INVITATION TO BID CITY OF NORWICH

OFFICE OF COMMUNITY DEVELOPMENT WAUREGAN CAFÉ & DELI AWNINGS

3 BROADWAY Bid # 7160

Due March 10, 2009

Sealed Bids will be received at the Office of the Purchasing Agent, Department of Finance, City of Norwich, City Hall Building, Norwich, Connecticut 06360 until 2:00 p.m. local time on March 10, 2009 at which time they will be publicly opened and read aloud. Specifications, including information for applicants, may be obtained at the Office of the Purchasing Agent. Bid surety in the form of a certified check or bond in the amount of 5% of such Bid is required. Applicant is to submit bid on the attached forms and in the manner requested. Bids must be deposited with the Purchasing Agent before closing time. Bids transmitted by facsimile will not be accepted. Attention is called to the fact that this is a Davis-Bacon prevailing wage project and is funded through the Department of Housing and Urban Development under the Housing and Community Development Act of 1974 as amended in 1977. Please refer to the Laborer (unskilled) classification on the prevailing wage list to find the appropriate wage rate, including fringe benefits. Contractors must ensure that employees and the applicants for employment are not discriminated against because of their race, color, religion, age, handicap, familial status, sex, or national origin. The City of Norwich is an equal opportunity/affirmative action employer. The City of Norwich intends to award this project to the lowest responsible and qualified bidder. The right is reserved to reject any or all, or any part of any bid or all bids where such action is deemed in the best interest of the City. All bids received must be in a sealed envelope. Each envelope is to be marked on the front with Bid number and the bidder's name. All bidders are subject to Ordinance No. 1235 adopted December 3, 1991. William Block Purchasing Agent

CITY OF NORWICH COMMUNITY DEVELOPMENT OFFICE

WAUREGAN CAFÉ & DELI AWNINGS 3 BROADWAY

BID #7160

FEBRUARY 2009

CITY OF NORWICH: WAUREGAN CAFÉ AND DELI AWNINGS ROBUSTA TYPE AWNINGS These awnings that are specified are similar to awnings that were in use at the turn of the century. They are similar to what is displayed on many businesses in districts with historical storefronts. FABRIC/COLOR: The color choice of the Purchaser is Forest Green, Sunbrella swatch # 4656 or equal approved by the Purchaser. Whatever fabric is selected must be a highly durable all weather fabric capable of maintaining an extended service life in New England environmental conditions. PROJECTION/CLEARANCE: The awnings shall be installed on both corners of the Wauregan Café and Deli. To make the most of the appearance and utility of the installation, the awnings shall carry the maximum projections provided by the manufacturer. The minimum clearance from the bottom of the awning to the sidewalk shall be 7’6”. MOUNTING: All awnings must be mounted securely to the face of the building structure in a manner that will not adversely alter the building’s appearance. Awnings shall be fixed, non-retractable type. A ledger board shall be affixed above the windows to give a secure, flat area to mount the awning products. Each of the awning arms will mount on the face that covers each of the columns between the existing windows. The Fypon material that covers the steel columns has a load capacity of 37 lbs. Per square foot. Behind the Fypon, stainless or galvanized fasteners will anchor the awnings into either wood jambs or steel inner structure. The fasteners must be 3/8” diameter at a minimum and must be adequate to support weight and wind load.

City of Norwich, Connecticut BID NO. 7160 DATE: February 23, 2009________________ BID FORM MUST BE SUBMITTED IN DUPLICATE REQUEST FOR PRICES QUOTATION ONLY__

Please return on or before: Tuesday, March 10, 2009 2:00 p.m. prevailing time ________________________________________________________________________ THIS IS NOT AN ORDER Item QTY DESCRIPTION Unit Total No. 1

Awnings, Wauregan Café & Deli

Office of Community Development

Furnish, deliver, and install awnings on the Broadway and Main Street sides of the Wauregan Hotel in strict accordance with the following conditions, specifications, and drawings.

Lump Sum Price

Awning Manufacturer ___________________

$

1. All quotations should be returned to the City Purchasing Agent, City Hall Building, Union Square, Norwich,

Connecticut 06360. 2. The right is reserved to reject any or all quotations, and unless specified by the vendor, to accept any item in

the quotation. 3. Quotations should be on requested items only. If for any reason a vendor substitutes one item for another, he

must so indicate on his quotation. 4. TAXES – Purchases made by the City of Norwich are exempt from the payment of Federal Excise Taxes, and

the Connecticut Sales Tax, and such taxes must not be included in bid prices.

PLEASE SPECIFY: Delivery Date: ________________________ City of Norwich Division of Purchasing Terms: ______________________________ Union Square Norwich, CT 06360 Firm Name: __________________________ Signature: ___________________________ Signed: ______________________________ Date: ___________________________

BIDDER’S NOTES The Robusta Awnings with Sunbrella fabric, pattern # 4656 have been specified because of the quality, operational features, and visual compatibility with this restored historic building. Bidders wishing to offer a different awning must document that their product is equal or superior to what is specified. All responding bidders are advised that whatever awning manufacturer is elected, due to the manner in which the building was renovated, that installation method detailed in the drawings herein MUST be strictly adhered to. By submitting a bid, all respondents hereby acknowledge that the decision of the Purchaser shall be final with no further recourse or appeal available to the bidders. Site inspection may be arranged by contracting Alex Bekiaris, Wauregan Café and Deli owner at 860 – 886 - 9200.

TABLE OF CONTENTS

PART 1 DEFINITIONS

2 BID REQUIREMENTS AND CONDITIONS

3 AWARD AND EXECUTION OF THE CONTRACT

4 SCOPE OF WORK 5 CONTROL OF WORK 6 CONTROL OF MATERIALS

7 LEGAL OBLIGATIONS

8 PERMITS AND LICENSING

Part 1-DEFINITIONS 1.02 Addendum A document issued by the City during the bidding period which modifies, supercedes or supplements the Bid documents. 1.03 Agreement The document stating the essential terms of the Contract, including the Contract Sum and the Contract Time, executed by the City and the Contractor, which incorporates by reference all the Contract Documents. 1.04 Alternate A proposed addition to, change in or deletion from the work of the Base Bid for which the City requires an individual bid price in order to determine the feasibility thereof. 1.05 Alternate Bid An amount stated in the bid by the Bidder or Bidder to be added to or deducted from the amount of the Base Bid for an alternate described in the Bid Documents. 1.06 Awarding Authority (also known as Owner, City) The City of Norwich acting through the Office of Community Development 1.07 Base Bid The Sum stated in the Bid for which the Bidder offers to perform the Work, exclusive of any alternate Bids. 1.08 Bid The Complete written offer of a Bidder to do the Work for a stipulated sum, with any additions or deductions required by the Alternates, made out and submitted on the prescribed form, and properly signed and guarantied. 1.09 Bid Bond A bid security in the proper form and amount pledging that the Bidder will enter in to a contract with the City to perform the Work if his Bid is accepted, and that he will furnish Contract Bonds. 1.10 Bidder (also known as Bidder) Any properly licensed individual or organization submitting a bid for the Work, acting directly or through an authorized representative. 1.11 Bid Documents The Notice to Contractors. Instructions to Bidders, Bid Form, sample Bid Bond, sample Contract Bond, these General Conditions, and the drawings and specifications and all addenda thereto. 1.12 Change Order A written agreement signed by the City and the Contractor, issued after execution of the Contract, providing for alterations, amendments of extensions thereto 1.13 City (also known as Owner) City of Norwich

1.14 Contract The agreement between the City and the Contractor for the Work of the Project, including the labor, materials and equipment to be furnished, the duration thereof, the payment to be made therefore, and incorporation all Contract Documents. 1.15 Contract Bond (also known as Performance/Payment Bond) Contract security in the proper forms and amounts pledging that the Contractor will faithfully perform the Work and will pay all obligations for labor and materials arising thereunder. 1.16 Contract Document The Contractor’s accepted Bid, the Contract Bonds, Workers’ Compensation Insurance, Public Liability and Property Damage Insurance in the required amounts, the Agreement, these General Conditions and The Drawings and Specifications and all authorized modifications thereof and Addenda thereto. The Notice to Contractors and the Instructions to Bidders are included by implication. 1.17 Contractor The Prime Contractor. The duly licensed individual or organization who has entered into a Contract with the Owner to perform the Work. 1.18 Contractors License A trade license issued by the State of Connecticut Department of Consumers Affairs authorizing the licensee to publicly engage in a specific type of construction endeavor. 1.19 Contract Sum The total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents, subject to mutually agreed upon additions or deductions as provided for therein 1.20 Contract Time The period of time allotted the Contractor to perform and complete the Work under the Contract Documents, subject to mutually agreed upon extensions or reductions as provided for therein 1.21 Community Development Block Grant Funds Federal funds administered by the United States Department of Housing and Urban Development. Projects utilizing these funds are subject to certain federal laws regarding wages, equal opportunity and labor conditions. 1.22 Department of Housing and Urban Development (HUD) The Federal agency responsible for administration of the Community Development Block Grant Program. 1.23 Damages Liquidated Damages 1.24 Drawings The official Project Drawings adopted and approved by the Owner, showing the location, character and dimensions of the Work, and including, as required, plans, elevations, sections, details diagrams, General Notes, information and schedules. Exact reproductions thereof. 1.25 Owner The owner designated by the Owner to oversee the Work. 1.26 Force Account Work

Work ordered to be done on the Project without prior agreement as to the cost thereof, and paid for at the actual certified costs to the Contractor for labor, materials and equipment directly required for the performance of such added work, plus stipulated percentages thereof for overhead, profit and bonds. 1.27 General Conditions This portion of the Contract Documents, which defines, sets forth or relates to the Contract terminology, and to the rights and responsibilities of the contracting parties and of others involved in the Work. Provisions of a general, non-technical nature. 1.28 Inspector The Owner 1.29 Legal Holidays City offices are closed on 1 January (New Years Day), The third Monday in January (Dr. Martin Luther King, Jr.’s birthday observance), the third Monday in February (Presidents Day), the last Monday in May (Memorial Day), 4 July (Independence Day), The first Monday in September (Labor Day), 11 November (Veterans Day), the fourth Thursday in November (Thanksgiving Day), the day following Thanksgiving Day, 24 December starting at noon, 25 December (Christmas Day), 31 December starting at noon, the Friday preceding a Saturday holiday, the Monday following a Sunday holiday and every day declared by the President or the Governor to be a legal holiday. 1.30 Liquidated Damages The fixed sum per day specified in the contract, or the actual detailed determination of the loss suffered by the City, that the Contractor will pay to the City for his failure to complete the Work within the Contract Time. Also, the Bid Security forfeited by the awarded Bidder to the City should he fail or refuse to execute the Contract. 1.31 Penal Sum The amount named in the Contract Bonds as the damages to be paid to the City by the Contractor in the event he fails to perform his contractual obligations as defined therein. 1.32 Permit A document issued by the City to authorize specific work by the applicant 1.33 Prevailing Wage On projects funded with CDBG funds, the prevailing wage is that wage that conforms to the requirements of the Davis Bacon Act and issued by the U.S. Department of Labor. These wage determinations are included as an attachment to these General Conditions. 1.35 Product Data Illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate and define a material, product or system for some portion of the Project. 1.36 Project (also known as the Work) The total job, as prescribed the Contract Documents 1.37 Project Manual The bound volume containing the Project bidding requirements, Contract forms, General Conditions and Specifications 1.38 Bid A Bid

1.39 Retention Retainage. The sum withheld from the Contractor’s progress payments as part of security for the detailed completion of the Work, and released after thirty-five (35) calendar days following the Notice of Completion. 1.40 Shop Drawings Drawings, diagrams, schedules and other data specially prepared for the project by the Contractor or a Subcontractor to illustrate how specific portions of the Work will be fabricated or installed 1.41 Specifications The technical written description of the Work, including the Scope thereof, materials to be used, methods of installation and quality of workmanship. 1.42 Subcontract An agreement between the Contractor and a Subcontractor for the performance of a portion of the Work. 1.43 Superintendent The executive representative of the Contractor who shall be present at the work Site at all times during the performance of the Work. Such Superintendent shall be fully authorized to receive and fulfill instructions from the Owner and to execute and direct the Work on behalf of the Contractor. 1.44 Unit Price An amount stated in the Bid as a price per unit of measurement for materials or services as required by the Bid Documents. 1.45 Work The furnishing of all items of labor, material, equipment, transportation and incidentals required to fully complete the Project as described in the Contract Documents. 1.46 Working Day Every calendar day except Saturdays, Sundays and Legal Holidays. Part 2-BID REQUIREMENTS AND CONDITIONS 2.01 Competency of Bidders A. At the time of the Bid opening, the Bidders and their subcontractors must be licensed

in the State of Connecticut to perform the required professional services. Evidence of such licensing shall be presented to the owner upon request.

B. Prior to issuing the Bid documents, the Owner may require the Bidder to present satisfactory evidence that he has sufficient experience in their pertinent trade and that he is fully prepared with the necessary capital, materials, equipment and skilled workers to fulfill the Contract should he receive the award.

C. No person or organization may bid on work of any kind for which they are not properly licensed, and any such bid will be disregarded.

2.02 Contractor’s Financial Qualifications 1. Attention is called to the fact that the Owner will require that the Contractor be

possessed of enough liquid capital to assume completion of the contract without

liens of assignments, and to insure payment of obligations arising from such work.

2. The owner shall have the right to take such steps as he deems necessary to

determine the ability of the applicant to perform the work and the Applicant shall furnish the Owner with information and data for this purpose as the Owner may request. The right is reserved to reject any Bid where on investigation of the evidence or information submitted by such Applicant does not satisfy the Owner that the Applicant is qualified to carry out properly the terms of the Contract.

3. The Applicant shall submit, prior to award of Contract, if required by Owner, a

written statement giving answers to the following questions.

a. Has Applicant ever been in default on a Contract, giving full particulars.

b. Work now being carried on by the Applicant. 2.03 Preparation of Bids The City of Norwich, acting through its Purchasing Agent, requests bids on the forms attached herein, all blanks of which must be appropriately filled in. Bids will be received by the Purchasing Agent, City Hall, until 2:00 p.m. on March 10, 2009 when they will be publicly opened. The envelopes containing the bids must be sealed, addressed to the "Attention of the Purchasing Agent," City Hall, Norwich, Connecticut, and designated Bid #7160.

A. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities in or reject any and all bids. Any bids may be withdrawn prior to the above-scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No applicant may withdraw his bid within 60 days after the actual date of the opening thereof.

B. Bids shall be submitted on the Bid Form included in these documents. Fill in all blank spaces manually in ink or by typewriter. Express sums in both words and figures where so provided for: in case of discrepancy between the two, the written amount shall govern.

C. Each bid shall include the legal name of the applicant and a statement that applicant is a sole proprietor, a partnership, a corporation, or some other legal entity. Bids shall be signed by the person or persons legally authorized to bind the applicant to a contract. A bid by a corporation shall further give the state of incorporation and have a current power of attorney attached certifying the agent's authority to bind the applicant.

D. Each bid must be submitted in sealed inner and outer envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. Both envelopes, containing this information and

clearly labeled "BID DOCUMENTS" are to be prepared in this manner so as to guard against opening prior to the time set therefore.

E. By submitting a bid, each applicant represents that he has read and understands the bidding documents, that he has visited the site and has familiarized himself with the conditions under which the work will be prosecuted and that his bid is based on the materials described in the Documents.

2.04 Examination of Site (Pre Bid Conference) Each applicant must inform himself fully of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve the successful applicant of his obligation to furnish all materials and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in his bid. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with traffic, the use of existing facilities and utilities or the use of municipally or state or privately owned lands. The Contractor must satisfy himself by his own investigation and research as to the nature and location of the work, the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, water, electric power, roads, means of access, the construction and making of connections of the work to existing facilities and utilities, or other similar conditions at the site, the character of equipment and facilities needed preliminary to and during the prosecution of the work, requirements of owners and controlling authorities having jurisdiction over the various lands, existing structures, facilities and utilities, and all other conditions affecting the work to be done and labor and materials needed, and make his bid in sole reliance thereon, and shall not at any time after the submission of a bid assert that there was any misunderstanding in regard to the nature or amount of work to be done. 2.05 Discrepancies or errors in the Bid Documents If omissions, discrepancies or apparent errors are found in the Drawings, Specifications or other Bid Documents prior to the date of the bid opening, the Bidder shall request clarification. If warranted, and if time permits, corrections or instructions will be given to all Bidders in the form of a written Addendum. Otherwise, in figuring the Work, Bidders shall be governed by Section 2.06 Interpretation of Drawings and Specifications, below. 2.06 Interpretation of Drawings and Specifications

A. The Drawings, Specifications and all authorized supplements thereto are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative and to describe and provide for a complete Work.

B. Should it appear that the Work to be done, or any of the matters relative thereto, is not sufficiently detailed or explained in the Drawings or Specifications, the Contractor shall apply to the Owner for such further explanation as he deems necessary, and shall conform to the same as part of the Contract so far as may be consistent with the original documents. Any

doubt or question arising respecting the true meaning and intent of the Drawings or Specifications shall be referred to the Owner, whose decision thereon shall be final. Any discrepancy between the Drawings and the Specifications shall be referred to the Owner for clarification. The Owner will issue this clarification by method of an addendum.

C. In the event of any discrepancy between a drawing and the figures written thereon, the figures shall be taken as correct.

2.07 Product Substitutions

A. Written request for approval of any product substitution shall be submitted to the Purchasing Agent by the Bidder at least five (5) business days before the date of the bid opening. The request shall contain all information necessary for a proper comparison and evaluation, including a description of any change to the work necessitated by acceptance of such substitution.

B. Acceptance of substitution by the Owner will be confirmed through issuance of an Addendum. Bidders shall not rely upon approval made in any other manner.

2.08 Subcontractors

A. Each portion of the work shall be performed by an organization knowledgeable and experienced in the particular field. No such portion shall be reserved by the Bidder to perform himself/herself unless he/she fully equipped and sufficiently skilled to handle it properly. Each Bidder shall include a complete list of the categories of the work and the subcontractor proposed for each.

B. No part of the contract or of the subcontracts shall be assigned, transferred to or sublet without the written consent of the Owner.

C. If the Bidder fails to specify a subcontractor for any portion of the work, he shall be deemed to have agreed to perform such portion himself/herself. He/she shall not be permitted to subcontract that part of the work except in cases of public emergency or necessity, and then only after the finding of the awarding authority has been publicly recorded.

D. Each bid shall have listed therein the name, address and category of work of each subcontractor to whom the Bidder proposes to subcontract a portion of the Work in an amount in excess of one and one-half of one percent of the total base bid.

E. The Bidder shall list no more than one (1) subcontractor for each portion of the Work.

2.09 Corrections on Bids Erasures or other changes in the bid must be explained or noted over the signature of the applicant. 2.10 Withdrawal of Bids Bids may be withdrawn personally or on written or telegraphic request dispatched by the applicant in time for delivery in the normal course of business prior to the time fixed for the opening, provided that written confirmation of any telegraphic withdrawal over the

signature of the applicant is placed in the mail and postmarked prior to the time set for the opening of the bids. Negligence on the part of the applicant in preparing his bid confers no right of withdrawal or modification of his bid after such bid has been opened. 2.11 Bid Security Each bid shall be accompanied by the bid security in an amount equal to five (5%) percent of the bid amount and in the form of a certified check or a Bid Bond prepared on the form of Bid Bond attached hereto, duly executed by the applicant as principal and having as surety thereon a surety company approved by the Owner. Make the checks payable to the City of Norwich or identify the City as the Obligee in the Bond. Applicants who submit bid security in check form shall be considered bound by the conditions set forth in a Bid Bond. Such checks or Bid Bonds will be returned to all but the three lowest bidders within three days after the opening of bids, and the remaining checks or Bid Bonds will be returned promptly after the Owner and the accepted bidder have executed the contract; or if no award has been made within 60 days after the date of the opening of the Bids, upon demand of the applicant at any time thereafter, so long as he had not been notified of the acceptance of his bid. 2.12 Rejection of Irregular Bids

A. Notwithstanding the right of the Owner to waive irregularities, Bids may be rejected if they show any alterations of form, if they contain additions not called for, if they are conditional or incomplete, or if they diverge from the conditions in any manner.

B. Bids in which the prices are unbalanced may be rejected. 2.13 Disqualification of Bidders

A. More than one Bid from an individual or an organization, under the same or different name, will not be considered and all such Bids will be rejected.

B. Reasonable grounds for believing that any Bidder is involved in eth Bid of any other Bidder for the Work contemplated will result in the rejection of all such Bids. If there is reason for believing that collusion exists among Bidders, none of the participants in such collusion will again be considered or permitted to bid on any future projects done by the Owner.

PART 3-AWARD AND EXECUTION OF THE CONTRACT 3.01 Contract A contract in the form set forth hereinafter will be required to be executed by the successful applicant and the Owner. The attention of all applicants, therefore, is called to the form of said proposed contract and the provisions thereof. 3.02 Selection Criteria The selection Criteria will be based on the following items:

• Conformity with Specifications

• Price

3.03 Contractors Performance Bond Requirements The successful applicant must, within 10 business days from the date of acceptance of his bid, be ready to enter into a fully executed contract with the Owner. At that time, upon execution of the contract, the contractor shall deliver a corporate surety bond or equivalent security, guaranteeing completion of the job in accordance with the bid with the City. This bond or equivalent security shall be for 100% of the amount of the contract. The cost of a bond is to be figured as part of the cost of the job. The Surety Company, must be one licensed to do business in the State of Connecticut and must be satisfactory to the Owner. 3.04 Liquidated Damages for Failure to Enter into Contract

The successful applicant, upon his failure or refusal to execute and deliver the contract and bonds required within 14 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. 3.05 Time of Completion and Liquidated Damages The applicant must agree to commence work on or before a date to be specified in a written notice to proceed of the Owner and to fully complete the project within the date specified in the contract – 30 days from the Notice to Proceed. The applicant must agree also to pay as liquidated damages, the sum of $200.00 on each consecutive calendar day thereafter. 3.06 Contractor’s Bond & Insurance Requirements Each applicant must be able to enter into contract, covering the work, within 10 business days from the acceptance of his bid. The successful applicant must, within 10 business days from the date of acceptance of his bid, be ready to enter into a fully executed contract with the Owner. At that time, upon execution of the contract, the contractor shall deliver a corporate surety bond or equivalent security, guaranteeing completion of the job in accordance with the bid with the City. This bond or equivalent security shall be for 100% of the amount of the contract. The cost of a bond is to be figured as part of the cost of the job. The Surety Company, must be one licensed to do business in the State of Connecticut and must be satisfactory to the Owner. The successful applicant must, within 10 days from the date of acceptance of his bid, file with the City, Workmen's Compensation, Comprehensive General Liability, Comprehensive Auto Liability, Certificates of Insurance satisfactory to the City, in compliance with the law, and in the following form and amount:

Comprehensive General Liability Premises - Operations - Products/Completed Operations General Aggregate...............…$1,000,000.00 Occurrence....................…….. $1,000,000.00 Comprehensive Automobile Liability

Combined Single Limit................……$1,000,000.00 Workmen's Compensation.................Statutory Employer's Liability.................………..$ 100,000.00 Fire and Special Extended coverage in Builder's Risk policy in the amount of 100% of insurable completed value. If subcontractors are employed, the same limits as named above shall apply to the subcontractors and their certificates of insurance must be filed with the City. No contract shall be binding upon the City of Norwich until the required bond shall have been given and until Comprehensive General Liability, Comprehensive General Auto Liability and Workmen's Compensation policy certificates indicated above have been filed with the City and approved as to form and sufficiency by the Owner. The insurance policy certificate provided by the successful applicant and all subcontractors shall carry a statement by the insurance company that the City of Norwich will receive at least ten (10) days notice prior to cancellation of any portion of the policies or any modifications in the insurance coverage that may affect the City's interest. The cost of all insurance coverage shall be included in the price of the contract cost. The insurance company must be licensed to do business in the State of Connecticut and must be satisfactory to the City of Norwich. THE CITY OF NORWICH MUST BE NAMED AS ADDITIONAL INSURED.

PART 4-SCOPE OF WORK 4.01 CHANGES IN THE WORK

A. No additive or deductive change in the Work will be authorized except through a written, cost-itemized Change Order, signed by the Contractor and approved by the Owner and the Owner, and no such change shall commence until such Change Order is approved.

B. Should the parties be unable to agree on the costs for the changes, or if itemization is impractical, the Owner may instruct the Contractor to proceed by Force Account and he shall be paid therefore as provided hereinafter.

4.02 CHANGE ORDERS A. The Owner may order changes, additions or deductions in the Work at any time during the course of the Project through standard written Change Orders. B. The Owner and the Owner (if there is one) must approve all Change Orders in writing. The Contractor shall bear the expense and responsibility for any changes not

authorized in writing by the Owner and the Owner, irrespective of any oral directions, understanding or suppositions. C. Accepted Change Orders shall not invalidate the Contract or any provisions thereof. The Contractor shall, in all respects, execute all authorized changes under the original conditions of the Contract, excepting adjustments made on claims for payment or time. D. Changes in the Work, when ordered and accepted, shall be paid for under the terms of the Contract, and such payments shall be made at the lump sum or unit price agreed upon by the Contractor and the Owner, or by Force Account.

4.03 UNAUTHORIZED WORK Work done in the absence or without the knowledge of the Owner, or any extra work done without written authority, will be considered as unauthorized and at the expense of the Contractor and will not be measured or paid for by the Owner.

4.04 RESPONSIBILITY FOR EXISTING UTILITIES The Contractor shall be responsible, at his own cost, for any and all work, expense or special precautions caused or required by the existence of proximity of utilities encountered in performing the Work, including, without limitation thereon, repair of any an d all damage, and all hand or exploratory excavation required. The Contractor is cautioned that such utilities may include communication or electrical cables which may be high voltage, and the ducts enclosing such cables, as well as gas and water piping. When working or excavating in the vicinity thereof, the special precautions shall be observed, shall include exposing all such cables, wiring, ducts, conduit and piping by careful hand excavation or cutting so as not to damage them or cause personal in jury. Suitable warning signs, barricades and safety devices shall be erected as necessary.

PART 5-CONTROL OF WORK 5.01 AUTHORITY OF THE OWNER The Owner shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the Drawings and Specifications; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and implement such decisions and orders that the Contractor fails to carry out promptly.

5.02 AUTHORITY AND DUTIES OF INSPECTORS A. Duly authorized Inspectors, who shall perform their duties under the direction of the

Owner, may be assigned to the Project or each part thereof. The presence of an Inspector shall in no way lessen the responsibility of the Contractor. In case any dispute arises between the Contractor and an Inspector as to materials furnished or the manner of performing work, the Inspector shall have authority to reject materials or suspend the work until the questions at issue can be referred to, and decided by, the Owner. The Inspector is not authorized to revoke, alter, enlarge, relax or release any requirement of these General Conditions, nor to approve or accept any portion of the Work, nor to issue instructions contrary to the Drawings and Specifications.

B. Exceptions to the foregoing apply to: 1. Any Inspector from the Building Division or the Community Development Agency, or

from a local municipality having jurisdiction, who shall have full authority to make and enforce decisions regarding compliance with constructions codes.

2. The City of Norwich Fire Marshal, or the fire marshal from the local municipality

having jurisdiction, who shall have full authority to make and enforce decisions regarding compliance with fire safety requirements.

3. Any Inspector from Uncas Health District or the State of Connecticut Department of

Public Health, who shall have full authority to make and enforce decisions regarding health and sanitation requirements, where applicable.

5.03 SUPERINTENDENCE The contractor shall, at all times, have a competent and experienced Superintendent as his agent on the Project. The Superintendent shall be in charge of the Work, shall be capable of reading and thoroughly understanding the Drawings and Specifications, and shall have full authority to execute the orders or directions of the Owner without delay and to promptly furnish such labor, materials, equipment, tools and incidentals as may be required. Such Superintendent shall be provided irrespective of the amount of work sublet. 5.04 WORKMANSHIP A. The Contractor shall provide all skilled workers necessary to properly fabricate, transport, erect, apply and install the Work to the highest trade standards.

B. The Contactor shall be responsible for verifying all dimensions and elevations at the Site. 1. The Contractor shall check all dimensions and grades as the layout progresses,

between the various Drawings and trades, and as indicated by the Specifications. He shall call any conflicts to the attention of the Owner prior to proceeding with construction.

2. The Contractor shall coordinate, schedule and sequence the operations so as to permit

suitable construction and protect existing or new improvements from any damage.

C. The Contractor shall support plumb, rigid and true to line all work furnished. He shall study thoroughly all available drawings and catalog date to determine how the material is to be supported, mounted or suspended, and shall provide all bolts, inserts, structural shapes, brackets and accessories necessary for property support. D. All attachments, connections, fastenings and inserts of any nature shall be properly and permanently secured in conformance with the best practice, and the Contractor is responsible for providing them according to these conditions. The Drawings show only special conditions to assist the Contractor; they do not illustrate every such detail. E. Finished work shall be firm, well anchored, in true alignment, plumb, level, of smooth, clean appearance, without waves, distortions, holes, marks, cracks, stains or discoloration. Jointing shall be close fitting, neat and well scribed. Finished work shall have no exposed unsightly anchors or fastenings, and shall not present hazardous, unsafe or unfinished protrusions, offsets, burs, raw edges or sharp corners. All work shall have provisions for expansion, contraction and shrinkage as necessary to prevent cracks, buckling and warping. F. No work defective in construction or quality, or deficient in any requirement of the Drawings and Specifications will be acceptable as a consequent of the City’s failure to discover or to point out such defects or deficiencies during construction; nor will the presence of Inspectors of the Work relieve the Contractor from responsibility or securing the quality and progress thereof as required by the Contract. G. The intent of the Contract is to achieve a finished, workmanlike job, complete in all respects. Anything reasonably implied or intended to accomplish this end shall be furnished and installed.

5.05 CONFORMANCE WITH DRAWINGS Finished surfaces shall conform with the plans, elevations, sections, details and dimensions shown on the approved Drawings. Deviations from the Drawings, if required by the exigencies of construction will, in all cases, be determined by the Owner and authorized in writing.

5.06 MANUFACTURER’S INSTRUCTIONS Where the Specifications require that such items as materials, products or processes are to be installed or applied in accordance with the manufacturer’s instructions, directions or specifications, or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the item concerned for use under conditions similar to those at the Job Site. 5.07 SUBMITTALS A. Unless noted otherwise the Specifications, the Contractor shall submit to the Owner six (6) sets of Shop Drawings and other descriptive date for all work for which submittals are specifically required, three (3) marked sets of which will be returned to the Contractor. All submittals shall be fully identified as to project, agency, location, work order and contract numbers, and the Contractor’s business name. B. All submittals shall be made within a period which will cause no delay in the Work. The Contractor shall allow reasonable time for review by the Owner. C. The submittals shall be clear and legible prints which shall indicate completely the materials, articles, equipment and work to be done; the actual details of all manufactured or fabricated items; the proper relation to adjoining and kindred work; and shall amplify design details of mechanical, electrical and other equipment in logical relation to physical spaces in the structure. D. Submittals are defined as fabrications, erection, roughing-in and setting drawings; wiring and control diagrams; schedules and lists of materials and equipment; descriptive literature, catalogs, brochures, pamphlets and cuts; performance and test data, part lists, maintenance and operating instructions; and other descriptive data pertaining to materials, equipment and methods of construction as required to clearly delineate the Work. The Owner may require the Contractor to provide additional specific data or information where particular items of work are not fully or clearly described in the submittals.

E. The Owner will review all submittals for conformity with design requirements only, noting thereon any necessary corrections. Not withstanding approval thereof, the Contractor shall remain responsible for his own errors contained in such submittals and for full compliance with all requirements of the Contract, including, without limitation, the accuracy of quantities and dimensions, the quality of the Work, conformance to actual conditions in the Work, and coordination and fit of his work with all other work. The Owner’s approval of the submittals does not constitute approval of any detail thereof which is in conflict with the Drawings or Specifications unless there is specific written authorization therefore.

F. When specifically directed by the Owner, the Contractor shall resubmit such Shop Drawings and descriptive data as may be required, and shall continue such directed resubmission until approval is obtained.

5.08 COORDINATION AND COOPERATION A. Where the Work is being performed in an occupied facility, close coordination and cooperation between the Owner and the Contractor will be of the greatest importance so as to keep interference the normal routine to an absolute minimum. It shall be the Contractor’s responsibility to obtain prior approval from the Owner for the scheduling of any work that will result in unavoidable interference so that arrangements can be made to maintain the necessary level of operations. B. The Contractor shall be responsible for the scheduling of all work. C. The Contractor and his Subcontractors shall coordinate their work and shall cooperate so as to facilitate the general progress thereof. Each trade shall afford the other trades every reasonable opportunity for the installation of their work and the storage of their materials and equipment. D. The Contractor and his Subcontractors shall carefully check their respective work and reach clear understanding as to the items furnished by each and their sequence of placement.

5.09 ACCIDENT PREVENTION Precautions shall be exercised at all times for the protection of persons (including the Contractor’s employees) and property. The Contractor shall install adequate safety guards and protective devices for any and all equipment and machinery, whether used in the Work or installed as a part thereof. All care shall be employed to insure that the work proceeds under the highest standards of safety and prudence, and in compliance with all applicable laws relating to safety precautions. 5.10 FIRE CONTROL A. No open fires will be permitted on the Site.

B. Approved and sufficient fire extinguishing equipment must be provided at each location of the Work whenever torch-cutting, welding or other fire hazardous operations are in progress. 5.11 CLEANLINESS

At the conclusion of each day’s work, all loose material and equipment shall be stored as hereinafter provided, and all debris shall be cleaned up and removed from the Site.

Where the Work is being performed in an occupied facility, the Contractor shall exercise strict cleanliness control whenever engaged in saw-cutting operations, gypsum board topping and sanding, plastering or similar dust or “mud” producing work. Excessively drifting dust or the tracking of dust or “mud” within the building will not be permitted. The building and grounds shall be kept clean at all times. After completion of the Contract and before receiving the final payment, the Contractor shall have all parts of the Site cleaned wherever such cleaning is needed as a result of work performed on the Project. Upon final acceptance of the Work, all tools, containers and equipment, and all rubbish and debris resulting therefrom, shall have been removed from the premises. All defects and blemishes shall have been touched up and all finger marks removed. The entire area where the Work was performed shall be left perfectly clean with respect thereto. 5.12 PATCHING AND REPAIRS A. Repaired areas, and areas adjacent that are damaged due to repairs (demolition and/or construction), shall have their finishes extended so as to restore their surfaces. B. The portions of the Site upon which work is not being done under the Contract shall be accepted by the Contractor in their existing condition, and any damage or breakage caused by the furnishing, transporting or installing of materials or equipment, or by alterations, shall be repaired or replaced by the Contractor without any expense to the City.

5.13 INSPECTION A. The Contractor shall, at all times, permit the Owner and his authorized agents to visit and inspect the Work or any part thereof. He shall maintain proper facilities and provide safe access for such inspection to all parts of the Work, and to the Shops where the Work is in preparation. B. Where the Contract required work to be tested by the Contractor, it shall not be covered up until inspected and approved by the City. The Con tractor shall be solely responsible for notifying the Owner where and when such work is in readiness for inspection and testing. C. Whenever the Contractor intends to perform work on Saturday, Sunday or a legal holiday, he shall give notice to the Owner of such intention 24 hours prior to performing such work, or such longer period as may be specified, so that the City may make the necessary arrangements.

5.14 FINAL INSPECTION

Whenever the work provided and contemplated by the Contract shall have been satisfactorily completed and the final cleaning up performed, and the Contractor so notifies the Owner who shall make the final inspection. 5.15 PAYMENTS The Schedule for payment will be the following: The Schedule for Payment is outlined in the BID The Contractor must apply to the Owner for certification that the Work has been 100% completed in accordance with the Project Specifications. The Owner will release payments upon receipt of certification by Owner. Note: Final payment for work will not be made until the Owner is satisfied that no liens can or have been placed for material or labor on this work. The Contractor shall furnish the Owner, upon a written request, with waivers of lien from the principal subcontractors and suppliers.

5.16 CLEAN UP This work will not be considered as complete and final payment will not be made until all grounds occupied by the Contractor in connection with the work shall be cleared of all surplus and discarded materials, rubbish and temporary structures. All property which has been damaged during the work shall be restored to a neat and presentable condition to the satisfaction of the Owner.

PART 6-CONTROL OF MATERIALS 6.01 QUALITY OF MATERIALS

A. Before the Contract is awarded, each Bidder may be required to furnish a complete statement of the origin, composition and manufacturer of any or all material to be used in the construction of the Work, together with samples, which samples may be subjected to tests, provided for herein, to determine their quality and fitness for the Work.

B. All materials shall be new, shall be the manufacturer’s latest products and shall be the first quality in keeping with the highest trade standards.

C. When the Contract documents indicate of require that materials, articles or equipment are to be furnished, but the quality or kind thereof is not particularly

specified, shown or indicated, the Contractor shall furnish materials, articles or equipment at least equal to the class or quality of similar materials, articles or equipment which are specified, shown or indicated. No claim for additional compensation based on the Owner’s failure to specify or indicate the class, type or quality of materials, articles or

equipment will be recognized in any event, unless the Contractor makes a clear showing that he could not determine the class, type or quality of materials, articles and equipment to be furnished from the Drawings or Specifications or by application of the Subarticle. D. Approved products and materials shall be delivered to the Job Site in their original containers, with seals unbroken and labels intact. E. All materials shall comply with the standards of:

1. American National Standards Institute (ANSI) 2. American Society for Testing and Materials (ASTM)

6.02 SPECIFIED MATERIALS A. For the convenience in designation on the Drawings or in the Specifications, brand or trade name or the name of a manufacturer, together with a catalog number or other identifying information my describe certain materials, articles or equipment. Unless otherwise noted, such designation is for descriptive purposes only and does not mean that a particular product has any preference nor that an approved alternative product may not be used. All such designations shall be deemed to be followed by the words, “or approved equal”. B. Where materials, articles or equipment are specified only by type, style and rating, the Bidder may choose any manufactured whose products meet or exceed the specifications. C. In certain instances materials, articles or equipment must exactly match those already existing in place. In such circumstances the specified items required will be clearly designated and no substitutions will be permitted. D. When descriptive catalog designations, including the manufacturer’s name, product brand name or model number are referred to in the Bid Documents, such designations shall be considered as being those found in industry publications of current issue at date of first invitation to bid, unless noted otherwise. E. When standards of the Federal or State governments, trade societies or trade associations are referred to in the Bid Documents by specific date of issue, they shall be considered a part of this Contract. When such references do not bear a date of issue, the current published edition at the date of first invitation to bid shall be considered as part of this Contract. 6.03 ALTERNATIVE MATERIALS A. The use of alternative or substitute materials, articles or equipment which are of equal or better quality and of the required characteristics for the purposes

intended, if not otherwise prohibited, will be permitted if approved by the Owner, and provided the Contractor request such approval in writing in accordance with the following requirements: 1. All such requests for approval, if not made prior to the bid opening, as required, shall be made within thirty (30) calendar days of the date of the Notice of Award, if authorized, including any required resubmittals thereof following disapproval. In exceptional cases, where the best interests of the City so require, the Owner may give written consent to submittal or resubmittal of an alternative product for approval after expiration of the prescribed time limit. 2. All requests for use of alternative materials, articles or equipment shall be accompanied by complete information and descriptive data necessary to show the quality of the alternative items. The Owner shall be the sole judge as to the comparative quality and suitability of the alternative products, and his decision thereon shall be final. The burden of proof as

to the comparative quality and suitability of the alternative products for approval after expiration of the prescribed time limit. B. Where material is specified by capacity or performance, then the burden of proof shall be on the Contractor to show that any particular equipment, articles or materials meet the minimum capacities or the performance requirements shown on the Drawings or as specified. The Contractor shall furnish at his own expense all information necessary to determine whether such minimum capacities or performance requirements will be met. C. The installation of any approved alternative materials, articles or equipment is the Contractor responsibility. Any mechanical, electrical, structural or other changes required for the proper installation and fit of the alternative materials, articles or equipment shall be made without additional cost to the City, and shall be subject to approval by the Owner. 6.04 SAMPLES AND TEST A. At the option of the Owner, the source of supply of each of the materials shall be approved by him before delivery is started and before such material is used in the Work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor ore producers of all materials to be used in the Work, for testing or examination, if requested by the Owner.

B. All test of materials furnished by the Contractor shall be made in accordance with commonly recognized standards as set forth in the Specifications, and such other special methods and tests as may be prescribed. C. The Contractor shall furnish such samples of materials as are requested by the Owner, without charge. No material shall be used until it has been approved by the Owner. Samples will be secured and tested by a laboratory whenever necessary to determine the quality of the material. D. If authorized by the Owner, the approved materials samples may be used in the Work. 6.05 DEFECTIVE MATERIALS All materials not conforming to the requirement of the Specifications shall be considered as defective, and shall be rejected. They shall be removed immed- iately from the Site, at the sole expense of the Contractor, unless otherwise permitted by the Owner. No rejected material, the defects of which have subsequently been corrected, shall be used until approved in writing by the Owner.

6.06 STORAGE OF MATERIALS A. All materials, articles and equipment shall be stored so as to insure the preservation of their quality and fitness for the Work, and shall be located so as to facilitate their prompt inspection. B. Where the Work is being performed in an occupied facility, all materials and equipment left on the premises overnight shall be stored in a location as assigned by the Owner. The Contractor shall insure that materials so stored are adequately protected for moisture, soiling or damage of any kind whatsoever.

(i) Because this on-site storage is for the Contractor’s convenience, and is furnished only as a courtesy by the Owner, the Contractor is cautioned to provide for the security of his stored property. The City will accept no responsibility for damage or loss due to vandalism, theft or any other cause.

6.07 PROTECTION OF MATERIALS All material provided under this Contract shall be protected form damage during shipping, storage and installation. Any material that is damaged shall either be repaired to the satisfaction of the Owner or be replaced with new, at no additional cost to the Owner.

6.08 PROPERTY RIGHTS IN MATERIALS

Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or the soil, or after payment has been made for fifty percent (50%) or more of the value of materials delivered to the Site, whether or not they have been so attached or affixed. All such materials shall become the property of the Owner upon being so attached or affixed, or upon payment of such fifty percent (50%) or more of their value.

Part 7-LEGAL OBLIGATIONS 7.01 Laws and Regulations The applicant’s attention is directed to the fact that all applicable state laws, federal laws, municipal ordinances and rules, and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract the same as though herein written in full. 7.02 Indemnity The Contractor shall indemnify and save harmless the City against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, of or by anyone whomsoever, in any way resulting from or arising out of the operations in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of contractor or his subcontractors. Insurance coverage specified herein and in any special conditions constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of contractor under the terms of the contract. The Contractor shall procure and maintain, at his own cost and expense, any additional kinds and amounts of insurance which in his own judgment, may be necessary for his proper protection in the prosecution of the work. The Contractor agrees to well and truly save and indemnify and keep harmless, the City against all liability, judgments, costs and expenses which may in any wise come against the City or which may in any wise result from carelessness, omission or neglect of the Contractor or his agents, employees or workmen in any way arising or resulting from the operation in connection herewith. 7.04 Federal Requirements for Community Development Block Grant Funded

Projects Applicants are notified that this project is funded through the Department of Housing and Urban Development under the Housing and Community Development Act of 1974 as amended in 1977. Applicants are reminded that not less than the minimum wages and salaries as set forth in the Contract Documents must be paid on this project and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, age or handicapped status.

7.05 Nondiscrimination The Contractor agrees and warrants that in the performance of this contract he will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, sex, mental retardation or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved in any manner prohibited by the laws of the United States or of the State of Connecticut, and further agrees to provide the Commission on Human Rights and Opportunities with such information requested by the Commission concerning the employment practices and procedures of the Contractor as relate to the provisions of this section. 7.06 Equal Opportunity During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, or age. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, sex, religion, national origin, or age. Such action will include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by an appropriate agency of the Federal Government setting forth the requirements of these nondiscrimination provisions. (2) The Contractor will state in all solicitations and advertisement for employees placed by or on behalf of the contractor that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, national origin, or age. (3) The Contractor will send a notice provided by the Owner to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, as amended, and will post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The Contractor will comply with all provisions of Executive Order No. 11246, and of the rules, regulations, and relevant orders by the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records and accounts by an appropriate agency of the Federal Government and by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with equal opportunity conditions or with any such rules, regulations or orders, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further government contracts or federally assisted contracts in accordance with procedures authorized in Executive Order No. 11246, and such other sanctions may be imposed and remedies invoked as provided in the Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include all Paragraphs (1)-(7) in every subcontract or purchase order the Contractor enters into unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant of Section 202 or Executive Order No. 11246, so such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or vendor as the appropriate agency of the Federal Government may direct as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event the Contractor becomes involved in, or is threatened by the appropriate agency of the Federal Government, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. 7.07 Compliance with Federal Environmental Laws In compliance with requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended: (1) The contractor and any subcontractor stipulates that any facility to be utilized in

the performance of any non exempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA).

(2) The contractor agrees to comply with all the requirements of section 114 of the

Clean Air Act, as amended (42 USC 1857c-8) and section 308 of the Federal Water Pollution Control Act as amended (33USC-1318) relating to inspection monitoring, entry, reports and information, as well as all other requirements

specified in said section 114 and section 308, and all regulations and guidelines issued thereunder.

(3) The contractor will give the City prompt notice of any notification received from

the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.

(4) The contractor will include or cause to be included the criteria and requirements

in paragraph (1) through (4) of this section in every nonexempt subcontract and the contractor will take such action as the Governor may direct as a means of enforcing such provisions.

7.08 Access to Contractor’s Books, Documents, Papers and Records The City of Norwich, the Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to the C.D. Block Grant Program for the purpose of making audit, examination, excerpts and transcriptions. 7.09 Wages The wages paid to any mechanic, laborer or worker employed upon the work herein contracted to be done shall be at a rate equal to the rate of wages prevailing for the same work in the same trade or occupation in the Norwich area as determined by the Wage Requirements Office of the Department of Housing and Urban Development and shall comply with the Davis-Bacon Act. If a conflict between minimum Federal and State wage scales should occur, the higher of the two shall apply to this project. In compliance with the Davis-Bacon Act, "For contracts exceeding $2,000.00 each contractor or subcontractor shall furnish the recipient government within seven (7) days after the regular payment date of weekly payroll period, a Statement with respect to wages paid to each of the contractor's employees." The statement may be contained on Form WH-348 - "Statement of Compliance", or an identical form on the back of WH-347 "Payroll". Form WH-347 "Payroll" is to be submitted to the Office of Community Development, 23 Union Street, Norwich, Connecticut 06360 within seven (7) days following the end of the weekly payroll period. 7.10 Safety and Health Regulations This project is subject to all of the safety and health regulations as promulgated by the United States Department of Labor. Contractors are urged to become familiar with the requirements of these regulations.

7.11 Prohibition and Elimination of Lead Based Paint Hazard Notwithstanding any other provision, the Contractor agrees to comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 24 CFR Part 35 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures undergoing Federally assisted construction or rehabilitation and require the elimination of lead-based paint hazards. 7.12 Conflict of Interest No member, officer, or employee of the City of Norwich, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise any function or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof. 7.13 Right of the Owner (City) to Terminate Contract In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the City may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such notices to contain the reasons for such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the City shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the contract; Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the City may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the City for any excess cost occasioned the City thereby, and in such event the City may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore.

PART 8-PERMITS, LICENSES AND TAXES 8.01 Permits and Licenses

The contractor will be responsible for the building permit fees for work done on private property. When work is to be performed on any City owned property the Building Department permit fees will be waived. 8.02 Sales Tax Materials purchased for this project will be exempt from the Connecticut Sales Tax.

FORM OF PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we _____________ of ___________________________ as PRINCIPAL and _________________ _____________________________________ as SURETY, are held firmly bound, unto the CITY OF NORWICH, in the penal sum of Dollars lawful money of the United States of America, to be paid to the said CITY OF NORWICH, CONNECTICUT, its successors and assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors and assigns, jointly and severally firmed by these presents. WHEREAS, the said ______________ has entered into a contract with the aforementioned CITY bearing the date, a copy of which is attached hereto, the terms of which are herein referred to and made a part of this instrument as if fully set forth herein, NOW THE CONSTITUTION OF THIS OBLIGATION IS SUCH THAT, if the PRINCIPAL shall promptly make payment to all persons, firms, sub-contractors and corporations furnishing materials for or performing labor in connection with the prosecution of the work provided for in the contract and any authorized modification or extension thereof, including all amounts due for materials, repairs, equipment, tools, said work and all labor performed on such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. AND the said SURETY, for value received, hereby stipulates and agrees that no change, extension in time, alteration or addition to the terms of the contract work or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect the obligations on this bond and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work to the specification. PROVIDED further that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

IN WITNESS WHEREOF, the parties have duly executed this bond, in triplicate, on this the day of 2009. ATTEST: _____________________________ NAME OF CONTRACTOR By _____________________________ NAME OF SURETY By _____________________________ Sealed and delivered in the presence of: __________________________________ ___________________________________________________________________ (Power of Attorney of persons executing bond for SURETY Company must be attached.) I, ________________ certify that I am the Secretary of the corporation named as PRINCIPAL in the written bond; that behalf of the PRINCIPAL was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, and attested for in behalf of said corporation by authority of its governing body. _____________________________ Secretary

FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we __________________________ _____________ of ___________________________________ _________ as PRINCIPAL and _________________________________ ____ as SURETY, are firmly bound, unto the CITY OF NORWICH, in the penal sum of Dollars lawful money of the United States of America, to be paid to the said CITY OF NORWICH, its successors and assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors and assigns, jointly and severally firmed by these presents. WHEREAS, the said has entered into a contract with the aforementioned CITY bearing the date, a copy of which is attached hereto, the instrument as if fully set forth herein, NOW THE CONSTITUTION OF THIS OBLIGATION IS SUCH THAT, if the PRINCIPAL shall well and truly keep and faithfully perform all the terms and conditions of said contract on its part to be kept and performed (including guarantee and maintenance provisions therein) and shall pay for all materials, and for all labor performed and for the rental or hire of vehicles, power shovels, power actuated rollers, concrete mixers, tools and other appliances and equipment used or employed in the execution of said contract, and shall indemnify and save harmless the said CITY as therein stipulated, then this obligation shall be of no effect, otherwise it shall remain as if in full force and virtue. AND the said SURETY, for value received, hereby stipulates and agrees that no change, extension in time, alteration or addition to the terms of the contract work or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect the obligations on this bond and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED further that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

IN WITNESS WHEREOF, the parties have duly executed this bond, in triplicate, on this the day of 2009. ATTEST: _____________________________ NAME OF CONTRACTOR By _____________________________ NAME OF SURETY By _____________________________ Sealed and delivered in the presence of: __________________________________ ___________________________________________________________________ (Power of Attorney of persons executing bond for SURETY Company must be attached.) I, ________________ certify that I am the Secretary of the corporation named as PRINCIPAL in the written bond; that behalf of the PRINCIPAL was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, and attested for in behalf of said corporation by authority of its governing body. _____________________________ Secretary

NON-COLLUSIVE AFFIDAVIT

State of Connecticut County of ____________________________________________________, Being first duly sworn, Deposes and says: That he/she is a ( ) Partner; ( ) Owner of the firm of: The party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive of sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder, or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the City of Norwich, or any person interested in the proposed contract; and that all said proposal or bid are true. Bidder: _________________________________________ Title: ___________________________________________ Subscribed and sworn to before me This _______________________________day of ___________________2009. ________________________________________________________________ My commission expires ____________________________________________________ CITY OF NORWICH

COMMUNITY DEVELOPMENT PROGRAM CONSTRUCTION OR REPAIR CONTRACT AGREEMENT MADE this day of , 2009, by and between the CITY OF NORWICH, a municipal corporation located in the County of New London and State of Connecticut, hereinafter referred to as "City", and , of hereinafter referred to as "Contractor". WITNESSETH: The City and the Contractor, for the considerations stated herein, mutually agree as follows: 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and service, and shall perform and complete all work required by and in accordance with specifications for _______ _________________________ dated , a copy of which the contractor acknowledges possession and all of which is hereby made a part of this agreement by reference with the same force and effect as though hereto attached. 2. The City shall pay to the Contractor for performance of this agreement the amount set forth in the Contractor's Bid No. Amount dated__________. 3. Except with respect to the rehabilitation of residential property designed for residential use for less than eight (8) families, all laborers and mechanics employed by the Contractor and any subcontractor in the performance of construction work under this Contract shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276-et sec). Provided that if wage rates higher than those required under the Davis-Bacon Act are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of his or her obligation, if any, to require payment of the higher rates. The Contractor further agrees to comply with the provisions of the Copeland Act and the Contract Work Hours and Safety Standards Act. This paragraph does not apply to contracts which do not exceed $2,000.

4. The executed contract documents for this project shall consist of the following:

a. This agreement b. Certification of Insurance c. Invitation for Bids d. Contractor’s Performance Bond e. Contractor’s signed Bid f. Aforesaid Specifications

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and date first above written. ATTEST: By _________________________ Title _________________________ Street ________________________ City_________________________ CITY OF NORWICH By _________________________ Title _________________________ APPROVED AS TO FORM AND LEGALITY __________________________ Michael E. Driscoll Corporate Counsel

APPENDIX A

Applicable Federal Wage Decision

GENERAL DECISION: CT20080003 02/20/2009 CT3 Date: February 20, 2009 General Decision Number: CT20080003 02/20/2009 Superseded General Decision Number: CT20070003 State: Connecticut Construction Types: Building and Highway County: New London County in Connecticut. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/08/2008 1 04/11/2008 2 05/02/2008 3 05/23/2008 4 06/06/2008 5 07/04/2008 6 08/22/2008 7 09/26/2008 8 10/10/2008 9 12/26/2008 10 01/02/2009 11 01/16/2009 12 01/30/2009 13 02/20/2009 BOIL0237-001 10/01/2008 Rates Fringes BOILERMAKERS.....................$ 33.79 34%+8.96 ---------------------------------------------------------------- BRCT0001-001 10/06/2008 Rates Fringes BRICKLAYER (BUILDING CONSTRUCTION) (ZONE A)....................$ 31.60 18.98+a PAID HOLIDAY: Employees shall receive 4 hours for Christmas Eve holiday provided the employee works the regularly scheduled day before and after the holiday. Employees may schedule work on Christmas Eve and employees shall receive pay for actual hours worked in addition to holiday pay.

---------------------------------------------------------------- * BRCT0001-003 10/06/2008 Rates Fringes BRICKLAYER (HIGHWAY CONSTRUCTION) BRICKLAYERS, CEMENT MASONS, CEMENT FINISHERS, PLASTERERS, STONE MASONS....$ 31.60 18.33 ---------------------------------------------------------------- CARP0024-001 05/05/2008 Rates Fringes Carpenters: (BUILDING CONSTRUCTION) Carpenters (Including Drywall Hanging)............$ 27.90 16.96 Millwrights.................$ 28.65 16.96 ---------------------------------------------------------------- * CARP0024-002 05/05/2008 Rates Fringes Carpenters: (HIGHWAY CONSTRUCTION) Carpenters, Piledrivers.....$ 27.90 16.96 Diver Tenders...............$ 27.90 16.96 Divers......................$ 36.36 16.96 ---------------------------------------------------------------- ELEC0035-003 06/01/2008 Rates Fringes Electricians: Bozrah, Colchester, Franklin, Griswold, Lebanon, Ledyard, Lisbon, Montville, North Stonington, Norwich, Preston, Salem, Sprague, Stonington and Voluntown....$ 34.40 18.57 ---------------------------------------------------------------- * ELEC0042-005 08/31/2008 Rates Fringes Line Construction: (Line Construction) Driver Groundmen............$ 30.92 6.5%+9.70 Groundmen...................$ 22.67 6.5%+6.20 Heavy Equipment Operators...$ 37.10 6.5%+10.70

Linemen, Cable Splicers, Dynamite Men................$ 41.22 6.5%+12.20 Material Men, Tractor Trailer Drivers, Equipment Operators...................$ 35.04 6.5%+10.45 ---------------------------------------------------------------- ELEC0090-003 06/01/2008 Rates Fringes Electricians:....................$ 34.20 18.33 East Lyme, Groton, New London, Old Lyme, Waterford, plus the part of Ledyard wherein the property of the Submarine Base is located. ---------------------------------------------------------------- * ENGI0478-002 04/06/2008 Rates Fringes Power equipment operators: (HIGHWAY CONSTRUCTION) GROUP 1....................$ 33.05 16.90+a GROUP 2....................$ 32.73 16.90+a GROUP 3....................$ 31.99 16.90+a GROUP 4....................$ 31.60 16.90+a GROUP 5....................$ 31.01 16.90+a GROUP 6....................$ 30.70 16.90+a GROUP 7....................$ 30.36 16.90+a GROUP 8....................$ 29.96 16.90+a GROUP 9....................$ 29.53 16.90+a GROUP 10....................$ 27.49 16.90+a GROUP 11....................$ 27.49 16.90+a GROUP 12....................$ 27.43 16.90+a GROUP 13....................$ 28.96 16.90+a GROUP 14....................$ 26.85 16.90+a GROUP 15....................$ 26.54 16.90+a GROUP 16....................$ 25.71 16.90+a GROUP 17....................$ 25.30 16.90+a GROUP 18....................$ 24.65 16.90+a Hazardous waste premium $3.00 per hour over classified rate. Crane with 150 ft. boom (including jib): $1.50 extra. Crane with 200 ft. boom (including jib): $2.50 extra. Crane with 250 ft. boom (including jib): $5.00 extra. Crane with 300 ft. boom (including jib): $7.00 extra. Crane with 400 ft. boom (including jib); $10.00 extra. a. PAID HOLIDAYS: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, provided the employee works 3 days during the week in which the holiday falls, if scheduled, and if scheduled, the working day before and the working day after the

holiday. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Crane Handling or Erecting Structural Steel or tone; Hoisting Engineer (2 drums or over); Front End Loader (7 cubic yards or over) Work Boat 26 ft. & over. GROUP 2: Cranes (100 ton rated capacity and over); Excavator over 2 cubic yards; Piledriver ($3.00 premium when operator controls hammer). GROUP 3: Excavator; Cranes (under 100 ton rated capacity), Gradall; Master Mechanic; Hoisting Engineer (all types of equipment where a drum and cable are used to hoist or drag material regardless of motive power of operation), Rubber tire Excavator (Drott-1085 or similar); Grader Operator; Bulldozer Fine Grade (slopes. shaping, laser or GPS, etc.) GROUP 4: Trenching machines; Lighter Derrick; Concrete Finishing Machine, cmi Machine or Similar; Koehring Loader Skooper). GROUP 5: Specialty Railroad Equipment; Asphalt Spreader; Asphalt Reclaiming achine; Line Grinder; Concrete Pumps; Drills with Self Contained Power Units; Boring Machine; Post Hole Digger; Auger; Pounder; Well Digger; Milling Machine (over 24" Mandrell); Side Boom; Combination Hoe and Loader; Directional Driller. GROUP 6: Front End Loader (3 cu. yds. up to 7 cubic yards); Bulldozer (Rough grade dozer). GROUP 7: Asphalt Roller; Concrete Saws and Cutters (Ride on Types); Vermeer Concrete Cutter; Stump Grinder; Scraper; Snooper; Skidder; Milling Machine (24" and Under Mandrel). GROUP 8: Mechanic; Grease Truck Operator; Hydroblaster; Barrier Mover; Power Stone Spreader; Welder; Work Boat Under 26 ft.; Transfer Machine. GROUP 9: Front End Loader (under 3 cubic yards); Skid Steer Loader (regardless of attachments); (Bobcat or similar); Fork Lift; Power Chipper; Landscape Equipment (including Hydroseeder). GROUP 10: Vibratory Hammer, Ice Machine, Diesel and Air Hammer, etc. GROUP 11: Conveyor; Earth Roller; Power Pavement Breaker (Whiphammer); Robot Demolition Equipment. GROUP 12: Wellpoint Operator.

GROUP 13: Portable Asphalt Plant Operator; Portable Concrete Plant Operator; Portable Crusher Plant Operator. GROUP 14: Compressor Battery Operator. GROUP 15: Power Safety Boat; Vacuum Truck; Zim Mixer; Sweeper; (Minimum for any job requiring a CDL License) GROUP 16: Elevator Operator; Tow Motor Operator (Solid Tire No Rough Terrain). GROUP 17: Generator Operator; Compressor Operator; Pump Operator; Welding Machine Operator; Heater operator. GROUP 18: Maintenance Engineer. ---------------------------------------------------------------- ENGI0478-004 04/06/2008 Rates Fringes Power equipment operators: (BUILDING CONSTRUCTION) Bulldozers..................$ 30.70 16.90+a Cranes: 100 ton rated capacity and over...........$ 32.73 16.90+a Cranes: handling or erecting structural steel...$ 33.05 16.90+a Cranes: under 100 ton rated capacity..............$ 31.99 16.90+a Excavators: 2 cu.yds.and over........................$ 32.73 16.90+a Excavators: under 2 cu.yds..$ 31.99 16.90+a Front End Loaders: 3 up to 7 cu. yds...................$ 30.70 16.90+a Front End Loaders: 7 cu. yds. or over................$ 33.05 16.90+a Front End Loaders: under 3 cu.yds......................$ 29.53 16.90+a Hazardous waste premium $3.00 per hour over classified rate. Crane with boom, including jib, 150 feet - $1.50 extra. Crane with boom, including jib, 200 feet - $2.50 extra. Crane with boom, including jib, 250 feet - $5.00 extra. Crane with boom, including jib, 300 feet - $7.00 extra. Crane with boom, including jib 400 feet - $10.00 extra. a. PAID HOLIDAYS: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, provided the employee works 3 days during the week in which the holiday falls, if scheduled, and if scheduled,the working day before and the working day after the holiday.

---------------------------------------------------------------- IRON0015-003 12/29/2008 Rates Fringes Ironworkers: (Reinforcing & Structural)......................$ 32.40 23.58+a a. PAID HOLIDAY: Labor Day provided employee has been on the payroll for the 5 consecutive work days prior to Labor Day. ---------------------------------------------------------------- LABO0056-002 04/07/2008 Rates Fringes Laborers: (BUILDING) Mason Tenders (Brick & Cement).....................$ 23.75 14.00 Unskilled...................$ 23.25 14.00 ---------------------------------------------------------------- LABO0056-003 04/07/2008 Rates Fringes Laborers: (HIGHWAY CONSTRUCTION) GROUP 1.....................$ 23.25 14.00 GROUP 2.....................$ 23.50 14.00 GROUP 3.....................$ 23.60 14.00 GROUP 4.....................$ 23.75 14.00 GROUP 5.....................$ 25.25 14.00 GROUP 6.....................$ 25.00 14.00 GROUP 7.....................$ 24.25 14.00 GROUP 8.....................$ 15.00 14.00 LABORERS CLASSIFICATIONS GROUP 1: Laborers (Unskilled). GROUP 2: Chain saw operators, fence and guard rail erectors, pneumatic tool operators and powdermen. GROUP 3: Pipelayers. GROUP 4: Jackhammer/Pavement breaker (handheld), mason tenders/catch basin builders, asphalt rakers, air track operators, block pavers and curb setters. GROUP 5: Toxic waste remover (non-mechanical systems). GROUP 6: Blasters. GROUP 7: Asbestos Removal, non-mechanical systems (does not include leaded joint pipe).

GROUP 8: Traffic control signalmen. ---------------------------------------------------------------- * PAIN0011-002 06/01/2008 Rates Fringes Painters: Blast and Spray.............$ 30.87 14.00 Brush and Roll..............$ 27.87 14.00 Tanks, Towers, Swing........$ 29.87 14.00 ---------------------------------------------------------------- PAIN0011-003 06/01/2008 Rates Fringes Painters: (BRIDGE CONSTRUCTION) Brush, Roller, Blasting (Sand, Water, etc.) Spray...$ 37.65 14.20 ---------------------------------------------------------------- PLUM0777-003 06/01/2008 Rates Fringes Plumbers and Pipefitters (Including HVAC Work)............$ 35.37 19.71 ---------------------------------------------------------------- ROOF0009-003 01/01/2009 Rates Fringes Roofers: Composition.................$ 30.73 13.91 Slate and Tile..............$ 31.23 13.91 ---------------------------------------------------------------- SFCT0676-001 01/01/2009 Rates Fringes Sprinkler Fitters................$ 38.35 20.25+a a. PAID HOLIDAYS: Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day, provided the employee has been in the employment of a contractor 20 working days prior to any such paid holiday. ---------------------------------------------------------------- SHEE0040-002 07/01/2008 Rates Fringes Sheet metal worker (Including HVAC Duct Work)..................$ 30.57 24.50

---------------------------------------------------------------- SUCT1991-001 09/13/1991 Rates Fringes Mortar Mixer.....................$ 7.25 ---------------------------------------------------------------- TEAM0064-002 04/01/2008 Rates Fringes Truck drivers: (BUILDING CONSTRUCTION) 2 Axle......................$ 26.18 12.47+a 3 Axle......................$ 26.28 12.47+a Hazardous waste removal work receives additional $1.25 per hour a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day,Labor Day, Thanksgiving Day, Christmas Day and Good Friday, provided the employee has at least 31 calendar days of service and works the last scheduled day before and the first scheduled day after the holiday, unless excused. ---------------------------------------------------------------- * TEAM0064-003 04/01/2008 Rates Fringes Truck drivers: (HIGHWAY CONSTRUCTION) 2 Axle Ready Mix............$ 26.28 12.47+a 2 Axle......................$ 26.18 12.47+a 3 Axle Ready Mix............$ 26.33 12.47+a 3 Axle......................$ 26.28 12.47+a 4 Axle Ready Mix............$ 26.43 12.47+a 4 Axle......................$ 26.38 12.47+a Heavy Duty Trailer 40 tons and over....................$ 26.63 12.47+a Heavy Duty Trailer up to 40 tons.....................$ 26.38 12.47+a Specialized (Earth moving equipment other than conventional type on-the- road trucks and semi- trailers, including Euclids)....................$ 26.43 12.47+a Hazardous waste removal work receives additional $1.25 per hour. a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and Good

Friday, provided the employee has at least 31 calendar days of service and works the last scheduled day before and the first scheduled day after the holiday, unless excused. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION