26-46 Occum Hydro Window Replacement IFB.pdf

Invitation for Bid/Proposal

Bid No. 26-46

The Purchasing Agent, City of Norwich, on behalf of Norwich Public Utilities, will receive bids/proposals for window replacement at their Occum Hydro facility until 2:00 P.M. prevailing time on March 30, 2026, at which time they will be opened on the Procurement website and be available to view. All bids are to be submitted via the City of Norwich Procurement Portal at the following website:

City of Norwich Procurement Portal

The bid 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 bidders, prior to submitting their bids, should check the websites to ensure they have received all issued addenda.

Norwich Public Utilities reserves the right to reject and all bids, in whole or in part, to waive minor irregularities in the bidding and to award the bid to other than the low bidder if deemed in the best interest of the City of Norwich.

No Bidder may withdraw its bid within sixty (60) days of the bid 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 designated, qualified low bidder.

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

By submitting a bid 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 bidders must submit bids/proposals through the City Procurement Portal.

Responding bidders 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 bidder 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 https://norwichct.bonfirehub.com/portal/?tab=openOpportunities

INSTRUCTIONS TO BIDDERS

CITY OF NORWICH, CT 06360

Bid Number: 26-46 Occum Dam Window Replacement

The following instructions and specifications shall be observed by all bidders:

1. Time and Place of Bid Opening Bids will be received on March 30, 2026, at 2:00 P.M. online at:

https://norwichct.bonfirehub.com/portal/?tab=openOpportunities No bids will be allowed after the time and date of bid opening.

2. Pre-Bid Meeting – Thursday, March 12 at 10 am. Location-0 Bridge Street in the Occum section of Norwich.

3. Availability of Bid Documents Bidders are advised that all bid documents relative to this project are only available online at the following web address:

https://norwichct.bonfirehub.com/portal/?tab=openOpportunities

4. Bid Addenda

If additional information becomes available or changes are made to the bid documents, an addendum will be issued not later than 3 days prior to the bid opening date. All addenda shall become part of the Contract Documents.

All addenda will be sent via e-mail to those bidders that complete and return the Receipt Acknowledgement for to the Purchasing Department. It is incumbent on the bidder to ensure that it has received all issued addenda by checking the websites listed above. Failure of any bidder to receive any such addendum shall not relieve it of the obligations under its bid as submitted. Certification of receipt of addenda shall be made by the bidder on the proposal.

Notice of any addendum will be posted on the following website:

5. Bid Surety Requirements

A Bid Surety in the amount of five percent (5%) of the total amount bid is required at the time of bid. Bid Surety shall be in the form of a Bid Bond provided by a surety licensed to do business in the State of Connecticut, Certified Check or Bank Check.

FAILURE OF A BIDDER TO PROVIDE THE REQUIRED BID SURETY SHALL RESULT IN REJECTION OF

ITS BID.

6. Bid Instructions

Bids must be submitted to the City of Norwich Procurement portal at:

No bids will be accepted by mail, in person or by email.

All forms and associated documents must be uploaded through the procurement portal.

7. Examination of Site Conditions

Bidders must satisfy themselves by personal examination of the site and location of the proposed work as to the actual conditions and requirements of the work and inform themselves fully of the conditions relating to the construction and labor under which the work will be performed. No claim because of lack of knowledge by the contractor regarding the site, the https://norwichct.bonfirehub.com/portal/?tab=openOpportunities proposed wok or content of the specifications and drawings will be allowed. At the date established for the opening of bids, it will be presumed that each bidder has made an examination of the location and site of the work to be done under this contract and has satisfied itself as to the actual conditions and requirements.

Site examinations can be scheduled by contacting Tony Rizzi at

8. Sales and Use Tax

Bidders are reminded that the Connecticut State Sales and Use Tax and associated Federal taxes are not applicable under this contract, and therefore these taxes are not to be included in the bid price(s).

Under the terms of Connecticut Agencies Regulations §12-426-18, Contractors and Subcontractors, the contractor may purchase materials and supplies as are to be installed or placed in projects being performed under these contracts and will remain in such projects after completion, including tangible personal property that remains tangible personal property after its installation or placement, without payment of the tax and shall not charge any such exempt organization or agency any sales or use tax thereon.

9. Definitions

For the purposes of these documents:

The word “City” means the City of Norwich, CT.

The words “NPU” means Norwich Public Utilities.

The word “Bidder” refers to the party or parties submitting a bid or proposal to perform the work to be done or materials to be furnished.

The word “Contractor” refers to the party or parties contracting to perform the work to be done or materials to be furnished under the Contract; the legal representatives of such party or parties.

10. Project Location

0 Bridge Street in the Occum section of Norwich.

11. Intent The intent of these specifications is to obtain a Contractor that will furnish all labor, supervision, tools, materials and equipment necessary to perform the work of this Bid.

12. Work Schedule

The Contractor shall contact NPU prior to the start of any work associated with this Contract.

No work will be performed at night or on Sundays or legal holidays, except in case of emergency and only to the extent to make the work site safe. The normal work day shall be considered as any eight (8) hour period falling between 7:00 A.M. and 4:00 P.M., Monday through Friday.

Special clearance will be required for work outside these times.

All work under this Contract is to be completed in accordance with the schedule requirements contained in the Site Construction Notes.

13. Evaluation of Prices Submitted

Bids will be compared based on the lump sum submitted for all the windows. Specifications of the windows being proposed should be submitted with the lump sum price.

CT prevailing wages will apply to this contract.

It is the intent of the NPU to make award to the lowest, responsible, qualified bidder (Ref. C. G.

S. §4a-59).

14. Contractor Qualifications

Bidders, if requested, must be able to present satisfactory evidence that they are capable and fully prepared with necessary capital, personnel, materials and equipment to do the work to be contracted under this proposal. It is recommended that contractor’s provide references for similar work performed,

15. Certificate in Good Standing

Any corporation whose bid is being considered for acceptance by the City may be required, if requested, to provide a “Certificate of Good Standing” from the Office of the Secretary of State for Connecticut.

16. Acceptance/Rejection of Bids

The City may reject bids which are incomplete, conditional, obscure, contain additions not called for, erasures or corrections not initialed, or which contain alterations or irregularities of any kind. The City may rightfully waive informalities. The Purchasing Agent reserves the right to reject any or all bids; or the bids for any one or more commodities or contractual services included in any or all bids; and, unless otherwise specified, to buy any part or the whole from one or more bidders when it is in the best interest of the City to do so. The City also reserves the right to reject any or all bids, or to award any bid to other than the low bidder if it is deemed in the best interest of the City to do so.

Determination of the best interest of the City shall include consideration of active or pending civil litigation between the City and any firm (or its subcontractors or suppliers) submitting a bid to the City.

17. Withdrawal of Bid Submitted

Any bid may be withdrawn prior to the designated date and time for receipt of bids. Bids may be withdrawn ninety (90) days after the bid opening if no award has been made by the City. If the City does not award a contract within ninety (90) days after opening of bids, all bids will be null and void, except this time may be extended on mutual agreement of the City and the lowest qualified vendor, as determined by the City.

18. Award/Contract Execution

The firm(s) whose bid(s) has/have been accepted by the City will be required to furnish all insurance certificates in the amounts specified, within 5 days from the date of the notice of award. The firm(s) will also be required to furnish all performance and payment bonds to the City prior to contract signing.

The firm(s) whose bid is accepted will be required to execute a contract, in substantially the form included in the bid documents. Once the contract is executed, the contractor will be issued a Purchase Order and/or a Notice to Proceed.

Contracts valued at less than $25,000.00 may be executed directly via the issuance of a purchase order, at the discretion of the City.

19. Contract Related Documents

The Contractor shall provide the bonds and Certificates of Insurance to the Purchasing Agent. In case of failure or refusal on the part of the bidder to enter into a contract or to furnish the required bonds and/or required certificates of insurance within the set time periods, the bidder shall forfeit to the City of Norwich such part of the bid bond as shall be equal to the difference between the total bid of the defaulting bidder and the total bid of the person or persons with whom the contract is finally executed.

20. Contractor’s and Subcontractors’ Insurance

See section 8, page 3 of the “Contract for Services”.

21. Safety All work done and all equipment used shall comply with all pertinent OSHA, Federal, State and local regulations, laws and ordinances affecting those employed and any affecting the conduct of the work.

Bidders are required to verify they have read NPU’s safety guidelines.

The State of Connecticut and all political subdivisions have adopted a zero tolerance policy for workplace violence. In accordance with Executive Order No. 16 issued by Governor John G.

Rowland, all contractors, subcontractors and vendors must comply with this policy.

22. Personnel Requirements

All work under this contract hall be performed by competent and proficient tradesmen employed by the contractor and under its supervision. Apprentices and helpers may be used, but only under the direct supervision of the job foreman.

23. Subcontractors

The Contractor shall not sublet any portion of the work without written permission from the City. In no case may it be more than forty-nine percent (49%) of the monetary value of the contract. The major units of the work shall be performed by the Contractor. If the Contractor sublets any part of the work, this does not relieve it or the bonding company of their liabilities and obligations to the City. There is no contractual relationship between any subcontractor and the City. The City/NPU deals only with the Contractor; subcontractors are recognized as employees of the Contractor.

24. Freedom of Information

All bids will be made available for public inspection. in accordance with the provisions of Connecticut General Statutes § 1-210, Freedom of Information. Copies of any information resulting from any bid opening are generally not available until a contract has been formally awarded.

25. Non-Collusion

The individual signing this bid hereby declares that no person or persons other than members of its organization are interested in this bid or in the contract proposed to be taken; that it is made without any connection to any other person or persons submitting a bid for the same work and is in all respects fair and without collusion or fraud; that no person acting on behalf of or employed by the City of Norwich is directly or indirectly interested in the supplies or work to which they relate or will receive any part of the profit or any commission therefrom in any manner which is unethical or contrary to the best interests of the City of Norwich.

Scope of Work

1. Mobilization and Site Coordination o Coordination with facility personnel for access and scheduling.

o Protection of adjacent interior spaces, exterior areas, and equipment.

2. Asbestos Abatement o Removal of asbestos-containing glazing materials by properly licensed personnel.

o Full compliance with OSHA, EPA, and Connecticut DEEP requirements.

o Containment, handling, transport, and disposal of asbestos-containing materials at an approved facility.

o Provision of waste manifests and disposal documentation.

3. Demolition and Removal o Removal of existing window units, frames, glazing, and associated components as required.

o Protection of existing masonry and structural elements.

4. Window Furnishing o Furnish new heavy-duty industrial windows constructed of fiberglass, metal, or similar durable material.

o Windows are not required to meet historic preservation standards.

o Window pane quantity and layout shall match existing conditions as shown in the attached interior and exterior photographs.

o Pane layout to be achieved using exterior grids or internal simulated divided lites.

5. Window Installation o Install windows plumb, level, and square within existing openings.

o Proper flashing, sealing, and weatherproofing of all window perimeters.

o Installation shall be suitable for an industrial hydroelectric facility environment.

6. Finishing and Cleanup o Patch and repair disturbed adjacent surfaces as required for a complete installation.

o Final cleaning of glass surfaces.

o Removal of all construction debris from the site.

Quantities and Field Verification

• Window quantities, sizes, and pane configurations are based on existing conditions and the attached photographs.

• Contractor shall verify all field dimensions prior to fabrication.

• Lump Sum price includes all windows shown in the attached photographs.

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:

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

Norwich Public Utilities 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. §46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter; (2) Determination of the contractor’s good faith efforts shall include, but shall not be limited to, the following factors: The contractor’s employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the Commission may prescribe that are designed to ensure the participation of minority business enterprises in public works projects; (3) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the Commission, of its good faith efforts; (4) The contractor agrees to comply with the regulations referred to in this section as they exist on the date of this contract and as they may be adopted or amended from time to time during the term of this contract and any amendments thereto.

D. “Minority business enterprise” means any small contractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise and (3) who are members of a minority, as such term is defined in subsection (a) of Conn. Gen. Stat. §32-9n; and “good faith” means the degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. “Good faith efforts” shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.