Seymour Fishing Access Lake Dredging RFP

STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF FISH & WILDLIFE REQUEST FOR PROPOSALS Seymour Fishing Access Lake Dredging Morgan, Vermont March 2024 Page 1 of 2 I N D E X INVITATION TO BIDDERS INSTRUCTIONS TO BIDDERS BID PROPOSAL MINORITY/WOMEN BUSINESS ENTERPRISES (M/WBE) CONTACT REPORTING FORM INSTRUCTIONS REGARDING BONDS BID BOND PERFORMANCE BOND PAYMENT BOND GUARANTY BOND FORM CERTIFICATE AS TO CORPORATE PRINCIPAL SAMPLE CONTRACT INCLUDING ATTACHMENTS A&B ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS 12/07/2023 CONSTRUCTION SITE WASTE REDUCTION PLAN SAMPLE CHANGE ORDER MINORITY/WOMEN BUSINESS ENTERPRISES (M/WBE) CONSTRUCTION CONTRACT REPORT CONSTRUCTION EMPLOYMENT REPORT EO – 02-22 – VENDOR CERTIFICATION FORM GENERAL CONDITIONS TECHNICAL SPECIFICATIONS: ITEM SECTION Permits 00890 Scope and Sequence of Work 01014 Control of Work and Materials 01110 Special Provisions 01140 Project Meetings & Coordination 01200 Measurement and Payment 01270 Submittals

and Substitutions 01300 Environmental Protection 01570 Project Closeout 01700 Clean Up 01740 Protection and Repair of Property 02232 Dewatering 02240 Erosion Prevention and Sediment Control 02271 Bituminous Concrete Pavement 02311 Loaming and Seeding 02920 Surface Restoration of Cross Country Areas 02921 PLANS: Page 2 of 2 Seymour Lake Fishing Access Area: Site Plan & Profile Views Existing Lak & Stream Bottom Surface w/ Proposed Dredging Limits Sheet 1 Seymour Lake Fishing Access Area: Ramp Approach Dredging Erosion & Siltation Control Details Sheet 2 Revision Date: July 20, 2023 Page | 1 INVITATION TO BID DEPARTMENT OF BUILDINGS AND GENERAL SERVICES STATE OF VERMONT Contractors are invited to bid on the Seymour Fishing Access Lake Dredging Project for Buildings and General Services on behalf of the Agency of Natural Resources – Fish and Wildlife at 6481 VT Route 111 in Morgan, Vermont. This project consists of, but is not limited to: Installing a geo-textile filter curtain to enclose the work area for building temporary haul roads for the removal of accumulated lake bottom sediment to improve the boat ramp's approach areas, provisions for de-watering of dredged materials and transport to a disposal site chosen by the contractor and approved by the Engineer. Bids will be accepted via email submission to BGS.VTBids@vermont.gov accompanied by proper Bid Security to the Department of Buildings and General Services, until April 24, 2024, at 4:30 PM. Documents may be obtained from Blueprints Etc, 20 Farrell Street, South Burlington VT 05403, by phone at 802- 865-4503, by fax at 802-865-0027 or email to: orders@blueprintsetc.com. Project Manuals and Plans are available for preview at: http://www.blueprintsetc.com in the Public Plan Room. Any and all notifications, releases and addendums associated with this project will be posted at http://www.blueprintsetc.com. There is a non-refundable fee for each set of documents purchased. Fee to Include one (1) Hard Copy & one (1) Digital CD-ROM Copy: $TBD 1. Please be advised that all notifications, releases, and addendums associated with this RFP will be posted on-line in the plan room where the original solicitation resides unless otherwise determined that a hard copy is necessary. The state will make no attempt to contact contractors with updated information. It is the responsibility of each contractor to periodically check the posting site for any and all notifications, releases and addendums associated with the RFP. 2. NOTE: On occasion hard copy addendums may be required due to size or type of media/requirements. If applicable and as determined by the Department of Buildings and General Services, addendums that require hard copy distribution, a copy of such addenda will be mailed or delivered for each set of plans and specifications issued to the bidders, prior to the bid date. However, it is the responsibility of the bidder to be sure they have received all addenda, and must so state the number of addenda they have received on the proposal. 3. If Bidders choose to pull information from other third-party sites, Bidders do so at their own risk as there is one official source of information for documents as indicated above. A non-mandatory pre-bid meeting will be held virtually via Microsoft Teams, on April 3, 2024 at 10:00 AM. Interested individuals need to RSVP, by 3:00 PM on March 29, 2024. RSVP must be made to BGS.OPCVendorDocs@vermont.gov. A link to the pre-bid meeting will be sent on Monday, April 1, 2024. QUESTION AND ANSWER PERIOD: Any vendor requiring clarification of any section of this RFP or wishing to comment or take exception to any requirements of the RFP must submit specific questions in writing to BGS.OPCVendorDocs@vermont.gov no later than 4:30 PM on April 10, 2024. All questions should include Seymour Fishing Access Lake Dredging Project in the subject line. Any comments, questions, or exceptions not raised in writing on or before the last day of the question period are waived. At the close of the question period a copy of all questions or comments and the State's responses will be posted at mailto:BGS.VTBids@vermont.gov mailto:orders@blueprintsetc.com http://www.blueprintsetc.com/ http://www.blueprintsetc.com/ mailto:BGS.OPCVendorDocs@vermont.gov mailto:BGS.OPCVendorDocs@vermont.gov Revision Date: July 20, 2023 Page | 2 http://www.blueprintsetc.com. Every effort will be made to post this information as soon as possible after the question period ends, contingent on the number and complexity of the questions. Bidder’s attention is directed to: 1. General Conditions for Construction Contracts. It is the Bidder’s responsibility to thoroughly read and comply with all requirements. Please pay close attention due to the changes that have been made. 2. Funding Source: This project is being funded, in whole or in part, through FEMA and the State of Vermont. 3. NOTICE TO BIDDERS – PROHIBITION OF RUSSIAN GOODS: The Contractor is hereby notified that, pursuant to Vermont Executive Order No. 02-22, dated March 3, 2022, the purchase of Russian- sourced goods and goods produced by Russian entities (defined as institutions or companies that are headquartered in Russia or have their principal place of business in Russia) is prohibited. The awarded Contractor must fill out and sign the Executive Order 02-22 Vendor Certification as part of the Contract awarding process. This certification is required for all subcontracts for work performed solely for the State of Vermont and subcontracts for work performed in the State of Vermont. 4. BID SUBMISSION INSTRUCTIONS: a. CLOSING DATE: Bids must be received by the State by the due date specified on the front page of this RFP. Late bids will not be considered. i. The State may, for cause, issue an addendum to change the date and/or time when bids are due. If a change is made, the State will inform all bidders by posting it on the webpage indicated on the front page of this RFP. ii. There will not be a public bid opening. However, the State will record the name, city and state for any and all bids received by the due date. b. STATE SECURITY PROCEDURES: Please be advised extra time will be needed when visiting and/or delivering information to State of Vermont offices. All individuals visiting State offices must present a valid government issued photo ID when entering the facility. i. State office buildings may be locked or otherwise closed to the public. If this RFP permits hand delivery of bids, delivery instructions will be posted at the entrance to the State facility. Any delay caused by State Security Procedures will be at the bidder’s own risk. c. BID DELIVERY INSTRUCTIONS: i. ELECTRONIC: Electronic bids will be accepted. ii. E-MAIL BIDS. Emailed bids will be accepted. Bids will be accepted via email submission to BGS.VTBids@vermont.gov. Bids must consist of a single email with a single, digitally searchable PDF attachment containing all components of the bid. Multiple emails and/or multiple attachments will not be accepted. There is an attachment size limit of 40 MB. It is the Bidder’s responsibility to compress the PDF file containing its bid, if necessary, in order to meet this size limitation. iii. FAX BIDS: Faxed bids will not be accepted. iv. PAPER BIDS: Paper format bids will not be accepted. http://www.blueprintsetc.com/ mailto:BGS.VTBids@vermont.gov Revision Date: July 20, 2023 Page | 3 5. CONSTRUCTION CONTRACTOR EVALUATION FORM: The Department of Buildings and General Services (BGS) may require contractor evaluations on construction projects over $100,000 or at the discretion of the BGS Director. Evaluations will be used to compile contractor’s performance on BGS projects to provide a history and assessment of the contractor’s performance. 6. It is the Bidder’s responsibility to thoroughly read and comply with all instructions and requirements of this bid solicitation. Sincerely Jennifer Fitch, Commissioner Page | 1 Revision Date: November 12, 2018 INSTRUCTIONS TO BIDDERS – MODIFIED BOND STATE OF VERMONT DEPARTMENT OF BUILDINGS AND GENERAL SERVICES MONTPELIER, VERMONT To be considered, Proposals must be made in accord with these Instructions to Bidders: 1. DOCUMENTS: Bona fide Bidders may obtain drawings and specifications from the Department of Buildings and General Services. 2. PLAN SECURITY CERTIFICATION: Contractor acknowledges that the plans pertaining to this project have been declared exempt from public record inspection for security reasons and have been disclosed to Contractor as per 1 V.S.A. §317(c)(32) for the performance of the Work specified herein. Contractor hereby expressly acknowledges and agrees to disclose plans only to a licensed architect, engineer, or Contractor who is bidding on or performing work on or related to buildings, facilities, infrastructures, systems, or other structures owned, operated, or leased by the state. Furthermore, Contractor agrees to abide by BGS Administrative Policy # 35 and any existing or future directives set forth by the State concerning the copying or distribution of the plans. Fraud, misrepresentation, falsification, or concealing or covering up material facts relating to compliance with these directives may result in one or more of the following actions: termination of the contract(s), suspension of bidding privileges, withholding, deducts, forfeiture of security bonds, and criminal prosecution punishable by imprisonment of up to five years and/or up to a $10,000 fine as per 13 V.S.A. §3016. 3. WORKER CLASSIFICATION COMPLI ANCE REQUIREMENT: The Department of Buildings and General Services in accordance with Act 54, Section 32 of the Acts of 2009 and for total projects costs exceeding $250,000.00, requires bidders comply with the following provisions and requirements. • (1) Bidder is required to self report detailed information including information relating to past violations, convictions, suspensions, and any other information related to past performance and likely compliance with proper coding and classification of employees requested by the applicable agency. The bidder is required to report information on any violations that occurred in the previous 12 months. The Self Reporting requirements are identified and included as part of the Bid Proposal Form. • (2) Bidder is required to provide a list of subcontractors on the job along with lists of subcontractor’s subcontractors and by whom those subcontractors are insured for workers’ compensation purposes. Include additional pages if necessary. This is not a requirement for subcontractors providing supplies only and no labor to the overall contract or project. The Subcontractor Reporting requirements shall be required upon award of contract, and prior to contract execution. Failure to adhere to Act 54, Section 32 of the Acts of 2009 and submit Subcontractor Reporting: Worker Classification Compliance Requirement will constitute non-compliance and may result in cancellation of contract and/or forfeiture of future bidding privileges until resolved. • (3) For construction and transportation projects over $250,000.00, a payroll process by which during every pay period the contractor collects from the subcontractors or independent contractors a list of all workers who were on the jobsite during the pay period, the work performed by those workers on the jobsite, and a daily census of the jobsite. This information, including confirmation that contractors, subcontractors, and independent contractors have the appropriate workers’ compensation coverage for all workers at the jobsite, and similar information for the subcontractors regarding their subcontractors shall also be provided to the department of labor and to the department of banking, insurance, securities, and health care administration, upon request, and shall be available to the public. 4. EXAMINATION: Bidders shall carefully examine the documents and the construction site to obtain first-hand knowledge of existing conditions. Contractors will not be given extra payment for conditions, which can be determined by examining the site and documents. 5. INTERPRETATION: All requests for interpretation shall be directed to the Department of Buildings and General Services. Any interpretation of documents will be made by Addendum only. Addendums shall be posted on-line in the Plan Room where the original solicitation resides. PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES, AND ADDENDUMS ASSOCIATED WITH THIS RFP WILL BE POSTED ON-LINE IN THE PLAN ROOM WHERE THE ORIGINAL SOLICITATION RESIDES UNLESS OTHERWISE DETERMINED THAT A HARD COPY IS NECESSARY. THE STATE WILL MAKE NO ATTEMPT TO CONTACT CONTRACTORS WITH UPDATED INFORMATION. IT IS THE RESPONSIBILITY OF EACH CONTRACTOR TO PERIODICALLY CHECK THE POSTING SITE FOR ANY AND ALL NOTIFICATIONS, RELEASES AND ADDENDUMS ASSOCIATED WITH THE RFP. NOTE: On occasion hard copy addendums may be required due to size or type of media/requirements. If applicable and as determined by the Department of Buildings and General Services, Addendums that require hard copy distribution, a copy of such addenda will be mailed or delivered for each set of plans and specifications issued to the bidders, prior to the bid date. However, it is the responsibility of the bidder to be sure they have received all addenda and must so state the number of addenda they have received on the proposal. All addenda will become part of the Contract Documents. Page | 2 Revision Date: November 12, 2018 6. CONFLICTING INFORMATION: If any part of the plans or specifications conflict with any other part and no clarification is made by the Department of Buildings and General Services in an addendum, the most expensive method or materials as described or suggested will be used. 7. SUBSTITUTIONS: To obtain approval to use unspecified products, bidders shall submit written requests at least 7 days before bid date. Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. If the product is acceptable, the approval will be issued in Addendum to all prime bidders on record in a manner consistent with 5. INTERPRETATION identified above. 8. PROPOSALS: Proposals shall be made on unaltered Proposal forms furnished by the State of Vermont, Department of Buildings and General Services. Fill in all blank spaces. One (1) copy is requested. Proposal shall be signed with name typed or printed below signature. Where bidder is a corporation, Proposal must be signed with legal name of the corporation followed by the name of the State of incorporation and the legal signatures of an officer authorized to bind the corporation to a contract. 9. BID SECURITY: Bid Security shall be made payable to the Treasurer, State of Vermont, in the amount of five (5) percent of the Proposal sum. Security shall be bid bond issued by surety licensed to conduct business in the State of Vermont or other security as specified herein. The successful bidder's security will be retained until he has signed the Contract and furnished the required security. The Owner reserves the right to retain the security of the next three lowest bidders until the low bidder enters into contract or until 60 days after bid opening, whichever is the shorter. All other bid security will be returned as soon as practicable. If any bidder refuses to enter into a Contract, the Owner will retain his Bid Security as liquidated damages, but not as a penalty. 10. BONDS: The Contractor will furnish the following bonds and the obtaining of these bonds is a condition precedent to the effectuation of the contract between Owner and Contractor. Bid Bond in the amount of 5% of bid. Guaranty Bond in the amount of 100% of the contract price. Performance Bond in the amount of 100% of the contract price. Payment Bond - Labor & Materials - 100% of the contract price. All bonds are to be executed according to instructions. The Department of Buildings and General Services will furnish Bond forms. Alternate Security: 1. In lieu of the bid bond the following security will be acceptable to the Department: Certified check or Bank check in the amount of 5% of bid. Make checks payable to the Treasurer, State of Vermont. 2. In lieu of the Performance, Payment and Guaranty Bond, the following security will be acceptable to the Department: a. Certified check or Bank check for 125% of bid. Make checks payable to the Treasurer, State of Vermont. Or b. Irrevocable Letter of Credit from a financial institution for 125% of bid. Security to extend 60 days beyond the project completion date. 11. MINORITY/WOMEN BUSINESS ENTERPRISES (M/WBE): It is the policy of the State of Vermont that M/WBE's shall have the maximum opportunity to participate in the performance of contracts financed with state funds. All Bidders are encouraged to contact M/WBE's in an effort to recruit them to submit proposals for the work or portions thereof. The contractor shall not discriminate on the basis of race, color, national origin or sexual orientation in the award and performance of subcontracts. The Department of Buildings and General Services shall, in accordance with Executive Order #15-91, and for publicly funded capital construction projects exceeding $50,000.00, comply with the following provisions and requirements. Upon receipt of letter of intent to award contract, the successful bidder shall submit a M/WBE Reporting Form along with certificates of insurance and other pre- contract information. The form includes space to report the name, address and phone number of the M/WBE's contacted, the trade, if their price was included in the bid proposal, and if not, the reason for rejection of their bid. The contract will not be executed until the M/WBE Form is received. Failure to contact M/WBE's on or when projects require sub-contract work may constitute non-compliance and may result in forfeiture of future bidding privileges until resolved. 12. MODIFICATION AND WITHDRAWAL: Proposals may not be modified after they are received and recorded by the Department of Buildings and General Services. Bidders may withdraw Proposals at any time before bid opening but may not resubmit a bid. No proposal may be withdrawn or modified after the bid opening except where the award of Contract has been delayed for beyond 60 days. 13. DISQUALIFICATION: The Commissioner of Buildings and General Services reserves the right to disqualify Proposals, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the bidder. Furthermore, failure to substantively comply with bidding requirements may constitute non-compliance and may result in forfeiture of future bidding privileges until resolved. Page | 3 Revision Date: November 12, 2018 14. SUBMITTAL: Submit Proposal in sealed envelope. Identify the envelope with: (1) project name, (2) name of bidder. Submit Proposals in accordance with Invitation to Bid. 15. OPENING: Proposals will be opened as announced in the Invitation to Bid. 16. BASIS OF BID AWARD: Method of award will be based on Title 29, Chapter 5 § 161. Requirements on state construction projects. The contract shall be awarded to one of the three lowest responsible bidders, conforming to the plans and specifications, with consideration being given to quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, and his or her ability to render satisfactory service, but the commissioner of buildings and general services with the approval of the secretary of administration, shall have the right to reject any and all bids and to invite other bids. No segregated proposals or assignments will be considered. The Contract will be awarded on the basis of the Maximum Limiting Amount, including full consideration of unit prices and alternates in the order in which they appear on Proposal form. 17. EXECUTION OF CONTRACT: The Contract or Contracts will be signed for the State of Vermont by the Commissioner of Buildings and General Services. 18. TAXES: The State is exempt from all sales and federal excise taxes. Contractors will be responsible for the payment of any sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. Federal excise tax registration number covering taxable items will be furnished upon request. Quote less these taxes. As required by law (32 V. S. A. §3113) the Contractor hereby certifies, under the pains and penalties of perjury, that he/she is in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the State of Vermont as of the date the Contractor signs this contract. 19. CONSTRUCTION CONTRACTOR EVALUATION FORM: The Department of Buildings and General Services (BGS) may require contractor evaluations on construction projects greater than $100,000 or at the discretion of the BGS Director. Evaluations will be used to compile the contractor’s performance on BGS projects to provide a history and assessment of the contractor’s performance. PROJECT NAME: Seymour Fishing Access Lake Dredging PROJECT LOCATION: 6481 VT Route 111, Morgan, VT 05853 1 State of Vermont Department of Buildings and General Services BID PROPOSAL TO: STATE OF VERMONT Agency of Administration Department of Buildings and General Services 109 State Street Montpelier, Vermont 05609-3001 DATE: Ladies and Gentlemen: The undersigned proposes to provide labor, materials, and equipment to complete the Boat Ramp Approach Dredging Project located at 6481 VT Route 111, Morgan, Vermont. Construction shall be in accordance with the Project Documents prepared by the Department of Fish & Wildlife dated March 2024. A. The undersigned acknowledges the following: 1. Basis of award shall be as specified in the "Instructions to Bidders". 2. The right of the Owner to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. 3. They are familiar with the contents of this Proposal and that they have examined the site and accept the existing conditions as those under which the work will be done. B. The undersigned further agrees: 1. To hold their bid open for sixty (60) days after this day of Bid Opening. 2. To accept the provisions of the "Instructions to Bidders" and the "General Conditions". 3. To enter into and execute a contract, if awarded on the basis of this proposal within ten (10) calendar days of notification of award. 4. To accomplish the work in accordance with the Bid Documents. C. Acknowledge receipt of the following Addenda: Addendum No.: Dated: Addendum No.: Dated: Addendum No.: Dated: D. It is the Bidder’s responsibility to thoroughly read and comply with all instructions and requirements of this bid solicitation. E. Bid Security in the amount of 5% is enclosed herewith. PROJECT NAME: Seymour Fishing Access Lake Dredging PROJECT LOCATION: 6481 VT Route 111, Morgan, VT 05853 2 F. Self-Reporting: Worker Classification Compliance Requirement: The Department of Buildings and General Services in accordance with Act 54, Section 32 of the Acts of 2009 and for total project costs exceeding $250,000.00, requires bidders to comply with the following provisions and requirements. Bidder is required to self-report the following information relating to past violations, convictions, suspensions, and any other information related to past performance relative to coding and classification of workers. The State is requiring information on any violations that occurred in the previous 12 months. Bidder hereby certifies that the company/individual is in compliance with the requirements as detailed in Act 54, Section 32 of the Acts of 2009. Summary of Detailed Information Date of Notification Outcome G. Subcontractor Reporting: Worker Classification Compliance Requirement: Prior to contract execution, the successful bidder agrees to comply with Subcontractor Reporting requirements in accordance with Act 54, Section 32 of the Acts of 2009 and for total projects costs exceeding $250,000.00 as follows: 1. Provide a list of subcontractors to be used on the job along with lists of subcontractor’s subcontractors and by whom those subcontractors are insured for workers’ compensation purposes. This is not a requirement for subcontractor’s providing supplies only and no labor to the overall contract or project. This list MUST be updated and provided to the State as additional subcontractors are hired. A sample form is included in the bid package. 2. Failure to adhere to Act 54, Section 32 of the Acts of 2009 and submit Subcontractor Reporting: Worker Classification Compliance Requirement will constitute non-compliance and may result in cancellation of contract and/or forfeiture of future bidding privileges until resolved. PROJECT NAME: Seymour Fishing Access Lake Dredging PROJECT LOCATION: 6481 VT Route 111, Morgan, VT 05853 3 STATE OF VERMONT CONTRACTOR’S PROPOSAL Date: 1. Maximum Limiting Amount: The undersigned proposes to provide labor, material, and equipment in Morgan, Vermont in accordance with the Project Documents for the Maximum Limiting Amount of: MAXIMUM LIMITING AMOUNT: (Written) ($ ) (Figures) 2. Unit Pricing: Each Unit Price or Lump Sum stated shall constitute full compensation for all materials, labor, tools, equipment, and incidentals. Item Description Qty. Unit Unit Price Total 1 Mobilization / Demobilization 1 l.s. 2 Filter Curtain 1 l.s. 3 Haul Road 500 c.y. 4 Unclassified Excavation 3,400 c.y. MAXIMUM LIMITING AMOUNT 1. Alternates: a. Add Alternates: The following Add Alternate(s), if accepted, will be taken in the sequence listed. STRUCTURAL COFFERDAM: This Item includes all labor, materials, equipment, and services necessary to design, certify and confirm Engineer’s approval, obtain, erect, and maintain, and at conclusion of use the breakdown of a Structural Cofferdam (earthen, sandbag or block type not acceptable). Cost should include equipment, materials, and labor to initially and subsequently dewater and filter lake water from enclosed area. The use of a structural cofferdam cannot encompass or cross the inflow of Sucker Brook where that extended portion of prescribed dredging would still occur in wet conditions. LUMP SUM AMOUNT: (Written) ($ ) (Figures) b. Deduct Alternates: The following Deduct Alternate(s), if accepted, will be taken in the sequence listed. HAUL ROAD REDUCTION: With use of a Structural Cofferdam and associated dewatering of the area to be dredged, providing excavation in dryer conditions, the quantity of aggregate material to provide haul road access would be reduced. This reduced cost item includes that volume of material, associated reduced trucking, placement, compaction, and removal, per C.Y. unit cost at par as presented above in the base bid Item #3. Bidder is reminded to maintain any volume of Haul Road material necessary to access and remove lake bottom sediments at the inflow area of Sucker Brook where that extended portion/limits of prescribed dredging would still occur in wet conditions. PROJECT NAME: Seymour Fishing Access Lake Dredging PROJECT LOCATION: 6481 VT Route 111, Morgan, VT 05853 4 UNIT QUANTITY (C.Y) __________ x Unit Cost (Base Bid Item #3) __________ = DEDUCT ALTERNATE AMOUNT: (Written) ($ ) (Figures) The Contractor shall hold the Add Alternate and Deduct Alternate Prices until 60 days or sooner as determined by the Owner, from the Contract execution date. It is understood that there will be no extension of time for the inclusion of any of the Alternates (provided a Change Order is authorized within the specified time) from the Contract execution date. The undersigned further agrees: 1. The amount of compensation paid to the undersigned for extra work and change orders in one of the following manners as directed by the Owner. a) A price agreed upon between the Owner and the Contractor. b) A price determined by adding 15% for overhead and profit to the total direct cost of any extra work excluding unit pricing. c) A price determined by extending unit price work above. The undersigned further agrees: 1. The period of Contractor’s performance shall begin on July 8, 2024, with Substantial Completion required by September 13, 2024, and Contract End Date of September 13, 2025, to allow for a one (1) year Warranty Period. 2. The amount of compensation paid to the undersigned for extra work and change orders in one of the following manners as directed by the Owner. a) A price agreed upon between the Owner and the Contractor. b) A price is determined by adding 15% for overhead and profit to the total direct cost of any extra work excluding unit pricing. c) A price determined by extending unit price work above. Corporate Seal (If Bidder is a Corporation) Contractor Name: Contact Name: State of Corporation: VT Business Account #: Address: Fax Number: Telephone: E-Mail: By: Name: Signature (Bid Not Valid Unless Signed) (Type or Print) NOTE: If Bidder is a Partnership, give full names of all Partners. END OF PROPOSAL State of Vermont Department of Buildings and General Services MINORITY/WOMEN BUSINESS ENTERPRISES (M/WBE) REPORTING FORM It is the policy of the State of Vermont that M/WBE's shall have the maximum opportunity to participate in the performance of contracts financed with state funds. All Bidders are encouraged to contact M/WBE's in an effort to recruit them to submit proposals for the work or portions thereof. The contractor shall not discriminate on the basis of race, color, national origin or sexual orientation in the award and performance of subcontracts. Company Name: Contact Person: Address: Phone: Fax: Federal ID: The Department of Buildings and General Services shall, in accordance with Executive Order #15-91, and for publicly funded capital construction projects exceeding $50,000.00, comply with the following provisions and requirements. Upon receipt of letter of intent to award contract, the successful bidder shall submit a MWBE Reporting Form along with certificates of insurance and other pre-contract information. The form includes space to report the name, address and phone number of the MWBE's contacted, the trade, if their price was included in the bid proposal, and if not, the reason for rejection of their bid. The contract will not be executed until the MWBE Form is received. Failure to contact MWBE's on or when projects require sub-contract work may constitute non-compliance and may result in forfeiture of future bidding privileges until resolved. MWBE Company Contacted Trade Was Quote Received? YES/NO Did you do business with them? YES/NO If no, reason MWBE Contact Name and Phone Number See Back of Sheet for Additional Contact Information The undersigned certifies that the above information is a complete and accurate summary of the recruiting effort put forth to encourage the participation of M/WBE’s in the performance of work financed by State funds. Signature: Title: REVISED 05/01/03 MWBE Company Contacted Trade Was Quote Received? YES/NO Did you do business with them? YES/NO If no, reason MWBE Contact Name and Phone Number STATE OF VERMONT AGENCY OF ADMINISTRATION DEPARTMENT OF BUILDINGS AND GENERAL SERVICES MONTPELIER, VERMONT I N S T R U C T I O N S BID•PERFORMANCE•PAYMENT•GUARANTY BONDS 1. This form shall be used whenever a bond is required. There shall be no deviation from this form except as authorized by the Department Commissioner. 2. The bond shall be procured from an insurance company authorized to do business in the State of Vermont. 3. The name, including full legal name and residence of each individual party to the bond, shall be inserted in the body thereof, and each such party shall sign the bond with their usual signature on the line opposite the scroll seal. 4. If the principals are partners, their individual names shall appear in the body of the bond, with the recital that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as individuals. 5. The signature of a witness shall appear in the appropriate place, attesting the signature of each individual party to the bond. 6. If the principal or surety is a corporation, the name of the state in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal as indicated in the form. 7. The official character and authority of the person or persons executing the bond for the principal if a corporation, shall be certified by the secretary or assistant secretary, according to the form attached thereto. In lieu of such certificate there may be attached to the bond copies of as much of the records of the corporation as required to show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. 8. The date of the performance and payment bonds must be no later than the date of the instrument for which it is given. 9. The guaranty bond is for a period of one year and begins on the date of substantial completion established by the architect or project manager and approved by the Department Commissioner. STATE OF VERMONT DEPARTMENT OF BUILDINGS AND GENERAL SERVICES PURCHASING AND CONTRACT ADMINISTRATION DIVISION MONTPELIER VT 05633 BID BOND Know All Men By These Presents, that we, ..................................................................................................... as principal, and ............................................................................................................................................................ as surety, are held and firmly bound unto the State of Vermont, hereinafter called the State, 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, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such, that whereas the principal has submitted the accompanying bid, dated .............................................................., 2024 for ................................................................................................ 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 sixty (60) days after 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 signature, enter into a written contract with the State, 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 and give such bond within the time specified, if the principal shall pay the State the difference between the amount specified in said bid and the amount for which the State may procure the required work and/or supplies, if the later amount 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. In witness whereof, the above-bounden parties have executed this instrument under their several seals this ......................................... day of ........................................................., 2024 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 presence of- ....................................................................................... ............................................................................. (Seal) (Individual Principal) ....................................................................................... ...................................................................................... (Address) (Business Address) ....................................................................................... ............................................................................. (Seal) (Individual Principal) ....................................................................................... ...................................................................................... (Address) (Business Address) ....................................................................................... ...................................................................................... (Address) (Business Address) Attest: ..................................................................................... (Corporate Principal) .................................................................................... (Business Address) ..................................................................................... By ...............................................................................(Affix) Corporate Seal) Attest: ..................................................................................... (Corporate Surety) .................................................................................... (Business Address) ..................................................................................... By ...............................................................................(Affix) Corporate Seal) STATE OF VERMONT DEPARTMENT OF BUILDINGS AND GENERAL SERVICES PURCHASING AND CONTRACT ADMINISTRATION MONTPELIER VT 05633 PERFORMANCE BOND Know All Men By These Presents, that we, ..................................................................................................... as principal, and ............................................................................................................................................................ ........................................................................................................................................................................ as surety, are held and firmly bound unto the State of Vermont, hereinafter called the State, in the penal sum of ....................... ........................................................................................................................................................................... Dollars for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such, that whereas the principal entered into a certain contract, which contract is by reference made a part hereof, with the State, dated ......................................................., 2024 for Now, therefore, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the State, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. In witness whereof, the above-bounden parties have executed this instrument under their several seals this ......................................... day of ........................................................., 2024 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 presence of- ....................................................................................... ............................................................................. (Seal) (Individual Principal) ....................................................................................... ...................................................................................... (Address) (Business Address) ....................................................................................... ............................................................................. (Seal) (Individual Principal) ....................................................................................... ...................................................................................... (Address) (Business Address) ....................................................................................... ...................................................................................... (Address) (Business Address) Attest: ..................................................................................... (Corporate Principal) .................................................................................... (Business Address) ..................................................................................... By ..............................................................................(Affix) Corporate Seal) Attest: ..................................................................................... (Corporate Surety) ................................................................................... (Business Address) ..................................................................................... By ...............................................................................(Affix) Corporate Seal) STATE OF VERMONT DEPARTMENT OF BUILDINGS AND GENERAL SERVICES PURCHASING AND CONTRACT ADMINISTRATION DIVISION MONTPELIER VT 05633 PAYMENT BOND (Labor and Material) Know All Men By These Presents, that we, ..................................................................................................... as principal, and ............................................................................................................................................................ ........................................................................................................................................................................ as surety, are held and firmly bound unto the State of Vermont, hereinafter called the State, in the penal sum of ....................... ........................................................................................................................................................................... Dollars for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such, that whereas the principal entered into a certain contract, which contract is by reference made a part hereof, with the State, dated ......................................................., 2024 for Now, therefore, if the principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of such modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. In witness whereof, the above-bounden parties have executed this instrument under their several seals this ......................................... day of ........................................................., 2024 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 presence of- ....................................................................................... ............................................................................. (Seal) (Individual Principal) ....................................................................................... ...................................................................................... (Address) (Business Address) ....................................................................................... ............................................................................. (Seal) (Individual Principal) ....................................................................................... ...................................................................................... (Address) (Business Address) ....................................................................................... ...................................................................................... (Address) (Business Address) Attest: ..................................................................................... (Corporate Principal) .................................................................................... (Business Address) ..................................................................................... By ...............................................................................(Affix) Corporate Seal) Attest: ..................................................................................... (Corporate Surety) .................................................................................... (Business Address) ..................................................................................... By ...............................................................................(Affix) Corporate Seal) (AA-PUR-107) 06/12/96 STATE OF VERMONT DEPARTMENT OF BUILDINGS AND GENERAL SERVICES PURCHASING AND CONTRACT ADMINISTRATION MONTPELIER VT 05633 GUARANTY BOND Know All Men By These Presents, that we, ..................................................................................................... as principal, and ............................................................................................................................................................ ........................................................................................................................................................................ as surety, are held and firmly bound unto the State of Vermont, hereinafter called the State, in the penal sum of ....................... ........................................................................................................................................................................... Dollars for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such, that whereas the principal entered into a certain contract, which contract is by reference made a part hereof, with the State, dated ......................................................., 2024 for Now, therefore, the condition of the above obligation is such, that if the said principal will make good any faults or defects in the work, arising from improper or defective workmanship or materials, undertaken in said contract and discovered on or before .................................................................................................................., then this obligation shall be null and void; otherwise it shall remain in full force and effect. In witness whereof, the above-bounden parties have executed this instrument under their several seals this ......................................... day of ........................................................., 2024 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 presence of- ....................................................................................... ............................................................................. (Seal) (Individual Principal) ....................................................................................... ...................................................................................... (Address) (Business Address) ....................................................................................... ............................................................................. (Seal) (Individual Principal) ....................................................................................... ...................................................................................... (Address) (Business Address) ....................................................................................... ...................................................................................... (Address) (Business Address) Attest: ..................................................................................... (Corporate Principal) .................................................................................... (Business Address) ..................................................................................... By ...............................................................................(Affix) Corporate Seal) Attest: ..................................................................................... (Corporate Surety) .................................................................................... (Business Address) ..................................................................................... By ...............................................................................(Affix) Corporate Seal) STATE OF VERMONT AGENCY OF ADMINISTRATION BUILDINGS AND GENERAL SERVICES MONTPELIER, VERMONT CERTIFICATE AS TO CORPORATE PRINCIPAL I,..............................................................................................................., certify that I am the.......................................................................................................secretary of the Corporation named as principal in the within bond, that........................................................................................ who signed the said bond on behalf of the principals was the............................................................of said corporation; that I know his signature, and his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said corporation by authority of its governing body. (Corporate) (Seal Revised: 06/14/2021 BGS CONTRACT FORM FOR CONSTRUCTION 1. Parties. This is a contract for services between the State of Vermont, Department of Buildings and General Services (hereafter called “State”), and XXX, with principal place of business in XXX, (hereafter called “Contractor”). Contractor’s form of business organization is incorporated, limited liability company, sole proprietor, etc. It is the contractor’s responsibility to determine if, by law, the contractor is required to be registered with the Vermont Department of Taxes for the purposes of filing required Vermont taxes. 2. Subject Matter. The subject matter of this contract is generally on the subject of construction services. Services to be provided by the contractor are described in Attachment A. 3. Maximum Amount. In consideration of the services to be performed by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed $XXX. 4. Contract Term. The period of contractor’s performance shall begin on XXX, and end on XXX, with a Substantial Completion date of XXX, a Project Completion date of XXX, and a Contract Completion date of XXXX which includes a one-year warranty period. 5. Prior Approvals. If approval by the Attorney General’s Office or the Secretary of Administration is required, (under current law, bulletins, and interpretations), neither this contract nor any amendment to it is binding until it has been approved by either or both such persons. - Approval by the Attorney General’s Office is required. - Approval by the Secretary of Administration is not required. (IS REQUIRED IF OVER $500,000) - Approval by the CIO/Secretary of ADS is not required. 6. Amendment. This agreement represents the entire agreement between the parties; No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Cancellation. Cancellation of this contract shall be done in a manner consistent with Article 14 of Attachment D. 8. Attachments. This contract consists of XXX pages including the following attachments which are incorporated herein: ATTACHMENT A: Scope of Work ATTACHMENT B: Payment Provisions ATTACHMENT C: Standard State Provisions for Contracts and Grants, a preprinted form (revision dated 12/07/2023), except that the following numbered paragraphs are hereby deleted in their entirety: 8. Insurance ATTACHMENT D: General Conditions for Construction Contracts ATTACHMENT E: Project Manual Technical Specifications You will need to list the various specs from the INDEX ETC. Addendum No. 1 dated XXX Addendum No. 2 dated XXX ETC. ATTACHMENT F: PLANS You will need to list the various plans from the INDEX ETC. Revised: 01/05/24 ETC. ATTACHMENT G: Supplementary General Conditions REMOVE IF NOT APPLICAPLE 9. Order of Precedence. Any ambiguity, conflict or inconsistency in the Contract Documents shall be resolved according to the following order of precedence: 1) Standard Contract 2) Attachment C (Standard Contract Provisions for Contracts and Grants) 3) Attachment D (General Terms and Conditions for Construction Contracts) 4) Attachment E 5) Attachment G Supplementary General Conditions REMOVE IF NOT APPLICAPLE 6) Attachment F 7) Attachment A 8) Attachment B 10. Plan Security Certification. Contractor acknowledges that the plans pertaining to this project have been declared exempt from public record inspection for security reasons and have been disclosed to Contractor as per 1 V.S.A. §317(c)(32) for the performance of the Work specified herein. Contractor hereby expressly acknowledges and agrees to disclose plans only to a licensed architect, engineer, or Contractor who is bidding to work on, or actually performing work on, buildings, facilities, infrastructures, systems, or other structures owned, operated, or leased by the state and specifically related to this project. Furthermore, Contractor agrees to abide by BGS Administrative Policy # 35 and any existing or future directives set forth by the State concerning the copying or distribution of the plans. Fraud, misrepresentation, falsification, or concealing or covering up material facts relating to compliance with these directives may result in one or more of the following actions: termination of the contract(s), suspension of bidding privileges, withholding, deducts, forfeiture of security bonds, and criminal prosecution punishable by imprisonment of up to five years and/or up to a $10,000 fine as per 13 V.S.A. §3016. 11. Laws. Contractor shall comply with all public laws, ordinances, and requirements respecting the work, obtain and pay for all required permits and comply with regulations of any insurance company which issues a policy on any part of the work or site. The Contractor agrees to comply with all of the requirements of Title 21 V.S.A., Chapter 5, Subchapter 6 relating to fair employment practices, to the extent applicable, and agrees further to include a similar provision in any and all subcontracts. Contractor shall acquaint himself with limits of the property or right-of-way of the State and shall not trespass on other property. All work shall be done in such a manner as not to interfere with the State's operating functions. Contractor and his employees shall familiarize themselves and comply with all posted rules. 12. Non-Collusion. The State of Vermont is conscious of and concerned about collusion. It should therefore be understood by all that in signing bid and contract documents they agree that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the bid/contract process by the Office of the Attorney General, all bidders should understand that this paragraph might be used as a basis for litigation. We reserve the right to cancel the contract if we suspect collusion. 13. Assignment. Contractor shall not have the right to transfer, or assign this Contract or any part thereof, without the prior written consent of the State and such consent shall not relieve the Contractor of any liability or responsibility hereunder. The failure of the State to assert any of its rights hereunder shall not be construed as a waiver thereof. Revised: 01/05/24 14. Employment of Women and Minorities. The State of Vermont encourages an increase in work force participation rates for women and minorities in all aspects of publicly funded capital construction projects. The contractor is encouraged to seek out and employ qualified women and minorities for work covered under this contract. The following provisions and requirements shall apply when the total contract exceeds $50,000, and the general contractor shall require all first-tier subcontractors to comply with these requirements when their contract exceeds $50,000. a. At the conclusion of the project, the affected contractors must complete the Construction Employment Report and submit it to the Department of Buildings and General Services for recording. A complete description and dollar value of the work or supplies provided, and percentage value of the overall construction contract for each such M/WBE transaction must be included. Final payment will not be made until this requirement has been satisfied. 15. Minority and Women Business Enterprises (M/WBE). It is the policy of the State of Vermont that M/WBE's shall have the maximum opportunity to participate in the performance of contracts financed with state funds. All Bidders are encouraged to contact M/WBE's in an effort to recruit them to submit proposals for the work or portions thereof. The contractor shall not discriminate on the basis of race, color, national origin or sexual orientation in the award and performance of subcontracts. The Department of Buildings and General Services shall, in accordance with Executive Order #15-91, and for publicly funded capital construction projects exceeding $50,000.00, comply with the following provisions and requirements. Upon receipt of letter of intent to award contract, the successful bidder shall submit an M/WBE Reporting Form along with certificates of insurance and other pre-contract information. The form includes space to report the name, address and phone number of the M/WBE's contacted, the trade, if their price was included in the bid proposal, and if not, the reason for rejection of their bid. The contract will not be executed until the M/WBE Form is received. Failure to contact M/WBE's on or when projects require sub-contract work may constitute non-compliance and may result in forfeiture of future bidding privileges until resolved. 16. Worker Classification. State Contracts Compliance Requirements: The Department of Buildings and General Services in accordance with Act 54, Section 32 of the Acts of 2009 and for total projects costs exceeding $250,000.00 requires bidders comply with the following provisions and requirements. ((a) (3) For construction and transportation projects over $250,000.00, a payroll process by which during every pay period the contractor collects from the subcontractors or independent contractors a list of all workers who were on the jobsite during the pay period, the work performed by those workers on the jobsite, and a daily census of the jobsite. This information, including confirmation that contractors, subcontractors, and independent contractors have the appropriate workers’ compensation coverage for all workers at the jobsite, and similar information for the subcontractors regarding their subcontractors shall also be provided to the department of labor and to the department of banking, insurance, securities, and health care administration, upon request, and shall be available to the public. 17. Debarment by the Department of Labor (DOL) or the Department of Financial Regulation. The State of Vermont reserves the right to terminate this contract with fifteen (15) day notice to contractor, upon determination that the contractor or a subcontractor to the contractor has been debarred by the Department of Labor (DOL) or the Department of Financial Regulation. Additionally, the State of Vermont reserves the right to withhold payment and / or terminate this contract if contractor fails to provide payroll records requested by the DOL and the Department of Financial Regulation within thirty (30) days of receipt of the request from DOL or the Department of Financial Regulation. 18. Miscellaneous. Paragraph headings are inserted for convenience only and are not to be relied upon for content. The Contractor is required to ensure that any and all agreements with subcontractors conform to the requirements contained herein and that subcontractors abide by all applicable provisions of this contract including, but not limited to, the requirement that Contractor has complied with and shall continue to comply with all requirements with respect to qualification to do business in Vermont and registration with the office of the Secretary of State. In the event that all or a portion of the project is to be subject to a subcontract, it shall be the responsibility of the Contractor to determine that the subcontractor has complied with the above requirements of registration and qualification as well as all other applicable Revised: 01/05/24 provisions of this contract. 19. Waste Reduction Planning. It is the intent of the State of Vermont to significantly reduce the amount of construction debris going into the total waste stream. Contractor is required to prepare and submit a Construction Site Waste Reduction Plan prior to contract execution. A sample plan is available at: https://dec.vermont.gov/waste-management/solid/materials-mgmt/construction-waste . Failure to comply with this provision or a failure to comply with the plan itself will result in withholding of general conditions’ money from the contractor’s monthly requisition until Contractor has rectified the situation and is in full compliance with these provisions. MASTER COPY DISTRIBUTED: Contractor, Accounting, Director, PC, PM, DFM, Lavallee, others PROJECT NAME: Dept ID: FUNNY WORD: FUND SOURCE: 100 % Bond Funds PROJECT#: BUILDING#: https://dec.vermont.gov/waste-management/solid/materials-mgmt/construction-waste STATE OF VERMONT Contract # Page 1 of 3 March 2018 ATTACHMENT A – SCOPE OF WORK OVERVIEW Contractor shall provide all labor, materials and equipment necessary to satisfactorily complete the construction of the XXX Project located at XXX in XXX, Vermont Construction shall be in accordance with the construction documents (drawings and specifications) prepared by the Department of Buildings and General Services OR XXX Consultants dated XXX and in accordance with the work described in Attachments D, E, F, G, and Attachment H. The following represents a summary description of the Project DESCRIPTION OF WORK: A. The work consists of, but not limited to, the construction of XXXX. Including, but not limited to, the following major components: 1) XXX 2) XXX 3) ETC. B. ETC. WORK UNDER ANOTHER CONTRACT: REMOVE IF NOT APPLICABLE A. State shall award separate contract for the following work. Work under this contract shall include: 1. XXX B. General: Contractor shall cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. Contractor shall coordinate the Work of this Contract with work performed under separate contracts. PRE-ORDER PRODUCTS (PURCHASE BY CONTRACTOR(S)): REMOVE IF NOT APPLICABLE A. None ordered at this time; however State may place orders with suppliers for specific products, to expedite delivery and for other purposes in State's interests. B. A copy of each purchase order shall be required to be bound at the back of each referenced Section as an attachment for information to Supplier. C. On execution of State Contractor Agreement, Contractor shall execute purchase agreement with designated supplier, in accordance with terms stated in State's purchase order to supplier. D. Contractor responsibility for purchase, handling and installation of pre-ordered products is the same as for other Contractor furnished products. STATE OF VERMONT Contract # Page 2 of 3 March 2018 ELECTRONIC SUBMITTALS: Contractor shall obtain a license for the State to utilize Submittal Exchange for the purposes of this project. The State and its representatives will have full control of the use of Submittal Exchange by authorized users of the State. 1. Summary: a. Submittal Exchange® (www.submitalexchange.com) shall be used to provide an on-line database and repository, which shall be used to transmit and track project-related documents. The intent for using this service is to expedite the construction process by reducing paperwork, improving information flow, and decreasing submittal review turnaround time. b. Project submittals (shop drawing, product data and quality assurance submittals) shall be transmitted by the Contractor in PDF to Submittal Exchange®, where it will be tracked and stored for retrieval for review. After the submittal is reviewed it shall be uploaded back to Submittal Exchange® for action and use by the Contractor. c. The service also tracks and stores documents related to the project such as Request for Information (RFI’s), Architect's Supplemental Instructions (ASI), Information Bulletins (IB’s), CAD Coordination, Commission, Construction Change Directive (CCD), Contractor’s Daily Reports, Minutes, Photos, Quality Control, Shop Drawings, Testing, Closeout Documents including As-Built Drawings, Operations and Maintenance Manuals and other project related documents. d. The electronic submittal process shall not be used for color samples, color charts, or physical material samples. 2. Procedures: a. For each submittal, the Contractor shall review and apply an electronic stamp certifying that the submittal complies with the requirements of the Contract Documents, including verification of manufacturer/product, dimensions and coordination of information with other parts of the work. b. Contractor shall transmit each submittal to Architect/Engineer using the Submittal Exchange® website, www.submittalexchange.com. c. Architect/Engineer review comments shall be made available on the Submittal Exchange® website for downloading. Contractor shall receive email notice of completed review. d. Contractor’s shall provide submittals in PDF. The Contractor shall use the following options: 1) Subcontractors and suppliers provide electronic submittals in PDF to the Contractor through Submittal Exchange®. 2) Subcontractors and suppliers provide paper submittals to the Contractor, who electronically scans and converts them to PDF. 3) Contract a Scanning Service, which will allow the Contractor and the Contractor’s subcontractors and suppliers to provide paper submittals to the Scanning Service, which electronically scans and converts them to PDF. It will be the Contractor’s responsibility to transmit the scanned submittals to Submittal Exchange®. http://www.submitalexchange.com/ http://www.submittalexchange.com/ STATE OF VERMONT Contract # Page 3 of 3 March 2018 4) Distribution of reviewed submittals to subcontractors and suppliers is the responsibility of the Contractor. e. Contractor shall submit paper copies of any reviewed submittals not submitted electronically at project closeout for record purposes. 3. Image Quality: a. Image resolution: The PDF files shall be created at a minimum resolution of 200 dots per inch utilizing the original document size. The Contractor shall be responsible to increase the resolution of the scanned file or images being submitted as required to adequately present the information. Unreadable and poorly scanned PDF files shall be rejected. b. Image Color Rendition: When information represented requires color to convey the intent and compliance, Contractor shall provide full color PDF reproduction. 4. Training: a. The Project Manager will coordinate the initial training between the Contractor and Submittal Exchange®. STATE OF VERMONT Contract #XXXX Page 1 of 3 Revision Date: 05/18/2022 Attachment B - Payment Provisions The State shall pay the Contractor a maximum amount of $XXXX upon satisfactory completion of the project and acceptance thereof by the State for all work identified in Attachment A, as follows: 1. Contract Sum: The State shall pay Contractor compensation as follows: Maximum Amount of $XXXX.00. a) Withholding shall be at 10% or unless otherwise noted in the Contract. b) Payments under this Contract shall be made in a manner consistent with applicable conditions in the General Conditions. c) Unit Prices contained in the bid for additions to or deductions from estimated quantities and or price are: LIST INDIVIDUAL UNIT PRICES IF APPLICABLE - REMOVE IF NOT APPLICABLE Unit price per XXX a. $XX.00 Unit price per XXX a. $XX.00 Unit price per XXX a. $XX.00 Unit price per XXX a. $XX.00 Etc. d) Alternates contained and identified on the Bid Proposal Form for additions to or deductions from, the value of which is taken at the Owner's option to adjust the Contract Sum as identified in 1. Contract Sum. REMOVE IF NOT APPLICABLE • ADD Alternate No. 1: XXX • DEDUCT Alternate No. 1: XXX 2. This agreement represents the entire agreement between the parties; No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 3. LANGUAGE USED UNDER SECTION 3 IS DEPENDENT ON FUNDING SOURCE IDENTIFIED IN RFP. OPTIONS ARE: This contract is funded, in whole or in part, through the American Rescue Plan Act (ARPA) funds and/or Vermont Capital Construction Act funds. Wages for construction employees shall be paid no less than the Vermont Prevailing Wage and Fringe Benefit Rate requirements (reference Instructions STATE OF VERMONT Contract #XXXX Page 2 of 3 Revision Date: 05/18/2022 to Bidders, Prevailing Wage Rate Requirements). A complete list of occupations and associated wage rates are available on the internet at: http://www.vtlmi.info/lmipub.htm OR This contract is funded using federal monies and shall require compliance with the Davis-Bacon Act. Wages shall be paid using rates no less than those established under the Davis-Bacon prevailing wage rates. Complete information related to Davis-Bacon and Related Acts is available at: http://www.dol.gov/whd/contracts/dbra.htm . OR This contract is funded using Vermont Capital Construction Act funds and/or American Rescue Plan Act (ARPA) funds, and federal funds that require compliance with the Davis-Bacon Act. In addition to the various requirements of the Davis-Bacon Act, wages for construction employees shall be paid using no less than the higher of either the federal (Davis-Bacon Act) or Vermont’s Prevailing Wage and Fringe Benefit Rates. OR REMOVE ALL IF NOT APPLICAPLE. 4. Contractor shall provide a detailed description of all work completed with each invoice. 5. The State shall not pay for any unauthorized labor, materials, equipment or expenses of Contractor. 6. Any services outside of agreement shall not be allowed. 7. The Contractor shall submit a detailed Schedule of Values for the owners review and use. Contractor shall submit invoices to the Department of Buildings and General Services on Contractor’s standard billhead and shall specify the address where payment will be sent and shall include the Contract number. The State shall pay the Contractor based on the actual in-place quantity of work, as shown on the Schedule of Values. 8. The amount of compensation paid to the undersigned for work deemed outside the scope as determined by the State will be in one of the following manners as directed by the Owner. a) A price agreed upon between the Owner and the Contractor. b) A price determined by adding 15% for overhead and profit to the total direct cost of any extra work excluding unit pricing. c) A price determined by extending unit price work above, if applicable. 9. Upon substantial completion of the work, and upon receipt of approved O&M manuals and record drawings, the State shall make payment, reflecting adjustment in retainage, if any, for work to be completed or corrected. 10. Upon certification by the State that all work has been completed, the following documentation must be received prior to final payment being made: http://www.vtlmi.info/lmipub.htm http://www.dol.gov/whd/contracts/dbra.htm STATE OF VERMONT Contract #XXXX Page 3 of 3 Revision Date: 05/18/2022 a) Contractor shall keep State property free from liens arising hereunder. Prior to any progress payment, the State may require Contractor to furnish waivers of liens or such other evidence of compliance herewith. The State shall require every Contractor to furnish final lien waivers prior to final payment. b) At the conclusion of the project, the affected contractors must complete the Construction Employment Report and submit it to the Dept. of Buildings and General Services for recording. A complete description and dollar value of the work or supplies provided, and percentage value of the overall construction contract for each such M/WBE transition must be included. Final payment will not be made until this requirement has been satisfied. 11. Payment Terms: Net 30. Payment of progress and final invoices shall be due from the State 30 days after delivery of an invoice free of errors in documentation and approved by the State’s project representative. Retainage withheld, if any, is due from the State within 30 days after receipt of the final invoice, which may be submitted after final acceptance of the work or issuance of a Certificate of Substantial Completion less an amount, as determined by the State, to complete unfinished work. 12. Contractor shall invoice the State at: State of Vermont Buildings and General Services Attention: Project Manager 133 State Street Montpelier, VT 05633-5801 ATTACHMENT C: STANDARD STATE PROVISIONS FOR CONTRACTS AND GRANTS REVISED DECEMBER 07, 2023 “Attachment C: Standard State Provisions for Contracts and Grants” (revision version dated December 07, 2023) constitutes part of this Agreement and is hereby incorporated by reference as if fully set forth herein and shall apply to the purchase of all goods and/or services by the State under this Agreement. A copy of this document is available online at: https://bgs.vermont.gov/purchasing-contracting/forms. https://bgs.vermont.gov/purchasing-contracting/forms 1 Vermont Agency of Natural Resources, Waste Management Division Construction Site Waste Reduction Plan Company Name: Contact Person: _________________________________________ Address: Telephone #: ___________________________________________ Project Location: Project Description: (Demolition/renovation/new construction, square footage, commercial/residential/industrial, timeframe, etc.) 2 Job-site Planning Worksheet Attach any extra sheets as needed Waste Prevention Planning - What steps have been taken to prevent waste from being generated during the project? This could include using designs that favor standard sizes or specifying building techniques that incorporate fewer materials. On job sites, it could include a central location for all wood cutting to facilitate use of the cut-off pieces. It could also include asking suppliers to take back excess materials, removing salvageable materials before construction/renovation/demolition or including specifications requiring subcontractors to prevent waste. Education Plan - Describe how the Waste Management Program will be communicated to construction crews and subcontractors and how contractors will insure that subcontractors abide by the Plan. Contract specifications - Include any subcontractor waste reduction specifications you incorporated into your contract such as requirements for reusing or recycling certain materials. The web site at: https://dec.vermont.gov/waste-management/solid/materials-mgmt/construction-waste has sample language for all stages of construction/demolition/renovation. Describe how these contract specifications have been enforced. It is important for large projects to specify its waste management goals in subcontractor agreements. This assures that the expectations and procedures are communicated clearly to everyone. The following is a sample specification in a subcontractor agreement: "The subcontractor will make a good faith effort to reduce the amount of waste generated on the job-site and recycle material as per the contractor's Waste Reduction Plan. The subcontractor will follow the designated handling procedures for each type of waste generated on-site and provide documentation to verify material reuse, recycling, and disposal as indicated in the waste Reduction Plan." Reprinted from the King County Washington, Construction Recycling Program https://dec.vermont.gov/waste-management/solid/materials-mgmt/construction-waste 3 Reuse & Recycling Worksheet – page 2 of 3 Material Estimated Quantity End Markets - For a listing of Vermont salvage and recycling markets check out the web site at: www.anr.state.vt.us/dec/wastediv/recycling/c&d.htm or call 802-241-3477 or 241-3481. When researching recycling options - ask the recyclers what they are doing with the wastes. Handling/Site Management - how materials are to be removed, separated, stored and hauled for reuse or recycling. Sample listing: Cardboard one 3 cy dumpster Recycled thru ABC Hauling. A covered cardboard dumpster will be placed next to the trash dumpster. Will call hauler when full. Salvageable Items or used building materials such as windows, doors, moldings, fixtures, bathroom fixtures, etc. (Please list items separately) Asphalt roofing shingles Asphalt Brick Cardboard http://www.anr.state.vt.us/dec/wastediv/recycling/c&d.htm 4 Reuse & Recycling Worksheet page 3 of 3 Material Estimated Quantity End Markets - For a listing of Vermont salvage and recycling markets check out the web site at: www.anr.state.vt.us/dec/wastediv/recycling/c&d.htm or call 802-241-3477 or 241-3481. When researching recycling options - ask the recyclers what they are doing with the wastes. Handling/Site Management - how materials are to be removed, separated, stored and hauled for reuse or recycling. “Clean” Wood Concrete Metal Plaster/Drywall “Treated/Painted” Wood Other http://www.anr.state.vt.us/dec/wastediv/recycling/c&d.htm Contract #_____________ Amendment #__ Revision Date: 07/19/2023 STATE OF VERMONT CONTRACT AMENDMENT It is hereby agreed by and between the State of Vermont, AGENCY/DEPARTMENT (the "State") and CONTRACTOR NAME, with a principal place of business in CITY, STATE (the "Contractor") that the contract between them originally dated as of CONTRACT START DATE, Contract # NUMBER, as amended to date, (the “Contract”) is hereby amended as follows: REMOVE/EXPAND/REVISE THE BELOW AMENDMENT ITEMS, AS APPLICABLE I. Maximum Amount. The maximum amount payable under the Contract, wherever such reference appears in the Contract, shall be changed from $____ to $____, representing an increase / a decrease of $____. II. Contract Term. The Contract end date, wherever such reference appears in the Contract, shall be changed from OLD END DATE to NEW END DATE. [REMOVE/REVISE FOLLOWING SENTENCE AS APPLICABLE] The Contract Term may be renewed for one additional one-year period at the discretion of the State. III. Attachment A, Scope of Services. The scope of services is amended as follows: EXAMPLE: Section __ of Attachment A [is amended by the addition of the following requirements] [OR] [is hereby deleted in its entirety and replaced as set forth below /or/ in the attachment to this Amendment]. IV. Attachment B, Payment Provisions. The payment provisions are amended as follows: EXAMPLE: Section __ of Attachment B [is amended by the addition of the following requirements] [OR] [is hereby deleted in its entirety and replaced as set forth below /or/ in the attachment to this Amendment]. V. Attachment C, Standard State Provisions for Contracts and Grants. Attachment C is hereby deleted in its entirety and replaced by the Attachment C EFFECTIVE DATE attached to this Amendment. Taxes Due to the State. Contractor certifies under the pains and penalties of perjury that, as of the date this contract amendment is signed, the Contractor is in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the State of Vermont. Child Support (Applicable to natural persons only; not applicable to corporations, partnerships or LLCs). Contractor is under no obligation to pay child support or is in good standing with respect to or in full compliance with a plan to pay any and all child support payable under a support order as of the date of this amendment. Certification Regarding Suspension or Debarment. Contractor certifies under the pains and penalties of perjury that, as of the date this contract amendment is signed, neither Contractor nor Contractor’s principals (officers, directors, owners, or partners) are presently debarred, Contract #_____________ Amendment #__ Revision Date: 07/19/2023 suspended, proposed for debarment, declared ineligible or excluded from participation in federal programs, or programs supported in whole or in part by federal funds. Contractor further certifies under pains and penalties of perjury that, as of the date this contract amendment is signed, Contractor is not presently debarred, suspended, nor named on the State’s debarment list at: http://bgs.vermont.gov/purchasing-contracting/debarment Sole Source Contract for Services. This Contract results from a “sole source” procurement under State of Vermont Administrative Bulletin 3.5 process and Contractor hereby certifies that it is and will remain in compliance with the campaign contribution restrictions under 17 V.S.A. § 2950. Cybersecurity Standard Update 2023-01: Contractor confirms that all products and services provided to or for the use of the State under this Agreement shall be in compliance with State of Vermont Cybersecurity Standard Update 2023-01, which prohibits the use of certain branded products in State information systems or any vendor system that is supporting State information systems, and is available on-line at: https://digitalservices.vermont.gov/cybersecurity/cybersecurity- standards-and-directives . State and Federal Terms for Products and Services. Contractor agrees that “STATE OF VERMONT- FEDERAL TERMS SUPPLEMENT (Non-Construction) Revision date: July 19, 2023)” which is attached as Attachment ___ to this amendment, applies to any products or services provided to the State, at any time, when using federal funds. This document consists of ___ pages. Except as modified by this Amendment No. ___, all provisions of the Contract remain in full force and effect. [Remainder of Page Intentionally Left Blank] http://bgs.vermont.gov/purchasing-contracting/debarment https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-directives Contract #_____________ Amendment #__ Revision Date: 07/19/2023 The signatures of the undersigned indicate that each has read and agrees to be bound by this Amendment to the Contract. STATE OF VERMONT CONTRACTOR NAME By: ________________________ By: ___________________________ Name: _____________________ Name: ________________________ Title: ______________________ Title: _________________________ Date: _______________________ Date: _________________________ MINORITY/WOMEN BUSINESS ENTERPRISES (M/WBE) CONSTRUCTION CONTRACT REPORT Project Name: _______________________________________________________________ Contract No.: ____________ Contract Amount: ____________ Contract Date: _________ Contractor’s Name, Address, Telephone and Facsimile Numbers: ____________________________________________________ ____________________________________________________ ____________________________________________________ Telephone Number: _______________________ FAX Number: ____________________________ The following information on Minority and Women Business Enterprises subcontracted on this project is provided to the Vermont Department of Buildings and General Services in accordance with Paragraph 15, Minority and Women Business Enterprises (M/WBE), of the Contract between the State of Vermont and the General Contractor for the above- mentioned project. Minority/Women Business Enterprises Name, Address & Telephone Number Trade or Materials Supplied Subcontract Value Percentage of Total Project Signature: _____________________________________ Name (please print): ____________________________ Title: _________________________________________ 01/06/2011 Construction Employment Report 01/06/2011 DEPARTMENT OF BUILDINGS AND GENERAL SERVICES TWO GOVERNOR AIKEN AVENUE MONTPELIER, VERMONT PROJECT TITLE: ________________________________________________________________________ NAME/ADDRESS/TELEPHONE & FAX NUMBER OF CONTRACTOR: ______________________________________________________ ______________________________________________________ ______________________________________________________ TELEPHONE NO.: ( ) _____________________________ FAX NO.: ( ) ____________________________________ CHECK ONE: General Contractor ⃞ First-tier Subcontractor ⃞ The following information is provided to the Vermont Department of Buildings and General Services in accordance with Paragraph 14, Employment of Women and Minorities, of the Contract between the State and the General Contractor for the above-referenced project. Applicant’s Name, Address & Phone Number Employee Group *1 Trade *2 Action Taken *1. Employee Group – Please select from the following three groups: MM – Minority Male WF – White Female MF – Minority Female *2. Trade – Specify type of trade, i.e., electrical, mechanical, carpentry, masonry, etc. FOR BGS USE ONLY: CONTRACT NO.: _______________ Return to: Name of individual sending Individual email address Contractor: _____________ Address 1 _____________ City, State, Postal _____________ Contractor’s SOV Contract Number: _____________ Contract Subject Matter: _____________ This communication is sent to your company as you currently hold the State of Vermont (SOV) Contract referenced above. On March 3, 2022, Governor Phil Scott issued Executive Order No. 02-22, which in part requires a review of all contracts for Russian-sourced goods and goods produced by Russian entities. The Executive Order can be found here: https://governor.vermont.gov/content/executive-order-02-22-solidarity-ukrainian-people The State is required to secure your response to this certification request. You should (1) either check Box A below, or check Box B and complete the associated table accordingly, and (2) sign below certifying that the form is accurate on behalf of your organization with respect to whether Russian-sourced goods and goods produced by Russian entities are being provided to the State of Vermont under the Contract. Response to this letter must be submitted on or before XXX, 2022 by email to the SOV “Return to” contact stated above. If convenient for you, an electronic version of the template used for this letter is available at the web address link Forms | Buildings and General Services (vermont.gov) above. A. ☐ Contractor hereby certifies that in connection with the Contract, none of the applicable goods are Russian-sourced goods and/or produced by Russian entities. B. ☐ If the non-use box is not checked in Section A above, Contractor hereby indicates that certain products provided under this contract with the State of Vermont are Russian-sourced goods and/or produced by Russian entities, as described in the table below. In addition, identify where indicated in the table, which goods are Russian-sourced and/or produced by Russian entities. An additional column is provided for any note or comment that you may have. SOV Contract # Provided Equipment, Product or Goods Contractor Note or Comment Identify the point of contact for your company, along with their email address and phone number who the State can reach out to with follow-up questions or information associated with Executive Order No. 02-22. Contact Name: E-mail: ____________ Phone: ____________ https://governor.vermont.gov/content/executive-order-02-22-solidarity-ukrainian-people https://bgs.vermont.gov/purchasing-contracting/forms The person signing this form states that the person is authorized to sign on behalf of the Contractor, and that upon reasonable inquiry and investigation, the certification and information provided above is true and correct for the Contractor and for its vendors whose products are being used to support performance of the Contract. Contractor Name: By: Name: Title: Date: 1 STATE OF VERMONT STANDARD FORM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (May 22, 2019) The following general conditions are for use with all construction contracts with the State of Vermont, administered through the Department of Buildings and General Services. These general conditions will be attached to, and become part of, the Contract Documents. If there is a conflict between the terms and conditions stated in these general conditions and the terms and conditions contained in the State-Contractor Agreement; the terms of the State-Contractor Agreement control. ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS The term “State-Contractor Agreement” refers to the specific agreement between the State of Vermont and a particular contractor whereby the State and the contractor identify, explain and agree to the specific contractual obligations of each party and identify the nature and scope of a particular project. The “State-Contractor Agreement” will utilize one of the following construction delivery methods: (i) A general contractor hired by the State to provide all services necessary for the construction of the particular project. The general contractor is responsible for completing the particular project for a fixed price; (ii) a construction manager hired by the State to provide professional services and act as a consultant to the State in the design development and construction phases and to deliver the particular project for a Guaranteed Maximum Price; or (iii) a design-build contractor hired by the State to provide both design and construction services, under a single contract, for a particular project. 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the State-Contractor Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to bid opening and any Change Orders after execution of the Contract. 1.1.2 THE CONTRACT 2 The Contract Documents form the contract for construction. This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. The contract may only be amended by Change Order. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor, but the Architect shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract Documents shall create any contractual relationship between the State or the Architect and any Subcontractor or Sub-subcontractor. 1.1.3 THE WORK The Work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part. 1.1.5 PROJECT MANAGER The term “Project Manager” refers to the employee of the State who has been assigned responsibility for overseeing and managing the proper and timely implementation of the project. 1.2 EXECUTION & INTENT 1.2.1 Upon request, the State-Contractor Agreement will be signed in duplicate by the State and Contractor. 1.2.2 By executing the Contract, the Contractor represents that he or she has visited and examined the site; is fully informed as to the extent and character of the Project; familiarized himself or herself with the local conditions under which the Work is to be performed, and correlated his / her observations with the requirements of the Contract Documents and understands that no consideration will be given for any alleged misunderstanding of same. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as, if required by all. Work not covered in the Contract Documents will not be required unless it is consistent with the Contract Documents and is reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4 The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work am