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Specifications & specimen contract documents for Compo Marina Piers

– Utility Platform

Bid No. 27-188T

October 2026

Westport Connecticut logo

Town of Westport Board of Selectmen

Kevin Christie, First Selectman

Department of Public Works

Larry Roberts, Director of Public Works

Keith S. Wilberg, PE, LS, Town Engineer

Engineering Division 110 Myrtle Ave, Room 210 Westport, CT 06880

(203) 341-1120

IRS ID #06-6002128

Town of Westport

00200

Information for bidders

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

11:00 AM, Thursday, November 19, 2026

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

Each Bid must be submitted in a sealed envelope, addressed to The Town of Westport, Office of the Controller, Room 313 at 110 Myrtle Avenue, Westport, Connecticut. Each sealed envelope containing a Bid must be plainly marked on the outside as:

BID 27-188T

Compo Marina Piers – Utility Platform

The bid envelope should also bear on the outside the name of the Bidder, the Bidder's address, and license number if applicable. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the Owner at the Office of the Controller, Room 313, Town Hall, 110 Myrtle Avenue, Westport, Connecticut, 06880.

All Bids must be made on the required Bid form. All blank spaces for Bid prices must be filled in, in ink or typewritten, and the Bid form must be fully completed and executed when submitted. Only one original Bid is to be submitted, along with one electronic copy on a memory stick, e.g. as a PDF.

No additional copies are required.

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 Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof.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

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

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

The Contract Documents contain the provisions required for the construction of the Project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve the Bidder from fulfilling any of the conditions of the contract.

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

00200

Information for bidders

Each Bid must be accompanied by a Bid Bond payable to the Owner for fifteen (15) percent of the total amount of the Bid, including both the base bid amount and all alternates. As soon as the Bid prices have been compared, the Owner will return the bonds of all except the three lowest responsible Bidders. When the Agreement is executed the bonds of the two remaining unsuccessful Bidders will be returned. The Bid Bond of the successful Bidder

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

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

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

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

The completion time for all work under this contract is 180 consecutive calendar days AFTER ISSUANCE OF THE NOTICE TO PROCEED based on the following work schedule:

Contract Award – To be determined, as soon as is feasible.

Notice to Proceed – To be determined, or as soon as is feasible.

This will be the required schedule, unless otherwise approved in writing by the Director of Public Works, (reference Article 16, "Time for Completion and Liquidated Damages" in the General Conditions).

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

00200

Information for bidders

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

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A conditional or qualified Bid will not be accepted.

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

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

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

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

Procedure for determining the lowest responsible, qualified bidder:

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

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

- End of Section -

Note about transcribed forms: this format exists to remove accessibility barriers, but some recipients prefer the original printed format. If you'd like help moving your entries into the original form, please use the live assistance options in the sidebar or contact the author.

00300 Utility Platform Project Ned Dimes Marina

60 Compo Beach Road Westport, CT

Bid form

1. General

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Bid instructions: Submit this bid form in strict compliance with the Instructions to Bidders. Fill in all blanks; if not providing a bid on a specific package, enter “No Bid”. The owner reserves the right to reject incomplete bid forms.

Bid proposal from Name Street City, state

Telephone Email

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

Addenda received

Addendum No. (row 1)

Dated (row 1) mm/dd/yyyy

Addendum No. (row 2)

Dated (row 2) mm/dd/yyyy

Addendum No. (row 3)

Dated (row 3) mm/dd/yyyy

Addendum No. (row 4)

Dated (row 4) mm/dd/yyyy

I have included the provisions of the above Bid Documents and Addenda in my bid. I have received and reviewed the Bid Documents entitled “Compo Marina Utility Platform”, Town of Westport, 60 Compo Beach Road, Westport, CT 06880.

Race Coastal Engineering Inc. Page 1 of 6

00300 Utility Platform Project Ned Dimes Marina

60 Compo Beach Road Westport, CT

2. Base bid

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The Base Bid shall include the cost of materials, labor, equipment, overhead, profit and taxes necessary to complete the work to the Owner’s satisfaction.

This includes, but is not limited to, temporary work, submittals, subcontractors, and other efforts required to affect the work. It also includes all materials, labor, and equipment for incidental work associated with the installation of the item, such as hardware, welding, curing and protection, and any other item implicit to the proper installation of the item subject to the acceptance by the Owner. The cost in the Base Bid shall include the quantities reflected in the Bid Documents. The Owner reserves the right to select repairs/replacements identified below for all, some, or one of the piers.

General conditions

Item Work item description Lump sum bid price

GC-1 Mobilization / Demobilization $ (Lump Sum)

GC-2

Building Permit: Contractor shall acquire a building permit as necessary to complete the work. (Permit fee to be paid directly by the Owner)

$ (Lump Sum)

GC-3

Site Preparation: In accordance with the drawings and specifications the Contractor shall prepare the site for construction, establish a staging area, install temporary fencing, complete project layout, install S&E controls, etc.

$ (Lump Sum)

GC-4

Site Cleanup: In accordance with the drawings and specifications, the Contractor shall restore the site to like or better condition than prior to start of construction, remove all temporary measures, clean work area, etc.

$ (Lump Sum)

GC-5

As-Built Survey: In accordance with the drawings and specifications the Contractor shall hire a land surveyor licensed in the State of Connecticut to complete an A2/T2 As-built survey of the completed work. As-built survey shall encompass the entire work area and shall include but is not limited to new structures, piles, contours, tidal contours, paved areas, walkways, utilities, etc.

$ (Lump Sum)

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Utility platform

Item Work item description Lump sum bid price

P-1

Demolition: In accordance with the drawings and specifications, the Contractor shall demolish, remove, dispose of, or temporarily remove the existing structures as identified in the drawings. These structures include but are not limited to: the switchboard, transformer, concrete pads, conduits, conductors, fences, etc.

$ (Lump Sum)

P-2

Modular Block Wall: In accordance with the drawings and specifications, the Contractor shall install the modular block wall enclosure. This shall include, but is not necessarily limited to:

excavation, geotextile fabric, crushed stone, modular block wall units, transformer vaults, backfill, utility penetrations, etc.

$ (Lump Sum)

P-3

Concrete Deck: In accordance with the drawings and specifications, the Contractor shall install the concrete deck atop the utility platform.

This shall include but is not necessarily limited to: formwork, reinforcing steel, concrete, etc.

$ (Lump Sum)

P-4

Utilities: In accordance with the drawings and specifications, the Contractor shall temporarily shut off and remove utilities, utility conduits, and fixtures in the work area and install new utilities including, but not limited to: verification

$ (Lump Sum)

Race Coastal Engineering Inc. — Page 2 of 6

00300 Utility Platform Project Ned Dimes Marina

60 Compo Beach Road Westport, CT

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P-5

Timber Stairs: In accordance with the drawings and specifications, the Contractor shall furnish and install the timber access stairs. This shall include but is not limited to: concrete landing pad, stringers, treads, posts, handrails, ties, etc.

$ (Lump Sum)

P-6

Guardrails: In accordance with the drawings and specifications, the Contractor shall install the guard rail system. This includes but is not necessarily limited to guard posts, caps, top rails, bottom rails, chain link fence, hardware, grout, etc.

$ (Lump Sum)

P-7

Fence: In accordance with the drawings and specifications, the Contractor shall repair fence including, but not limited to, finish grading, posts, damaged/demolished fencing, etc.

$ (Lump Sum)

P-8

Landscaping: In accordance with the drawings and specifications, the Contractor shall seed, plant and restore the site upon completion of work. This includes but is not limited to topsoil, grass seed, watering, hat matting, coir matting, etc.

$ (Lump Sum)

Utility platform subtotal $

Race Coastal Engineering Inc. — Page 3 of 6

00300 Utility Platform Project Ned Dimes Marina

60 Compo Beach Road Westport, CT

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Item Lump sum bid price

General Conditions Subtotal

(Lump Sum)

Utility Platform Subtotal

(Lump Sum)

Base bid project total

I will furnish all labor, material, equipment and services necessary to perform the work required for the Base Bid package in accordance with the bid documents, inclusive of the cost of Performance and Payment Bonds, and will take full payment the lump sum price of:

Dollars ($

(BIDDER: Fill in the amount in words and numbers. In cases of conflicts between words and numbers, words shall control.)

Race Coastal Engineering Inc. Page 4 of 6

00300 Utility Platform Project Ned Dimes Marina

60 Compo Beach Road Westport, CT

3. Alternatives (add/deduct)

The alternative price shall include the cost of materials, labor and equipment, including overhead and profit necessary to complete the work to the Town’s satisfaction. This includes, but is not limited to, temporary work, submittals, subcontractors, and other efforts required to affect the work. It also includes all materials, labor, and equipment for incidental work associated with the installation of the item, such as hardware, welding, curing and protection, and any other item implicit to the proper installation of the item subject to the acceptance by the Town. The Alternative Bid Items identified below shall either be added or deducted from the “Base Bid Project Total” noted above in Section 2.

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Item no. Work item description Units Unit price

Alt #1 (Add) Pump Control Cabinet Relocation

LS

/LS

4. Unit prices

Unit Prices shall be used for adding, deducting or modifying base bid work as may be directed by the Town. The Unit Price shall include the cost of materials, labor and equipment, sales tax, and overhead and profit necessary to complete the work to the Owner’s satisfaction. This includes, but is not limited to, temporary work, submittals, subcontractors, and other efforts required to affect the work. It also includes all materials, labor, and equipment for incidental work associated with the installation of the item, such as hardware, welding, curing and protection, and any other item implicit to the proper installation of the item subject to the acceptance by the Owner.

Item no. Work item description Units Unit price

UP-1 Conduit LF

/LF

UP-2 Conductors LF

/LF

UP-3 Telecommunications Wire LF

/LF

UP-4 Electrical Disconnects EA

/EA

UP-5 Breakers EA

/EA

UP-6 Junction Boxes EA

/EA

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Item no. Work item description Units Unit price

UP-7 Pre-Cast Transformer Vault EA

/EA

UP-8 Cast-in-Place Concrete CY

/CY

UP-9 Crushed Stone CY

/CY

UP-10 Seeding SF

/SF

Race Coastal Engineering Inc. — Page 5 of 6

00300 Utility Platform Project Ned Dimes Marina

60 Compo Beach Road Westport, CT

UP-11 Topsoil CY

/CY

UP-12 Fence LF

/LF

UP-13 Modular Block Wall LF

/LF

Race Coastal Engineering Inc. — Page 6 of 6

00401

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Bid bond

Town of Westport Westport, Connecticut

Know all men by these presents

Principal and surety

That we, Principal name of the Town of Town

County of County

, and State of Connecticut, as Principal, and Surety corporation

, a corporation organized and existing under the laws of the State of State of incorporation

, and duly authorized to transact a surety business in the State of Connecticut (hereinafter called the “Surety”), as Surety, are held and firmly bound unto the Town of Westport, as Obligee, in the sum of:

Bond amount

Amount in words

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

The condition of this obligation is such that, whereas the Principal has submitted herewith to the Town of Westport, a Proposal dated Proposal date mm/dd/yyyy attached, which is

Compo Marina Piers – Utility Platform Bid 27-188T

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Now therefore,

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

(b) if such Proposal is accepted and the contract is awarded to the Principal, and the Principal enters into a written agreement when required by the Obligee, with such surety bonds as shall be acceptable to the agreement and for the payment of all labor and material used in the performance of the work, then this obligation shall be null and void; otherwise the same shall remain in full force and effect, and the Principal and Surety hereto agree to pay to the Obligee all damages sustained by the

00401 Bid bond agreement, including, but without limiting the generality of the foregoing, the difference between the amount of the Principal's Proposal submitted herewith and the amount for which the Obligee may contract with another party to perform the work covered by such Proposal if the latter amount be in excess of the former, subject, however, to the following conditions:

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

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

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

00401 — Bid bond

In witness whereof, we have set our hands and seals this day of

A.D. 20

Principal signatures

Witness Principal

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(L.S.)

Witness By

(L.S.)

If the principal is a corporation or partnership, indicate that status and the title of the officer signing this bond on its behalf.

Surety signatures

Witness Surety

(L.S.)

Witness By

(L.S.)

Note: If an individual signs as agent for a surety company, they must also submit a power of attorney enabling them to act on behalf of the surety company, as well as a statement of its financial condition and a copy of the corporate resolution authorizing the issuance of bonds.

00401 — Bid bond Acknowledgement of principal

State of County of Date (month and day)

Year (20__) Personally appeared For

The signer(s) and sealer(s) of the foregoing instrument acknowledged the same to be

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Commissioner of the Superior Court or Notary Public My commission expires mm/dd/yyyy

Acknowledgement of surety

State of County of Date (month and day)

Year (20__) Personally appeared For

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

Commissioner of the Superior Court or Notary Public My commission expires mm/dd/yyyy

00402

Qualifications of bidder

Compo Marina Piers – Utility Platform Bid 27-188T

The bidder is required to submit on the following pages the information required in regard to qualifications for the work.

(Use back of this sheet if necessary)

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

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

Own equipment Rented equipment

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

Bidder information Name of bidder Address

00403

Non-collusive bid statement

Compo Marina Piers – Utility Platform Bid 27-188T

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

1. The bid has been arrived at by the bidder independently and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other vendor for materials, supplies, equipment, or services described in the Advertisement for Bids, 10/26/26, 9:38 PM Print - Specifications & specimen contract documents for Compo Marina Piers – Utility Platform about:blank 16/99 designed to limit independent bidding or competition, and

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

Name of bidder Address Signature

Title Date mm/dd/yyyy

00404

Agreement

This agreement, made this day of , 20 , by and between the Town of Westport, a municipal corporation in the County of Fairfield and the State of Connecticut (hereinafter called the “Owner”) and

Contractor name

, doing business as an individual, a partnership, or a corporation (hereinafter called the “Contractor”), organized and existing under the laws of the State of Connecticut.

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

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

Compo Marina Piers – Utility Platform

Bid 27-188T within 180 consecutive calendar days of receipt of the Notice to Proceed.

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

3. The Contractor agrees to perform all of the Work described in the Contract Documents for the sum arrived at by multiplying the Unit Prices of the respective items in the Bid

00404 Agreement

Schedule by the total quantities of the items completed and accepted, subject to additions and deductions as provided in the General Conditions.

4. Contract Documents

The term “Contract Documents” means and includes the following:

Advertisement for Bids Information for Bidders Proposal Agreement General Conditions Special Provisions Specifications Contract Drawings

Addenda as herein enumerated

Addendum 1

No.

Dated mm/dd/yyyy

Addendum 2

No.

Dated mm/dd/yyyy

Addendum 3

No.

Dated mm/dd/yyyy

00404 Agreement

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

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

00404 Agreement

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

Contractor execution

(Seal)

Attest: Contractor

By:

(L.S.)

Name:

Title:

Date: mm/dd/yyyy

Town of Westport execution

(Seal)

Attest: Town of Westport

By:

(L.S.)

Name:

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Kevin Christie, First Selectman

Date: mm/dd/yyyy

Approval and certification

Approved as to form:

Asst. Town Attorney:

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

Controller:

Date: mm/dd/yyyy

00405

Payment bond

Town of Westport Westport, Connecticut

Know all persons by these presents

That we, the following principal and surety, are held and firmly bound unto the Town of Westport, hereinafter called Owner, in the sum stated below:

Principal and surety

Principal name Principal city or town Principal county

Surety name

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The principal is of the city or town and county entered above, in the state of Connecticut.

Bond amount

Amount in words Amount in dollars ($)

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

The condition of this obligation is such that, whereas the Principal has entered into a certain written contract with the Owner, dated as follows:

Contract date

Day Month Year (last two digits after 20)

A copy of the contract is attached and made a part hereof for the construction of:

Compo Marina Piers – Utility Platform

Bid 27-188T

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

00405

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

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

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

In witness whereof, we have set our hands and seals on the date below.

Date of execution

Date mm/dd/yyyy

Principal

Name of principal

First witness signature

First witness printed name

Second witness signature

Second witness printed name

Authorized signature

Signer’s printed name

Signer’s title

Surety Name of surety

First witness signature

First witness printed name

Second witness signature

Second witness printed name

Authorized signature

Signer’s printed name

Signer’s title

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00405 Payment bond Note: Date of bond must not be prior to date of contract. If the contractor is a partnership, all partners should execute the bond.

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

00406

Performance bond

Town of Westport

Westport, Connecticut

Know all persons by these presents

That we, as Principal, and the Surety identified below, are held and firmly bound unto the Town of Westport, hereinafter called Owner, in the sum stated below.

Principal

Name City or town County

State

Surety

Name City or town County

State

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Bond amount

Amount in words Amount in dollars ($)

In lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors and assigns, jointly and severally, firmly by these presents. The liability of the Surety under this bond shall in no event exceed the bond amount set forth above or in any additions, riders or endorsements properly issued by the Surety.

The condition of this obligation is such that, whereas the Principal has entered into a certain written contract with the Owner, dated as specified below, a copy of which is hereto attached and made a part hereof for the construction of:

Contract date

Day Month Year (last two digits after 20)

Compo Marina Piers – Utility Platform

Bid 27-188T

Now therefore, if the Principal shall well and truly keep, and perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to

00406 — Performance bond the Surety, and during any additional guaranty period after the original term of the Contract, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void;

otherwise to remain in full force and effect.

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

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

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00406 — Performance bond

In witness whereof, we have set our hands and seals this:

Date of bond

Day Month Year

Principal

Principal name Principal signature Principal signer’s printed name

Principal signer’s title

First principal witness

Signature Printed name

Second principal witness

Signature Printed name

Surety

Surety name Surety signature Surety signer’s printed name

Surety signer’s title

First surety witness

Signature Printed name

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Second surety witness

Signature Printed name

Note: Date of bond must not be prior to date of contract. If contractor is a partnership, all partners should execute the bond.

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

00500

General conditions

Table of contents

Article title Page

1. Definitions GC-1

2. Agreement and Contract Documents GC-1

3. Shop Drawings and Submittals GC-1

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

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

6. Substitutions GC-2

7. Surveys, Layout of Work GC-2

8. Permits, Ordinances, and Regulations GC-3

9. Supervision by Contractor GC-3

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

11. Night and Sunday Work GC-3

12. Blasting and Explosives GC-3

13. Job Meetings GC-3

14. Changes in the Work GC-3

15. Changed Conditions GC-4

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Article title Page

16. Changes in Contract Price GC-4

17. Time for Completion and Liquidated Damages GC-4

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

19. Measurement and Payments to Contractors GC-5

20. Partial Use of Site Improvements GC-6

21. Acceptance of Final Payment as Release GC-6

22. Insurance GC-6

23. Contract Security GC-7

00500

General conditions

24. Assignments GC-7

25. Indemnification GC-7

26. Separate Contracts GC-8

27. Private Utility Lines GC-8

28. Work by Others GC-8

29. Subcontracting GC-8

30. Engineer's Authority GC-8

31. Land and Rights of Way GC-8

32. Guaranty GC-8

33. Taxes GC-8

34. Provisions Required by Law Deemed Inserted GC-9

35. Safety Provisions GC-9

36. Wage Rates GC-9

00500

General conditions

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1. Definitions

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

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

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

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

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

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

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

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

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

ENGINEER - The Westport Town Engineer.

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

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

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

OWNER - The Town of Westport

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

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

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

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

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

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

2. Agreement and contract documents

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

The Owner will furnish the Contractor, without charge, five copies of the Contract Documents, including Specifications and Contract Drawings.

Additional copies will be furnished at nominal cost to the Contractor, upon request.

In case of conflict between the Contract Drawings and Specifications, the Specifications shall govern. Figure dimensions on Contract Drawings shall govern over scale dimensions, and detailed drawings shall govern over general drawings. Any discrepancies found between the Contract Drawings and Specifications and site conditions, or any inconsistencies or ambiguities in the Contract Drawings or Specifications, shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk.

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

3. Shop drawings and submittals

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

GC-1

00500

General conditions of shop drawings and submittals shall not release the Contractor from responsibility for deviations from the Contract Documents. Certificates of conformance must be submitted on all material and/or equipment that will become the property of the Owner. Portions of the Work requiring shop drawings or submittals shall not begin until after review by the Engineer. Any submittals not following this procedure will be rejected.

4. Work area, materials storage, temporary services and facilities

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

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

5. Inspection, testing and certificates of conformance

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

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

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

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

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

6. Substitutions

References to brand names or catalogue numbers in the Contract Documents are for the purpose of defining the performance or other salient requirements of materials and equipment. The Contractor may request to substitute materials or equipment of equal substance and function. If in the opinion of the

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

7. Surveys, layout of work

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

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

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

GC-2

00500

General conditions

8. Permits, ordinances, and regulations

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

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

9. Supervision by contractor

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