10-002 Code Vt. R. 10-050-002-X

Current through August, 2024

Section 10 050 002 - POLICIES OF STATE BUILIDNG DIVISION

Section I Regulations Regarding Solicitors

1. No agent, peddler, salesman, solicitor or other person without appointment is permitted in an assigned deaprtmental area unless he has the express permission of the department or agency head whose employees occupy that area.

2. No agent, peddler, salesman, solicitor or other person not otherwise authorized is permitted in lobbies, hallways, cafeterias, conference or other areas common to all agencies, unless the activity involves the presentation of information to benefit a department, or departments, and the State Building Director so authorizes.

Section II Parking Regulations, State of Vermont, State-Owned Parking Lots

1. Definitions:

A. "State Parking Lot" shall mean any paved or unpaved parcel of land, so designated, lot or structure owned or rented by the State of Vermont and under the control and/or jurisdiction of the director of state buildings, or that part of a leased building and its adjacent spaces as may be under the control and jurisdiction of the state buildings director by executive or other order of the administration.

B. "Operator" shall mean and include every individual who shall operate any vehicle on a state parking lot either as the owner or as the agent, employee or permitee of the owner or otherwise, and shall include those department heads where so-called "pool cars" are available for use by departmental members.

2. Rules and Regulations for Parking in State Lots or Structures:

A. The parking of any vehicle, private or state-owned, in any state parking lot shall be within lanes whenever same are established by painted stripes or otherwise and shall conform to any and all other directions posted on the site.

B. Parking in all areas shall be in such a manner as to provide ample room for ingress to and egress from the area to all other vehicular traffic.

C. Parking at loading docks and platforms shall be restricted to commercial and other service vehicles while in the process of loading or unloading state commodities.

D. All persons utilizing state parking lots during times of winter weather shall give due consideration to such hazards as falling ice and snow and slippery ground conditions. Temporary directions, as may be occasioned by snow obstruction, snow removal or other winter conditions, and by maintennce and repair work, shall be compled with.

E. Parking in state parking lots shall be limited to state-owned vehicles and to vehicles operated by state employees or by persons actively engaged in state activities. Overnight and weekend parking shall be limited to state-owned vehicles.

F. In state-owned parking lots and structures under his jurisdiction, the state buildings director may from time to time designate and assign specific areas to certain buildings, positions or to certain departments or agencies, as the need may indicate.

G. Use of state parking lots shall at all times be entirely at the risk of the owner or operator. The State of Vermont does not at any time or under any condition assume any responsibility for damage to or theft of any privately-owned vehicle in any state parking lot or for personal injury, from any cause whatsoever, to any person or persons utilizing a state parking lot.

3. Violations and Penalties:

A. Any vehicle improperly parked or in any other manner in violation of any part of Section II may be deemed by the state buildings director or his authorized agents to be in violation of these regulations and subject to removal forthwith. The state shall not be responsible for any coats or other expenses occasioned by such removal.

Section III Policy or Procedure for Bid Openings

1. It shall be the practice to establish in the bid or proposal, a definite time, day and place for opening closed sealed bids. A closed bid is constituted of any item having a monetary value of five thousand dollars or more.

2. If a large group is expected to attend the opening and the bids are to be opened in the Conference Room (third floor), State Administration Building, prior arrangements are to be made to reserve this Conference Room.

3. At least two representatives from the Buildings Division will attend all such bid openings.

4. Before opening the bids, the Engineer or Architect will inform those in attendance of the bid or proposal date, and the services, equipment or material to be purchased.

5. The Engineer or Architect will announce the name and address of each bidder before reading the bid.

6. If certified checks or bid bonds are a requirement of the bid, the Engineer or Architect will state the amount of check or bid bond and if a bond is furnished, the name of the bonding company.

If a certified check or bid bond is not furnished with the bid, it shall be deemed as sufficient reason for rejection.

7. Read all letters accompanying bids.

8. Read the quantities, items, unit prices, terms of sale and completion or delivery dates.

9. Repeat any information which may be requested. However, bring to the attention of those present, that questions of interpretation will be in order after all bids are read.

10. No decisions are to be made at the bid opening. All bids will be taken under advisement and those attending shall be so informed. Invite questions.

11. Bids brought after the time of the bid shall not be accepted and shall not be considered for award.

12. Telephone bids will not be accepted.

13. Bids by telegram will be considered, subject to formal confirmation on our quotation form. However, al telegrams received must be submitted to the Buildings Division prior to the bid opening hour specified on the request for quotation form.

14. The person typing up the proposal shall be responsible for providing sufficient tabulation sheets.

15. It is the Engineer's or Architect's responsibility to ask a second person to attend the bid opening.

16. Engineers or Architects are not permitted to allow interested bidders, at public openings, to examine quotations. If they have any questions or wish additional information, read it from the bid. Do not pass them around.

Section IV General Insurance Requirements for Contractors Under Contract With the Vermont State Buildings Division

The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been obtained and approved.

(a) Compensation Insurance - The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workman's Compensation Insurance. In case of employees engaged in hazardous work on the project under this contract and not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected.

(b) Contractor's Public Liability, Property Damage Insurance, & Automobile Bodily Injury Insurance - The Contractor shall provide and shall maintain during the life of this contract Contractor's Public Liability Insurance and Contractor's Property Damange Insurance in the amounts of $ 100,000/ $ 300,000 bodily injury and $ 100,000 property damage. Also he shall maintain during the life of this contract Automobile Bodily Injury Insurance in the amount of $ 100,000/ $ 300,000 bodily injury and $ 100,000 property damage.

(c) Subcontractor's Public Liability & Property Damage Insurance - The Contractor shall require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance of the type and in the amounts specified in subparagraph (b).

(d) Scope of Insurance a Special Hazards - The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and, also against any of the special hazards which may be encountered in the performance of this contract.

(e) Owner's Protective Insurance - The Contractor shall provide and maintain during the life of this contract an Owner's Protective Liability policy written in the name of the State of Vermont to cover all exposures arising out of and in the course of this contract.

(f) All Risk - Bidder's Risk Insurance - The Contractor shall provide such insurance as will protect the Contractor and the Owner from loss or damage while the project is under construction and prior to full acceptance thereof by the Owner. The policies shall be payable to the Contractor and the Owner as their interests may appear. This provision shall not relieve the Contractor of his obligation to complete according to plans and specifications, the project covered by the contract, and the Contractor, and his surety shall be obliged to full performance of the Contractor's undertaking, and the risk of loss for partial or complete destruction of the structure and materials used therewith, for any cause whatsoever, shall be on the Contractor until full acceptance of the project by the State.

Section V Small Contracts Involving Labor and Materials; General Specifications

Site Inspection - Bidders should berify all governing conditions at the site and become fully informed as to the extent and character of the work required. No consideration will be granted for any alleged misunderstanding of the materials to be furnished or work to be done, it being understood that the submission of a bid is an agreement by the successful bidder to all items and conditions referred to herein.

Quality of Materials and Workmanship - By bidding on the contract, the contractor does thereby guarantee that the materials and workmanship supplied will be of the best grade, that equipment will e installed in a practical and first-class manner, that it will be complete in operation, nothing being omitted in the way of labor and materials required to make it so, although not specifically shown or mentioned; and that it will be delivered in good working order, complete and perfect in every respect.

Changes - Changes or variations in any of the governing specifications will only be made when approved in writing by the State Buildings Director. Verbal instructions, from any source, will not be considered.

Substitutions - Any bidder who wishes to provide under the governing specifications what he considers to be an approved equal to any item or method specificied, must make such substitutions known in writing to the Director of State Buildings at least ten (10) days prior to the bid opening in order that other bidders may have an equap opportunity, and shall receive written approval for use of such alternate from the State Buildings Director. The bidding contractors shall be notified by addenda of any changes in the bidding document prior to the bid date. It is the responsibility of the bidder to be sure he has received all addenda and he must state the number of addenda he has received in his proposal. A bid proposal must be completed in its entirety to be accepted.

Contractor's Responsibility to Agency Head - The contractor shall report to the chief administrative officer of the institution or department where the work is to be undertaken. He shall inform the officer of the date on which he expects to start work under the contract. It shall be the responsibility of the contractor to keep the chief administrative officer informed as to the progress of the work and when all work under the contract has been accomplished.

Award - The State reserves the right to reject any of all bids, and to award the contract as may be deemed in the best interest of the State.

Insurance - By his bidding on the accompanying contract proposal, the successful bidder agrees to carry workman's compensation insurance as required by the laws of the State of Vermont. He also shall carry general liability insurance covering his own operations or those of any subcontractor in such limits as are specified. A certificate of such insurance shall be filed with the State Buildings Director before the contract will be awarded.

Work not Detailed in Specifications and Service Warranty - Work not specifically described in the specifications shall be done in accordance with the standard practice and all work shall be completed in neat and workmanlike manner. The contractor shall re-execute any work that fails to conform to the requirements of the contract and that appears during the progress of the worrk, and shall remedy any defects due to faulty materials or workmanship which appears within a period of one year from the date of completion of the contract. Unless otherwise agreed, the contractor shall provide free service for all mechanical and electrical equipment for a period of one year from date of completion. The provisions of this paragraph apply to work done by subcontractors as well as to work done by direct employees of the contractor.

Fair Practice Provisions - The contractor shall comply with the fiar employment practices provision set forth in 21 V.S.A., Subchapter 6, and applicable federal law relating thereto.

Protection of Project - The contractor shall adequately protect the work, adjacent property, and the public and shall be responsible for any damage or injury due to his act or neglect, and shall save the State harmless in respect thereto. The contractor shall keep the premises free from accumulation of waste material and rubbish and at completion of the work shall, unless otherwise agreed, remove from the premises all rubbish, implements, and surplus materials and leave the building broom clean, and save the State harmless in respect thereto.

Non Collusion - The State of Vermont is conscious of and concerned about some instances where collusion seems evident. It should, therefore, be understood by all bidders that, in signing the bid with which this General Specification is concerned, they agree that the prices quoted have been arrived at without colusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrang consideration of this bid by the Attorney General's Department, all bidders should understand that this paragraph may be used as a basis for litigation.

Taxes - The State is exempt from all sales and all Federal excise taxes. Federal excise tax registration number will be furnished upon request covering taxable items. Please quote less these taxes.

Payments - Payments shall be made within ten (10) days of receipt and approval of invoice. Invoices shall be submitted direct to the institution or department on stand State Invoices on or about the first of each month for all work completed during the preceding month.

Instructions: Bid - Performance - Payment - Guaranty Bonds (Available from the Administration Department, State Buildings Division.)

Bid Bond. (Available from the Administration Department, State Buildings Division.)

Performance Bond. (Available from the Administration Department, State Buildings Division.)

Payment Bond. (Available from the Administration Department, State Buildings Division.)

Guaranty Bond. (Available from the Administration Department, State Buildings Division.)

10-002 Code Vt. R. 10-050-002-X

Effective Date: July 10, 1968
AMENDED: May 28, 1969