r Agreement No. 10 . 04 - 02 (10)

MASTER AGREEMENT

BETWEEN THE STATE OF CONNECTICUT AND

THE TOWN OF COLCHESTER

REGARDING THE INSTALLATION OF FIRE SUPPRESSION STANDPIPE SYSTEMS

ON BRIDGES AT VARIOUS LOCATIONS

THIS AGREEMENT, concluded at Newington, Connecticut, this /~ day of ~. ,A.D. 20 /0 , by and between the State of Connecticut, Department of Transportation, Jeffrey

A. Parker, Commissioner, acting herein by James H. Norman, P.E. , Engineering Administrator, Bureau of Engineering and Construction, duly authorized, hereinafter referred to as the State, and the Town of Colchester, 127 Norwich Avenue, Suite 20 I, Colchester, Connecticut 06415, acting herein by Gregg B. Schuster, First Selectman, hereunto duly authorized, hereinafter referred to as the Municipality (hereinafter collectively referred as the "Parties").

WITNESSETH, THAT:

WHEREAS, the Municipality and the State agree that providing fire protection on bridges that are part of the State Highway System is prudent; and

WHEREAS, the Municipality requested and the State agreed to the installation ofa Fire Suppression Standpipe System, hereinafter referred to as the System, on bridges at the locations listed in "Exhibit A," in the Town of Colchester; and

WHEREAS, the installation of the System(s), requires that the Municipality and the State enter into an Agreement for construction, maintenance, inspection and testing of the System(s); and

WHEREAS, the Commissioner has, in accordance with the Connecticut General Statutes Section 13b-26, the power to make such alterations in the State Highway System as he may, from time to time, deem necessary; and

WHEREAS, the State and the Municipality wish to memorialize their understandings concerning their respective duties, rights, liabilities and obligations whenever the Commissioner of Transportation determines that the System(s) will be installed on bridges that are part of the State Highway System.

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NOW, THEREFORE, FOR GOOD AND OTHER VALUABLE CONSIDERATION: THE PARTIES HERETO AGREE AS FOLLOWS:

THE STATE SHALL:

1.0 I Furnish and hire a Contractor to install the System(s) including piping, valves, drains and any appropriate items required (or the installation of the System(s).

1.02 Provide the Municipality with plans and specifications of the System(s) for review and comment during the design process.

1.03 Inspect and maintain the entire System(s). The maintenance of the functional aspects of the System(s) shall be done in accordance with, and may be limited to, the needs listed in the Municipality's latest test report.

1.04 Upon advance written notice from the Municipality, provide temporary shoulder and/or lane closings on the State Highway where the bridge(s) is(are) located during off-peak travel periods to facilitate the Municipality's testing.

THE MUNICIPALITY SHALL:

2.01 Respond promptly with fire fighting vehicles to fire calls on any of the bridges listed in Exhibit A attached hereto and incorporated by reference. The Municipality recognizes the necessity of responding to all fire calls as quickly as possible and will, therefore, arrange for the most efficient and practical response to the fire calls, whenever the need occurs on any of the bridges listed in Exhibit A herein and their immediate approaches.

2.02 Test the System(s) subject to the following requirements:

a. Testing shall be conducted at intervals not to exceed one (I) year. Testing shall preferably be conducted in the Spring, not in winter months nor during periods of prolonged temperatures at or below freezing. The testing shall be conducted so that no road hazards or undesirable conditions to traffic are created such as ponding of water or encroachment of water into travel way.

If vandalism or tampering has occurred, testing shall be conducted after the System(s) has(have) been repaired and restored to working condition.

b. Prior to conducting any test, the Municipality shall secure a permit to enter the right-of-way of the State Highway from the State's District Maintenance Director.

c. The equipment used to test the System(s) normally will be allowed only on the secondary road crossed by limited access highways. Upon approval from the State, the testing equipment may be allowed on a limited access highway in certain

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circwnstances, however, testing will be limited to off peak hours determined by the State, and will be subject to appropriate traffic control being provided by the State.

d. The testing shall include three components:

I. Hose connections shall be made to Insure that the threads match the Municipality's equipment.

II. The System(s) shall be pressurized to approximately 200 pSI for approximately 20 minutes and inspected for leaks.

III. A hose shall be attached to the discharge pipe and a low pressure flow test shall be performed to insure that there are no "clogs" in the System(s). The water can be discharged in the gutter of the State Highway.

A written report of each test performed at each site shall be submitted to the State of Connecticut, Department of Transportation, Office of Bridge Operations, 2800 Berlin Turnpike, P.O. Box 317546, Newington, Connecticut 06131-7546. The reports shall indicate the date of the test and the results.

If any component of the System(s) is(are) not functioning properly, the Municipality shall notifY the State to arrange for repair of the System(s).

2.03 Drain and/or flush the System(s) after each use. If the System(s) contain(s) valves, the valves will be left in the open position after use or testing to prevent freezing damage to the System(s). After each use, for whatever reason, the Municipality shall notifY the Manager of Bridge Operations, at telephone number (860) 594-2624.

2.04 Conduct an irutial test of the System(s) upon completion of the installation.

2.05 Provide the water supply for the System(s) and any ancillary equipment required to bring the water to the point of connection to the System(s).

2.06 IndemillfY and save harmless the State of Connecticut, its officers, agents, and employees from all claims, suits, actions, damages, and costs of every name and description resulting from, or arising out of, operations conducted by or capital purchases made by the Municipality and/or any of its subcontractor(s) under this Agreement, including any supplements thereto, or prior or subsequent to the execution of this Agreement, and that such indemillfication shall not be limited by reason of any insurance coverage, and shall also require its subcontractor(s), to provide the indemnification requirements herein.

2.07 Not use the defense of Sovereign Immunity in the adjustment of claims or in the defense of any suit, unless requested to do so by the State. The Municipality agrees that in the event of an adjustment of claims or in the defense of any suit between the State and the Municipality, the Municipality shall not use the defense of Govemmentallmmunity.

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2.08 Comply with the provisions contained in the Department of Transportation' s Policy No. HWYS-44 attached hereto as E"hibit B, Schedule I and comply with all the State and Federal Statutory and Administrative requirements set forth in E"hibit B attached hereto, and made a part hereof , and all Schedules attached thereto which are also hereby made a part of this Agreement.

THE STATE AND THE MUNICIPALITY MUTUALLY AGREE:

3.0 I That the State may make changes to E"hibit A herein, adding or deleting locations, by giving notice to the Municipality, in writing, by the State ' s Transportation Engineering Administrator, Department of Transportation. In the event the Municipality desires to add or delete a bridge (or bridges) to/from the "List of Bridges with Fire Suppression Standpipe Systems" (Eliliibit A) attached hereto at some later date, the Municipality shall do so by forwarding an explanation regarding the requested change(s) to the Transportation Engineering Administrator, in writing. Such change(s) shall he approved upon receipt of a letter stating so from the Transportation Engineering Administrator.

The letter shall contain, but shall not be limited to, any pertinent information regarding such change(s) to Exhibit A herein, and a statement that the funding for additional installation(s) of system(s) (if any) will be provided for in accordance with the provisions of the Department of Transportaion 's Policy No. HWYS-44 herein. In the event the Municipality is required to participate in the funding, the letter will include a request for a demand deposit from the Municipality.

3.02 That each party will be responsible for its respective costs.

3.03 That this Agreement, when fully executed by both parties hereto, shall constitute the entire agreement between the parties regarding the construction, maintenance, inspection and testing of the System(s).

3.04 That the Municipality shall have no liability in connection with, arising out of, or resulting from the design or construction of the System(s), and shall not be responsible for making any payment to any vendor or contractor in connection therewith.

3.05 That neither party hereto shall be liable for default or delay caused by any occurrence beyond its reasonable control, including, but not limited to, fires, strikes, accidents, delays of common carriers, and acts of God.

3.06 That the validity, interpretation and performance of this Agreement shall be governed by the laws of the State of Connecticut.

3.07 That any Official Notice from one such party to the other such party, in order for such notice to be binding thereon, shall:

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(a) Be in writing (hardcopy) addressed to :

(i) When the State is to receive such Notice -

Commissioner of Transportation

Connecticut Department of Transportation 2800 Berlin Turnpike P.O. Box 317546 Newington, Connecticut 06131-7546;

(ii) When the Municipality is to receive such Notice -

First Selectman Town of Colchester 127 Norwich Avenue, Suite 201 Colchester, Connecticut 06415;

(b) Be delivered in person with acknowledgement of receipt or be mailed by the United States Postal Service - "Certified Mail" to the address recited herein as being the address of the party to receive such notice; and

(c) Contain complete and accurate information in sufficient detail to properly and adequately identify and describe the subject matter thereof.

The term "Official Notice," as used herein, shall be construed to include, but not be limited to, any request, demand, authorization, direction, waiver, and/or consent of the Party(ies) as well as any document(s) including any electronically produced versions provided, permitted, or required for the making or ratification of any change, revision , addition to, or deletion from, the document, contract, or agreement in which this "Official Notice" specification is contained.

Further, it is understood and agreed that nothing hereinabove contained shall preclude the Parties from subsequently agreeing, in writing, to designate alternate persons (by name, title, and affiliation) to which such notice(s) is(are) to be addressed; alternate means of conveying such notice(s) to the particular Party(ies); and/or alternate locations to which the delivery of such notice(s) is(are) to be made, provided such subsequent agreement(s) is(are) concluded pursuant to the adherence to this specification.

3.08 That the State and the Municipality reserve the right to terminate or propose to revise this Agreement in whole or in part at any time with thirty (30) days advance notice, in writing, to the other party. Any revision to the Agreement shall be mutually agreed upon by both parties.

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3.09 That the sole and exclusive means for the presentation of any claim against the State arising from or in connection with this Agreement shall be in accordance with Chapter 53 of the Connecticut General Statutes (Claims against the State) and the Municipality further agrees not to initiate legal proceedings in any State or Federal Court in addition to, or in lieu of, said Chapter 53 proceedings.

3.09 That this Agreement shall be governed, interpreted and construed under and in accordance with the laws of the State of Connecticut, whether or not its conflict of laws principles would dictate otherwise. This Agreement shall be deemed to have been made in Newington, Connecticut.

Nothing herein shall be construed to waive any of the State' s immunities.

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Agreement No. 10.04-02(10)

The Parties have executed this Agreement by their duly authorized representatives on the day and year indicated, with full knowledge of and agreement with its terms and conditions.

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STATE OF CONNECTICUT Department of Transportation Jeffrey A. Parker, Commissioner

BY;~/\" Engineering Administrator Bureau of Engineering and Construction

Date: ~ - \ s;-- 'S)

TOWN OF COLCHESTER

Print Name: Gre Print Title: First Selectman

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(Seal)

Office of the Corrunissioner

STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION

2800 BERLIN TURNPIKE, P.O. BOX 317546 NEWlNGTON, CONNECTICUT06!31-7546

Delegation of Authority to Sign Documents Authorized by Section 13b-17 of the

Connecticut General Statutes, As Amended

An Equal Opporturuty Employer

Know All Ye Persons By These Presents, That 1, Jeffrey A. Parker, Commissioner of

Transportation, as authorized by Section 13b-17 of the Connecticut General Statutes, as

amended, do hereby delegate to James H. Nonnan, Transportation Engineering Administrator,

Department of Transportation, Bureau of Engineering and Construction, the authority to sign any

agreement, contract, document, or instrument which I am authorized to sign for said Bureau.

mmissioner

Date: jvJy 7, 20 10

L I I I I i r !

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Gregg Schuster First Selectman

Board of Selectmen Regular Meeting Minutes Thursday, September 2, 2010

Colchester Town Hall

Meeting Room 1 - 7:00pm

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MEMBERS PRESENT: First Selectman Gregg Schuster, Selectman Greg Cordova, Selectman Rosemary Coyle, and Selectman James Ford. MEMBERS ABSENT: Selectman Stan Soby , OTHERS PRESENT: Derrik Kennedy, Dorothy Mrowka, Patti White, Sal Tassone, Donald Lee, Walter Cox, Glenn Marron, John Jones, Don Philips, Robert Tarlov, Ryan Blessing, and Katy Nally.

1. Call to Order· First Selectman G. Schuster called the meeting to order at 7:00pm.

2. Additions to the Agenda R. Coyle moved to add to the agenda Item #9, "Discussion and Possible Action on Police Department Budget, " seconded by G. Cordova. Unanimously approved. MOTION CARRIED.

3. Approve Minutes of the August 19, 2010 Public Hearing G. Cordova moved to approve the minutes of the August 19, 2010 public hearing, seconded by R. Coyle. Unanimously approved. MOTION CARRIED.

4. Approve Minutes of the August 19, 2010 Board of Selectmen Regular Meeting R. Coyle moved to approve the minutes of the August 19, 2010 Board of Selectmen Regular meeting with the amendment of changing agenda item #3 to read "seconded by J. Ford, G. Cordova abstained: seconded by J. Ford. Unanimously approved. MOTION CARRIED.

5. Citizen 's Comments Scott and Paulette Buchanan addressed the Board of Selectmen regarding a tax issue.

6. Boards and Commissions - Interviews andlor Possible Appointments and Resignations

a. Senior Center Study Group. To extend the term of the Senior Center Study Group for one year to expire on 10115/2011 . R. Coyle moved to approve to extend the term of the Senior Center Study Group for one year to expire on 10/15/2011, seconded by G. Cordova. Unanimously approved. MOTION CARRIED.

127 NORWICH AVENUE, COLCHESTER, CT 06415 " (860) 537-7220 " FAX (860) 537·0547

Board of Selectmen Regular Meeting Minutes - Thursday, September 2, 2010 Colchester Town Hall - Meeting Room 1 - 7:00 p.m. Page 20f3

b. Senior Center Study Group. Members Winifred Standish, Theresa Hendricksen, Jody Barr, Jack Faskl, Pam Scheibeleln, Goldie Liverant Patricia Nardella, Michelle Komoroski, Norman Dupuis, and alternate Donna Skawinski to be reappointed for a one-year term to expire 10/15/2011 R. Coyle moved to reappoint members Winifred Standish, Theresa Hendricksen, Jody Barr, Jack Faski, Pam Scheibelein, Goldie Liverant, Patricia Nardella, Michelle Komoroski, Norman Dupuis, and alternate Donna Skawinski for a one­year term to expire 10/15/2011, seconded by G. Cordova. Unanimously approved. MOTION CARRIED.

7. Budget Transfers None

8. Tax Refunds & Rebates G. Cordova moved to approve tax refunds in the amount of $146.91 to Honda Lease Trust, $135.12 to Honda Lease Trust, $17.05 to Kenneth or Dorothy Tibbetts, $218.36 to Donald & Eloise Belanger, $42.37 to P&J CT, LLC, $9.69 to Timothy Curtis, $53.90 to Mollie Quinn, $8.78 to Donald Quinn III, $163.97 to Richard Santasiere, $88.74 to Frank Mabey, $88.00 to Marek & Mariola Wdowiak, $9.27 to Jim & Mary Ann Powell, $26.33 to Kathryn & Christopher Pianta, $46.38 to Michael Blake, $5.27 to William Hochholzer Jr., $109.05 to Brian Engleman, $6.77 to Glen & Marie Campbell, $15.55 to Anne Robida, $6.77 to Stephen Loomis, $12.79 to Jennifer & Donald Bradley, $68.94 to Grundmann Landscaping LLC, $29.33 to Donald & Hazel Shurtleff, $207.08 to Leonard Viggiani, $6.51 to Walter Orr, $10.46 to Norman & Lydia Main, $12.53 to Michael Bibisi, $14.54 to Ann Taylor, $158.80 to Karen Rose, $7.53 to Scott Melvin, $38.36 to Honda Lease Trust, $22.31 to Peterson DL Trust, $14.29 to Paul & Geri Ann Hunt, $494.88 to DCFS Trust, $18.80 to Elizabeth Kleeman, and $21 .38 to Graham Denne, seconded by J. Ford. Unanimously approved. MOTION CARRIED.

9. Discussion and Possible Action on Police Department Budget Police Commissioner Glenn Morron presented to the Board of Selectmen on potential staffing options

10. Discussion and Possible Action on Approval of Consultant Contract for Senior Center Study Group R. Coyle moved to approve the contract with Dawn Homer-Bouthiette for the senior center study group and authorize the First Selectman to sign all necessary documents, seconded by G. Cordova. Unanimously approved. MOTION CARRIED.

11 . Discussion and Possible Action on Fire Suppression Standpipe System for lAH Route 2 R. Coyle moved to approve the Town of Colchester to enter into an agreement with the Connecticut Department of Transportation for the installation and maintenance of, at LAH Route 2 overpass locations, fire suppression systems for the expressed purpose of having an adequate water supply for fire department use, seconded by J. Ford. Unanimously approved. MOTION CARRIED

12. Discussion and Possible Action on Kabera Parcel Acquisition Town Engineer Sal Tassone presented to the Board of Selectmen

13. Discussion and Possible Action on Discontinuance of Old Prospect Road between Southerly Limit of Route 2 and current Prospect Road Board took no action

14. Discussion and Possible Action on Mail System Contract with Pitney Bowes G. Cordova moved to approve the early lease renewal agreement with Pitney Bowes and authorize the First Selectman to sign all necessary documents, seconded by J. Ford. Unanimously approved. MOTION CARRIED.

Board of Selectmen Regular Meeting Minutes - Thursday, September 2, 2010 Colchester Town HaU- Meeting Room 1 - 7:00 p.m. Page 3 of 3

15. Discussion and Possible Action on Town Policy Manual R. Coyle moved to approve the Town Policy Manual with the following understanding: (1) that the exclusion of a previously adopted policy from this manual does not mean that the policy is no longer in place, and (2) that the inclusion of a policy in the policy manual that does not contain current language, shall be updated immediately, and followed per the most current language, seconded by G. Cordova. Unanimously approved. MOTION CARRIED.

16. Citizen's Comments None

17. First Selectman's Report First Selectman G. Schuster reported on Hurricane Earl and it's effect on Colchester, a part-time firefighter has resigned, and interviews are currently underway for the Social Services Coordinator and Economic Development Coordinator.

18. Liaison Report G. Codova reported on Youth Services Bureau with regards to the food bank, current interviews for the Social Services Coordinator, fundraising for the new Youth Services van, and the upcoming spaghetti dinner on 9/30/10. R. Coyle reported on the Senior Center Study Group with regards to a recent meeting where the group discussed and evaluated a 2007 facility report for possible locations of the new senior/community center.

19. Adjourn G. Cordova moved to adjourn at 8:03 p.m., seconded by J . Ford. Unanimously approved. MOTION CARRIED.

the First Selectman

Attachments:

• Budget worksheet from Police Commission Glenn Marron • Memo from Senior Center Director Patti White regarding Senior Center Study Group

Consultant Contract • Memo from Fire Chief Walter Cox regarding Fire Suppression Standpipe System for LAH

Route 2 • Memo from Town Engineer Sal Tassone regarding Discontinuance of Old Prospect Hill

Road • Memo from Executive Assistant to the First Selectman Derrik Kennedy regarding Early

Lease Contract with Pitney Bowes

ARTICLE III , The First Selectman

§ C-301. Manner of election and term of office.

Town of Colchester PC/CodeBook for Willdows

The First Selectman shall be elected by a plurality of the votes cast by the electors of the Town for this office at a municipal e lection held on the first Tuesday after the first Monday in November of every odd-numbered year. The First Selectman shall serve a two-year term of office.

§ C-302. Powers and duties of the Fi rst Selectma n.

A. The First Selec01lan shall be the Chief Executive Officer of the Town and shall be a full voting and participating member of the Board of Selectmen. The First Selectman shall also be a nonvoting ex-officio member of all Town departments and Town boards. The First Selec011an shall exercise such additional powers and have such additional duti es as are set forth in the General Statutes and in this Charter.

B. The First Selectman shall be responsible to the townspeople and the Board of Selectman for the administration of Town government. The First Selectman shall be responsible for the direction and supervision of activities of all Town departments, except the Board of Education, and all appointed boards. All elected officials, appointed officials, appointed boards and Town employees shall report to the First Selectman, but the First Selectman may delegate such oversight authority to any appointed official or Town employee as is deemed necessary for the sound administration of Town government.

C. The First Selectman may, with the approval of the Board of Selectmen and subject to such other limitations contained in the General Statutes and this Charter, enter into contracts or agreements on behalf of the Town.

D. The First Selectman shall ensure that all laws and ordinances governing the Town are faithfu lly executed and shall make periodic reports to the Board of Selectmen on the conditions and affairs of the Town. The First Selec tmen, with the assistance of all Town department heads, shall keep the Board of Selectmen fu lly apprised of the financial condition and administrative soundness of the Town and Town departments.

E. The First Selectman may appoint and remove members of regional and interlocal agencies and programs as authorized by ordinances adopted pursuant to the applicable provisions of the General Statutes or thi s Charter. Nothing in this Charter shall be construed as limiting the authority of the Town, by action of the Board of Selectmen, to continue such participation or join new regional and interlocal agencies and programs, as authorized by the Genera l Statutes.

F. During the temporary absence of any appointed official, the First Selectman either may perfonn or may appoint a designee to perfoml temporarily the duties of such appointed official.

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COLCHESTER. New London County.- - (Form of government, se lectmen, town meeting, board of finance.)--Inc ., 1698; named, Oct., 1699. Tota l area, 49.8 sq . miles, land area, 49.1 sq. miles. Population, est., 15,578. Voting districts, 3 . Principal industr ies, agriculture and manufacture of leather novelties, plastics, machine shop, meta l fabrication. Transp. -- Passenger: Served by buses of Con necticut Transi t Auth. from Hartford and New London; B.'lrstow Bus Transp. from Norwich. Freight: Served by numerous motor common carriers. Post office, Colchester. Five rural free deliveries from Colchester and one from East Hampton.

TOWN OFFICERS. Clerk and Reg. of Vital Statistics, Nancy A. Bray; Hours, 8:30 A.M .-4 :30 P.M., Mon.-Fri.; 8:30 A.M .-7:00 P.M., Thurs.; Address, Town Hall , 127 Norwich Ave., 06415-1290; Tel., (860) 537-7215; FAX, (860) 537-0547. Website : www.colchesterct.net.--Asst. Clerk, LeAnn Hill.- -Asst. Reg. of Vital Statistics, Cheryl Garofola .--Selectmen, Gregg B. Schuster (R) 1st, Tel. , (860) 537-7220, Gregory E. Cordova (R), Rosemary Coyle (D), James W. Ford (D), Stan ley F. Soby (R).--Treas., Gregg G. LePage .--Bd. of Finance, Bruce P. Hayn, Chm., Robert Esteve, Cathy Pompei, John A. Ringo, Robert Tarlov, vacancy.--Tax Collector, Tricia Coblentz.--CHVFD Tax Exemption Eligibility Comm., Kevin Dalton, Robert Jacques.--Assessor, John Chaponis.--Bd. of Assessment Appeals, David K. Anderson, Nancy W. Riella, vacancy .--Registrars of Voters, Dorothy Mrowka (D), Denis Q. Mizla (R).--Supt. of Schools, Karen Loiselle.-- Bd. of Education, Elizabeth A. Ciccone, Michael P. Egan, Ronald A. Goldstein, Donald Kennedy, Mitchell L. Koziol, Timothy D. Lamp, Mary L. Tomasi. --Planning and Zoning Comm., Joseph Mathieu, Chm., Stacey Brown, David Gesiak, Linda Hodge, Thomas Kane, Mark Noniewicz, John Rosenthal; Alterna tes, James Miller, vacancy. --Local Emergency Planning, Mark Decker, Kenneth Didato, Richard Grocki, Reed Gustafson, Wendy Mis, Bill Otfinoski, Paul Suroviak.--Zoning Bd. of Appeals, Laurie Robinson, Chm., Patrick Reading, Fay Sherman, Arthur Shi losky, Michael Soltis; Alternates, James DuCharme, Bob Setschinsky.--Housing Auth., Janet LaBella, Chm., Louis Delpivo, Den ise Sa lmoiraghi, Marion Spaulding, Todd Vachon. --Fair Rent Comm., Robert Kennedy, Chm., Robert Bacon, James Ciaglo, Reginald Corey, Jack Faski, Neil Gervais, Kenneth Herman.--Open Space Advisory, Nick Norton, Chm., Jason Cohen, Theodore Fuini, James Gigliotti, Elizabeth Gilman, William Hochholzer, Adam Turner.-- Conservation and Inland Wetlands Comm., Gary Avery, Chm., Susan Bruen ing, Morris Epstein, A. Falk Von Plachecki, Darrell York; Alternates, Mary Bylone, Kurt Frantzen, Andrew George.--Economic Development Comm., Steven Cohn, Chm., Andreas Bisbikos, Kevin Burzycki, Paul Catalano, Steven Cohn, Tom Crotty, Bruce Goldstein, Kele Issa, Jeffrey Koonankeil, vacancy.--Historic Dist. Comm., Ellen Sharon, Chm., Nancy J. Anderson, Will iam Beer, Peter Chesnes, Robert Kvederas; Alternates, Janice Adams, Linda Akerman, Mike Trocchi.--Ethics Comm., Genea Bell , Chm. , Danie l Henderson, Debra Marvin, Andrea Riley, Jacqueline Twedt.--Retirement Bd., Brenden Healy, Chm. , Daniel P. Eberle, John Ringo, Jon Sandberg, Stan Soby.-­Comm. on Aging, Jean Stawicki, Ch m., Bernard Erickson, Clara Erickson, Theresa Hendricksen, Suzanne Maikshilo, BettyAnn Oppelt, Barbara Warden; Alternates, Bill Wagner, vacancy.--Youth Svs. Advisory Comm., Kerry Bell, Christopher Bennett, Sarah Dell , Aaliyah Gonzalez, Lorraine Marvin, Heather Pelletier, Pamela Scheibelei n, Thomas St. Louis, four vacancies.- -Cable Advisory Bd., Merja Lehtinen, John Wilwerth .--Social Service Coordinator, Janet Taylor. --Dir. of Health, Wendy Mis.--Parks and Recreation Comm., Sean O'Leary, Chm., Jody Barr, Lynette Dimock, Christia n Ferrante, Norman Kaplan, Melissa Kennedy, Eric Kundahl, Lynne Stephenson; Alternates, Albert Spranzo, Clint Williams.--Di r. of Public Works, Mark Decker.--Planner, Adam Turner. --Zoning Enforcement Officer, Craig Grimord .--Building Inspector, Timothy York.--Sewer and Water Comm., Richard LeMay, Chm., Scott Boyden, Daniel Ferrigno, Alan Pelletier, Tom Tripodi, Thomas Tyler, vacancy.-- Police Comm., Glenn Morron, Chm., Anthony Camil leri, John Jones, Robert Parlee, Donald Philips.-­Chief of Fire Dept., Walter Cox.-- Fire Marshal/Civil Preparedness Dir., Reed Gustafson.--Town AUys., Shipman and Goodwin.--Justices of the Peace, Pamela A. Adams, David K. Anderson, James W. Ciaglo, Jr., Celia B. Conrad, Jenny Contois, Regina ld A. Corey, Andrew J. Cournoyer, David E. Cournoyer, Rosemary Coyle, Sam Downey, Jay R. Einhorn, John R. Fai rburn , Elizabeth S. Falco, Ken neth E. Fargnoli, John "Jack" Faski, Eileen S. Fazekas, John F. Fedus, Rosalinde Finkelstein, Andrew C. Gates, Diana Norton Giles, Gregory Giles, Timothy Gilman, Bruce I. Goldstein, David Gregoire, Linda M. Grzeika, Bruce P. Hayn, Linda M. Hodge, Pamela V. Hogan, Valerie C. Hopkins-McG riff, A. Victor Horvitz, Sheila S. Horvitz, Joseph J. Joaquin, Burton F. Johnson, Jr., Robert E. Kell, Richard L. Kemmett, Jr., Philip W. Kurze, Paul John Levarge, Goldie Liverant, Thomas M. Maikshilo, John Malsbenden, Kathleen S. "Casey" Margelot, Everett Marvin, Jess J. McMinn, Mark S. Mieszkowicz, Denise Q. Mizla, Dorothy A. Mrowka, Lucien C. Mrowka, Nilda Negron, Ronald E. Niemczyk, John J. Nolan, Ana K. Norton, Andrew M. Norton, Linda A. Orange, Berna rd G. Park, Ronald E. Pepin, Joanne P. Philips, Karen A. Romero, John W. Sawchuk, Steven A. Schuster, Julianne M. Shilosky, Brian T. Smith, Stanley F. Soby, Donald A. Stanavage, Marjorie A. Stula, Erin Sullivan, Francis H. Tarnowski, Mary L. TomaSi, Christian J. Tyrrell, William F. Wagner, Nancy Wasniewski , Irene A. Watson, Robert A. Weeks, Harold Woltag, Audrey B. Zaccaro, Ch ristopher D. Zaccaro.

EXHIBIT A

TOWN OF COLCHESTER

LIST OF BRIDGES WITH FIRE SUPPRESSION STANDPIPE SYSTEMS

BRIDGE NO. LOCATION STATUS OF INSTALLATION

3388 Mill Hill Road over Route 2 To Be Installed, Project 28-196

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THE MUNICIPALITY AGREES:

EXHIBIT B and Schedules 1-3

June 18,2009

(I) That the Agreement is subject to the provisions of Executive Order No.3 of Governor Thomas J. Meskill, promulgated June 16, 1971 , concerning labor employment practices, Executive Order No. 17 of Governor Thomas J. Meskill promulgated February 15, 1973, concerning the listing of employment openings and Executive Order No. 16 of Governor John G. Rowland, promulgated August 4, 1999, concerning violence in the workplace. If applicable, the Agreement is subject to Executive Order No. 14 of Governor M. Jodi Rell, promulgated April 17, 2006, concerning procurement of cleaning products and services in accordance with their respective terms and conditions. All Executive Orders referenced herein are incorporated into this Agreement and are made a part of the Agreement as if they had been fu lly set forth therein. At the Municipality' s request, the State shall provide a copy of these Orders to the Municipality.

(2) To acknowledge and agree to comply with the policies set forth in Exhibit B, Schedule 2 (attached herewith), "Connecticut Department of Transportation, Policy Statement, Policy No. F&A-I 0 Subject: Code of Ethics Policy," June 1, 2007.

(3) That suspended or debarred contractors, consulting engineers, suppliers, materialmen, lessors, or other vendors may not submit proposals for a State contract or subcontract during the period of suspension or debarment regardless of their anticipated status at the time of contract award or commencement of work.

(a) The signature on the Agreement by the Municipality shall constitute certification that to the best of its knowledge and belief the Municipality or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of Federal or State funds :

(i) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(ii) Has not, within the prescribed statutory time period preceding this Agreement, been convicted of or had a civil judgement rendered against himlher for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

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(iii) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(ii) of this certification; and

(iv) Have not, within a five-year period preceding this Agreement, had one or more public transactions (Federal, State or local) terminated for cause or default.

(b) Where the Municipality is unable to certity to any of the statements in this certification, such Mlmicipality shal l attach an explanation to this Agreement.

The Municipality agrees to insure that the following certification be included in each subcontract Agreement to which it is a party, and further, to require said certification to be included in any subcontracts, sub-subcontracts and purchase orders:

(i) The prospective subcontractors, sub-subcontractors participants certify, by submission of its/their proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(ii) Where the prospective subcontractors, sub-subcontractors participants are unable to certify to any of the statements in this certification, such prospective participants shal l attach an explanation to this proposal.

(4) That as a condition to receiving federal financial assistance under the Contract/Agreement, if any, the Municipality shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000 et seq.), all requirements imposed by the regulations of the United States Department of Transportation (49 CFR Part 21) issued in implementation thereof, and the Title VI Contractor Assurances set forth in Exhibit B, Schedule 3 (attached herewith).

(5) That this clause applies to those municipalities who are or will be responsible for compliance with the terms of the Americans Disabilities Act of 1990 ("ADA"), Public Law 101-336, during the term of the Agreement. The Municipality represents that it is familiar with the terms of this ADA and that it is in compliance with the ADA. Failure of the Municipality to satisty this standard as the same applies to performance under this Agreement, either now or during the term of the Agreement as it may be amended, will render the Agreement voidable at the option of the State upon notice to the Municipality. The Municipality warrants that it will hold the State harmless and indemnity the State from any liability which may be imposed upon the State as a result of any failure of the Municipality to be in compliance with this ADA, as the same applies to performance lmder this Agreement.

(6) When the Municipality receives State or Federal funds it shall incorporate the "Connecticut Required Contract/Agreement Provisions, Specific Equal Employment Opportunity Responsibilities" ("SEEOR"), dated March 3, 2009, as may be amended from time to time, as a material term of any contracts/agreements it enters into with its contractors, consulting engineers or

2

other vendors, and shall require the contractors, consulting engineers or other vendors to include this requirement in any of its subcontracts. The Municipality shall also attach a copy of the SEEOR, as part of any contracts/agreements with contractors, consulting engineers or other vendors and require that the contractors, consulting engineers or other vendors attach the SEEOR to its subcontracts.

(7) Worker' s Compensation Insurance - With respect to all operations the Municipality performs and all those performed for the Municipality by subcontractors, the Municipality shall carry Worker' s Compensation insurance and, as applicable, insurance required in accordance with the U.S. Longshore and Harbor Workers' Compensation Act, in accordance with the requirements of the laws of the State of Connecticut, and of the laws of the United States respective/yo

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Schedule 1

CONNECTICUT DEPARTMENT OF TRANSPORTATION

POLICY NO. HWYS-44 December 2, 2002

SUBJECT: Fire Suppression Standpipe Systems

It is the policy of the Department to allow the installation of tire suppression standpipe systems (standpipes) on bridges located on the National Highway System (NHS) when requested by a municipal first official. When the Department has a project to make major repairs to a bridge or to construct a new bridge, federal funds may, if available, be used for the installation of standpipes. The municipality in which the bridge is located must provide any non-federal share of the cost.

If no federal funds are available, the municipality shall be responsible for 100% of the conStruction cost of the installation of the standpipes requested by the municipal first official.

The municipality shall enter into an agreement with the Department, which states that the municipality is fully responsible" for its share of funding and annual testing of the standpipes.

The Department will be responsible for the maintenance of the standpipes.

The above notwithstanding, the Department may elect to install standpipes on bridges without municipal participation where it is determined to be in the State's best interest to do so.

(This Policy Statement supersedes the Commissi No. HWYS-44 dated July 12, ·1993.)

s Policy Statement

List 1

Schedule 2

-CONNECTICUT DEPARTMENT OF TRANSPORTATION

[P@(blJ@W ®lJ~WfiYA]~m

SUBJECT: Code ofEtblel PoUey

POIJCY NO. PM-IO J1Dld,2007

The JllIlPOSe of this policy is to ellablisli and maintain bigh standards ofhonesty, integrity, and qUality of performance for all employccs of the Department ofTnnsportation ("DOT" or "Depa!tment1. Individuals in government service have positions of significant trust. and re8JIOnsibility that require them to adhere to the highest ethical standards. Standards that might be acceptable in other public or private organIzaIIons· are not necessarily acceptable for the DOT.

It is expected that iII1 DOT employees will comply with this policy u well as the Code of Ethics for Public Officials, and sliive to avoid even the appcarInce of impropriety in their relationships with membelS of the public, other ageucics, priYBtc vendors, cOllSUltants, and contractors. This pollcy is, u is pcmnItted by law, in some eases stricter than the Code of Ethics for Public Officials. Where that is true, employees arc reqUired to comply with the more striDScnt DOT policy.

The Code of Ethics for Public Officials is State law IUId governs the conduct of all State employccs and public officials regardless of the agency in whiCh they acrve. The entire Code, as well as a BUIIIIIIIUY ofitl proviaicml, may be fonnd at the Office of State Ethics' web site: www.ct.goyJetbicslsjteldefjm!tasp. For fbnnallllld iD1brmal inleijlletations oftbe Code of Ethics, OOT-employees-shouJd·eOnJact-the-Qft1ce·ofState-Ethlcsor.thc.DDT'sEthics

. Complianoc Officer or her designee.

All St&tc asencies arc required by law to have an ethics policy statement. AdditiOD8lly, aU State . agencies arc reQuired by law to have an Ethics LiaDon or Ethics CompIiaDcc Officer. The DOT, becauIo of the size and scope of ill procII1'I!IJ1ant actlvi1ics, bas an Ethics Complfance Officer who is responsible for the Department's: developlJlmlt of ethics policies; coonIinatIon of ethics training programs: and monitoriD, ofprograms for agency complisnee with its.ethics poliCies and tho Code of Ethics for Public Officlala. At least annually, the EthiCII Compliance Officer shall provide ethics trafnIng to ageacy pcrBOIII1CIl involved in contractor selection, evaluation, and supervision. A DOT employee who bas a qucmon or is UIlIIIIe about the provisionS of this . policy, or who would lib usistance CODtacting the Office of State Ethics, should contact the Ethics Compliance Officer or.her desigDee. .

TJie DOT Etblcs CompUuce omcer u:

DaIise Rodoscvich. Managing Attorney omee ofLepJ Services

. For: queltfo~ contaCt the EddCs .CompUance om.cer·, Deslpee:

AIJce M. ~,Princlpal Attorney 0Bice ofLepl ServiC!'S 2800 BcirIin 1'IDnpib . Nowingtoa, cr 0613 1-7546 Tel (860) 594-304'

To contact the omce of State Ethics:

OfIice of State Ethics 20 Trinity Street, Suite 20' HartfonI, cr 06106 TeL (860)566-4472 Pd. (860) 566-3806 Web: w\vw.ethjC§.State.cl.ps

Enforcement

The DepartmeDt expects that all employ1:C8 will comply with all laws and policies regarding ethical conduct Violations of the law may subject an employce to sanctions from agencies or authorities outside

. the DOT. Whether or not another agency or authority imposes such sanctions, the Department retains the independent right to review and respond to any ethics violation or alleged ethics violation by its employees • . Violations oflhis policy or ethiCi statutes, os construed by the DOT, may result in disciplinary action up to and inoluding di9lTlissalliom State service.

ProhibIted AetlyJtlU

I . . GIfII: DOT employees (and in some cases their family members) are prolu'bited by the Code of Ethics and this Policy fi'om acceptiIIg a sift from anyone who is: (I) doing business ~ or seeking to do business with. the DOT; (2) directly regulated by ihc DOT; (3) prequalified as a~ontnctor pursuant to COJin. Gen. Stat. §4a-lOO by the Commissioller of the Department of Administrative Services (DAS); or (4) known to be a iegistered lobbyist or a lobbyist's ~tative. These four categories of people/entities are fefemd to as "restricted donors." A list ofn:gistered lobbyists can be found on the web Bite of the Office of Slate Ethics (www.c!.gov/ethicsfsjloldefiru!Lgp).Alist of pn:qualified coJlBllltantB and contractors, Lit., thoae seelcing 10 do busineos with the DOT, can be found on the DOT's Internet site under "Con.sulllml Infcmnation" and "Doing Busineos with ConnDOT." n:spective1y.

The term "gift" Is definad in the eooc; ofEthies f~ Public Officials, Com!. Gcn. Stat. § 1-79(e); and has nlllJlarOUB crmeptions. For example, one c:xception pennJts the 8CCCptaDCe offood and/or bevengea valued up to SSO per calendar year fi'om any 01IlI donor and cOllJllDled. on an occasion or occasions while the penon paying or his representative is pn:sent 'Jbereforc, such food and/or I bevt:nlge-is-not-a-"gift." Another c:lICqItiori.pennltatbc. aceeptanco of items bavin8ll value up. to t~ . doJlm (510) providccI the aggregate value ofall thinp provided by the donor to the rccipientdwina a caleod11r year docs DOt exceed fifty dollars (550). Therefore, such items arc not a -gift." Depending on the ciUlhm·I!mCes,·tbc "donor" may be an individual if the individual is bearing the expeIISe, or a donol'lllBybethe individual', employer/group if the iDdividuallspaiBing the expense back to the employer/group he/she raprcscmts.

This policy requires DOT employees to immediately retum·any sift (os defined In the Code ofElhics) thatanyJlCl10D orenlity attcmpta to give to the employce(s). Jlanysuch gift or other item of value is reCeived by other than pmonal delivery fi'om the subject person or entity, the Item ahaU be talceo to . the Office ofBuman Resoun:ca along with the I11III8 and address of the penon or entity who gave the item. 1bc 0fJicc of Human Resources, along with the rccIpIant of the item of value, will arrange for tho dolIatiim of tho IIeID to a Ioeal charity (e.g., Foodshare,local soup Idtchcns, etc.). Tho Office of Human RosouICes will then IIeIId a letter to the gift's donor advising the penon of the item's donation to ~ty and iequesting that no such gifts be given to DOT employcaJ in the future.

2. c~/", GoIItb Dr SRVica/or PUSDW UN WIIIt Deptl1tItI4Irt Co,,~n, Coimutll1ltS, Dr .,...,,:. BucutIve ~7C provides that: "Appointed officials and state employees In the Executive Brancb arc prohibited from contracting for gOods and services, for pcraanal use, with any J'!I1'Ion doing busincas with or scekiJ18lnuiness with his or hili' agency,1IDlcas the goods or services are readily available to the general public for the price which the offiCial or stata employee paid or would fIllY."

2 I

3. Gift Exchtlll/IIS BItIW'611 SubordinatlS IUUI SUp.rvisDrslS6IIlor Staff: A recent cJ,1angc in the Code ofEthlcs prohibits excbanges of gifts valued at $100 or mo~ between (~e., to and from) supervisors and en.,loyccs lI1Ider their aupcrvlsion. The Citizen's Ethics AdvisOl)' Board bas advised that: (I) the monetary limit imposed by this provision is a per-gift amount; (2) gifIs given between supervisors and subordinates (or vice versa) in celebration ofa ''mitior life event," as defined in the Code Of Ethics, need not comply with the $100 limit; and (3) the limitations imposed"by this provision apply to 8

direct supervisor and subordinate ond to any individual up or dawn the chDin of command. The Cilizim's Bthics Advisory Board bas also advised that BUPCJVlsors or subordinates may not pool their money to give a collective or group gift valued at 5100 or more, even though each of the individual contributions is "less than 5100."

4. AceeptfRICt! of Gifts to the SIIzIe: A recent cbange to the Code of Ethics for Public Officials modified the definition oftbc tenn""glft" to limit the application ofthc so-called "gift to the State" exception. In general. "gifts to the Stalc" are goods or services given to B State agency for usc on State property or to support an event and whicb facilitate State action or functiODS. Before accepting any bencfit as a "gift to the State," DOT employees sbould contact the Ethics Compliance Officer.

S. Charitabl. Orgllllivltions l1li11 EII61Ib: No DOT employee sbalI knowingly accept any gift, discount, or other item of monetaIy value for the benefit of a charitable organiZJ!tion from any person or entity seeking official action"from, doing or seeking business with. or conducting activities regulated by, the Depsrtmcmt. "

6. Use DfOJfit:dPDIItlon for FInIllldltJ Gtdn: DOT employees sha1I not use their public office, position. or illflacDce from holding their State officclpositioo, nor any information gained in the course ofthclr State duties. for private financial gain (or the )lm'cntion of financialIoss) for themselves. any family mCiiIIier; 8ny'1Di!lIIber ofthoirhinlStbold; DOranY""businClS witbwhlch theyareassociatecL" In"general; a busincsa witb which one ii associated includes any"entity of wbich a DOT employee er Jd&Iher immediate family mcmher is a diImor, owner, limited or general parIIlar, beneficiary ofa trust, holder " of 5 percent or JIIOIe stock, er an officer (pmIidcot, trasurer, or executive or .enlor vice president).

DOT employees shall not use or distribute State information (except 85 permitted by the Freedom of Information Act), nor use Stale time, penooncl, equipment, or materials, for other than State busincss ~& "

7. Other EIIIP/tlyltrent: DOT employees .haIl not engage in, nor accept, other employment that wDl clther impairtheirindepenclcnce ofjudgmcnt with regard to their State duties or require or induce thcmto disclose confidential infmmatjon gained through their State dutioa.

Any DOT anployee who engages in or accepts otheremplayment (including ai an independent conbaclot), er has direct ownmhip in an outside business er soIc proprimomhip, UaII c:omplctc an EmpIoymcntlOutlidc Business Disclosure Form (see attacbcd) and submit it to the Department's Human Resoaiu:es AtImiDimItor. DiscJOI\lI1: of other employment tel thc DOT Human Resources AdminisIrator BhalI"1IOt I:OIISIIIute approval of the other employment for pmposes of the Code of Ethics fer Public O1JIc:Ials.

"Inquirfcs weming the propriety of a DOT employcc's other employment aball be dircetedto the Office ofs,atc Ethics to IIISIIJ'e compliance with the Code ofEthica for Public Officials. Bmpl.oyees anticipating acc:eptinJ olhar employment-as described above should give ample time (at least one month) to the Offioc of state Ethics to reapoDd to such outside employment inquiries.

3

No CJlI)lloyee oflh. DOT shall allow any private obli811tion of employment or enterprise to hoke precedence over hislber respo!l5ibillty to the Department.

8. Olltside BIIs/llm Interests: Any DOT employee who holds, directly or indiRctly, a financial interest in any business, fum, or cntel]lrisc ahall complete an Employment/Outside Business Disclosure Fonn (see ' attached) and submit it to' the Department's Human Resources Administrator. An indirect financial interest includes situations where a DOT employee's spouse has a financial interest in a bUSiness, fum, or cntclJlrise. A financial iDterest means that the employee or his spouse is an owner, member, partner, or shareholder in a non-publicly traded entity. Disclosme ofsuch ouIBide business interests to the DOT Human Resaun:es Administrator shall not constitute approval of the outside business interest wtder this Policy or the Code of Ethics for Public Oflicial5. DOT'employees shall not have a financial interest in any business, firm, or enterpriae' which will either impair their independence of judgment With regard to their State duties or require or induce them to disclose confidential information gained through their State duties. Inquiries concerning the propriety of a DOT employee's outside business interests shall he directed to the Office of State Ethics to assure compliance with the Code of Ethics for Public Officials.

9. ContlYlctJ WIth tAl SUde; DOT employees, their immediate family members, and/or a business with which a DOT employee is associated, may not enter into a contract with the State, other than pursuant to a court appointment, valued at SIOO or more unless the contract has been awarded through an open and public process.

10. S,u,ctiDnlng Anothtt' Puso,,'. EthiC3 VIohdIoII: No DOT official or'employee shall counsel, authorize. or otherwise sanction action that violates any provision of the Code of Ethics.

II. Certttl" Pusoru HIl'Ie l1li Obllgllllo" to RqH)" Ethla ViolIIIio1lS1 If the DOT Commissioner, Deputy CoIm!!i~s,ioner, or "P.eaon in, cjlatJe, of l!,~ 8i.C1I!lY procurement" and contracting has re.uonable cause to believe that a perIOD bas violated the Code of Ethics or any law or regulatilll concerning ethics in State contracting. hrlshe ",rut report such belief to the Office ofStat8 Ethics. All DOT employees are CDCOIII8ged to disclose waste, 1iaud, abuse, and conuption about which they become aware to the 8pJ40Jlliate authority <1= JIm Policy Stateml!nt BX.O ... 23 dated March 31, 2(04),inc1ucling, but not Hmitecl to, their itmntdjate snpervisor or a superior of their Immediate mpervisor, the DOT Office of MaDagemcut ServiC61, the Ethics Compliance Officer, the Auditors ofPubltc Acconnts, the Office of theA1toI'IIeyGencral, orlho OfIiceofthe Chief State', Attorney.

12. Post-StIIU Bmplopnat Ratrlt:t/Dru: In addition to the above-ctatcd policies of the Department, DOT employees arc: advised that the Code ofEthies for Public Officials bars certain conduct by State employees Iffterthq Ietw, SiIIU sUlk,. Upoll /""g Stilt, "nlu:

• CDnjll/41ldlllIlljOl'III6tIo1I; DOT employees must Dever disclose or use confidential information gained in Stete aervico for tho financial benefit of ail>' person.

• ~1II411qrGD"tllliDn; DOT employees must neYtTlepi Jsent anyone (other than tho State) collCilmiDa any "particular matter" in which they participated pmonaUy and substantisUy while in State service and in which tho State has a substantial intmlat.

DOT employees aIao must not, for one year after leaving State service, represent anyone other than the Slide for COIIIpCDI8tfon befOre the DOT concerning 'a matter in which the Stete has a aubatantial intmat In 1biJ context., the temJ "lejXesent" has been vmy broadly clefiDed. Therefore, any

, fOllllllr DOT employee c:ontempJatinS poat-State employment work that miaht involve intcJa..1ion with any burau ofOOT (or any BDiIrd Qr Commission IclmjhimdivCly UDder tho DOT) within

4

their first year after leaving Slate employment shouid contaci the DOT Ethics Complian.c Officer and/or the Office of State Ethics.

• Employme1.t JYiJh Sttll6 YnulDm DOT employeea wbo participated substantially in. or supervised, the negotiation or award of a Slate contract valued at $50,000 or more must not accept employment with a party to the contract (o!herthan the State) for a period of one year after resigning from State service, if the resignation occurs within onc year after the contract was signed.

13. EtlllCIII Condhl'tllhms Conurnbrg Bid41ng IUIIi Stllte Conlrllm: DOT employees also shouldbc aware of various proviaions of Part IV of the Code of Ethics that affect any person or fum who: (1) is, or is seeking to be, prequa1iJIed by DAS UDder Conn. Gen. Stat. §4a-loo; (2) is a party to a large Slate cODBtruction or procuranent conlIBCt, or secldDg to enter into such a contract, with a Slate agency; or (3) is a party to a cotJSn!ta.nt serviCes contract, or seeking to cuter into such a contract, with a State agency. These persons or firms shall not: .

• With the intent to obtain a competitive advantage over othm' bidden, solicit any inf~tlon from an· employee or official that the COIlInctor knOW! is not and will not be available to other bidders for a large State ~on or proc:un:ment conlJact diat the contractor is seeking;

• Intentionally, wiJIfulIy, or with n:cldcss dimganl for the truth, charge a S1ate agency for work not perforined or goods not provided, including submitting merItlcss change ordm in bad faith with the solc intention of increasing the contract pice, as well as fl1lsi1Yins invoices orbills or charging unreasonable and IDIIUbstantiated rates for services or goode to a State agency; and

• IntcntiOllllly or willfuJly violate or attempt to QroWDvent State competitive bidding and ctbIcs mws ..

Firms or persODS that violate the above provisions may be deemed a nonn:sponsible bidder by the DOT.

In addIticm, no pc:DOIl with whom a State agency has contracted to provide COJIIII!tin& services to plan speclficatiO!!ll for any contract, and no blllineas with wblch such peraon is associated, may serve as a consultant to III)' person 8eeking to obtain such conlIBCt, serve as a coalJactor for such conIrai:t, or serve as II subcontractor'or c:onan!tant to the peraon awarded such contract.

DOT employees who believe that a contractor or consultant may be in violation of any of these provisionS Ihould bring it to the attention of their manager.

TR'n'" for Dm "Rtoms

A copy oftbiJ po1ii:y will be posted tbrou&lJout the~, and provided to each employCe either in hard copy or by e-malJ. A& set forth above, State Jaw rcquina that certain employees involved in contractorJCODInltantlvcndor selection, evaluation, 01' superviaion JJJust und;ergo annual ethics training coordinated or provlded by tho Ethics Comp1imcc Offi,*. Jfyou believe yOlD' dutie8 meet these criteria, you should lIo1UY YOID' BurmJ ChIef to facilitate compiJation of II training lCbednle. In addition, the DOT Ethics CompIiaDcc Officer can IJJ'8Dp for periodic ethica traiDing provided by the Office of State Ethics. FmaI1y. dui DepartIIICIIt will make availallJe, on ita web site or otherwiIc. II copy oftbiJ policy to all vendorr, c:Ontraetors, and other busincsa entities doiDs business with Che Department.

ImDoi1iint Ethfe& ReferenCl!! M:derlab

It is strongly rccOllllDCllded that every DOT employee read and review the following: . .

» COdo ofEtbiCl for Public Officials, Chapter 10, Part 1, Conn. GenCJal Statutes Sections 1-79 through 1-89a found at: www.C1.gov!e!hicS/siteldefault.am

» . Ethics Rcgulatioos Sections 1-81-14 through 1-81-38, found at: www.ct.gov/etbicslsite/defaull~SD

» The Office of State Ethics web site includes 5U1111118ries and the full text of formal ethics advllOty opiniomr intClprCting the Code ofEthlC8, as well as summaries of previous enforcement actions: www.ct.l!OV/ethicllBju;/dc4ult.up. DOT employees an: atrdngly cncoumgcd to contact tho DepartJIlCDt'. Ethics Compllanc:c Officer or ber dclignee, or the Office ofStato Ethics with any questions or CODcems they may have.

(This Policy Statement supersedes Policy Sta~t No. F&A-f 0 dated 1anlllllY 6, 2006)

Attachment

ListlJllld.LiBt 3

COMMISSIONER

(Managm and l1IJlC1'Vijora arc mjllcated 10 distribute a copy oflhls Pollcy Statement to all employees under their supezvifioo.) . . cc: Offioc oftbe Governor, Department of Admlnistrativo Services, Office of State Etblcs

6

I i

Schedule 3

1'InJi: VI · CON'l'RAC'1'OR ASSURANCES

For this document Contractor means Consultant, Consulting Engineer, Second ~arty, or other entity doing business w~th the .State aod Contract shall mean the same as Agreement.

During tho performance ot thi~ Contract, the contractbr, tor ltsel~, its assignees and successors in interest (hereinatter referred to 8S the "Contractor") agreB3 as follow!!:

1. Compllance with RagulaUona: The Contractor sball comply with the regulatiODl! relative to nondiscrimdnation in Eedera11y &9sisted programs of the United States Oeparbnent of Transportation (hereinafter, "USCOT"), Title 49, Code of Federal. Regu1atloDs, Part 21, as they may be amended from time to time (hereina~ter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. .

2_ Nondi.criminat1.on: The Contractor, with regard to the work performed by it during the Contract, shall not discrtmlnate on tbe grounds of race, color, national origin, sex, age, or disability in the ~elGction and retention of aubcontracto~8, including procurements ot' materi'a!s and. leasos of equipment. The ContractoJ"; shall not participate either directly or indixectly in the dis.crimination prohibited by Subsection 5 of the Requ~ation8, 1nclu~ng employment practices when the contract cover$ a program set forth in Appendix B of the Requl~tlons. .

3. Solioitati.on. ~or ·Subeorttraoea, xaoluding Procur~ntB ~ Material. and Equipaent: I n all solicitations either by competitive bidding or negotiation made by the Contractor

fot work to be perfoxmed under a subcontract, including procurements of materi~ls or lea~es of equipment, each potential subcontractor or supplier shall be notl~ied by the Contractor o~ · tbe Contractor's obligations under this contract and the Requlationa relative to nond!scrlmdnatlop on the grounds of race, color, national origin, sex, age, or disabiU ty. .

4. .In1'ormat.1o.a. end~: The Contractor shall provido all intox:m.ation and reports required by the Regulations or directives issued pursuant thereto and shall pe~t access to its boob, records, accounts, other SQurces ot int"o1'mAtion, and ita facilities as may De dete~ned by the Connecticut Department of Trarisportation (ConnDOT) or the Funding Age.~.c;:y' (.r~~, . Fl'!\ ~n~ .. ~) ~o . be P.4Irtif:1~t to asc6l:tain c~~~anca with s':l~ Re~lations, order.s, and in"truc~0n.3 . Where any In~ormai::.ion required of a Contractor is in the exclu.slve possession of another who fails or retuses to furnish this intoDmation, the Contractor ahall so certify to ConnDOT or the Funding Agency, as appropriate, and shall set forth what &~forts it has made to obtain the ·intoDmation.

5. Sanotiona :for WoaOC1lpl1ance: In the event ot the Contractor I 8 noncompliance with the nondiscrimination provision" of this Contract, the ConnDOT sball impose such sanction., as it or the FUnding Agency may determine to be appropriate, including, . but not limited to:

A. Wi.thhold1ng contract payments until the Contractor is in- compliance} aDd/or

B. Cancellation, ter.miDatiou, or suspension of the Contract, in whole or in part.

IS. Xnec~r.t1on t4 hOV'iAiol18: The Contractor shall include the provision.s of paragraphs 1 through 5 in ·every subcontract, including procurements of materials and lease~ of equipment, ·unles3 exempt by the Requla~ons or directives issued pursuant thereto. The Contractor shall take .such action with respect to any s\lbc.ontract or procurement as the connDOT or the Funding Agency may direct as a means of enforcing such provisioDs including sanctions tor nOncompliance. Provided, however, that in the event a Contractor bee.omes involved in, or is threatened with, litigation with a subcontractor or supplier a., a result of such direction, the Contractor may request the ConnOOT to enter into such litigation to protect the interests of the FUnding Agency, and, in addition, the Contractor· may request the United Stat.~ to enter into such litigation to protect the interests of the United States.