TOWN OF COVENTRY

ENGINEERING

CONTRACT DOCUMENTS

FOR

COVENTRY PATRIOTS PARK REVITALIZATION –

PLAYGROUND REPLACEMENT

STEAP GRANT FUNDED

PROJECT No. 2023-032-149

COVENTRY, CT

Sealed Bids will be received until 2:00 P. M. Local Time on April 23, 2026, in the Town Manager’s Office, Town Hall, Coventry, Connecticut. Bids will be opened and read in the Town Manager’s Conference Room adjacent to the Town Manager’s Office in the Coventry Town Hall immediately following the deadline.

Town of Coventry

PATRIOTS PARK REVITALIZATION – PLAYGROUND REPLACEMENT

Coventry, Connecticut

CONTRACT DOCUMENTS

TABLE OF CONTENTS

Section A

1. Invitation to Bid Legal Notice

Section B – BIDDER REQUIREMENTS

2. Bid Bond

3. Non-Collusive Bid Statement

4. CHRO: Bidder Contract Compliance

Section C

5. Information to Bidders

6. Special Conditions

7. Prevailing Wage

Section D

8. DRAFT: Contract Agreement

9. DRAFT: Performance Bond

10. DRAFT: Payment Bond

11. Notice of Award

12. Notice to Proceed

Section E

13. Project Specifications

Section F

14. Project Permits

Section G

14. Project Plans

INVITATION TO BID

Sealed proposals for “PATRIOTS PARK REVITALIZATION – PLAYGROUND REPLACEMENT, STEAP GRANT FUNDED PROJECT No. 2023-032-149” will be received until 2:00 p.m. Local Time, April 23, 2026, in the Town Manager’s Office, Town Hall, 1712 Main Street, Coventry, CT.

This project involves the development of a new playscape areas with a poured in place rubberized surface under the conditions provided in the Contract Documents. Coventry’s Public Works Department (DPW) is prepping the area to subgrade elevation. A mandatory pre-bid meeting on Tuesday April 15, 2026, 2 P.M. local time at the site at Patriots Park. This meeting will review STEAP grant requirements and gives bidders an opportunity to assess the site’s subgrade conditions.

Contract documents, pdf format, can be obtained from the Town Engineer as listed below. The bidder shall provide the playground proposals, 10% bid bond, non-collusion form, and CHRO’s Bidder Contract Compliance Monitoring Report in the manual for bid submittal.

Funding provided by the State of Connecticut Small Town Economic Assistance Program administered by the Connecticut Department of Economic and Community Development

(DECD).

This contract is subject to state contract compliance requirements, including set aside (25% SBE and 6.25% M/W/DBE) and non-discrimination requirements enforced by the CHRO.

The Town of Coventry reserves the right to reject all proposals, or to waive any technical defects, and to make an award to the party determined to be the most responsive and responsible bidder if it is deemed to be in the best interest of the Town. No Bidder may withdraw their bid within sixty (60) days after the actual date of the opening thereof.

Contact the Town Engineer at 860 742-4078 or tpenney@coventry-ct.gov for Bid Documents, further information, and/or questions.

Coventry is an affirmative action/equal employment opportunity employer.

Minority/Women's Business Enterprises are encouraged to apply. This contract is subject to state set-aside and contract compliance requirements.

James Drumm Town Manager

TOWN OF COVENTRY, CONNECTICUT

STANDARD BID BOND

KNOW ALL MEN BY THESE PRESENTS:

That we of

(hereinafter called the principal) 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 Coventry, Connecticut, as Obligee, in the penal sum of lawful money of the United States of America, for the payment of which, will and truly to be made to the Obligee, we bind ourselves, our heirs, successors, and assigns, jointly and severally, firmly by these presents.

Signed, sealed and delivered this day of A. D. 2011

THE CONDITION OF THIS OBLIGATION is such, that whereas the said Principal has herewith submitted his bid dated for

NOW THEREFORE, If the herewith submitted bid of the Principal be accepted and the contract awarded to said Principal, and the Principal enters into a written agreement when required by the said Town Council (or its authorized agent), with such surety bonds as shall be acceptable to said Town Council (or its authorized agent) for the performance of the work according to said written agreement, as provided by the General Statutes of Connecticut, as revised, then this obligation shall be null and void; otherwise the principal and surety hereto agree to pay unto the Obligee the difference between the amount of the bid of said Principal, submitted herewith, and the amount for which the Obligee may contract with another party to perform the work covered by the said bid of the Principal, if the latter amount be in excess of the former.

IN TESTIMONY WHEREOF, the said have caused these presents to be signed by their duly authorized representatives and their names and corporate seal to be hereunto affixed, the day and year first written.

L. S.

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_______________________________

CHRO CONTRACT COMPLIANCE LANGUAGE

The contractor who is selected to perform this State project must comply with CONN.

GEN. STAT. §§ 4a-60, 4a-60g, and 46a-68b through 46a-68f.

State law requires a minimum spending allocation goal of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification from the Connecticut Department of Administrative Services (“DAS”) under the provisions of CONN. GEN. STAT. § 4a-60g. (25% of the total state-funded value with DAS-certified Small Businesses and 6.25% of the total state-funded value with DAS-certified Minority-, Women-, and/or Disabled-owned Businesses.) The contractor must demonstrate good faith effort to meet the spending allocation goals.

TABLE OF CONTENTS

INFORMATION FOR BIDDERS

No. Title Page

1. Receipt & Opening of Bids I-1

2. Preparation of Bid I-1

3. Competency of Bidders I-1

4. Rejection of Proposals I-1

5. Telegraphic Modification I-2

6. Errors or Omissions I-2

7. Subcontracts I-2

8. Qualifications of Bidder I-2

9. Disqualification of Bidders I-2

10. Bid Security I-3

11. Damages for Failure to Enter into Contract I-3

12. Addenda & Interpretations I-3

13. Execution of Contract & Notice to Proceed I-3

14. Time of Completion I-4

15. Conditions of Work I-4

16. Security and Faithful Performance I-4

17. Method of Award I-4

18. Laws and Regulations I-5

19. Sales Tax I-5

20. Rights of Way I-5

21. Limit of Construction I-5

I-1

1. Receipt & Opening of Proposals

Sealed proposals for performing the work hereinafter described will be received at the Town Manager’s Office, Town Hall, 1712 Main Street, Coventry, Connecticut, until the time and date as shown on the title page of this proposal.

2. Preparation of Proposals

Proposals must be made as outlined in the Project Manual and attached hereto.

This request requires perspective contractors to provide the Town of Coventry with a Design-Build Proposal for the construction of playscape equipment and poured in place synthetic surface for a contract value of $280,000. Submittals must also include 10% bid bond, non-collusion affidavit and CHRO Notification to Bidders Form.

3. Competency of Bidders

The Town reserves the right to refuse to accept bids from any individual, firm or corporation based upon, but not limited to, one or more of the following facts:

(1) For having defaulted on previous contracts or is currently in litigation or arbitration with the Town of Coventry.

(2) For having failed to complete contracts within the time required without acceptable reasons.

(3) For having performed similar work in an unsatisfactory manner.

(4) For having failed to prosecute work continuously, diligently and cooperatively in an orderly sequence.

(5) When in the Town's judgment the bidder does not have the required experience in the class of work to be bid on, fails to have proper labor and equipment to prosecute the work within the time allowed, or fails to have sufficient capital and quick assets to finance the work.

4. Rejection of Proposals

Proposals may be rejected if they show any irregularities, omissions, alteration of form or additions not called for, or do not comply with instructions to bidders, or contain conditional or alternate bids, unless bids on alternate materials are specifically called for in the bid form.

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5. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Town prior to the closing time, and provided further that the Town is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Town until the sealed bid is opened. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification.

6. Errors or Omissions The Contractor shall be and is required to check all dimensions and quantities on the Contract Drawings and all statements in the Information for Bidders and Specifications before undertaking any portion of the work and shall notify the Engineer of all errors or omissions therein, which he may discover by such examination and checking. The Contractor will not be allowed to take advantage of any error or omission in these Specifications or in the Contract Drawings or in the Information for Bidders.

Full instructions will be issued by the Engineer should such error or omission be discovered and the Contractor shall carry out such instructions as if originally specified.

7. Subcontracts The bidder is advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to and approved by the Town.

8. Qualifications of Bidder The Town of Coventry may make such investigation as deemed necessary to determine the ability of the bidder to discharge his contract. The bidder shall furnish the town with all such information and data as may be required for that purpose. The town reserves the right to reject any bid if the bidder fails to satisfactorily convince the town that he is properly qualified by experience and facilities to carry out the obligation of the contract and to satisfactorily complete the work called for herein. Conditional bids will not be accepted.

9. Disqualification of Bidders Any or all bids will be rejected if there is reason to believe that collusion exists among the bidders, and no participants in such collusion will be considered in future proposals for the same work. Bids in which the prices obviously are unbalanced may be rejected. Unbalanced prices shall be interpreted to mean that the unit price for any item is such that it is unreasonable for that particular item when considered by itself and not considered in connection with the bid submitted on any other item or items. No

I-3 contract will be awarded except to competent bidders capable of performing the class of work contemplated.

10. Bid Security The bid must be accompanied by a bid bond which shall be not less than ten (10) percent of the amount of the project. The bid bond shall be duly executed by the bidder as principal and having a surety thereon which shall be acceptable to the town.

Certified checks or bank drafts will not be accepted.

No bidder may withdraw his bid within sixty (60) calendar days after the actual date of bid opening.

11. Damages for Failure to Enter into Contract The party to whom the contract is awarded will be required to execute the agreement and obtain the performance and payment bond within ten (10) calendar days from the date when notice of award is delivered to the bidder. In case of failure of the bidder to execute the agreement and submit bond forms, the town may, at its option, consider the bidder in default, in which case the bid security accompanying the proposal shall be called.

12. Addenda & Interpretations Any request from prospective bidder for interpretation of meaning of contract drawings, specifications or other contract documents shall be made in writing to the Town Engineer, Town Hall, Town of Coventry, Connecticut, and to be given consideration must be received at least seven (7) days prior to date fixed for opening of bids. Interpretations will be made in form of written addenda to contract documents, which addenda shall become a part of contract. Addenda will be mailed at least three

(3) days prior to date for opening of bids to all those who requested bid packages.

Failure of any bidder to receive any such addenda shall not relieve bidder from any obligation under his proposal as submitted.

13. Execution of Contract & Notice to Proceed Upon receipt of acceptable Performance Bond, Payment Bond (labor and materials), Insurance Certificates and signed Agreement, the Town will, within ten (10) days, enter and sign the Agreement unless it deems it not to be in the best interest of the Town.

The Notice to Proceed shall be issued within ten (10) days of the execution of the agreement by the town. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement.

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It is the intent for the Contractor to commence construction immediately, but in no case exceed ten (10) days from the date on the notice to proceed.

14. Time of Completion

The bidder must agree to commence work substantially within ten (10) days of the Notice to Proceed from the Town Engineer and to faithfully complete the project within thirty (30) calendar days. The bidder will be levied liquated damages in the amount of $750 a day for every consecutive calendar day the project is not substantially complete past the allotted contract calendar days. Considerations will be made about excessive weather delays.

15 Conditions of Work At the date fixed for opening of bids, it will be presumed that each bidder has made an examination of location and site work to be done under contract; has satisfied himself as to actual conditions, requirements and quantities or work; and has read and become thoroughly familiar with Contract Documents, including contract drawings, specifications and addenda.

16. Security and Faithful Performance In addition to the agreement, the successful bidder shall also provide, within the time stipulated above, a surety bond by a company satisfactory to the Town in an amount equal to one hundred (100) percent of estimate total contract price recorded in proposal of contract as executed.

17. Method of Award The contract will be awarded to the responsible bidder submitting the lowest total base bid complying with the conditions of these contract documents. The bidder to whom the award is made will be notified as soon as possible. The successful bidder shall execute and deliver to the Town, within ten (10) days after notification of the award, an agreement in the form included in the contract documents, in such number as the Town shall require.

The Town also reserves the right to reject any or all bids, for any reason the Town deems advisable, and to award contract or contracts to any of contractors bidding on work regardless of amount of bid. It is intended that contract or contracts will be awarded to lowest responsible and eligible bidder (or bidders) possessing skill, ability, and integrity necessary to faithfully perform the work.

Any bid in which the prices obviously are unbalanced is a cause for the bid to be rejected. Unbalanced prices shall be interpreted to mean that the unit price for any item is such that it is unreasonable for the particular item when considered by itself and not considered in connection with the bid submitted on any other item or items.

I-5

18. Laws and Regulations The bidder's attention is directed to the fact that all applicable federal and state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full.

The contractor who is selected to perform this State project must comply with CONN. GEN. STAT. §§ 4a-60, 4a-60a, 4a-60g, and 46a-68b through 46a-68f, inclusive, as amended by June 2015 Special Session Public Act 15-5.

State law requires a minimum of twenty-five (25%) percent of the state-funded portion of the contract be set aside for award to subcontractors holding current certification from the Connecticut Department of Administrative Services (“DAS”) under the provisions of CONN. GEN. STAT. § 4a-60g. (25% of the total state-funded value with DAS-certified Small Businesses and 6.25% of the total state-funded value with DAS-certified Minority-, Women-, and/or Disabled-owned Businesses.) The contractor must demonstrate good faith effort to meet the 25% set-aside goals.

19. Sales Tax Under the terms of the regulations referring to CONTRACTORS and SUBCONTRACTORS issued by the State Tax Commission in administration of the State Sales and Use Tax, to which the bidder is referred, the contractor may purchase materials or supplies to be consumed in the performance of this contract without payment of tax and shall not include in his bid nor charge any use or sales tax thereon.

Any non-resident Contractor shall obtain and provide to the Town of Coventry with a certificate from the Connecticut Commissioner of Revenue Services of compliance with Connecticut General Statutes Section 12-430(7) or the Town will be required to deduct six and thirty-five hundredths percent (6.35%) of all amounts payable to such non-resident Contractor and pay it over to the Commissioner of Revenue Services.

20. Rights-of-Way The Town shall provide, upon request, any information which is pertinent to and delineates and describes the land owned and rights-of-way acquired or to be acquired.

21 Limit of Construction The bidder advised that the limit of construction lines shown on the plans have been established based on funding allocation and the Engineer's construction estimate.

The bid will be based upon the limit lines established. However, the bidder is advised that the Town may elect to extend or delete portions of the contract.

INDEX--SPECIAL CONDITIONS

NO. TITLE PAGE

1. Inspection SC – 1

2. Permits SC – 1

3. State of Connecticut Department of Transportation SC – 1 (D. O. T.) Specification Standards

4. Coordination of Utilities SC – 1

5. Safety Signs and Traffic Control SC – 1

6. Daily Cleanup SC – 1

7. Signs SC – 2

8. Surveys SC – 2

9. Reports, Records and Data SC – 2

10. Right to Eliminate Work SC – 2

11. Conditions of the Site and Constraints SC – 2

12. Sanitary Provisions SC – 3

13. Use of Reclaimed Materials SC – 3

14. Project Schedule SC – 3

15. Contractor’s and Subcontractor’s Insurance SC – 3

16. Indemnification SC – 5

SPECIAL CONDITIONS

SC-1

1. INSPECTION

Authorized representatives and agents of the Town of Coventry and the State of

Connecticut shall have access and be permitted to inspect all work, materials, payrolls, contract records, invoices of materials and other relevant data in the development and progress of the project.

2. PERMITS

All permits have been obtained by the Town of Coventry prior to the bidding of the project. Copies of all permits are included in the Contract Documents for the Contractors use.

3. STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION (D.O.T.)

SPECIFICATION STANDARDS

All references to D.O.T. Specifications shall apply to Form 818 including the January

2020 Supplemental Specifications issued by D.O.T.

4. COORDINATION OF UTILITIES

The Contractor shall make adequate provisions to allow utility work to be completed on this project. The Contractor shall coordinate with the utility company or contractor performing the work to insure uninterrupted work and minimize conflicts. No additional compensation will be allowed under the contract for delays, utility changes or associated work unless, in the opinion of the Engineer, such compensation is warranted and deemed to be in the best interest of the Town of Coventry. The following utility companies are provided:

Connecticut Water Company - water Connecticut Light & Power Company - electricity Frontier - telephone Charter - cable

5. SAFETY SIGNS AND TRAFFIC CONTROL

The Contractor shall furnish all warning signs, barricades, detour signs, including appropriate illumination, to insure the safety of local traffic, cyclists, pedestrians, workmen, or any person in the vicinity of the construction area and establish such warning and traffic signs as directed.

6. DAILY CLEANUP

Before the completion of each day's work, the Contractor shall be responsible for cleaning up and removing or relocating all excavated material, debris, equipment and the like and for temporarily backfilling or filling excavations as necessary to insure the

SC-2

continuous flow of traffic in roadways where work is progressing, including access to private property during non-working hours. Any excavated waste materials shall be placed in containers and covered each day. Full containers of waste materials shall be removed from the stie and properly managed within 24 hours.

7. SIGNS

Any signs disturbed or removed by the Contractor, whether shown on the plans or not, shall be reset or replaced at the Contractor's expense as directed by the Engineer.

Any traffic control devices damaged due to negligence shall be replaced by the contractor at his expense.

8. SURVEYS

The Contractor will furnish all lines, grades and measurements in laying out the work.

Such stakes or marks as the Contractor may set shall be preserved by the Contractor.

If such stakes are moved or destroyed by any party, they shall be replaced by the Contractor at the Contractor’s expense.

If any existing Coventry Highway bounds, Department of Transportation bounds, or any other public or private property bounds are disturbed during construction, they will be carefully and exactly replaced under the supervision of the Engineer. This work shall be at the expense of the Contractor.

9. REPORTS, RECORDS AND DATA

The Contractor and each of his subcontractors shall submit to the Town, schedules of quantities and costs, progress schedules, payroll reports, estimates, records and other data as the Town may request concerning the work performed or to be performed under this contract.

10. RIGHT TO ELIMINATE WORK

The Town of Coventry reserves the right to eliminate from the Contract any of the items of work.

11. CONDITIONS OF THE SITE AND CONSTRAINTS

The Contractor shall furnish all warning signs and barricades to insure the safety of local traffic and pedestrians in the vicinity of the construction area. The work site will be maintained in an orderly manner and protected to insure that no possibility exists where people may wander onto the construction site, fall into an open excavation or be injured due to the site conditions. If in the opinion of the Engineer or the Inspector, the site is not protected against such possibilities, the Contractor may be directed to provide temporary fencing or other protective measures to insure the safety of the work

SC-3

area. Any such measures so ordered will be at the expense of the Contractor. No additional compensation will be granted.

Required precautions shall be taken concerning noise, cleaning up, safety, security, etc.

All excavation, trench cuts or other temporary disturbances of the travel surface shall be filled, leveled, and compacted to maintain vehicle passage. Gravel, stone, temporary bituminous, or other methods used to stabilize an area for safe passage will be the responsibility of the Contractor.

The Contractor shall be limited to activities between 7:00AM and 4:00PM.

Adjustments will be considered should conditions warrant.

12. SANITARY PROVISIONS

The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the State Department of Health or of other bodies or tribunals having jurisdiction therewith.

13. USE OF RECLAIMED MATERIALS

Notwithstanding any language to the contrary in the Contract Documents, including the Technical Specifications, Form 818, etc., the Contractor shall use on site reclaimed materials, where noted, on this project.

14. PROJECT SCHEDULE

The project is anticipated to start on or about June 1, 2026 and shall be completed within thirty (30) calendar days. The Contractor shall supply the Town with a project schedule prior to the notice to proceed.

15. CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

The Contractor shall, after being awarded the Contract but prior to starting work, furnish Certificates of Insurance, including Automobile, Commercial General Liability, Professional Liability, Umbrella Liability, and Worker's Compensation insurance in the following amounts:

1. Commercial General Liability Insurance:

The Contractor shall provide Commercial General Liability insurance with a combined single limit of $1,000,000 per occurrence, $1,000,000 aggregate for bodily injury and property damage.

SC-4

The CGL shall be written on ISO occurrence form CG 00 01 10 93 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

2. Commercial Automobile Liability Insurance

The Contractor shall provide Commercial Automobile Liability insurance with a combined single limit of $1,000,000 per occurrence, $1,000,000 aggregate and shall include coverage for all owned, hired, and non-owned vehicles.

3. Worker’s Compensation Insurance

The Contractor shall provide Worker’s Compensation insurance in the required amount as applies to the State of Connecticut and Employers Liability Insurance as follows:

Bodily Injury by Accident - $100,000 each accident Bodily Injury by Disease - $500,000 policy limit Bodily Injury by Disease - $100,000 each employee

4. Umbrella Liability Insurance The Contractor shall provide Commercial Umbrella Liability insurance with a combined single limit of $1,000,000 per occurrence, $1,000,000 aggregate for bodily injury and property damage.

Each Policy of Insurance shall include a waiver of subrogation in favor of the Town of Coventry and shall provide no less than thirty (30) days’ notice to the Town of Coventry in the event of a cancellation or change in conditions or amounts of coverage. The Commercial General Liability, Automobile and Umbrella Liability shall name the Town of Coventry and State of Connecticut as an additional insured.

Certificates of Insurance, acceptable to the Town of Coventry, shall be delivered to the Town of Coventry prior to the commencement of the work and kept in force throughout the term hereof.

SC-5

The above insurance requirements shall also apply to all Subcontractors and the Contractor shall not allow any Subcontractor to commence work until the Subcontractor's insurance has been so obtained and approved.

16. INDEMNIFICATION

The Contractor shall indemnify and hold harmless the Town, the State of Connecticut, and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance or the Work provided that any such claim, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

In any and all claims against the Town, the State of Connecticut, or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this article shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workmen's Compensation Acts, Disability Benefits Acts or other employee benefit acts.

The obligations of the Contractor under this article shall not extend to the liability of the Town, the State of Connecticut, their agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the Town, its Engineer, agents or employees provided such giving or failure to give is the primary cause of injury or damage.

PREVAILING WAGE

Prevailing Wage rates have been applied for and will become part of this RFP.

SPECIAL NOTICE:

To All State and Political Subdivisions, Their Agents, and Contractors Connecticut General Statute 31-55a

- Annual adjustments to wage rates by contractors doing state work.

Sec. 31-55a. Annual adjustments to wage rates by contractors doing state work. Each contractor that is awarded a contract on or after October 1, 2002, for (1) the construction of a state highway or bridge that falls under the provisions of section 31-54 of the general statutes, or (2) the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project that falls under the provisions of section 31- 53 of the general statutes shall contact the Labor Commissioner on or before July first of each year, for the duration of such contract, to ascertain the prevailing rate of wages on an hourly basis and the amount of payment or contributions paid or payable on behalf of each mechanic, laborer or worker employed upon the work contracted to be done, and shall make any necessary adjustments to such prevailing rate of wages and such payment or contributions paid or payable on behalf of each such employee, effective each July first.

The prevailing wage rates applicable to any contract or subcontract awarded on or after October 1, 2002 are subject to annual adjustments each July 1st for the duration of any project which was originally advertised for bids on or after October 1, 2002. Each contractor affected by the above requirement shall pay the annual adjusted prevailing wage rate that is in effect each July 1st, as posted by the Department of Labor. It is the contractor’s responsibility to obtain the annual adjusted prevailing wage rate increases directly from the Department of Labor’s Web Site. The annual adjustments will be posted on the Department of Labor Web page: www.ctdol.state.ct.us. For those without internet access, please contact the division listed below. The Department of Labor will continue to issue the initial prevailing wage rate schedule to the Contracting Agency for the project. All subsequent annual adjustments will be posted on our Web Site for contractor access. Any questions should be directed to the Contract Compliance Unit, Wage and Workplace Standards Division, Connecticut Department of Labor, 200 Folly Brook Blvd., Wethersfield, CT 06109 at (860)263-6790.

WORKER TRAINING REQUIREMENTS FOR PUBLIC WORKS PROJECTS.

ENFORCEMENT. REGULATIONS. EXCEPTIONS.

Sec. 31-53b

(a) Each contract for a public works project entered into on or after July 1, 2009, by the state or any of its agents, or by any political subdivision of the state or any of its agents, described in subsection (h) of section 31-53, shall contain a provision requiring that each contractor furnish proof with the weekly certified payroll form for the first week each employee begins work on such project that any person performing the work of a mechanic, laborer or worker pursuant to the classifications of labor under section 31-53 on such public works project, pursuant to such contract, has completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration or, has completed a new miner training program approved by the Federal Mine Safety and Health Administration in accordance with 30 CFR 46 or, in the case of telecommunications employees, has completed at least ten hours of training in accordance with 29 CFR 1910.268, and, on or after July 1, 2012, that any plumber or electrician subject to the continuing education requirements of section 20-334d, who has completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration five or more years prior to the date such electrician or plumber begins work on such public works project, has completed a supplemental refresher training course of at least four hours in duration in construction safety and health taught by a federal Occupational Safety and Health Administration authorized trainer.

(b) Any person required to complete a course or program under subsection (a) of this section who has not completed the course or program shall be subject to removal from the worksite if the person does not provide documentation of having completed such course or program by the fifteenth day after the date the person is found to be in noncompliance. The Labor Commissioner or said commissioner's designee shall enforce this section.

(c) Not later than January 1, 2009, the Labor Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of subsections (a) and (b) of this section. Such regulations shall require that the ten-hour construction safety and health courses required under subsection (a) of this section be conducted in accordance with federal Occupational Safety and Health Administration Training Institute standards, or in accordance with Federal Mine Safety and Health Administration Standards or in accordance with 29 CFR 1910.268, as appropriate. The Labor Commissioner shall accept as sufficient proof of compliance with the provisions of subsection (a) or (b) of this section a student course completion card issued by the federal Occupational Safety and Health Administration Training Institute, or such other proof of compliance said commissioner deems appropriate, dated no earlier than five years before the commencement date of such public works project.

(d) This section shall not apply to employees of public service companies, as defined in section 16-1, or drivers of commercial motor vehicles driving the vehicle on the public works project and delivering or picking up cargo from public works projects provided they perform no labor relating to the project other than the loading and unloading of their cargo.

(P.A. 06-175, S. 1; P.A. 08-83, S. 1; P.A. 10-47, S. 2; P.A. 11-63, S. 1.)

History: P.A. 08-83 amended Subsec. (a) by making provisions applicable to public works project contracts entered into on or after July 1, 2009, replacing provision re total cost of work with reference to Sec. 31-53(g), requiring proof in certified payroll form that new mechanic, laborer or worker has completed a 10-hour or more construction safety course and adding provision re new miner training program, amended Subsec. (b) by substituting "person" for "employee" and adding "or program", amended Subsec. (c) by adding "or in accordance with Federal Mine Safety and Health Administration Standards" and setting new deadline of January 1, 2009, deleted former Subsec. (d) re "public building", added new Subsec. (d) re exemptions for public service company employees and delivery drivers who perform no labor other than delivery and made conforming and technical changes, effective January 1, 2009. P.A. 10-47 made a technical change in Subsec. (a); P.A. 11-63 amended Subsec. (a) by adding provision re supplemental refresher training course for plumbers and electricians subject to Sec.

20-334d, amended Subsec. (c) by adding provisions re regulations and subject matter of refresher training course and refresher training course student completion cards, and made technical changes, effective July 1, 2011.

AGREEMENT

STEAP GRANT FUNDED

PROJECT No. 2023-032-149

THIS AGREEMENT made the day of , in the year Two Thousand Twenty-Six; BY AND BETWEEN the TOWN OF COVENTRY, a municipal corporation in the County of Tolland and State of Connecticut, hereinafter called the "Owner" and TO BE DETERMINED , hereinafter called the “Contractor”.

W I T N E S S E T H:

That the Owner and the Contractor, for the consideration hereinafter named agree as follows:

ARTICLE 1. CONTRACT DOCUMENTS

This Contract shall consist of and shall include this Agreement, “PATRIOTS PARK

REVITALIZATION PROJECT - PLAYGROUND REPLACEMENT, STEAP GRANT

FUNDED, PROJECT No. 2023-032-149, COVENTRY, CT”, Information for Bidders, Bid Proposal, Drawings, Maps, Technical Specifications, Special Conditions, General Conditions, Addenda, Modifications (whether issued prior to or after opening of bids or execution of this Agreement).

All the foregoing underlined items are herein referred to as the "CONTRACT" for purpose of convenience. Wherever a particular document in said "CONTRACT" requires a signature, the execution of this Agreement shall constitute the execution or signature on said document.

The Contractor represents that it (he or she) is familiar with the "CONTRACT" and shall initial front page of the "CONTRACT" for which it (he or she) shall be responsible.

In addition to the "CONTRACT", Contractor agrees to all federal, state, and local laws, rules and regulations as they may be applicable.

ARTICLE 2. SCOPE OF WORK

The Contractor shall furnish all of the labor, material specified, tools, equipment and other facilities and things necessary or proper for and incidental to and perform all of the work for the construction of improvements as more fully described in the "CONTRACT." The Contractor has informed himself fully in regard to all conditions pertaining to the place where the work is to be done and other circumstances affecting the work.

ARTICLE 3. RESPONSIBILITY

The Contractor shall be responsible for the care and protection of all materials and equipment at the job site and shall be responsible for any loss from whatever cause. The Contractor shall be responsible for and agrees to hold harmless the Town of Coventry from any claims made as a result of unstable conditions created by the method used in excavation. For the scope of indemnification and for a more specific description of the

STEAP GRANT FUNDED

PROJECT No. 2023-032-149

COVENTRY, CT

responsibility of the Contractor and the Town, reference is made to Number 17 Indemnification found in the Special Conditions of the document "PATRIOTS PARK

REVITALIZATION PROJECT - PLAYGROUND REPLACEMENT, STEAP GRANT

FUNDED, PROJECT No. 2023-032-149, COVENTRY, CT,”

Appropriate insurance coverage as specified in Number 16 of said Special Conditions shall be provided at the time of execution to secure the Contractor's obligations herein specified.

ARTICLE 4. TIME OF COMMENCEMENT

The work shall be substantially commenced within ten (10) days of notice to proceed.

The Contractor is anticipated to commence work on or about June 1, 2026 and shall be completed within THIRTY (30) calendar days.

ARTICLE 5. CONTRACT SUM

The Owner shall pay the Contractor for the performance of the "CONTRACT", subject to the additions and deductions provided in the "CONTRACT" in current funds not to exceed the sum of TO BE DETERMINED ….. Dollars and …. Cents ($XXX,XXX.XX). All payments shall be made in accordance with the provisions of the "CONTRACT". The Contractor has obtained all the information he needs to enable him to estimate fully and fairly the costs of the work herein contemplated.

Monthly payments shall be made based on work completed to date on a form approved by the Town. All monthly payment shall be subject to a 5% retainage.

ARTICLE 6. MEDIATION

All claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract or breach thereof shall be submitted to non-binding mediation. On the written notice of either party to the other of the election to submit any dispute under this Contract to mediation, each party shall designate its representative and shall meet at the Coventry Town Hall within ten (10) days after the service of notice. The parties themselves shall then attempt to resolve the dispute within ten (10) days of meeting.

Should the parties themselves be unable to agree on a resolution of this dispute, then the parties shall appoint a third party, who shall be a competent and impartial party and who shall be acceptable to each party, to mediate the dispute. Each party shall pay the fees and expenses of the party mediator and such costs shall be borne equally by both parties. Upon agreement of the parties, either party may waive the first step in the mediation process and appoint a mutually acceptable mediator.

STEAP GRANT FUNDED

PROJECT No. 2023-032-149

COVENTRY, CT

Any third party mediator designated to serve in accordance with the provisions of the Contract shall be disinterested and shall be qualified to evaluate the performance of both parties.

This process shall be considered as a condition precedent to moving to court.

During the mediation process, the Contractor shall continue the work.

ARTICLE 7. COURT LITIGATION AND WAIVER OF JURY TRIAL

Notwithstanding the existence of any provision for arbitration of disputes in the Contract or any legislation providing for arbitration, any dispute arising under this Contract shall not be submitted to arbitration and the parties shall be left to their remedies at law. It is further expressly agreed that both parties waive and relinquish their right to a trial by jury of any dispute arising out of this Contract. The intent of the parties is not to have a jury decide any aspect of any dispute which may arise under this Contract.

ARTICLE 8. EQUITABLE RELIEF

Nothing herein shall prevent either party from obtaining a court order enforcing the mediation process or such other temporary or equitable relief until such time that the dispute is settled or finally adjudicated.

ARTICLE 9. SUCCESSORS

This Agreement shall be binding upon the heirs, successors, and assigns of the parties.

The Contractor has no right to assign its obligations under this Agreement without written approval of the Owner.

[BLANK ON PURPOSE]

STEAP GRANT FUNDED

PROJECT No. 2023-032-149

IN WITNESS WHEREOF, the parties hereto executed this Agreement, the day and year first above written.

Signed, Sealed and Delivered in TOWN OF COVENTRY the presence of:

By ______________________ James Drumm Its Town Manager Duly Authorized

TO BE DETERMINED

By _____________________

NAME

Its TITLE _______________________________ Duly Authorized

STEAP GRANT FUNDED

PROJECT No. 2023-032-149

COVENTRY, CT

STATE OF CONNECTICUT)

: ss. Coventry

COUNTY OF TOLLAND)

Personally appeared JAMES DRUMM, Town Manager of the TOWN OF COVENTRY, hereunto duly authorized Signer and Sealer of the foregoing instrument and acknowledged the same to be his free act and deed and the free act and deed of said TOWN OF COVENTRY, before me.

In Witness Whereof, I hereunto set my hand and seal.

Notary Public My Commission Expires:

STATE OF CONNECTICUT)

: ss. Coventry

COUNTY OF TOLLAND)

Personally appeared NAME OF REP, TITLE, CONTRACTOR NAME, and acknowledged the same to be his free act and deed as such TITLE, and the free act and deed of said corporation before me.

In Witness Whereof, I hereunto set my hand and seal.

Notary Public My Commission Expires:

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS

THAT WE, _________________________________________of the Town of

_________________________, County of ___________________________ and State of

Connecticut; as PRINCIPAL, and ______________________________________________

________________________________________________________, as SURETY, are held and firmly bound unto the TOWN OF COVENTRY, 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 __________day of ______________________, 2026, a copy of which is hereunto attached and made a part hereof for the construction of:

PATRIOTS PARK REVITALIZATION – PLAYGROUND REPLACEMENT, STEAP GRANT FUNDED, PROJECT No.

2023-032-149

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 the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and 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.

PERFORMANCE BOND

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.

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

__________________________________, 2026.

___________________________________ _________________________________L.S.

Witness Principal

___________________________________ By:_______________________________L.S.

Witness Surety

___________________________________ By:_________________________________L.S.

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.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS

THAT WE, _____________________________________________of the Town of

_____________________________________, County of _______________________________ and State of Connecticut; as PRINCIPAL, and _________________________________________

____________________________________, as SURETY, are held and firmly bound unto the

TOWN OF COVENTRY, 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 ______________, 2026, a copy of which is hereto attached and made a part hereof for the construction of:

PATRIOTS PARK REVITALIZATION – PLAYGROUND REPLACEMENT, STEAP GRANT FUNDED, PROJECT No.

2023-032-149

NOW THERE, if the Principal shall promptly make payment to persons, firms, subcontractors, and corporations furnishing materials for a 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.

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…