norwich public utilities - connecticutnorwich public utilities city of norwich, connecticut _____...

NORWICH PUBLIC UTILITIESCITY OF NORWICH, CONNECTICUT

____________

PROJECT MANUALFOR

Stony Brook Water Treatment PlantDissolved Air Flotation Clarification System

Norwich, Connecticut

Volume I of II Division 0 - Division 7

BID DATE: _______

sistareecText Box08/31/2018

© 2018 CDM Smith 96538-221206

All Rights Reserved 5/23/2018

NPU DAF Improvements Table of Contents - 1

TABLE OF CONTENTS

No. of

Section Pages

BIDDING AND CONTRACT REQUIREMENTS

00020 Invitation to Bid ....................................................................................................... 3

00100 Instructions to Bidders ............................................................................................. 8

00300 Bid Form .................................................................................................................. 5

00410 Bid Bond .................................................................................................................. 2

00420 Department of Administrative Services (DAS) Update (Bid) Statement ................. 2

00430 Affidavit of Non-Collusion ...................................................................................... 2

00500 Agreement ................................................................................................................ 8

00610 Performance Bond .................................................................................................... 3

00615 Payment Bond .......................................................................................................... 3

00700 General Conditions................................................................................................... 62

00800 Supplementary Conditions ....................................................................................... 34

00801 NPU Standard Bid and Contract Terms and Conditions .......................................... 4

00820 DEEP Required Construction Provisions – Part 1 (22a – 482) ................................ 22

00830 Wage Schedules and Prevailing Wage Rates ........................................................... 39

00840 Minority Business Enterprise and Women’s Business Enterprise .......................... 10

00850 Disadvantage Business Enterprise (DBE) Subcontractor Verification Form ..... 6 00852 DWSRF Signage Guidelines and Certification Form .............................................. 4

DIVISION 1 GENERAL REQUIREMENTS

01010 Summary of Work .................................................................................................... 3

01025 Measurement and Payment ...................................................................................... 6

01026 Applications for Payment ......................................................................................... 4

01035 Modification Procedures .......................................................................................... 9

01045 Cutting, Coring and Patching ................................................................................... 6

01046 Control of Work ....................................................................................................... 3

01050 Field Surveying and Project Controls ...................................................................... 3

01110 Environmental Protection Procedures ...................................................................... 5

01170 Special Provisions .................................................................................................... 5

01171 Electric Motors to 250HP......................................................................................... 12

01172 Pipe Penetrations ...................................................................................................... 2

01174 Pulse Width Variable Frequency Drive (Low Volt) ................................................ 14

01300 Submittals ................................................................................................................. 14

01311 Construction Scheduling .......................................................................................... 9

01370 Schedule of Values ................................................................................................... 3

01445 Pipeline Testing and Cleaning ................................................................................. 3

01500 Temporary Facilities ................................................................................................ 7

01600 Delivery, Storage and Handling ............................................................................... 2

01665 Equipment Testing and Startup ................................................................................ 7

01700 Contract Closeout ..................................................................................................... 2

01710 Cleaning ................................................................................................................... 2

01720 Project Record Documents ....................................................................................... 4

01730 Operation and Maintenance Data ............................................................................. 7

01740 Warranties and Bonds .............................................................................................. 3

© 2018 CDM Smith 96538-221206



TABLE OF CONTENTS

No. of

Section Pages

01810 Maintenance of Plant Operation and Sequence of Construction .............................. 4

DIVISION 2 SITEWORK

02050 Demolition and Modifications ................................................................................. 6

02100 Site Preparation ........................................................................................................ 3

02140 Dewatering and Drainage ......................................................................................... 6

02200 Earthwork ................................................................................................................. 16

02213 Rock and Boulder Excavation .................................................................................. 3

02230 Granular Materials ................................................................................................... 5

02270 Erosion and Sedimentation Control ......................................................................... 4

02311 Evacuation Support and Protection .......................................................................... 9

02495 Geotechnical Instrumentation .................................................................................. 15

02575 Asphalt Paving and Appurtenances ......................................................................... 4

02605 Precast Concrete Manholes and Structures .............................................................. 11

02616 Ductile Iron Pipe and Fittings .................................................................................. 12

02622 Polyvinyl Chloride (PVC) Pipe and Fittings ............................................................ 7

02640 Valves, Hydrants and Appurtenances ...................................................................... 12

02830 Chain Link Fence ..................................................................................................... 6

02851 Segmental Block Retaining Wall ............................................................................ 8

02901 Miscellaneous Work and Cleanup ........................................................................... 3

02930 Loaming and Seeding ............................................................................................... 6

DIVISION 3 CONCRETE

03100 Concrete Formwork ................................................................................................. 5

03200 Concrete Reinforcement........................................................................................... 5

03250 Concrete Joints and Joints Accessories .................................................................... 3

03300 Cast-In-Place Concrete............................................................................................. 20

03350 Concrete Finishes ..................................................................................................... 5

03390 Under Slab Vapor Retarders .................................................................................... 3

03600 Grout ........................................................................................................................ 6

03740 Modifications to Existing Concrete ......................................................................... 7

03800 Concrete Electrical Raceway Encasement ............................................................... 2

DIVISION 4 04200 Unit Masonry ........................................................................................................... 12 DIVISION 5 METALS

05500 Miscellaneous Metal ................................................................................................ 16

DIVISION 6 WOOD AND PLASTICS

06105 Miscellaneous Rough Carpentry .............................................................................. 6

© 2018 CDM Smith 96538-221206



TABLE OF CONTENTS

No. of

Section Pages

DIVISION 7 THERMAL AND MOISTURE PROTECTION

07110 Bituminous Dampproofing....................................................................................... 4 07210 Thermal Insulation ................................................................................................... 3

07530 EPDM Roofing ........................................................................................................ 14 07710 Roof Specialties ....................................................................................................... 7 07725 Snow Guards ............................................................................................................ 4

07840 Joint Firestopping ..................................................................................................... 6 07845 Penetration Firestopping .......................................................................................... 8 07920 Joint Sealants ........................................................................................................... 6 07951 Exterior Expansion Joint Cover Assemblies ............................................................ 5

DIVISION 8 DOORS AND WINDOWS – START OF VOLUME II 08110 Hollow Metal Doors and Frames ............................................................................. 7 08361 Sectional Overhead Doors ........................................................................................ 11 08710 Door Hardware ........................................................................................................ 15 DIVISION 9 FINISHES 09001 Prime Painting ......................................................................................................... 3 09216 Gypsum Board Shaft Wall Assemblies .................................................................... 4 09902 Painting .................................................................................................................... 14

DIVISION 10 SPECIALTIES

10200 Fixed Louvers .......................................................................................................... 7

10440 Fire Extinguishers .................................................................................................... 3

DIVISION 11 EQUIPMENT

11242 Chemical Metering Pumps ....................................................................................... 10 11243 Polymer Feed System ............................................................................................... 5 11246 Crosslinked Polyethylene Chemical Tank ............................................................... 6 11304 Prefabricated Submersible Pumping Station ............................................................ 19 11306 Submersible Solids Handling Pumps ....................................................................... 14

DIVISION 12 (NOT USED)

DIVISION 13 SPECIAL CONSTRUCTION

13125 Metal Building Systems ........................................................................................... 30 13221 Filter Restoration ...................................................................................................... 5

13226 Filter Media ............................................................................................................. 6

13300 Instrumentation and Controls ................................................................................... 115

13400 Dissolved Air Flotation System – General .............................................................. 15

13410 Dissolved Air Flotation Units ................................................................................. 13

13425 Propane Fuel Systems ............................................................................................. 8

© 2018 CDM Smith 96538-221206



TABLE OF CONTENTS

No. of

Section Pages

DIVISION 14 (NOT USED)

DIVISION 15 MECHANICAL

15051 Piping - General Requirements ................................................................................ 12 15063 Copper Piping and Tubing ....................................................................................... 5 15064 Plastic Pipe and Fittings ........................................................................................... 6 15066 Stainless Steel Pipe and Fittings .............................................................................. 8 15072 Ductile Iron Pipe and Fittings .................................................................................. 8 15100 Valves and Appurtenances ...................................................................................... 14 15140 Pipe Hangers and Supports ...................................................................................... 12

15400 Plumbing – General Provisions ................................................................................ 9

15410 Plumbing – Piping Systems ..................................................................................... 14

15450 Plumbing – Equipment ............................................................................................. 5

15500 HVAC ...................................................................................................................... 37

DIVISION 16 ELECTRICAL

16000 Electrical - General Provisions ................................................................................. 21 16015 Electrical Systems Analysis ..................................................................................... 14 16110 Raceways, Boxes, Fittings and Supports ................................................................. 16 16120 Wires and Cables (600 Volt maximum) ................................................................... 9 16141 Wiring Devices ........................................................................................................ 6 16191 Miscellaneous Equipment ........................................................................................ 12

16470 Panelboards .............................................................................................................. 4

16471 Panelboard Modifications ........................................................................................ 2

16484 Motor Control Center Modifications ....................................................................... 6 16500 Lighting System ....................................................................................................... 3 16502 Lightning Protection System .................................................................................... 3

16600 Underground System ................................................................................................ 5

16660 Grounding System .................................................................................................... 4 16720 Fire Alarm Addressable ........................................................................................... 34

16950 Electrical System Testing and Settings .................................................................... 11

APPENDICES

A - Geotechnical Test Boring Logs

B – Shop Drawings for the existing Infilco Degremont Inc. Advent package units

C – Dissolved Air Flotation Pilot Treatment Study Report, November 2013

D – Bid Form (2 copies)

Division 0 Bidding and Contract Requirements

© 2018 CDM Smith 96538-221206


NPU DAF Improvements Invitation to Bid

00020 - 1

SECTION 00020

ADVERTISEMENT FOR BIDS

NORWICH PUBLIC UTILITIES (NPU)

IS SOLICITING BIDS FOR

STONY BROOK WATER TREATMENT PLANT

DISSOVLED AIR FLOTATION CLARIFIER SYSTEM

Sealed Bids for the construction of the Stony Brook Water Treatment Plant Dissolved Air Flotation

Clarifier System (CT DPH # 2012-0014) will be received by the Office of the Purchasing Agent at City

Hall, 100 Broadway, Norwich, Connecticut 06360 until 2:00 PM EST, AUGUST 31, 2018, at which time

they will be publicly opened and read aloud.

The work consists of furnishing all labor, materials, equipment and incidentals required for upgrading the

Stony Brook Water Treatment Plant (WTP) with dissolved air flotation (DAF) facilities and other

associated improvements. The work generally includes installation of DAF package units, modifications of

chemical systems, construction of the new DAF building, and demolition or modifications to other existing

facilities. The work includes all process and related mechanical upgrades; civil, yard piping, and site work;

HVAC and plumbing improvements; electrical distribution and instrumentation and control systems

modifications; demolition; and all other miscellaneous and other work as shown and indicated in the

Contract Documents or otherwise necessary to complete the project.

On or after July 20, 2018 specifications may be viewed and downloaded from the following websites:

• City of Norwich www.norwichct.org • State of Connecticut www.ct.gov/das

Questions regarding this bid must be submitted in writing to William R. Hathaway, Purchasing Agent, at

[email protected] or by facsimile to (860)823-3812, no later than August 16, 2018 at 2:00

PM EST. Answers will be provided no later than the end of business on August 24, 2018. Addenda to bid

documents may be issued up to 5 days prior to the bid opening and will be posted on the City of Norwich

and State of Connecticut websites. It is the responsibility of bidders to view all addenda.

The date of the general bid opening will be made at least 30 days from the publication of the formal

advertisement. All bidding is by sealed bids and bids received will be safeguarded until publicly opened.

MANDATORY Pre-bid conference will be held between prospective bidders, Engineer and Owner to

review the site and requirements of the Contract Documents. The conference will be held at the Stony

Brook Water Treatment Plant, Cherry Lane [off Raymond Hill Road], Montville, CT 06370 on AUGUST

2, 2018 at 10:00 AM EST.

Bids shall be submitted in a sealed envelope bearing the company name, date/time of the bid, and

designated as “NPU Bid # 7595 CT DPH # 2012-0014 Stony Brook Water Treatment Plant Dissolved Air

Flotation Clarifier System”. All bidders must submit an original and one (1) copy of their bid in the sealed

envelope.

Each bid shall be submitted in accordance with the Instructions to Bidders, and be accompanied by a Bid

Security in the amount not less than five (5) percent of the Bid in the form of a Bid Bond, Certified Check,

Treasurer’s Check, or Cashier’s Check made payable to the City of Norwich. Facsimile or e-mail bids will

© 2018 CDM Smith 96538-221206



00020 - 2

not be accepted. The Successful Bidder must furnish a 100 percent Performance Bond and a 100 percent

Payment Bond with a surety company acceptable to the Owner.

Complete instructions for filing Bids are included in the Instructions to Bidders.

Norwich Public Utilities reserves the right to accept or reject any or all Bids, in whole or in part, to waive

technical defects, minor irregularities and omissions if, in its judgment, the best interests of Norwich

Public Utilities will be served.

Bidders may not withdraw their Bid for a period of ninety (90) calendar days after the actual date of the

opening of the Bids. Should there be reason why the contract cannot be awarded within the specified time,

the time may be extended by mutual agreement between the City of Norwich and the designated, qualified

low, responsive and responsible bidder.

All final awards of the bid shall be in compliance with City of Norwich Code of Ordinances §7-46 –

Delinquent Tax Setoff Against Money Due Bidder or Contractor.

The successful bidder shall be required to submit documentation that all employees to be employed in the

work subject to this bid have successfully completed a course in construction safety and health approved

by the United States Occupational Safety and Health Administration that is at least ten (10) hours in

duration. Any employee found on a worksite subject to this section without documentation of successful

completion of a course in construction safety and health approved by the United States Occupational Saety

and Health Administration that is at least ten (10) hours in duration shall be subject to immediate removal.

Contracts for work under this Proposal will obligate the Contractor and Subcontractors not to discriminate

in employment practices. Attention is called to the fact that no less than the minimum salaries and wages as

set forth in the contract documents must be paid on this project. Responding bidders must ensure that

employees and applicants 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.

The Bidder for this project shall hold a current DAS contractor pre-qualification certificate for Water

Treatment Plants from the Department of Administrative Services (DAS) of the State of CT according to

CGS Section 4b-91. Bidders shall submit with their bids copies of DAS contractor prequalification

certificates along with the current Update Bid Statements. In addition, any named subcontractor whose

subcontract value is greater than $500,000 shall hold a current DAS Contractor Prequalification Certificate

in the closest applicable classification of the work that the subcontractor will complete in the contract. The

bidder must submit with their bid, all applicable Subcontractor DAS Prequalification Certificates. Any bid

submitted without a copy of the DAS Prequalification Certificate and an Update Bid Statement for the

bidder and DAS Prequalification Certificate for Subcontractors whose subcontract value is greater than

$500,000 shall be invalid.

Any contract or contracts awarded under this invitation for bids are expected to be funded in part by the

State of Connecticut Department of Public Health Drinking Water State Revolving Fund. Neither the State

of Connecticut nor any of its departments, agencies or employees is or will be a party to this Invitation to

Bid or any resulting contract. The procurement will be subject to the requirements contained in Section

22a-482-4(h), (j) and (o) of the regulations of Connecticut State Agencies.

© 2018 CDM Smith 96538-221206



00020 - 3

Owner and/or Engineer may make such investigations as deemed necessary to determine the ability of

Bidder to perform the work and the Bidder shall furnish to Owner all such information for this purpose as

Owner may request.

No award will be made to any Bidder who cannot meet all of the following requirements. Bidder:

a. Shall not have defaulted on any contract within three years prior to the bid date.

b. Shall maintain a permanent place of business.

c. Shall have adequate personnel and equipment to perform the work expeditiously.

d. Shall have suitable financial status to meet obligations incident to the work.

e. Shall have appropriate technical experience satisfactory to Owner in the class of work involved.

f. Shall be registered with the Secretary of the State of Connecticut to do business in Connecticut.

g. Shall not have failed to perform satisfactorily on contracts of a similar nature.

h. Shall not have failed to complete previous contracts on time.

The Contract Time shall commence twenty (20) days following the Effective Date of the Agreement and

the contractor shall fully complete all work called for under the contract agreement in all parts and

requirements within 545 calendar days.

Liquidated damages in the amount of $2,500 per calendar day shall be assessed upon failure to meet the

milestone dates stipulated, in addition to substantial and final completion dates. To the extent that time

lines may overlap, the assessment of liquidated damages will be limited to the contractually prescribed rate

of $2,500 per calendar day.

Bidders are hereby notified that the award of the contract for construction of this project is contingent upon

the Owner’s receipt of approval of authorization to award construction contract from the State Department

of Public Health, and funding commitment from the State of Connecticut. It is the intention of the Owner

to award the Contract to the low, responsive and responsible/qualified bidder.

Federal Minimum Wage Rates (Davis-Bacon), including reporting requirements as determined by the

United States Department of Labor under the Davis-Bacon Act apply to this project. State of Connecticut

prevailing wage rates also apply to this project. When there is a conflict between the Federal and State

Wage Rates, the higher wage rate shall apply.

Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) policies of the State of

Connecticut are applicable to this Contract. The requirement for MBE/WBE Subcontractor participation,

expressed as a percentage of the total contract amount, shall be a minimum of 8.0 percent with the

following makeup, MBE 3.0 percent and WBE 5.0 percent. Failure to meet or exceed the required

percentage shall render a bid non-responsive and cause the rejection of the Bid. Clean Water Fund

Memorandum 2016-003 (CWFM) dated May 25, 2016 must be completed and submitted with the Bid, or

that Bid will be deemed nonresponsive.

Bidders and subcontractors are required to ensure equal opportunity employment as noted in the

Governor’s Executive Orders 3, 16 and 17.

Bidders on this work will be required to comply with the President’s Executive Order No. 11246 and any

amendments or supplements to that Executive Order.

96538-221206 7/19/2018

NPU DAF Improvements Information for Bidders 00100 - 1

SECTION 00100

CITY OF NORWICH, CONNECTICUT



CONNECTICUT DWSRF PROJECT NO. 2012-0014

INSTRUCTIONS TO BIDDERS

1. RECEIPT AND OPENING OF BIDS Sealed bids for the Stony Brook Water Treatment Plant Dissolved Air Flotation Clarifier System will be received at the office of the Purchasing Agent, City Hall, Norwich, Connecticut, at the time specified in the advertisement for bids, then opened and read aloud. The envelopes containing the bids must be sealed and designated as “NPU Bid # 7595 CT DPH # 2012-0014 Stony Brook Water Treatment Plant Dissolved Air Flotation Clarifier System”. The owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities in or reject any and all bids. Conditional or qualified bids will not be accepted. Any bid received after the time and date specified shall not be considered, and requests for extensions of time will not be granted. 2. PREPARATION OF BID Each Bid must be submitted on the prescribed forms included with these documents. All blank spaces for bid prices must be filled in, in ink or typewritten, with the information requested or with the notation ‘N/A’ for not applicable. All bids must be prepared in conformity with and shall be based on and submitted subject to all requirements of the Specifications together with all Addenda thereto. Bids which are incomplete, not properly endorsed or signed, or otherwise contrary to the instructions in this specification, shall be rejected. Conditional bids will not be accepted. All bidders shall complete and return the “Statement of Bidder’s Qualifications” which is attached to the bid. The bid price(s) shall be written in both words and figures, and in the case of a discrepancy between the two the amount in words shall govern. Bidders shall complete and submit the following documents with their bid:

a. Bid Form (Section 00300) b. Bid Bond (Section 00410) c. State of Connecticut DAS Update (Bid) Statement (Section 00420) d. State of Connecticut DAS Contractor Prequalification Certificate e. Affidavit of Non-Collusion (Section 00430)

96538-221206 7/19/2018


f. Acknowledgement of DBE Subcontractor Participation on Clean Water Fund (CWF) Construction Projects (Clean Water Fund Memorandum dated 2016-003)

g. EPA DBE Subcontractor Utilization Form (Section 00800) 3. PRICES Bidders shall state the proposed price for the work by which the bids will be compared. This price is to cover all expenses incidental to the completion of the work in full conformity with the Contract and the Specifications. No bid will be accepted which does not contain a unit price for every item contained in the bid form. 4. INFORMATION SUPPLIED TO BIDDERS The owner shall provide to bidders prior to bidding, all information that is pertinent to, and delineates and describes, the work to be done. The Contract Documents contain the provisions required for completion of the work. Information obtained from any officer, agent, or employee of the owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions of the Contract. 5. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the Drawings, Specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation shall be in writing, addressed to: Bill Hathaway, City of Norwich, 100 Broadway, Norwich, CT 06360 or [email protected] . In order to be given consideration, such request must be made by 2:00 PM on August 16, 2018. Any and all interpretations and any supplemental instructions will be in the form of written Addenda to the Specifications, which, if issued, will be made available to all prospective bidders, not later than five (5) days prior to the date fixed for the opening of bids in any of the following method:

• Emailed; or • Placed on the City of Norwich and State of Connecticut websites

Addenda so issued shall become a part of the Contract Documents 6. PRE-BID CONFERENCE MANDATORY pre-bid conference will be held between prospective bidders, ENGINEER and OWNER to review the proposed methods of complying with the requirements of the Contract Documents. The pre-bid conference will be held at the time and place set forth in the Invitation to Bid.

7. BID MODIFICATION

96538-221206 7/19/2018


Any bidder may modify his bid by electronic communication at any time prior to the scheduled closing time for receipt of bids, provided the owner receives the communication prior to the closing time and provided further, the owner is satisfied that a written confirmation of the electronic modification over the signature of the bidder was mailed and postmarked prior to the closing time. The electronic communication should not reveal the bid price but should provide the addition or subtraction or other modifications so that the owner will not know the final prices until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the electronic modifications. 8. CORRECTIONS Erasures or other changes in the bid must be explained or noted over the signature of the bidder. 9. WITHDRAWAL OF BIDS Bids may be withdrawn personally or as written or electronic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for the opening, provided that written confirmation of any electronic withdrawal over the signature of the bidder is placed in the mail and postmarked prior to the time set for the opening of the bids. Negligence on the part of the bidder in preparing his bid confers no right of withdrawal or modification of his bid after such bid has been opened. 10. METHOD OF AWARD-LOW, RESPONSIVE AND RESPONSIBLE/QUALIFIED BIDDER The Contract will be awarded to the lowest responsible and qualified Bidder. 11. BID SECURITY Each bid must be accompanied by a certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the owner, in the amount of five percent (5%) of the bid. Such checks or bid bonds will be returned to all but the three lowest bidders within five days

96538-221206 7/19/2018


after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the owner and the accepted bidder have executed the contract; or if no award has been made within 90 days after the date of the opening of the bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid 12. POWER OF ATTORNEY Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 13. EXECUTION OF THE AGREEMENT A Contract in the form set forth hereinafter will be required to be executed by the successful bidder and the owner. The attention of all bidders, therefore, is called to the form of the Agreement and the provisions thereof. The party to whom the Contract is awarded will be required to obtain the performance bond and payment bond and insurance certificates within ten (10) calendar days from the date when the Notice of Award is delivered to the bidder. The Notice of Award shall be accompanied by the necessary Agreement and bond forms. 14. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the Contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the owner, as liquidated damages for such failure or refusal the surety deposited with his bid. 15. LIQUIDATED DAMAGES Liquidated damages in the amount of $2,500 per calendar day shall be assessed upon failure to meet the milestone dates stipulated, in addition to substantial and final completion dates. To the extent that time lines may overlap, the assessment of liquidated damages will be limited to the contractually prescribed rate of $2,500 per calendar day. 16. CONTRACT TIMES The Contract Time shall commence twenty (20) days following the Effective Date of the Agreement and the Contractor shall fully complete all work called for under the Contract agreement in all parts and requirements within 545 calendar days. 17. NOTICE TO PROCEED The Notice to Proceed shall be issued within ten (10) days of the execution of the Agreement by the owner. Should there be reasons why the Notice to Proceed cannot be issued within such period; the time may be extended by mutual agreement between the owner and Contractor. 18. UNCERTAINTY OF QUANTITIES

96538-221206 7/19/2018


Any quantities listed in the bid (proposal) are approximate and are given for use in comparing bids and to indicate approximately the total amount of the Contract. The owner does not expressly or by implication represent that the actual amounts of work will even approximately correspond therewith, but does call particular attention to the uncertainty of the quantities of that work which cannot be predicted in advance. The quantity under certain items may be materially greater or less than that given in the bid. Only such quantities of the respective items of work actually performed and accepted will be paid for. An increase or decrease in the quantity for any item shall not be regarded as grounds for an increase or decrease in the bid prices. 19. QUALIFICATIONS OF THE BIDDER THE OWNER may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the owner all such information and data for this purpose as the owner may request. The owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted. The Bidder for this project shall hold a current DAS contractor pre-qualification certificate for Water Treatment Plants from the Department of Administrative Services (DAS) of the State of CT according to CGS Section 4b-91. Bidders shall submit with their bids copies of DAS contractor prequalification certificates along with the current Update Bid Statements. In addition, any named subcontractor whose subcontract value is greater than $500,000 shall hold a current DAS Contractor Prequalification Certificate in the closest applicable classification of the work that the subcontractor will complete in the contract. The bidder must submit with their bid, all applicable Subcontractor DAS Prequalification Certificates. Any bid submitted without a copy of the DAS Prequalification Certificate and an Update Bid Statement for the bidder and DAS Prequalification Certificate for Subcontractors whose subcontract value is greater than $500,000 shall be invalid. 20. OBLIGATIONS OF THE BIDDER It is the responsibility of each bidder before submitting a proposal to visit the Stony Brook Water Treatment Plant to become familiar with local conditions that might affect cost, progress, performance or furnishing of the work. Before submitting a bid, each bidder shall, at the respondent’s own expense, make or obtain any additional examination, investigations, tests and studies and obtain any additional information and data which may affect cost, progress, performance of furnishing of the work and which the bidder deems necessary to determine his/her bid for performing and furnishing the work in accordance with the terms and conditions of the contract documents. Such a visit can be scheduled by contacting Mr. Thomas Cutler, Chief Water Plant Operator at 860-887-3162. The submission of any bid will be accepted by the owner as satisfactory proof that the bidder has satisfied himself in these respects.

96538-221206 7/19/2018


The bidder shall not at any time after the submission of a bid dispute or complain of such statements or information, nor, assert that there was any misunderstanding in regard to the nature, or amount of work to be done. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve the bidder of his obligation to furnish all materials except those materials furnished by the owner and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consider-ations set forth in his bid, if his bid is accepted. 21. CONDITIONS OF WORK Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with traffic, with the use of existing facilities and utilities, with the use of municipally or State or privately owned lands, or with the work being performed by others. 22. PAYMENT SCHEDULE Payment for the work will be made when the work outlined in the specifications is performed in accordance with the terms stated herein. The Contractor may submit periodically, but not more than once each month, a Request for Payment for work done. Invoices shall be prepared in prescribed form by the Contractor and shall be submitted to the owner's Representative for checking and certifications.

All contract payments shall be understood to be subject to appropriation by Norwich Public Utilities on an annual budget basis. Actual payment for the above-identified services shall be paid monthly by the owner after receipt of appropriately documented invoices from the contractor. 23. LAWS AND REGULATIONS The Bidder's attention is directed to the fact that all applicable federal and state laws and municipal ordinances for the work and the rules and regulations of all authorities having jurisdiction over the work shall apply to the Contract throughout, and they will be seemed to be included in the Contract the same as though herein written out in full. 24. TAXES The City of Norwich is considered exempt from the payment of Federal excise taxes, Connecticut Sales Taxes, etc. and such taxes shall be identified separately or excluded from the bid prices. 25. SAFETY AND HEALTH REGULATIONS

This Project is subject to all of the Safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24, 1974 and

96538-221206 7/19/2018


CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as Applicable to Construction. The Successful Bidder shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54). The Successful Bidder shall have a competent person or persons, as required under the Occupational Safety and Health Act on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act. 26. FEDERAL WAGE RATES – DAVIS BACON ACT

In addition to compliance with Connecticut Wage Rates, the Bidder is advised that the Davis-Bacon Act applies to this contract. Where federal wage rates differ from State Wage Rates, the greater rate shall apply. 27. NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this Project will obligate the Contractor and Subcontractors not to discriminate in employment practices. Bidders for the Contract shall indicate in their Bid, whether they have previously performed work subject to the President's Executive Order No. 11246, or any preceding similar Executive Order. Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the Award of the Contract. Successful bidders must, if requested, submit a list of all Subcontractors who will perform work on the Project and written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the Work, together with supporting information to the effect that said labor pools' practices and policies are in conformity with Executive Order No. 11246, and that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employees seeking employment and performing work under the Contract, or a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the Award of the Contract. Successful Bidders must be prepared to comply in all respects with the U.S. Environmental Protection Agency Labor Standards form entitled: "Labor Standards Provisions for Federal and Federally Assisted Contracts", dated May, 1987, a copy of which is included in Part II of the Supplementary Conditions.

96538-221206 7/19/2018


28. INFORMATION REGARDING BUY AMERICAN PROVISION

This project is not subject to the American Iron and Steel Requirements of P.L. 113-76, H.R. 3547, “Consolidated Appropriations Act, 2014,” Division G, Title IV, Sec. 436. 29. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MBEs AND WBEs) Bidders on this work are required to comply with the State of Connecticut regarding the use of Minority Business Enterprise (MBE) and Woman Business Enterprises (WBE). The requirements for Bidders and Contractors are explained in the attached "Recipients Guidance for Utilization of Minority Business Enterprise in procurements under EPA Assistance Agreements." A copy of the Clean Water Fund Memorandum dated May 25, 2016 is attached to this Invitation. Bidders are to follow its instructions carefully, including the enclosure of a signed copy of the Memorandum in the bid package submitted. Also, each Bidder must complete and include the Disadvantage Business Enterprise (DBE) Subcontractor Verification Forms (included in this Bid Package) listing each potential MBE or WBE Subcontractor with the bid application. Failure to submit this (Subcontractor Verification Form) may result in the Bid being deemed non-responsive and may cause the rejection of the Bid. 30. WAGE RATES

State of Connecticut Labor Department "Prevailing Wage Rates" apply to this project. It is the responsibility of the CONTRACTOR, before bid opening, to request if necessary, any additional information on Minimum Wage Rates for those tradespeople who are not covered by the applicable Wage Rates but who may be employed for the proposed work under this contract. It is the responsibility of the CONTRACTOR before the bid opening to inform himself as to the local labor conditions such as the length of workday and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments in rates or other requirements. Heavy construction rates will apply for this project.

31. PROJECT SIGN

The CONTRACTOR shall construct a sign in accordance with the Standard Detail included in Part II of the Supplementary Conditions. The sign shall be erected in a location selected by the ENGINEER. The CONTRACTOR shall maintain the sign throughout the duration of the Contract and remove and dispose of sign when directed by ENGINEER.

© 2018 CDM Smith 96538-221206


NPU DAF Improvements Bid Form

00300 - 1

SECTION 00300




CONNECTICUT DWSRF 2012-0014

BID FORM

The undersigned declares that the only persons or parties interested in this Bid as principals are as stated;

that the Bid is made without any collusion with other persons, firms, or corporations; that all the Contract

Documents as prepared by CDM Smith, 77 Hartland Street, Suite 201, East Hartford, CT 06108, and dated

May 2018 have been carefully examined; that the undersigned is fully informed in regard to all conditions

pertaining to the Work and the place where it is to be done, and from them the undersigned makes this Bid.

These prices shall cover all expenses incurred in performing the Work required under the Contract

Documents, of which this Bid Form is a part.

If a Notice of Award accompanied by at least six unsigned copies of the Agreement and all other

applicable Contract Documents is delivered to the undersigned within 90 calendar days after the actual

date of the opening of the Bids, the undersigned will within five days, excluding Saturdays, Sundays, and

legal holidays, after the date of receipt of such notification, execute and return all copies of the Agreement

and all other applicable Contract Documents to OWNER. The premiums for all Bonds required shall be

paid by CONTRACTOR and shall be included in the Contract Price. The undersigned Bidder further

agrees that the Bid Security accompanying this Bid shall become the property of OWNER if the Bidder

fails to execute the Agreement as stated above.

The undersigned hereby agrees that the Contract Time shall commence twenty days following the Effective

Date of the Agreement and to fully complete the work within 545 Calendar Days and in accordance with

the terms as stated in the Agreement. The undersigned further agrees to pay OWNER, as liquidated

damages, $2,500.00 per day for each calendar day beyond the date established for Contract Time Limit for

substantial completion and $2,500.00 per day for each calendar day beyond the date established for

Contract Time Limit for contract completion or extension thereof that the Work remains incomplete, in

accordance with the terms of the Agreement.

The undersigned acknowledges receipt of addenda numbered:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

In accordance with the above understanding, the undersigned proposes to perform the Work, furnish all

materials and complete the Work in its entirety in the manner and under the conditions required at the

prices listed as follows:

© 2018 CDM Smith 96538-221206


NPU DAF Improvements Bid Bond

00410 - 1

SECTION 00410




CONNECTICUT DWSRF PROJECT NO. 2012-0014

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned,

______________________________________________________________________ as Principal, and

______________________________________________________________________ as Surety, are hereby

held and firmly bound unto the City of Norwich, Connecticut as OWNER in the penal sum of

____________________________________________________________________ for the payment of

which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this _______ day of _____________________, 20_______.

The Condition of the above obligation is such that whereas the Principal has submitted to certain Bid, attached

hereto and hereby made a part hereof to enter into a contract in writing, for the City of Norwich, Connecticut

Stony Brook Water Treatment Plant Dissolved Air Flotation Clarifier System, Contract No. 7595.

NOW THEREFORE,

(a) If said Bid shall be rejected, or in the alternate,

(b) If said Bid shall be accepted and the Principal shall execute and deliver to OWNER the appropriate

documents including the Contract Form and Contract Bond Form, and shall in all other respects

perform the agreement created by the acceptance of said Bid, then this obligation shall be void,

otherwise the same shall remain in force and effect; it being expressly understood and agreed that the

liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of

this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond

shall be in no way impaired or affected by any extension of the time within which the OWNER may accept

such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of

them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed

by their proper officers, the day and year first set forth above.

© 2018 CDM Smith 96538-221206


NPU DAF Improvements Bid Bond

00410 - 2

Principal (Print Full Name) Surety (Print Full Name)

___________________________ _____________________________

BY:________________________(L.S.) BY:__________________________(L.S.)

TITLE:_____________________ TITLE:_______________________

IMPORTANT - Surety companies executing bonds must appear on the Treasury Department's most current list

(Circular 570 as amended) and be authorized to transact business in the state where the project is located.

END OF SECTION

Sta

te o

f Con

nect

icut

Dep

artm

ent o

f Adm

inis

trativ

e S

ervi

ces

(DA

S) C

ontra

ctor

Pre

qual

ifica

tion

Upd

ate

(Bid

) Sta

tem

ent

(Sta

tem

ent t

o be

incl

uded

with

the

bid)

Con

nect

icut

Gen

eral

Sta

tute

§4a

-100

and

Con

nect

icut

Gen

eral

Sta

tute

§4b

-91

E

ach

bid

subm

itted

for a

con

tract

sha

ll in

clud

e a

copy

of a

pre

qual

ifica

tion

certi

ficat

e is

sued

by

the

Com

mis

sion

er o

f Adm

inis

trativ

e S

ervi

ces.

The

bid

sha

ll al

so b

e ac

com

pani

ed b

y an

upd

ate

bid

stat

emen

t in

such

form

as

the

Com

mis

sion

er o

f Adm

inis

trativ

e S

ervi

ces

pres

crib

es. T

he fo

rm fo

r suc

h up

date

bid

sta

tem

ent s

hall

prov

ide

spac

e fo

r inf

orm

atio

n re

gard

ing

all p

roje

cts

com

plet

ed b

y th

e bi

dder

sin

ce th

e da

te th

e bi

dder

's p

requ

alifi

catio

n ce

rtific

ate

was

issu

ed o

r ren

ewed

, all

proj

ects

the

bidd

er c

urre

ntly

has

und

er c

ontra

ct, i

nclu

ding

the

perc

enta

ge o

f wor

k on

suc

h pr

ojec

ts n

ot c

ompl

eted

, th

e na

mes

and

qua

lific

atio

ns o

f the

per

sonn

el w

ho w

ill h

ave

supe

rvis

ory

resp

onsi

bilit

y fo

r the

per

form

ance

of t

he c

ontra

ct, a

ny s

igni

fican

t cha

nges

in th

e bi

dder

's fi

nanc

ial p

ositi

on o

r cor

pora

te s

truct

ure

sinc

e th

e da

te th

e ce

rtific

ate

was

issu

ed o

r ren

ewed

, any

cha

nge

in th

e co

ntra

ctor

's q

ualif

icat

ion

stat

us a

nd s

uch

othe

r rel

evan

t inf

orm

atio

n as

the

Com

mis

sion

er o

f Adm

inis

trativ

e S

ervi

ces

pres

crib

es.

Any

bid

sub

mitt

ed w

ithou

t a c

opy

of th

e pr

equa

lific

atio

n ce

rtific

ate

and

an u

pdat

e bi

d st

atem

ent s

hall

be in

valid

. A

ny p

ublic

age

ncy

that

acc

epts

a b

id s

ubm

itted

with

out a

cop

y of

suc

h pr

equa

lific

atio

n ce

rtific

ate

and

an u

pdat

e bi

d st

atem

ent,

as re

quire

d by

this

sec

tion,

may

bec

ome

inel

igib

le fo

r the

rece

ipt o

f fun

ds re

late

d to

suc

h bi

d.

Nam

e of

Pro

ject

that

com

pany

is b

iddi

ng o

n:

Proj

ect N

umbe

r:

Nam

e of

Com

pany

: FE

IN:

Com

pany

Add

ress

: Pr

equa

lific

atio

n C

onta

ct:

Tele

phon

e N

umbe

r:

D

ate

of P

requ

alifi

catio

n

with

the

DA

S:

Sing

le L

imit:

A

ggre

gate

Wor

k C

apac

ity (A

WC

):

* Th

is a

mou

nt e

qual

s yo

ur c

ompa

ny’s

AW

C m

inus

the

Tota

l $ A

mou

nt o

f Wor

k R

emai

ning

. * R

emai

ning

Agg

rega

te W

ork

Cap

acity

:

Plea

se li

st a

ll of

you

r com

pany

’s B

ON

DED

PR

OJE

CTS

(BO

TH P

UB

LIC

AN

D P

RIV

ATE

) WH

ICH

WER

E 10

0% C

OM

PLET

ED S

INC

E TH

E D

ATE

YO

UR

PR

EQU

ALI

FIC

ATI

ON

WA

S IS

SUED

OR

REN

EWED

: (Pl

ease

add

add

ition

al p

age(

s) if

requ

ired)

Na

me

of P

roje

ct

Ow

ner o

f Pro

ject

D

ate

Proj

ect C

ompl

eted

To

tal C

ontr

act A

mou

nt

9653

8-76

995

0042

0-1

June

201

5

Plea

se li

st a

ll of

you

r com

pany

’s B

ON

DED

PR

OJE

CTS

(BO

TH P

UB

LIC

AN

D P

RIV

ATE

) CU

RR

ENTL

Y U

ND

ER C

ON

TRA

CT:

(P

leas

e ad

d ad

ditio

nal p

age(

s) if

requ

ired.

Ple

ase

tota

l the

Wor

k R

emai

ning

col

umn)

N

ame

of P

roje

ct

Ow

ner o

f Pro

ject

To

tal C

ontr

act

Am

ount

%

C

ompl

ete

Wor

k R

emai

ning

($

)

T

otal

$ A

mou

nt o

f Wor

k R

emai

ning

Plea

se li

st th

e na

mes

and

title

s of

the

pers

onne

l who

will

hav

e su

perv

isor

y re

spon

sibi

lity

for t

he p

erfo

rman

ce o

f the

con

trac

t bei

ng b

id o

n:

(Ple

ase

add

addi

tiona

l pag

e(s)

if re

quire

d)

Indi

vidu

al N

ame

Title

of I

ndiv

idua

l

H

ave

ther

e be

en a

ny c

hang

es in

you

r co

mpa

ny’s

fina

ncia

l con

ditio

n or

bus

ines

s org

aniz

atio

n, w

hich

mig

ht a

ffec

t you

r co

mpa

ny’s

abi

lity

to

succ

essf

ully

com

plet

e th

is c

ontr

act?

Y

es

No

If y

es, p

leas

e ex

plai

n:

I cer

tify

unde

r pe

nalty

of l

aw th

at a

ll of

the

info

rmat

ion

cont

aine

d in

this

Upd

ate

(Bid

) Sta

tem

ent i

s tru

e an

d ac

cura

te to

the

best

of m

y kn

owle

dge

as o

f the

dat

e be

low

. __

____

____

____

____

____

____

____

___

__

____

____

____

____

Si

gnat

ure

D

ate

It

is th

e re

spon

sibi

lity

of th

e A

war

ding

Aut

hori

ty to

det

erm

ine

if an

y of

the

info

rmat

ion

prov

ided

abo

ve w

ill im

pact

the

cont

ract

or’s

per

form

ance

on

this

pro

ject

. T

he D

AS’

Con

trac

tor

Preq

ualif

icat

ion

Prog

ram

can

be

reac

hed

at (8

60) 7

13-5

280

9653

8-76

995

0042

0-2

June

201

5

© 2018 CDM Smith 96538-221206 All Rights Reserved 3/16/2018

NPU DAF Improvements Affidavit of Non-Collusion 00430-1

SECTION 00430 AFFIDAVIT OF NON-COLLUSION

State of ______________________

County of _____________________

This Affidavit is made to the Norwich Public Utilities by the undersigned (“Bidder”) in connection with The Bid for the Stony Brook Water Treatment Plant Dissolved Air Flotation Clarifier System Project (“Bid”) submitted by Bidder in response to Norwich Public Utilities competitive bid solicitation process._________________________________________________________ hereby deposes and says:

That all representations made by the Bidder and contained in the Bid are true, accurate and complete;

That the Bid is executed with full authority to do so;

That neither Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest has in any way, directly or indirectly, entered into any agreement, or participated in any collusion;

That Bidder has not sought in any way to secure through collusion, conspiracy, connivance, or agreement any advantage in the proposed Contract; and

That the Bid has not been disclosed by Bidder to any other bidder, potential bidder and will not be disclosed by Bidder, prior to bid opening, directly or indirectly to any other Bidder or potential bidder.

__________________________________

(Signature of Bidder)

__________________________________

(Printed or Typed Name of Bidder)

__________________________________

(Title)

© 2018 CDM Smith 96538-221206 All Rights Reserved 3/16/2018

NPU DAF Improvements Affidavit of Non-Collusion 00430-2

Subscribed and Sworn to before me this _____________________________________ day

of _______________________________, 20___.

(SEAL)

________________________________

Notary Public

My Commission expires

_________________________________

END OF SECTION

and all other things (except as otherwise expressly provided herein) necessary for the proper performance and completionof the work in the manner and within the time hereinafter specified, in strict accordance with the Drawings, Specificationsand 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 mentionedin the Specifications, or vice versa, and all work and material usual and necessary to make the work complete in all its 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 thesame 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 ofNPU, 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.

The Contractor shall indemnify and save harmless NPU and its officers, agents, servants and employees, from andagainst 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 orpersons 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 orconcurrent negligence or fault of the Contractor, its officers, agents, servants or employees, any of its subcontractors, NPU or any of their respective officers, agents, servants or employees and/or any other person or persons, and whetheror not such claims, demands, suits or proceedings are just, unjust, groundless, false or fraudulent; and the Contractorshall 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, servants, oremployees, 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 permissionor 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, oron 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 byother contractors. In case of any such damage resulting from its operations, it shall repair and make good as new thedamaged portions at its own expense with the consent of the damaged party. In the event that consent is not given, theContractor 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 anextension 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 Contractoragrees 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 bysuch 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, taxesattributable 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 workthe constant attention necessary to ensure the expeditious and orderly progress thereof, and shall cooperate with NPU, itsofficers, 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 Engineerwithout 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 priorwritten consent of NPU. If, in the opinion of NPU, the superintendent or any successor proves incompetent, the Contractorshall replace him with another person approved by NPU; such approval, however, shall in no way relieve or diminish theContractor'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 by NPU to 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 procure and maintain insurance of the types specified below, and to the limits for this insurance specified in the Standard Bid and Contract Terms and Conditions and City of Norwich Code ofOrdinances. All insurance shall be obtained from companies satisfactory to NPU.

Insurance shall be in such forms as will protect the Contractor from all claims and liability for damages for bodily and personal injury, including accidental death, and for property damage, which may arise from operations under the Contract, whether such operations be by itself, its subcontractors, or by anyone directly or indirectly employed or engaged by it.

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.

a. Workmen’s Compensation and Employer’s Liability Insurance.

b. Bodily Injury Insurance for operations and completed operations and Contractor’s Protective Bodily Injury Insurance.

c. Property Damage Insurance for operations and completed operations and Contractor’s Protective Property Damage Insurance, each including coverage for injury to or destruction of wires or pipes and similar property and appurtenant apparatus and the collapse of or structural injury to any building or structure except those on which work under the Contract is being done. Blasting and explosion coverage shall be obtained if there is a need forblasting under the Contract, and no blasting shall be performed until such insurance has been secured.

d. Bodily Injury Insurance covering the operation of all motor vehicles owned by the Contractor.

e. Personal Injury Insurance to cover claims for personal injury and including claims brought by employees.

f. Property Damage Insurance covering the operation of all motor vehicles owned by the Contractor.

g. Insurance to cover bodily injuries and property damage resulting from the use of motor vehicles not owned by theContractor, while such vehicles are being operated in connection with the prosecution of the work.

h. Contractual Liability Insurance covering the liability assumed by the Contractor under the fifth paragraph of thatsubsection titled “Obligations and Liability of Contractor” of this Agreement.

i. Owner’s Protective Liability and Property Damage Insurance to protect NPU and any Engineer against claims for Property damage and for bodily injuries, including accidental death, caused by the operations of the Contractor orits subcontractors on the Work. The policy shall indicate NPU and any Engineer as the named insured. A copy ofthe policy shall be furnished to NPU and a Certificate of Insurance shall be furnished to any Engineer.

All policies shall be so written that NPU will be notified in writing of cancellation or restrictive amendment at least 30 days prior to the effective date of such cancellation or amendment.

Certificates from the Contractor’s insurance carriers stating the coverages provided, the limits of liability, and expirationdates shall be filed in triplicate with the Engineer before operations are begun. Such certificates shall be on the form furnished by the Engineer.

Renewal certificates must be furnished by the Contractor prior to the expiration date of any of the initial insurances.

No insurance required or furnished hereunder shall in any way relieve the Contractor of or diminish any of its responsibilities, obligations and liabilities under the Contract.

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. In the event that any provision of theContract conflicts with any other provision of this Contract, the decision of NPU will be final.

10. Funding and Fiscal Year Appropriations: Appropriations for expenditures by NPU and authorization to spendfor a particular purpose are ordinarily made on a fiscal year basis. The fiscal year of NPU is the twelve (12) month periodending June 30 of each year. The obligations of NPU under this Contract for the present or any subsequent fiscal yearfollowing the fiscal year in which this Contract is executed are subject to the appropriation of funds sufficient to discharge NPU’s obligation, which accrues in this or any subsequent fiscal year. In the absence of such appropriation orauthorization, this Contract shall be terminated immediately upon the Contractor’s receipt of notice to said effect withoutliability for damages, penalties or other charges arising from early termination. Expenditures for contracted services thatwill extend beyond a single fiscal year shall not exceed in any fiscal year the amount appropriated and authorized for said fiscal year. The Contractor’s yearly costs, as contained herein, may not exceed the amount appropriated for said year.

11. Termination: The Contract may be terminated without cause by either party by giving written notice to the otherat least thirty (30) calendar days prior to the effective date of termination stated in the notice. If Contractor fails to fulfill its obligations, NPU may terminate this Contract by giving written 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 Contractorpursuant to this Contract, shall become the property of 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 othercompilations 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 theapplicable 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 andupon 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. Public, Publication, Reproduction and Use of Contract Products or Materials: Unless provided otherwise bylaw or NPU, title and possession of all data, reports, programs, software, equipment, furnishings, and any otherdocumentation or product paid for with NPU funds shall vest with NPU at the termination of the Contract. The Contractorshall at all times obtain the prior written approval of NPU before it, any of its officers, agents, employees orsubcontractors, either during or after termination of the Contract, makes any statement bearing on the work performed ordata collected under this Contract to the press or issues any material for publication through any medium ofcommunication. 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-freenon-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use thepublication. 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 NPU 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 NPU, nor shall it subcontract any services without the priorwritten approval of NPU.

16. Connecticut Law: It is agreed that this contract shall be governed by, construed, and enforced inaccordance 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 thepersonal 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 Norwich, 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 THETRANSACTIONS 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 NPU 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 sexualorientation, Executive Order Number Three and guidelines and rules, Executive Order Number Seventeen, Executive Order Number Sixteen 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 GeneralStatutes of Connecticut, as revised. Section E of this article is inserted in connection with subsection (a) of § 4a-60a ofthe 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 physicaldisability, 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 theState of Connecticut; (2) the contractor agrees, in all solicitations or advertisements for employees placed by oron 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 ofworkers 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 theCommission 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 foremployment; (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 HumanRights and Opportunities with such information requested by the Commission, and permit access to pertinentbooks, records, and accounts concerning the employment practices and procedures of the contractor as theyrelate to the provisions of this section and Conn. Gen. Stat. § 46a-56.

B. Any contractor who is party to a municipal public work