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HomeMy WebLinkAboutFelt Road Traffic Signal 1 � a � ' 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 oa•co AREA CODE 203/644-2511 May 22, 1996 Mr. Walter H. Coughlin, P.E. Manager of Traffic Engineering Bureau of Engineering and Highway Operations State Department of Transportation 2800 Berlin Turnpike, P.O. Box 317546 Newington, Connecticut 96131-7546 Dear Mr. Coughlin: Subject: Cost Sharing Agreement Traffic Control Signal Installation Route 30 at Felt Road Town of South Windsor Enclosed please find two (2) fully executed copies of subject agreement, copy of Town Council resolution authorizing the Town Manager to sign said agreement along with appropriate certification of Town Clerk. If you should have any questions, please contact my office. Very truly yours, Michael J. Ga tick, P.E. Director of Public Works MJG:bmr Enclosures cc: Matthew B. Galligan, Town Manager File ✓ /russo/PUBLICWORKS/signal-felt-rt30 CERTIFICATE OF RESOLUTION Pegular This is to certify that at its meeting held on May 20 , 1996 the following resolution was adopted by the South Windsor Town Council the legislative body. BE IT HEREBY RESOLVED that Matthew Galligan, Town Manager, Town Hall, 1540 Sullivan Avenue,South Windsor,Connecticut 06074,is authorized to execute this Agreement between the State of Connecticut and the Town of South Wmdsor for the installation of a traffic control signal at the intersection of Route 30 and Felt Road in the Town of South Windsor. (Town Seal) A True Copy: Gretchen E. Bickfor , As t. Town Clerk Attest Date May 22 , 1996 COR 0NN se,r< Ir.• ��� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 SOR•GO�r AREA CODE 860/644-2511 May 22, 1996 # A { Mr. Matthew B. Galligan, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, Ct. 06074 Dear Mr. Galligan: At its Regular Meeting of May 20, 1996, the South Windsor Town Council approved the following Resolution: WHEREAS, -the State Department of Transportation has determined that the intersection at Felt Road and Oakland Road satisfied three warrants for the installation of a traffic signal at said intersection; and WHEREAS, the State Department of Transportation has determined that the intersection at Felt Road and Oakland Road satisfied three warrants for the installation of a traffic signal at said intersection; and WHEREAS, based upon the State's findings, it is the recommendation of the Town's Traffic Authority that a traffic signal be installed at said intersection; and WHEREAS, on July 17 , 1995 the town Council approved a Resolution supporting the installation of a traffic signal at the intersection of Felt Road and Oakland Road (Route 30) NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby authorizes Town Manager Matthew B. Galligan to execute an "Agreement Between the State of Connecticut and the Town of South Windsor for Sharing the Cost of the Installation of a Traffic Control Signal" at the intersection of Felt Road and Oakland Road (Route 30) ; and Mr. Matthew B. Galligan Town Manager Page 2 May 22 , 1996 BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes the transfer of Five Thousand Four Hundred and Thirty Dollars ($5,430 . 00) from Contingency Account #9001 to Capital Projects Account #8000-430 for the Town's share of the cost for the installation of said traffic control signal. Respectfully submitted, Patricia R. Brown Clerk of the Council cc : Michael Gantick, Director of Public Works George P. Spring, Jr. , Finance Department CSA-SOWN AGREEMENT NO. AGREEMENT BETWEEN THE STATE OF CONNECTICUT AND TIM TOWN OF SOUTH WINDSOR FOR SHARING THE COST OF THE INSTALLATION OF A TRAFFIC CONTROL SIGNAL This Agreement, concluded at Newington, Connecticut, this day of , 19 , by and between the State of Connecticut,Department of Transportation,J.William Burns,Commissioner,acting herein by James F. Byrnes, Jr., Chief Engineer, Bureau of Engineering and Highway Operations, duly authorized, hereinafter referred to as the State, and the Town of South Windsor, acting herein by Matthew Galligan, Town Manager,Town Hall, 1540 Sullivan Avenue,South Windsor,Connecticut 06074, hereunto duly authorized, hereinafter referred to as the Second Party. WITNESSETH THAT, WHEREAS, the Second Party has requested that the State install a traffic control signal at the intersection of Route 30 and Felt Road in the Town of South Windsor, and WHEREAS, the State has determined that the requested improvement is warranted at the said location, and WHEREAS, the State, pursuant to Section 13b-23 of the General Statutes of Connecticut, as revised, is authorized to enter into this Agreement. NOW THEREFORE, KNOW YE, it is mutually agreed that: 1. The State shall install a traffic control signal at Route 30 and Felt Road. The work shall be assigned a project number for the commitment of funds. Should the project be cancelled prior to completion,the State shall determine the salvage value of materials and make an appropriate refund to the Second Party. 2. The Second Party shall forward to the State, upon demand, prior to the commencement of any work, a single final payment in full of Five Thousand Four Hundred and Thirty Dollars ($5,430.00). 3. The State will own and provide maintenance and the Town of South Windsor will be responsible for the electrical energy necessary to operate the traffic control signal. 4. The Second Party shall record this Agreement in the appropriate permanent files of the town wherein the signal is located, at no cost to the State. 5. The State assumes no financial obligation under the terms of this Agreement until the Second Party is notified in writing by the State that said agreement has been approved as to form by the Attorney General of the State of Connecticut. 6. The Second Party agrees that the attached Appendix DBE entitled "Policy Statement, Policy No. Admin. - 19, Subject: Policy on D.B.E.'s". dated February 9, 1994 is hereby made a part of this Agreement. The State advises the Second Party that failure to carry out the requirements set forth in the Appendix DBE shall constitute a breach of contract and may result in termination of this Agreement by the State or such remedy as the State deems appropriate. 7. The Second Party hereby acknowledges and agrees to comply with the policies enumerated in "Connecticut Department of Transportation Policy No. ADAffN. -10 Subject: Code of Ethics Policy," November 28, 1994, a copy of which is attached hereto and made a part hereof. 8. The Second Party shall comply with the provisions contained in Section 1-86e of the Connecticut General Statutes which provides as follows: (a) No person hired by the State as a Second Party or independent contractor shall: (1) Use the authority provided to the person under the contract, or any confidential information acquired in the performance of the contract, to 2 obtain financial gain for the person, an employee of the person or a member of the immediate family of any such person or employee; (2) Accept another state contract which would impair the independent judgment of the person in the performance of the existing contract; or (3) Accept anything of value based on an understanding that the actions of the person on behalf of the state would be influenced. (b) No person shall give anything of value to a person hired by the state as a Second Party or independent contractor based on an understanding that the actions of the Second Party or independent contractor on behalf of the state would be influenced. 9. The Second Party shall comply with the Regulations of the United States Department of Transportation(Title 49, Code of Federal Regulations,Part 21) issued in implementation of Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4, and Appendix CR attached hereto, both of which are hereby made a part of this Agreement. 10. The Second Party shall indemnify and save harmless the State of Connecticut,its officers, agents, and employees from claims, suits, actions, damages, and costs of every name and description resulting from the negligent performance, negligent acts, errors or omissions in the work performed by the Second Party and/or any of its subcontractors under this Agreement,including any supplements thereto, or resulting from the non-performance of the Second Party and/or any of its subcontractors of any of the covenants and speci- fications of this Agreement,including any supplements thereto,and such indemnity shall not be limited by reason of any insurance coverage. 11. It is further understood and agreed by the parties hereto, that the Second Party waives Governmental Immunity as a defense and shall not use the defense of Governmental Immunity in the adjustment of claims or in the defense of any suit, unless requested by the State. 3 12. (a) For the purposes of this section, "minority business enterprise" means any small contractor or supplier of material fifty-one(51)percent or more of the capital stock,if any, or assets of which is owned by a person or persons: (1) who are active in the daily affairs of the enterprise; (2) who have the power to direct the management and policies of the enterprise, and(3)who are members of a minority,as such term is defined in subsection (a) of Conn. Gen. Stat. Section 32-9n; and "good faith" means that degree of diligence which a reasonable person would exercise in the performance_ of legal duties and obligations. "Good Faith Efforts" shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements-and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements. For purposes of this section, "Commission"means the Commission on Human Rights and Opportunities. (b) (1) The Second Party agrees and warrants that in the performance of the contract such Second Party will not discriminate or permit discrimination against any person or group of persons on the grounds of race,color,religious creed,age,marital status,national origin, ancestry, sex, mental retardation or physical disability, including, but not limited to, blindness, unless it is shown by such Second Party 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. The Second Party further agrees to take affirmative action to ensure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation, or physical disability, including, but not limited to, blindness, unless it is shown by such Second Party that such disability prevents performance of the work involved; (2) the Second Party agrees, in all solicitations or advertisements for employees placed by or on 4 behalf of the Second Party, to state that it is an "affirmative action - equal opportunity employer" in accordance with regulations adopted by the Commission; (3) the Second Party agrees to provide each labor union or representative of workers with which such Second Party has a collective bargaining agreement or other contract or understanding and each vendor with which such Second Party has a contract of understanding, a notice to be provided by the Commission advising the labor union or worker's representative of the Second Party's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (4) the Second Party agrees to comply with each provision of this section and Conn. Gen. Stat. Sections 46A-68e and 46A-68f and with each regulation or relevant order issued by said Commis- sion pursuant to Conn. Gen. Stat. Section 46a-56, as amended by Section 5 of Public Act 89-253, 46a-68e and 46a-68f; (5) the Second Party agrees to provide the Commission on Human Rights and Opportunities with such information requested by the Commission,and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the Second Party as relate to the provisions of this section and Section 46a-56. If the contract is a public works contract, the Second Party agrees and warrants that he will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works project. (c) Determination of the Second Party's good faith efforts shall include but shall not be limited to the following factors: The Second Party's employment and subcontracting policies,patterns and practices;affirmative advertising,recruitment and training,technical assistance activities and such other reasonable activities or efforts as the commission may prescribe that are designed to ensure the participation of minority business enterprises in public works projects. (d) The Second Party shall develop and maintain adequate documentation, in a manner prescribed by the Commission, of its good faith efforts. 5 (e)The Second Party shall include the provisions of subsection(b) of this Section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the State and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission. The Second Party shall take such action with respect to any such subcontract or purchase order as the Commission may direct as a means of enforcing such provisions including sanctions for non-compliance in accordance with Conn. Gen. Stat. Section 46a-56; provided if such Second Party becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Commission,the Second Party may request the State of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the State and the State may so enter. (f) The Second Party agrees to comply with the regulations referred to in this section as they exist on the date of this contract and as they may be adopted or amended from time to time during the term of this contract and any amendments thereto. 13. (a) Pursuant to Section 4a-60a of the Connecticut General Statutes; (1) the Second Party agrees and warrants that in the performance of the contract such Second Party will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation,in any manner prohibited by the laws of the United States or of the State of Connecticut, and that employees are treated when employed without regard to their sexual orientation;(2)the Second Party agrees to provide each labor union or representative of workers with which such Second Party has a collective bargaining agreement or other contract or understanding and each vendor with which such Second Party has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers'representative of the Second Party's commitments under this section, and to post copies of the notice in 6 conspicuous places available to employees and applicants for employment; (3) the Second _ Party agrees to comply with each provision of this section and with each regulation or relevant order issued by said Commission pursuant to Section 46a-56 of the Conn. Gen. Stat.; (4) the Second Party agrees to provide the Commission on Human Rights and Opportunities with such information requested by the Commission, and permit access to pertinent books, records and accounts, concerning the employment practices and proce- dures of the Second Party which relate to the provisions of this section and Section 46a-56 of the Conn. Gen Stats. (b) The Second Party shall include the provisions of subsection(a) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the State and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission. The Second Party shall take such action with respect to any such subcontract or purchase order as the Commission may direct as a means of enforcing such provisions including sanctions for noncompliance in accordance with Section 46a-56 of the Conn.Gen.Stat.;provided,if such Second Party becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Commission,the Second Party may request the State of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the State and the State may so enter. 14. The Agreement is subject to the provisions of Executive Order No. Three of Governor Thomas J.Meskill promulgated June 16, 1971,and as such,the Agreement maybe cancel- led, terminated or suspended by the State Labor Commissioner for violation of or noncompliance with said Executive Order No. Three, or any state or federal law con- cernmg nondiscrimination, notwithstanding that the State Labor Commissioner is not a party to this Agreement. The parties to this Agreement, as part of the consideration hereof,agree that said Executive Order No.Three is incorporated herein by reference and 7 made a part hereof. The parties agree to abide by said Executive Order and agree that the State Labor Commissioner shall have continuing jurisdiction in respect to Agreement performance in regard to non-discrimination, until the Agreement is completed or terminated prior to completion. 15. The Second Party agrees, as part consideration hereof, that this Agreement is subject to the Guidelines and Rules issued by the State Labor Commissioner to implement Executive Order No. Three, and that the Second Party will not discriminate in its employment practices or policies,will file all reports as required,and will fully cooperate with the State of Connecticut and the State Labor Commissioner. A copy of said Guidelines is attached and hereby made a part of this Agreement. 16. This Agreement is subject to the provisions of Executive Order No.Seventeen of Governor Thomas J. Meskill promulgated February 15, 1973, and, as such, this Agreement may be cancelled, terminated or suspended by the contracting agency or the State Labor Commissioner for violation of or noncompliance with said Executive Order No.Seventeen, notwithstanding that the Labor Commissioner may not be a party to this Agreement. The parties to this Agreement,as part of the consideration hereof,agree that Executive Order No. Seventeen is incorporated herein by reference and made a part hereof. The parties agree to abide by said Executive Order and agree that the contracting agency and the State Labor Commissioner shall have joint and several continuing jurisdictions in respect to Agreement performance in regard to listing all employment openings with the Connecticut State Employment Service. 17. It is mutually understood and agreed by the parties hereto that any official notice from one such party to the other such party, in order for such notice to be binding thereon, shall; 8 (a) Be in writing addressed to: (1) when the State is to receive such notice - Commissioner of Transportation Connecticut Department of Transportation 2800 Berlin Turnpike P. 0. Box 317546 Newington, Connecticut 06131-7546 (2) when the Second Party is to receive such notice (the person acting herein as signatory for the Second Party receiving such notice;) (b) Be delivered in person or be mailed United States Postal Service-"Certified Mail" to the address recited herein as being the address of the party to receive such notice; and (c) Contain complete and accurate information in sufficient detail to properly and adequately identify and describe the subject matter thereof. The term"official notice"as used herein, shall be construed to include but not be limited to any request, demand, authorization, direction, waiver, and/or consent of the party as well as any document(s)provided,permitted,or required for the making or ratification of any change, revision, addition to or deletion from the document, contract, or agreement in which this "official notice" specification is contained. Further, it is understood and agreed that nothing hereinabove contained shall preclude the parties hereto from subsequently agreeing in writing, to designate alternate persons (by name, title and affiliation) to which such notice(s) is (are) to be addressed; alternate means of conveying such notices(s)to the particular party(ies);and/or alternative locations to which the delivery of such notice(s) is (are) to be made, provided such subsequent agreement(s) is (are) concluded pursuant to the adherence to this specification. 18. Suspended or debarred second parties, suppliers, materialmen, lessors or other vendors may not submit proposals for a State contract or subcontract during the period of 9 suspension or debarment regardless of their anticipated status at the time of contract award or commencement of work. (a) The signature on the Agreement by the Second Party shall constitute certification that to the best of its knowledge and belief the Second Party or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor or any position involving the administration of Federal or State funds: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible,'"or voluntarily excluded from covered transactions by any Federal department or agency; (2) Has not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against him/her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction,violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,falsification or destruction of records,making false statements or receiving stolen property. (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Has not within a three-year period preceding this Agreement had one or more public transactions (Federal, State or local)terminated for cause or default. (b) Where the Second Party is unable to certify to any of the statements in this certification, such Second Party shall attach an explanation to this Agreement. 10 The Second Party agrees to ensure that the following certification be included in _ each subcontract Agreement to which it is a party, and further,"to require said certification to be included in any lower tier subcontracts and purchase orders: (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its.principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal- 19, This clause applies to those Second Parties who are or will.be responsible for compliance with the terms of the Americans with Disabilities Act of 1990 ("Act"),Public Law 101-336, during the term of the Agreement. The Second Party represents that it is familiar with the terms of this Act and that it is in compliance with the Act. Failure of the Second Party to satisfy this standard as the same applies to performance under this Agreement, either now or during the term of the Agreement as it may be amended, will render the Agreement voidable at the option of the State upon notice to the Second Party. The Second Party warrants that it will hold the State harmless and indemnify the State from any liability which may be imposed upon the State as a result of any failure of the Second Party to be in compliance with this Act, as the same applies to performance under this Agreement. 11 AGREEMENT NO. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year indicated. WITNESSES: STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION J. ViMLIAM BURNS COMMISSIONER BY: (SEAL) James F. Byrnes, Jr. Chief Engineer Bureau of Engineering and Highway Operations DATE: WITNESSES: SECOND PARTY: TOWN OF SOUTH WINDSOR BY: (SEAL) e N Judith Hall Name: Matthew Galligan Title: Town Manager DATE: ame Lianna Sc on May 23,1996 APPROVED AS TO FORM: DATE: Attorney General State of Connecticut 12 e CONNECTICUT DEPARTMENT OF TRANSPORTATION STATE9EINT .- or POLICY NO. ADMIN--10 November 28, 1994 SUBJECT: Code of Ethics Policy No employee of the Connecticut Department of Transportation shall, either individually (or as a member of a group), directly or indirectly, solicit or accept any gift or gratuity from any person or organization with whom the Department has, has had, or may expect to have; a business relationship which could cause, or create the appearance of, a conflict with or influence the performance of the employee's-duties with the Department. Any gift or gratuity must be refused or returned with a copy of the letter concerning our Code of Ethics Policy which has been sent to the concerns doing business with the Department of Transportation. The only exception recognized is for advertising matter which has negligible monetary value and which is widely -distributed or generally available without charge. No employee of the Connecticut Department of Transportation shall, either individually (or as a member of a group), directly or indirectly, solicit the sale of tickets for a charitable event or accept any gift for the benefit of a charitable organization from any person or organization with whom the Department has, has had, or may expect to have, a business relationship which would cause, or create the appearance of, a conflict with or influence the performance of the Department. No employee of the Connecticut Department of Transportation shall use or distribute State information or use State. equipment or materials for other than State business purposes. No employee of the Connecticut Department of Transportation shall allow any private obligation of employment or enterprise to take precedence over _ his/her responsibility to the Department. -2- No employee of the Connecticut Department.of Transportation shall accept employment with any consultant, contractor, appraiser or any other organization or individual which is under contract or agreement with the State of Connecticut, nor shall any employee of the Connecticut Department of Transportation have, directly or indirectly, a financial interest in any business, firm or enterprise doing business with the State of Connecticut, which could cause, or create the appearance of, a conflict with or influence the performance of the employee's duties with the Department. _ In addition to the above, all employees of the Department of Transportation are to comply with Sections 1-79 through 1-89 of the Connecticut General Statutes, as amended, entitled Code of Ethics for Public Officials. (This statement• supersedes the Commissioner's Policy Statement No. -ADMIN.-10, dated August 23, 1994.) Emil H. Frankel Commissioner All Employees `oMM«/fir CONNECTICUT DEPARTMENT OF TRANSPORTATION POLICY STATEMENT Policy No. ADMIN. -19 February 9, 1994 SUBJECT: Policy on D.B.E. ' s As part of the requirements for Title 49, Code of Federal Regulations Part 23, effective immediately, the following Policy Statement must be .included in all federal-aid contracts and all financial assistance agreements and in all subcontracts . I am therefore directing the following be included in all agreements with contractors, subcontractors, consultants, cities, towns and all recipients of State or Federal-assistance funds : "Policy - It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal or State funds under this agreement . Consequently, the D.B.E. requirements of 49 CFR Part 23 apply to this agreement. " "D.B.E Obligation - The State or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, the State and its contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts . Recipients and their contractors shall not discriminate on the basis of race, color, religion, national origin or sex in the award and performance of Department of Transportation assisted contracts . " In addition to the above, all financial assistance agreements shall also contain the following statement: "If as a condition of assistance the Connecticut Department of Transportation has submitted and the U. S . Department of Transportation has approved a disadvantaged business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement . Upon notification to the State of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include terminations of the agreement or other measures that may affect the ability of the recipient to obtain future D.O.T. financial assistance. " - (This statement supersedes the Commissioner' s Policy Statement No. ADMIN. -19, dated June 13, 1988) . Emil H. Frankel Commissioner APPENDIX-CR (ED. 061077) During the performance of this Agreement, the Second Party, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations: The Second Party shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the United States Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2) Nondiscrimination: The Second Party, with regard to the work performed by It during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection, and retention of subcontractors, including procurements of materials and leases of equipment. The Second Party shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regula- tions, including employment practices when the Agreement covers a program set forth in Appexdix B of the Regulations. (3) Solicitations for Subcontractors Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Second Party for work to be performed under a subcontract, including procure- ments of materials. or leases of equipment, each potential subcontractor or supplier shall be notified by the Second Party of the Second Party's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (41 Information and Reports: The Second Party shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Connecticut Department of Transportation or the appropriate Federal Agency directly involved therewith.,to be pertinent to ascertain com- pliance with such Regulations or directives. Where any information required of a Second Party is in the exclusive possession of another who fails or refuses to furnish this information, the Second Party shall so certify to the Connecticut Department of Transpor- tation, or the appropriate Federal Agency directly involved therewith,if appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for 7oncommliance: In the event of the Second Party's noncompli- ance with the nondiscrimination provisions of this Agreement, the Connecticut Department of Transportation shall impose such sanctions as it or the appropriate Federal Agency directly involved therewith may determine to be appropriate, including, but not limited to.. (a) withholding of payments to the Second Party under the Agreement until the Second Party complies, and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: The Second Party shall include the provisions of paragraphs 1 through ( in every subcontract, including procurements of materials and leases of equipment, unless .exempt by the Regulations, or directives issued pursuant thereto. The Second Party shall take such action with respect to any subcontract or pro- curement as the Connecticut Department of Transportation or the appropriate Federal Agency directly involved therewith,may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a Second Party becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Second Party may request the Connecticut Department of Transportation to enter into such litigation to rotect the interests of the State of Connecticut, and, in addition, the Second Party may, -request the United States to enter into such litigation to protect the interests of the United States. STATE OF CMMCTICUT RY HIS EXCELLENCY THaIAS J. IES[ILL GOVERNOR EXECUTIVE ORDER NO. SEVENTEEN WHEREAS, Section 31.237 of the General Statutes of Connecticut as amended requires the maintaining of the established free services of the Coonecicut State Employment Service to both employers and prospective employees and WHEREAS. Section 31-S of the General Statutes of Connecticut requires that no Compensation or fee shall be charged or received directly or indirectly for the services of the ConneetiCut State Employment Service and WHEMM, largo numbers of our citissms who have served in the Armed Forces of our nation are returning to civilian life in our state and seeking employment in civilian occupations and MMEREAS, we ore a duty as well as gratitude to these returning veterans including the duty to find suitable employment for them and suitable employment amdy of our handicapped citizens are fully capable of employment and are entitled to be placed in WHEREAS, wry of the citizens of our state who are unemployed are unaware of the job openings and employment opportunities which do in fact exist in our state and MRREA.S, notwithstanding the free services of the Connecticut State Employment Service, many of our Connecti- cut employers do not use its free services or do not avail themselves fully of all of the services offered• THOMAS of the state of vested in arm under t fourth eJOf IConst�ut� of the State and in accordance with Sec ion 3-1 of virtue Of hthe General Statutes, do hereby ORDER and DIRECT, as follows, by this Executive Order: I The Labor Commissioner shall be responsible for the administration of this Order and shall do all acts necessary and appropriate to achieve its purpose. Upon promulgation of this Order. the Commissioner of Finance and Control shall issue a directive forthwith to all Bute agencies that henceforth all state contracts and subcontracts for construction on public bdildings, other public works and goods and services shall contain a provision rendering'sueh contract or subcontract subject to this Order, and that such contract or subcontract may be cancelled, terminated or suspended by the Labor Comiis- sioner for violation of or noncompliance with this Order, notwithstanding that the Labor Commissioner is not a party to such contract or subcontract. II Every contractor and subcontractor having a contract with the state or any of its agencies, boards, commissions, or departments. every individual partnership. cor seeks to do business with the state. and every bidporalion. or business entity baring business with the ante or who or which der or prospective bidder who submits a bid or replies to an invitation to bid on any state contract shall list all employment openings with the office of the Connecticut State Employment Service in the area where the work is to be performed or --here the services are to be rendered,. III All state contracts shall Contaim a clause which shall be a condition of the contract that the contractor and any subcontractor holding a contract directly under the contractor shall list all employment openings with the Connecticut State Employment Service. The Labor Commissioner may allow exceptions to listings of employment openings which the contrac- tor proposes to fill from within its organisation from employees on the rolls of the contractor OYtor on the date of publication co the invitation to bid or the date om which the public announceawmt qs published or psowlagated advising of the program concerned. TY Each contracting agency of the state shall be primarily responsible for obtaining compliance with this Executive Order. Each contracting agency shall appoint or designate from among its personnel ona or more persona who shall be respon. sible for compliance with the objectives of this order. V The Labor Commissioner shall be and is bereby empewesed to inspect the boots. records. payroll and personnel data of each individual or business entity subject to this Executive Order and any hold hearings or camferemces. formal or info--- mal. in pursuance of the duties and responsibilities beraamto delegated to the Labor Commissioner. VI The Labor CaMMmissioaer or any agency officer or employee in the execrative branch designated by regulation of the Labor Commissioner my hold such hearings. public * private, as the Labor Commissioner my dome advisable for compliance. enforcement or edwmticmal purposes under this Order. VII (a) The Labor Commissioner may Mid of Cause to be hold hearings. prior to imposing, ordering, or recommending the imposition of penalties and sanctions order this order. In accordance herewith. the Commissioner or the appropriate contracting agemcy May suspeed. Caneol. teeminats, or cause to be suspended, cancelled, or terminated in accordance with law any contract or any portion or portions thereof for failure of the Contractor or subcontractor to comply with the list- ing pravisioms of the contract- Contracts May be cancelled. terminated. suspended gr absolutely or their CoatlnuanCe eendi- timW upon a promm for future eosplimmee eppserwd by the Contracting agency. (b) Any contracting agemey taking any action authorised by this Order. whether an its am Motion or as directed by the Labor Commissioner. shall promptly motify his of sock action. %howwor the Labor Commissioner makes a determination under this Order, he shall pse" ly notify the appropriate contracting agency of the action rocommedod. The agency shall report the results to the Labor Commissioner p._, ly. Vill If the Labor Commissioner shall so direct. Contracting agencies shall Oct enter into contracts with any bidder or prospective Contractor =loss be has satisfactorily COMplied with the provisions of this order. This Order shall became effective sixty days after the date of this order. Dated at Hartford, Connecticut. this lSth day of February, 1973. - lCOlt GUIDELINES AND RULES OF STATE LABOR COMMISSIONER IMPLEMENTING GOVERNOR'S EXECUTIVE ORDER NO. THREE SEC. 1. PERSONS AND FIRMS SUBJECT TO EXECUTIVE ORDER NO. THREE AND GUIDELINES AND RULES. a. Every contractor, or subcontractor as defined in Sec. 2 hereof, supplier of goods or services,vendor, bidder and prospective contractor or subcontractor, having ten or more employees as defined in Sec. 3 of these Guidelines, having or entering into or bidding to enter into any type of contractual relationship with the State of Connecticut or any of its agencies, boards, commissions, departments or officers, and if the consideration, cost, subject matter or value of the goods or services exceeds $5,000.00. shall be subject to the Governor's Executive Order No. Three and these Guidelines and Rules. b. A copy of the Governor's Executive Order No. Three and of these Guidelines and Rules shall be available to each said contractor, subcontractor, supplier, vendor, bidder and prospective contractor and subcontractor, and the said Executive Order No. Three and these Guidelines and Rules shall be incorporated by reference and made a part of the contract, purchase order, agreement or document concerned. A copy of the Executive Order and of these Guidelines and Rules shall be furnished to a contracting party or bidder on request. c. All persons, partnerships, associations, firms, corporations and other entities having less than ten employees as defined in Sec. 3 at the time of the bid and execution of the contract and continuing through the perfor- mance of the contract are exempt from the provisions of the said Executive Order and these Guidelines and Rules. All contracts, subcontracts, purchase orders and agreements wherein the consideration is $S,000.00 or-less shall be exempt from Executive Order No. Three and from these Guidelines and Rules. SEC. 2. SUBCONTRACTORS. As used herein, subcontractors are persons, partnerships, associations, firms or corporations or other entities having contractual relationship with a contractor who in turn has a contract with the State of Connecticut or any of its agencies, boards, commissions or departments. Subcontractors below this tier are exempt from the Executive Order and from these Guidelines and Rules. SEC. 3 EMPLOYEES. As used herein, employees are persons working full or part-time irrespective of personnel classification whose wages, salaries, or earnings are subject to the Federal Insurance Contribution Act and/or to Federal Withholding Tax as a matter of law (whether in fact or not any actual withholding occurs in a given case), in an employee-employer relationship at the time of bid, contract execution, or offer or acceptance, and/or during any time thereafter during the existence of the performance period of the contract to the conclusion thereof. SEC. 4. REPORTS. a. Prior to the execution of the contract or prior to acceptance of a bid, as the case may be, the contrac- tor, subcontractor, bidder or vendor shall file a report with the State Labor Commissioner, which report shall be complete and contain all of the information therein prescribed. The report shall be on Form E.O. 3-1, a facsimile of which is attached hereto and made a part hereof, or in lieu thereof the contractor, subcontractor, bidder or vendor shall submit a detailed report containing all of the information required in Form E.O. 3-1. b. The Labor Commissioner may require the filing of additional reports prior to final payment or prior to any renewal or extension of the contract and during the duration of the contract at such times as the Commissioner may, in his discretion, from time to time deem necessary. The Labor Commissioner may require the filing of additional information or reports, and the contractor, subcontractor, bidder or vendor shall furnish said information or reports within the times prescribed by the Labor Commissioner. c. The Labor Commissioner may, at his discretion, also require timely statistical reports on the number of minority employees employed or to be employed in the performance of the contract, and the Labor Commissioner may de- fine such minority groups or persons. d. Reports filed pursuant to these Guidelines and Rules in inpiementation of Executive Order No. Three are not public records subject to public inspection, but may be inspected only by federal and state officials having jurisdiction and authority to investigate matters of this type. All federal and state agencies empowered by law to investigate matters relating to Executive order No. Three shall have access to these reports for inspection or copying during regular business hours. e. Any person who wilfully, wantonly or through negligence destroys or Vomits to be destroyed, alters or allows to be altered after filing', any reports submitted in compliance herewith shall be subject to penalties as pre- scribed by law. SEC. S. MANDATORY CLAUSES IN DOCUMENTS. a. All contracts shall contain the following provisions verbatim: This contract is subject to the provisions of Executive Order No. Three of Governor Thomas J. Meskill promulgated June 16, 1971 and, as such, this contract may be cancelled, terminated or suspended by the state labor commissioner for violation of or nonconpliance with said Executive Order No. Three, or any state or federal law concerning nondiscrimination, notwithstanding that the labor commissioner is not a party to this contract. The parties to this contract, as part of the consideration hereof. agree that said Executive Order No. Three is incorporated herein by reference and made a part hereof. The parties agree to abide by said Executive Order and agree that the state labor commissioner shall have continuing jurisdiction in respect to contract performance in regard to nondiscrimination, until the contract is completed or terminated prior to completion. The (contractor), (subcontractor), (bidder), (vendor) agrees, as part consideration hereof, that this (order) (contract) is subject to the Guidelines and Rules issued by the state labor commissioner to im- plement Executive Order No Three, and that he will not discriminate in his employment practices or Policies, will file all reports as required, and will fully cooperate with the State of Connecticut and the state labor commissioner. These provisions are in addition to and not in lieu of other clauses required by law.*. ' N.B. The above paragraphs contain requirements additional to those set forth in July 16, 1971 directive to state agencies. b. Every purchase order or like form submitted by a vendor or bidder, as applicable shall contain the following clause verbatim: Vendor agrees, as part of the consideration hereof, that this order is subject to the provisions of Executive Order No. Three and the Guidelines and Rules issued by the Labor Commissioner imple- menting said Order as to nondiscrimination, and vendor agrees to comply therewith. c. where preprinted contract forms have been prescribed by federal authorsty and the rules of the federal agency prohibit the alteration thereof, the compliance officer of the State agency concerned shall submit to the Labor Commissioner a suggested short form or addendum acceptable to the federal agency, and in such cases. after approval by the Labor Commissioner, said clause may be substituted. SEC. 6. COOPERATION OF STATE AGENCIES, BOARDS AND COMMISSIONS. Every agency, board, commission and department of the State of Connecticut shall cooperate with the Labor Commissioner in the implementation of Executive Order No. Three and shall furnish such information and assistance as the Labor Commissioner may from time to time request. SEC. 7. INVESTIGATIONS, COMPLAINTS. The Labor Commissioner may initiate an investigation upon receipt of a complaint alleging discrimination. The Labor Commissioner may request that an investigation be conducted by the State agency which is the party to the contract in question. Investigations shall be conducted in accordance with acceptable legal standards, safeguarding the rights of all parties involved, and obtaining all of the relevant facts necessary for a complete determination of the issues. If the Labor Commissioner is not satisfied with the investigation or any part thereof he may order it to continue or to proceed further. SEC. 8. HEARINGS. The Labor Commissioner or officers designated by the heads of the State agencies, boards and commissions may conduct hearings on complaints filed. Hearings shall be held only after a report of the complaint has been filed with the Labor Commissioner and after a hearing on the complaint has been authorized or directed by the Labor Commission- er. Hearings shall be conducted in accordance with the accepted principles of administrative law. All parties shall be afforded the opportunity to a full, fair. impartial and complete hearing, the opportunity to examine and cross examine witnesses and to be present at all sessions of the hearing. If any party is vulnerable to a charge of a violation of the law, he shall be afforded the opportunity to procure counsel who may be present at the hearing. SEC. 9. EQUAL EMPLOYMENT OPPORTUNITIES. All State contracting agencies, employers, and labor unions shall use their best efforts to provide equal employment opportunities to all apprentices and to provide training, employment and upgrading opportunities for dis- advantaged workers in accordance with section 31-S1(d) of the General Statutes. SEC. 10. DUTIES OF CONTRACTING AGENCIES. All State contracting agencies shall be responsible for compliance with said Executive Order and with all state and federal laws relating to equal employment opportunities. All contracting agencies conducting investigations for the Labor Commissioner pursuant to Executive Order No. Three and these Guidlines .nd Rules shall report to the Labor Commissioner the action taken or recommended with regard to each complaint filed. Each officer of the executive depart- ment, every commissioner, and each executive head of each State agency, board and commission in the executive branch of the State government is expected to assume the responsibility of seeing to complete compliance with the Governor's Executive Order No. Three and shall forth..ith iak- steps to assure and guarantee that there shall be no discrimination within their departments, agencies, boards or commissions in the performance of any state contract or subcontract on the basis of race, creed, color, sex, age, national origin _r national ancestry, or in any way in violation of any state or federal law re- lating thereto BY VIRTUE OF THE AUTHORITY VESTED IN ME PURSUANT TO EXECUTIVE ORDER NO THREE EFFECTIVE JULY 16, 1971. AND THE GENERAL STATUTES OF CONNECTICUT Dated at Wethersfield, Connecticut this �9 day of ��, 1971. /Q�;2 JACK A. FUSARI LABOR COMMISSIONER P STATE OF CONNECTICUT BY HIS EXCELLENCY THCMAS J. MESKILL GOVERNOR EXECUTIVE ORDER NO. THREE WHEREAS, sections 4-61d (b) and 4-114a of the 1969 supplement to the general statutes require nondiscrimination clauses in state contracts and subcontracts for construction on public buildings, other public works and goods and services and WHEREAS, section 4-61e (c) of the 1969 supplement to the general statutes requires the labor department to encourage and enforce eoM anee w t t is policy by both employers and labor unions, and to promote equal employment opportunities, and WHEREAS, the government of this state recognizes the duty and desirability of its leadership in providing equal employment opportunity, by implementing these laws, NOW, THEREFORE, I, THOMAS J. NESKILL, Governor of the State of Connecticut, acting by virtue of the authority vested in me under section twelve of article fourth of the constitution of the state, as supplemented by section 3-1 of the general statutes, do hereby ORDER and DIRECT, as follows, by this Executive Order: I The labor commissioner shall be responsible for the administration of this Order and shall ad wash.such re lations as he deems necessary appropriate to achieve the purposes of this Order. Upon the promulgation o this er, t e commissioner of finance and control shall issue a directive forthwith to all state a entice that henceforth all state con- tracts and subcontracts for construction on public buildings, other public wcr s goods and services shall contain a pro- vision rendering such contract or subcontract subject to this Order, and that such contract or subcontract may be cancelled, terminated or suspended by the labor commissioner for violation of or noncompliance with this Order or state or federal laws concerning nondiscrimination, notwithstanding that the labor commissioner is not a party to such contract or subcontract. II Each contractor having a contract containing the provisions prescribed in section 4-114a of the 1969 supplement to the genera statutes, s all file and shall cause each of his subcontractors to fife, co liance re orts with the con- tractinga en or the 1 r c ssioner, as may be directed. Such reports shall be fil w t n such times and shall coots n such n ormat on as to employment policies and statistics of the contractor and each subcontractor, and shall be in such form as the labor commissioner may prescribe. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order or any preceding similar Order, and in that went to submit on behalf of themselves and their proposed subcontractors compliance reports prior to or as im initial-part of their bid or negotiation of a contract. III - Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor organ sat on or employment agency as defin in section 31-122 of the general statutes, the compliance re ort Snail ent the Saidcr anization or agency and the contractin a en or the labor.conkissioner ma require a c 1 ante report to filedwith the aontractin amour or t e la r c ssioner, as say reef sue or anizat on or agency, s an authorizedofficer or a ent o -suc or anization or agency, with supporting information, to t e e ect that the s s act ces am policies, including but not linii to matters concerning p 107M, raome , training, a enticeshi , member- s p, wance r resenution and in , do not discriminate on grounds o race, color, religious creed, age, sex, or national origin, or ancestry of any individual, and that the rimer will either affirmatively cooperate in the implemen- tation of the li and provisions of this Order, oitthat it consents and agrees t t tment o t a e terms t one or emp oyment under the Proposed contract snail be in accordance with the purposes and provisions of L e er. Iv The labor commissioner may by regulation exempt certain classes of contracts, subcontracts or purchase order from the implementation of this Order, for standard commercial supplies or raw materials, for less than specified amounts of money or= bers of workers or for subcontractors below a specified tier. The labor commissioner may also prwide*by regulation for the.examption of facilities of a contractor which are in all raspec•s separate end distinct from•activities of the contractor related to the performance of the state contract, provided only that such exemption will not interfere with or impede the implementation of this order, and provided further, that in the absence.of such an exemption, all faci- lities shall be covered by the provisions of this Order. V Each contracting agency shall be primarily responsible for obtaining compliance with the regulations of the labor commissioner with respect to contracts entered into by such agency or its contractors. All contracting agencies Shall comply with the regulations of the labor commissioner in discharging their primary responsibility for securing com- pliance with the provisions of contracts and otheMse with the terms of this order and of the regulations of the labor commissioner issued pursuant to this order. They are directed to cooperate with the labor commissioner and-to furnish the labor commissioner such information and assistance as he may require in the performance of his functions under this order. They are further directed to appoint or designate from among the personnel of each agency, compliance officers, whose duty shall be to seek compliance with the objectives of this Order by conference, conciliation, mediation, or persuasion. VI The labor commissioner as invsti t• the 1 �t ae"c11ces and educes of a state contractor or sub- contractor t e t ces c as o labor or an zest r oyment agency ere na • escr � to t under the state contract, as concerns n ter nat on such relatinges- , by organisation or agency as hereina vbo�e es= cr , or the labor commissiDoer say initiate such inwstitation by the appropriate contract asency, to determine whether or not tie contzutnal Sion$ e e spec cr statutes o t e stare respect ms them ve been v o ated.T invest gat om s t in accordance with the procedures established by the labor commissioner and iTie�messi- gating agency shall report to t • labor commissioner any action taken or . VII The labor commissioner shall receive and investigate or cause to be investigated complaints by employees or prospective employees of a state contractor or subcontractor or members or applicants for membership or apprenticeship or training in a labor organization or employment agency hereinabove described, which allege discrimination contrary to the contractual provisions specified hereinabove or state statutes requiring nondiscrimination in employment opportunity. If this investigation is conducted for the labor commissioner by a contracting agency, that agency shall report to the labor commissioner what action has been taken or is recommended with regard to such complaints. Y Vill ¢ The labor commissioner shall use his best efforts, directly and through contracting agencies, othe{}' interested federal, state a local agenc es, contractors an a of er available instruaentalities, including the comwis4ion on human rights and opportunities, the executive committee on human rights and opportunities, and the apprenticeship co ncil under its mandate to provide advice and counsel to the labor commissioner in rovidin ual emmploYment oppoas IP let to all a rentiees and to rovide trAnin to t and *din rtunities for else vanta a wor era, in accordao with sect on i- 1 o the 1969 supplement to t e general statutes, to cause an a r orIIanizat on or any emplovmment agency whose members are engaged in work under government contracts or rem; s p o; training or or in the course of work under a state contract or�subem►tractrtorcvi eratealnrin the iS11g apprentice- of•the purposes of this Order. The labor commissioner shall in a °O e4FntafioR n_ and opportun t es or of er a appropriate cases not y t e commission on uaa eights ppropriate state or federal agencies whenever it has reason to believe that the practices of any such organization or agency violate equal employment opportunity requirements or state or federal law. IX The labor commissioner or any agency officer or employee in the executive branch designated by regulation of the labor commissioner may hold such hearings, public or private, as the labor commissioner may deem pliancet enforcement or educational purposes under this Order. advisable for commp- X (a) The labor commissioner may hold or cause to be hold hearings, prior to imposing ordering or recommending the imposition of penalties and sanctions under this Order. No order for disbarment of any contractor from further state contracts shall be made without affording the contractor an opportunity for a hearing. In accordance with such regulations as the labor commissioner may adopt, the commissioner or the appropriate contracting agency may (1) Publish or cause to be published the names of contractors or labor organizations or employment agencies as hereinabove described which it has concluded have complied or failed to comply with the provisions of this Order or the regulations of the labor commissioner in implementing this Order. • Q) Recommend to the commission on human rights and opportunities that in cases in which there is substantial or material violation or threat thereof of.the contractual provision or related state statutes concerned herein, appropriate proceedings be brought to enforce them, includ- ing proceedings by the commission on its own motion under chapter S63 of the general statutes and the enjoining, within the limitations of applicable law, of organizations, individuals es or groups who prevent directly or indirectly or seek to prevent directly or indirectly compliance with the provisions of this Order. (3) Recommend that criminal proceedings be a g brought under chapter 939 of the general statutes. (4) Cancel, terminate, suspend or cause to be cancelled, terminated, or suspended in accordance with 'law any contract or any portion or portions thereof for failure of the contractor or subcontractor to comply with the nondiscrimination provisions of the contract. Contracts may be cancelled, terminated, suspended absolutely or their continuance conditioned upon a pro- gram for future compliance approved by the contracting agency. (5) Provide that any contracting agency shall refrain from entering into any further contracts or extensions or modifications of existing contracts with any contractor until he has satisfied the labor commissioner that he has extablished and will carry out personnel and employment Policies compliant with this Order. (6) Under regulations prescribed by the labor commissioner each contracting agency shall make reasonable efforts within a reasonable period of time to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation or persuasion, before other proceedings shall be instituted uMer this Order or before a state contract shall be can- celled or terminated in whole or in part for failure of the contractor or subcontractor to com- ply with the contract provisions of state statute and this Order. (b) Any contracting agency taking any action authorized by this Order, whether on its own motion or as direc- ted by the labor commissioner or pursuant to his regulations shall promptly notify his of such action. Whenever the labor -commissioner makes a determination under this Order, he shall promptly notify the appropriate contracting agency and other interested federal, state and local agencies of the action recommended, The state and local agency or agencies shall take such action and,,fhall report the results thereof to the labor commissioner within such time as he shall-specify. XI If the labor comissioner shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless he has satisfactorily complied with the provisions of this Order, or submits a program for compliance acceptable to the labor commissioner, or if the labor comissioner so authorizes, to the contracting agency. XII Whenever a contracting agency cancels orJ terminates a contract, or a contractor has been disbarred from further government contracts because of noncompliance with the contract provisions with regard to nondiscrimination,-the labor com- missioner or the contracting agency shall rescind such disbarment, upon the satisfaction of the labor commissioner that the contractor has purged himself of such noncompliance and will thenceforth carry out personnel and employment policies of non- discrimination in compliance with the provision of this Order. XIII The labor commissioner may delegate to any officer, agency or employee in the executive branch any function or duty of the labor c01MMi3310n0r under this Order except authority to promulgate regulations of a general nature. XIv This Executive Order supplements the Executive Order issued on September 28. 1967. All regulations, orders, in- structions, designations and other directives issued heretofore in these premises, including those issued by the heads of various departments or agencies under or pursuant to prior order or statute, shall remain in full force and effect, unless and until revoked or superseded by appropriate authority, to the.extent.that they are not inconsistent with this Order. This Order shall become effective thirty days after the data of this Order. Dated at Hartford, Connecticut, this 16th day=of June, 1971. NOR �0,*N N SFA a 70-Imn ale ?1)ZtUZs0t w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 sos-Co� AREA CODE 203/644-2511 May 22, 1996 Mr. Walter H. Coughlin, P.E. Manager of Traffic Engineering Bureau of Engineering and Highway Operations State Department of Transportation 2800 Berlin Turnpike, P.O. Box 317546 Newington, Connecticut 96131-7546 Dear Mr. Coughlin: Subject: Cost Sharing Agreement Traffic Control Signal Installation Route 30 at Felt Road Town of South Windsor Enclosed please find two (2) fully executed copies of subject agreement, copy of Town Council resolution authorizing the Town Manager to sign said agreement along with appropriate certification of Town Clerk. If you should have any questions, please contact my office. Very truly yours, Michael J. Ga tick, P.E. Director of Public Works MJG:bmr Enclosures cc: Matthew B. Galligan, Town Manager File /russo/PUBLICWORKS/signal-felt-rt30 STATE OF CONNECTICUT ��►NE6Trp`T DEPARTMENT OF TRANSPORTATION *0 2800 BERLIN TURNPIKE, P.O. BOX 317546 `°yr OF NEWINGTON, CONNECTICUT 06131-7546 Phone: 594-2710 March 22, 1996 Mr. Matthew Galligan Town Manager Town of South Windsor / ,. 1540 Sullivan Avenue South Windsor, CT 06074 MAR 2 8 1996 _ k Dear Mr. Galligan: r Subject: Cost Sharing Agreement Traffic Control Signal Installation Route 30 at Felt Road Town of South Windsor To facilitate inclusion of the subject traffic control signal in the current funding program, it is requested that the Town of South Windsor sign the enclosed Cost Sharing Agreement and return it within thirty(30)days. The Agreement states,in part,that the Town of South Windsor shall deposit with the State,upon demand, a single final payment in full of Five Thousand Four Hundred and Thirty Dollars ($5,430.00). Enclosed are two (2) copies of the Cost Sharing Agreement, a Resolution Certificate and an "Agreement Execution Information" form. Please complete these items in accordance with the steps outlined in the information form. Should you have any questions concerning this matter,please telephone Mr.Paul H.Bixby of this office at 594-2764. "oa Very truly yours, Walter H. Coughlin PIK , �� ,� Manager of Traffic Engineering Bureau of Engineering iv 1 l' and Highway Operations Enclosures cu/f,( p4,t4/ gjek.� � An Equal Opportunity Employer Printed on Recycled or Recovered Paper AGREEMENT EXECUTION INFORMATION THE FOLLOWING ITEMS ARE FOR YOUR INFORMATION AND DIRECTION IN EXECUTING AN AGREEMENT WITH THE STATE OF CONNECTICUT. 1) THE DATE IN PARAGRAPH 1 OF THE INTRODUCTION IS TO BE LEFT BLANK. 2) TWO COPIES OF THE AGREEMENT ARE ENCLOSED. BOTH MUST BE SIGNED BY THE SECOND PARTY SIGNATORY AND TWO WITNESSES MUST AFFIX THEIR SIGNATURES TO ALL COPIES IN THE SAME ORDER. -7) THE SIGNATORY'S NAME AND TITLE AND THE WITNESSES' NAMES MUST BE TYPED OR PRINTED NEATLY BENEATH THEIR SIGNATURES. 4) BOTH COPIES MUST BE RETURNED. A COPY WILL BE SENT TO YOU UPON EXECUTION BY THE STATE OF CONNECTICUT. S) A CERTIFIED COPY OF A RESOLUTION OR A COPY OF THE APPROPRIATE SECTION OF THE TOWN'S CHARTER WHICH AUTHORIZES THE SIGNATORY TO SIGN THIS AGREEMENT, MUST BE RETURNED WITH THE AGREEMENT. 6) BOTH COPIES OF THE AGREEMENT AND ANY DOCUMENTS SUPPORTING THE AGREEMENT MUST HAVE THE CORPORATE SEAL AFFIXED. MEW-RANDUM May 2, 1996 TO: Matthew B. Galligan, Town Manager SUBJECT: COST SHARING AGREEMENT TRAFFIC CONTROL SIGNAL INSTALLATION ROUTE 30 AND FELT ROAD The subject agreement was forwarded to the Town Attorney for review the first week of April. The agreement will require a Town Council Resolution to authorize its execution and provide funding ($5, 430. 00) . The State typically requires these agreements to be executed and returned within 30 days. I have contacted the State to extend said return until the end of May. No funding has yet been set aside for this project, although the Town Council had given staff direction to make a request to the State to initiate this project. At your earliest convenience, I would like to review this matter with you. Michael J. Tantick, P.E. Director of Public Works MJG:bmr cc: Gary Tyler, Chief of Police /russo/TM-96/signal-rM-felt s qJ "r -..T - - WHEREAS, the . State Department aransportaton has —� - -- '4— determined that --the intersection at Felt Road and Oakland Road satisfied three warrants " for . the - `—^- installation of a traffic signal at said intersection; and a J WHEREAS, based upon the States findings, it is the +i recommendation of the Town a- raffic Authority that a traffic signal be installed at�'said intersection Awi.P m w aMA& .( cqk& e4n, dit.� s'y�c.► _ ci '` _ 0 kle�� 0) i a F TOWN COUNCIL TOWN OF SOUTH WINDSOR Minutes Page 10 July 17 , 1995 ITEM: 16 . G. (Continued) Was made by: Councillor Normen Seconded by: Councillor Morin Referencing comments made in the past regarding a clean-up of the area, Councillor Normen said that in the future it might be the project of a civic club with help from the Town. He said the overall feeling was that the conditions of the property were reasonable. Councillor Hale voiced concern about the draft Lease on the parcel which is currently owned by the Town, and she referenced the section dealing with the "use" of the land. It was determined that a clarification should be made in the Lease so that the use would be limited to agricultural or conservation use. The Motion was : Approved Unanimously H. Resolution Supporting the Installation of a Traffic Signal at the Intersection of Felt Road and Oakland Road. WHEREAS, the State Department of Transportation has determined that the intersection at Felt Road and Oakland Road satisfied three warrants for the installation of a traffic signal at said intersection; and WHEREAS, based upon the State's findings, it is the recommendation of the Town's Traffic Authority that a traffic signal be installed at said intersection NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby supports the need for a traffic signal; and requests that the State Department of Transportation take the necessary steps to install a traffic signal at the intersection of Felt Road and Oakland Road. Made by: Councillor Aman Seconded by: Deputy Mayor Futtner The Motion was : Approved Unanimously � 5 n S e LEGAL SERVICES REQUEST FORM DEPARTMENT: R[f ac w p CONTROL # ( b (*) Date of Date Date Date of Type of Review Request Received Dispatched Review (Check Appropriate Box) 49, Contractual Q Statutory Q Regulatory L-i Omer Oiease specify) e v V-44-) ,r ee v�P.w� a �-G.� Ur" o vaz cz,(� 5 e -to cu k c fOu� c k �Oak14�2�E' &r /1 Si nature: *(To be filled in by. Town Manager 's Office)