Incidental Roadwork 2026.pdf

TOWN OF CANTON

INVITATION FOR BID

Incidental and On-Call/Emergency Roadwork - Various Town of Canton Local

Roads

Canton, Connecticut

BIDS WILL BE RECEIVED in the Office of the Chief Administrative Officer, Canton Town

Hall, 2nd Floor, 4 Market Street Collinsville, CT until 2:00 pm local time on April 30, 2026, at which time all bids will be publicly opened in the second floor Conference Room of the Canton

Town Hall.

Legal Notice

Town of Canton, CT

Invitation to Bid

Incidental and On-Call/Emergency Roadwork - Various Town of Canton Local Roads

The Town of Canton, through its Chief Administrative Officer (“CAO”), is seeking bids for

Incidental and Emergency Roadwork - Various Town of Canton Local Roads.

The Town of Canton over the term of the contract would include work on various local Town of

Canton roads and/or properties which may include but not be limited to drainage work on and/or other incidental and emergency roadwork.

One (1) original sealed bid for the above-named Invitation must be received in the Office of the

Chief Administrative Officer, Canton Town Hall, 2nd Floor, 4 Market Street Collinsville, CT by

2:00 pm local time on April 30, 2026, at which time all bids will be publicly opened in the second floor Conference Room of the Canton Town Hall. The Town of Canton will reject bids received after that date and time.

The Bid package and any applicable addendum may be obtained on the Town's website, www.townofcantonct.org, under “Bids and RFP’s”.

Bidders that find discrepancies and/or errors in or between specifications, quantities, and other matters, must immediately notify the Project Administrator in writing not less than five (5) days before the scheduled bid opening.

No bid shall be withdrawn before sixty (60) calendar days after the date of the bid opening. The

Town of Canton, CT reserves the right to reject any and all bids and to waive any informality in the bids received.

Dated at Collinsville this 26 day of March 2026

Mark Penney Town of Canton, Chief Administrative Officer

The Town of Canton is an Equal Opportunity – Affirmative Action Employer.

http://www.townofcantonct.org/

TABLE OF CONTENTS

GENERAL INFORMATION

Title Page (Front Cover)

Invitation to Bid

Table of Contents

BIDDING REQUIREMENTS

Instruction to Bidders

Bid Proposal

Bid Prices

Incidental Roadwork List

Non-Collision Affidavit

Legal Status

Bidder Qualifications

WAGE AND PAYROLL REQUIREMENTS

Contractor/Bidder’s Responsibility Regarding Prevailing Wage Law

SMALL AND MINORITY OWNED BUSINESS REQUIREMENTS

Small and Minority Owned Business Set-Aside Laws in Connecticut

Contractor/Bidder's Responsibility Regarding Inclusion of Small and Minority Owned

Businesses in the Contract Work

CONTRACT FORMS

Agreement

Insurance

Performance Bond

Labor and Materials Bond

GENERAL CONDITIONS

Article 1: Definitions

Article 2: Progress and Submission Schedules, Preconstruction Conference; Time of

Starting the Work

Article 3: Correlation, Interpretation and Intent of Contract Documents

Article 4: Copies of Documents and Record Documents

Article 5: Separate Contracts

Article 6: Subcontractors

Article 7: Materials, Equipment and Labor; Or Equal Clause

Article 8: Patent Fees and Royalties

Article 9: Permits, Laws, and Regulations

Article 10: Availability of Lands; Physical and Subsurface Conditions

Article 11: Owner’s Control

Article 12: Authority and Duties of Inspectors

Article 13: Tests and Inspections

Article 14: Contractor’s Supervision and Superintendence

Article 15: Safety and Protection; Emergencies

Article 16: Access to the Work

Article 17: Change in the Work

Article 18: Change Orders

Article 19: Change of the Contract Time

Article 20: Warranty and Guarantee; Correction, Removal or Acceptance of Defective

Work

Article 21: Applications for Progress Payments

Article 22: Certificates of Completion and Final Payment

Article 23: Waivers of Claims and Continuing Obligations

Article 24: Indemnification

Article 25: Cleaning Up

Article 26: Owner’s Right to Stop or Suspend Work

Article 27: Owner’s Right to Terminate

Article 28: Contractor’s Right to Stop Work or Terminate

Article 29: Provisions Required by Law Deemed Inserted

Article 30: Contract Security

Article 31: Time for Completion and Liquidated Damages

Article 32: Sanitary Facilities

Article 33: Nondiscrimination Clause

Article 34: Wage Scale Provisions

Article 35: Work by Others

Article 36: Mediation of Disagreements

Article 37: Applicable Law

Article 38: Alteration and Amendments

Article 39: Notice

Article 40: Shop Drawings and Samples

Article 41: Maintenance Bond

Article 42: Progress Prints and As Built Drawings

Article 43: Electrical Energy

Article 44: Standard Specifications

Article 45: Call Before You Dig Requirements

Article 46: Protection Of The Work

Article 47: Dust Control and Cleanup

Article 48: Construction Materials

Article 49: Construction Staking, Line, and Grade

Article 50: Work Procedure

Article 51: Prompt Completion of Work

Article 52: Work Interruptions

Article 53: Temporary Suspension of Work

Article 54: Manholes and Utility Cuts

Article 55: Signs and Traffic Detours

Article 56: Maintenance and Protection of Vehicular and Pedestrian Traffic

Article 57: Noise

Article 58: Operation of Equipment in Roadways

Article 59: Clearance of Vital Structures

Article 60: Relocation and Protection of Utilities

Article 61: Protection of Adjoining Property

Article 62: Excavation

Article 63: Trenches

Article 64: Excavated Material

Article 65: Disposal of Excavated Material

Article 66: Use of Areas Behind Curb Line

Article 67: Insurance

Article 68: No Third-Party Beneficiaries

Article 69: Invalidity & Impairment

INSTRUCTIONS TO BIDDERS

INTRODUCTION

The Town of Canton (the “Town”) is soliciting bids for Incidental and On-Call/Emergency

Roadwork - Various Town of Canton Local Roads for a period of three (3) years, beginning July

1, 2026, through June 30, 2029,. This Invitation is not a contract offer.

The Town may use this contract to have various improvements performed on various local Town roads for general repairs and in preparation for pavement rehabilitation of said roads

[rehabilitation work (reclaiming, milling, paving, curbing, etc.) will generally be performed using State of Connecticut DAS vendor in place contractors and is not considered part of this contract; said rehabilitation work will be coordinated by the town]. The Town seeks bids for emergencies that could occur during normal working hours, weekends, holidays, or after normal working hours.

The scope of this project is described more particularly in the Invitation for Bid and the bid proposal that are a part of this bid package.

Interested parties should submit a bid response in accordance with the requirements and directions set forth in this bid package. Bidders may not contact any Town employee or official concerning this Invitation other than the Town’s Project Administrator as set forth in the attached documents. A bidder’s failure to comply with this requirement may result in disqualification.

The Town will return unopened any bid received after the date and time of bid opening.

If there are any conflicts between the provisions of these Instructions to Bidders and any other document(s) comprising this bid package, these Instructions to Bidders shall prevail.

KEY DATES

Invitation to Bid issued: March 26, 2026

Bid Opening: April 30, 2026

Contract Period: July 1, 2026, to June 30, 2029

SCHEDULING THE WORK

Work under this contract shall reach substantial completion within sixty (60) calendar days

[unless otherwise modified or authorized by the Director of Public Works or his or designee] from the day the Contractor starts work, which date shall not be more than ten (10) calendar days from the date of written Notice To Begin Work, unless such notice specifically instructs the

Contractor to begin work at a later date. Calendar days in this contract shall mean each consecutive day including Saturdays, Sundays, and Legal Holidays. The work that may be required under this invitation includes both routine work that would be done during typical work hours (Monday – Friday 7:00am to 5:00pm) and emergency work that would need to be done on nights, weekends, or holidays.

Work shall proceed in an orderly fashion to minimize inconvenience to the abutting property owners. All contract work, including punch list items, shall reach final completion within seventy (70) calendar days from the day the contractor starts work.

CONTINGENCIES

The Town reserves the right to cancel this bid process and any resulting Contract at any time if the Town deems such action to be in its best interests, including but not only if either of the following conditions exists:

• The Town, through changes in its requirements or methods of operation, no longer has a need for the subject matter of this Invitation; or

• The Town is not satisfied with the work under the Contract, or the successful bidder fails to comply with any of the Contract’s terms and conditions.

OBTAINING BID PACKAGE

The bid package – i.e., each of the documents listed on the page preceding these Instructions and collectively referred to as the “Invitation” – may be obtained on the Town's website, www.townofcantonct.org, under “Bids and RFP’s.”

BID SUBMISSION INSTRUCTIONS

Bids must be in the Town office identified above prior to the date and time the first bid is scheduled to be opened publicly. Postmarks prior to the bid opening date and time do NOT satisfy this condition. The Town will NOT accept corrections and/or modifications received after the first bid is opened publicly. Bids may not be withdrawn after bid opening, and bids must remain in effect for sixty (60) calendar days after bid opening, even if the bidder discovers errors in the bid after opening.

One (1) original bid must be submitted on the accompanying Bid Form and in sealed, opaque envelopes clearly labeled with the bidder’s name, the bidder’s address, the words “BID

DOCUMENTS,” and the Bid Title and Bid Opening Date, to prevent opening prior to the bid opening date. The bidder should also complete the following forms and submit as part of the bid submission:

• Disclosures

• Legal Status

• Bid Security

• Non-Collusion Affidavit

• Bidder Qualifications

The Town will reject, and not accept, bids submitted in unmarked envelopes that the Town opens in its normal course of business. The Town may, but shall not be required to, return such bid and inform the bidder that the bid may be resubmitted in a sealed envelope properly marked as described above. Failure to strictly comply with these requirements shall constitute grounds for rejection.

Bids must be submitted on the prescribed form and all blank spaces for bid prices must be completed and all prices shall be stated in figures. Bid prices shall include all labor, materials, equipment, tools, transportation, and incidentals thereto necessary to perform the work in accordance with the Contract Plans and Specifications and First Class Work of the type being bid. The person signing the bid must initial errors, alterations, or corrections on both the original bid and all required copies. Ditto marks or words such as “SAME” shall not be used in the Bid

Form. Failure to strictly comply with these requirements shall constitute grounds for rejection.

Bids may be withdrawn personally or in writing provided that the Town receives the withdrawal prior to the time and date fixed for the bid opening. Bids are considered valid for sixty (60) calendar days after bid opening, to permit the Town the time to review the bids and to investigate the bidders’ qualifications prior to awarding the bid. Bidders may not withdraw, cancel, or modify their bid for a period of sixty (60) calendar days after the bid opening or the Bidder shall forfeit its Bid Security.

An authorized person representing the legal entity of the bidder must sign the bid.

UNIT PRICES AND LUMP SUM PRICES

The unit prices for each of the several items in the bid shall include the prorated share of overhead and profit so that multiplying the quantity shown for each item by the unit price bid represents the total bid for that item. The Town may reject any bid not conforming to this requirement. Bidders should note this provision because, if conditions make it necessary for the Town to revise the quantities, no limit shall be fixed for such increased or decreased quantities, nor extra compensation allowed.

Lump sum prices for each of the several items in the bid shall include its prorated share of overhead, profit, and all costs associated with that item. The lump sum price represents the entire compensation that the Town shall pay for all of the work associated with the item. The

Town retains the right, as best serves the Town, to select all or part of the bid items as part of the award of this bid.

QUESTIONS

Questions concerning the bid process and procedures are to be in writing and directed only to:

Name: Glenn Cusano – Project Administrator

E-mail: gcusano@townofcantonct.org

Bidders may not contact any other Town employee or official concerning this Invitation. A bidder’s failure to comply with this requirement may result in disqualification.

If a bidder finds any omission, discrepancy, or error in, has questions concerning, or seeks an exception to anything in the documents constituting this Invitation; it should notify the Town as soon as possible but not less than five (5) business days before the date of the bid opening.

The bidder must direct that inquiry to:

Glenn Cusano, email address: gcusano@townofcantonct.org

No oral statement of the Town shall be effective or binding to modify any of the provisions of this Invitation.

However, the Town will not make any oral interpretations to any bidder as to the meaning of any bid documents or portions thereof, and no bidder shall rely on any alleged oral interpretation. A bidder shall request an interpretation in writing to:

Glenn Cusano, email address: gcusano@townofcantonct.org

ADDENDUM/ADDENDA

At least three (3) calendar days prior to the bid opening, the Town will post a copy of any and all addendum or addenda on the Town’s website, www.townofcantonct.org, under “Bids and

RFP’s.” Said addendum or addenda; which shall be a part of this Invitation/Bid and the resulting

Contract; containing all questions received as provided for above and decisions regarding same.

Each bidder is responsible for checking the website to determine if the Town has issued an addendum or addenda and, if so, to complete its bid in accordance with the Invitation as modified by the addendum/addenda.

COSTS FOR PREPARING BID

This Invitation does not commit the Town to pay any costs incurred by bidders in preparing their responsive bids. Each bidder agrees that all costs it incurs in developing its bid are its sole responsibility.

mailto:rmartin@townofcantonct.org mailto:rmartin@townofcantonct.org mailto:rmartin@townofcantonct.org

OWNERSHIP OF BIDS

All bids submitted become property of the Town.

FREEDOM OF INFORMATION ACT

All information submitted in a bid or in response to a request for additional information is subject to disclosure under the Connecticut Freedom of Information Act as amended. A bidder’s responses may contain financial or other data that it claims constitute proprietary or confidential information or a trade secret. To protect such data from disclosure, a bidder should identify specifically the pages that contain claimed confidential information by visibly marking all such pages of the bid.

REQUIRED DISCLOSURES AND BIDDER’S QUALIFICATIONS

In its bid each bidder must:

State its inability to meet any specified requirement of the Invitation;

Make a complete disclosure of all resolved and pending mediation, arbitration and litigation matters in which the bidder or its principals (regardless of their place of employment) have been involved for the most recent five (5) years;

Make a complete disclosure of each and every fine levied against bidder and each and every citation the bidder has received in the most recent five (5) years for violation of any health and safety law, regulation, code or ordinance;

Make a complete disclosure of its instance of its or its principals’ (regardless of their place of employment) conviction, guilty plea, nolo contendere plea, finding of civil liability or criminal responsibility in any civil action or for any criminal offense, except motor vehicle infractions; and

Make a complete disclosure of each instance of its or its principals’ (regardless of their place of employment) finding of a violation of any state or local ethics standards or other offense arising out of the submission of bids or proposals, or performance of work on public works projects or contracts.

A bidder’s acceptability based on these disclosures and any investigation the Town deems necessary to determine a bidder’s ability to perform the work described in this Invitation shall lie solely with the Town.

CONFLICT OF INTEREST

By submitting a bid, a bidder certifies that it has no conflict of interest as defined in the Town’s

Ordinance # 230 concerning ethics. The Town shall review all bids under this provision and may reject any bid where, in the Town’s opinion, the bidder could be in a conflict of interest or could be perceived to be in a possible conflict of interest position if the bidder were to become a party to the Contract.

DEBARRED CONTRACTORS

The Town will reject any bid from a bidder that is on a debarred contractor list of the United

States and/or the State of Connecticut.

LEGAL STATUS

Each bidder must complete the Bidder’s Legal Status Disclosure form and must, if required, have a current license or registration to do business in the State of Connecticut that is on file with the

Connecticut Secretary of the State’s Office. The Town may, in its sole discretion, request acceptable evidence of any bidder’s legal status.

BID SECURITY

Not Applicable

PRESUMPTION OF BIDDER’S FULL KNOWLEDGE

At the time the first bid is opened, the Town will presume that each bidder has read and understood each document comprising this Invitation and any addenda posted on the Town’s website. A bidder’s failure and/or omission to receive or examine any information concerning this Invitation shall in no way relieve it from any aspect of its bid or the obligations related to it.

At the time the first bid is opened, the Town will also presume that each bidder is familiar with and will comply with all federal, state, and local laws, ordinances and regulations that in any manner relate to this Invitation and the performance of the work described in it.

By submitting a bid, each bidder represents that it has thoroughly examined and become familiar with the scope of work outlined in this Invitation and it is capable of performing the work to achieve the Town’s objectives.

TAX EXEMPTIONS

The Town is exempt from the payment of federal excise taxes and Connecticut sales and use taxes. Exemption from State sales tax per Conn. Gen. Stat. Chapter 219, § 12-412(1). No exemption certificates are required, and none will be issued. The successful bidder will be provided the Town of Canton’s Federal Tax Exempt #. Bidders shall avail themselves of these exemptions.

INSURANCE

The successful bidder shall, at its own expense and cost; obtain and keep in force during the entire duration of the work and during the completed operations period that is the subject of this

Invitation; the insurance coverage set forth in Article 67 of the General Conditions of these

Contract Documents.

AWARD CRITERIA; SELECTION; CONTRACT EXECUTION

The Town reserves the right to accept the bid that, all things considered, is in the best interests of the Town. Although price will be an important factor, it will not be the only basis for award. Due consideration will also be given to a bidder’s experience, references, service, ability to respond promptly to requests, past performance satisfactory to the Town, and other criteria relevant to the interests of the Town, including the bid documents’ compliance with the procedural requirements stated in this Invitation.

LOCAL BIDDER PREFERENCE POLICY

On any item, project, or service which value exceeds $7,500 or which is advertised through a competitive bid process and in which there is a qualified Town Based Resident Bidder, the lowest responsible bidder shall be determined in the following order:

1. A Town Based Resident Bidder which has submitted a bid not more than 10% higher than the lowest responsible bid may be awarded the bid provided such Town Based Resident

Bidder agrees to accept the award of the bid at the amount of the lowest responsible bidder.

2. If more than one Town Based Resident Bidder has submitted a bid not more than 10% higher than the lowest responsible bid, the lowest responsible bidder shall be the Town Based

Resident Bidder which submitted the lowest bid.

3. Otherwise, the award will go to the lowest responsible bidder who would qualify if there were no Town Based Resident Bidder.

Any local vendor meeting the requirements of a Town Based Resident Bidder, as defined below, responding to the solicitation shall be required to submit a signed Local Bidder Affidavit Form with the bid submittal. Failure to submit an affidavit form, may at the option of the Town, result in disqualification as a local vendor and ineligibility for contract award as a Town Based

Resident Bidder.

The term “Town Based Resident Bidder” shall mean any business with a principal place of business located within the Town of Canton. A business shall not be considered to be a Town

Based Resident Bidder unless evidence to establish that such business has a bona fide principal place of business in Canton is included with each bid submitted by the business. Such evidence may include documentation of ownership, or a long-term lease on the real estate from which the principal place of business is operated or payment of property taxes on the personal property of the business to be used in the performance of the bid.

The Local Bidder Preference process shall not apply under the following circumstances:

1) Professional services contracts which are awarded on subjective criteria in addition to cost.

2) Contracts using state, federal or other funds that have regulations disallowing such practice.

3) If the qualified Town Based Resident Bidder is not current in the payment of all local taxes.

4) Bids made through regional organizations or state agencies such as state contracts, CRCOG or CIRMA, when the product or services offered have already been selected through a competitive process.

5) Bids received through a reverse auction process.

The Town will not award the bid to any bidder who is in arrears or in default to the Town on any debt, contract, security, or any other obligation.

The Town reserves the rights, in its sole discretion: to accept any, all, or any part of bids; to reject any, all, or any part of bids; to waive any non-material deficiencies or clerical errors in the bidding process or bid; and to award the bid that in its judgment will be in the Town’s best interests. The Town also reserves the right to award the purchase of individual items under this

Invitation to any combination of separate bids or bidders.

All bids will be publicly opened and read aloud as received on the date, at the time, and at the place identified in this Invitation. Bidders may be present at the opening.

The Town may correct, after bidder verification, any mistake in a bid that is obviously a clerical error, such as a price extension or decimal point error. If an error exists in an extension of prices, the unit price shall prevail. In the event of a discrepancy between the price quoted in words and in figures, the words shall control.

The Town will select the bid that it deems to be in the Town’s best interest and issue a Notice of

Conditional Award of Bid to the successful bidder. The conditional award shall be subject to further discussions with the bidder that are deemed necessary by the Town and to the successful bidder’s provision of the documents required by this Invitation and the execution of a Contract in the form contained in this Invitation. The successful bidder’s failure to provide each required form or execute the Contract within ten (10) business days of the date of the Notice of

Conditional Award of Bid shall be grounds for the Town to declare the bid withdrawn, to call the bid security, and/or to enter into discussions with another bidder.

The Town will post the bid results and award recommendation on the Town’s website, www.townofcantonct.org, under “Bids and RFP’s.”

The Bid Awarded and Contract Execution dates listed in the instructions to bidders’ section are anticipated, not certain, dates.

COLLUSION

Each bidder shall complete the Non-Collusion Affidavit that is a part of this Invitation.

Any act(s) of misrepresentation or collusion in connection with a bid may be a basis to disqualify a bid submitted by the bidder responsible for said misrepresentation or collusion. In the event that such conduct is discovered after the execution of the Contract, the Town may terminate the

Contract without incurring any liability, penalty, damages, or other loss.

ADVERTISING

The successful bidder may not name the Town in its advertising, news releases, and promotional efforts without the Town’s prior written approval.

If it chooses, the successful bidder may list the Town in a statement of references or similar document required as part of a public bid. The Town’s permission to the successful bidder to do so is not a statement about the quality of the successful bidder’s work or the Town’s endorsement of the successful bidder or its work.

W-9 FORM

The successful bidder must provide the Town with a completed W-9 form before commencing work.

PAYMENTS

Payments will be made within thirty (30) calendar days after the appropriate Town officer receives and approves the invoice, unless otherwise specified in the Technical Specifications.

TOWN INSPECTION OF WORK

The Town may inspect the successful bidder’s work at all reasonable times. This right of inspection is solely for the Town’s benefit and does not transfer to the Town the responsibility for discovering patent, latent, or other defects. The successful bidder has the sole and exclusive responsibility for performing in accordance with the Contract.

REJECTED WORK OR MATERIALS

The successful bidder, at its sole cost and expense, shall remove from the Town’s premises rejected items, commodities and/or work within 48 hours of the Town’s notice of rejection.

Immediate removal may be required when safety or health issues are present. If the contractor fails to remove rejected work in a timely manner, the Town may arrange to have such rejected work removed and deduct associated costs from payments due to the contractor.

MAINTENANCE AND AVAILABILITY OF RECORDS

The successful bidder shall maintain all records related to the work described in the Invitation for a period of three (3) years after final payment under the Contract or until all pending Town, state and federal audits are completed, whichever is later. Such records shall be available for examination and audit by Town, state, and federal representatives during that time.

REPRESENTATION OF TOWN

In performing the work described in the Invitation, the successful bidder, its agents, and employees shall act in an independent capacity and shall not act as officers, employees or agents of the Town.

SUBCONTRACTING

The successful bidder agrees not to enter into any subcontracting agreement for any or all of the work described in the Invitation without obtaining the Town’s prior written consent. All subcontracting shall be subject to the same terms and conditions as are applicable to the successful bidder. The successful bidder shall be fully and solely responsible for the performance of and payments to any subcontractors. The contractor shall not award more than 49% of the contract value to anyone subcontractor.

COMPLIANCE WITH LAW

The successful bidder shall comply with all applicable laws, regulations, ordinances, codes and orders of the United States, the State of Connecticut and the Town related to its bid and the performance of the work described in the Invitation and these specifications. This specifically includes, but is not limited to, laws, regulations, ordinances, codes and orders relating to safety.

The successful bidder shall commit no trespass on private property in performing any of the work described in the Invitation. By submitting a bid, the successful bidder covenants that it has complied, and during the term of the Contract will comply, with the obligations under the

Immigration Reform and Control Act (“IRCA”) and that all employees it assigns to the Contract are authorized for employment in the United States of America. The successful bidder further covenants that it has properly completed, and during the term of the Contract will properly complete, I-9s for all employees assigned to the Contract. The successful bidder agrees to defend, indemnify and hold the Town harmless in the event that any of the successful bidder’s employees provided under the Contract is found not to be authorized to work under the law or in the event that there is a determination that the successful bidder has failed to comply with

IRCA’s obligations, including but not limited to the failure to prepare correctly and maintain I-

9s. The successful bidder further agrees to defend, indemnify, and hold harmless the Town from and against any and all claims brought against the Town as a result of these obligations, including but not limited to settlement fees, judgments, attorneys’ fees and costs. These defense, hold harmless and indemnity obligations shall survive the Contract’s termination or expiration.

LICENSES AND PERMITS

The successful bidder shall, for the term of the Contract, have and provide proof of all permits and licenses required by the Town and/or any other state or federal authority. The successful bidder shall immediately and in writing notify the Town of the loss or suspension of any such license or permit.

SECURITY: PERFORMANCE, AND PAYMENT

At the time of Contract execution, the successful bidder shall file with the Town security in an amount not less than one hundred percent (100%) of the total bid for, which security shall be for both the satisfactory performance of the work including all labor and materials. Such security shall be in the form of either surety bond(s) or the successful bidder’s certified check. The surety bond(s) shall be prepared in the form of the Performance Bond, and the Labor and Material

Payment Bond, made a part of this Invitation, duly executed by the bidder and the surety and shall be subject to the review and approval of the Town's legal counsel. The bidder's surety shall be licensed by the State of Connecticut and listed by the US Department of the Treasury in

Circular No. 570. The Town may accept a certified check in lieu of a surety bond, subject to review and approval of the Town's legal counsel. The bidder’s bank shall be licensed and insured by the State of Connecticut and the Federal Deposit Insurance Corporation. The failure of the

Town’s legal counsel to approve the form of such security shall be grounds for the Town to reject the bid.

The successful bidder shall provide the Town with such security prior to the start of each

Contract year in an amount the Town estimates for the work anticipated for that Contract year.

Failure to provide such security shall be grounds to terminate the Contract.

NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

During the term of the Contract, the successful bidder agrees to be an equal employment opportunity employer and will not discriminate as to race, color, creed, sex, national origin, marital status, physical or mental disability or any other protected classification under state and federal law.

END OF INSTRUCTIONS TO BIDDERS

WAGE AND PAYROLL REQUIRMENTS

REQUIREMENTS

Prevailing Wage Laws in Connecticut

Conn. Gen. Stat. Section 31-53(g) provides monetary thresholds which must be met before the law is applicable. The prevailing wage law does not apply where the total cost of all work to be performed by all contractors and subcontractors in connection with new construction of a public works project is less than one million ($1,000,000) dollars. The prevailing wages law does not apply where the total cost of all work to be performed by all contractors and subcontractors in connection with remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project under one hundred thousand ($100,000) dollars.

Contractor/Bidder’s Responsibility Regarding Prevailing Wage Law:

If the Contractor’s/Bidder’s total contract bid price for all work included under this contract, as listed in the submitted Bid Proposal, is equal to or greater than the limits listed above as applicable under said law; then the Contractor’s/Bidder’s unit prices and lump sum prices submitted herein and the resulting total contract bid price submitted herein should be based on the applicable Prevailing State Wage Rates; and it will further be the Contractor’s/Bidder’s responsibility to obtain the current applicable Prevailing Wage Rates from the State of

Connecticut – Department of Labor and meet all requirements therein of the Law and the State of

Connecticut.

SMALL AND MINORITY OWNED BUSINESS REQUIREMENTS

SMALL AND MINORITY OWNED BUSINESS SET-ASIDE LAWS IN CONNECTICUT

The contractor who is selected to perform this project must comply with Connecticut General

Statutes, 4a-60, 4a-60a, 4a-60g, and 46a-68b through 46a-68f, inclusive, as amend by June

2015 Special Session Public Act 15-5. An affirmative Action Plan must be filed with and approved by the Commission on Human Rights and Opportunities prior to commencement of construction.

State law requires a minimum 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 Connecticut General

Statutes 4a-60g as amended. (25% of the work with DAS certified Small and Minority owned businesses and 40% of that work with DAS certified Minority, Women and/or disabled owned businesses.) The contractor must demonstrate good faith effort to meet the 25% set -aside goals.

For municipal public works contracts and quasi-public agency projects, the contractor must file a written or electronic non-discrimination certification with the Commission on Human Rights and

Opportunities. Forms can be found at:

https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports

Contractor/bidder's responsibility regarding inclusion of small and minority owned businesses in the work under this contract.

If the Contractor's/Bidder's total contract bid price for all work included under this contract, as listed in the submitted Bid Proposal, is greater than fifty thousand ($50,000) dollars, then the

Contractor's/Bidder's unit prices and lump sum prices submitted herein and the resulting total contract bid price submitted herein should be based on the inclusion of contracts in the amount of 25% of the work with DAS certified Small and Minority owned businesses, and further, 40% of that work [10% of total contract amount] shall be contracted with DAS certified Minority, Women and/or Disabled owned businesses; all meeting the requirements therein of the Law(s) and the State of Connecticut.

https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports https://portal.ct.gov/chro/contract-compliance/contract-compliance/contract-compliance-forms-and-reports

CONTRACT FORMS

AGREEMENT

This Agreement (the “Agreement”) is entered into the _________ day of __________

2026 by and between the Town of Canton, a political subdivision of the State of Connecticut (the

“Owner”) and _____________________________

________________________________________________ (the “Contractor”).

WHEREAS, the Owner has issued an Invitation for Bids for Incidental Roadwork -

Various Town of Canton Local Roads, Canton, Connecticut (the “Premises”); and

WHEREAS, Contractor submitted a proposal to the Owner on April 30, 2026, for the

Work; and

WHEREAS, the Owner and the Contractor desire to enter into a formal Agreement for the performance of the Work;

THEREFORE, in consideration of the recitals set forth above and the mutual promises by the parties below, the parties agree as follows:

1. General. The Contractor agrees to perform the Work in accordance with the Contract

Documents (as set forth below) as an independent contractor with sole and exclusive control over the means and methods of its performance. The Contract Documents represent the entire and integrated agreement between the Owner and the Contractor and supersede all prior negotiations, representations or agreements, whether written or oral.

2. Duties. Contractor shall perform the Work described in the Contract Documents except for any work that is specifically prescribed in the Contract Documents to be the responsibility of another person. Contractor shall furnish all labor, equipment, trucks, materials, tools, facilities, supplies, transport, and any other things necessary to carry out the Work in a first-class manner for work of this type.

3. Permits and Standards. Contractor shall, at its own expense, obtain all required permits and agreements from the Town of Canton, federal, state, or other governmental authority for performance of the Work in accordance with the standards prescribed by the federal

Environmental Protection Agency, the Occupational Safety and Health Administration, NIOSH, the Department of Energy and Environmental Protection of the State of Connecticut and any other federal, state or local government laws and regulations. In the event of a conflict or overlap of any such laws or regulations, the most stringent provisions shall be applicable.

4. Compliance with Laws. Contractor shall comply with all federal, state, and local laws, ordinances, regulations and applicable permits governing the Work, including, but not limited to, those pertaining to safety, whether or not such laws and regulations are fully included as part of this Agreement.

5. Schedule. The Work under this Contract will be given to the Contractor using Work

Orders. The Work shall be completed within the number of calendar days required to complete each assigned Work Order as agreed to prior to the issuance of the Work Order. The Contractor shall commence with the Work of any assigned Work Order within ten days after receipt of signed

[by the Town] Work Order. The rate of progress shall be such that the work shall be performed and completed in accordance with the contract before the expiration of the time limit stipulated, which time is of the essence of the Agreement. Failure by the Contractor to complete the Work of any Work Order as agreed to by both parties, may be grounds for terminating this Contract.

Emergency requests for service shall begin to be performed within three (3) hours of the request being communicated to the selected respondent.

6. Payment. The Owner will pay the Contractor in accordance with the Contract Documents and agreed upon unit prices for Work in place. Payment will be made by the Owner monthly within

30 days after the approval of the Contractor’s Application for Payment as provided in the Contract

Documents less retainage of five percent (5%).

7. Insurance & Bonds. The Contractor shall carry and keep in force during the term of this

Agreement completed operations period all insurance as more specifically described set forth in

Article 67 of the general conditions, subject to all the term and conditions set forth therein.

Contractor shall also provide performance and payment bonds in the form set forth in the

Contract Documents for each and every Work Order issued by the owner from one or more sureties authorized to do business in the State of Connecticut-and listed in the Treasury

Departments Circular 570, as amended.

8. Waiver of Subrogation. To maximum extent permitted by law, Contractor waives all rights of subrogation against the Owner and the other additional insureds for damages caused by fire or other causes of loss to the extent covered by insurance provided by Contractor, except such rights as it may have to proceeds of insurance held by the Owner as fiduciary. These waivers of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person had an insurable interest in any property damaged.

9. No Assignment. The Contractor shall not subcontract, transfer, or assign its obligations under the Contract Documents or any portion thereof without the prior written consent of the

Owner. Any assignment or attempted assignment without the Owner’s written consent shall not relieve the Contractor of its obligations under this Agreement and such assignment shall be null and void and have no legal effect.

10. Safety. The owner hereby delegates and the Contractor hereby accepts sole exclusive responsibility for the performance of the work and worksite safety.

11. Contractor Personnel Must Be Authorized to Work. The Contractor warrants that it has complied with the obligations under the Immigration Reform and Control Act (IRCA) and that the employees, independent contractors and other personnel it provides under this Agreement are authorized for employment in the United States. The Contractor further confirms that it has properly completed I-9s for all employees assigned to the Owner’s place of business. The

Contractor agrees to hold harmless and indemnify the Owner in the event that any of the employees or other personnel provided by the Contractor are found not to be authorized to work under the law or in the event that there is a determination that the obligations set forth under

IRCA, including, but not limited to, the failure to correctly prepare and maintain I-9s, have not been complied with by the Contractor. The Contractor agrees to indemnify, defend, and hold the

Owner harmless against any claims brought against the Contractor or the Owner as a result of these obligations, including but not limited to, settlement fees, judgments and attorneys’ fees and costs.

12. Compliance with Laws. The Contractor shall perform the Work in compliance with any and all applicable local, state and federal laws, codes, ordinances, and/or regulations, including, but not limited to, those pertaining to safety. The Contractor agrees to indemnify, defend, and save harmless the Owner and its officers, agents, volunteers, and employees, from and against all loss or expense, (including costs and attorneys' fees), arising out of or resulting from the

Contractor’s failure to perform the Work in accordance with all applicable laws and regulations.

The defense and indemnity obligations provided herein shall survive the termination and/or cancellation and/or full performance of this Agreement.

13. Execution. This Agreement may be executed in two or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement, and shall become binding when one or more counterparts have been signed by each of the parties hereto and delivered (including delivery by facsimile) to each of the parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above.

THE TOWN OF CANTON

Witness:

By ______________________

______________________________ Mark Penney

Chief Administrative Officer

______________________________ Date: _________2026

Witness:

By _______________________________

Contractor

_______________________________ Date: _____________,_2026

PERFORMANCE BOND

Bond Number ___________________

KNOW ALL MEN BY THESE PRESENTS:

That ______________________________, as Principal, hereafter called Principal, and

________________________________, as Surety, hereinafter called Surety are held and firmly bound unto the Town of Canton as Obligee, hereinafter called Owner, in the amount of

_____________________________________________________ and ____________ Dollars

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

WHEREAS, Principal has by written Agreement dated _____________________ entered into a

Contract with the Owner for:

“Incidental and Emergency Roadwork - Various Town of Canton Local Roads” which Contract is by reference made a part hereof and is hereinafter referred to as the Contract.

The Surety hereby waives notice of any alterations or extensions of time made by the Owner.

WHEREAS, Principal shall be, and declared by the Owner to be in default under the Contract the

Owner having performed the Owner’s obligations thereunder, the Surety shall promptly remedy the default, or shall promptly:

1. Complete the Contract in accordance with its terms and conditions; or,

2. Obtain a Bid or Bids for submission to the Owner for completing the Contract in accordance with its terms and conditions, and upon determination by the Owner of the lowest qualified responsible Bidder, arrange for a Contract between the Bidder and the Owner, and make available as Work progresses sufficient funds to pay the cost of completion of the Contract.

This Bond is issued simultaneously with another Bond in favor of the Town of Canton conditioned for full payment of Labor and Materials.

No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the executors, administrators, or successors of the Owner.

Signed and sealed this _______________________ day of ______________, 20______.

(Seal of Principal)

(Principal)

In the Presence of:

____________________________ By:_______________________________

(witness)

(Seal of Surety)

(Surety)

____________________________ By:_______________________________

(Power of Attorney for person signing for Surety Company must be attached to the Bond)

LABOR AND MATERIAL

PAYMENT BOND

Bond Number ___________________

KNOW ALL MEN BY THESE PRESENTS:

That ______________________________, as Principal, hereafter called Principal, and

________________________________, as Surety, hereinafter called Surety are held and firmly bound unto the Town of Canton as Obligee, hereinafter called Owner, in the amount of

_________________________________________________ and Dollars

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

WHEREAS, Principal has by written Agreement dated _____________________ entered into a

Contract with the Owner for:

“Incidental and Emergency Roadwork - Various Town of Canton Local Roads” which Contract is by reference made a part hereof and is hereinafter referred to as the Contract.

This Bond is issued simultaneously with another Bond in favor of the Town of Canton conditioned for the full and faithful performance of the Contract.

The Surety hereby waives notice of any alterations or extensions of time made by the Owner.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said

Principal shall pay for all labor and materials furnished by himself or his subcontractors for use in the prosecution of the Work, and used therein, then, this obligation to be void; otherwise, to remain in full force and effect;

PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of Sections 49-

41, 49-42, and 49-43 of the Connecticut General Statues, and the rights and liabilities hereunder shall be determined and limited by said Sections to the same extent as if they were copied at length herein.

No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the executors, administrators, or successors of the Owner.

Signed and sealed this _______________________ day of ______________, 20______.

(Seal of Principal) _______________________________

(Principal)

In the Presence of:

____________________________By:_______________________________

(Seal of Surety) _______________________________

(Surety)

____________________________By:_______________________________

(Power of Attorney for person signing for Surety Company must be attached to the Bond)

END OF CONTRACT FORMS

GENERAL CONDITIONS

Article 1: Definitions

Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings which shall be applicable to both the singular and plural thereof:

(a) Agreement or Contract: The written agreement between the Owner and the Contractor covering the Work to be performed. The Contract Documents form the Contract for Construction.

The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral.

(b) Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

(c) Bidder: Any person, firm or corporation submitting a Bid for the Work.

(d) Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the Contractor and his surety in accordance with the Contract Documents.

(e) Change Order: A written order to the Contractor signed by the Owner authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract

Time issued after execution of the Agreement.

(f) Contract Documents: The Instructions to Bidders, General Conditions, the Agreement, Specifications, Drawings (if provided), Addenda (whether issued prior to opening of Bids or execution of the Agreement), Modifications once executed or issued after the execution of the

Contract, and such other information as may be included with the Contract Documents.

(g) Contract Price: The total monies payable to the Contractor under the…