Invitation for Bid/Proposal

RFP 26-39

The Purchasing Agent, City of Norwich, on behalf of Norwich Public Utilities, will receive bids/proposals for Gas Inspection Services until 2:00 P.M. prevailing time on March 10, 2026, at which time they will be opened on the Procurement website and be available to view. All proposals are to be submitted via the City of Norwich Procurement Portal at the following website:

City of Norwich Procurement Portal

The documents may be downloaded from the following website:

City of Norwich Procurement Portal

Addenda, if any, will be posted on the website listed above. All Vendors, prior to submitting their proposals, should check the websites to ensure they have received all issued addenda.

Norwich Public Utilities reserves the right to reject proposals, in whole or in part, to waive minor irregularities, and to select other than the low proposer if deemed in the best interest of the City of Norwich.

Vendors may not withdraw their proposal within sixty (60) days of the opening date. Should there be reason why the contract cannot be awarded within the specified time, the time may be extended by mutual agreement between Norwich Public Utilities and the selected Vendor.

By submitting a proposal to this RFP, the vendor certifies they are not on a state or federal debarment or suspended list and are not prohibited from performing any state or federal work.

All final awards of the bid shall follow the City of Norwich Code of Ordinances §7-46 – Delinquent Tax Setoff Against Money Due Bidder or Contractor.

All Vendors must submit bids/proposals through the City Procurement Portal.

Responding Vendors must ensure that employees and applicant for employment are not discriminated against because of their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to blindness, unless it is shown by such Vendor that such disability prevents performance of the work involved.

Robert R. Castronova Purchasing Agent

City of Norwich Department of Finance – Purchasing Agent Phone: (860)823-3706 100 Broadway, Room No. 105 Fax: (860)823-3812 Norwich, CT 06360 E-mail: rcastronova@cityofnorwich.org whathaway@cityofnorwich.org https://norwichct.bonfirehub.com/portal/?tab=openOpportunities https://norwichct.bonfirehub.com/portal/?tab=openOpportunities

Natural Gas Construction Inspection Services Page 1 of 4 Norwich Public Utilities

Request for Proposal RFP 26-39 Natural Gas Inspection Services

Introduction

Norwich Public Utilities (NPU) is a municipal utility company of the City of Norwich, CT and is the provider of natural gas, electricity, water, and wastewater for all of Norwich. NPU serves approximately 25,000 residences and businesses in Norwich and the surrounding towns of Lisbon, Franklin, Bozrah, Lebanon, Preston, Montville, and Sprague.

Objective

NPU seeks proposals from qualified companies to provide natural gas construction inspection services for all phases of natural gas distribution operations. NPU currently provides natural gas to approximately 9,850 customers in Norwich and small sections of Preston and Bozrah through four primary pressure classes ranging from 21 inwc MAOP to 199 psi MAOP. Inspectors will be required to inspect and document the work of internal and contractor crews performing maintenance, replacement and/or new construction projects involving a variety of pipe materials and functions.

Scope of Services

The Inspector will be employed full-time between approximately March 15 and December 31, except on inclement weather days and NPU observed holidays. Normal working hours are Monday – Friday from 7:00 a.m. to 3:30 p.m. On rare occasions there may be a requirement to work overtime and/or different shifts for special projects. In addition, there may be an opportunity for full or part time work between January 1 and March 14 conducting Call Before You Dig (CBYD) inspections for excavations occurring near NPU gas facilities.

As a general rule the Inspector will be asked to inspect three crews per day working predominately within the borders of the City of Norwich. A minimal amount of work occurs in the towns of Preston and Bozrah.

The Inspector will work closely with and be assigned tasks by the NPU Gas/Water/Sewer General Foreman. The Inspector will be expected to complete electronic daily inspection for each crew inspected. Additional electronic documentation that may be required to be completed include, but not limited to, exposed pipe reports, QA/QC documents, pressure tests, blasting reports, and CBYD inspection reports.

NPU will provide the Inspector with an NPU cellphone, iOS tablet device, and business cards.

These devices will have security protocols restricting the loading of new software or apps, and shall not be used for anything other than NPU business purposes.

Natural Gas Construction Inspection Services Page 2 of 4

The Inspector will be required to provide his/her own personal protective equipment (PPE) and motor vehicle in good working condition. Proposals should include any mileage reimbursement charges sought. Mileage reimbursement will only be for mileage traveled while conducting NPU Inspections. Mileage will not be paid for travel between the Inspector’s home/office to or from

NPU.

The Inspector will be required to become well versed with NPU’s O&M Manual and associated manuals and report any work practice deficiencies on the daily inspection reports. It is critical that the Inspector maintain a formal, professional working relationship with construction crews he/she inspects. Every precaution must be taken to prevent personal relationships between the Inspector and crew members to interfere with the accurate and objective reporting of activities witnessed in the field. NPU management will be very vigilant in ensuring the integrity of inspection reports.

Invoices will be provided on a weekly basis with itemizing of job locations, hours worked, and mileage (if applicable). Invoices must reference the RFP/Purchase Order number.

Qualifications

Prospective Inspectors must possess the following minimum qualifications:

1. Possess and maintain the following Northeast Gas Association (NGA) Operator Qualification (OQ) tasks:

a. NGA-CT-22B-Inspecting 3rd Party Excavations for Damage Prevention, Excluding Root Cause Analysis

b. NGA-CT-23/24-Inspecting the Condition of Exposed Pipe

c. NGA-CT-31A-Installation of Pipe: Storage, Handling and Inspection of Pipe:

General Knowledge

d. NGA-CT-34A.1-Performing a Pressure Test with Air and Inert Gas

e. NGA-CT-36/47-Abandonment of Facilities

f. NGA-CT-40A-Installing/Replacing Tracer Wire and Marker Balls

g. NGA-CT-52H.B-Inspecting Plastic Pipe Fusion Joint (Visual Inspection Only-

Butt Fusion-3 Year)

h. NGA-CT-52H.E-Inspecting Plastic Pipe Fusion Joint (Visual Inspection Only-

Electrofusion-3 Year)

i. NGA-CT-70-Basic Abnormal Operating Conditions and Properties of Natural Gas

j. NGA-CT-71-Operator Excavating and Backfilling in the Vicinity of a Pipeline

k. NGA-CT-Soil Compaction

2. Minimum of ten (10) years of well-rounded gas distribution field experience, including, but not limited to all or most of the following:

Natural Gas Construction Inspection Services Page 3 of 4

a. Plastic pipe installation and maintenance, including electrofusion and butt fusion joining, squeezing, purging, pressure testing, tapping, bagging and repairs.

b. Steel pipe installation and maintenance, including welding, coating, mechanical joining, repairs, purging, pressure testing, tapping, bagging, and corrosion control.

c. Cast iron pipe maintenance and repair, including mechanical joining, encapsulation, purging, tapping, and bagging.

d. Installation of residential, commercial, and industrial steel and plastic services from the main to the customer tie in point downstream of the meter.

3. Demonstrated thorough knowledge of 49 CFR Part 192 and CT PURA State Gas

Regulations.

Proposal Requirements

1. Company description, profile, background, years in service, etc.

2. Resume of primary Inspector (references are encouraged).

3. Resume of backup Inspector when primary Inspector is unavailable (if applicable).

4. Inspector hourly (and mileage if applicable) charge for calendar years 2026, 2027, and

2028. Please note that calendar years 2027 and 2028 are not guaranteed (see Term section below for renewal conditions). If the second two-year renewal is requested (2029/2030), pricing for these years will be negotiated at the time of renewal. NPU will not pay for time traveled to report to or from NPU headquarters.

5. Mileage charge for travelling between inspection jobs (if applicable).

6. Policy for notification and/or charges on inclement weather days (if applicable).

Selection Criteria

NPU will select the proposal that NPU deems as being the overall best value. Lowest price alone will not be the sole determining factor. NPU may interview the prospective inspector prior to final selection. The scoring criteria will be as follows:

70% Proposal Price

30% Qualifications and experience of the primary Inspector; quality of interview of primary Inspector, if applicable; successful prior experience inspecting for NPU.

Term

The initial contract period shall be for one (1) year, calendar year 2026.

Subsequent two-year renewals, at the option of Norwich Public Utilities, may be available for two additional terms (2027/2028 and 2029/2030) for a total possible term of five (5) years.

Natural Gas Construction Inspection Services Page 4 of 4

Award

The firm whose proposal is accepted by NPU will be required to furnish all insurance certificates in the amounts specified, within 5 days from the date of the notice of award. Once the certificate of insurance is received, the firm will be required to execute a contract, in substantially the form included in the RFP documents. Once the contract is signed by both parties, the contractor will be issued a Purchase Order.

NON-COLLUSION

(1) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from Bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Owner or any person interested in the proposed Contract; and

(2) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Company Name:

(Signed)

(Title)

Date:

NPU Minimum Insurance Requirements

The Contractor shall comply with every condition herein. The Contractor shall provide and maintain the insurance coverage set forth below during the term of its agreement with NPU. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. NPU accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. The insurance requirements contained herein supersede any other insurance requirements referenced in the bid documents.

Exceptions to the above requirements are subject to the sole discretion of Norwich Public Utilities, based on the size and scope of the project and associated risk exposures to Norwich Public Utilities.

With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows:

A. NPU shall be included as an additional insured with respect to General Liability, Automobile Liability, and if applicable, Pollution Liability and excess/umbrella liability, all on a separate endorsement (s).

B. A waiver of subrogation in favor of NPU shall be contained in the Workers’ Compensation and all liability policies (except on the Professional Liability policy) and must be provided through a separate endorsement.

C. All insurance policies shall be endorsed to the effect that NPU will receive at least thirty (30) days' written notice prior to cancellation or non-renewal of the insurance. Contractor is ultimately responsible for notice of cancellation should its carrier be unable to comply with the above requirement.

D. All insurance policies, which include NPU as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance.

E. All insurance policies shall be endorsed to require the insurer to immediately notify NPU of any material change in the insurance coverage that would cause non-compliance with the specific provisions required herein, as well as exhaustion of any aggregate limits.

F. All liability policies shall contain no cross-liability exclusions or insured versus insured restrictions.

G. Required limits may be satisfied by any combination of primary and umbrella liability insurances.

H. Contractor may maintain reasonable and customary deductibles, subject to approval by NPU.

I. Insurance must be purchased from insurers having a minimum A.M. Best rating of A- / VIII.

J. Contractual Liability under the General Liability policy must be maintained covering the Contractor’s obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the required endorsements and insurance coverages according to requirements and instructions contained herein.

K. A valid Certificate of Insurance verifying each of the coverages required above shall be issued directly to NPU within ten (10) business days after contract award and prior to starting any work by the successful contractor’s insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to NPU, all required endorsements identified in sections A, B, C and D, above shall be sent to NPU.

Contractor shall, at its own expense, maintain on all of its operations, the following coverage and limits of insurance:

The following types of insurance shall be provided before starting and until final completion and acceptance of the Work and expiration of the guarantee period provided for in the Agreement.

The limits of liability for insurance required shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, Employers’ Liability, and related coverages:

a. State: Statutory

b. Voluntary Compensation Same as State Workers’ (by any exempt entities) Compensation

c. Employer’s Liability: $1,000,000 Each Accident

$1,000,000 Disease, Policy Limit $1,000,000 Disease, Each Employee

d. The policy must contain a waiver of subrogation in favor of NPU, executed by the insurance company. If there is an exposure of injury to Contractor’s employees under the U.S. Longshoremen’s and Harbor Workers' Compensation Act, the Jones Act or under laws, regulations or statutes applicable to work on, next to, or above water, coverage shall be included for such injuries or claims.

2. General Liability coverage, including bodily injury, personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage for premises/operations, products/completed operations, independent contractors and contractual liability (specifically covering the indemnity), broad-form property damage, and underground, explosion and collapse hazard. The policy or policies must be on “an occurrence” basis (“claims made” coverage is not acceptable”.

a. Bodily Injury:

$1,000,000 Each Occurrence $2,000,000 Aggregate

b. Property Damage:

$1,000,000 Each Occurrence $2,000,000 Aggregate

c. Personal/Advertising Injury, (with Employment Exclusion deleted if applicable):

$1,000,000 Each Occurrence $2,000,000 Aggregate

d. If General Liability policy includes a General Aggregate, such General Aggregate shall not be less than $2,000,000.

Per Project Aggregate shall also apply.

The policy must contain a waiver of subrogation in favor of NPU, executed by the insurance company.

3. Commercial Automobile Liability (owned, non-owned, or hired autos):

a. Bodily Injury and Property Damage: $1,000,000 combined single limit

4. Umbrella/Excess Liability coverage (over commercial general liability, commercial automobile liability, and employer liability): This may be satisfied by having the underlying liability limits that equal or exceed the combined amount of the underlying liability limits that equal or exceed the combined amount of the underlying liability limits and umbrella coverage.

NPU shall have discretion in determining or increasing the Umbrella/Excess Liability coverage requirements depending on the scope and/or size of the work performed by Contractor with the review and approval of the Contractor.

$2,000,000 Over Primary Insurance $10,000 Retention

5. Professional Liability coverage:

$1,000,000 per claim $1,000,000 annual aggregate

6. Property Insurance: Contractor shall be responsible for maintaining any and all property insurance on their own equipment and shall require all subcontractors to do likewise.

7. Pollution Liability, if applicable;

If Contractors or their Subcontractors are required to perform hazardous material operations such as asbestos containing materials, containing soil, etc., they must, in addition to the above requirements, carry a "Contractor's Pollution Liability" policy with limits not less than $1,000,000 per occurrence and not less than $1,000,000 aggregate for bodily injury, personal injury and property damage, naming Contractor as additional insured. If Contractor or their subcontractors haul, hazardous waste they must carry Automobile Liability insurance with $1,000,000 combined single limit per occurrence for bodily injury and property damage applicable to all hazardous waste hauling vehicles and include the MCS 90 endorsement.

NPU shall have sole discretion in increasing the Pollution Liability coverage requirements depending on the scope and/or size of the work performed by Contractor.

CONTRACT FOR SERVICES

THIS AGREEMENT, made and entered into this day of Month and Year, by and between Vendor Name, Address, City, State, Zip Code, hereinafter called Contractor or Vendor, and Norwich Public Utilities, 16 South Golden Street, Norwich, CT 06360, hereinafter called “NPU.”

WHEREAS NPU desires to enter a contract for services, and the Contractor represents itself as competent and qualified to accomplish the specific requirements of this contract to the satisfaction of NPU, therefore this contract is entered into under the following terms and conditions:

1. The Contractor agrees to perform the services contained in Bid # and project title. The terms and conditions as contained in this Contract for Services shall take precedence over any conflicting terms as may be attached hereto.

2. Term of the Contract:

3. Contract Price: NPU shall pay the Contractor

4. Liquidated Damages: In the event the Contractor fails to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to NPU in the amount of $ per calendar day.

5. Contract Documents: The Contract Documents consist of this Agreement, the Project Description, the Standard Bid and Contract Terms and Conditions, the Instructions to Bidders, the Contractor’s bid as accepted by the City, the General and Special Conditions of the Work, the Technical Specifications, the drawings and all Addenda attached hereto.

The Contract Documents are complementary and what is called for by anyone shall be as binding as if called for by all. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any of the other Contract Documents, the provisions of this Agreement shall prevail.

Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the edition of the standard specification, manual, code or laws or regulations identified in the reference. In the event a particular edition is not identified, the reference shall mean the latest edition in effect at the time of receipt of the bid. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the City, the Contractor or any of their consultants, agents or employees from those set forth in the Contract Documents.

6. Obligations And Liability Of The Contractor: The Contractor shall, as herein specified, do all the work and perform and furnish all the labor, services, materials, equipment, plant, machinery, apparatus, appliances, tools, supplies and all other things (except as otherwise expressly provided herein) necessary for the proper performance and completion of the work in the manner and within the time hereinafter specified, in strict accordance with the Drawings, Specifications and other Contract Documents, in conformity with the directions and to the satisfaction of NPU, and at the prices herein agreed upon therefor.

All parts of the work and all fixtures, equipment, apparatus and other items indicated on the Drawings and not mentioned in the Specifications, or vice versa, and all work and material usual and necessary to make the work complete in all its

City of Norwich

16 South Golden Street Contract No.

parts, including all incidental work necessary to make it complete and satisfactory and ready for use and operation, whether or not it is indicated on the Drawings or mentioned in the Specifications, shall be furnished and executed the same as if it is called for both by the Drawings and by the Specifications.

The Contractor shall coordinate its operations with those of any other contractors who may be employed on other work of for NPU, shall avoid interference therewith, and shall cooperate in the arrangements for storage of materials and equipment.

The Contractor shall conduct its work so as to interfere as little as possible with private business and public travel. Wherever and whenever necessary or required it shall maintain fences, furnish watchmen, maintain lights, and take such other precaution as may be necessary to protect life and property.

To the extent provided by law, the Contractor shall indemnify and save harmless NPU and its officers, agents, servants and employees, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, awards, losses, damages, costs and expenses, including attorneys' fees, on account of bodily injury, sickness, disease or death sustained by any person or persons or injury or damage to or destruction of any property, directly or indirectly arising out of, relating to or in connection with the work, whether or not due to or claimed to be due in whole or in part to the active, passive or concurrent negligence or fault of the Contractor, its officers, agents, employees, any of its subcontractors, NPU or any of their respective officers, agents, employees and/or any other person or persons, and whether or not such claims, demands, suits or proceedings are just, unjust, groundless, false or fraudulent; and the Contractor shall and does hereby assume and agrees to pay for the defense of all such claims, demands, suits and proceedings, provided, however, that the Contractor shall not be required to indemnify NPU, its officers, agents, or employees, against any such damages occasioned solely by acts or omissions of NPU other than supervisory acts or omissions of NPU in the work.

The Contractor shall have complete responsibility for the work and the protection thereof, and for preventing injuries to persons and damage to the work and property and utilities on or about the work, until final completion and final acceptance thereof. It shall in no way be relieved of its responsibility by any right of NPU to give permission or directions relating to any part of the work, by any such permission or directions given, or by failure of NPU to give such permission or directions. The Contractor shall bear all costs, expenses, losses and damages on account of the quantity or character of the work or the nature of the land (including but not limited to subsurface conditions) in or under or on which the work is done being different from that indicated or shown in the Contract Documents or from what was estimated or expected, or on account of the weather, elements, or other causes.

The Contractor shall conduct its operations so as not to damage existing structures or work installed either by it or by other contractors. In case of any such damage resulting from its operations, it shall repair and make good as new the damaged portions at its own expense with the consent of the damaged party. In the event that consent is not given, the Contractor shall continue liable for the damage caused.

The Contractor shall be as fully responsible to NPU for the acts and omissions of its subcontractors, their officers, agents, servants and employees as it is for its own acts and omissions and those of its own officers, agents, servants and employees.

Should the Contractor sustain any loss, damage or delay through any act or omission of any other contractor or any subcontractor of any such other contractor, the Contractor shall have no claim against NPU therefor, other than for an extension of time, but shall have recourse solely to such other contractor or subcontractor.

If any other contractor or any subcontractor of any such other contractor shall suffer or claim to have suffered loss, damage or delay by reason of the acts or omissions of the Contractor or of any of its subcontractors, the Contractor agrees to assume the defense against any such claim and to reimburse such other contractor or subcontractor for such loss or damage.

The Contractor agrees to and does hereby indemnify and save harmless NPU from and against any and all claims by such other contractors or subcontractors alleging such loss, damage or delay and from and against any and all claims, demands, suits, proceedings, liabilities, judgments, awards, losses, damages, costs and expenses, including attorneys’ fees, arising out of, relating to or resulting from such claims.

The Contractor shall promptly pay all federal, state and local taxes which may be assessed against it in connection with the work or its operations under this Agreement and/or the other Contract Documents, including, but not limited to, taxes attributable to the purchase of material and equipment, to the performance of services, and the employment of persons in the prosecution of the Work.

7. Supervision of Work: The Contractor shall be solely responsible for supervision of the work, shall give the work the constant attention necessary to ensure the expeditious and orderly progress thereof, and shall cooperate with NPU, its officers, agents or employees in every possible way.

At all times, the Contractor shall have as its agent on the work a competent superintendent capable of reading and thoroughly understanding the Drawings and Specifications, with full authority to execute the directions of the Engineer without delay and to supply promptly such labor, services, materials, equipment, plant, apparatus, appliances, tools, supplies and other items as may be required. Such superintendent shall not be removed from the work without the prior written consent of NPU. If, in the opinion of NPU, the superintendent or any successor proves incompetent, the Contractor shall replace him with another person approved by NPU; such approval, however, shall in no way relieve or diminish the Contractor's responsibility for supervision of the Work.

Whenever the Contractor or its agent or superintendent is not present on any part of the work where it may be necessary to give directions or instructions with respect to such work, such directions or instructions may be given in writing (verbal instructions are not acceptable) by NPU and shall be received and obeyed by the foreman or any other person in charge of the particular work involved.

8. Insurance: The Contractor shall comply with every condition herein. The Contractor shall provide and maintain the insurance coverage set forth below during the term of its agreement with NPU. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. NPU accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor.

Exceptions to the above requirements are subject to the sole discretion of NPU, based on the size and scope of the project and associated risk exposures to NPU.

With reference to the foregoing insurance requirements, Contractor shall agree to or specifically endorse applicable insurance policies as follows:

NPU shall be included as an additional insured with respect to General Liability, Automobile Liability, and if applicable, Pollution Liability and excess/umbrella liability, all on a separate endorsement (s).

The Contractor agrees to waive any right of claim against the NPU, and their employees, agents, and officers for any losses, damages, and expenses arising out of the services in the Agreement between NPU and the Contractor. All insurance required hereunder shall contain waivers of subrogation in favor of NPU and its employees, agents, and officers.

All insurance policies shall be endorsed to the effect that NPU will receive at least thirty (30) days' written notice prior to cancellation or non-renewal of the insurance. Contractor is ultimately responsible for notice of cancellation should its carrier be unable to comply with the above requirement. All insurance policies, which include NPU as an additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the application of other insurance. All insurance policies shall be endorsed to require the insurer to immediately notify NPU of any material change in the insurance coverage that would cause non-compliance with the specific provisions required herein, as well as exhaustion of any aggregate limits.

All liability policies shall contain no cross-liability exclusions or insured versus insured restrictions.

Required limits may be satisfied by any combination of primary and umbrella liability insurances.

Contractor may maintain reasonable and customary deductibles, subject to approval by NPU.

Deductibles/retentions over $100,000 must be declared.

Insurance must be purchased from insurers having a minimum A.M. Best rating of A- / VIII.

Contractual Liability under the General Liability policy must be maintained covering the Contractor’s obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting the required endorsements and insurance coverages according to requirements and instructions contained herein.

A valid Certificate of Insurance verifying each of the coverages required above shall be issued directly to NPU within ten (10) business days after contract award and prior to starting any work by the successful contractor’s insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to NPU, all required endorsements identified above shall be sent to

NPU.

Compliance with Insurance Requirements – Contractor’s obligation to obtain insurance coverage is separate and distinct from Contractor’s obligation to indemnify, hold harmless, and defend pursuant to this Agreement.

Compliance with the requirements of this section shall not relieve the Contractor of its obligations under any indemnity or hold harmless provisions under this Agreement. NPU reserves the right to withhold payments to the Contractor in the event of material non-compliance with the insurance requirements outlined above.

It is agreed that as an independent entity or individual, Contractor is not eligible for employee benefits such as medical, dental, life, disability, workers’ compensation, and related insurance and benefits.

It is agreed that coverage exceeding NPU requirements remains available in the event of a claim.

The following types of insurance shall be provided before starting and until final completion and acceptance of the Work and expiration of the guarantee period provided for in the Agreement.

The limits of liability for insurance required below, shall provide coverage for not less than the following amounts or greater where required by NPU. It is understood that Contractor insurance exceeding required levels, is considered available to NPU depending on the specific circumstances of claims.

A. Workers’ Compensation, Employers’ Liability, and related coverages:

a. State: Statutory

b. Voluntary Compensation Same as State Workers’ (by any exempt entities) Compensation

c. Employer’s Liability:

$1,000,000 Each Accident $1,000,000 Disease, Policy Limit $1,000,000 Disease, Each Employee

d. The policy must contain a waiver of subrogation in favor of NPU, executed by the insurance company.

If there is an exposure of injury to Contractor’s employees under the U.S. Longshoremen’s and Harbor Workers' Compensation Act, the Jones Act or under laws, regulations, or statutes applicable to work on, next to, or above water, coverage shall be included for such injuries or claims.

NPU shall have sole discretion on requiring Workers’ Compensation, Employers’ Liability, and related coverages.

B. Commercial General Liability coverage, including Premises-Operations; Products/Completed Operations;

Broad Form Property Damage:

a. Bodily Injury:

$1,000,000 Each Occurrence $2,000,000 Aggregate

b. Property Damage:

$1,000,000 Each Occurrence $2,000,000 Aggregate

c. Property Damage Liability Insurance shall include coverage for the following hazards:

X (Explosion), C (Collapse), U (Underground)

d. Personal/Advertising Injury, (with Employment Exclusion deleted if applicable):

$1,000,000 Each Occurrence

$2,000,000 Aggregate

e. If General Liability policy includes a General Aggregate, such General Aggregate shall not be less than $2,000,000.

The policy must contain a waiver of subrogation in favor of NPU, executed by the insurance company and shall be endorsed to have General Aggregate apply to this Project only.

C. Commercial Automobile Liability (owned, non-owned, or hired autos):

a. Bodily Injury:

$1,000,000 Each Person $1,000,000 Each Accident

b. Property Damage:

$1,000,000 Each Accident

c. Or Combined Single Limit of $ 1,000,000

D. Professional Liability coverage (if providing professional services):

$1,000,000 per claim $1,000,000 annual aggregate

Professional Liability Coverage shall be maintained for 3 years after completion of the professional services provided.

NPU shall have discretion in determining or increasing the Professional Liability coverage requirement depending on the scope and/or size of the work performed by Contractor.

E. Cyber Liability coverage (if Contractor has direct access to NPU’s network, technology infrastructure, or NPU employee personal identifiable information): $1,000,000 per cyber incident

F. Property Insurance: Contractor shall be responsible for maintaining any and all property insurance on their own equipment and shall require all subcontractors to do likewise.

G. Pollution Liability, if applicable.

If Contractor or its Subcontractors are required to perform pollution or hazardous material operations, or where there are pollution exposures, it must, in addition to the above requirements, carry a "Contractor's Pollution Liability" policy with limits not less than $1,000,000 per occurrence and $1,000,000 aggregate for bodily injury, personal injury and property damage, naming NPU as additional insured. If Contractor or their subcontractors haul, hazardous waste they must carry Automobile Liability insurance with $1,000,000 combined single limit for bodily injury and property damage applicable to all hazardous waste hauling vehicles and include the MCS 90 endorsement.

NPU shall have sole discretion in increasing the Pollution Liability coverage requirements depending on the scope and/or size of the work performed by Contractor.

H. Umbrella/Excess Liability coverage (over commercial general liability, commercial automobile liability, and employer liability):

Minimum Coverage: $2,000,000 per occurrence / $2,000,000 aggregate, Over Primary Insurance.

NPU shall have discretion in determining or increasing the Umbrella/Excess Liability coverage requirements depending on the scope and/or size of the work performed by Contractor.

9. Contract: This Agreement, which includes all the Contract Document elements listed in paragraph 1 above, forms the Contract between the parties identified in the heading of this document. If any provision of the Contract conflicts with any other provision of this Contract, the decision of NPU will be final.

10. Funding and Fiscal Year Appropriations: Authorization to spend for a particular purpose is made on a fiscal year basis. The fiscal year of NPU is the twelve (12) month period ending June 30 of each year.

11. Termination: If Contractor fails to fulfill its obligations, NPU may terminate this Contract by giving written (includes electronic communication) notice to the Contractor at least seven (7) calendar days before the effective date of termination stated in the notice. The notice shall state the circumstances of the alleged breach and may state a period during which the alleged breach may be cured, which cure shall be subject to approval by NPU.

12. Obligations in Event of Termination:

A. Upon termination, all finished or unfinished documents, data, studies, and reports prepared by the Contractor pursuant to this Contract, shall become the property NPU.

B. NPU shall promptly pay the Contractor for all services performed to the effective date of termination, subject to indemnification provisions of Paragraph 5 hereof and subject to offset of sums due the Contractor against sums owed by the Contractor to NPU.

13. Record keeping, Audit, and Inspection of Records: The Contractor shall maintain books, records and other compilations of data pertaining to the requirements of the Contract to the extent and in such detail as shall properly substantiate claims for payment under the Contract. All such records shall be kept for a period of six (6) years or for such longer period as is specified herein. All retention periods start on the first day after final payment under this Contract. If any litigation, claim, negotiation, audit or other action involving the records is commenced prior to the expiration of the applicable retention period, all records shall be retained until completion of the action and resolution of all issues resulting therefrom, or until the end of the applicable retention period, whichever is later. The Federal grantor agency, the State Auditor, NPU, or any of their duly authorized representatives or designees shall have the right at reasonable times and upon reasonable notice, to examine and copy, at reasonable expense, the books, records, and other compilations of data of the Contractor which pertain to the provisions and requirements of this Contract. Such access shall include on-site audits, review, and copying of records.

14. Publicity, Publication, Reproduction and Use of Contract Products or Materials: Unless provided otherwise by law or by NPU, title and possession of all data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for with NPU funds shall vest with NPU at the termination of the Contract. The Contractor shall at all times obtain the prior written approval of NPU before it, any of its officers, agents, employees or subcontractors, either during or after termination of the Contract, makes any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium of communication. If the Contractor, or any of its subcontractors, publishes a work dealing with any aspect of performance under the Contract, or of the results and accomplishments attained in such performance, NPU shall have a royalty-free non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the publication. The Contractor shall use reasonable means to inform the public that NPU provides financial support for its operations and services by explicitly stating on publicity material, stationery, posters and other written materials, and on its premises the following: "This program is supported in part (in full) by NPU.”

15. Assignment by Contractor and Subcontracting: The Contractor shall not assign or in any way transfer any interest in this Contract without the prior written consent of the City, nor shall it subcontract any services without the prior written approval of NPU.

16. Connecticut Law: It is agreed that this contract shall be governed by, construed, and enforced in accordance with the internal laws of the State of Connecticut.

17. Venue: In the event of litigation, the parties do agree to be contractually bound to submit themselves to the personal jurisdiction of the state courts of Connecticut. The venue for any court proceeding shall be in the Superior Court for the Judicial District for Norwich at New London, Connecticut.

18. Waiver of Jury Trial: CONTRACTOR HEREBY EXPRESSLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (1) ARISING UNDER THIS

AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR (2) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO THIS AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE; AND CONTRACTOR HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THE CITY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF CONTRACTOR’S CONSENT TO THE WAIVER OF ITS

RIGHT TO TRIAL BY JURY.

19. Nondiscrimination and affirmative action provisions, nondiscrimination provisions regarding sexual orientation, Executive Order Number Three and guidelines and rules, Executive Order Number Seventeen, Executive Order Number Sixteen, Federal Executive Order Numbers 11246 and 12549, Federal Regulation 2 CFR 200.16, and sexual harassment policy:

For the purposes of this article, the word “contractor” is substituted for and has the same meaning and effect as if it read “Contractor’s name.” Section A of this article is inserted in connection with subsection (a) of § 4a-60 of the General Statutes of Connecticut, as revised. Section E of this article is inserted in connection with subsection (a) of § 4a-60a of the General Statutes of Connecticut, as revised.

A. (1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, sexual orientation, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, or in any manner prohibited by the laws of the United States or of the State of Connecticut. The contractor further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, sexual orientation, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, or in any manner prohibited by the laws of the United States or of the State of Connecticut; (2) the contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the contractor, to state that it is an “affirmative action-equal opportunity employer” in accordance with regulations adopted by the Commission; (3) the contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission advising the labor union or workers’ representative of the contractor’s commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (4) the contractor agrees to comply with each provision of this section and Conn. Gen. Stat. §§ 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to Conn. Gen. Stat. §§ 46a-56, 46a-68e, 46a-68f and 46a-86; (5) the contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the Commission, and permit access to pertinent books, records, and accounts concerning the employment practices and procedures of the contractor as they relate to the provisions of this section and Conn. Gen. Stat. § 46a-56.

B. Any contractor who is party to a municipal public works contract or quasi-public agency project, where any such contract is valued at less than $50,000 for each year of the contract, shall provide the Commission on Human Rights and Opportunities with a written or electronic representation that complies with the nondiscrimination agreement and warranty under subsection (A)(1) above, provided if there is any change in such representation, the contractor shall provide the updated representation to the Commission not later than 30 days after such change. Any contractor who is party to a municipal public works contract or a quasi-public agency project where any such contract is valued at $50,000 or more for any year of the contract, shall provide the Commission with any one of the following: (1) Documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor that complies with the nondiscrimination agreement and warranty under subsection (A)(1) above; (2) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (a) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and the executive director of the Commission on Human Rights and Opportunities or designee certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (A)(1) above; or (3)

Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and warranty under subdivision (A)(1) above and is in effect on the date the affidavit is signed.

C. (1) If the contract is a municipal public works contract or a quasi-public agency project, the Contractor agrees and warrants that s/he will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works project. The contractor shall include the provisions of subdivision (A)

(1) above in every subcontract or purchase order entered into to fulfill any obligation of a public works contract or contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer, unless exempted by regulations or orders of the Commission on Human Rights and Opportunities.

The contractor shall take such action with respect to any such subcontract or purchase order as the Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with Conn. Gen. Stat.