STATE OF CONNECTICUT (im DEPARTMENT OF TRANSPORTATION (3 ) 2800 BERLIN TURNPIKE, P.0. BOX 317546 \ NEWINGTON, CONNECTICUT 0611-7546 Sy Office of the December 10, 2010 Commissioner ‘An Equal Oppostunity Employer 0 &G Industries/Tutor Perini Corp. a Joint Venture C/O David M. Oneglia President © & G Industries, Inc. 112 Wall Street Torrington, CT 06790 Subject: Notice of Award (Acceptance of Bid) Projecci/Description Project 92-531/622/627: New Haven, Contract E Bid Opening Date - 10/13/10 Dear Mr. Oneglia ‘The Department is pleased to inform you that your bid for the subject project has been accepted. In order to “execute” the contract, please have the authorized representatives from your firm and your bonding company visit the Department of Transportation's Contract Section, Room 2410, on ot before December 20, 2010 prior to 2:00 pm. Please note the required documents listed below that need to be received by DOT on the day of signing in order to move forward with executing the contract. Performance and Payment Bonds Certification of Insurance (CON 32) Certificate of Authority ‘Non Discrimination Certification Gift and Campaign Contribution Certification (OPM Form 1) Consulting Agreement Affidavit (OPM Form 5) Affirmation of Receipt of State Ethics Laws Summary (OPM Form 6) ‘The attached amendment document formulated as part of the responsibility process If you fail to fulfil such requirements or if you fail to sign the contract within the time frame indicated, recourse to your bid bond may be recommended. ‘After execution of the contract your firm will be notified by Mark D. Rolfe, District Engineer, regarding the notice to proceed with work, Ifyou have any questions please feel free to contact me at 860-594-3128. Sincerely, ) 4 Gregory D. Siraka Contract Manager Division of Contract AdministrationAppendix “A” ‘This document sets forth additional terms of the Contract for Project Nos. 92-531/622/627 (the Project), between the Connecticut Department of Transportation (Department), 2800 Berlin ‘Turnpike, Newington, CT 06111; and O & G Industries and Tutor Perini Corporation, a Joint Venture, 112 Wall Street, Torrington, CT 067903 (Joint Venture). This Amendment is incorporated into the contract for Project Nos. 92-531/622/627. ‘The terms and conditions are as follows: 1. The Joint Venture acknowledges and concurs that, following commencement of activities authorized by Article 1.03.08 for Notice to Proceed ~ Part 2, as the general contractor for the Project, itis responsible for the safety of all individuals on the work site including the motoring public. 2. The Joint Venture shall develop and implement a project-specific health and safety plan (the Project Safety Plan) for the Project. ‘The Project Safety Plan shall be created with the assistance of a qualified third party safety consultant and, prior to the commencement of activities on site. The Plan shall be submitted to the Department for review at least 30 days prior to the commencement of activities authorized by Article 1.03.08 for Notice to Proceed - Part 2. 3. The Joint Venture shall provide a full time employee as Site Safety Manager for the Project that will report directly to the Project Manager/Director. The Site Safety Manager shall work exclusively on this Project and the active work site shall always be staffed with an employee whose sole responsibility is safety compliance. The Joint ‘Venture shall ensure that all safety personnel are appropriately trained for such a role. ‘The project safety staff shall monitor and track all safety issues on site, including the activities of the subcontractors, and timely report that information to the Department. The frequency and format of such reporting shall be included in the Project Site Safety Plan. 4, The Site Safety Manager for the Project shall be Mr. Sean McNeill, Mr. McNeill shall, among other things: {a) enforce strict compliance with the Project Safety Plan, the Joint Venture’s safety and health programs, OSHA standards, and all other federal, state, and local safety codes and regulations;(b) handle and oversee new employee orientations, hazard recognition, remediation and site audits, and on-going training; i (c) wack safety incidents, review and report incidents, implement | recommendations resulting from investigations; and (@) report all issues to O&G's corporate office. If, during the course of the Project, Mr. McNeill needs to be replaced, the resume and evidence of the experience of the replacement Site Safety Manager shall be timely provided to the Department for review and approval. 5, ‘The Site Safety Manager shall have clear and unambiguous zuthority to stop any work performed on this Project, including work by subcontractors, and to correct any needed safety concerns. 6, ‘The Joine Venture’s standard agreement with subcontractors shall explicitly authorize the Site Safety Manager to stop any part of the work which he deems unsefe until corrective measures satisfactory to the Safety Manager have been taken. Furthermore, the Joint Venture shall issue a written directive to all workers on the site concerning the Site Safety Manager's authority. 7. The Site Safety Manager shall be supported by other Joint Venture safety personnel to provide coverage during all work hours in identifying hazards and taking all actions, that may be needed to ensure a safe work site. The Joint Venture shall ensure that no safety directive given by the Site Safety Manager or other safety staff can be overridden or ignored, 8, Detailed reports prepared in compliance with the Project Safety Plan shall be timely provided to the Department describing (a) safety issues found during the reporting period; (b) what action was taken to correct the same and verify that corrections occurred; and (c) upcoming safety concerns and the safety measures, training, ete. that will be implemented regarding the same. 9. In addition to the foregoing, the Department reserves the right, at its expense, to contract with an independent third party to do periodic, unannounced safety inspections of the Project site, The Joint Venture shall comply with written directives of the Department that may result from such inspections. 10. The Joint Venture shall implement and comply with all of the foregoing at its sole cost and expense.11. The Joint Venture hereby waives all rights to claims, additional payments, extensions of time, and shall not be entitled to a waiver of liquidated damages otherwise due to the Department (collectively “Claims”) under the contract for the Project based on any of the above-noted terms, including any time extensions or costs incurred in connection with scheduling impacts, inefficiencies, or additional overhead. 12, The Joint Venture also agrees that it shall make no such Claims on behalf of any subcontractors or material suppliers resulting from any of the delays that may occur as a result of implementation of and compliance with the terms or conditions of this Amendment. O&G Industries/Tutor Perini Corporation, Date a Joint Venture Department of Transportation Date