Niantic-River-Boardwalk-Decking-Bid-Package.pdf

PROJECT SPECIF ICATIONS

For

Niantic River Boardwalk Deck Replacement

Main Street / Route 156

East Lyme, Connecticut

Daniel R. Cunningham, First Selectman

Bid #2027-001

July, 2026

By

T o w n o f E a s t L y m e E n g i n e e r i n g D e p a r t m e n t

1 0 8 P e n n s y l v a n i a A v e .

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INDEX TO SPECIAL PROVISIONS

Note: This index has been prepared for the convenience of those using this contract with the sole express purpose of providing an overview of documents and locating quickly the information contained herein; and no claims shall arise due to omissions, additions, deletions, etc., as this index shall not be considered part of the contract.

Part 1 – Bid Material Page Invitation to Bid 1.1 Bid Instructions and General Conditions 1.2 – 1.4 Bid Proposal Submission Checklist 1.5 Project References 1.6 Sworn Statement by Successful Bidder 1.7 Non-Collusion Affidavit 1.8 Insurance Requirements 1.9 Bid Proposal Form

Part 2 – State Funded Contract Provisions & Prevailing Wage Rates State Funded Construction Contract Provisions Section 31-53b – Safety and Health Course Statute Informational Bulletin - 10 Hour OSHA Safety and Health Course Notice for all Mason Contractors CT General Statute 31-55a – Prevailing Wages Contracting Agency Certification Form Contractor's Wage Certification Form Payroll Certification - Public Works Projects Occupational Classification Bulletin Connecticut Department of Labor – Footnotes Prevailing Wage Rates

Part 3 – Commission on Human Rights and Opportunities (CHRO) CHRO Notice Good Faith Effort Compliance Important Updates to CHRO State Contract Compliance Requirements

Part 4 – Project Plans and Specifications Project Plans / Specifications Manufacturer’s Specifications

Part 5 – Permits Notice to Contractor – CTDOT Encroachment Permit

PART 1 – BID MATERIAL

BID MATERIAL 1.1

Niantic River Boardwalk Deck Replacement

INVITATION TO BID

Sealed bids for the construction of the following project will be received by the Town of East Lyme, Connecticut at the East Lyme Town Hall Engineering Office, 108 Pennsylvania Avenue, until 2:00 p.m., Thursday, August 20, 2026, after which time they will be publicly opened and read aloud.

The work consists of 558 LF of 10’ wide deck replacement at a boardwalk between Niantic River and Route 156. The Niantic River Boardwalk is approximately 586 LF with a portion of decking already replaced. The bid price shall include all equipment, tools, materials, hardware, traffic control, and labor incidental to the completion of this project.

The Town of East Lyme hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation, and that they will not be discriminated against on the grounds of race, color, national origin or sex, in consideration for this award. This project is subject to prevailing wage rates in accordance with current schedule of wages established by the State Labor Commissioner as provided in the General Statutes of Connecticut, as revised; and contract compliance requirements mandated by Sections 4a-60 and 4a-60a of the Connecticut General Statutes.

Plans, specifications and proposals for the above project may be reviewed under the Finance Department menu at eltownhall.com or at the East Lyme Town Hall Engineering Office. Copies may be obtained for a non-refundable fee of fifty dollars ($20.00) per set.

Questions will be received regarding the bid until Thursday August 13, 2026 in the case that addendum must be prepared and published. Addendums posted on this project & inclusion of the addendums with the bid package may be required. Addendums and notice of requirements will be posted on the Town’s website.

To be on a bidders list email aklose@eltownhall.com. To ensure inclusion on the bidders list for communications related to the bid, request a response email.

A Pre-Bid Site Meeting will occur on Thursday August 6, 2026 at 10 am the Cini Park (22 Main St. / Rt. 156). The Town reserves the right to disqualify any bid from a Contractor not represented at the Pre-Bid Site Meeting.

The Town of East Lyme reserves the right to reject any and all bids.

TOWN OF EAST LYME IS AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER

All qualified applicants will receive consideration and not be discriminated against on the grounds of race, color, religion, sex, national origin, age, or disability.

MBE/WBE & SBE’s are encouraged to bid.

BID MATERIAL 1.2

BID INSTRUCTIONS AND GENERAL CONDITIONS

1. "Town" refers to the Town of East Lyme. "Town Engineer" refers to the Town Engineer or his/her representative. "Contractor" refers to successful bidder (company contracted by Town to perform work under this contract).

2. Each bidder’s proposal shall include, completed in full, Bid Proposal Submission Checklist

(including all required documents on list), and any other specifications pages requiring vendor response shall be enclosed in an envelope which shall be sealed and clearly labeled with the words “Niantic River Boardwalk Deck Replacement, the Bidder’s Name, and the Date and Time of the Bid Opening,” in order to guard against premature opening of the bid.

3. Bids must be made out and signed in the name of the person or business entity which shall perform the work, and if a corporation, it must be fully and properly executed by a person authorized to act on behalf of the corporation.

4. Bids shall be received at the office of the East Lyme Town Engineer at the East Lyme Town Hall, Niantic, Connecticut, until 2:00 p.m., Thursday, August 20, 2026 and then at said office publicly opened and read aloud. The award shall be made at a later date by the Town after review of qualified bidders.

5. Bids may be withdrawn prior to the time set for opening bids, but bids may not be re-filed after they have been withdrawn. Bids received later than the time and date specified shall not be considered.

6. Bidders shall bid the project, with all specifications and conditions as stated in this Project

Specifications and Bid Documentation package to be performed, as a lump sum. The town reserves the right to award the Contract on the base bid cost or with any combination of additional options. The low bidder, for purposes of award shall be the reasonable and responsible bidder offering the lowest cost proposal (base and options, as applicable) within the funds available for the project.

7. The Town of East Lyme reserves the right to reject any or all bids, and to waive informalities or technical defects.

8. Goods and services provided to the Town of East Lyme are exempt from Federal Excise Taxes and the Sale and Use Tax of the State of Connecticut.

9. The successful bidder will be required to furnish both a Performance Bond and a Labor and

Materials Payment Bond each in the full amount of the construction costs. Bonds shall be executed by the successful bidder as principal with a surety satisfactory to the Town.

10. The successful bidder shall secure and maintain such insurance as shall protect him from claims under Workers' Compensation Acts. He/she shall secure and maintain general liability injury, death or property damage, which may arise from the performance of his service under this contract. He/she shall designate the Town and the State of Connecticut as additional named insureds in his/her general liability policy, and shall furnish the Town with proof of coverage which he/her, as part of this contract, must carry. The Contractor and Subcontractors and other interests shall be so named. This policy shall insure against all risks of physical damage except as modified by the Contract Documents and subject to the normal all risk exclusions. The provisions of this paragraph shall apply to and be incorporated into any subcontracts regarding this project between the successful bidder and his/her subcontractors.

BID MATERIAL 1.3

Proof of minimum coverage (certificate) shall be submitted with the bid, see INSURANCE REQUIREMENTS section of this bid package for more information.

11. The Town shall not award this contract unless the Contractor furnishes satisfactory evidence of his/her ability and experience to perform this work and to complete it within the time specified in the contract. As part of this proposal, the Contractor and Subcontractors shall complete the attached Project References, which shall describe similar and successfully completed jobs.

Relevance to the proposed job shall be determined by the Town. The name, address and telephone number of a contact person involved with each of these projects must be included so that they can be contacted prior to executing a contract.

12. The successful bidder must be prepared to execute the contract within ten (10) calendar days after receipt of notice of the award of the contract.

13. After the award notice the Contractor shall provide the East Lyme Engineering Department a construction project schedule showing proposed dates of commencement and completion of each of the various components of work required under this Contract, and a Quality Control Plan with contact information for key members of the Contractor’s team.

14. The successful bidder must be prepared to commence work on October 5, 2026. The approximate project schedule for 2026 is as follows:

i. August 6 10 am Pre-Bid Site Walk

ii. August 13 Questions due by 5pm

iii. August 20 2 pm Bid Opening

iv. August 27 Notice of Award

v. September 9 Contract Signing & Notice to Proceed

vi. October 5 Construction Start

vii. November 18 End of Period of Performance & Contract Close-Out

15. If the contractor is delayed in the completion of the work by changes ordered in the work, or by weather conditions, strikes, lockouts, fire, unusual delay by common carriers or other causes beyond the contractor's control, he shall make a written request for an extension of time within which the contract may be completed. Such request shall be submitted to the Town not less than twenty (20) days before the date on which the work described in the contract is to be completed. Any such extension shall be in writing, and signed by the Town's representative.

16. The Town shall retain an amount equal to five percent (5%) of the final contract price for one year from time of contract completion. This retainage shall serve as a one-year guarantee on all work associated with this contract and shall be used at the Town’s discretion to correct any construction deficiencies which may arise for one year following completion of this contract.

17. If requested by the Contractor, a percentage of the Contract may be paid monthly at the discretion of the Town Engineer to an equivalent percentage of work performed. Upon completion of the project, the contractor shall submit a statement (minus any applicable retainage) for payment which shall be paid within fifteen (15) days after approval by the First Selectman or his/her agent and following receipt of all lien waivers (as applicable). Acceptance of such payment by the contractor shall constitute a release of all claims against the Town arising under or by virtue of this contract except such claims, if any, as may be specifically exempted from the operations of the release by the contractor in his statement for payment.

BID MATERIAL 1.4

18. Prior to final payment, the contractor shall provide the Town with lien waivers verifying payment to all subcontractors for amounts due, whether for labor performed or materials furnished, when either is associated with this contract.

19. The General Contractor shall include in each of its subcontracts a provision requiring each subcontractor to pay any amounts due any of its subcontractors, whether for labor performed or materials furnished, within 30 days after such labor performed or for materials furnished.

20. The Town Engineering Department, or their representatives shall perform all construction inspections. The contractor is to notify the Town Engineer of any discrepancies as they arise and proceed as agreed upon.

21. The Town Engineering Department must be given 72 hours notice to complete inspections.

Notice applies to consecutive Town recognized workdays. Inspectors are not available outside of Town Hall hours, on weekends or Town approved holidays unless agreed upon in advance.

Activities requiring Town inspections (i.e. steel driving, concrete pours, backfilling, paving etc.)

must be accomplished when inspectors are available. It is the contractor’s responsibility to verify holidays and no-inspection coverage ahead of time.

22. The contractor agrees that the Town may make changes to the plans for the work that may be deemed necessary during the progress of work. The Town may also change the amount of work to be performed under this contract without invalidating this contract. If any such changes are made, they shall be made by written change order signed by the Town's representative.

23. The contractor is responsible for horizontal and vertical control & layout as required.

24. Unless otherwise indicated in this Bid Document, "Description," "Materials," & "Construction

Methods," for all items shall conform to Form 819 or latest revision "State of Connecticut Department of Transportation, Standard Specifications for Roads, Bridges and Incidental Construction”.

25. The Contractor is responsible for locating all underground utilities by notifying "Call Before You

Dig" in compliance with Public Act 77-350 and 81-146.

26. The Contractor is responsible for maintenance and protection of traffic. Should a dangerous or potentially unsafe condition arise affecting pedestrian or vehicular traffic, the Contractor shall immediately stop the project, make every reasonable effort to correct the situation, and notify the Town Engineer or the police if warranted.

27. Should the possibility of irreparable damage to the dam and/or a breach occur, the Contractor shall immediately stop the project, make every reasonable effort to correct the situation, and notify the Town Engineer or the police if warranted.

28. The Contractor shall assume all liability for claims resulting from damage or injury associated with this project including the maintenance and protection of traffic.

29. The successful bidder shall indemnify and hold harmless the Town against any liability arising out of negligent acts, errors, or omissions of the bidder, his employees or agents.

END OF INSTRUCTIONS AND GENERAL CONDITIONS

BID MATERIAL 1.5

BID PROPOSAL SUBMISSION CHECKLIST

The following is a checklist of required documents to be completed, included and submitted to the East Lyme Engineering Department as part of the Bidder’s proposal:

❑ PROJECT REFERENCES

❑ NON-COLLUSION AFFIDAVIT

❑ PROOF OF INSURANCE (CERTIFICATE)

❑ BID PROPOSAL FORM(S)

BID MATERIAL 1.6

PROJECT REFERENCES

Name and Contact Information: Project Description:

(Please attach additional sheets if necessary.)

BID MATERIAL 1.7

SWORN STATEMENT BY SUCCESSFUL BIDDER

Title 23. United States Code, Section 112 (f)

Each bidder shall file a statement executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid non-responsive and not eligible for award consideration.

BID MATERIAL 1.8

NON-COLLUSION AFFIDAVIT

This entire document must be completed, notarized and attached to your bid proposal. Failure to do so will result in the rejection of your Bid. A separate affidavit must be submitted by each principal of a Joint Venture.

TOWN OF EAST LYME

Bid Proposal, Niantic River Boardwalk Deck Replacement

I, _____________________________________________, acting in behalf of

(Name of Person Signing Affidavit)

___________________________________________________ of which I am (the) (a)

(Name of Bidder i.e. Person or Organization)

_________________________, submitting a bid for the above project, certify and affirm in accordance

(Title) with Part 635.112 of Title 23, U.S. Code of Federal Regulations, that the

_______________________________________________________ has neither directly or indirectly entered into any agreements, participated in any collusion nor otherwise taken any action in restraint of free competitive bidding in connection with such bid. False statement made herein may be the subject of criminal prosecution.

(Signature and Title of Official)

Subscribed and sworn to before me, this ________ day of _________________________, __________ .

Notary Public/Commissioner of the Superior Court

My Commission Expires ___________________________________________ .

Certificate of Authority

I, ______________________________, certify that I am (the) (a) __________________________ of the

(Name) (Title) organization named in the foregoing instrument; that I have the authority to affix the seal of the Organization to such papers that require the seal; that ____________________________, who signed said

(Name) instrument on behalf of the Organization was then (the) (a) _____________________________________

(Title) of said Organization; that said instrument was duly signed for and in behalf of said Organization by authority of its governing body and is within the scope of its organizational powers.

_________________________________ (Corporate Seal, if applicable)

Signature of Certifying Person

The person signing the Certificate of Authority portion of this form cannot execute the upper portion of this Affidavit.

BID MATERIAL 1.9

INSURANCE REQUIREMENTS

The successful bidder shall secure and maintain general liability insurance covering injury, death and/or property damage which may arise from performance of work under this contract in the amount of at least:

1. Commercial General Liability:

• General Aggregate: $2,000,000

• Products/Completed Operations Aggregate: $2,000,000

• Each Occurrence: $1,000,000

2. Automobile Liability:

• Each Accident: $1,000,000

3. Excess (umbrella Liability) Liability: $5,000,000

4. Workers’ Compensation and Employer’s Liability:

• Statutory Workers Compensation

• $1,000,000 each accident / $1,000,000 disease-policy limit / $1,000,000 disease-each employee

The Contractor shall designate the Town of East Lyme and the State of Connecticut as additional insureds for general liability and products-completed operations hazard, auto liability, excess liability, employer’s liability, professional liability, and pollution liability. The successful bidder shall furnish the Town with proof of the required insurance and coverage limits. The provisions of these requirements shall apply to and be incorporated into any subcontracts regarding this project between the successful bidder and his subcontractors.

INDEMNIFICATION

The Contractor shall indemnify and hold harmless the Town against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the Town and shall defend suits, actions or proceedings of any kind or nature including workmen’s compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the operations of the contractor. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the contract. The Contractor shall procure and maintain, at his own cost and expense, any additional kinds and amount of insurance which in his own judgment, may be necessary for his proper protection in the execution of his work. The Contractor agrees to well and truly save and indemnify and hold harmless the Town of East Lyme against all liability, judgments, costs and expenses which may in any way come against the Town or which may in any way result from carelessness, omission or neglect of the Contractor or its agent, employees or workmen in any way arising or resulting from the operation in connection herewith.

In addition to the Contractor’s obligation to indemnify the Town, the Contractor specifically acknowledges and agrees that it has an immediate and independent obligation to defend the Town from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent; such obligation arises at the time such claim is given to the Contractor by the Town and continues at all times thereafter through disposition of the claim. The Contractor’s insurance policies will respond on a primary and noncontributory basis; that they are primary and will not seek contribution from any other insurance available to the additional insured. The Contractor waives their right to recovery and waives their right to subrogate in favor of the Town of East Lyme.

PART 2 – STATE FUNDED CONTRACT PROVISIONS

& PREVAILING WAGE RATES

June 2024

Index

Construction Contracts - Required Contract Provisions (State Funded Only Contracts)

1. Specific Equal Employment Opportunity Responsibilities

2. Contract Wage Rates

3. Americans with Disabilities Act of 1990, as Amended

4. Connecticut Statutory Labor Requirements

a. Construction, Alteration or Repair of Public Works Projects; Wage Rates

b. Debarment List - Limitation on Awarding Contracts

c. Construction Safety and Health Course

d. Awarding of Contracts to Occupational Safety and Health Law Violators Prohibited

e. Residents Preference in Work on Other Public Facilities (Not Applicable to

Federal Aid Contracts)

5. Tax Liability - Contractor’s Exempt Purchase Certificate (CERT – 141)

6. Executive Orders (State of CT)

7. Non-Discrimination Requirement and Certification (pursuant to section 4a-60 and 4a-60a of the Connecticut General Statutes, as revised)

8. Whistleblower Provision

9. Connecticut Freedom of Information Act

a. Disclosure of Records

b. Confidential Information

10. Service of Process

11. Substitution of Securities for Retainages on State Contracts and Subcontracts

12. Health Insurance Portability and Accountability Act of 1996 (HIPAA)

13. Forum and Choice of Law

14. Summary of State Ethics Laws

15. Audit and Inspection of Plants, Places of Business and Records

16. Campaign Contribution Restriction

17. Tangible Personal Property

18. Bid Rigging and/or Fraud – Notice to Contractor

19. Consulting Agreements Representation

20. Sovereign Immunity

21. Large State Contract Representation for Contractor

22. Large State Contract Representation for Official or Employee of State Agency

23. Iran Investment Energy Certification

24. Access to Contract and State Data

25. Affirmative Action Policy Statement

26. Compliance with Consumer Data Privacy and Online Monitoring

Index of Exhibits

EXHIBIT A - Specific Equal Employment Opportunity Responsibilities (page 16)

EXHIBIT B - Affirmative Action Policy Statement (page 26)

EXHIBIT C - Health Insurance Portability and Accountability Act of 1996 (HIPAA) (page 30)

EXHIBIT D - State Wage Rates and Other Related Information (page 38)

1. Specific Equal Employment Opportunity Responsibilities

The Contractor shall comply with the Specific Equal Employment Opportunity requirements, as applicable, attached at Exhibit A and hereby made part of this Contract.

2. Contract Wage Rates

The Contractor shall comply with:

The State wage rate requirements indicated in Exhibit D hereof are hereby made part of this

Contract.

Prevailing Wages for Work on State Highways; Annual Adjustments. With respect to contracts for work on state highways and bridges on state highways, the Contractor shall comply with the provisions of Section 31-54 and 31-55a of the Connecticut General Statutes, as revised.

As required by section 1.05.12 (Payrolls) of the State of Connecticut, Department of

Transportation’s Standard Specification for Roads, Bridges and Incidental Construction

(FORM 818), as may be revised, every Contractor or subcontractor performing project work on a federal aid project is required to post the relevant prevailing wage rates as determined by the United States Secretary of Labor. The wage rate determinations shall be posted in prominent and easily accessible places at the work site.

3. Americans with Disabilities Act of 1990, as Amended

This provision applies to those Contractors who are or will be responsible for compliance with the terms of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 et seq.), (Act), during the term of the Contract. The Contractor represents that it is familiar with the terms of this Act and that it is in compliance with the Act. Failure of the Contractor to satisfy this standard as the same applies to performance under this Contract, either now or during the term of the Contract as it may be amended, will render the Contract voidable at the option of the State upon notice to the contractor. The Contractor warrants that it will hold the

State harmless and indemnify the State from any liability which may be imposed upon the

State as a result of any failure of the Contractor to be in compliance with this Act, as the same applies to performance under this Contract.

4. Connecticut Statutory Labor Requirements

(a) Construction, Alteration or Repair of Public Works Projects; Wage Rates.

The Contractor shall comply with Section 31-53 of the Connecticut General Statutes, as revised. The wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker on the work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (i) of section 31-53 of the

Connecticut General Statutes, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the town in which such public works project is being constructed. Any contractor who is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person’s wages the amount of payment or contribution for such person’s classification on each pay day.

(b) Debarment List. Limitation on Awarding Contracts. The Contractor shall comply with Section 3l-53a of the Connecticut General Statutes, as revised.

(c) Construction Safety and Health Course. The Contractor shall comply with section

31-53b of the Connecticut General Statutes, as revised. The contractor shall furnish proof to the Labor Commissioner with the weekly certified payroll form for the first week each employee begins work on such project that any person performing the work of a mechanic, laborer or worker pursuant to the classifications of labor under section 31-53 of the

Connecticut General Statutes, as revised, on such public works project, pursuant to such contract, has completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration or, has completed a new miner training program approved by the Federal Mine Safety and Health

Administration in accordance with 30 CFR 48 or, in the case of telecommunications employees, has completed at least ten hours of training in accordance with 29 CFR

1910.268.

Any employee required to complete a construction safety and health course as required that has not completed the course, shall have a maximum of fourteen (14) days to complete the course. If the employee has not been brought into compliance, they shall be removed from the project until such time as they have completed the required training.

Any costs associated with this notice shall be included in the general cost of the contract. In addition, there shall be no time granted to the contractor for compliance with this notice. The contractor’s compliance with this notice and any associated regulations shall not be grounds for claims as outlined in Section 1.11 – “Claims”.

(d) Awarding of Contracts to Occupational Safety and Health Law Violators

Prohibited. The Contract is subject to Section 31-57b of the Connecticut General

Statutes, as revised.

(e) Residents Preference in Work on Other Public Facilities. NOT APPLICABLE

TO FEDERAL AID CONTRACTS. Pursuant to Section 31-52a of the Connecticut

General Statutes, as revised, in the employment of mechanics, laborers or workmen to perform the work specified herein, preference shall be given to residents of the state who are, and continuously for at least six months prior to the date hereof have been, residents of this state, and if no such person is available, then to residents of other states.

5. Tax Liability - Contractor’s Exempt Purchase Certificate (CERT – 141)

The Contractor shall comply with Chapter 219 of the Connecticut General Statutes pertaining to tangible personal property or services rendered that is/are subject to sales tax.

The Contractor is responsible for determining its tax liability. If the Contractor purchases materials or supplies pursuant to the Connecticut Department of Revenue Services’

"Contractor’s Exempt Purchase Certificate (CERT-141)," as may be revised, the Contractor acknowledges and agrees that title to such materials and supplies installed or placed in the project will vest in the State simultaneously with passage of title from the retailers or vendors thereof, and the Contractor will have no property rights in the materials and supplies purchased.

Forms and instructions are available anytime by: Internet: Visit the DRS website at www.ct.gov/DRS to download and print Connecticut tax forms; or Telephone: Call 1-800-

382- 9463 (Connecticut calls outside the Greater Hartford calling area only) and select

Option 2 or call 860-297-4753 (from anywhere).

6. Executive Orders and Other Enactments

(a) All references in this Contract to any Federal, State, or local law, statute, public or special act, executive order, ordinance, regulation or code (collectively, “Enactments”) shall mean Enactments that apply to the Contract at any time during its term, or that may be made applicable to the Contract during its term.

This Contract shall always be read and interpreted in accordance with the latest applicable wording and requirements of the Enactments. Unless otherwise provided by Enactments, the Contractor is not relieved of its obligation to perform under this Contract if it chooses to contest the applicability of the

Enactments or the Client Agency’s authority to require compliance with the

Enactments.

(b) This Contract is subject to the provisions of Executive Order No. Three of

Governor Thomas J. Meskill, promulgated June 16, 1971, concerning labor employment practices, Executive Order No. Seventeen of Governor Thomas J.

Meskill, promulgated February 15, 1973, concerning the listing of employment openings and Executive Order No. Sixteen of Governor John G. Rowland promulgated August 4, 1999, concerning violence in the workplace, all of which are incorporated into and are made a part of this Contract as if they had been fully set forth in it.

(c) This Contract may be subject to (1) Executive Order No. 14 of Governor M.

Jodi Rell, promulgated April 17, 2006, concerning procurement of cleaning products and services; and (2) Executive Order No. 61 of Governor Dannel P.

Malloy promulgated December 13, 2017, concerning the Policy for the

Management of State Information Technology Projects, as issued by the

Office of Policy and Management, Policy ID IT-SDLC-17-04. If any of the

Executive Orders referenced in this subsection is applicable, it is deemed to be incorporated into and made a part of this Contract as if fully set forth in it.

7. Non-Discrimination

(a) For purposes of this Section, the following terms are defined as follows:

i. "Commission" means the Commission on Human Rights and Opportunities;

http://www.ct.gov/DRS

ii. "Contract" and “contract” include any extension or modification of the

Contract or contract;

iii. "Contractor" and “contractor” include any successors or assigns of the

Contractor or contractor;

iv. "Gender identity or expression" means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender- related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose;

v. “good faith" means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations;

vi. "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;

vii. "marital status" means being single, married as recognized by the state of

Connecticut, widowed, separated or divorced;

viii. "mental disability" means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and

Statistical Manual of Mental Disorders", or a record of or regarding a person as having one or more such disorders;

ix. "minority business enterprise" means any small contractor or supplier of materials fifty- one percent 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

Connecticut General Statutes § 32- 9n; and

x. "public works contract" means any agreement between any individual, firm or corporation and the State or any political subdivision of the State other than a municipality for construction, rehabilitation, conversion, extension, demolition or repair of a public building, highway or other changes or improvements in real property, or which is financed in whole or in part by the State, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees.

For purposes of this Section, the terms “Contract” and “contract” do not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a municipal public works contract or quasi-public agency project contract, (2) any other state, including but not limited to any federally recognized Indian tribal governments, as defined in C.G.S. § 1-267, (3) the federal government, (4) a foreign government, or (5) an agency of a subdivision, state or government described in the immediately preceding enumerated items (1), (2), (3),or (4).

(b) (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, status as a veteran, status as a victim of domestic violence, 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, in any manner prohibited by the laws of the United States or of the State of Connecticut; and the Contractor further agrees to take affirmative action to ensure 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, status as a veteran, status as a victim of domestic violence, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by the Contractor that such disability prevents performance of the work involved;

(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 the Contractor has a collective bargaining Agreement or other contract or understanding and each vendor with which the 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 Connecticut General Statutes §§ 46a-68e and 46a-68f and with each regulation or relevant order issued by said Commission pursuant to Connecticut General Statutes

§§ 46a-56, 46a-68e and 46a-68f; and (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 relate to the provisions of this Section and

Connecticut General Statutes § 46a-56. If the contract is a public works contract, the

Contractor agrees and warrants that he will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works projects.

(c) 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.

(d) The Contractor shall develop and maintain adequate documentation, in a manner prescribed by the Commission, of its good faith efforts.

(e) The Contractor shall include the provisions of subsection (b) of this Section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the State and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission. 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 Connecticut General Statutes §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, 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.

(f) 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.

(g) (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 sexual orientation, in any manner prohibited by the laws of the

United States or the State of Connecticut, and that employees are treated when employed without regard to their sexual orientation; (2) 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 on

Human Rights and Opportunities 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;

(3) the Contractor agrees to comply with each provision of this section and with each regulation or relevant order issued by said Commission pursuant to Connecticut General

Statutes § 46a-56; and (4) 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 which relate to the provisions of this Section and

Connecticut General Statutes § 46a-56.

(h) The Contractor shall include the provisions of the foregoing paragraph in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the State and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission. 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 Connecticut General Statutes § 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, 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.

(i) Pursuant to subsection (c) of section 4a-60 and subsection (b) of section 4a-60a of the

Connecticut General Statutes, the Contractor, for itself and its authorized signatory of this Contract, affirms that it understands the obligations of this section and thatit will maintain a policy for the duration of the Contract to assure that the Contract will be performed in compliance with the nondiscrimination requirements of such sections.

The Contractor and its authorized signatory of this Contract demonstrate their understanding of this obligation by (A) having provided an affirmative response in the required online bid or response to a proposal question which asks if the contractor understands its obligations under such sections, (B) signing this Contract, or (C) initialing this nondiscrimination affirmation in the following box:

8. Whistleblower Provision

The following clause is applicable if the Contract has a value of Five Million Dollars

($5,000,000) or more.

Whistleblowing. This Contract may be subject to the provisions of Section 4-61dd of the Connecticut General Statutes. In accordance with this statute, if an officer, employee or appointing authority of the Contractor takes or threatens to take any personnel action against any employee of the Contractor in retaliation for such employee's disclosure of information to any employee of the contracting state or quasi-public agency or the Auditors of Public Accounts or the Attorney General under the provisions of subsection (a) of such statute, the Contractor shall be liable for a civil penalty of not more than five thousand dollars for each offense, up to a maximum of twenty per cent of the value of this Contract.

Each violation shall be a separate and distinct offense and in the case of a continuing violation, each calendar day's continuance of the violation shall be deemed to be a separate and distinct offense. The State may request that the Attorney General bring a civil action in the Superior Court for the Judicial District of Hartford to seek imposition and recovery of such civil penalty. In accordance with subsection (f) of such statute, each large state contractor, as defined in the statute, shall post a notice of the provisions of the statute relating to large state contractors in a conspicuous place which is readily available for viewing by the employees of the Contractor.

9. Connecticut Freedom of Information Act

(a) Disclosure of Records. This Contract may be subject to the provisions of section

1-218 of the Connecticut General Statutes. In accordance with this statute, each contract in excess of two million five hundred thousand dollars between a public agency and a person for the performance of a governmental function shall (a) provide that the public agency is entitled to receive a copy of records and files related to the performance of the governmental function, and (b) indicate that such records and files are subject to FOIA and may be disclosed by the public agency pursuant to FOIA. No request to inspect or copy such records or files shall be valid unless the request is made to the public agency in accordance with FOIA. Any complaint by a person who is denied the right to inspect or copy such records or files shall be brought to the Freedom of Information Commission in accordance with the provisions of sections 1-205 and 1-206 of the Connecticut General

Statutes.

(b) Confidential Information. The State will afford due regard to the Contractor’s request for the protection of proprietary or confidential information which the

State receives from the Contractor. However, all materials associated with the

Contract are subject to the terms of the FOIA and all corresponding rules, regulations and interpretations. In making such a request, the Contractor may not merely state generally that the materials are proprietary or confidential in nature and not, therefore, subject to release to third parties. Those particular sentences, paragraphs, pages or sections that the Contractor believes are exempt from disclosure under the FOIA must be specifically identified as such. Convincing explanation and rationale sufficient to justify each exemption consistent with the

FOIA must accompany the request. The rationale and explanation must be stated in terms of the prospective harm to the competitive position of the Contractor that would result if the identified material were to be released and the reasons why the materials are legally exempt from release pursuant to the FOIA. To the extent that any other provision or part of the Contract conflicts or is in any way inconsistent with this section, this section controls and shall apply, and the conflicting provision or part shall not be given effect. If the Contractor indicates that certain documentation is submitted in confidence, by specifically and clearly marking the documentation as “CONFIDENTIAL,” DOT will first review the Contractor’s claim for consistency with the FOIA (that is, review that the documentation is actually a trade secret or commercial or financial information and not required by statute), and if determined to be consistent, will endeavor to keep such information confidential to the extent permitted by law. See, e.g., Conn. Gen. Stat. §1-

210(b)(5) (A-B). The State, however, has no obligation to initiate, prosecute or defend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of any information that is sought pursuant to a FOIA request.

Should the State withhold such documentation from a Freedom of Information requester and a complaint be brought to the Freedom of Information Commission, the Contractor shall have the burden of cooperating with DOT in defense of that action and in terms of establishing the availability of any FOIA exemption in any proceeding where it is an issue. In no event shall the State have any liability for the disclosure of any documents or information in its possession which the State believes are required to be disclosed pursuant to the FOIA or other law.

10. Service of Process

The Contractor, if not a resident of the State of Connecticut, or, in the case of a partnership, the partners, if not residents, hereby appoints the Secretary of State of the State of

Connecticut, and his successors in office, as agent for service of process for any action arising out of or as a result of this Contract; such appointment to be in effect throughout the life of this Contract and six (6) years thereafter.

11. Substitution of Securities for Retainages on State Contracts and Subcontracts

This Contract is subject to the provisions of Section 3-ll2a of the General Statutes of the State of Connecticut, as revised.

12. Health Insurance Portability and Accountability Act of 1996 (HIPAA)

The Contractor shall comply, if applicable, with the Health Insurance Portability and

Accountability Act of 1996 and, pursuant thereto, the provisions attached at Exhibit B, and hereby made part of this Contract.

13. Forum and Choice of Law

Forum and Choice of Law. The parties deem the Contract to have been made in the City of Hartford, State of Connecticut. Both parties agree that it is fair and reasonable for the validity and construction of the Contract to be, and it shall be, governed by the laws and court decisions of the State of Connecticut, without giving effect to its principles of conflicts of laws.