27-176T.pdf

SPECIFICATIONS & PROJECT MANUAL FOR

WAKEMAN FARM TOWN BARN

TOWN OF WESTPORT REQUEST FOR PROPOSAL #27-176T

CONCRETE

August 17, 2026

TOWN OF WESTPORT BOARD OF SELECTMEN

KEVIN CHRISTIE, FIRST SELECTMAN

DEPARTMENT OF PUBLIC WORKS

LAURENCE ROBERTS, DIRECTOR OF PUBLIC WORKS

KEITH S. WILBERG, PE, LS, TOWN ENGINEER

Engineering Division IRS ID #06-6002128 110 Myrtle Ave, Room 210 Town of Westport Westport, CT 06880

(203) 341-1120

INDEX

TOWN OF WESTPORT BIDDING AND CONTRACT REQUIREMENTS

SCOPE OF WORK

NOTICE TO BIDDERS

00200 - INFORMATION FOR BIDDERS

00300 - PROPOSAL

00401 - BID BOND

00402 - QUALIFICATIONS OF BIDDER

00403 - NON-COLLUSIVE BID STATEMENT

00404 - AGREEMENT

00405 - PAYMENT BOND

00406 - PERFORMANCE BOND

00500 - GENERAL CONDITIONS

00700 – SUPPLEMENTARY CONDITIONS

01010 - INTRODUCTION TO TECHNICAL SPECIFICATIONS

01530 – DUST CONTROL

01600 – RESTORATION

DIVISION 1 - GENERAL REQUIREMENTS

01 23 00 Alternates 01 33 00 Submittals and Substitutions.

01 42 00 Applicable References 01 45 00 Quality Control 01 56 00 Temporary Barriers & Enclosures 01 74 19 Cleaning 01 75 00 Starting & Adjusting 01 77 00 Project Closeout

DIVISION 2 – SITE & EXISTING CONDITIONS

See Civil Drawings & Specifications

DIVISION 3 – CONCRETE

03 30 00 Concrete

DIVISION 4 – MASONRY

Not Used

DIVISION 7 – THERMAL & MOISTURE PROTECTION

07 21 00 Building Insulation

Index – 1

SCOPE OF WORK

RFP 27-176T

CONCRETE/ FOUNDATION

1. SCOPE OF WORK

Scope of work includes the following:

• All footings, slabs and exterior concrete walks

• Vapor barrier, foundation & under slab insulation

• Gravel base and soil compaction as required

• Install sanitary sewer line from toilet room to 5 feet outside building

• Exterior landings and steps

• Layout of foundation

The following work will be provided by others under a separate agreement with the owner.

• All excavation and backfilling

• Installation of the construction fence

• Installation of all erosion control measures including the silt fence

• Installation of all cultic units and associated underground piping for the roof drains

WESTPORT, CONNECTICUT

OFFICE OF THE CONTROLLER

TOWN HALL, 110 MYRTLE AVE.

WESTPORT, CONNECTICUT 06880

(203) 341-1080

TOWN OF WESTPORT, CONNECTICUT

NOTICE TO BIDDERS

Sealed bids for:

FOUNDATION

will be received by the Town of Westport until

11:00 AM, September 22, 2026 at

Westport Town Hall Controller’s Office, Room 313

110 Myrtle Avenue Westport, CT 06880

No Bids will be received after the hour specified above. Bid documents may be downloaded from the Town’s website:

www.westportct.gov/bids The Town will hold a non-mandatory walkthrough at the site on Wednesday, September 9, 2026 at 10:00 AM

Questions in regards to the bid shall be submitted in writing to bwatson@westportct.gov by 4:00PM September 14th.

The Bid Opening will take place via ZOOM at 11:30 AM after the bid deadline. Bidders may request a ZOOM invitation by e-mailing Berit Watson at bwatson@westportct.gov,

(203) 341-1047.

The Town of Westport reserves the right to waive any defects and informalities in the bidding or in any bid, to reject any or all bids for any reason whatsoever, and to accept that bid deemed to be in the best interest of the Town of Westport.

Berit Watson Westport Purchasing Officer http://www.westportct.gov/bids mailto:bwatson@westportct.gov

WAKEMAN FARM BARN

Westport CT

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Foundation

00200 INFORMATION FOR BIDDERS

Bids will be received by The Town of Westport (herein called the "Owner"), at the Office of the Controller, Room 313 Town Hall - 110 Myrtle Avenue, Westport, Connecticut, 06880 until:

11:00 AM, September 22, 2026

No bids will be received after the hour specified above. The Bid Opening will take place via ZOOM at 11:30 AM after the bid deadline. Bidders may request a ZOOM invitation by e-mailing Berit Watson, Westport Purchasing Officer, at bwatson@westportct.gov, (203) 341-1047.

Each Bid must be submitted in a sealed envelope, addressed to THE TOWN OF WESTPORT, OFFICE OF THE CONTROLLER, ROOM 313 AT 110 MYRTLE AVENUE, WESTPORT, CONNECTICUT. Each sealed envelope containing a Bid must be plainly marked on the outside as:

RFP #27-176T

FOUNDATION

The bid envelope should also bear on the outside the name of the Bidder, the Bidder’s address, and license number if applicable. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the OWNER at the OFFICE OF THE CONTROLLER, ROOM 313, TOWN HALL, 110 MYRTLE AVENUE, WESTPORT, CONNECTICUT, 06880.

All Bids must be made on the required Bid form. All blank spaces for Bid prices must be filled in, in ink or typewritten, and the Bid form must be fully completed and executed when submitted. Only ONE hard (paper) copy of the Bid form is required, and ONE electronic copy (CD or memory stick).

The Owner may waive any informalities or minor defects or reject any and/or all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered. No Bidder may withdraw a Bid within 90 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the Bidder.

Bidders must satisfy themselves of the accuracy of estimated quantities in the Bid Schedule by an examination of the site and a review of the Contract Drawings and Specifications including Addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of Work or of the nature of the Work to be done.

Purchases made by the Town of Westport are exempt from payment of Federal Taxes and Connecticut Sales and Use Taxes, and such tax must not be included in the bid price of any items or materials permanently incorporated into the work or furnished to the Town under the contract.

The Contract Documents contain the provisions required for the construction of the Project.

Information obtained from an officer, agent, or employee of the Owner or any other person shall mailto:bwatson@westportct.gov

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Foundation not affect the risks or obligations assumed by the Contractor or relieve the Bidder from fulfilling any of the conditions of the contract.

Each Bidder must include completed Qualifications of Bidder and Non-Collusive Bid Statement forms with his Bid. The low Bidder is required to submit completed Qualifications of Subcontractors, and non-collusion Affidavit of Subcontractor forms within ten (10) days of the Bid.

Each Bid must be accompanied by a Bid Bond payable to the Owner for fifteen (15) percent of the total amount of the Bid, including both the base bid amount and all alternates. As soon as the Bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible Bidders. When the Agreement is executed the bonds of the two remaining unsuccessful Bidders will be returned. The Bid Bond of the successful Bidder will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned. The surety on the Bid Bond must be a corporate surety licensed to sign surety bonds in the State of Connecticut and also listed by the United States Treasury Department in its latest list as a qualified surety acceptable to the United States Government. No bid bond will be accepted if the amount is less than 15% of the total estimated bid, including both the base bid and all alternates, or if the amount exceeds the limit for which the United States Treasury Department has qualified the surety for any one bond. A certified check may be used in lieu of a Bid Bond.

A Performance Bond and a Payment Bond, each in the amount of 100 percent of the Contract Price, with a corporate surety approved by the owner, will be required for the faithful performance of the contract. The surety on the bond must meet the requirements stated under Bid Security except that the amount of the bond may exceed the limit for which the United States Treasury Department has qualified the surety if the excess is reinsured with surety companies that are qualified on the United States Treasury Department list for an amount equal to the amount of the reinsurance. Written evidence of how any excess suretyship has been placed by the surety signing the bond must accompany the bond.

Attorneys-in-fact who sign the Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney.

The party to whom the contract is awarded will be required to execute the Agreement and obtain the Performance Bond and Payment Bond within ten calendar days from the date when Notice of Award is delivered to the Bidder. The Notice of Award shall be accompanied by the necessary Agreement and bond forms. In case of failure of the Bidder to execute the Agreement, the Owner may at his option consider the Bidder in default, in which case the Bid Bond accompanying the proposal shall become the property of the Owner.

The Owner, upon receipt of acceptable Performance Bond, Payment Bond, and Agreement signed by the Contractor shall sign the Agreement and return to the Contractor an executed duplicate of the Agreement within a 10-day period. The returned executed Agreement by the Owner to the Contractor shall be accompanied with a Notice to Proceed.

The Owner may make such investigation as he deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such

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Foundation

Bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated therein.

A conditional or qualified Bid will not be accepted.

The Owner reserves the right to reject the use of the Bidders subcontractor if the evidence submitted by, or investigation of, such subcontractor fails to satisfy the Owner that such subcontractor is properly qualified to complete the work contemplated herein. Rejection of the Bidders subcontractor shall not relieve the Bidder of any requirements of the Bid or this Contract nor provide grounds for the Bidder to request compensation for his use of an alternate qualified subcontractor.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout.

Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to his Bid.

The low Bidder must supply the name and addresses of major material suppliers and subcontractors when requested to do so by the Owner.

Procedure for determining the lowest responsible, qualified bidder:

The Town shall determine the “Lowest Responsible Qualified Bidder” on the basis of the Bidder’s submission of the lowest “Total Base Bid”; responsiveness of the Bidder’s proposal; demonstration of a history of ability and integrity necessary to perform the required work; and certification of the Bidder’s performance of the required work in accordance with the contract documents.

In the event of any discrepancies between this Information for Bidders and other sections of the contract documents, this Information for Bidders shall govern.

- End of Section -

00300 PROPOSAL

PR-1

The Board of Selectman Town Hall Westport, Connecticut

PROJECT: WAKEMAN FARM BARN

TOWN RFP # 27-176T

CONCRETE

The undersigned declares he/she has carefully examined the Information for Bidders, Form of

Proposal, Plans, Specifications, Addenda listed below, any other contract documents, and the site of work for the above project and hereby proposes to furnish all plant, labor, materials and equipment and perform all work necessary to complete the project in strict accordance with the requirements of the contract documents.

Accompanying this proposal is security for 15% of the contract bid upon, in the form of a bid bond in the amount of:

The names and addresses of all partners, officers or parties interested in the foregoing bid are as follows:

NAME ADDRESS PHONE # EMAIL

The undersigned hereby designates at his office to which all notices and letters may be delivered or mailed.

SIGNATURE OF CONTACT

BIDDER INFORMATION

(Name of Corporation, Firm or Individual)

In signing this Bid, I agree that I have received all the Bid Documents entitled dated in the Invitation to Bid, List of Drawings and Addenda numbered and dated as follows:

Addendum No.: Dated:

1. BASE BID:

The Base Bid shall include the cost of materials, labor, equipment, overhead, profit and taxes necessary to complete the work to the Owner’s satisfaction. This includes, but is not limited to, temporary work, submittals, subcontractors, and other efforts required to affect the work. It also includes all materials, labor, PR-2 and equipment for incidental work associated with the installation of the item, such as hardware, welding, curing and protection, and any other item implicit to the proper installation of the item subject to the acceptance by the Owner. The cost in the Base Bid shall include the quantities reflected in the Bid Documents.

BASE BID

General Conditions including layout, foundation location, permits (no cost)

Foundation, including formwork and concrete placement $

Concrete slab, including insulation $

TOTAL BASE BID $

The following costs shall be added to all change orders that increase the cost of the project:

Construction will commence 10 calendar days after written authorization to proceed and will be completed 180 calendar days after commencement.

2. UNIT PRICES:

Unit Prices shall be used for adding, deducting or modifying base bid work as may be directed by the Town.

The Unit Price shall include the cost of materials, labor and equipment, sales tax, and overhead and profit necessary to complete the work to the Owner’s satisfaction. This includes, but is not limited to, temporary work, submittals, subcontractors, and other efforts required to affect the work. It also includes all materials, labor, and equipment for incidental work associated with the installation of the item, , and any other item implicit to the proper installation of the item subject to the acceptance by the Owner.

ITEM NO. WORK ITEM DESCRIPTION UNITS UNIT PRICE

UP-1 Structural fill CY $ /CY

UP-2 Sub-base CY $ /CY

3. CONDITIONS OF SUBMITTAL:

In submitting this bid, I agree as follows:

1. To hold open my bid for 120 days after bid opening.

2. To enter into and execute a contract, if awarded on the basis of this bid, according to the Agreement listed in the Bidding Documents.

3. To accomplish the work in accordance with the Contract Documents.

4. To begin work within ten (10) calendar days of receipt of Notice to Proceed, NTPC1.

5. To substantially complete the Work within the Contract Time.

PR-3

6. By submission of this bid, each Bidder and each person signing on behalf of any Bidder certifies, and in case of a joint bid, each party thereto certifies, as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

6.1 The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor.

6.2 Unless otherwise required by law the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and;

6.3 No attempt has been made or will be made by the Bidder to induce any other person, partnership, or corporation to submit or not submit a bid for the purpose of restricting competition.

END OF SECTION

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00401 BID BOND

TOWN OF WESTPORT

KNOW ALL MEN BY THESE PRESENTS

THAT WE, of the Town of , County of , and

State of Connecticut, as PRINCIPAL, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact a surety business in the State of Connecticut (hereinafter called the "Surety"), as Surety, are held and firmly bound unto the Town of Westport, as Obligee, in the sum of:

lawful money of the United States of America, for the payment of which, well and truly to be made to the Obligee, we bind ourselves, our heirs, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, whereas the Principal has submitted herewith to the Town of Westport, a Proposal dated attached, which is

WAKEMAN FARM TOWN BARN

NOW THEREFORE,

(a) if such Proposal is rejected; or in the alternative,

(b) if such Proposal is accepted and the contract is awarded to the Principal, and the Principal enters into a written agreement when required by the Obligee, with such surety bonds as shall be acceptable

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to the agreement and for the payment of all labor and material used in the performance of the work, then this obligation shall be null and void; otherwise the same shall remain in full force and effect, and the Principal and Surety hereto agree to pay to the Obligee all damages sustained by the agreement, including, but without limiting the generality of the foregoing, the difference between the amount of the Principal's Proposal submitted herewith and the amount for which the Obligee may contract with another party to perform the work covered by such Proposal if the latter amount be in excess of the former, subject, however, to the following conditions:

1. The liability of the Principal to pay to the Obligee the damages sustained by the Obligee as a consequence of the principal's failure to enter into the agreement is not limited to the amount of this bond, and

2. The obligation of the surety hereunder shall be the full amount of the Principal's liability, reduced by any amount paid by the Principal on account of such liability, but not more than the amount of this bond in any event.

3. The surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall in no way be impaired or affected by any extension of the time within which the Town of Westport may accept such bid; and such Surety does hereby waive notice of any such extension.

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IN WITNESS WHEREOF, WE HAVE SET our hands and seals this day of A.D. 20 .

(L.S.)

WITNESS PRINCIPAL

By: (L.S.)

WITNESS

(If the Principal is a Corporation or Partnership, so indicate, as well as title of officer signing this bond on its behalf.)

(L.S.)

WITNESS SURETY

By: (L.S.)

WITNESS

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Note: If an individual signs as agent for a Surety Company, he must also submit a Power of Attorney enabling him to act on behalf of the Surety Company, as well as a statement of its financial condition, and a copy of the corporate resolution authorizing the issuance of bonds.

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ACKNOWLEDGEMENT OF PRINCIPAL

STATE OF

COUNTY OF SS , 20

DATE

PERSONALLY APPEARED FOR

signer (s) and sealer (s) of the foregoing instrument and acknowledged the same to be free act and deed, before me.

Commissioner of the Superior Court Notary Public

My Commission Expires

ACKNOWLEDGEMENT OF SURETY

STATE OF

COUNTY OF SS , 20

PERSONALLY APPEARED FOR

signer(s) and sealer(s) of the foregoing instrument, being thereunto duly authorized, and acknowledged the same to be free act and deed, and the free act and deed of said corporation, before me.

Commissioner of the Superior Court Notary Public

My Commission Expires

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00402 QUALIFICATIONS OF BIDDER

The Bidder is required to submit on the following pages the information required in regard to qualifications for the Work.

(USE BACK OF THIS SHEET IF NECESSARY)

A. The location, character, cost, date and names of engineers or officials of similar work previously constructed by the undersigned are as follows:

B. The equipment which will be available for performing the work under this contract is as follows:

Own Equipment:

Rented Equipment:

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

Name of Bidder Address

WAKEMAN FARM BARN RFP-27-176T

00403 NON-COLLUSIVE BID STATEMENT

All bidders are required to sign a Non-Collusive Bid Statement with all public bids as follows:

1. The bid has been arrived at by the bidder independently and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other vendor or materials, supplies, equipment, or services described in the

Advertisement for Bids, designed to limit independent billing or competition, and

2. The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid.

Name of Bidder

Address

Signature

Title

Date

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00404 AGREEMENT

THIS AGREEMENT, made this day of , 20 , by and between THE TOWN OF WESTPORT, a municipal corporation in the COUNTY OF FAIRFIELD and the State of Connecticut (hereinafter called the "Owner") and doing business as a (an individual), or (a partnership), or (a Corporation) (hereinafter called the "Contractor") organized and existing under the laws of the State of Connecticut.

WITNESSETH: That for and in consideration of payments and agreements hereinafter mentioned:

1. The Contractor will commence and complete the construction of:

within 180 consecutive calendar days of receipt of the Notice to Proceed. Any exceptions to this MUST be noted in the bid proposal

2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the project described herein.

3. The Contractor agrees to perform all of the Work described in the Contract Documents for the sum arrived at by multiplying the Unit Prices of the respective items in the Bid Schedule by the total quantities of the items completed and accepted, subject to additions and deductions as provided in the General Conditions.

4. The term "Contract Documents" means and includes the following:

Advertisement for Bids

Information for Bidders

Proposal

Agreement

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General Conditions

Special Provisions

Specifications

Contract Drawings

Addenda as herein enumerated:

No. , dated , 20

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5. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents.

6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, 4 copies of this Agreement, each of which shall be deemed an original on the date first above written.

(SEAL)

ATTEST:

CONTRACTOR

BY (L.S.)

NAME

TITLE

(SEAL)

ATTEST:

BY (L.S.)

NAME

KEVIN CHRISTIE, FIRST SELECTMAN

Approved as to form:

Asst. Town Attorney

I certify that the foregoing Contract has been examined and found to conform to the requirements of Chapter 11 of the Town Charter.

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Controller Date

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00405 PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS

THAT WE, of the City/Town of

, County of , and state of Connecticut; as PRINCIPAL, and , as SURETY, are held and firmly bound unto the TOWN OF WESTPORT, hereinafter called OWNER in the sum of:

in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, whereas the Principal has entered into a certain written contract with the Owner, dated the day of , A.D., 20 , (“Contract”) a copy of which is hereto attached and made a part hereof for the construction of:

WAKEMAN FARM TOWN BARN

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NOW THEREFORE, if the Principal and each of its Subcontractors shall promptly make payment to persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

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PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Every person furnishing material or performing labor in the performance of the contract, either as an individual, as a subcontractor, or otherwise, shall have the right to sue on this bond.

IN WITNESS WHEREOF, WE HAVE SET our hands and seals this day of , 20 .

[INSERT NAME OF PRINCIPAL], Principal Witness Print Name:

By:

Witness Print Name:

Print Name: Print Title:

Witness [INSERT NAME OF SURETY], Surety Print Name:

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By:

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of

Connecticut.

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00406 PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS

THAT WE, of the City/Town of , County of , and State of ;

as PRINCIPAL, and , of the City/Town of

, County of , and State of , as

SURETY, are held and firmly bound unto the TOWN OF WESTPORT, hereinafter called OWNER in the sum of:

in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors and assigns, jointly and severally, firmly by these presents.

The liability of the Surety under this bond shall in no event exceed the bond amount set forth above or in any additions, riders or endorsements properly issued by the Surety.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, whereas the Principal has entered into a certain written contract with the Owner, dated the day of , A.D., 20 , (“Contract”) a copy of which is hereto attached and made a part hereof for the construction of:

WAKEMAN FARM TOWN BARN

REQUEST FOR PROPOSAL #27-176T

NOW THEREFORE, if the Principal shall well and truly keep, and perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and during any additional guaranty period after the original term of the Contract, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and

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save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

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IN WITNESS WHEREOF, WE HAVE SET our hands and seals this day of , 20 .

[INSERT NAME OF PRINCIPAL], Principal Witness Print Name:

By:

Witness [INSERT NAME OF SURETY], Surety Print Name:

By:

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of

Connecticut.

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00500 GENERAL CONDITIONS

TABLE OF CONTENTS

ARTICLE TITLE

PAGE

1. Definitions GC-1

2. Agreement and Contract Documents GC-1

3. Shop Drawings and Submittals GC-1

4. Work Area, Materials Storage, Temporary Services and Facilities GC-2

5. Inspection, Testing and Certificates of Conformance GC-2

6. Substitutions GC-2

7. Surveys, Layout of Work GC-2

8. Permits, Ordinances, and Regulations GC-3

9. Supervision by Contractor GC-3

10. Protection of Work, Property, Persons GC-3

11. Night and Sunday Work GC-3

12. Blasting and Explosives GC-3

13. Job Meetings GC-3

14. Changes in the Work GC-3

15. Changed Conditions GC-4

16. Changes in Contract Price GC-4

17. Time for Completion and Liquidated Damages GC-4

18. Suspension of Work, Termination and Delay GC-4

19. Measurement and Payments to Contractors GC-5

20. Partial Use of Site Improvements GC-6

21. Acceptance of Final Payment as Release GC-6

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22. Insurance GC-6

23. Contract Security GC-7

24. Assignments GC-7

25. Indemnification GC-7

26. Separate Contracts GC-8

27. Private Utility Lines GC-8

28. Work by Others GC-8

29. Subcontracting GC-8

30. Engineer's Authority GC-8

31. Land and Rights of Way GC-8

32. Guaranty GC-8

33. Taxes GC-8

34. Provisions Required by Law Deemed Inserted GC-9

35. Safety Provisions GC-9

36. Wage Rates GC-9

GC-1

1. DEFINITIONS

ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Contract Drawings and Specifications, by additions, deletions, clarifications or corrections.

AGREEMENT - The written agreement entered into between the Owner and the Contractor covering the Work to be performed, including without limitation the Contract Documents.

CHANGE ORDER - A written order to the Contractor authorizing an addition, deletion or revision in the Work within the general scope of the Contract Documents, or authorizing adjustment in the Contract Price or Contract Time.

CONTRACT – The Agreement, including without limitation the Contract Documents.

CONTRACT DOCUMENTS – The documents listed as “Contract Documents” in the Agreement.

CONTRACT DRAWINGS – A part of the Contract Documents consisting of the plans for Work.

CONTRACT PRICE - The total monies payable to the Contractor under the terms and conditions of the Contract Documents.

CONTRACT TIME - The number of calendar days stated in the Contract Documents for the completion of the Work.

CONTRACTOR - The person, firm or corporation with whom the Owner has executed the Agreement.

ENGINEER - The Westport Town Engineer.

FIELD ORDER - A written order effecting a change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time, issued by the Engineer to the Contractor during construction.

NOTICE OF AWARD - The written notice of the acceptance of the Bid from the Owner to the successful Bidder.

NOTICE TO PROCEED - Written communication issued by the Owner to the Contractor authorizing him to proceed with the Work and establishing the date of commencement of the Work.

OWNER - The Town of Westport

PROJECT - The undertaking to be performed as provided in the Contract Documents.

RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the Owner who is assigned to the Project site or any part thereof.

SPECIAL PROVISIONS - Modifications, additions and clarifications to the Contract Documents.

SPECIFICATIONS - A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

WORK - All labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the Project.

WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of the Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the Work.

2. AGREEMENT AND CONTRACT DOCUMENTS

The Contract Documents and all addenda shall form the Agreement, and provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth.

The Owner will furnish the Contractor, without charge, five copies of the Contract Documents, including Specifications and Contract Drawings. Additional copies will be furnished at nominal cost to the Contractor, upon request.

In case of conflict between the Contract Drawings and Specifications, the Specifications shall govern. Figure dimensions on Contract Drawings shall govern over scale dimensions, and detailed drawings shall govern over general drawings. Any discrepancies found between the Contract Drawings and Specifications and site conditions, or any inconsistencies or ambiguities in the Contract Drawings or Specifications, shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing.

Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk.

The Contractor may be furnished additional instructions and detail drawings by the Engineer as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the Contract Documents.

3. SHOP DRAWINGS AND SUBMITTALS

The Contractor shall provide three (3) copies of all shop drawings and submittals as required by the Specifications. The Engineer will retain two (2) copies of all approved shop drawings and submittals, and return one to the Contractor. Shop drawings and submittals are to be submitted as detailed in the Special Provisions, and/or sufficiently in advance of requirements, to provide the Engineer time for review and correction if necessary. The Engineer's review

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of shop drawings and submittals shall not release the Contractor from responsibility for deviations from the Contract Documents.

Certificates of conformance must be submitted on all material and/or equipment that will become the property of the Owner.

Portions of the Work requiring shop drawings or submittals shall not begin until after review by the Engineer. Any submittals not following this procedure will be rejected.

4. WORK AREA, MATERIALS STORAGE, TEMPORARY

SERVICES AND FACILITIES

The Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the specified time.

The Contractor shall confine his work/storage area to the limits as designated or approved and shall be responsible for the security of the work/storage area. Storage of materials or establishing temporary facilities on private property shall be solely up to the Contractor and he shall assume all responsibility and liability for same. Upon completion of the Agreement, the Contractor shall remove all equipment and materials except as otherwise specified and restore the site to its original condition.

5. INSPECTION, TESTING AND CERTIFICATES OF

CONFORMANCE

The Owner reserves the right to require testing of any and all materials, equipment or samples delivered to the job site. Such testing shall be done by an independent testing laboratory at the expense of the Contractor. Any material so sampled and found not to meet the requirements of these specifications shall be rejected and the entire shipment removed from the site at the Contractor's expense. Furthermore, the Owner reserves the right to then require each material to be manufactured and tested in accordance with the standard specifications, (e.g. AWWA, ANSI, etc.), cited hereafter.

In addition to other requirements specified, the Contractor shall furnish to the Engineer, in the manner as directed, notarized certificates of conformance for all materials to be furnished under this Agreement. The notarized certificates of conformance shall state that the material to be furnished under this Agreement meets the specification requirements. When directed, each shipment of material shall be accompanied by the manufacturer's notarized certificates of conformance, certifying that the materials meet the requirements of the specifications.

All materials and equipment used in the construction of the Project shall be subject to adequate inspection in accordance with generally accepted standards. Neither observations by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents.

The Engineer, the Owner and their representatives will at all times have access to the Work. The Contractor will provide proper facilities for access, inspection, and observation of the Work. If any Work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense.

If the Engineer considers it necessary or advisable that covered Work be re-exposed, due to suspicion of defective work, the Contractor will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the Work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such Work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such Work is not found to be defective, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate Change Order shall be issued.

6. SUBSTITUTIONS

References to brand names or catalogue numbers in the Contract Documents are for the purpose of defining the performance or other salient requirements of materials and equipment. The Contractor may request to substitute materials or equipment of equal substance and function. If in the opinion of the Engineer, such material or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the Contract Price and the Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the Contract Price or Contract Time.

7. SURVEYS, LAYOUT OF WORK

The Engineer shall furnish initial land surveys and establish all base lines for locating the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work as shown on the Contract Drawings.

The Contractor shall perform all layout work necessary for the satisfactory execution of the construction as shown on the Contract Drawings and all costs in connection therewith shall be included in the Contract Price(s).

The Contractor shall be held responsible for protecting and safeguarding all control points and bench marks set by the Engineer and his own forces. Any replacement or re-establishment of control points and bench marks set by the Engineer, shall be at the expense of the Contractor.

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8. PERMITS, ORDINANCES, AND REGULATIONS

Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor. The Contractor will be required to obtain a Road Opening permit from the Town of Westport. All fees will be waived.

Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as drawn and specified.

9. SUPERVISION BY CONTRACTOR

The Contractor will supervise and direct the Work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. Except where the Contractor is an individual and gives his personal superintendence to the Work he will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times to provide adequate supervision and coordination of the Work.

10. PROTECTION OF WORK, PROPERTY AND PERSONS

The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons who may be affected thereby, all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt Written Notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved.

11. NIGHT AND SUNDAY WORK

Unless otherwise especially permitted by the Owner, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Sunday, except as necessary for the proper care and protection of the work already performed. The Engineer shall be informed a reasonable time in advance of the beginning of performance of such work. Only such work will be permitted at night as can be done satisfactorily and in a first class manner and without disturbance to adjoining property owners. Good lighting and all other facilities for carrying out and inspecting the work shall be provided and maintained at all points where such work is being done. The parties hereto recognize and agree that the work is affected with a public interest, affecting the health, safety, and general welfare of the people of the Town of Westport.

12. BLASTING AND EXPLOSIVES

Explosives shall not be brought onto or used on the site without prior written permission of the Owner. If approved, the use of explosives and blasting methods will be in strict conformance with:

Administrative Regulations, Connecticut State Police Department - Storage, Transportation, and Use of Explosive and Blasting Agents, (latest revision).

Copies of these regulations may be obtained at the State Fire Marshall's Office, Meriden, Connecticut.

Prior to any blasting, the Contractor must obtain a Blasting Permit from the Westport Fire Department. Proof of Insurance will be required. Police and Fire departments must be notified at least 24 hours prior to blasting. Any additional requirements of the Owner or the Westport Fire Department regarding the use of explosives shall be strictly complied with.

13. JOB MEETINGS

Job meetings may be called by the Engineer on behalf of the Owner on the Project site, or at such place as is mutually agreed, at such times as is deemed necessary by the Owner which the Contractor shall attend. The Contractor if required, shall be notified in writing of the job meetings and shall have his Subcontractors attend as is deemed necessary to accomplish the purposes of said meeting. The Contractor and his Subcontractors shall be prepared to present complete and definite reports as to status of Work, dates of delivery, conditions of manufacturing, labor, shipping data, time of accomplishment or completion, method of construction and such other information as may be related to the execution of the Work.

14. CHANGES IN THE WORK

The Director of Public Works shall have the power, without notice, or approval of Surety, to alter and change the line, grade, plan, form, position, dimension or material of or for the Work herein contemplated, or any part thereof, in a manner not inconsistent with the general layout of the project. This may be done either before the signing of the Agreement or after starting of the work, or the

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Director may order in writing any extra work which may be deemed necessary in connection with the work. The Director of Public Works may increase or decrease the unit quantities in the Proposal.

The Engineer, also, may at any time, by issuing a Field Order, make changes in the details of the Work. The Contractor shall proceed with the performance of such changes unless the Contractor believes that such Field Order entitles him to a change in Contract Price or Time, or both, in which event he shall give the Engineer Written Notice of same within five (5) days after the receipt of the ordered change. The Contractor shall not execute such changes until he receives an executed Change Order or further instruction from the Engineer.

15. CHANGED CONDITIONS

The Contractor shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the Owner by Written Notice of latent physical conditions at the site differing materially from those indicated in the Contract Documents or of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents.

The Owner shall promptly investigate the conditions, and if he finds that such conditions do so materially differ and cause an increase in the cost of, or in the time required for, performance of the Work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required Written Notice.

16. CHANGES IN CONTRACT PRICE

The Director of Public Works reserves the right to increase or decrease any item of the Proposal. If such change increases or decreases the total original Contract Price by more than 25%, then the costs of the changed work will be subject to negotiation.

The Contract Price may be changed only by a Change Order. The value of any Work covered by a Change Order or of any claim for increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below:

a. Unit prices previously approved.

b. An agreed lump sum.

c. The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work.

In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the Work to cover the cost of general overhead and profit.

17. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

The Contractor will proceed with the Work at such rate of progress to insure full completion within the Contract Time. The Contractor agrees that no construction work shall commence until a Pre-construction video has been approved by the Director of Public Works. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work.

If the Contractor shall fail to complete the Work within the Contract Time, or extension of time granted by the Owner, then the Contractor will pay to the Owner liquidated damages in the amount of…