Project Manual & Project Scope

Town of Preston Community Park Improvements

13 Route 117, Preston, CT 06365

Prepared for

Town of Preston Parks, Recreation, & Youth Services

389 Route 2, September 2026

Table of Contents

I. Advertisement for Bids

II. Instructions to Bidders

III. Proposal Forms

a. Bid Forms

b. Form of Bid Bond

c. Statement of Bidders Qualifications

IV. Agreement and Bond Forms

a. Form of Agreement

b. Form of Performance Bond

c. Form of Payment Bond

V. Project Scope and Plans

I. Advertisement for Bids

INVITATION TO BID

Town of Preston

Community Park Improvements

Sealed bids for the Community Park Improvements project will be received at the Office of the First Selectwoman, Preston Town Hall, 389 Route 2, Preston, CT 06365 until 10:00 AM on Wednesday, October 21st__, prevailing time, at which time they will be publicly opened and read aloud. All bids must be submitted in a sealed envelope bearing the bidder's name and bid name. The

Project is a design build project. A mandatory site walk will take place on

October 7th at 9:00am at Preston Community Park, 13 Route 117, Preston CT

06365. Bidders who do not attend and sign in at the mandatory site walk will be deemed ineligible to submit a bid.

Any questions about this project should be directed to: Mr. Mark Simmons, Director of Parks, Recreation, & Youth Services Bureau, by email at msimmons@prestonct.gov, or by mail to Town of Preston, 389 Route 2, Preston, CT 06365, attention Mark Simmons. To receive consideration, such questions must be received at least five (5) business days before the established date for receipt of bids. No oral interpretations shall be made to any respondent as to the meaning of any of the bid documents. Every request for an interpretation shall be made in writing.

The Town will respond to all appropriate questions received via an addendum available to all prospective bidders. Such an addenda will become part of this

Invitation to Bid and the resulting contract. At least three (3) days prior to the receipt of bids, the Town will post a copy of any addenda to its website, located at: https://www.preston-ct.org/140/Bid-Opportunities. It shall be the responsibility of each bidder to determine whether addenda have been issued, and if so, to download copies directly from the Town’s website.

Bid documents are available digitally only and can be found on the Town of

Preston website: https://www.preston-ct.org/140/Bid-Opportunities

The Owner will not be responsible for full or partial sets of Bid Documents obtained from any other source.

Bid surety in the form of a certified check or bid bond in the amount of five percent 5% of this bid is required.

The Town reserves the right to reject any or all bids, in whole or in part, to award any item, group of items, or total bid, and to waive any informality in the bids received if it deems it to be in the best interest of the Town to do so.

No Bidder may withdraw their bid within 60 days after the actual date of bid https://www.preston-ct.org/140/Bid-Opportunities opening thereof.

The Town is an affirmative action, equal opportunity employer.

Minority/Women’s Business Enterprises are encouraged to apply.

This contract is subject to state spending allocation goals and contract compliance requirements pursuant to the Connecticut Commission on Human

Rights and Opportunities.

This contract is subject to prevailing wages and yearly adjustments pursuant to

Conn. Gen. Stat. § 31-53, et seq.

A 100% labor and materials payment bond and a 100% performance bond is required.

II. Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1. Receipt of Bids:

Sealed bids are requested to be delivered to the Selectwoman’s Office, Preston Town Hall, 389

Route 2, Preston, CT 06365 on or prior to the date and time outlined in the advertisement to bid.

The envelopes containing the bids must be sealed and designated as “TOWN OF PRESTON

COMMUNITY PARK IMPROVEMENTS”

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities in or reject any and all bids. Conditional or qualified bids will not be accepted. Any bid received after the time and date specified shall not be considered. .

2. Mandatory Pre-Bid Site Walk:

A mandatory site walk will be held on October 7th at 9:00 a.m. at Preston Community

Park, 13 Route 117, Preston, Connecticut 06365. Bidders who do not attend and sign in at the mandatory site walk will be deemed ineligible to submit a bid.

3. Definitions:

The following terms as used in this contract are defined as follows:

A. Owner - The Owner of the project is the Town of Preston, Connecticut, acting through the First Selectwoman.

B. Contractor - The term "Contractor" as hereinafter used shall refer to the General

Contractor for this Project.

C. Town - Wherever the term "Town" is used in this document, it shall mean the

Town of Preston, Connecticut. The Town and Owner shall have the same meaning.

D. Contract - Wherever the term "contract" is used in this document, it shall mean the actual bid form, information to bidders, specifications, contract drawings and formal agreement issued to the Contractor.

E. Project Site - The project site is located within the Town of Preston as indicated on the Project plans.

F. Project – means the Community Park Improvements

G. Work – means all design (engineering and/or architecture), labor, materials, equipment, tools, incidentals and other services necessary to design and construct the Project.

4. Right of Rejection

The Town reserves the right to reject any or all bids, or any part of any bid or waive any informality in bids received, where such action is deemed in the best interest of the Town. The

Town reserves the right to cancel this solicitation at any time prior to the award of a Contract.

5. Design and Engineering Approval

All designs and installs must be in compliance with the 2022 CT State building code including accessibility. The final bandstand and court design, including grading, drainage, pavement section, and playing surface, shall be submitted for review and approval by the Parks and

Recreation Director and Town Engineer prior to construction. The Town Building Official shall act as the authorized representative of the Town to monitor construction progress, conduct inspections, and ensure that all work fully complies with applicable building codes, local regulations, and the approved terms of this agreement.

6. Waived Permitting Fees

The Town is exempt from all local permitting fees. However, State permit fees still apply and are assessed at a rate of $0.26 per $1,000 of estimated construction value.

7. Experience:

The Town will not award this contract unless the Contractor furnishes satisfactory evidence of his/her ability and experience to perform this Work, and that he/she has sufficient capital and equipment to enable him/her to execute the Work successfully and to complete it within specified time. As part of the bid, the Contractor must submit a list of five similar and successfully completed projects whose relevance to the proposed Project shall be deemed by the Town. The name, address, and telephone number of a contact person involved with each of these projects must be included.

8. Method of Award-Lowest Responsible Qualified Bidder

If the Town awards a Contract, the Town shall award the Contract to the lowest responsible and qualified bidder. As used in this section, “lowest responsible and qualified bidder” means the bidder whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary to faithfully perform the work based on objective criteria considering past performance and information. Bidders will be reviewed and assessed to ensure that they possess the skill, ability and integrity necessary to faithfully perform the work and the bidder that is ‘lowest, responsible and qualified’ will be selected to do the work. The Contract will be awarded, if at all, to the lowest responsible and qualified bidder as determined by the Town.

9. Description of Work:

Work under this contract includes supplying all professional design services, material, equipment, labor, and all incidentals and other services necessary to perform the Work outlined in this solicitation.

10. Time of Completion & liquidated Damages:

The selected Contractor must obtain bonding, insurance and sign a contract within five (5) days of receipt of notice of award. The bidder must agree to commence work on or before a date to be specified in a written “Notice to Proceed” from the Town and to fully complete the project on or before _120___consecutive calendar days thereafter. The bidder must agree also to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter.

11. Contractor's Insurance:

The Contractor must be able to enter into Contract, covering the Work, within 10 days from the acceptance of his bid. By submitting a bid, the Contractor agrees and warrants that it shall execute the form of contract attached to this solicitation without alteration, condition, modification, or exception.

The Contractor must, within 5 days from the date of acceptance of his proposal, file with the

Town, Workmen's Compensation, Employer’s Liability, Comprehensive General Liability (both primary and excess), Comprehensive Auto Liability, and Professional Liability Certificates of

Insurance, labor and materials payment bond, and performance bond satisfactory to the Town, in compliance with the law, and in the following form and amount:

1. Commercial General Liability insurance on an "occurrence" basis for bodily injury and property damage that may arise out of or result from the Work.

• $1,000,000 each occurrence

Commented [AD1]: Contract time needed. $500 LD’s as a place holder

• $1,000,000 personal and advertising injury

• $2,000,000 general aggregate

• $2,000,000 products-completed operations aggregate

(b) Coverage for ongoing operations, independent contractors, and any persons or entities performing services on behalf of the Contractor.

(c) Products and completed operations coverage, which coverage shall be maintained in effect for a period equivalent to the applicable statute of repose.

(d) An endorsement stating that "limits apply per project."

(e) Contractual liability coverage.

(f) Contain a severability or separation of insureds clause.

(g) An additional insured endorsement (on ISO form CG 20 10 or CG 20 26 and form

CG 20 37, or equivalent acceptable to the Town) naming the Additional Insureds (defined below) as additional insureds.

(h) The insurance maintained by the Contractor shall be primary with respect to the interest of the Additional Insureds, and any other insurance or self-insurance maintained by the

Additional Insureds is in excess and shall not contribute to Contractor's insurance in all instances regardless of any like insurance that the Additional Insureds may have.

(i) Waiver of Subrogation endorsement in favor of the Additional Insureds, and their respective insurers. The Additional Insureds, and their respective insurers retain all rights of subrogation.

2. Commercial Automobile Liability coverage to include owned, leased, hired and non-owned automobile liability insurance covering all use of all automobiles, trucks and other motor vehicles utilized by the Contractor or its subcontractors and suppliers, including each of the following:

(a) A combined single limit for bodily injury and property damage of $1,000,000 per accident.

(b) Coverage for upset, overturn and collision coverage related to pollution events

(applying to the vehicle, trailer or other attachments to vehicle and extend to cargo/waste carried and to subcontractors or others providing services to the Contractor).

(c) Waiver of Subrogation endorsement in favor of the Additional Insureds, and their respective insurers. The other Additional Insureds, and their respective insurers retain all rights of subrogation.

3. Follow-form umbrella (excess) liability insurance with a limit of $5,000,000 each occurrence in excess of the general liability, employer's liability and business automobile liability coverages required of Contractor under this Section. Such insurance shall contain a provision that it will not be more restrictive than the primary insurance. Aggregate limits of liability shall apply separately with respect to the Project. Waiver of Subrogation endorsement in favor of the

Additional Insureds, and their respective insurers. The Additional Insureds, and their respective insurers retain all rights of subrogation.

4. Workers' Compensation insurance, including employer's liability, for all persons whom the Contractor employs (or uses as subcontract labor if the subcontractor is uninsured) in carrying out any services, transportation, deliveries, or work related to this Project. Such insurance shall be in strict compliance with the requirements of the most current and applicable workers' compensation insurance laws in effect from time to time in the state(s) where the

Project is performed.

(a) Coverage A (Workers' Compensation) - Statutory

(b) Coverage B (Employer's Liability)

At a minimum, the following limits and coverages:

• $1,000,000 for each accident, for bodily injury by accident

• $1,000.000 for each employee, for bodily injury by disease

• $1,000,000 for each disease policy limit

(c) Waiver of Subrogation endorsement in favor of the Additional Insureds, and their respective insurers. The Additional Insureds, and their respective insurers retain all rights of subrogation.

(d) Contain endorsements that provide: Voluntary Compensation

5. Professional Liability Insurance. The Contractor shall procure Professional

Liability insurance covering performance of the professional services, with policy limits of not less than five million ($5,000,000) per claim and five million ($5,000,000) in the aggregate.

Additional Insureds.

To the fullest extent permitted by law, the Seller shall cause the primary and excess or umbrella polices for Commercial General Liability, Automobile Liability and Pollution Liability to include the Town, the State of Connecticut, and their respective directors, trustees, officials, officers, committee members, agents, employees, consultants, representatives and volunteers

(collectively, the “Additional Insureds”) as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions or defects in the Work provided by

Contractor and anyone for whom the Contractor is directly or indirectly responsible. The additional insured coverage shall be primary and non-contributory to any of the Additional

Insureds’ insurance policies and shall apply to both ongoing and completed operations. The

Contractor shall provide the Town with an additional insured endorsement evidencing the

Contractor’s compliance with its obligations to name additional insureds pursuant to this Section which endorsement shall be ISO Endorsement satisfactory to the Town.

The insurance provisions set forth herein shall survive the complete or partial performance of this Contract, and termination of this Contract.

6. Fire and Special Extended Coverage in Builder's Risk policy in the amount of

100% of insurable completed value.

If subcontractors are employed, same limits as stated above shall apply and the certificate of insurance must be filed with the Town.

12. Employment of Labor:

This Contract is above the prevailing wage threshold as defined by Connecticut law, section

31-53, et. seq. as amended. The Contractor shall include the costs of such wages including all yearly adjustments in the Contract Price. The wages paid on an hourly basis to any mechanic, laborer or workman employed upon the work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such employee to any employee welfare fund, as defined in subsection (i) of this section, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the town in which such public works project is being constructed. Any contractor who is not obligated by agreement to make payment or contribution on behalf of such employees to any such employee welfare fund shall pay to each employee as part of his wages the amount of payment or contribution for his classification on each pay day. The Contractor shall annually contact the

Department of Labor for updated prevailing wage rates to be effective each July first for the duration of the Contract.

13. Bid Security:

Each bid must be accompanied by a certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Town, in the amount of 5 percent (5%) of the bid.

Such checks or bid bonds will be returned to all but the three lowest bidders within five days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract; or if no award has been made within 60 days after the date of the opening of the bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. The bid bond of the successful bidder will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned.

14. Contract Security:

The Contractor shall furnish a Performance Bond and Labor and Materials Payment Bond in amounts equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of the Contract, and for the payment of all persons performing labor on the project under this contract and furnishing materials, equipment and all other incidentals in connection with this Contract. The bonds shall be in the form included in this solicitation. The

Surety on such a bond shall be from a duly authorized surety company satisfactory to the Owner and the cost of the same shall be paid by the Contractor prior to the starting of any Work, the bonds must be approved by the Owner and be in the Owner’s hands. The bonds must be from a surety company licensed and approved to do business in the State of Connecticut.

15. Guarantee:

The Contractor at no cost to the Town shall replace any material or workmanship found to be defective for up to one year from the date of acceptance by the Town. Upon notification of defective material or workmanship, the Contractor shall immediately replace such defective areas, unless otherwise instructed by the Owner.

16. State f Connecticut Set-Aside Requirements:

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.

This contract is subject to state contract compliance requirements, including nondiscrimination statutes and spending allocation goals. There is $450,000 in state-funding for this project. State law requires project-specific goals be set for this project based on the project’s needs and available Small Business Enterprises (“SBEs”) and Minority Business Enterprises (“MBEs”).

The SBE only goal for this project is $8,333. The MBE goal for this project is $12,500 for a total

SBE goal of $20,833. The selected contractor must demonstrate good faith effort to meet the spending allocation goals.

The Contractor is required to submit a good faith efforts short form plan. See, Short Form Good

Faith Efforts Plan, attached hereto.

17. Prequalification

If the Bidder’s price is $1,000,000 or greater, the Bidder shall comply with C.G.S. Sec. 4b-91.

III. Proposal Forms

BID FORM

TOWN OF PRESTON

COMMUNITY PARK IMPROVEMENTS

TO: First Selectwoman FROM:

Town of Preston

389 Route 2

The undersigned, having familiarized (himself, itself, themselves) with the existing conditions on the Project Site affecting the cost of the work, and with the Contract

Documents for the TOWN OF PRESTON COMMUNITY PARK IMPROVEMENTS hereby proposes to furnish all professional design, supervision, technical personnel, labor, materials, equipment, tools, appurtenances, services, and anything else necessary, including utility and transportation services required to perform and complete this Contract, all in accordance with the Contract Documents, at and for the

Contract Price.

Prices are to be written in both words and figures. In case of discrepancy, the price shown in words will govern.

1. Bandstand/Covered Performance Shelter

Amount in words: ____________________________________________ ($____________)

2. Three Post Tensioned Pickleball Courts

Amount in words: ____________________________________________ ($____________)

Total Base Bid

Amount in words: ____________________________________________ ($____________)

The Bidder acknowledges the receipt of the following Addenda;

Addendum No. , dated

Enclosed is the Bidder’s Bond, Certified Check or Cashier’s Check No. in the amount of five (5%) of the Bid.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.

The bidder agrees that this bid shall be good and may not be withdrawn for a period of

60 calendar days after the scheduled closing time for receiving bids.

In submitting this Bid, Bidder represents that:

a. Bidder has examined and carefully studied the all documents, other related data identified in the scope of Work including any addenda.

b. Bidder has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, and performance of the Work.

c. Bidder is familiar with and is satisfied as to all laws and regulations that may affect cost, progress, and performance of the Work.

d. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the site;

information and observations obtained from visits to the site; the documents and drawings identified in the scope of Work, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, (3) the professional design services required by applicable law, code, and regulation ; and (4) Bidder’s safety precautions and programs.

e. Based on the information and observations referred to in Paragraph d.

above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of this solicitation.

f. Bidder has given the Town written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in this solicitation and in the scope of the Work, if any, and the written resolution thereof by the Town is acceptable to Bidder.

g. The documents included in this solicitation are sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

Respectfully submitted:

By__________________________________

(Title)

(Business Address)

(Telephone Number)

(SEAL - if bid is by a corporation) (Email)

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, , as PRINCIPAL, and as SURETY are held and firmly bound unto the Town of Preston hereinafter called the

"OWNER", in the penal sum of Five Percent of Total Bid Dollars, ($5% of Total Bid) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these Presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated , 2026, for

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after the said opening, and shall within the period specified there for, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, , as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, the Principal shall pay the Owner the difference between the amount specified in said Bid and the Amount for which the Owner may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of , 2026, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. In presence of:

(Individual Principal) (SEAL)

(Partnership) (SEAL)

Attest: By:

(Corporate Principal)

Affix

By: Corporate

Seal

Attest:

(Corporate Surety)

Affix

By: Corporate

Seal

Countersigned by

Attorney-in-Fact, State of

(Power-of-Attorney for person signing for surety company must be attached to bond.)

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive.

This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

1. Name of Bidder.

2. Permanent main office address.

3. When organized.

4. If a corporation, where incorporated.

5. How many years have you been engaged in the contracting business under Your present firm or trade name?

6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate dates of completion.

7. General character of work performed by your company.

8. Have you ever failed to complete any work awarded to you? If so, where and why?

9. Have you ever defaulted on a contract? If so, where and why?

10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed.

11. List your major equipment available for this contract.

12. Experience in construction work similar in importance to this project.

13. Background and experience of the principal members of your organization including the officers.

14. Will you, upon request, fill out a confidential detailed financial statement and furnish any other information that may be required by the OWNER?

15. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Owner or representative in verification of the recitals comprising this Statement of Bidder's Qualifications.

Dated at this day of , 20 .

(Name of Bidder)

By

Title

State of________________________)

) ss.

County of______________________) being duly sworn deposes and says that he is _______ of ________________________________________

(name of organization) and that the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this day of , 20 .

Notary Public

My Commission expires 20 .

IV. Agreement and Bond Forms

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we __________________________________

(Name of Contractor) a

(Corporation, Partnership, or Individual) hereinafter called "Principal" and

(Surety) of , State of hereinafter called the “Surety", are held and firmly bound into of of

(Owner)

_________________________________, hereinafter called "Owner", in the penal sum of

(City and State)

Dollars

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

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of:

Town of Preston Community Park Improvements____________

NOW, THEREFORE, if the Principal shall well, truly and faithfully 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 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 of the specifications accompanying the same shall in any wise 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 of to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the

Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the ______ day of________, 20________.

ATTEST:

Principal

By (s)

(Principal)

Secretary

(SEAL)

(Address-Zip Code)

Witness as to Principal

Surety

(Surety) Secretary Attorney-in-Fact

Witness as to Surety

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

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we _________________________________

(Name of Contractor) a

(Corporation, Partnership, or Individual) hereinafter called "Principal" and

(Surety) of , State of hereinafter called the

“Surety", are held and firmly bound into of of

(Owner)

, hereinafter called "Owner", in

(City and State) the penal sum of _____________________________________________________ Dollars

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

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 20_____, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully 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 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 of the specifications accompanying the same shall in any wise 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 of to the specifications.

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

IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the _____day of_____ , 20 ___

Principal

By (s)

(Principal)

Secretary

Witness as to Principal

Surety

(Surety) Secretary Attorney-in-Fact

Witness as to Surety

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

CONTRACT

This Contract (the “Contract” or “Agreement”) is entered into the ___ day of

_______________ 2026 (“Effective Date”) by and between the Town of Preston, CT, 389 Route 2, Preston, CT 06365, a political subdivision of the State of Connecticut (the “Town” or “Owner”) and ___________________________________ (the “Contractor”).

WHEREAS, the Town advertised for bids (the “RFP”) for: Town of Preston Community Park Improvements (the “Project”), attached hereto as Exhibit A. The Project is a design-build project;

WHEREAS, the services to be performed by the Contractor for the Project are set forth in the RFP, and the other Contract Documents as set forth in Paragraph 9 (the “Work”). The Work includes professional design services, labor, materials, equipment and all things necessary to design and construct the Project as set forth in the Contract Documents; and

WHEREAS, the Town has selected Contractor and the Town and the Contractor desire to enter into a formal Contract for the performance of the Work for the Project;

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 defined in Section 9 below. The Contract Documents represent the entire and integrated agreement between the Town 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 provide all professional design services, labor, equipment, materials, facilities, supplies, transport, temporary protection, and any other things necessary to carry out the Work in strict accordance with the terms of the Contract Documents. The Work of the Contractor shall be first class and be performed in a good and workmanlike manner in accordance with all applicable local, State, and Federal laws and regulations, applicable codes and applicable industry standards.

3. Permits and Standards. Contractor shall obtain all required permits and agreements from the Town, County, Federal, State or other governmental authority for performance of the Work.

4. Compliance with Laws. Contractor shall comply with all Federal, State and local laws and regulations governing the Work whether or not such laws and regulations are fully and properly reflected in the Contract Documents.

5. Time. Time is of the essence of this Contract. The Work of this Contract shall commence upon receipt of a notice to proceed from the Town. The Work shall be substantially completed no later than __120____ days after the notice to proceed. The Contractor shall achieve final completion of all Work within 30 days after substantial completion. The Contractor acknowledges that the Town will incur additional administrative, operational, and public service costs if the Project is not completed within the time specified in the Contract. Accordingly, the Contractor agrees to pay the Town, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) per calendar day for each day beyond the contractual Substantial Completion Date and Final Completion Date that the Work remains incomplete. This amount shall be deducted from the final payment due to the Contractor. The assessment of liquidated damages does not preclude the Town from pursuing additional remedies as provided by law or Contract.

6. Contract Price/Payment. The Contract Price is:

_________________________ _______ ($____________) (“Contract Price”). The Town will pay the Contractor for the Work as follows: within thirty (30) days after receipt of the Contractor’s invoice based upon the percentage of Work completed within the thirty (30) day billing period, provided the Work is completed to the reasonable satisfaction of he Town. In the event the Town disputes the Contractor’s invoice, the Town shall provide the reasons therefore to the Contractor in writing within seven (7) days. In all events, the Town shall pay undisputed amounts within thirty (30) days.

The Town’s good faith dispute over payment shall not be cause for termination of the Contract by the Contractor or suspension of the Work. In this event the Contractor shall continue performance during the pendency of any dispute or claim and the Town shall continue to make payments which are not the subject of a good faith dispute.

Retainage shall be five percent (5%) until final completion of the Work. Provided, however, that 2% of the retainage shall not be released unless and until the release of the same is approved by the Commission on Human Rights and Opportunities (“CHRO”), which release shall not occur until CHRO reviews and approves the Contractor’s compliance with CHRO requirements.

All invoices shall be submitted using the AIA Application for Payment Form G702 and G703. With each Application for Payment the Contractor shall provide waivers of liens and claims to the extent paid by the Owner.

As a condition of final payment, the Contractor shall provide the following:

1. Certificate of occupancy (where applicable)

2. Record documents (As Built Drawings in PDF Format)

3. Certificate of Substantial Completion (AIA form G704)

4. Contractor’s Affidavit of Payment of Debts and Claims (AIA form G706)

5. Contractor’s Affidavit of Release of Liens (AIA form G706A)

6. Subcontractors and Suppliers Release or Waiver of Liens.

Commented [AD2]: $500 LD’s as a place holder

7. Consent of Surety Company to Final Payment (AIA G707)

8. All of the Contractor’s Application and Certificate for Payments (AIA form

G702, and continuation sheet G703).

7. Insurance and Bonds.

General Requirements

The Contractor shall be responsible for maintaining insurance coverage in force for the duration of the Contract of the kinds and amounts listed below, with an insurance company with an AM Best Rating of A-,VIII or better, licensed to write such insurance in the State of Connecticut and acceptable to the Town.

The Contractor’s insurer shall provide the Town with Certificates of Insurance, on a form acceptable to the Town, signed by an authorized representative of the insurance company prior to the commencement of performance of this Contract describing the coverage and providing that the insurer shall give the Town written notice of at least thirty (30) days in advance of any termination, expiration, or any and all changes in coverage.

Such insurance or renewals or replacements thereof shall remain in force during the Contractor’s responsibility under this Contract.

The Contractor’s, at Contractor’s own cost and expense, shall procure and maintain all insurances as set forth herein.

Specific Requirements

Minimum types and limits of insurance shall be as follows:

1. Commercial General Liability insurance on an "occurrence" basis for bodily injury and property damage that may arise out of or result from Work identified in this Agreement.

• $1,000,000 each occurrence

• $1,000,000 personal and advertising injury

• $2,000,000 general aggregate

• $2,000,000 products-completed operations aggregate

(b) Coverage for ongoing operations, independent contractors, and any persons or entities performing services on behalf of the Contractor.

(c) Products and completed operations coverage, which coverage shall be maintained in effect for a period equivalent to the applicable statute of repose.

(d) An endorsement stating that "limits apply per project."

(e) Contractual liability coverage.

(f) Contain a severability or separation of insureds clause.

(g) An additional insured endorsement (on ISO form CG 20 10 or CG 20 26 and form CG 20 37, or equivalent acceptable to the Town) naming the Additional Insureds (defined below) as additional insureds.

(h) The insurance maintained by the Contractor shall be primary with respect to the interest of the Additional Insureds, and any other insurance or self-insurance maintained by the Additional Insureds is in excess and shall not contribute to Contractor's insurance in all instances regardless of any like insurance that the Additional Insureds may have.

(i) Waiver of Subrogation endorsement in favor of the Additional Insureds, and their respective insurers. The Additional Insureds, and their respective insurers retain all rights of subrogation.

2. Commercial Automobile Liability coverage to include owned, leased, hired and non-owned automobile liability insurance covering all use of all automobiles, trucks and other motor vehicles utilized by the Contractor or its subcontractors and suppliers, including each of the following:

(a) A combined single limit for bodily injury and property damage of $1,000,000 per accident.

(b) Coverage for upset, overturn and collision coverage related to pollution events (applying to the vehicle, trailer or other attachments to vehicle and extend to cargo/waste carried and to subcontractors or others providing services to the Contractor).

(c) Waiver of Subrogation endorsement in favor of the Additional Insureds, and their respective insurers. The other Additional Insureds, and their respective insurers retain all rights of subrogation.

3. Follow-form umbrella (excess) liability insurance with a limit of $5,000,000 each occurrence in excess of the general liability, employer's liability and business automobile liability coverages required of Contractor under this Section. Such insurance shall contain a provision that it will not be more restrictive than the primary insurance.

Aggregate limits of liability shall apply separately with respect to the Project. Waiver of Subrogation endorsement in favor of the Additional Insureds, and their respective insurers. The Additional Insureds, and their respective insurers retain all rights of subrogation.

4. Workers' Compensation insurance, including employer's liability, for all persons whom the Contractor employs (or uses as subcontract labor if the subcontractor is uninsured) in carrying out any services, transportation, deliveries, or work related to this Project. Such insurance shall be in strict compliance with the requirements of the most current and applicable workers' compensation insurance laws in effect from time to time in the state(s) where the Project is performed.

(a) Coverage A (Workers' Compensation) - Statutory

(b) Coverage B (Employer's Liability)

At a minimum, the following limits and coverages:

• $1,000,000 for each accident, for bodily injury by accident

• $1,000.000 for each employee, for bodily injury by disease

• $1,000,000 for each disease policy limit

(c) Waiver of Subrogation endorsement in favor of the Additional Insureds, and their respective insurers. The Additional Insureds, and their respective insurers retain all rights of subrogation.

(d) Contain endorsements that provide: Voluntary Compensation

5. Professional Liability Insurance. The Contractor shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than five million ($5,000,000) per claim and five million ($5,000,000) in the aggregate.

Additional Insureds

To the fullest extent permitted by law, the Contractor shall cause the primary and excess or umbrella polices for Commercial General Liability, Automobile Liability and Pollution Liability to include the Town, the State of Connecticut and their respective directors, trustees, officials, officers, committee members, agents, employees, consultants, representatives and volunteers (collectively, the “Additional Insureds”) as additional insureds for claims caused in whole or in part by the Contractor’s negligent acts or omissions or defects in the Work provided by Contractor and anyone for whom the Contractor is directly or indirectly responsible. The additional insured coverage shall be primary and non-contributory to any of the Additional Insureds’ insurance policies and shall apply to both ongoing and completed operations. The Contractor shall provide the Town with an additional insured endorsement evidencing the Contractor’s compliance with its obligations to name additional insureds pursuant to this Section which endorsement shall be ISO Endorsement satisfactory to the Town.

The insurance provisions set forth herein shall survive the complete or partial performance of this Contract, and termination of this Contract.

6. Labor and Materials Payment Bond and Performance Bond. The Contractor shall provide a 100% Labor and Materials Payment Bond and 100% Performance Bond for the full value of the Contract Price at no additional cost to the Town. The bonds shall be issued by sureties authorized to issue such bonds in the State of Connecticut and reasonably acceptable to the Town.

8. Liability.

To the fullest extent allowed by law, the Contractor agrees to indemnify, defend and hold harmless the Town, the State of Connecticut and their respective officers, employees, agents and/or servants against all demands, claims, actions or causes of actions, losses, damages, liabilities, costs and expenses, including without limitation, interest, penalties, court costs and reasonable attorney’s fees, asserted against, resultant to, imposed upon or incurred by the Town resulting from or arising out of:

Any breach by the Contractor of the terms of the Contract Documents, or

Any injuries (including death) sustained by or alleged to have been sustained by the officers, employees, agents and/or servants of the Town or the Contractor or subcontractors or material men, or

Any injuries (including death) sustained by or alleged to have been sustained by any member of the public or otherwise any or all persons, or

Any damage to property, real or personal, (including property of the Town and its officers, agents and servants) caused in whole or in part by the acts, errors, or omissions of the Contractor, any subcontractor or any material men or anyone directly or indirectly employed by them while engaged in the performance of any Work for the Town.

9. Contract Documents.

The Contract Documents include, without limitation, the following:

(i) This Contract;

(ii) The Request for Bids (RFP), including any addenda and scopr of Work attachment, attached hereto as Exhibit A

(iii) Modifications made to the Contract after execution.

In the event of any conflict amongst the Contract Documents, the more costly, the more time consuming, the higher standard, the more onerous duty and/or obligation shall prevail as determined by the Town.

10. Professional Design Services. The Work includes all professional design services required by law, regulation, and applicable codes. The persons or entities providing such professional design services shall be licensed to provide such services in the State of Connecticut and their seal and signature shall be affixed to all documents produced by such design professional.

11. Hold Harmless.

The Contractor shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless the Town, the State of Connecticut and their respective directors, trustees, officials, officers, committee members, agents, employees, consultants, representatives and volunteers, including any of the foregoing sued as individuals (collectively, the “Town Indemnified Parties”), from and against all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses and expenses, including attorney’s fees, arising out of or relating, directly or indirectly, to the Contractor’s malfeasance, misconduct, negligence or failure to meet its obligations under the Contract. The Contractor’s obligations under this section shall not be limited in any way by any limitation on the amount or type of the Contractor’s insurance. Nothing in this section shall obligate the Contractor to indemnify the Town Indemnified Parties against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Town Indemnified Parties. In any and all claims against the Town Indemnified Parties made or brought by any employee of the Contractor, or anyone directly or indirectly employed or contracted with by the Contractor, or anyone for whose acts or omissions the Contractor is or may be liable, the Contractor’s obligations under this section shall not be limited by any limitation on the amount and type of damages, compensation or benefits payable by the Contractor under workers’ compensation acts, disability benefit acts, or other employee benefits acts. The Contractor shall also be required to pay any and all attorney’s fees incurred by the Town Indemnified Parties in enforcing any of the Contractor’s obligations under this section, which obligations shall survive the termination or expiration of this Contract. As a municipal agency of the State of Connecticut, the Town will NOT defend, indemnify, or hold harmless the Contractor.

The insurance requirements set forth herein are not meant to be construed as a limitation of liability.