rfp parking office fitout - connecticut parking... · 2007-07-11 · rfp: parking office tenant...

A D R I A E N ’ S L A N D I N G

Request for Proposal – Parking Office Tenant Fitout

RFP: Parking Office Tenant Fitout

REQUEST FOR PROPOSALAdriaen’s Landing

The Request for Bid Proposal includes the following:

Section I Intent and PurposeSection II Scope of ServicesSection III Contract PeriodSection IV RFP ProceduresSection V RRP ConditionsSection VI Selection Criteria

AttachmentsExhibit “A” Scope of WorkExhibit “B” Bid FormExhibit “C” Contract LanguageExhibit “D” Plain Language Summary of State Ethics Laws for Current & Potential State Contractors

Attachment 1 Full Set of DrawingsAttachment 2 Specifications for Fire Protection, HVAC, Electrical


I. INTENT AND PURPOSE

The Adriaen’s Landing development is a $771.0 million mixed-use development located in downtown Hartford,Connecticut. The 30-acre site is bordered by Prospect Street to the west, I-91 to the east, State Street to the Northand the Whitehead Highway to the south. Uses consist of a Convention Center, a Convention Center Hotel and theConnecticut Science Center that is currently under construction, as well as a residential and entertainment/retaildistrict, currently under development. The Capital City Economic Development Authority (CCEDA) is thedeveloper and owner of the Connecticut Convention Center, Garages and portions of the sidewalks and plazaslocated at Adriaen’s Landing.

The address of the Parking Facility is 100 Columbus Boulevard. The fitout is for the Parking Garage Office of theConvention Center. The Parking office is room # 1062 located in the garage level 1 section C.

LAZ Parking Ltd. has been authorized to administer this bid process on behalf of CCEDA. The successful bidderwill enter into a contract directly with LAZ Parking Ltd.

II. SCOPE OF SERVICES

The Proposal shall include all work as indicated in Exhibit “A”, Scope of Work and Specifications referenced inExhibit “C”. Additional fire code issues not included on drawings are stated on the attached Plan Review Report.

III. CONTRACT PERIOD

The Bid Form attached as Exhibit “B” requires the Bidder to provide the following time durations from executionof a Contract:

Pre-ConstructionInstallationFinal Completion


IV. RFP PROCEDURES

Official LAZ Contact. The contact person representing OWNER for the purpose of this RFP is:

Paul FreimuthLaz Parking100 Columbus BoulevardHartford, CT 06103

Telephone (860) 728-2598Facsimile (860) 548-9603E-Mail [email protected]

All communications with LAZ regarding this RFP must be directed to the Official LAZ Contact or his designee.

Bidder’s Authorized Representative. Bidders must designate an authorized representative and one (1) alternate.Provide the name, title, address, telephone and facsimile numbers, e-mail address, and normal working hours foreach representative. This information must be submitted to the Official LAZ Contact with the RFP submission.

Communications Notice. All communications with LAZ or any person representing LAZ concerning this RFP arestrictly prohibited, except as permitted by this RFP. Any violation of this prohibition by bidders or theirrepresentatives may result in disqualification or other sanctions, or both.

Inquiry Procedures. All questions regarding this RFP and submission requirements must be received, in writingvia email or facsimile, to the official LAZ Contact by 4:00 PM on Tuesday July 24, 2007. Bidders are required tolimit their contact regarding this RFP to the Official LAZ Contact named herein. Bidders are encouraged to callthe LAZ contact to confirm receipt of any document sent via email or facsimile.

Bidders’ Conference and Site Walk-Through. The LAZ Contact will be available for a Site Walk at 10:00 AM onThursday July 19th, 2007. We will meet in the Parking Office located at 100 Columbus Boulevard, Hartford.Parking is available in the garage. Call 728-2598 for directions. Bidders are responsible for site conditions.

Resource Library. There is no resource library for this RFP.

Packaging and Labeling Requirements. All proposals must include the following:

Description Of Relevant Experience On Similar ProjectsList Of ReferencesContact Information Noted AboveCompletion Of The Bid Form Included In This RFP As Exhibit “B’

Fax or E-Mail copies are acceptable for initial submission. Email or Fax copies shall be followed by originals sentin the mail or hand delivered. The proposal must be signed by the bidder.

Proposals Due. Proposals must be received by fax or email no later than 4:00 PM on Wednesday August 1st,2007.

Contractor Selection. It is LAZ’s intention to notify the successful bidder by Friday August 3rd, 2007 and toinitiate this engagement as soon as possible thereafter.


Timeline. The following timeline, up to and including the deadline for submitting proposals, shall be changed onlyby an amendment to this RFP. Dates after the submittal deadline are target dates only.

Monday July 9, 2007 RFP IssuedThursday July 19, 2007 Site Walk at 10:00 AMTuesday July 24, 2007 Questions due by 4:00 PMWednesday August 1, 2007 Bids due by 4:00 PMFriday August 3, 2007 Award notification and issuance of Letter of Intent and draft contract

V. RFP CONDITIONS

All bidders must be willing to adhere to the following conditions:

A. LAZ is an Equal Opportunity and Affirmative Action employer and does not discriminate in its hiring,employment, or business practices. LAZ is committed to complying with the Americans with Disabilities Act of1990 (ADA) and does not discriminate on the basis of disability, in admission to, access to, or operation of itsprograms, services, or activities.

B. Any product, whether acceptable or unacceptable, developed under a contract awarded as a result of theRFP is to be the sole property of LAZ. Any and all drawings and/or schematics developed by the bidder for any ofthe equipment, systems, or subsystems covered by the contract shall become the property of LAZ, a reproduciblecopy of which shall be supplied to LAZ upon completion.

C. Timing and sequence of events resulting from this RFP will ultimately be determined by LAZ.

D. The bidder’s proposal shall remain valid for a period of 30 days after the closing date for the submissionand may be extended beyond that time by mutual agreement.

E. LAZ may amend or cancel this RFP, prior to the due date and time, if LAZ deems it to be necessary,appropriate or otherwise in the best interests of LAZ. Failure to acknowledge receipt of amendments, inaccordance with the instructions contained in the amendments, may result in a firm's proposal not being considered.

F. The bidder shall agree to adhere to any special certification, licenses, or training requirements required byFederal, State or Local Jurisdictions and as required by GAF with respect to existing roofing systems on theconcourse high roof. In addition, LAZ may prevent a Contractor employee from performing duties under thiscontract until the Contractor has substantiated his/her qualifications.

G. Any costs and expenses incurred by bidders in preparing or submitting proposals are the sole responsibilityof the bidder.

H. A bidder must be prepared to present evidence of experience, ability, service facilities, and financialstanding necessary to satisfactorily meet the requirements set forth or implied in the proposal.

I. No additions or changes to the original proposal will be allowed after submission. While changes are notpermitted, clarification of proposals may be required by the State at the bidder’s sole cost and expense.


J. LAZ believes that all information contained within this RFP document, and any related documents, iscomplete and accurate, but cannot guarantee it. It is the responsibility of each Bidder to carefully examine thecontents of this Request for Proposal (RFP) and any related documents. Any ambiguities or inconsistencies shallbe brought in writing to the attention of Paul Freimuth, LAZ Parking, Ltd. no later than June 20th, 2007.

K. LAZ reserves the right to engage in simultaneous discussions with more than one Bidder and to terminatediscussions with any Bidder at any time. LAZ further reserves the right under this selection to award additionalrelated services to the selected Bidder. No award shall be final and effective, and no contract rights shall arise,unless and until a Purchase Order or Contract is issued and executed.

L. The bidder represents and warrants that the proposal is not made in connection with any other bidder and isin all respects fair and without collusion or fraud. The bidder further represents and warrants that they did notparticipate in any part of the RFP development process, had no knowledge of the specific contents of the RFP priorto its issuance, and that no agent, representative or employee of LAZ participated directly in the bidder’s proposalpreparation.

M. All responses to the RFP must conform to instruction. Failure to include any required signatures, providethe required number of copies, meet deadlines, answer all questions, follow the required format, or failure tocomply with any other requirements of this RFP may be considered appropriate cause for rejection of the response.

N. The bidder has reviewed and is in general agreement with the terms and requirements of the samplecontract attached as Exhibit “C”.

O. The Proposal shall assume all liability for loss or damage to materials or work performed, and for death,injury, or property damage from work under this contract, subject to customary contractual limitations.

P. Bidder certifies that materials offered in the Proposal shall be new and shall make no substitutions ofmaterial or equipment specified without prior written consent.

Q. The Proposal shall include insurance in accordance with Insurance Requirements as listed in Article 14,Section 14.3 of the Sample Contract attached as Exhibit “C”.

R. The Proposal shall include the cost of a Payment Bond.

S. Bidder acknowledges that the Implementing Legislation requires that the wages paid on an hourly basis toany mechanic, laborer or workman employed by the Bidder with respect to the on-site work required under thisRFP be at a rate not less than is customary or prevailing for the same work in the same trade or occupation in theCity, unless wage rates for such work are otherwise established pursuant to a project labor agreement. Forpurposes hereof, the determination of wage rates that are “customary or prevailing” shall be in accordance with therequirements of Section 31-53 of the General Statutes.

T. LAZ has employed a Contract Compliance Monitor. The Proposal shall include submission of certifiedpayrolls and completion of Contract Utilization Forms and other paperwork as required by the ContractCompliance Monitor.

U. OPM has employed an Independent Auditor. Time and Material Change Order work is subject to audit bythe Independent Auditor.


V. Terms: Invoice monthly for work completed. Invoicing and payment will be in accordance with Article 9of the Sample Contract attached as Exhibit “C”. All materials and equipment supplied to the project and on-sitework is exempt from Connecticut Sales Tax.

W. Bidder is responsible to disclose any current (within the last three years) business relationships that maypose a conflict of interest.

X. Rejection for Unresolved Contractual Disputes. LAZ reserves the right to reject the final submission ofany Bidder that is party to any on-going contractual dispute with any Agency or Quasi Public Agency of the Stateof Connecticut.

Y. LAZ reserves the right to award in part, to reject any and all submissions in whole or in part, to waivetechnical defect, irregularities and omissions if, in its judgment, the best interest of the State will be served; formisrepresentation or when the Bidder is in default of any prior State contract; or if the submission limits ormodifies any of the terms and conditions and/or specifications of the RFP.

Z. This RFP is not an offer and neither this RFP nor any subsequent discussions shall give rise to anycommitment on the part of LAZ or confer any rights on any bidder unless and until a contract is fully executed bythe necessary parties. The contract document will represent the entire agreement between the bidder and LAZ andwill supersede all prior negotiations, representations or agreements, alleged or made, between the parties. LAZshall assume no liability for payment of services under the terms of the contract until the successful bidder isnotified that the contract has been accepted and approved by LAZ. The contract may be amended only by meansof a written instrument signed by LAZ and the bidder.

AA. Pursuant to Connecticut General Statutes §§ 4-250 and 4-251 and Governor M. Jodi Rell’s ExecutiveOrder No. 7B, paragraph 10(a), bids or proposals for state contracts with a value of $50,000 or more in a calendaror fiscal year and licensing arrangements with a cost to the State greater than $500,000 in a calendar or fiscal yearshall include an executed Gift Affidavit attesting to whether or not gifts were provided to certain public official orState employees during the two-year period preceding the submission of the bid or proposal. Furthermore, anexecuted Gift Affidavit shall also be presented at the execution of the contract covering the period of time betweenthe submission of a bid or proposal and the execution of the contract.

AB. Pursuant to Connecticut General Statutes § 4-250 and Governor M. Jodi Rell’s Executive Order No. 1,paragraph 8, bids or proposals for state contracts with a cost to the State greater than $500,000 in a calendar orfiscal year shall include an executed Campaign Contribution Affidavit disclosing all contributions made tocampaigns of candidates for statewide public office or the General Assembly. Furthermore, an executed CampaignContribution Affidavit shall also be presented at the execution of the contract covering the period of time betweenthe submission of a bid or proposal and the execution of the contract.

AC. Pursuant to Connecticut General Statutes §§ 4-250 and 4-251 and Governor M. Jodi Rell’s ExecutiveOrder No. 1, paragraph 8, an Annual Contract Affidavit shall be submitted annually to update previously submittedgift and campaign contribution affidavits for state contracts with a cost to the State greater than $500,000 in acalendar or fiscal year.

AD. Pursuant to subsection (b) of Section 51 of P.A. No. 05-287, bids or proposals for state contracts with avalue of $50,000 or more in a calendar or fiscal year, excluding leases and licensing agreements of any value, shallinclude a Consulting Agreement Affidavit attesting to whether any consulting agreement has been entered into inconnection with the bid or proposal. Such affidavit shall be required if any duties of the consultant includedcommunications concerning business of such State agency, whether or not direct contact with a State agency, Stateor public official or State employee was expected or made. As used herein "consulting agreement" means anywritten or oral agreement to retain the services, for a fee, of a consultant for the purposes of (A) providing counselto a contractor, vendor, consultant or other entity seeking to conduct, or conducting, business with the State, (B)


contacting, whether in writing or orally, any executive, judicial, or administrative office of the State, including anydepartment, institution, bureau, board, commission, authority, official or employee for the purpose of solicitation,dispute resolution, introduction, requests for information or (C) any other similar activity related to such contract.Consulting agreement does not include any agreements entered into with a consultant who is registered under theprovisions of Chapter 10 of the general statutes as of the date such affidavit is submitted in accordance with theprovisions of Section 51 of P.A. No. 05-287.

AE. Pursuant to subsection (a) of Section 37 of P.A. No. 05-287, bids or proposals for a large state constructionor procurement contract shall include an Affirmation of Receipt of Summary of State Ethics Laws affirming thatthe key employees of such bidder have received, reviewed and understand the Summary and agree to comply withthe provisions of the State ethics laws. “Large state construction or procurement contract" means any contract,having a cost of more than five hundred thousand dollars, for (A) the remodeling, alteration, repair or enlargementof any real asset, (B) the construction, alteration, reconstruction, improvement, relocation, widening or changing ofthe grade of a section of a state highway or a bridge, (C) the purchase or lease of supplies, materials or equipment,as defined in Section 4a-50 of the Connecticut General Statutes, or (D) the construction, reconstruction, alteration,remodeling, repair or demolition of any public building. Furthermore, pursuant to subsection (b) of Section 37 ofP.A. No. 05-287, the bidder shall incorporate and include the Summary in all contracts with any subcontractor orconsultant working or assisting the Contractor with the large state construction or procurement contract. Thebidder shall require in said contracts that the key employees of any subcontractor or consultant affirm that theyhave received, reviewed and understand the Summary and agree to comply with the provisions of the State ethicslaws. The bidder shall supply such affirmations to LAZ promptly.

AF. All proposals in response to this RFP are to be the sole property of LAZ. Bidders are encouraged NOT toinclude in their proposals any information that is proprietary. All materials associated with this procurementprocess are subject to the terms of State laws defining freedom of information and privacy and all rules, regulationsand interpretations resulting from those laws. The Connecticut Freedom of Information Act (FOIA) generallyrequires the disclosure of documents in the possession of the State upon request of any citizen, unless the content ofthe document falls within certain categories of exemption. An example of an exemption is a “trade secret,” asdefined by Connecticut General Statutes Section 1-210(b)(5)(A). Confidential information must be separated andisolated from other material in the proposal and labeled CONFIDENTIAL and enclosed in a separate envelope.

If the bidder indicates that certain documentation, as required by this RFP, is submitted in confidence, byspecifically and clearly marking said documentation as CONFIDENTIAL, LAZ will endeavor to keep saidinformation confidential to the extent permitted by law. LAZ, however, has no obligation to initiate, prosecute ordefend any legal proceeding or to seek a protective order or other similar relief to prevent disclosure of anyinformation pursuant to a FOIA request. As set forth below, the bidder has the burden of establishing theavailability of any FOIA exemption in any proceeding where it is an issue. In no event shall LAZ or any of its staffor representatives have any liability for disclosure of documents or information in the possession of LAZ whichLAZ or such staff or representatives believes to be required pursuant to the FOIA or other requirements of law.

IMPORTANT NOTE: If the information is not readily available to the public from other sources and the biddersubmitting the information requests confidentiality, then the information generally is considered to be “given inconfidence.” A convincing explanation and rationale sufficient to justify each exemption from release consistentwith Section 1-210(b) of the Connecticut General Statutes shall be prepared by the bidder and shall accompany theproposal. The rationales and explanation shall be simply stated in terms of the prospective harm to the competitiveposition of the bidder that would result if the identified information were to be released, and you shall state thereasons why you believe the materials are legally exempt from release pursuant to Section 1-210(b) of theConnecticut General Statutes.


VI. SELECTION CRITERIA

Contract award will be based on the following:

1. Compliance with qualifications

2. Cost Proposal

End of RFP Document


Exhibit “A” – Scope of Work

Project: Complete the Parking Office Tenant Fitout of room #1062 of the CT.Convention Center Parking Garage according to the drawings dated May 25,2007. The project includes; electrical, HVAC, fire protection, masonry,millwork, drywall and framing, bullet proof glazing, doors, windows, acousticalceiling, painting, and floor covering.

Scope of Work; The Base Bid Scope of Work shall include but not be limited to the following:

1. Provide all labor, materials and equipment required to complete the fitout and construct coordinatingwith the existing office conditions of fire, electrical, HVAC, plumbing etc.

2. Bid must include price to complete work in 2 phases. Tenant will occupy approximately half the spaceduring phase #1 and the opposite half during phase #2. See Attachment 1, “Phasing Diagram” fordetails.

3. Bid shall take into account existing site conditions. Bidder is responsible to visit site prior tosubmission of bid.

4. Work shall commence immediately upon award of Contract.

5. All work to be consistent with quality and materials used in the existing room as indicated in theProject Specifications.

6. Base Bid includes the cost of daily clean-up including removal of all rubbish and refuse. The premisesmust be left in satisfactory condition on a daily basis.

7. Provide safety barriers to cordon off work areas as required.

8. The Base Bid shall include the cost of a Payment Bond.

9. This is a prevailing wage job.

10. Cost of Change Order Work shall be based on actual equipment and materials verified by originalinvoice and labor in accordance with labor rates provided on the Bid Form. Bidder shall be allowed amark-up of 10% for overhead and 5% for profit on all work provided by bidder and a mark-up of 5%for profit on all work provided by a subcontractor.

11. This work is exempt from Connecticut State Sales Tax.

12. The warranty/guarantee period will be (1) year from the date of substantial completion.

Bid Alternate #1:

Provide a Bid Alternate price if owner moves the parking control equipment outside the space to allow fullaccess to the contractor and subcontractors without interruption.

EXHIBIT “B”

BID FORM

A. Company Name and Address: _________________________________________________

_________________________________________________

_________________________________________________

Contact Name & Title: _________________________________________________

Telephone Number: _________________________Fax_____________________

Email: _________________________________________________

B. Total Bid – Phases 1,2 $________________________________________

C. Bid Alternate #1 – No Phases $________________________________________

D. Bid Breakdown:

Demo & Masonry $________________________________________

Drywall & Framing $________________________________________

Millwork $________________________________________

Bullet Proof Glazing Systems $________________________________________

Doors & Hardware $________________________________________

Acoustical Ceilings $________________________________________

Painting $________________________________________

Floor Covering $________________________________________

Fire Sprinklers $________________________________________

HVAC $________________________________________

Electric $________________________________________

General Conditions and Fee $________________________________________


F. Cost For Change Orders $______________________________________________________

G. Timeline Durations from Date of Contract

__________________________

Pre-construction __________________________

Installation __________________________

Final Completion __________________________

Exhibit “C”

Standard Form of AgreementBetween Owner and Contractor

This Contract Agreement (hereinafter "Contract") entered into as of the _ _ day of ________ 2007.

BETWEEN the Owner: Capital City Economic Development Authority, a quasi-public authorityestablished by the State of Connecticut, at 50 Columbus Boulevard Suite 400,Hartford, Connecticut 06106 PH: (860) 525-0100 (hereinafter the "Owner")

and the Contractor:(hereinafter "Contractor");

For the Following Project: Complete the Parking Office Tenant Fitout of room #1062 of the CT.Convention Center Parking Garage according to the drawings dated March, 16,2007. The project includes; electrical, HVAC, fire protection, masonry,millwork, drywall and framing, bullet proof glazing, doors, windows, acousticalceiling, painting, and floor covering.

A.The Architect for the Project is; Amenta/Emma Architects, P.C.

Contract Sum: Owner shall pay Contractor for the satisfactory performance and completion ofthe Work not to exceed the total sum of___________________________________ Dollars ($ ___________)(Hereinafter the "Contract Price") which is broken down as follows:


The Owner and the Contractor agree as follows:

ARTICLE 1THE CONTRACT DOCUMENTS

1.1. The Contract Documents consist of (1) this Contract; (2) the Drawings, Specifications, Addenda issuedprior to execution of the Contract between the Owner and Contractor and Modifications issued subsequent to theexecution of the Contract between the Owner and Contractor, and other Contract Documents, if any, listed in theOwner-Contractor Contract. The Contract represents the entire and integrated agreement between the partieshereto and supersedes prior negotiations, representations or agreements, either written or oral. All the aforesaiddocuments (and amendments thereto), which are more specifically described and enumerated in Exhibit “B” areattached and collectively referred to as the “Contract Drawings and Specifications”.

1.2. Documents Incorporated, made part of the Contract Documents and attached by Reference include:

Exhibit “A” The Scope of Work

Exhibit “B” Bid Form

Exhibit “C” Contract Language

Exhibit “D” Plain Language Summary of State Ethics Laws for Current and Potential State

Contractors

Attachment 1 – Full Set of DrawingsAttachment 2 – Specifications for Fire Protection, HVAC, Electrical

ARTICLE 2MUTUAL RIGHTS AND RESPONSIBILITIES

2.1 The Owner and Contractor shall be mutually bound by the terms of this Contract.

2.2 The Owner shall cooperate with the Contractor, scheduling and performing the Contractor's Work to avoidconflicts or interference in the Contractor's Work and shall expedite written responses to submittals madeby the Contractor.

2.3 The Connecticut Convention Center is open for business. The Contractor shall cooperate with the Owner,scheduling and performing the Contractor’s Work to avoid conflicts or interference with scheduled eventsin the building.


ARTICLE 3DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shallbe the date of this Contract, as first written above, unless a different date is stated below or provision is made for the dateto be fixed in a notice to proceed issued by the Owner

3.2 Contractor shall achieve Substantial Completion of the entire Work not later than _______.

ARTICLE 4CONTRACTOR

4.1 EXECUTION AND PROGRESS OF THE WORK

4.1.2 The Contractor shall cooperate with the Owner in scheduling and performing the Contractor'sWork to avoid conflict, delay in or interference with the Work of other Contractors, The Owner'sown forces or scheduled events.

4.1.3 The Contractor shall pay for materials; equipment and labor used in connection with theperformance of this Contract through the period covered by previous payments received from theOwner, and shall furnish satisfactory evidence, when requested by the Owner, to verify compliancewith the above requirements.

4.1.4 The Contractor shall supervise and direct the Work, using the Contractor's best skill andattention. The Contractor shall be solely responsible for and have control over constructionmeans, methods, techniques, sequences and procedures and for coordinating all portions of theWork under the Contract, unless Contract Documents give other specific instructions concerningthese matters.

4.1.5 The Contractor shall enforce strict discipline and good order among the Contractor's employeesand other persons carrying out the Contract. The Contractor shall not permit employment of unfitpersons or persons not skilled in tasks assigned to them.

4.1.6 The Contractor shall comply with and give notices required by laws; ordinances, rules,regulations, and lawful orders of public authorities hearing on performance of the Work.

4.1.7 The Contractor shall keep the premises and surrounding area free from accumulation of wastematerials or rubbish caused by operations under the Contract.

4.1.8 The Contractor will insure that all workers sign in and out each day at the ConnecticutConvention Center Security Office.

4.1.9 Independent Contractor: Contractor represents that it is fully experienced and properlyqualified to perform the services provided for herein, and that it is properly licensed, equipped,organized, and financed to perform such services. Contractor shall act as an independentContractor in performing this Contract, maintaining complete control over its employees and allof its subcontractors. Contractor shall furnish fully qualified personnel to perform the servicesunder this Contract. Contractor shall perform all services in accordance with its methods, subjectto compliance with this Contract and all applicable laws and regulations. It is acknowledged thatservices rendered by the Contractor to the Owner hereunder do not in any way conflict with other


contractual commitments with or by the Contractor. If applicable, Contractor shall deliver copiesof any and all current license(s) and registration(s) relating to the services to be performed underthis Contract to the Owner, at the time of the execution of this Contract, as evidence that such arein full force and effect.

4.1.10 Labor and Personnel: At all times, Contractor shall utilize approved, qualified personnel andany State approved subcontractors necessary to perform the services under this Contract.Contractor shall advise the Owner promptly, in writing, of any labor dispute or anticipated labordispute or other labor related occurrence known to Contractor involving Contractor's employeesor subcontractors which may reasonably be expected to affect Contractor's performance ofservices under this Contract. The Owner may then, at its option, ask Contractor to arrange for atemporary employee(s) or subcontractor(s) satisfactory to the Owner to provide the servicesotherwise performable by Contractor hereunder. The Contractor will be responsible to theOwner for any economic detriment caused the Owner by such subcontract arrangement.Contractor shall, if requested to do so by the Owner, reassign from the Owner's account anyemployee or authorized representatives whom the Owner, in its sole discretion, determines isincompetent, dishonest, or uncooperative. In requesting the reassignment of an employee underthis paragraph, the Owner shall give ten (10) days notice to Contractor of the Owner's desire forsuch reassignment. Contractor will then have five (5) days to investigate the situation andattempt, if it so desires, to satisfy the Owner that the employee should not be reassigned;however, the Owner's decision in its sole discretion after such five (5) day period shall be final.Should the Owner still desire reassignment, then five (5) days thereafter, or ten (10) days fromthe date of the notice of reassignment, the employee shall be reassigned from the Owner'saccount.

4.2 INDEMNIFICATION

4.2.1 Indemnity: Contractor hereby indemnifies and shall defend and hold harmless the Owner, itsofficers, and its employees and the Architect, the Architect's consultants, and agents andemployees of any of them from and against any and all suits, actions, legal or administrativeproceedings, claims, demands, damages, liabilities, monetary loss, interest, attorney's fees, costsand expenses of whatsoever kind or nature arising out of the performance of this Contract,including those arising out of injury to or death of Contractor's employees or subcontractors,whether arising before, during, or after completion of the services hereunder and in any mannerdirectly or indirectly caused, occasioned or contributed to in whole or in part, by reason of anyact, omission, fault or negligence of Contractor or its employees, agents or subcontractors.

4.2.2 In claims against any person or entity indemnified under this Paragraph 4.2 by an employee ofthe Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone forwhose acts they may be liable, the indemnification obligation under this Paragraph 4.2.1 shall notbe limited by a limitation on amount or type of damages, compensation or benefits payable by orfor the Contractor or a Subcontractor under workers' or workmen's compensation acts, disabilitybenefit acts or other employee benefit acts.

4.2.3 The obligations of the Contractor under this Paragraph 4.2 shall not extend to the liability of theArchitect, the Architect's consultants, and agents and employees of any of them arising out of (1)the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, Con-struction Change Directives, designs or specifications, or (2) the giving of or the failure to givedirections or instructions by the Architect, the Architect's consultants and agents and employees ofany of them provided such giving or failure to give is the primary cause of the injury or damage.


4.3 REMEDIES

4.3.1 If the Contractor defaults or neglects to carry out the Work in accordance with this Contract andfails within seven working days after receipt of written notice from the Owner to commence andcontinue correction of such default or neglect with diligence and promptness, the Owner may, afterseven days following receipt by the Contractor of an additional written notice, and withoutprejudice to any other remedy the Owner may have, make good such deficiencies and may deductthe cost thereof from the payments then or thereafter due the Contractor, provided however, that ifsuch action is based upon faulty workmanship or materials and equipment, the Architect shall firsthave determined that the workmanship or materials and equipment are not in accordance withrequirements of the Contract.

4.3.2 If the Owner does not pay the Contractor through no fault of the Contractor, within seven daysfrom the time payment should be made as provided in this Contract, the Contractor may, withoutprejudice to other available remedies, upon seven additional days' written notice to the Owner, stopthe Work of this Contract until payment of the amount owing has been received. The Contract Sumshall, by appropriate adjustment, be increased by the amount of the Contractor's reasonable costs ofshutdown, delay and start-up.

ARTICLE 5CHANGES IN THE WORK

5.1 The Owner may make changes in the Work by issuing Modifications to the Contract. Upon receipt of sucha Modification issued subsequent to the execution of this Contract, the Owner shall promptly notify the Contractorof the Modification. Unless otherwise directed by the Owner, the Contractor shall not thereafter order materials orperform Work, which would be inconsistent with the changes made by the Modifications to the Contract.

5.2 The Contractor may be ordered in writing by the Owner, without invalidating this Contract, to makechanges in the Work within the general scope of this Contract consisting of additions, deletions or other revisions,including those required by Modifications to this Contract issued subsequent to the execution of this Contract, theContract Sum and the Contract Time being adjusted accordingly. The Contractor, prior to the commencement ofsuch changed or revised Work, shall submit promptly to the Owner written copies of a claim for adjustment to theContract Sum and Contract Time for such revised Work in a manner consistent with requirements of the ContractDocuments.

5.3 The Contractor shall make claims promptly to the Owner for additional cost, extensions of time anddamages for delays or other cases in accordance with the Contract Documents.

5.4 Owner shall not be obligated to pay Contractor any additional sums ofmoney over and above the Contract Price for any labor, material, tools,equipment or services of any nature to perform any work on the Project unlesssaid work is beyond the scope and intent of the plans, specifications andContract Documents. No additions or deletions shall be made in the Workunless authorized in writing by Owner. If agreed by Owner, the value of thework for which a change order will be authorized shall be determined by lumpsum or by unit price, if any, stipulated in this Contract for such work. Ifno such prices are stipulated, the value so determined shall not exceed thelesser of the value obtained under the following methods:


5.4.1 By adding or deducting a lump sum or an amount determined by unit price agreed upon by Ownerand Contractor; or

5.4.2 By adding the actual net cost of labor to Contractor, in accordance with established rates whichinclude required benefits, premiums required for workers' compensation and liability insurance andpayroll taxes and the actual cost of materials and equipment, excluding small tools, and such otherdirect costs as Owner may approve, less all savings, discounts, rebates and credits. The Contractorshall be entitled to a mark-up of the actual Change Order Net Cost of fifteen percent (15%) foroverhead and profit on labor, five percent (5%) for overhead and profit on materials and fivepercent (5%) for overhead and profit for work performed by a -subcontractor. Said subcontractor'soverhead and profit shall not exceed fifteen percent (15%).

5.5 Contractor shall submit in writing to Owner all claims within five (5) days from the beginning of the eventfor which the claim is made, otherwise, such claims will be waived. Notwithstanding any other provision of thisContract, the Construction Contract or the Contract Documents to the contrary. Contractor shall carry on the Workand maintain the progress schedule during any litigation proceedings.

5.6 Change Orders and labor rates are subject to review by the project’s independent Auditors.

ARTICLE 6ASSIGNMENT & TERMINATION OF CONTRACT

6.1 ASSIGNMENT OF THE CONTRACT

6.1.1 The Contractor shall not assign the Work of this Contract without the writtenconsent of the Owner, nor subcontract the whole of this Contract without thewritten Consent of the Owner, nor further subcontract portions of this Contractwithout written notification to the Owner.

6.2 TERMINATION FOR CONVENIENCE

6.2.1 Owner shall have the absolute right in its sole discretion to terminate this Contractfor convenience upon fourteen (14) day written notice delivered by certified orregistered mail. If this Contract is terminated for convenience, Contractor shall bepaid the value of the Work performed to that date only, as provided in the ContractDocuments, in accordance with the terms of this Contract. Thereafter, neither partyshall have any further right against the other including, but not limited to, any claimfor lost profits. In such event, Contractor shall deliver to Owner all drawings,specifications, reports, data, calculations and other material obtained byContractor hereunder up to the date of such termination.

6.2.3 If the Contractor persistently or repeatedly fails or neglects to carry out the Work inaccordance with the Contract Documents or otherwise to perform in accordancewith this Contract and fails within seven days after receipt of written notice tocommence and continue correction of such default or neglect with diligence andpromptness, the Owner may, after seven days following receipt by the Contractorof an additional written notice and without prejudice to any other remedy the Ownermay have, terminate the Contract and finish the Contractor's Work by whatevermethod the Owner may deem expedient. In the event of termination for default,Owner may, at its option, enter on the premises and take possession, for the


purpose of completing the Work, of all materials and equipment of Contractor,require Contractor to assign to Owner any or all of its subcontracts or purchaseorders involving the project, or complete the Work either by itself or throughothers, by whatever method or methods Owner deems expedient. In case oftermination for default, Contractor shall not be entitled to receive any furtherpayment until the Work shall be fully completed and accepted by Owner. If theunpaid balance of the Contract Sum exceeds the expense of finishing theContractor's Work, such excess shall be paid to the Owner, but if such expenseexceeds such unpaid balance, the Contractor shall pay the difference to the Owner.Contractor shall pay all reasonable costs of collection, including reasonableattorneys' fees, if any.

ARTICLE 7

APPLICABLE TAXES

7.1 TAXES

7.1.1 The Contract Price includes all applicable Federal, State, county, municipal andother taxes imposed by law and based upon labor, services, materials, equipmentor other items acquired, performed or used for or in connection with the Work,including, but not limited to, sale, use and personal property taxes payable by orlevied or assessed upon the Owner, Contractor, or Subcontractor. Contractor, itssubcontractors and its suppliers shall comply with and the Contract Price includesall costs associated with Social Security acts, unemployment compensation actsand workers' compensation acts. Contractor agrees to indemnify and holdharmless Contractor and Owner from any liability for any taxes imposed upon,arising out of or relating to the Work.

7.1.2 Contractor, if a nonresident contractor, shall provide Owner, upon execution of thisContract, a Certificate from the Commissioner of Revenue Services, Connecticut,stating that it has complied with Section 12-430 (7) of the Connecticut Tax Codeand has posted a cash or guarantee bond with the Commissioner for taxes arisingout of this Contract. If the Contractor does not post a bond to the State, Owner willautomatically withhold 5% of the contract price and deposit the money with theState. A bond must also be posted for all subsequent changes to the work thatincreases the value of the Contract. Work is not to commence on the jobsite untilOwner is in receipt of the Certificate of Compliance.

7.1.3 Sales Tax – In accordance with the Conn. Gen. Stat. 12-412(1)(C), the Adriaen’s Landing Projectis exempt from “sales and use tax of any services or tangible personal property to be incorporatedinto or used or otherwise consumed in (i) the demolition, remediation, or preparation of theAdriaen’s Landing site and the stadium facility site for purpose of the overall project …(ii) theconstruction of the Convention Center, the Stadium Facility and the related parking facilities andsite preparation and infrastructure improvements…(iii) the construction of any future capitalimprovements to the Convention Center, the Stadium Facility or the related parking facilities.


ARTICLE 8THE WORK OF THIS CONTRACT

8.1 The Contractor shall execute the following portion of the Work described in the Contract Documents,including all labor, materials, equipment, services and other items required to complete such portion of the Work,except to the extent specifically indicated in the Contract Documents to be the responsibility of others:

See Exhibit “A” The Scope of Work

8.2 The Contractor shall promptly correct Work rejected by the Architect for failing to conform to therequirements of the Contract Documents, whether observed before or after Substantial Completion and whether ornot fabricated, installed or completed, and shall correct any Work found to be not in accordance with therequirements of the Contract Documents within a period of one year from the date of Substantial Completion of theContract or by terms of an applicable special warranty required by the Contract Documents.

ARTICLE 9PROGRESS PAYMENTS

9.1 Based upon Applications for Payment submitted by the Contractor and approved by the Owner, the Ownershall make progress payments on account of the Contract Sum as provided in the Contract Documents, providedhowever that the payment shall be reduced by a seven (7%) percent retainage amount, which retainage amountshall be held by the Owner until substantial completion of the Project. Retainage held on individual line items maybe released earlier at the Owner’s discretion. The period covered by each Application for Payment shall be onecalendar month ending on the last day of the month, or as follows:

9.1.1 Contractor to submit a draft “pencil” Application For Payment on the twenty-fifth day of themonth for work completed as of the end of the month. Upon approval by the Owner, theContractor will submit the Application For Payment on or about the first day of the followingmonth.

9.1.2 With each application for payment; the Contractor and each subcontractor and supplier shallsubmit lien waivers, unconditional to the extent of previous payments received.

9.1.3 The Contractor shall be compensated for fees based upon work performed, documented, andaccepted by the Owner.

9.1.4 The Contractor shall submit invoices on a periodic basis, not less often than monthly. Invoicesshall, at a minimum, include the Contractor name, the Contract Number, the Contractor’s FederalEmployer Identification Number, the billing period, and an itemization of expenses by line item(Approved Schedule of Values).

9.1.5 Upon receipt of payment from the Owner, Contractor shall, except for proper Project disputeswith its Subcontractors, promptly pay all bills for labor and material performed and furnished byothers in connection with the construction, furnishing and equipping of the improvements and theperformance of the subject Work.

9.1.6 Prevailing Wage/Project Labor Agreement: The Contractor agrees, directly or througharrangements with its Subcontractors to insure that the wages paid on an hourly basis to anymechanic, labor or workman employed by the Contractor or any such Subcontractor with respect tothe construction of the Work shall be at a rate customary or prevailing for the same work in the


same trade or occupation in the City of Hartford. For purposes hereof, the determination of wagerates that are "customary or prevailing" shall be in accordance with the requirements of Section 31-53 of the C.G.S.

9.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties,(3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment, (4)reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price if any, (5)damage to the Owner or another contractor. 6) Reasonable evidence that the Work will not be completed Withinthe Contract Time and that the unpaid balance of the Contract Value if any would not be adequate to cover actualwork which requires completion

ARTICLE 10ADMINISTRATION OF THE CONTRACT

10.1 Any claim, dispute or other matter in question arising out of or relating to this Contract or breachthereof shall be subject to and decided in accordance with the provisions of Section 4-61 C.G.S., as revised.

ARTICLE 11

PAYMENTS AND COMPLETION

11.1 Final payment shall not become due until the Contractor has delivered to the Owner a complete release ofall liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a liencould be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remainsunsatisfied after payments are made, the Contractor shall refund to the owner all money the Owner may becompelled to pay in discharging such lien, including all costs and reasonable attorneys' fees.

11.2 The making of final payment shall constitute a waiver of claims by the Owner except those arising from:

11.2.1 Liens, claims, security interests or encumbrances arising out of the Contract and unsettled;

11.2.2 Failure of the Work to comply with the requirements of the Contract Documents; or

11.2.3 Terms of special warranties required by the Contract Documents.

11.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute awaiver of claims by that payee except those previously made in writing and identified by that payee asunsettled at the time of final Application for Payment

ARTICLE 12PROTECTION OF PERSONS AND PROPERTY

12.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions andprograms in connection with the performance of the Contract.

12.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection toprevent damage, injury or loss to:


12.2.1 Employees on the Work and other persons who may be affected thereby:

12.2.2 The Work and materials and equipment to be incorporated therein, whether in storage on or off thesite, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and

12.2.3 Other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,roadways, structures and utilities not designated for removal relocation or replacement in thecourse of construction.

12.3 The Contractor shall erect and maintain, as required by existing conditions and performance of theContract, reasonable safeguards for safety and protection, including posting danger signs and other warningsagainst hazards, promulgating safety regulations and notifying the Convention Center Operator, owners and usersof adjacent sites and utilities.

12.4 The Contractor shall not load or permit any part of the building, construction or site to be loaded so as toendanger its safety.

ARTICLE 13CORRECTION OF WORK

13.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to therequirements of the Contract Documents, whether observed before or after Substantial Completion and whether ornot fabricated, installed or completed. The Contractor bear the costs of correcting such rejected Work, includingadditional testing and inspections and compensation for the Architect’s services and expenses made necessarythereby.

ARTICLE 14MISCELLANEOUS PROVISIONS

14.1 Laws and Regulations: This Contract shall be interpreted under and governed by the laws of the State ofConnecticut. Contractor, its employees and representatives shall at all times comply with all applicable laws,ordinances, statutes, rules, regulations, and orders of governmental authorities, including those having jurisdictionover its registration and licensing to perform services under this Contract.

14.2 Entire Agreement: This Contract embodies the entire agreement between the Owner and Contractor onthe matters specifically addressed herein. The parties shall not be bound by or be liable for any statement,representation, promise, inducement, or understanding of any kind or nature not set forth herein. This Contractshall supersede all prior written agreements between the parties and their predecessors. No changes, amendments,or modifications of any of the terms or conditions of the Contract shall be valid unless reduced to writing andsigned by both parties. This Contract shall inure to the benefit of each party's heirs, successors, and assigns.

14.3 Insurance Requirements:

14.3.1 The Contractor, at its sole expense, agrees to secure and keep in full force and effect at all timesduring the term of this Contract as defined in Article 3 above, a three million dollar ($3,000,000)liability insurance policy or policies provided by an insurance company or companies licensed todo business in the State of Connecticut. Said policy or policies shall cover all of the Contractor'sactivities under this Contract and shall state that it is primary insurance in regard to the Owner, itsofficers and employees. The following shall be named as an additional insureds:


The State of Connecticut Office of Policy and Management

Capitol City Economic Development Autority

Waterford Development LLC

Waterford Venue Services Hartford, LLC

14.3.2 In addition, the Contractor shall at its sole expense maintain in effect at all times during theperformance of its obligations hereunder the following additional insurance coverages with limitsnot less than those set forth below with insurers and under forms of policies approved by the StateInsurance Commissioner to do business in Connecticut:

Coverage: Minimum Amounts and Limits

1. Workers' Compensation Connecticut Statutory Requirements

2. Employer's Liability To the extent included under Workers'Compensation Insurance Policy

3. Adequate comprehensive Vehicle Liability Insurance covering all vehiclesowned or leased by Contractor and in the course of work under thisAgreement:

a. Bodily Injury Insurance meeting Connecticut statutory requirements;b. Property Damage Insurance meeting Connecticut statutory requirements;

14.3.3 None of the requirements contained herein as to types, limits, and approval of insurance coverageto be maintained by Contractor are intended to and shall not in any way limit or qualify theliabilities and obligations assumed by Contractor under this Agreement.

14.3.4 Contractor shall deliver Certificates of Insurance relating to all of the above referenced coveragesto the State at the time of the execution of this Agreement as evidence that policies providing suchcoverage and limits of insurance are in full force and effect, which Certificate shall provide that noless than thirty (30) days advance notice will be given in writing to the State prior to cancellation,termination or alteration of said policies of insurance.

14.4 Bond Requirements: The Contractor shall furnish a bond covering payment of obligations arising underperformance of the Contract.

ARTICLE 15OTHER CONDITIONS OR PROVISIONS

15.1 Conflicts, Errors, Omissions, and Discrepancies: In case of conflicts, discrepancies, errors, oromissions among the various parts of this Contract, any such matter shall be submitted immediately by Contractorto the Owner for clarification. The Owner shall issue such clarification within a reasonable period of time. Anyservices affected by such conflicts, discrepancies, errors, or omissions which are performed by Contractor prior toclarification by the Owner shall be at Contractor's risk.

15.2 Nondisclosure: Contractor shall not release any information concerning the services provided pursuant tothe Contract or any part thereof to any member of the public, press, business entity or any official body unless priorwritten consent is obtained from the Owner.


15.3 Quality Surveillance and Examination of Records: All services performed by Contractor shall besubject to the inspection and approval of the Owner at all times, and Contractor shall furnish all informationconcerning the services. The Owner or its representatives shall have the right at reasonable hours to examine anybooks, records, and other documents of Contractor or its subcontractors pertaining to work performed under thisContract and shall allow such representatives free access to any and all such books and records. The Owner willgive the Contractor at least twenty-four (24) hours notice of such intended examination. At the Owner's request,the Contractor shall provide the Owner with hard copies of or magnetic disk or tape containing any data orinformation in the possession or control of the Contractor which pertains to the Owner's business under thisContract. The Contractor shall incorporate this paragraph verbatim into any Agreement it enters into with anysubcontractor providing services under this Contract. The Contractor shall retain and maintain accurate recordsand documents relating to performance of services under this Contract for a minimum of three (3) years after thefinal payment by the Owner and shall make them available for inspection and audit by the Owner. In the event thatthis Contract constitutes a grant Agreement, and the Contractor is a public or private agency other than anotherOwner agency, the Contractor shall provide for an audit acceptable to the Owner, in accordance with the provisionsof Connecticut General Statutes § 7-396a.

15.4 Non-Waiver: None of the conditions of this Contract shall be considered waived by the Owner or theContractor unless given in writing. No such waiver shall be a waiver of any past or future default, breach, ormodification of any of the conditions of this Contract unless expressly stipulated in such waiver.

15.5 Promotion: Unless specifically authorized in writing by the Secretary of OPM, on a case by case basis,Contractor shall have no right to use, and shall not use, the name of the State of Connecticut, its officials, agencies,or employees or the seal of the State of Connecticut or its agencies (1) in any advertising, publicity, promotion; or(2) to express or to imply any endorsement of Contractor's products or services; or (3) to use the name of the Stateof Connecticut, its officials, agencies, or employees or the seal of the State of Connecticut or its agencies in anyother manner (whether or not similar to uses prohibited by subparagraphs (1) and (2) above), except only tomanufacture and deliver in accordance with this Contract such items as are hereby contracted for by the Owner. Inno event may the Contractor use the State Seal in any way without the express written consent of the Secretary ofState.

15.6 Confidentiality: All data provided to Contractor by the Owner or developed internally by Contractor withregard to the Owner will be treated as proprietary to the Owner and confidential unless the Owner agrees in writingto the contrary. Contractor agrees to forever hold in confidence all files, records, documents, or other informationas designated, whether prepared by the Owner or others, which may come into Contractor's possession during theterm of this Contract, except where disclosure of such information by Contractor is required by other governmentalauthority to ensure compliance with laws, rules, or regulations, and such disclosure will be limited to that actuallyso required. Where such disclosure is required, Contractor will provide advance notice to the Owner of the needfor the disclosure and will not disclose absent consent from the Owner.

15.7 Subpoenas: In the event the Contractor's records are subpoenaed pursuant to Connecticut General Statutes§ 36a-43, the Contractor shall, within twenty-four (24) hours of service of the subpoena, notify the persondesignated for the Owner in Article 15.26 of this Contract of such subpoena. Within thirty-six (36) hours ofservice, the Contractor shall send a written notice of the subpoena together with a copy of the same to the persondesignated for the Owner in Article 15.26 of this Contract.

15.8 Survival: The rights and obligations of the parties which by their nature survive termination or completionof the Contract, including but not limited to those set forth herein in sections relating to Indemnity, Nondisclosure,Promotion, and Confidentiality of this Contract, shall remain in full force and effect.

15.9 Americans with Disabilities Act: This clause applies to those Contractors which are or will becomeresponsible for compliance with the terms of the Americans with Disabilities Act of 1990 during the term of thisContract. Contractor represents that it is familiar with the terms of this Act and that it is in compliance with the


law. Failure of the Contractor to satisfy this standard either now or during the term of this Contract as it may beamended will render the contract voidable at the option of the Owner upon notice to the Contractor. Contractorwarrants that it will hold the Owner harmless from any liability which may be imposed upon the Owner as a resultof any failure of the Contractor to be in compliance with this Act.

15.10 Non-Discrimination and Executive Orders:

15.10.1 (a) For the purposes of this Section, "minority business enterprise" means any small Contractor orsupplier of materials fifty-one percent or more of the capital stock, if any, or assets of which isowned by a person or persons: (1) who are active in the daily affairs of the enterprise, (2) whohave the power to direct the management and policies of the enterprise, and (3) who are membersof a minority, as such term is defined in subsection (a) of Connecticut General Statutes § 32-9n;and "good faith" means that degree of diligence which a reasonable person would exercise in theperformance of legal duties and obligations. "Good faith efforts" shall include, but not be limitedto, those reasonable initial efforts necessary to comply with statutory or regulatory requirementsand additional or substituted efforts when it is determined that such initial efforts will not besufficient to comply with such requirements. For purposes of this Section, "Commission" meansthe Commission on Human Rights and Opportunities. For purposes of this Section, "Public workscontract" means any Agreement between any individual, firm or corporation and the State or anypolitical subdivision of the State other than a municipality for construction, rehabilitation,conversion, extension, demolition or repair of a public building, highway or other changes orimprovements in real property, or which is financed in whole or in part by the State, including, butnot limited to, matching expenditures, grants, loans, insurance or guarantees.

15.10.2 (b) (1) The Contractor agrees and warrants that in the performance of the contract such Contractorwill not discriminate or permit discrimination against any person or group of persons on thegrounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, mentalretardation or physical disability, including, but not limited to, blindness, unless it is shown bysuch Contractor that such disability prevents performance of the work involved, in any mannerprohibited by the laws of the United States or of the State of Connecticut. The Contractor furtheragrees to take affirmative action to insure that applicants with job-related qualifications areemployed and that employees are treated when employed without regard to their race, color,religious creed, age, marital status, national origin, ancestry, sex, mental retardation, or physicaldisability, including, but not limited to, blindness, unless it is shown by the Contractor that suchdisability prevents performance of the work involved; (2) the Contractor agrees, in all solicitationsor 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 theCommission; (3) the Contractor agrees to provide each labor union or representative of workerswith which the Contractor has a collective bargaining Agreement or other contract orunderstanding and each vendor with which the Contractor has a contract or understanding, a noticeto be provided by the Commission, advising the labor union or worker's representative of theContractor's commitments under this section and to post copies of the notice in conspicuous placesavailable to employees and applicants for employment; (4) the Contractor agrees to comply witheach provision of this Section and Connecticut General Statutes §§ 46a-68e and 46a-68f and witheach regulation or relevant order issued by said Commission pursuant to Connecticut GeneralStatutes § 46a-56, as amended by Section 5 of Public Act 89-253, Connecticut General Statutes §46a-68e and Connecticut General Statutes § 46a-68f; (5) the Contractor agrees to provide theCommission on Human Rights and Opportunities with such information requested by theCommission, and permit access to pertinent books, records and accounts, concerning theemployment practices and procedures of the Contractor as relate to the provisions of this Sectionand 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 businessenterprises as subcontractors and suppliers of materials on such public works projects.

15.10.3 (c) Determination of the Contractor's good faith efforts shall include, but shall not be limited to, thefollowing factors: The Contractor's employment and subcontracting policies, patterns andpractices; affirmative advertising, recruitment and training; technical assistance activities and suchother reasonable activities or efforts as the Commission may prescribe that are designed to ensurethe participation of minority business enterprises in public works projects.

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

15.10.5 (e) The Contractor shall include the provisions of subsection (b) of this Section in everysubcontract or purchase order entered into in order to fulfill any obligation of a contract with theOwner and such provisions shall be binding on a subcontractor, vendor or manufacturer unlessexempted by regulations or orders of the Commission. The Contractor shall take such action withrespect to any such subcontract or purchase order as the Commission may direct as a means ofenforcing such provisions including sanctions for noncompliance in accordance with ConnecticutGeneral Statutes §46a-56, as amended by Section 5 of Public Act 89-253; provided if suchContractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor asa result of such direction by the Commission, the Contractor may request the State of Connecticutto enter into any such litigation or negotiation prior thereto to protect the interests of the State andthe State may so enter.

15.10.6 (f) The Contractor agrees to comply with the regulations referred to in this Section as they exist onthe date of this Contract and as they may be adopted or amended from time to time during the termof this Contract and any amendments thereto.

15.10.7 (g) The Contractor agrees to the following provisions: The Contractor agrees and warrants that inthe performance of the Contract such Contractor will not discriminate or permit discriminationagainst any person or group of persons on the grounds of sexual orientation, in any mannerprohibited by the laws of the United States or the State of Connecticut, and the employees aretreated when employed without regard to their sexual orientation; the Contractor agrees to provideeach labor union or representative of workers with which such Contractor has a collectivebargaining Agreement or other contract or understanding and each vendor with which suchContractor has a contract or understanding, a notice to be provided by the Commission on HumanRights and Opportunities advising the labor union or workers' representative of the Contractor'scommitments under this section, and to post copies of the notice in conspicuous places available toemployees and applicants for employment; the Contractor agrees to comply with each provision ofthis section and with each regulation or relevant order issued by said Commission pursuant toConnecticut General Statutes §46a-56; the Contractor agrees to provide the Commission onHuman Rights and Opportunities with such information requested by the Commission, and permitaccess to pertinent books, records and accounts, concerning the employment practices andprocedures of the Contractor which relate to the provisions of this Section and Connecticut GeneralStatutes § 46a-56.

15.10.8 (h) The Contractor shall include the provisions of the foregoing paragraph in every subcontract orpurchase order entered into in order to fulfill any obligation of a contract with the State and suchprovisions shall be binding on a subcontractor, vendor or manufacturer unless exempted byregulations or orders of the Commission. The Contractor shall take such action with respect to anysuch subcontract or purchase order as the Commission may direct as a means of enforcing suchprovisions 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 asubcontractor or vendor as a result of such direction by the Commission, the Contractor mayrequest the State of Connecticut to enter into any such litigation or negotiation prior thereto toprotect the interests of the State and State may so enter.

15.10.9 This Contract is subject to the provisions of Executive Order No. Three of Governor Thomas J.Meskill promulgated June 16, 1971, and, as such, this Contract may be canceled, terminated orsuspended by the State Labor Commissioner for violation of or noncompliance with said ExecutiveOrder No. Three, or any State or federal law concerning nondiscrimination, notwithstanding thatthe Labor Commissioner is not a party to this Contract. The parties to this Contract, as part of theconsideration hereof, agree that said Executive Order No. Three is incorporated herein by referenceand made a part hereof. The parties agree to abide by said Executive Order and agree that the StateLabor Commissioner shall have continuing jurisdiction in respect to contract performance inregard to nondiscrimination until the Contract is completed or terminated prior to completion. TheContractor agrees, as part consideration hereof, that this Contract is subject to the Guidelines andRules issued by the State Labor Commissioner to implement Executive Order No. Three, and thatit will not discriminate in its employment practices or policies, will file all reports as required, andwill fully cooperate with the State of Connecticut and the State Labor Commissioner. ThisContract is subject to the provisions of Executive Order No. Seventeen of Governor Thomas J.Meskill promulgated February 15, 1973, and, as such, this Contract may be canceled, terminated orsuspended by the contracting agency or the State Labor Commissioner for violation of ornoncompliance with said Executive Order No. Seventeen, notwithstanding that the LaborCommissioner may not be party to this Contract. The parties to this Contract, as part of theconsideration hereof, agree that Executive Order No. Seventeen is incorporated herein by referenceand made a part hereof. The parties agree to abide by said Executive Order and agree that thecontracting agency and the State Labor Commissioner shall have joint and several continuingjurisdiction in respect to contract performance in regard to listing all employment openings withthe Connecticut State Employment Service.

15.10.10 Contract Compliance Monitoring: The Contractor acknowledges that subsection (i) ofSection 32-656 Conn. Gen. Stat., as amended, requires the Owner to select and appoint anindependent construction contract compliance officer or agent (the "Contract Compliance Officer")to monitor compliance by the Contractor with the provisions of applicable state law relating to set-asides for small contractors and minority business enterprises and required efforts to hire availableand qualified members of minorities and available and qualified residents of the City of Hartfordfor construction jobs with respect to the Project. Pursuant to such subsection, the ContractCompliance Officer is required to file quarterly reports of findings and recommendations with theOwner. The Contractor agrees (a) to cooperate and to cause its Subcontractors to cooperate withthe Contract Compliance Officer, (b) to provide and to cause the Contractor and its Subcontractorsto provide such information with respect to job recruitment, job offers, employee residence, wagerates, subcontract awards to small contractors and minority business enterprises, and other relevantwork force, payroll and subcontracting records as may be reasonably requested from time to timeby the Contract Compliance Officer.

15.11 Violence in the Workplace Prevention: This Contract is subject to the provisions of Executive OrderNo. 16 of Governor John G. Rowland promulgated August 4, 1999 and, as such, the contract may be canceled,terminated or suspended by the Owner for violation of or noncompliance with said Executive Order No. 16. Theparties to this contract, as part of the consideration hereof, agree that said Executive Order No. 16 is incorporatedherein by reference and made a part hereof. The parties agree to abide by such Executive Order.


15.12 Sovereign Immunity: Notwithstanding any provisions to the contrary contained in this Contract, it isagreed and understood that the State of Connecticut shall not be construed to have waived any rights or defenses ofsovereign immunity which it may have with respect to all matters arising out of this Contract.

15.13 Severability: If any part or parts of this Contract shall be held to be void or unenforceable, such part orparts shall be treated as severable, leaving valid the remainder of this Contract notwithstanding the part or partsfound to be void or unenforceable.

15.14 Headings: The titles of the several sections, subsections, and paragraphs set forth in this Contract areinserted for convenience of reference only and shall be disregarded in construing or interpreting any of theprovisions of this Contract.

15.15 Third Parties: The Owner shall not be obligated or liable hereunder to any party other than theContractor.

15.16 Non Waiver: In no event shall the making by the Owner of any payment to the Contractor constitute or beconstrued as a waiver by the Owner of any breach of covenant, or any default which may then exist, on the part ofthe Contractor and the making of any such payment by the Owner while any such breach or default exists shall inno way impair or prejudice any right or remedy available to the Owner in respect to such breach or default.

15.17 Contractor Certification:

15.17.1 The Contractor certifies that the Contractor has not been convicted of bribery or attempting tobribe an officer or employee of the Owner, nor has the Contractor made an admission of guilt ofsuch conduct which is a matter of record.

15.17.2 Large State Contracts: Pursuant to Connecticut General Statutes §§ 4-250, 4-251 and 4-252,Contractor must present at the execution of each large State contract (having a total cost to theState of more than $500,000 in a calendar or fiscal year) an executed gift affidavit, whichContractor shall update on an annual basis in accordance with paragraph 8 of Governor M. JodiRell’s Executive Order No. 1. In addition, pursuant to paragraph 8 of Governor M. Jodi Rell’sExecutive Order No. 1, anyone who executes and files said gift affidavit shall also execute and filea campaign contribution affidavit disclosing all contributions made to campaigns of candidates forstatewide public office or the General Assembly.

15.17.3 Governor M. Jodi Rell’s Executive Order No. 7B: Pursuant to Governor M. Jodi Rell’sExecutive Order No. 7B, paragraph 10(a), Contractor shall comply with the gift affidavitrequirements of Connecticut General Statutes §§ 4-250 and 4-251 for all personal serviceagreement contracts with a value of $50,000 or more in a calendar or fiscal year by executing andfiling said gift affidavit with CCEDA.

15.17.4 State Contracting Standards Board: Pursuant to paragraph 6(a) of Governor M. Jodi Rell’sExecutive Order No. 7B, Contractor acknowledges and accepts that, for cause, the StateContracting Standards Board may review and recommend, for CCEDA’s consideration and finalCCEDA determination, termination of this contract. “For Cause” means: (1) a violation of theState ethics laws (Chapter 10 of the Connecticut General Statutes) or Connecticut General Statutes§ 4a-100 or (2) wanton or reckless disregard of any State contracting and procurement process byany person substantially involved in such contract or State contracting agency.

15.17.5 Large State Construction Or Procurement Contract: Pursuant to subsection (a) of Section 37of P.A. No. 05-287, every contractor to a large State construction or procurement contract shallreview the summary of State ethics laws developed by the State Ethics Commission pursuant to


Connecticut General Statutes Section 1-81b (the “Summary”) and shall promptly affirm toCCEDA in writing that the key employees of such Contractor have received, reviewed andunderstand the Summary and agree to comply with the provisions of the State ethics laws. A copyof the Summary is attached and incorporated herein as Attachment B. Pursuant to subsection (b)of Section 37 of P.A. No. 05-287, Contractor shall incorporate and include the Summary in allcontracts with any subcontractor or consultant working or assisting the Contractor with the largestate construction or procurement contract. Contractor shall require in said contracts that the keyemployees of any subcontractor or consultant affirm that they have received, reviewed andunderstand the Summary and agree to comply with the provisions of the State ethics laws.Contractor shall supply such affirmations to CCEDA promptly. “Large state construction orprocurement contract" means any contract, having a cost of more than five hundred thousanddollars, for (A) the remodeling, alteration, repair or enlargement of any real asset, (B) theconstruction, alteration, reconstruction, improvement, relocation, widening or changing of thegrade of a section of a state highway or a bridge, (C) the purchase or lease of supplies, materials orequipment, as defined in Section 4a-50 of the Connecticut General Statutes, or (D) theconstruction, reconstruction, alteration, remodeling, repair or demolition of any public building.

15.17.6 Disclosure of Consulting Agreements: Pursuant to subsection (b) of Section 51 of P.A. No. 05-287, the chief official of the Contractor, for all contracts with a value to the State of fifty thousanddollars or more in any calendar or fiscal year, shall attest in an affidavit as to whether anyconsulting agreement has been entered into in connection with such contract. Such affidavit shallbe required if any duties of the consultant included communications concerning business of suchState agency, whether or not direct contact with a State agency, State or public official or Stateemployee was expected or made. As used herein "consulting agreement" means any written ororal agreement to retain the services, for a fee, of a consultant for the purposes of (A) providingcounsel to a contractor, vendor, consultant or other entity seeking to conduct, or conducting,business with the State, (B) contacting, whether in writing or orally, any executive, judicial, oradministrative office of the State, including any department, institution, bureau, board,commission, authority, official or employee for the purpose of solicitation, dispute resolution,introduction, requests for information or (C) any other similar activity related to such contract.Consulting agreement does not include any agreements entered into with a consultant who isregistered under the provisions of Chapter 10 of the general statutes as of the date such affidavit issubmitted in accordance with the provisions of Section 51 of P.A. No. 05-287.

15.17.7 Retaliation Prohibition: Pursuant to subsections (e) and (f) of Section 47 of P.A. No. 05-287, alarge state contractor shall be liable for a civil penalty of not more than five thousand dollars foreach offense, up to a maximum of twenty per cent of the value of the contract, if an officer,employee or appointing authority of a large state contractor takes or threatens to take any personnelaction against any employee of the large state contractor in retaliation for such employee'sdisclosure of information to any employee of the contracting State or quasi-public agency or theAuditors of Public Accounts or the Attorney General under the provisions of subsection (a) ofSection 47 of P.A. No. 05-287. Each violation shall be a separate and distinct offense and in thecase of a continuing violation each calendar day's continuance of the violation shall be deemed tobe a separate and distinct offense. Each large state contractor shall post a notice of the provisionsof this section relating to large state contractors in a conspicuous place which is readily availablefor viewing by the employees of the contractor. As used in Section 47 of P.A. No. 05-287, a “largestate contract" means a contract between an entity and a state or quasi-public agency having avalue of five million dollars or more and (2) "large state contractor" means an entity that hasentered into a large state contract with a state or quasi-public agency.

15.17.8 Political Contributions: This Contract is subject to the provisions of Conn. Gen. Stat. Section 9-333n(g).


15.17.8.1 (A) In accordance with said statute, the following definitions apply for purposes ofthis section: (1)"State contractor" means a person, business entity or nonprofitorganization that enters into a state contract. Such person, business entity or nonprofitorganization shall be deemed to be a state contractor until the termination of saidcontract. "State contractor" does not include a municipality or any other politicalsubdivision of the state or an employee in the executive, legislative or judicial branchof state government or a quasi-public agency, whether in the classified or unclassifiedservice and full or part-time, and only in such person's capacity as a state or quasi-public agency employee. (2)"Prospective state contractor" means a person, businessentity or nonprofit organization that (i) submits a bid in response to a bid solicitationby the state, a state agency or a quasi-public agency, or a proposal in response to arequest for proposals by the state, a state agency or a quasi-public agency, until thecontract has been entered into, or (ii) holds a valid prequalification certificate issuedby the Commissioner of Administrative Services under section 4a-100. "Prospectivestate contractor" does not include a municipality or any other political subdivision ofthe state or an employee in the executive, legislative or judicial branch of stategovernment or a quasi-public agency, whether in the classified or unclassified serviceand full or part-time, and only in such person's capacity as a state or quasi- publicagency employee. (3)"Principal of a state contractor or prospective state contractor"means (i) an individual who is a member of the board of directors of, or has anownership interest in, a state contractor or prospective state contractor, which is abusiness entity, except for an individual who (I) owns less than five per cent of theshares of any such state contractor or prospective state contractor that is a publiclytraded corporation, or (II) is a member of the board of directors of a nonprofitorganization qualified under Section 501(c)(3) of the Internal Revenue Code of 1986,or any subsequent corresponding internal revenue code of the United States, as fromtime to time amended, (ii) an individual who is employed by a state contractor orprospective state contractor, which is a business entity, as president, treasurer orexecutive or senior vice president, (iii) an individual who is the chief executive officerof a state contractor or prospective state contractor, which is not a business entity, (iv)an employee of any state contractor or prospective state contractor who has managerialor discretionary responsibilities with respect to a state contract, (v) the spouse or adependent child of an individual described in this subparagraph, or (vi) a politicalcommittee established by or on behalf of an individual described in this subparagraph.

15.17.8.2 (B) No principal of a state contractor or prospective state contractor shall make acontribution to, or solicit contributions on behalf of (i) an exploratory committee orcandidate committee established by a candidate for nomination or election to the officeof Governor, Lieutenant Governor, Attorney General, State Comptroller, Secretary ofthe State or State Treasurer, (ii) a political committee authorized to make contributionsor expenditures to or for the benefit of such candidates, or (iii) a party committee.

15.17.8.3 (C) If a principal of a state contractor makes or solicits a contribution prohibited undersubparagraph (B) of this section, the State may void this Contract and no state agencyor quasi-public agency shall award the state contractor a state contract or an extensionor an amendment to a state contract for one year after the election for which suchcontribution is made or solicited. Any claim, dispute or other matter in questionarising out of or relating to this Contract or breach thereof shall be subject to anddecided in accordance with the provisions of Section 4-61 C.G.S., as revised.

15.18 Notwithstanding anything herein to the contrary, the Owner, and the Contractor each hereby waive any andall claims against the other for consequential losses and/or damages arising out of or relating to this


Contract and/or to the Work thereof whether arising in contract, warranty, tort (including negligence), strictliability or otherwise including, but not necessarily limited to, losses and/or damages incurred by theOwner or the Contractor for rental, and/or other expenses, for loss of use, income, profit, financing,business and reputation and for loss of management or employee productivity or of the services of suchpersons.

15.19 Notice: Unless otherwise expressly provided to the contrary, any other notice provided under this Contractshall be in writing and may be delivered personally or by certified or registered mail. All notices shall beeffective if delivered personally, or by certified or registered mail, to the following addresses:

Owner: Capital City Economic Development Authority50 Columbus Boulevard Suite 400, Hartford, CT 06106

Contractor:

Any request for written notice under this Contract shall be made in the manner set forth in thissection. The parties may change their respective addresses for notices under this paragraph uponprior written notification to the other.

This Contract entered into as of the day and year first written above.

OWNER CONTRACTOROn Behalf of:Capital City Economic Development AuthorityIn Accordance with Project Team Approval

_________________________________________ __________________________________________(Signature) (Signature)

_________________________________________ __________________________________________Name (Please Print) Name (Please Print)

End Document

Exhibit “D”

Plain Language Summary of State Ethics Laws for Current and Potential State Contractors

Note: The following is a summary of the major ethics laws and related provisions applicable to current andpotential state contractors. For more detailed information or to discuss any questions you may have, contact theOffice of State Ethics at (860) 566-4472.

RESTRICTIONS ON THE BENEFITS YOU MAY GIVE TO STATE PERSONNEL

GIFTS: In general, no one doing business with or seeking business from a state or quasi-public agency may give agift to an official or employee of that agency. Connecticut’s gift ban is strict, but has some exceptions. Forexample, under the Ethics Code, you may give: (1) food and drink up to $50 per person per year, if the personpaying, or his or her representative, is in attendance; and (2) tangible gifts up to $10 per item up to $50 per personper year. Also exempt are certain items such as informational materials, or plaques costing less than $100. For acomplete list of the Code’s gift exceptions, consult Conn. Gen. Stat. § 1-79(e) or contact the Office of State Ethics.

IMPORTANT RECENT CHANGE IN LAW: As of July 1, 2004, gifts for “major life events,” including awedding or the birth of a child, which were previously exempt from the gift ban, are now subject to the strict giftlimits outlined above if the gifts are provided by any individual or entity doing business with or seeking businessfrom the state.

NOTE: State agencies may have stricter gift rules than the provisions of the Ethics Code (for example, an agencypolicy may ban all food and drink). Be sure to obtain a copy of the agency’s ethics policy before you provide anybenefit to an agency official/employee.

NECESSARY EXPENSES: Under the Ethics Code, you may not pay a fee or an honorarium to a state official oremployee for making a speech or appearing at your organization’s event. You may, however, under limitedcircumstances, pay the “necessary expenses” of such a state servant. These expenses are limited to: necessarytravel, lodging for the nights before, or and after the speech, meals and conference fees. There may be reportingrequirements attached to the giving and taking of necessary expenses, so contact the Office of State Ethics if youneed more information. NOTE: Before providing necessary expenses, check with the state agency’s ethics officerto determine if the agency allows such payments.

GIFTS TO THE STATE: The Ethics Code allows limited “gifts to the state” which facilitate state action orfunctions (for example, donating a piece of equipment to the agency).

NOTE: Recent legislation was passed that may impact gifts to the state. Please contact the Office of State Ethicsbefore giving a gift to the state to determine if such donations are acceptable.

RULES ON HIRING STATE PERSONNEL

Before you hire a current or former state employee, you should be aware of certain provisions of the Ethics Code.First, if you are considering hiring a current state employee, especially from a state agency with which you dobusiness or by which you are regulated, you should know the following:

A current state employee must not accept outside employment that impairs his independence of judgment regardinghis state duties, or that encourages him to disclose confidential information learned in his state job. Also, a currentstate employee may not use his or her state position for financial gain, however inadvertent that use may be.Therefore, for example, a current state employee who exercises any contractual, supervisory or regulatory authorityover you or your business may not be able to work for you.


Second, if you are considering hiring a former state employee, you should be aware of the Ethics Code’s post-stateemployment, or revolving door, laws:

If you hire or otherwise engage the services of a former state official or employee, he or she may not represent youbefore his of her former agency for one year after leaving state service.

NOTE: The former State Ethics Commission established a limited exception to this provision which allows theformer employee to return to his or her former agency within the one year period for the sole purpose of providingtechnical expertise (for example, to help implement a previously awarded contract). This is a fact-specificexception that applies in very limited circumstances: therefore, you should contact the Office of State Ethics forfurther assistance if you think this exception applies to you.

If a state official or employee was substantially involved in, or supervised, the negotiation or award of a contractvalued at $50,000 or more, and the contract was signed within his or her last year of state service, and you or yourbusiness was one of the parties to the contract, then you and/or your business are prohibited from hiring him or herfor one year after he or she leaves state employment.

A former state official or employee can never represent anyone other than the state regarding a particular matter inwhich he or she was personally and substantially involved while in state service and in which the state has asubstantial interest.

Third, there are approximately 75 state officials or employees who may not negotiate for, seek or acceptemployment with any business subject to regulation by their agency, and may not accept employment with such abusiness for one year after leaving state service. Under that section of the law, it is also illegal for a business in theindustry to employ such an individual.

CONFLICT OF INTEREST RULES THAT APPLY TO YOU AS A STATE CONTRACTOR

Under Conn. Gen. Stat. §1-86e of the Ethics Code, no state contractor, including a consultant or other independentcontractor, can use the authority provided under the contract, or confidential information acquired in theperformance of the contract, to obtain financial gain for himself, his employee, or a member of his immediatefamily. Also, a state contractor cannot accept another state contract that would impair his independence ofjudgment in the performance of the first contract. Finally, a state contractor cannot accept anything of value basedon an understanding that his actions on behalf of the state would be influenced.

It is important to call the Office of State Ethics at (860) 566-4472 to discuss the application of this law, or any ofthe other ethics laws, to your specific situation.

OTHER ETHICS PROVISIONS THAT MAY APPLY TO YOU

Contractors seeking large state contracts are required to execute affidavits regarding gifts and/or campaigncontributions made to certain state employees or public officials in the two-year period prior to the submission of abid or proposal. You need to check the web sites of both the Department of Administrative Services,www.das.state.ct.us, and the Office of Policy and Management, www.opm.state.ct.us, for copies of these affidavitsand for other updated information regarding state contractors. Also, because the particular agency with which youwish to contract may have specific rules that you must follow, you need to check with that agency as well.

If you or your business provides “investment services” as defined in the Code of Ethics, and you make a politicalcontribution in connection with the Office of the Treasurer, you may be prohibited from contracting with thatoffice. See Conn. Gen. Stat. § 1-84(n).

Finally, if you or your business spends or receives $2,000 or more in a calendar year for activities that constitutelobbying under the Ethics Code, whether to affect legislation or the actions of an administrative state agency, thenyou and/or your business may have to register as a lobbyist with the Office of State Ethics, and more ethics rules

http://www.das.state.ct.us/

http://www.opm.state.ct.us/


will apply to you. Contact the Office of State Ethics, or review the lobbyist registration information atwww.ct.gov/ethics.

Recent legislation (Public Act 05-287) prohibits anyone who is a party (or who is seeking to become a party) to astate construction, procurement, or consultant services contract over $500,000 from:

(1) Soliciting information from a public official or state employee that is not available to other bidders for thatcontract, with the intent to obtain a competitive advantage over other bidders;

(2) intentionally or recklessly charging a state agency for work not performed or goods or services not provided, orfalsifying invoices or bills; or

(3) intentionally violating or trying to circumvent the state competitive bidding and ethics laws.

Recent legislation (Public Act 05-287) also requires any prospective state contractor to affirm in writing that he orshe has been provided with a summary of the state’s ethics laws and that his key employees have read andunderstood the summary and agree to comply with the applicable provisions of the ethics law.

http://www.ct.gov/ethics

STATE OF CONNECTICUTDepartment of Public Safety

Division of Fire, Emergency & Building ServicesOffice of State Fire Marshal

Bureau of Engineering

P L A N R E V I E W R E P O R T

Mr. Robert SaintWaterford Development, LLC50 Columbus Blvd., Suite 400Hartford, CT 06106

PLAN #: N/APROJECT: Connecticut Convention Center, Parking Office Tenant Fit-OutDPW NO.: N/AREVIEWED BY: Edward PeznowskiDATE: March 29, 2007

Dear Mr. Saint

The Office of State Fire Marshal’s Bureau of Engineering has reviewed the Contract Document Submission drawings datedMarch 29,2007 and numbered; Cover/Index, 4A-6.42, 4A-6.43, 4A-6.44, 4A-6.45, MEP-1, MEP-2, MEP-3 along withspecifications, for the above referenced project. The following are our comments to the A/E submitted drawings; some of thecomments will remain open until the issuing of clarification drawings and/or field verification. This project has been reviewedfor compliance with the requirements of the 2005 Connecticut Fire Safety Code (CFSC) Sec. 29-292-1e.

ITEM # DRAWING # ISSUE CFSCSECTION #

RESPONSEand/or

ACTION

1) MEP-3 Office space #1087 & #1088 show no smoke detectiondevises as required for totally covered (detected) facility.

CSFSCSect. 907

Detectorswill be added

2) MEP-3 Fire Protection System – At this point the sprinkler systemcannot be evaluated. Drawing has note: Modify existingsystem in this area to accommodate new partitions andceilings.

CSFSCSect. 903

Engineereddrawings willbe submitted

by theinstalling

contractor.

End of Review

NOTE: “CSFSC” Connecticut State Fire Safety Code, Part 3, Section 13.1.9Fire Alarm System Shutdown. Where a required fire alarm system is out of service for more than 4 hr in a 24-hr period, theauthority having jurisdiction shall be notified, and the building shall be evacuated or an approved fire watch shall be providedfor all parties left unprotected by the shutdown until the fire alarm system has been returned to service.

Where a required automatic sprinkler system is out of service for more than 4 hr in a 24-hr period, the authority havingjurisdiction shall be notified, and the building shall be evacuated or an approved fire watch shall be provided for all parties leftunprotected by the shutdown until the sprinkler system has been returned to service.


Please address each item with a written response as soon as possible. If you have any questions regarding the above or needfurther assistance, please feel free to contact me at 860-685-8350 in our Bureau of Engineering, State Building ConstructionSection.

Sincerely,

Edward J. PeznowskiFire & Life Safety SpecialistBUREAU OF ENGINEERINGOFFICE OF STATE FIRE MARSHAL

DGCooke;FIRE LIFE SAFETY SUPERVISOR

c: Mr. Robert Saint, Waterford Development, LLCDaniel Tierney, Stephen Carey, Lewis Petrarca, Office of State Building InspectorDarren Cooke, Office State Fire Marshal