change Order shall be determined in one of the following ways : 1. Where the work involved is covered by unit prices contained in the Contract Documents, application of unit prices to the quantities of the items involved shall be made. GC-15 ARTICLE 19. (Continued) 2. By mutual acceptance of a lump sum. 3. By cost and a mutually acceptable fixed amount for overhead and profit. 4. If none of the above methods is agreed upon, the value shall be determined by the Engineer on the basis of costs and a percentage for overhead and profit. Costs shall only include labor, materials, equipment, and other incidentals directly related to the work involved. In such case, the -Contractor will submit in form prescribed by the Engineer, an itemized cost breakdown together with supporting data. The maximum percentage which shall be allowed for Contractor's combined overhead and profit, shall be as follows: a. For all such work done by his own organization, the Contractor may add up to ten percent of his actual net increase in costs, and b. For all such work done by Subcontractors, each Subcontractor may add up to ten percent of his actual net increase in costs for combined overhead and profit and the Contractor may add up to five percent of the Subcontractor's total for his combined overhead and profit; provided that no overhead or profit shall be allowed on costs incurred in connection with premiums for public liability insurance or otherwise special insurance directly related to such work. The amount of credit to be allowed by the Contractor to the Owner for any such change which results in a net decrease in cost, will be the amount of the actual net decrease as deter- mined by the Engineer. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. GC-16 ARTICLE 20, CHANGE OF CONTRACT TIME The Contract Time may only be changed by a Change Order. If the Contractor is entitled by the Contract Documents to make a claim for an extension in the Contract Time, his claim shall be in. writing delivered to the Engineer within ten days of the occurrence of the event giving rise to the claim. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. The Contract Time shall be extended in an amount equal to time lost due to delays beyond the control of the Contractor if he makes a claim- as provided in the paragraph above. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by the Owner, fires, floods, labor disputes, epidemics , abnormal weather conditions, or acts of God. ARTICLE 21. WARRA14TY AND GUARANTEE ® The Contractor warrantees and guarantees to the Owner and the Engineer that all materials and equipment will be new unless otherwise specified. All work will be of good quality and free from faults or defects and in accordance with the require- ments of the Contract Documents. All unsatisfactory work, all faulty or defective work, and all work not conforming to the requirements of the Contract Documents or of such inspections, tests, or approvals shall be considered defective. Prompt notice of all defects s nall be given to the Contractor. All defective work, whether or not in place, may be rejected. If required by the Engineer prior to the issuance of the certificate of completion, the Contractor will promptly, without cost to the Owner and as required by the Engineer, correct any defective work--whether or not fabricated, installed or completed. If the work has been rejected by the Engineer, the Contractor will remove it from the site and replace it with nondefective work. If the Contractor does not correct any such defective work or remove and replace such rejected work within a reasonable time, as required by written notice from the Engineer, the Owner may have the deficiency corrected or the rejected work removed and replaced. All direct or indirect costs of such correction or removal and GC-17 ARTICLE 21, (Continued) replacement, including compensation for additional professional services shall be paid by the Contractor, and an appropriate Change Order shall be issued deducting all such costs from the Contract Price, The Contractor will also bear the expense of making good all work of others destroyed or damaged by his correction, removal, or replacement of his defective work. if, after the approval of final payment and prior to the expiration of one year after the date of completion, any work is found to be defective, the Contractor will promptly, without cost to the Owner and in accordance with the Owner's written instructions, either correct such defective work, or, if it has been rejected by the Owner, remove it from the site and replace it with non-defective work. If the Contractor does not promptly comply with the terms of such instructions , the Owner may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, will be paid by the Contractor. It is agreed that the Owner shall withhold 2% of the final payment for a period of one year after the date of completion, which shall be the warranty and guarantee period. ARTICLE 22. APPLICATIONS FOR PROGRESS PAYMENTS The Contractor will submit to the Engineer for review, the Application for Payment filled out and signed by the Contractor covering the work completed. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such supporting data, satisfactory to the Owner, which will establish the Owner's title to the material and equipment and protect his interest, including applicable insurance. The Contractor warrantees and guarantees that title to all work, materials, and equipment covered by an Application for Payment, whether incorporated in the Project or note will have passed to the Owner prior to the making of the GC-18 ARTICLE 22. (Continued) Application for Payment, free and clear of all liens, claims, security interests, and encumbrances. No work,materials,or equipment covered by an Application for Payment will have been acquired by the Contractor or by any other person performing the work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest or encumbrance is retained by the seller, or otherwise imposed by the Contractor on other persons. The Engineer will, within ten days after receipt of each Application for Payment, either indicate in writing his approval of payment, or return the Application to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. The amount paid the Contractor shall be the amount due, less 10% retainage. The retainage shall be held by the Owner until completion of the work except that after the value of acceptable work completed is more than 50% of the total bid, no additional • retainage will be deducted from monthly payments. ARTICLE 23. CERTIFICATES OF COMPLETION AND FINAL PAYMENT Upon written notice from the Contractor that the Project is complete, the Engineer will make a final inspection with the Contractor and will notify the Contractor, in writingsof any particulars in which this inspection reveals that the work is defective. The Contractor shall immediately make such corrections as are necessary to remedy such defects. After the Contractor has completed any such corrections to the satisfaction of the Engineer, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and other documents as required by the Contract Documents, the Owner will issue a certificate of completion and the Contractor may make application for final payment following the procedure for progress payments . The final Application for Fayment shall be accompanied by such supporting data as the Engineer may require, together with complete and legally effective releases or waivers of all liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished. In lieu of, and as approved by the Owner, the Contractor may furnish receipts or releases in full; an GC-19 ARTICLE 23. (Continued) affidavit by the Contractor that the releases and receipts include all labor, services, material, and equipment for which a lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety if any, to final payment. If any Subcontractor or supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the Owner to indemnify him against any lien. If, on the basis of his observation and review of the work during construction, his final inspection and his review of the final Application for Payment - all, as required by the Contract Documents, the Engineer is satisfied that the work has been completed and the Contractor has fulfilled all of his obligations under the Contract Documents, he will indicate in writing his approval for payment. Otherwise, he will return the Application to the Contractor, indicating in writing his reasons for refusing to approve final payment, in which case the Contractor will make the necessary corrections and resubmit the Application. Final payment shall constitute 98% of the final contract amount. The remaining 2% will be payable in accordance with Article 21 "Warranty and Guarantee, Removal or Acceptance of Defective Work." ARTICLE 24. WAIVERS OF CLAIMS AND CONTINUING OBLIGATIONS The Contractor's obligation to perform the work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by the Engineer, nor any payment by the Owner to the Contractor under the Contract Documents, nor any use or occupancy of the Project or any part thereof by the Owner, nor any act of acceptance by the Owner nor any failure to do so, nor any correction of faulty or defective work by the Owner. shall constitute an acceptance of work not in accordance with the Contract Documents. GC-20 ARTICLE 24. (Continued) The making and acceptance of final payment shall constitute : 1. A waiver of all claims by the Owner against the Contractor other than those arising from unsettled liens, from faulty or defective work appearing after final payment or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees. 2. A waiver of all claims by the Contractor against the Owner other than those previously made in writing and still unsettled. ARTICLE 25. INDEMNIFICATION The Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses, and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the itself) including the loss of use resulting therefrom and (2) is caused in. whole or in part by any negligent act or omission of the Contractor, 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 it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this ar icle shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. GC-21 • ARTICLE 25. (Continued) The obligations of the Contractor under this article shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions ; or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees provided such giving or failure to give is the primary cause of injury or damage. ARTICLE 26. CLEANING UP The Contractor will keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the work, and at the completion of the work, he will remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and will leave the site clean and ready for occupancy by the Owner. The Contractor will restore to their original condition those portions of the site not designated • for alteration by the Contract Documents . ARTICLE 27. OWNER'S RIGHT TO STOP OR SUSPEND WORK If the work is defective, or the Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, or if the Contractor fails to make prompt payments to Subcontractors or for labor, materials or equipment, the Owner may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. The Owner may, at any time and without cause, suspend any portion of the work by notice in writing to the Contractor. The Owner shall also fix the date on which the work shall be resumed. The Contractor will resume the work on the date so fixed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time directly attributable to any suspension if he makes a claim as provided in the General Conditions. GC-22 ARTICLE 28, OWNER'S RIGHT TO TERMINATE i If the Contractor is judged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of his property, or if he files a petition to take advantage of any debtors' act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials, or equipment; or if he disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction, or if he disregards the authority of the Engineer, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his surety seven days written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. Where the Contractor's services have been so terminated by the Owner, the termination shall not affect any rights of the Owner against the Contractor,. then existing, or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from liability. Upon seven days written notice to the Contractor and the Engineer, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the Contractor shall be paid for all work executed and any expense sustained plus a reasonable profit. GC-23 ARTICLE 29. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any Application for Payment within thirty days after it is submitted, or the Owner fails to pay the Contractor any sum approved by the Engineer within thirty days of its approval and presentation, then the Contractor may, upon seven days ' written notice to the Owner and the Engineer, terminate the Agreement and recover from the Owner payment for all work executed and any expense sustained plus a reasonable profit. In addition, and in lieu of terminating the Agreement, if the Engineer has failed to act on an Application for Payment or the Owner has failed to make any payment, the Contractor may, upon seven days notice to the Owner, stop the work until he has been paid all amounts then due. ARTICLE 30, PROVISIONS REQUIRED BY LAW DEEMED INSERTED • Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted and the contract shall be read and enforced as though it were included; and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either the Owner or the Contractor, the contract shall be physically amended to make such insertion. ARTICLE 31, CONTRACT SECURITY The Contractor shall furnish a surety bond acceptable to the Owner 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 Owner and authorized to do business in the State of Connecticut. GC-24 ARTICLE 32, CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE The Contractor shall, after being awarded the contract, but prior to starting work, furnish Certificates of Insurance--including automobile, or property damage liability, bodily injury liability, and workmen's compensation insurance in the following amounts : Property Damage (including automobile) Each Accident : Not less than $ 25,000. Bodily Injury (including automobile) Each Person: Not less than $100,000. Each Accident: Not less than $300,000. Workmen's Compensation as required by law. The above insurance requirements shall also apply to all Subcontractors, and the Contractor shall not allow any Subcontractor to commence work until the Subcontractor's insurance has been so obtained and approved.