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CONTRACT DOCUMENTS For Clear Cutting and Land Grading Trees and Brush on the Barton Open Space TOWN OF SOUTH WINDSOR, CONNECTICUT OCTOBER 2015

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CONTRACT DOCUMENTS

For

Clear Cutting and Land Grading

Trees and Brush on the Barton Open Space

TOWN OF SOUTH WINDSOR, CONNECTICUT

OCTOBER 2015

TOWN OF SOUTH WINDSOR

1540 SULLIVAN AVENUE

SOUTH WINDSOR, CONNECTICUT 06074

INVITATION TO BID

Notice is hereby given that the Town of South Windsor, Connecticut shall accept sealed bids for the following:

Clear Cutting and Land Clearing and Grading

On the Barton Open Space

Bids shall be accepted at the Office of the Town Manager, Town Hall, 1540 Sullivan Avenue, South Windsor, CT until 11:00 am on November 4, 2015 at which time said bids shall be opened. Bids shall be in a sealed envelope marked with appropriate bid name. “Specifications” and “Bid Forms” may be obtained at the above address in the Office of Public Works. The Town reserves the right to accept or reject any and all bids. An Affirmative Action/Equal Opportunity Employer. Minority/Women’s Business Enterprises are encouraged to apply. ______________________________ Matthew B. Galligan Town Manager

INTENT OF CONTRACT

The Town of South Windsor is accepting bids to have all the trees, branches and brush, cut and removed, topsoil stripped and subsoil graded within the area described in the attached bid documents. This Contract is intended to describe a complete process using standard methods, availability of materials and professional workmanship described in detailed specifications and seeks to achieve competitive bids for similar process from various vendors. These specifications describe the minimum qualifications for our needs. Vendors who meet and/or exceed these qualifications may be considered.

Any questions in regards to this bid call the Environmental Planner, Jeff Folger at (860)-644 -2511 x229 or the Tree Warden for Open Space Properties, John Caldwell at (860) 648-6366.

GENERAL CONDITIONS

1. The Town of South Windsor reserves the right to reject any or all bids, if deemed not in the best interest of the Town.

2. Minor variations to the specifications will not disqualify a bid from consideration. The

South Windsor Tree Warden for Open Space properties will make that determination. All variations will be noted on bid sheets.

3. All Federal and State laws and regulations must be complied with. 4. All work will be completed by January 30, 2016 (weather dependent). 5. All work will be performed according to specifications included in this bid. 6. The South Windsor Environmental Planner, or the Tree Warden for Open Space will

approve all work before any payment will be made. 7. Contractor will provide a Certificate of Insurance for Worker’s Compensation, Motor

Vehicle, and General Liability naming the Town of South Windsor and the State of Connecticut as additionally insured

General Liability

Shall have a minimum of: $1,000,000 General Aggregate $1,000,000 Product- Comp/op Agg $1,000,000 Personal & Adv. Injury $1,000,000 Each Occurrence

Automobile Liability

Shall have a minimum of $1,000,000-combined single limit.

Worker’s Compensation and Employer’s Liability Statutory Limits. 8. Contractor is responsible for all property damage. 9. Contractor is responsible for all security of their own supplies, equipment and motor

vehicles. 10. The contractor shall indemnify and hold harmless the Town of South Windsor and the

State of Connecticut against any liability, which might result from the proposed operation or use.

INSTRUCTIONS TO BIDDERS

1. Proposals must be submitted to the Office of the Town Manager in sealed envelopes marked “Bid – Tree Removal and Grading” on, or before the date and time specified in the “Invitation to Bid.”

2. Proposals must be made in ink on the forms provided in the Bid Documents.

3. BID BOND: The Bid must be accompanied by a Bid Bond which shall be not less than ten

(10) percent of the amount of the Grand Total of All Bid Prices. Bid Bond shall be prepared in the form of the sample Bid Bond hereto attached, duly executed by the Bidder as principal and having a surety thereon which shall be acceptable by the Town. Certified checks or bank drafts will be accepted. Bid securities will be returned to all except the three lowest bidders within five days, Saturdays, Sundays, and legal holidays excluded after opening of bids, and the remaining securities of the bidders will be returned promptly after the Owner and the accepted bidder have executed the Contract, or if all bids are rejected.

4. Each deposit shall be held by the Town as security for the fulfillment of the bidder's

promises as set forth in his Proposal – that he will not withdraw his proposal while it is being considered, and will execute the Contract Agreement.

5. Unless it shall become the property of the Town, said deposits shall be returned to the

bidder hereinafter provided.

Deposits will be returned to all except the three lowest bidders within three (3) days (Saturdays, Sunday, and legal holidays excluded) after the formal opening of bids; and to the second and third lowest bidders after the Town and the accepted bidder have executed the contract. In the event that the contract has not been executed by both the accepted bidder and the Town within 30 calendar days after opening of the bids, the check deposit will be returned promptly upon demand of any bidder who has not been notified of the acceptance of his bid.

6. Upon delivery to the Town of a duly executed written notice, bids may be withdrawn at

any time prior to the designated time for the opening of bids.

7. Unless a Proposal is formally withdrawn, it shall be deemed open for acceptance until the Contract Agreement has been executed by both parties thereto, or until the Town manifests that it does not intend to accept the Proposal. Notice of acceptance of a proposal shall not constitute rejection of any other Proposal.

8. The right is reserved to reject any one or all bids, if deemed in the best interest of the

Town of South Windsor.

9. AWARD OF CONTRACTS: The Contract will be awarded to the responsible bidder submitting the lowest mathematically correct Bid Prices on the Proposal and complying with the conditions of these Contract Documents.

The Bidder to whom the award is made will be notified at the earliest possible date. The successful Bidder shall execute and deliver to the Town, within ten (10) business days of the date of the Notice of Award, an Agreement in the form included in the Contract Documents, in such number as the Town may require. In judging the lowest responsible bidder, the Town shall consider the quality of work performed by the Contractor in the past, the Contractor's dependability, and his ability to perform the work in accordance with these specifications. The Town reserves the right to reject any or all proposals whenever it deems it to be in the best interest of the Town.

10. The successful Bidder shall also provide, in triplicate, within ten (10) business days of

the date of the Notice of Award, by a company satisfactory to the Town, a Labor and Material (Payment) Bond and a Performance Bond, each equal to 100 percent of the mathematically correct Bid Prices on the Proposal. Surety Bonds shall be in accordance with sample forms attached to Contract Documents.

11. SUBSURFACE CONDITIONS: All information given on Drawings which will be

used under this Contract relating to subsurface conditions and existing pipes and other structures, will be from best sources at present available to the Town. All such information and drawings of existing construction will be furnished only for information and convenience of Bidders.

12. WITHDRAWAL OF BIDS: No bidder may withdraw their bid for 30 days, Saturdays,

Sundays and Holidays excluded after the bid opens. Should there be reasons why the contract cannot be awarded within the specified period; the time may be extended by mutual agreement between the Owner and the Bidder.

13. BID ITEMS: The Town reserves the right to alter quantities or delete bid items or

portion of bid items for any reason deemed advisable and to be in the best interests of the Town. Deletions and alterations shall not be considered as a waiver of any other conditions of the Contract nor to invalidate any provisions thereof. The Contractor shall accept payment in full at the contract price for actual quantities of work performed.

14. Workmanship determined to be below the standards herein specified will not be accepted nor paid for until corrected and/or replaced as required by the Town Engineer or his designated representative. It is the intent of the Town of South Windsor that the work specified herein be awarded only to a company having experienced personnel and the proper equipment.

15. A pre-construction meeting will be held with the South Windsor Public Works, Parks

and Recreation, and Police departments prior to the “Notice to Proceed”. The contractor shall have present at the meeting those individuals responsible for administration of the contract and those responsible for construction.

16. All surplus or unsuitable material or structures must be removed from the site and

disposed of in an approved manner, at a dump site that can legally accept this material. Town of South Windsor does not have a dumpsite. All costs shall be contractor's responsibility.

17. Construction shall be in compliance with all OSHA requirements.

18. The Contractor is responsible for maintaining a neat work area at the construction site.

This shall include but not be limited to picking up and neatly piling tools, materials and equipment, daily clean-up and dust control, sweeping and removal of dirt and debris, and maintaining unobstructed access for vehicles and pedestrians as required. The Engineer will direct the contractor as necessary in this responsibility.

QUALIFICATIONS OF BIDDER

The Bidder is required to submit on the following pages the information required in regard to his qualifications for the work. A. Previous experience (number of years) . B. The location, character, cost, date and names of engineers or officials of similar work

previously constructed by the undersigned are as follows: C. The equipment which will be available for performing the work under this contract is as

follows:

Own equipment: Rented Equipment:

QB-1

D. The financial resources of the undersigned with reference to show his financial ability are as follows:

E. The undersigned has failed to complete satisfactorily the following contracts, including

also those in which the surety has participated. If there have been no contracts which the bidder has failed to complete satisfactorily, including also those in which the surety has participated, the bidder shall definitely so state.

Name of Bidder Address

QB-2

F. Bidder shall submit information on this sheet indicating Municipalities for whom Bidder has executed similar work and/or others, for a minimum period of three years. Failure to complete this sheet may be cause for rejection of bid.

1. Municipality Name:

Location (City, State):

Contact Person:

Telephone No.:

Year Work Performed:

2. Municipality Name:

Location (City, State):

Contact Person:

Telephone No.:

Year Work Performed:

3. Municipality Name:

Location (City, State):

Contact Person:

Telephone No.:

Year Work Performed:

4. Municipality Name:

Location (City, State):

Contact Person:

Telephone No.:

Year Work Performed:

5. Municipality Name:

Location (City, State):

Contact Person:

Telephone No.:

Year Work Performed:

QB-3

QUALIFICATIONS OF SUBCONTRACTORS

The Bidder is required to submit on the following information required in regard to Subcontractors. A. Approximate listing of Subcontractors which may perform work included under this

project and their area of involvement: B. The location, character, cost, date and names of officials of similar work previously

constructed by the subcontractors as listed above: Name of Bidder Address

QB-4

AGREEMENT THIS AGREEMENT, made this day of , 2015 by and between the Town of South Windsor, acting herein through its Town Manager, hereinafter called

“Owner”, and , a Corporation of the City of

, County of 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 performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the Project described as follows:

BARTON OPEN SPACE CLEARING AND GRADING

BROOKFIELD STREET

hereinafter called the PROJECT, for the unit prices quoted and all extra work in connection therewith, under the terms as stated in the Proposal attached hereto of the Contract; and at his (its or their) own proper cost equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Proposal and the Contract Documents described as follows:

BARTON OPEN SPACE CLEARING AND GRADING

BROOKFIELD STREET The Contractor hereby agrees to commence 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 project within timeframes indicated in Instructions to Bidders “Time of Completion”. The Owner agrees to pay the Contractor in current funds for the performance of the Contract, subject to additions and deductions, as provided in the contract documents, and to make payments on account thereof as provided in the contract documents. The Owner reserves its rights to additional damages for any other breach of Contract or failure of performance.

The Contractor agrees to carry liability, workers compensation and such other insurance as may be required by and to the satisfaction of the Owner and shall provide owner with evidence of same.

CA-1

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 WINDSOR, CT (Witness) (Owner) By: (Witness) Matthew B. Galligan Town Manager (Seal) (Contractor) By: (Representative) Address

CA-2

CORPORATE SEAL CORPORATION OFFICERS: President Treasurer General Manager PARTNERSHIP: 1. Residence Address 2. Residence Address 3. Residence Address INDIVIDUAL: Name (Residential address if different than business address)

CA-3

Bond No. _____________

BID BOND KNOW ALL PEOPLE BY THESE PRESENTS, that we the undersigned,

_____________________________________________________________________ As PRINCIPAL, and

_____________________________________________________ as SURETY are held firmly bound unto the Town of South Windsor, Connecticut hereinafter called the “Town”, in the penal sum of

Dollars,

($___________________), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has been submitted the Accompanying Bid, dated , 2015; NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening and shall within the period specified therefore, or if no period be specified within ten (10) days after the prescribed forms are presented to him for the signature, enter into a written Contract with the Town in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such contract shall pay the Town the difference between the amount specified in said Bid and the amount for which the Town may procure the required work or supplies or both; if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

B-1

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of , 2015, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. In the presence of (SEAL) (Individual Principal)

____________________________ (Business Address)

_____________________________ (SEAL) (Partnership)

(Business Address)

By: __________________________ Attest: ________________________ (Corporate Principal)

(Business Address)

By: _________________Affix Corp.

_____________________Seal

_________________________ ________________________

Attest:

_________________________ ___________________________

(Corporate Surety)

By: _____________________Affix Corp.

_____________________Seal

_________________________

Countersigned By: ______________________ _____________________________________________________________________ (Power-of-Attorney for person signing for Surety Company must be attached to bond.)

B-2

Bond No.

LABOR AND MATERIAL PAYMENT BOND

Note: This bond is issued simultaneously with another bond in favor of the Town of South Windsor, Connecticut conditioned for the full and faithful performance of the Contract.

KNOW ALL PEOPLE BY THESE PRESENTS: That As principal, hereinafter called Principal, and _________________________, as Surety, hereinafter called Surety, are held and firmly bound unto the Town of South Windsor, Connecticut, claimants as herein below defined, in the amount of Dollars ($________________), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a Contract with the Town for

BARTON OPEN SPACE CLEARING AND GRADING

BROOKFIELD STREET Made a part hereof, and is hereinafter referred to as the Contract. 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, the, 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, 49-42 and 49-43 of the 1958 Revision of the General Statutes and the 1961 Supplement thereto, of the State of Connecticut, and the rights and liabilities hereunder shall be determined and limited by the said sections to the same extent as if they were copies at length herein. Signed and sealed this day of , 2015. In the presence of: (SEAL) (Principal) BY: (SEAL) (Surety)

BY:

B-3

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of , 2015, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. In the presence of (SEAL) (Individual Principal) (Business Address) (SEAL) (Partnership) (Business Address) BY: Attest: (Corporate Principal) (Business Address) BY Affix

Corporate Seal Attest: (Corporate Surety) Affix

Corporate Seal Countersigned BY:

(Power-of-Attorney for person signing for surety company must be attached to bond).

B-4

(ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION)

State of ) ss: , 2015 County of ) On this day of before me personally

came and appeared to me known, who, being by me

duly sworn, did depose and say that he resided at

that he is the _______________ of the

corporation described in and which executed the foregoing instrument; that he knows the seal of

said corporation; that one of the impressions affixed to said instrument is an impression of such

seal; that it was so affixed by order of the directors of said corporation, and he signed his name

thereto by like order.

Notary Public (SEAL) (ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHIP) State of ) ss: , 2015. County of ) On this day of before me personally

came and appeared to me known and known

to me to be one of the members of the firm of

, described in and who executed the foregoing instrument and he acknowledged to me that he

executed the same as and for the act and deed of said firm.

Notary Public (SEAL)

B-5

(ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL)

State of ) ss: , 2015. County of ) On this day of before me personally came and appeared to me known, and known to me to be the person described in and who executed the foregoing instrument and acknowledge that he executed the same. Notary Public (SEAL)

B-6

Bond No. ________________

PERFORMANCE BOND

KNOW ALL PEOPLE BY THESE PRESENTS:

That ________________________________________________________as Principal, Hereinafter called Principal, and ___________________________________________ as Surety, hereinafter called Surety are held and firmly bound unto the Town of South Windsor, Connecticut, as Obligee, hereinafter called Town, in the amount of

Dollars,($___________________), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated _________________entered into a Contract with the town for

BARTON OPEN SPACE CLEARING AND GRADING

BROOKFIELD STREET

which Contract is by reference made a part hereof, and is

hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly and faithfully perform said Contract then this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Town. Whenever Principal shall be, and declared by the Town to be in default under the Contract, the Town having performed Owner’s obligations there under, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions; or, 2. Obtain a bid or bids for submission to the Town for completing the Contract in accordance with its terms and conditions, and upon determination by the Town and Surety of the lowest possible bidder, arrange for a Contract between such bidder and the Town, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not the exceeding, including, other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The terms “balance of the Contract price”, as used in this paragraph,

shall mean the total amount payable by the Town to Principal under the Contract and any amendments thereto, less the amount properly paid by the Town to the Principal.

B-7

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Town named herein or the heirs, executors, administrators or successors of Town. Signed and sealed this _____________ day of , 2015. In the Presence of: _________________________ ______________________(SEAL) (Principal) _________________________ By: ________________________ _________________________ ______________________(SEAL) _________________________ By: ________________________

B-8

Town of South Windsor Tree and Brush Clear Cut and Grading.

Goal

The goal of the project is to clear the property to create a debris storage area and a multi-use turf grass field area suitable for active recreation activities.

Scope of Work:

These detailed specifications apply to all work required to install perimeter erosion controls, clear cut and remove all trees, branches and brush within the specified contract limits, remove stumps, and grade the area smooth.

Location:

Brookfield Street, South Windsor Connecticut. The area to be cleared of trees is approximately 17 acres in size. The clearing will take place on the eastern portion of the property starting approximately 50 from Brookfield St and proceed west along the dirt access road approximately 890 feet to the marker. The clearing will start 100 feet north of the southern property boundary and proceed approximately 840 feet north to the marker. (See aerial map).

Site The site is comprised of an approximately 50-year old stand of white pine trees originally planted 8-10 feet on center, with a dead stand of red pine trees on the southern edge of the work area. A small (1 acre) field exists in the center of the proposed clearing area. The upper portion of the top soil consists of a pine needle duff layer and organic layer ranging from 2 to 10 inches thick. The sub-soil is comprised of a uniform medium sandy material.

Tree and Brush Cutting:

All trees will be cut and the stumps removed. The stumps must be substantially free of soil to minimize soil loss from the site. Remaining root wads must also be removed. All other herbaceous and woody growth must be removed. A staging area must be identified to process and load trees and stumps.

Wood Chips: Woody material can be chipped onsite but must be removed from the site immediately.

Grading

The organic duff must be removed and the area must be graded to produce a uniformly flat surface. The cleared area must be raked to remove roots and any other woody material. The surface must then be prepared so that any compaction that has occurred be eliminated. (See topographic map)

Erosion Control

Erosion controls must be erected to prevent sediment from migrating off site on Town roads or adversely impacting adjacent forested or wetland areas. Erosion controls will consist of perimeter silt fencing and anti-tracking pads. A dust control plan must be included and implemented as needed.

Hours of Operation Hours of operation will be limited to Monday thru Friday from 7am to 5pm. Work on weekends only by approval by the Town.

Payment:

Payment will be based on the actual number of square feet cleared. Measurements will be rounded up or down to the nearest 1000 square foot. Within 7 working days after the Clearing is completed, the Environmental Planner, Tree Warden or Designee will measure the cleared area to determine the actual number of square feet. Payment will be made no later than 30 days after the Town of South Windsor receives an invoice for services that have been approved by the Environmental Planner, or Tree Warden.

Bid For

Tree and Brush

Clear Cutting

Bid Price per 1000 square ft. _____________________________________________ (In Words)____________________________________________________________________________________________ Signature _____________________________________________________________ Name of Firm _________________________________________________________ Address of Firm _______________________________________________________ Telephone ____________________________________________________________ Name of Person authorized to bid__________________________________________