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CONTRACT-Marion Excavating-CDBG-ramps-224-20-WF4.17.2020City of Northampton Vendor Contract Cover Sheet (To Accompany All City Contracts to City Auditor, Purchasing and Mayor’s Office) 1. Department and/or Division Name: Planning & Sustainability 2. Vendor Name: Marion Excavating 3. MUNIS Vendor I.D.#: Department Contract # (if any): 4. Source and Amount of Funds: Please Fill in Below Source: (Check all that apply) Account Name: Account Number: Amount: Total Per Source: CDBG CDBG 2103175 578102 16 2103175 578102 17 2103175 578102 18 2103175 578102 19 $665.12 $334.88 $74,780.54 $110,174.46 $175,955 Traffic Mitigation Traffic Mitigation 2580175-530000 $80,000 $80,000 Total Amount of Contract: $255,955 5. Period of Contract Coverage (If Applicable): To 12/01/2020 6. Brief Description of Goods and/or Services being provided (e.g., Is this a part of a larger project, stand alone, or is it an amendment to a contract?): Handicap accessible wheelchair ramps at various locations 7. Does the vendor have a Northampton Office? Yes XX No (If local) Taxes owed? N/A 8. Please list time and dates that contracts were delivered: Date Received Date Completed Planning & Sustainability, Wayne Feiden: 4.__.2020 WF 4.___.2020 WF Auditor, Joyce Karpinski: Ch. Proc. Off., Joe Cook: Finance Dir., Susan Wright: Mayor David Narkewicz: Sidewalk Curb Cuts bid opening 2:00 PM April 2, 2020VendorVendor AddressBid bond Base priceAlternative 1 Alternative 2 Alternative 3Total with alternative 1Total with all alternativesHealth & Safety PlanNOTESMarion Excavating749 New Ludlow Road, South Hadley, MA 01075 YES $173,690.00$52,737.00 $29,528.00 $59,909.00 $226,427.00 $315,864.00 $4,025.00Campora Construction77 Stivens Drive, Ludlow, MA 01056YES $173,534.00$49,909.00$26,696.00$60,019.00$223,443.00$310,158.00$45,500.00Bid RejectedH.M. Nunes & Sons Construction 82 Carmelinas Circle, Ludlow, MA YES $212,641.00$63,769.00 $57,990.50 $74,020.00 $276,410.00 $408,420.50 $14,000.00Gomes Construction Company 136 Carmelina's Circle, Ludlow, MA 01056 YES $185,989.57$59,435.02 $32,502.51 $69,869.53 $245,424.59 $347,796.63 $35,000.00Geeleher Construction 39 College Hwy, Southampton, MA 01073 YES $221,552.00$68,117.00 $38,588.50 $89,548.50 $289,669.00 $417,806.00 $21,000.00Opened 2:00 PM 4/2/2020 _____________________________________________________________________________________________________________________Wayne Feiden, Director Planning & SustainabilityJesse Moreno, Pro Terra Design Gen. Conditions 1 Contract #_____________ CITY OF NORTHAMPTON MASSACHUSETTS Contract Agreement for Construction of Northampton Shared Use and Sidewalk Ramps Project THIS AGREEMENT, executed this ____________________day of April, 2020 by and between Marion Excavating Co., Inc., 747 New Ludlow Road, South Hadley, MA 01075 hereinafter called "Vendor" and the City of Northampton, a municipal corporation in the County of Hampshire, Commonwealth of Massachusetts, party of the second part hereinafter called "Owner." WHEREAS, the City is hiring the Vendor for the demolition, repair, and replacement of shared use path and sidewalk ADA compliant ramps around the City of Northampton to improve accessibility for users with disabilities and others. WITNESSETH, that for the consideration hereinafter mentioned, the Owner and the Vendor shall agree to the terms and conditions contained in this contract, enumerated as follows: 1.This Owner-Vendor Agreement with its attached contract documents terms 2.The attached bid and design specifications The Contractor agrees to perform the work in the Base Bid and Alternatives 1 and 2 in accordance with the plans and specifications, break ground by May 4, 2020, have construction substantially complete by July 1, 2020 and fully complete by July 15, 2020. THE OWNER shall pay the Vendor for the performance of this contract in the sum of Two Hundred and Fifty Five Thousand, Nine Hundred and Fifty Five Dollars ($255,955) in accordance with the terms of this contract and the project manpower budget. Notwithstanding any language in the contract documents all work must be completed by June 30, 2020 in order to comply with the terms of the grant funding this work and no contract amendment can be extended beyond that time. The City will not pay for any work beyond this time period. The Vendor shall email weekly certified payroll records, without any portion of social security numbers included, apprentice training identification cards for each apprentice on the payroll, if any, and proof of OSHA 10 Certification, if applicable. The Vendor hereby commits to purchasing some supplies and services from certified minority or women-owned business, small businesses, or businesses owned by socially or economically disadvantages persons or persons with disabilities. This contract shall not be altered in any particular without the consent of all parties to this contract. All alterations to this contract must be in writing and authorized as such by the Mayor and the Director of Planning and Sustainability. The Vendor shall not delegate, assign or transfer any of its duties delineated in the scope of services without prior written consent from the CITY. In the event the Vendor is a corporation a certificate that the person executing this contract is duly Gen. Conditions 2 authorized to sign, must accompany this contract. Notwithstanding anything in the Contract documents to the contrary, any and all payments which the City is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the City Auditor. Obligations for payments beyond the current fiscal year are subject to appropriation and this Contract shall be canceled in the event of non-appropriation. Final payment on this contract shall release and discharge the Owner from any and all claims against the Owner on account of any work performed hereunder, or any alteration hereto. The Vendor shall indemnify and hold harmless, the CITY and all of its officers, agents, and employees against all suits, claims or liabilities of every nature, arising out of, or in consequence of, the acts or omissions of the Vendor, its employees, agents, or sub-contractors in connection with their rendering of services or goods under this AGREEMENT and will, at the Vendor’s own cost and expense, defend any and all such suits and actions By signing this contract the Vendor agrees to subject any dispute to mediation, at the option of the City, prior to filing suit in any forum. This contract shall be deemed to be a Massachusetts contract and its interpretation and construction shall be governed by the laws of Massachusetts and the Charter and Ordinances of the Owner. The provisions of this contract are severable. If any provision of this contract shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect any other provisions of this contract. The City of Northampton is not bound by this contract until approved by the Mayor of Northampton. Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I have, to my best knowledge and belief, complied with the law of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. I further authorize the City of Northampton to deduct from the amounts due under this contract, any overdue taxes, real or personal, or any other fees due to the City of Northampton from the vendor which become due and payable by the vendor or its officers, directors or agents during the term of this contract or until the final amounts due under this contract are paid in full. The Contractor certifies that a) neither it nor any of its subcontractors have been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c. 149, c. 151, or the Fair Labor Standards Act within three (3) years prior to the date of the Contract, or b) that if it or any of its subcontractors have been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c. 149, c. 151, or the Fair Labor Standards Act within three (3) years prior to the date of the Contract, the Contractor has provided copies of any such judgment, citation, determination or order to the City prior to the date of the Contract and has procured a wage bond or insurance. The Contractor certifies that while the Contract is in effect, it will report any instance of the above to the City within five (5) days of Contractor's receipt. Gen. Conditions 3 The vendor does not have a Northampton office. IN WITNESS WHEREOF the Owner caused these presents to be signed in quadruplicate and approved by David Narkewicz its Mayor and the said Vendor has caused these presents to be signed in quadruplicate and its official seal to be hereto affixed by its officer or agent thereunto duly authorized (by the attached corporate resolution). This instrument shall take effect as a sealed instrument. Marion Excavating Co., Inc., Vendor Authorized Signatory by its (Title) Date Certificate by Corporation to Sign Contract At a duly authorized meeting of the Board of Directors of the Marion Excavating Co., Inc held on __________. (Date) At which all the Directors were present or waived notice, it was voted that, the Authorized Signatory of this company, be and he hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company's name on its behalf by such officer under seal of the company, shall be valid and binding upon this company, A TRUE COPY, ATTEST: (Clerk) Place of Business: Date of this Contract: CITY OF NORTHAMPTON: ______________________Date ____________ Wayne Feiden, FAICP, Director of Planning and Development _______________________Date ___________ Joyce Karpinski, City Auditor, approved as to appropriation. _______________________Date ____________ Joe Cook, Chief Procurement Officer, approved as to c. 30B compliance Date Mayor David Narkewicz Contract Documents City of Northampton Shared Use & Sidewalk Ramps Project Various Locations Northampton, Massachusetts March 4, 2020 Contract 98‐20 Prepared For: Office of Planning & Sustainability City of Northampton 210 Main Street, Room 11 Northampton, MA (413) 587‐1265 Prepared By: ProTerra Design Group, LLC 4 Bay Road Building A; Suite 200 Hadley, MA 01035 (413) 320‐4918 www.proterra‐design.com 1‐2 TABLE OF CONTENTS ADVERTISEMENT FOR BIDS ........................................................................................................................ 1‐3 SECTION 1 – INVITATION FOR BID ............................................................................................................. 1‐6 SECTION 2 – PROPOSAL ............................................................................................................................. 2‐1 SECTION 3 – PREVAILING WAGE RATES (MA & FEDERAL) ......................................................................... 3‐1 SECTION 4 – CONTRACT AGREEMENT (CITY) ............................................................................................. 4‐1 SECTION 5 – SPECIAL CONDITIONS & PROVISIONS.................................................................................... 5‐1 SECTION 6 – TECHNICAL SPECIFICATIONS ................................................................................................. 6‐1 SECTION 7 – ADDITIONAL INFORMATION ................................................................................................. 7‐1 1‐3 ADVERTISEMENT FOR BIDS The City of Northampton Office of Planning & Sustainability (City), the Awarding Authority, invites sealed bids from General Contractors for the Shared Use & Sidewalk Ramps Project in Northampton, Massachusetts. The bids are to be prepared in accordance with the documents prepared by ProTerra Design Group, LLC dated March 4, 2020 and any subsequent addenda. The project involves the demolition, repair, and replacement of shared use path and sidewalk ADA compliant ramps at various locations around the City of Northampton to improve accessibility. More specifically the work in near or adjacent to State Street and Center Street, Masonic and Center Street; Chestnut Street at Rail Trail; Keyes Street at Rail Trail; Elm Street; and Pine Street and South Main Street. The principal work to be contained in the BASE BID (RAMPS 10, 11 & 22, 23, 24 & 31, 32) of this Project consists of: installation of erosion control, traffic management devices, demolition and removal of existing sidewalk, curbs, and ramps, replacement/extension of concrete sidewalk, installation of granite curb, accessible ramps, and restoring bituminous concrete roadway and miscellaneous; restoration, and installation of new pavement markings and signs in and around State & Center Street, Masonic & Center Street, around Chestnut Street at Rail Trail. The alternative work to be contained in the ALTERNATE 1 BID (RAMPS 12 & 13) of this Project consists of: installation of erosion control, traffic management devices, demolition and removal of existing sidewalk, curbs, and ramps, replacement/extension of concrete sidewalk, installation of granite curb, accessible ramps, and restoring bituminous concrete roadway and miscellaneous; restoration, and installation of new pavement markings and signs in and around Keyes Street at Rail Trail. The alternative work to be contained in the ALTERNATE 2 BID (RAMP 25 A & B) of this Project consists of: installation of erosion control, traffic management devices, demolition and removal of existing sidewalk, curbs, and ramps, replacement/extension of concrete sidewalk, installation of granite curb, accessible ramps, and restoring bituminous concrete roadway and miscellaneous; restoration, and installation of new pavement markings, surface applied tactile warning, and signs in and around Elm Street. The alternative work to be contained in the ALTERNATE 3 BID (RAMP 28, 29, 30) of this Project consists of: installation of erosion control, traffic management devices, demolition and removal of existing sidewalk, curbs, and ramps, replacement/extension of concrete sidewalk, installation of granite curb, accessible ramps, and restoring bituminous concrete roadway and miscellaneous; restoration, and installation of new pavement markings and signs in and around Pine & South Main Street. Bids not including all zones and alternative work will be rejected. The decision to include the alternate work to the final contract shall be at the discretion of the City. The City reserves the right to award the contract to the lowest responsive and eligible bidder on the base bid or the base bid and the combination of one or more of the alternates. All bidders shall submit bids for the principal work and alternates. All construction (including alternates) to be substantially completed by June 15, 2020. Final completion on or before June 30, 2020. The estimated contract cost is $160,000 (base bid); $280,000 (base plus all alternates). 1‐4 As determined by the City, the prioritization of the BASE BID and ALTERNATES work is indicated below: 1. BASE BID (RAMPS 10, 11 & 22, 23, 24 & 31, 32) 2. ALTERNATE 1 (RAMPS 12 & 13) 3. ALTERNATE 2 (RAMP 25A & B) 4. ALTERNATE 3 (RAMP 28, 29, 30) All bids for this project are subject to the provisions of Massachusetts General Laws Chapter 30, Section 39M as amended. Bids are also subject to M.G.L. c.149 §44A‐J and to minimum wage rates as required by M.G.L. c.l49 §§26 to 27H inclusive or Federal Davis Bacon Wage rates whichever is greater. The project to be performed pursuant to this Contract may be financed with assistance from the (Community Development Block Grant Program ‐ HUD) and is subject to all applicable Federal, State and local regulations including the Davis‐Bacon Act and other labor laws described in Section 5 Special Conditions. The Contractor is specifically notified herein that they must adhere to including but not limited to The Copeland Act (Anti‐Kickback Act), The Fair Labor Standards Act (FLSA), The HUD labor standards, Davis‐Bacon Wage Decisions, and Assurance of Compliance (Section 3, HUD Act of 1968). The City of Northampton Office of Planning & Sustainability (City) will receive sealed Bid proposals for the above referenced project until 2:00 PM, Thursday, April 2, 2020. Shortly thereafter, respected bids will be open forthwith and read aloud. Proposals shall be hand‐delivered or addressed as follows: City of Northampton Office of Planning & Sustainability Attn: Wayne Feiden, Director 210 Main Street Room 11 Northampton, MA 01060 (413) 587‐1265 Bids and alternates shall be enclosed in a sealed envelope marked “Shared Use & Sidewalk Ramps Project” including all forms included in “Section 2 – Proposal” of the Bid Documentation. All bidders are hereby notified that bid deposits must accompany the filed proposal, must be a minimum of five percent (5%) of his or her bid and shall be in the form of a bid bond, certified check, cashier's check or treasurer's check made payable to the City of Northampton. All bids which are not accompanied by the proper bid deposit or certification or which are on a form not completely filled in or which are incomplete, conditional or obscure, or which contain any additions or deductions not called for, shall be invalid. Copies of the Bid Forms and Contract Documents will be available for pick‐up at www.biddocsonline.com (may be viewed electronically and hard copy requested) or at Nashoba Blue, Inc. at 433 Main Street, Hudson, MA 01749 (978‐568‐1167) after 9:00 AM on March 4, 2020. There is a plan deposit of $ 50 per set (maximum of 2 sets) payable to BidDocs ONLINE Inc. Deposits may be electronically paid or must be a certified or cashier's check. This deposit will be refunded for up to two sets for general bidders and for one set for sub‐bidders upon return of the sets in good condition within thirty days of receipt of general bids. Otherwise the deposit shall be the property of the Awarding Authority. Additional sets may be purchased for $50. Bidders requesting Contract Documents to be mailed to them shall include a separate check for $40.00 per set for UPS Ground (or $65.00 per set for UPS overnight), payable to BidDocs ONLINE Inc. to cover mail handling costs. 1‐5 The attention of all Bidders is specifically directed to the contract provisions regarding bonds, insurance, permits, time of performance, liquidated damages, compliance with Davis‐Bacon/related labor standards and minimum wage rates. The attention of all Bidders is specifically directed to the requirements to pay not less than the prevailing minimum wage stated in the Contract Documents, Minimum Wage Rates as determined by the Commissioner of Department of Labor and Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Sections 26 to 27D, as amended, and Federal Davis‐Bacon wage decisions that apply to this project. It is the responsibility of the contractor, before quote submission, to request if necessary, any additional information on Minimum Wage Rates for those trades people who may be employed for the proposed work under this contract. Bidders are required to comply with the greater of federal Davis‐Bacon wage decisions or state minimum wage schedules as established by the Commissioner of Department of Labor and Workforce Development. Attention is directed to the Invitation to Bid, Bid Proposal & Form for General Bid, the Labor Harmony Clauses, Special Conditions & Provisions, Conformance with the Davis‐Bacon Act, applicable HUD Labor Standards, and the prohibition of abnormally high or low prices for any item of work. Bids may be held by the City for a period not to exceed thirty (30) business days from the date of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of the bidders, prior to awarding the contract. The City reserves the right to waive any and all informalities in the bidding or to reject any and all bids if it is in the public interest to do so. 1‐6 SECTION 1 – INVITATION FOR BID The City of Northampton Office of Planning & Sustainability (City), the Awarding Authority, invites sealed bids from General Contractors for the Shared Use & Sidewalk Ramps Project in Northampton, Massachusetts. The bids are to be prepared in accordance with the documents prepared by ProTerra Design Group, LLC dated March 4, 2020 and any subsequent addenda. The project involves the demolition, repair, and replacement of shared use path and sidewalk ADA compliant ramps at various locations around the City of Northampton to improve accessibility. Copies of the Bid Forms and Contract Documents will be available for pick‐up at www.biddocsonline.com (may be viewed electronically and hard copy requested) or at Nashoba Blue, Inc. at 433 Main Street, Hudson, MA 01749 (978‐568‐1167) after 9:00 AM on March 4, 2020. There is a plan deposit of $ 50 per set (maximum of 2 sets) payable to BidDocs ONLINE Inc. Deposits may be electronically paid or must be a certified or cashier's check. This deposit will be refunded for up to two sets for general bidders and for one set for sub‐bidders upon return of the sets in good condition within thirty days of receipt of general bids. Otherwise the deposit shall be the property of the Awarding Authority. Additional sets may be purchased for $50. Bidders requesting Contract Documents to be mailed to them shall include a separate check for $40.00 per set for UPS Ground (or $65.00 per set for UPS overnight), payable to BidDocs ONLINE Inc. to cover mail handling costs. INSTRUCTIONS TO BIDDERS 1. GENERAL The City of Northampton Office of Planning & Sustainability (City), will receive sealed Bid proposals for the above referenced project until 2:00 PM, Thursday, April 2, 2020. Proposals shall be hand‐delivered or addressed as follows: City of Northampton Office of Planning & Sustainability Attn: Wayne Feiden, Director 210 Main Street Room 11 Northampton, MA 01060 (413) 587‐1265 Bids and alternates shall be enclosed in a sealed envelope marked “Shared Use & Sidewalk Ramps Project in Northampton, Massachusetts” including all forms included in “Section 2 – Proposal” to document the bid. All bidders are hereby notified that bid deposits must accompany the filed proposal, must be a minimum of five percent (5%) of his or her bid and shall be in the form of a bid bond, certified check, cashier's check or treasurer's check made payable to the City of Northampton. All bids which are not accompanied by the proper bid deposit or certification or which are on a form not completely filled in or which are incomplete, conditional or obscure, or which contain any additions or deductions not called for, shall be invalid. No bidder may withdraw his/her bid within 30 days (Saturdays, Sundays, and legal holidays excluded) after the actual date of the bid opening. All bids for this project are subject to the provisions of Massachusetts General Laws Chapter 30, Section 39M as amended. The City reserves the right to reject any or all bids at its sole discretion. 1‐7 A Performance Bond and also a Payment Bond from the successful bidder are required in the amount of 100% of the contract price, including alternates. The contractor will be required to maintain existing accessible routes in and around the location of ramp improvements and continuous access to local residents and businesses. The contractor will be required to schedule portions of the work that affect this access including any school zones on Saturday or Sunday or off‐hours as required, or otherwise provide temporary accessible ramp access. All construction (including alternates) to be substantially completed by June 15, 2020. Final completion on or before June 30, 2020. Contract award on or about April 10, 2020. The Contractor shall break ground on or about May 4, 2020. The attention of all bidders is specifically directed to the contract provisions regarding bonds, insurance, permits, time of performance, liquidated damages, Davis‐Bacon, and State minimum wage rates. Bidders are specifically directed to the requirements to pay not less than the prevailing minimum wage stated in the Contract Documents and also the Labor Harmony Clause stated in the Invitation to Bid. Attention is directed to the Invitation to Bid, Bid Proposal & Form for General Bid, the Labor Harmony Clauses, Special Conditions & Provisions, and the prohibition of abnormally high or low prices for any item of work. Bids may be held by the City for a period not to exceed thirty (30) business days from the date of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of the bidders, prior to awarding the contract. The City reserves the right to waive any and all informalities in the bidding or to reject any and all bids if it is in the public interest to do so. Bidders are instructed to ignore references in City’s contract referring to Chapter 30, Section 39k for procedures for paying the Contractor for vertical construction. All references thereto should be removed. For work at hand, Chapter 30, Section 39F subsections a‐h should be substituted for payment procedures. The Vendor hereby commits to purchasing some supplies and services from certified minority or women‐owned business, small businesses, or businesses owned by socially or economically disadvantages persons or persons with disabilities. 2. EXISTING CONDITIONS Bidders must satisfy themselves by personal examination of the location of the proposed work. Said examination shall be conducted in such a way as to not restrict the travel of the residents of nearby residents to block access to their driveways and other access ways. Bidders must familiarize themselves with all federal, state, and local laws and regulations which may affect cost, progress, or performance of the work. The locations of existing equipment and/or structures within the project area are shown on the drawings in accordance with the best available information in the City’s possession. The completeness and accuracy of said information is not guaranteed and the Contractor shall have no grounds for additional compensation because of excessive expense due to encountering any existing pipes, conduits or other structural features whether or not said items are in plain view. 1‐8 3. SCOPE OF WORK The work to be done consists of, but is not limited to the following: construction and/or reconstruction of cement concrete wheelchair ramps, hot mix asphalt (HMA) sidewalks, streets and paths, cement concrete sidewalks and driveways, all constructed within the tolerances established in the MA DOT Construction Standard Details, City of Northampton DPW Specifications and in compliance with the Americans with Disabilities Act (ADA) and AASHTO Guide for the Development of Bicycle Facilities. This work may also include furnishing and setting granite curb, sloped granite, curb inlets, curb corners and edging on a gravel foundation/concrete lock and HMA curb on a HMA base, removing and resetting existing granite curb; edging, curb corners and curb inlets of every type; rebuilding or remodeling of drainage structures; furnishing and placing loam and related items; removal of existing pavement markings; installing permanent pavement markings; installing temporary erosion control devices where necessary and the placement of necessary traffic control devices for traffic management through the work zone. All work shall be performed within, and accessed by, existing City or Town roadways. 4. DRAWINGS AND CONTRACT DOCUMENTS Copies of the Bid Forms and Contract Documents will be available for pick‐up at www.biddocsonline.com (may be viewed electronically and hard copy requested) or at Nashoba Blue, Inc. at 433 Main Street, Hudson, MA 01749 (978‐568‐1167) after 9:00 AM on March 4, 2020. There is a plan deposit of $ 50 per set (maximum of 2 sets) payable to BidDocs ONLINE Inc. Deposits may be electronically paid or must be a certified or cashier's check. This deposit will be refunded for up to two sets for general bidders and for one set for sub‐bidders upon return of the sets in good condition within thirty days of receipt of general bids. Otherwise the deposit shall be the property of the Awarding Authority. Additional sets may be purchased for $50. Bidders requesting Contract Documents to be mailed to them shall include a separate check for $40.00 per set for UPS Ground (or $65.00 per set for UPS overnight), payable to BidDocs ONLINE Inc. to cover mail handling costs. Complete sets of Contract Documents shall be used in preparing bids. Neither City nor Engineer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents or reliance on electronic drawing copies due to alteration, erasure and/or scaling, either intentional or unintentional, due to, but not limited to aesthetic presentation, software errors, transmission errors, conversion errors, media degradation, or human alterations. City and Engineer in making copies of Contract Documents available on the above terms do so only for the purpose of obtaining bids for the work and do not confer a license or grant for any other use. 5. GENERAL BIDS Bids may be withdrawn at any time prior to the designated time for the opening of bids. No bidder may withdraw his/her bid within 30 days (Saturdays, Sundays, and legal holidays excluded) after the actual date of the bid opening. Bids will be compared on the basis of the lump sum prices stated in the Proposal. In the event that there is a discrepancy between the lump sum price written in words and written in figures, 1‐9 the price written in words shall govern. The City reserves the right to award the contract to the lowest responsive and eligible bidder on the base bid or the base bid and any combination of one or more of the alternates. Refer to section on Alternate Bid Items herein. The City may reject as informal, Bids which are incomplete, conditional, or obscure, or which contain additions not called for, erasures not properly initialed, alterations, or irregularities of any kind; or the City may waive such informalities. City is exempt from Massachusetts State sales and use taxes on materials and equipment to be incorporated in the work. Said taxes shall not be included in the bid. The tax exemption number will be provided to the successful bidder. Unit prices shall be used for change orders to the contract involving additions or deductions to the contract. 6. BID SECURITY (a) Each Bid must be accompanied by a Bid Bond for not less than 5% (five percent) of the bid price, with a surety company satisfactory to the City, payable to the City of Northampton, Massachusetts, said Bid Bond to be returned to the Bidder unless forfeited under the conditions herein stipulated. The Bid Bond should be enclosed in the sealed envelope containing the Bid. Such Bid Bond will be returned to all except the three lowest responsible and eligible Bidders within five days, Saturdays, Sundays and legal holidays excluded, after the formal opening of the bids. (b) The remaining Bid Bonds will be returned to the three lowest responsible and eligible Bidders within three days after the City and the accepted Bidder have executed the Contract. If no Contract has been so executed within 30 days after the date of the opening of bids, the bid security will be returned at any time thereafter upon demand of the Bidder so long as he has not been notified of the acceptance of his bid. (c) If all Bids are rejected, bid security will be returned forthwith. 7. QUESTIONS REGARDING SPECIFICATIONS Any questions regarding the intent or meaning of the specifications and the equality or use of products or methods, other than those definitely designated or described on the drawings or in the specifications, shall be submitted in writing or email by the bidders to the Designer to the address listed below, together with drawings, detailed specifications or other data in sufficient detail to enable the Designer to determine the equality of the product or method, at least five (5) business days before the advertised openings of bids. Oral and other interpretations or clarifications will be without legal effect. No questions will be answered if received after 2:00 p.m. on March 26, 2020. ProTerra Design Group, LLC Attn: Jesse Moreno 4 Bay Road Building A; Suite 200 Hadley, MA 01035 1‐10 (413) 320‐4918 jmoreno@proterra‐design.com The Designer shall arrange as addenda, which shall become a part of the contract and specifications, all questions so received with his/her decision regarding each. A notification of addenda shall be emailed to all plan holders registered for the project on the BidDocs Online website prior to said opening of bids. The Bidder shall acknowledge receipt of each addendum, if any, in the space provided on the bid form. Unless such action shall have been taken by the Bidder and approval obtained, he/she agrees to use the product or method designated or described in the specifications. 8. SUBSTITUTE AND “OR EQUAL” ITEMS The contract, if awarded, will be on the basis of materials and equipment specified or described in the bid documents without consideration of possible substitute or “or equal” items. Whenever it is specified or described in the bid documents that a substitute or “or equal” item of material or equipment may be furnished or used the Contractor if acceptable to Designer, application for such acceptance will not be considered by Designer until after the effective date of the agreement. The procedure for submission of any such application by Contractor and consideration by Designer is set forth in the General Conditions and may be supplemented in the General Requirements. 9. CONTRACT AWARD It is the purpose of the City not to award this contract to any Bidder who does not furnish satisfactory evidence that he/she has ability and experience in this class of work, and that he/she has sufficient capital to enable him/her to prosecute the same successfully and to complete it in the time named in the Contract. The Bidder is requested to state what work of a similar character to that required in the proposed Contract he has completed together with references on the form provided herein. Bidders may be investigated by the City to determine if they are qualified to perform the work. The contract will be awarded to the responsive & responsible bidder offering the best price as judged by the City. The City reserves the right to award the contract to the lowest responsive and eligible bidder on the base bid or the base bid and any combination of one or more of the alternates. The decision to include the alternate work to the final contract shall be at the discretion of the City. A Performance Bond and also a Labor and Materials or Payment Bond in an amount of the full contract price (including any chosen alternates) will be required to be furnished by the Contractor to the Department as security for payment by the Contractor and Subcontractors for labor, materials, rental equipment and for such other purposes as are more specifically set forth in M.G.L. Chapter 149, Section 29 and Chapter 30, Section 39A and all amendments thereto with a surety company satisfactory to the City. The payment bond referred to in Chapter 149, Section 29 and Chapter 30, Section 39A is the sole security under said sections for payment by the Contractor and Subcontractor for labor performed 1‐11 or furnished and materials used or employed therein; said security to remain in force until the validity of all such claims shall be established and finally determined and if determined and established as valid, all such claims shall be paid by the surety. The party to whom the Contract is awarded will be required to present forthwith the name of the surety company to be offered and to execute the Contract and furnish the bonds duly executed by a satisfactory surety company, within the time limit stated in the Proposal after notification that the Contract is ready for signature. In case the party to whom the Contract is awarded shall fail or neglect to execute the Contract and furnish satisfactory bonds within the time specified, the City may determine that the Bidder has abandoned the Contract and thereupon the Proposal and acceptance shall be null and void, and the surety accompanying the Proposal shall be forfeited to and retained by the said City as liquidated damages for such failure or neglect, and to indemnify said City for any loss which may be sustained by failure of the Bidder to execute the Contract and furnish bond as aforesaid. After the execution of the Contract and acceptance of the Bond by the City, the Surety Bond accompanying the Proposal of the successful Bidder shall be returned. 10. LABOR HARMONY The general contractor shall certify that itself and all subcontractors are able to and will work harmoniously with all elements of labor employed or to be employed on the work, or adjacent to the site where work will be performed under this Contract, and shall perform such work in a manner so as to promote the orderly and efficient performance of the work under this and separate Contracts. The undersigned General Bidder shall include corresponding provisions of working in harmony with all elements of labor employed at the site. Each Contractor shall furnish, and shall require all of its subcontractors of any tier to furnish, labor that works in harmony with all other elements of labor employed, or to be employed, on the Project. Without limiting the generality of the foregoing, "Labor Harmony" shall include the provision of labor that will not cause, cause to be threatened, engage in, or give rise to, either directly or indirectly, any disruption, slowdowns, or stoppages to the Work of the Project, or any violence or harm to any persons or property on the Project. Each Contractor shall include this Labor Harmony Clause in all subcontracts, regardless of tier, which is involving this Project. For the purposes of this Labor Harmony Clause, the term "Contractor" and "Contract" will be deemed to include "subcontractor(s)" and "subcontract(s)," respectively. 2‐1 SECTION 2 – PROPOSAL 1. General Bid Form 2. Bid Sheets (Shared Use & Sidewalk Ramps Project) 3. Certificate of Non‐Collusion 4. Company Data Form 5. States Tax Filing & Verification of Payment Form 6. Statement of Bidder’s Qualifications 7. Bid Bond (in a form suitable to City) 2‐2 GENERAL BID FORM To the Awarding Authority: A. The Undersigned proposes to furnish all labor and materials required for the Shared Use & Sidewalk Ramps Project in Northampton, Massachusetts, in accordance with the accompanying plans and specifications prepared by ProTerra Design Group, LLC for the contract price specified below, subject to additions and deductions of alternates as deemed by the city according to the terms of the specifications. B. This bid includes addenda numbered: _________________. C. The proposed BASE BID (RAMPS 10, 11 & 22, 23, 24 & 31, 32): contract price is $_________________ (in numerals) ___________________________________________________ dollars (in words) For the ALTERNATE 1 BID (RAMPS 12 & 13): Add $________________________________________ (in numerals) ___________________________________________________ dollars (in words) For the ALTERNATE 2 BID ((RAMP 25A & B): Add $_______________________________ (in numerals) ___________________________________________________ dollars (in words) For the ALTERNATE 3 BID (RAMP 28, 29, 30): Add $_______________________________(in numerals) ___________________________________________________ dollars (in words) D. Fill out all prices and amounts in ink. Proposed Total Contract Bid Price shall be entered in writing and in figures. The Unit Prices and Item Amounts in the Schedule of Bid Prices shall be entered in figures/words. In case of discrepancy between Unit Price and Item Amount, the Unit Price shall govern. In case of discrepancy between total of items and total of bid amount stated, the total of the individual items shall govern. Use the Form for General Bid accompanying this document when submitting a bid proposal and submit the Form for General Bid in its entirety along with the required bid deposit. E. The undersigned agrees that, if he/she is selected as general contractor, he/she will within five (5) days, Saturdays, Sundays, and legal holidays excluded, after presentation thereof by the City, execute in quadruplicate a contract in accordance with the terms of this General Bid and furnish a performance bond and also a payment bond (labor and materials), each of a surety company qualified to do business under the laws of the Commonwealth and satisfactory to the City and each in the sum of fifty (100%) of the total contract bid price, the premiums for which are to be paid by the general contractor and are included in the contract price. F. The undersigned general bidder hereby certifies that itself and all subcontractors are able to and will work harmoniously with all elements of labor employed or to be employed on the work, or adjacent to the site where work will be performed under this Contract, and shall perform such work in a manner so as to promote the orderly and efficient performance of the work under this and separate Contracts. The 2‐3 undersigned General Bidder shall include corresponding provisions of working in harmony with all elements of labor employed at or adjacent to the site in all its subcontracts and agreements. Each Contractor shall furnish, and shall require all of its subcontractors of any tier to furnish, labor that works in harmony with all other elements of labor employed, or to be employed, on the Project. Without limiting the generality of the foregoing, "Labor Harmony" shall include the provision of labor that will not cause, cause to be threatened, engage in, or give rise to, either directly or indirectly, any disruption, slowdowns, or stoppages to the Work of the Project, or any violence or harm to any persons or property on the Project. Each Contractor shall include this Labor Harmony Clause in all subcontracts, regardless of tier, which is involving this Project. For the purposes of this Labor Harmony Clause, the term "Contractor" and "Contract" will be deemed to include "subcontractor(s)" and "subcontract(s)," respectively. The Contractor including any subcontractor(s) agree to conform with the applicable provisions of the Davis‐Bacon Act, requirements to certified payroll (including any weekly forms), payroll deduction authorizations, monthly reporting, employee data certification, posted notices, et.al. any other requirements of the Act for the duration of the project. G. The undersigned bidder further agrees that, if s/he fails to perform his/her agreement to execute a contract and furnish a performance bond and also a labor and materials or payment bond as stated in this bid, the bid deposit accompanying the copy of this bid filed with the City shall become and be the property of the City as liquidated damages. H. The undersigned represents that this proposal is made in good faith without fraud, collusion or connection of any kind with other bidders for the same work, that the undersigned is competing solely in his own behalf without connection with, or obligation to, any undisclosed person or corporation that no other person or corporation has any interest in the profits of the contract, that the undersigned has read the contract documents attached hereto and is fully informed in regard to all provisions thereof including without limitation the drawings, the time for performance and, the provisions for liquidated damages, if any, and that the undersigned has visited the premises described in said contract documents and made his own examination of the place where the work is to be done and of all conditions pertaining to the work and has made his own estimates and from such examination and estimates makes this bid. The undersigned also certifies that all workers have completed Occupational Safety and Health Administration (OSHA) 10‐hour training. I. The names and addresses of all persons interested in this proposal, as principals other than the undersigned, are as follows: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ J. The bidder is a (an) _____________________________________________________________ Individual ‐ Partnership ‐ Corporation ‐ Joint Venture – Trust 2‐4 1. If bidder is a Partnership, state names and residential addresses of all partners: ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ 2. If bidder is a Corporation, state the following: Corporation is incorporated in the State of: ___________________________ President is: ________________________________________ Treasurer is: ________________________________________ Place of business is: ________________________________________ (Street, City, State and Zip Code) 3. If the bidder is a Foreign Corporation, also state the following: (a) The Power of Attorney required by General Laws, c.181, s., was filed on: ________________________________________________________ (b) The Certificate and copy of its Charter, Articles or Certificate of Incorporation required by General Laws, c. 181, s.5, were filed on: ________________________________________________________ 4. If the bidder is a Joint Venture, state the names and business addresses of each person, firm or company that is party to the venture: A copy of the joint venture agreement is on file at ______________________________ and will be delivered to the City on request. 5. If the bidder is a Trust, state the names and residential addresses of all Trustees: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 2‐5 The Trust documents are on file at: ____________________________________________ A copy of the same will be delivered to the City on request. K. Bank Reference: ___________________________________________________________________ L. If the business is conducted under any title other than the real name of the owner, state the time when, and place where, the certificate required by General Laws, c. 110, s. 5, was filed: ___________________________________________________________________ M. The Federal Social Security Identification Number of the bidder (the number used on Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941) is: ___________________________________________________________________ N. CONTRACTOR INSURANCE REQUIREMENTS It is the desire of City for the Contractor to possess insurance in the types and limits specified in the Contract Documents. Contractors not possessing the required insurance and/or limits shall attach additional sheets fully describing their coverage. The Contractor shall provide sample "Certificates of Insurance" as part of this bid package and effective "Certificates of Insurance" upon notification of contract award. Said certificates shall name City of Northampton and ProTerra Design Group, LLC as additional insured parties. Description of Contractor's Proposed Liability Insurance: 1. Name of Current Insurance Firm: Address: _____________________________________ Contact: _____________________________________ Phone No.: ____________________________________ 3. Description of Coverage and Limits Provided By Policy: _____________________________________________________________ _____________________________________________________________ 4. Policy Period: _____________________________________________________________ O. The undersigned offers the following information as evidence of his qualifications to perform work as bid upon according to all requirements of the plans and specifications: 1. Have been in business under present business name ___________________ years. 2‐6 2. Ever failed to complete any work awarded _____________ (if so, attach descriptive account). NOTE: For the purposes of executing the bid please note the following: 1. This proposal must bear the written signature of the bidder, and must be accompanied by a bid deposit. 2. If the bidder is an individual doing business under a name other than his own name, the proposal must so state, giving the address of the individual. 3. If the bidder is a partnership, the proposal must so state, setting forth the names and addresses of all partners, and must be signed by a partner designated as such. 4. If the bidder is a corporation, the proposal must bear the seal of the corporation and must be signed by a duly authorized officer or agent of such corporation. 5. If the price of any item appears to the Director to be abnormally high or low, or the bidder neglects to bid on each and every item, it may be cause for the rejection of the proposal. The undersigned hereby certifies that he/she is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that he/she will comply fully with all laws and regulations applicable to awards made subject to section 44A. The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty‐nine F of chapter twenty‐nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder. Date:___________________, 2020 _______________________________________________ (Name of General Bidder) By_____________________________________________ (Name of Person Signing Bid and Title) _________________________________________ (Business Address) ______________________________________________ (City and State) Shared Use & Sidewalk Ramps Project Northampton, MA 2‐7 BID SHEET FOR BASE BID (RAMPS 10, 11 & 22, 23, 24 & 31, 32) Shared Use & Sidewalk Ramps Project in Northampton, MA Engineer’s Estimated Quantities noted herein are being set forth as a basis for the comparison of bids only. The actual amount of work may not correspond therewith. The City of Northampton expressly reserves the right to adjust said quantities in accordance with actual conditions as found to exist during the course of work. An increase or decrease in the quantity for any item shall not be regarded as cause for an increase or decrease in the contract unit prices, nor in the time allowed for the completion of the work, except as provided in the Contract. ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 000.00 99 (EXAMPLE ONLY) EXAMPLE ONLY Seventy five dollars and fifty cents (EXAMPLE ONLY) LINEAR FOOT $75.50 (EXAMPLE ONLY) $7474.50 (EXAMPLE ONLY) 102.51 3 INDIVIDUAL TREE PROTECTION EA 120.1 63 UNCLASSIFIED EXCAVATION CY 129.2 77 OLD PAVEMENT EXCAVATION SY 151 54 GRAVEL BORROW CY 170 260 FINE GRADING AND COMPACTING SY 181.1 7 HEALTH AND SAFETY PLAN LS/RAMP 181.2 7 IMPLEMENTATION OF HEALTH AND SAFETY PLAN HR Shared Use & Sidewalk Ramps Project Northampton, MA 2‐8 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 220 4 DRAINAGE STRUCTURE ADJUSTED EA 440 280 CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL LB 443 7 WATER FOR ROADWAY DUST CONTROL MGL 452 15 ASPHALT EMULSION FOR TACK COAT GAL 464.5 323 HOT POURED RUBBERIZED ASHPHALT SEALER FT 472 28 HOT MIX ASPHALT FOR MISCELLANEOUS WORK TON 482.3 323 SAWCUTTING ASPHALT PAVEMENT FT 482.4 55 SAWCUTTING PORTLAND CEMENT CONCRETE FT 506 116 GRANITE CURB TYPE VB ‐ STRAIGHT FT 506.1 41 GRANITE CURB TYPE VB ‐ CURVED FT 509 75 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ STRAIGHT FT Shared Use & Sidewalk Ramps Project Northampton, MA 2‐9 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 509.1 51 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ CURVED FT 511.1 0 GRANITE EDGING TYPE SA STRAIGHT LF 580 0 CURB REMOVED AND RESET FT 582 0 CURB CORNER REMOVED AND RESET EA 590 153 CURB REMOVED AND STACKED FT 592 0 CURB CORNER REMOVED AND STACKED EA 632.4 10 INDIVIDUAL POST REMOVED AND DISCARDED EA 657 690 TEMPORARY FENCE FT 697 308 SEDIMENTATION FENCE FT 697.1 7 SILT SACK EA 701 22 CEMENT CONCRETE SIDEWALK SY Shared Use & Sidewalk Ramps Project Northampton, MA 2‐10 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 701.2 109 CEMENT CONCRETE RAMP/DRIVEWAY/PATH SY 748 7 MOBILIZATION LS/EA RAMP 751 10 LOAM BORROW CY 752 10 LOAM REHANDLED AND SPREAD CY 765 46 SEEDING SY 832 162 WARNING REGULATORY SIGNS SF 841.3 17 SUPPORT FOR SIGN EA 850.31 2 PORTABLE BREAKWAY BARRICADES TYPE III EA 851.1 320 TRAFFIC CONES FOR TRAFFIC MANAGEMENT EA‐DAY 852 913 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF 854.1 441 PAVEMENT MARKING REMOVAL SF Shared Use & Sidewalk Ramps Project Northampton, MA 2‐11 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 859 320 REFLECTORIZED DRUM DRUM ‐ DAY 864.04 165 PAVEMENT ARROWS AND LEGENDS REFLECTORIZED WHITE (THERMOPLASTIC) SF 865.1 804 CROSS WALKS AND STOP LINES REFLECTORIZED WHITE (THERMOPLASTIC) SF 874.2 16 TRAFFIC SIGN REMOVED & RESET EA 999.003 112 TRUNCATED DOME TACTILE INDICATOR SF 999.1 112 TRAFFIC POLICE FIFTY‐ONE DOLLARS PER HOUR $51.00 $5712.00 999.3 7 CONSTRUCTION STAKINGS & SURVEY LS/RAMP 999.4 7 TEMPORARY ACCESSIBLE ROUTE LS/EA 999.5 47 CONCRETE COLD PLANE/GRIND SF Total: Shared Use & Sidewalk Ramps Project Northampton, MA 2‐12 BID SHEET FOR ALTERNATE 1 BID (RAMPS 12 & 13) Shared Use & Sidewalk Ramps Project in Northampton, MA Engineer’s Estimated Quantities noted herein are being set forth as a basis for the comparison of bids only. The actual amount of work may not correspond therewith. The City of Northampton expressly reserves the right to adjust said quantities in accordance with actual conditions as found to exist during the course of work. An increase or decrease in the quantity for any item shall not be regarded as cause for an increase or decrease in the contract unit prices, nor in the time allowed for the completion of the work, except as provided in the Contract. ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 000.00 99 (EXAMPLE ONLY) EXAMPLE ONLY Seventy five dollars and fifty cents (EXAMPLE ONLY) LINEAR FOOT $75.50 (EXAMPLE ONLY) $7474.50 (EXAMPLE ONLY) 102.51 1 INDIVIDUAL TREE PROTECTION EA 120.1 23 UNCLASSIFIED EXCAVATION CY 129.2 22 OLD PAVEMENT EXCAVATION SY 151 17 GRAVEL BORROW CY 170 96 FINE GRADING AND COMPACTING SY 181.1 2 HEALTH AND SAFETY PLAN LS/RAMP 181.2 2 IMPLEMENTATION OF HEALTH AND SAFETY PLAN HR Shared Use & Sidewalk Ramps Project Northampton, MA 2‐13 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 220 0 DRAINAGE STRUCTURE ADJUSTED EA 440 80 CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL LB 443 2 WATER FOR ROADWAY DUST CONTROL MGL 452 5 ASPHALT EMULSION FOR TACK COAT GAL 464.5 122 HOT POURED RUBBERIZED ASHPHALT SEALER FT 472 11 HOT MIX ASPHALT FOR MISCELLANEOUS WORK TON 482.3 122 SAWCUTTING ASPHALT PAVEMENT FT 482.4 0 SAWCUTTING PORTLAND CEMENT CONCRETE FT 506 24 GRANITE CURB TYPE VB ‐ STRAIGHT FT 506.1 25 GRANITE CURB TYPE VB ‐ CURVED FT 509 20 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ STRAIGHT FT Shared Use & Sidewalk Ramps Project Northampton, MA 2‐14 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 509.1 0 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ CURVED FT 511.1 0 GRANITE EDGING TYPE SA STRAIGHT LF 580 0 CURB REMOVED AND RESET FT 582 0 CURB CORNER REMOVED AND RESET EA 590 0 CURB REMOVED AND STACKED FT 592 0 CURB CORNER REMOVED AND STACKED EA 632.4 0 INDIVIDUAL POST REMOVED AND DISCARDED EA 657 180 TEMPORARY FENCE FT 697 160 SEDIMENTATION FENCE FT 697.1 1 SILT SACK EA 701 11 CEMENT CONCRETE SIDEWALK SY Shared Use & Sidewalk Ramps Project Northampton, MA 2‐15 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 701.2 40 CEMENT CONCRETE RAMP/DRIVEWAY/PATH SY 748 2 MOBILIZATION LS/RAMP 751 6 LOAM BORROW CY 752 7 LOAM REHANDLED AND SPREAD CY 765 37 SEEDING SY 832 71 WARNING REGULATORY SIGNS SF 841.3 6 SUPPORT FOR SIGN EA 850.31 2 PORTABLE BREAKWAY BARRICADES TYPE III EA 851.1 80 TRAFFIC CONES FOR TRAFFIC MANAGEMENT EA‐DAY 852 237 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF 854.1 136 PAVEMENT MARKING REMOVAL SF Shared Use & Sidewalk Ramps Project Northampton, MA 2‐16 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 859 80 REFLECTORIZED DRUM DRUM ‐ DAY 864.04 118 PAVEMENT ARROWS AND LEGENDS REFLECTORIZED WHITE (THERMOPLASTIC) SF 865.1 404 CROSS WALKS AND STOP LINES REFLECTORIZED WHITE (THERMOPLASTIC) SF 874.2 6 TRAFFIC SIGN REMOVED & RESET EA 999.003 70 TRUNCATED DOME TACTILE INDICATOR SF 999.1 32 TRAFFIC POLICE FIFTY‐ONE DOLLARS PER HOUR $51.00 $1632 999.3 2 CONSTRUCTION STAKINGS & SURVEY LS/RAMP 999.4 2 TEMPORARY ACCESSIBLE ROUTE LS/EA 999.5 0 CONCRETE COLD PLANE/GRIND SF Total: Shared Use & Sidewalk Ramps Project Northampton, MA 2‐17 BID SHEET FOR ALTERNATE 2 BID (RAMPS 25A & B) Shared Use & Sidewalk Ramps Project in Northampton, MA Engineer’s Estimated Quantities noted herein are being set forth as a basis for the comparison of bids only. The actual amount of work may not correspond therewith. The City of Northampton expressly reserves the right to adjust said quantities in accordance with actual conditions as found to exist during the course of work. An increase or decrease in the quantity for any item shall not be regarded as cause for an increase or decrease in the contract unit prices, nor in the time allowed for the completion of the work, except as provided in the Contract. ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 000.00 99 (EXAMPLE ONLY) EXAMPLE ONLY Seventy five dollars and fifty cents (EXAMPLE ONLY) LINEAR FOOT $75.50 (EXAMPLE ONLY) $7474.50 (EXAMPLE ONLY) 102.51 1 INDIVIDUAL TREE PROTECTION EA 120.1 8 UNCLASSIFIED EXCAVATION CY 129.2 8 OLD PAVEMENT EXCAVATION SY 151 6 GRAVEL BORROW CY 170 31 FINE GRADING AND COMPACTING SY 181.1 1 HEALTH AND SAFETY PLAN LS/RAMP 181.2 1 IMPLEMENTATION OF HEALTH AND SAFETY PLAN HR Shared Use & Sidewalk Ramps Project Northampton, MA 2‐18 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 220 0 DRAINAGE STRUCTURE ADJUSTED EA 440 40 CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL LB 443 1 WATER FOR ROADWAY DUST CONTROL MGL 452 2 ASPHALT EMULSION FOR TACK COAT GAL 464.5 53 HOT POURED RUBBERIZED ASHPHALT SEALER FT 472 2 HOT MIX ASPHALT FOR MISCELLANEOUS WORK TON 482.3 53 SAWCUTTING ASPHALT PAVEMENT FT 482.4 0 SAWCUTTING PORTLAND CEMENT CONCRETE FT 506 18 GRANITE CURB TYPE VB ‐ STRAIGHT FT 506.1 3 GRANITE CURB TYPE VB ‐ CURVED FT 509 0 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ STRAIGHT FT Shared Use & Sidewalk Ramps Project Northampton, MA 2‐19 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 509.1 0 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ CURVED FT 511.1 24 GRANITE EDGING TYPE SA STRAIGHT LF 580 0 CURB REMOVED AND RESET FT 582 0 CURB CORNER REMOVED AND RESET EA 590 32 CURB REMOVED AND STACKED FT 592 0 CURB CORNER REMOVED AND STACKED EA 632.4 0 INDIVIDUAL POST REMOVED AND DISCARDED EA 657 140 TEMPORARY FENCE FT 697 48 SEDIMENTATION FENCE FT 697.1 1 SILT SACK EA 701 0 CEMENT CONCRETE SIDEWALK SY Shared Use & Sidewalk Ramps Project Northampton, MA 2‐20 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 701.2 22 CEMENT CONCRETE RAMP/DRIVEWAY/PATH SY 748 1 MOBILIZATION LS/RAMP 751 1 LOAM BORROW CY 752 6 LOAM REHANDLED AND SPREAD CY 765 16 SEEDING SY 832 41 WARNING REGULATORY SIGNS SF 841.3 4 SUPPORT FOR SIGN EA 850.31 0 PORTABLE BREAKWAY BARRICADES TYPE III EA 851.1 280 TRAFFIC CONES FOR TRAFFIC MANAGEMENT EA‐DAY 852 162 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF 854.1 200 PAVEMENT MARKING REMOVAL SF Shared Use & Sidewalk Ramps Project Northampton, MA 2‐21 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 859 280 REFLECTORIZED DRUM DRUM ‐ DAY 864.04 11 PAVEMENT ARROWS AND LEGENDS REFLECTORIZED WHITE (THERMOPLASTIC) SF 865.1 354 CROSS WALKS AND STOP LINES REFLECTORIZED WHITE (THERMOPLASTIC) SF 874.2 4 TRAFFIC SIGN REMOVED & RESET EA 999.003 50 TRUNCATED DOME TACTILE INDICATOR SF 999.1 16 TRAFFIC POLICE FIFTY‐ONE DOLLARS PER HOUR $51.00 $816.00 999.3 1 CONSTRUCTION STAKINGS & SURVEY LS/RAMP 999.4 1 TEMPORARY ACCESSIBLE ROUTE LS/EA 999.5 0 CONCRETE COLD PLANE/GRIND SF Total: Shared Use & Sidewalk Ramps Project Northampton, MA 2‐22 BID SHEET FOR ALTERNATE 3 BID (RAMPS 28, 29, 30) Shared Use & Sidewalk Ramps Project in Northampton, MA Engineer’s Estimated Quantities noted herein are being set forth as a basis for the comparison of bids only. The actual amount of work may not correspond therewith. The City of Northampton expressly reserves the right to adjust said quantities in accordance with actual conditions as found to exist during the course of work. An increase or decrease in the quantity for any item shall not be regarded as cause for an increase or decrease in the contract unit prices, nor in the time allowed for the completion of the work, except as provided in the Contract. ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 000.00 99 (EXAMPLE ONLY) EXAMPLE ONLY Seventy five dollars and fifty cents (EXAMPLE ONLY) LINEAR FOOT $75.50 (EXAMPLE ONLY) $7474.50 (EXAMPLE ONLY) 102.51 1 INDIVIDUAL TREE PROTECTION EA 120.1 19 UNCLASSIFIED EXCAVATION CY 129.2 25 OLD PAVEMENT EXCAVATION SY 151 18 GRAVEL BORROW CY 170 72 FINE GRADING AND COMPACTING SY 181.1 3 HEALTH AND SAFETY PLAN LS/RAMP 181.2 3 IMPLEMENTATION OF HEALTH AND SAFETY PLAN HR Shared Use & Sidewalk Ramps Project Northampton, MA 2‐23 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 220 0 DRAINAGE STRUCTURE ADJUSTED EA 440 120 CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL LB 443 3 WATER FOR ROADWAY DUST CONTROL MGL 452 5 ASPHALT EMULSION FOR TACK COAT GAL 464.5 112 HOT POURED RUBBERIZED ASHPHALT SEALER FT 472 9 HOT MIX ASPHALT FOR MISCELLANEOUS WORK TON 482.3 112 SAWCUTTING ASPHALT PAVEMENT FT 482.4 5 SAWCUTTING PORTLAND CEMENT CONCRETE FT 506 79 GRANITE CURB TYPE VB ‐ STRAIGHT FT 506.1 33 GRANITE CURB TYPE VB ‐ CURVED FT 509 0 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ STRAIGHT FT Shared Use & Sidewalk Ramps Project Northampton, MA 2‐24 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 509.1 12 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ CURVED FT 511.1 0 GRANITE EDGING TYPE SA STRAIGHT LF 580 0 CURB REMOVED AND RESET FT 582 0 CURB CORNER REMOVED AND RESET EA 590 0 CURB REMOVED AND STACKED FT 592 0 CURB CORNER REMOVED AND STACKED EA 632.4 0 INDIVIDUAL POST REMOVED AND DISCARDED EA 657 410 TEMPORARY FENCE FT 697 126 SEDIMENTATION FENCE FT 697.1 4 SILT SACK EA 701 0 CEMENT CONCRETE SIDEWALK SY Shared Use & Sidewalk Ramps Project Northampton, MA 2‐25 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 701.2 29 CEMENT CONCRETE RAMP/DRIVEWAY/PATH SY 748 3 MOBILIZATION LS/RAMP 751 0 LOAM BORROW CY 752 14 LOAM REHANDLED AND SPREAD CY 765 40 SEEDING SY 832 77 WARNING REGULATORY SIGNS SF 841.3 9 SUPPORT FOR SIGN EA 850.31 0 PORTABLE BREAKWAY BARRICADES TYPE III EA 851.1 131 TRAFFIC CONES FOR TRAFFIC MANAGEMENT EA‐DAY 852 340 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF 854.1 179 PAVEMENT MARKING REMOVAL SF Shared Use & Sidewalk Ramps Project Northampton, MA 2‐26 ITEM NUMBER ENGINEER’S ESTIMATED QUANTITY ITEM DESCRIPTION BID UNIT PRICE WRITTEN IN WORDS PER UNIT BID UNIT PRICE IN NUMERALS TOTAL COST 859 131 REFLECTORIZED DRUM DRUM ‐ DAY 864.04 33 PAVEMENT ARROWS AND LEGENDS REFLECTORIZED WHITE (THERMOPLASTIC) SF 865.1 336 CROSS WALKS AND STOP LINES REFLECTORIZED WHITE (THERMOPLASTIC) SF 874.2 0 TRAFFIC SIGN REMOVED & RESET EA 999.003 48 TRUNCATED DOME TACTILE INDICATOR SF 999.1 48 TRAFFIC POLICE FIFTY‐ONE DOLLARS PER HOUR $51.00 $2448.00 999.3 3 CONSTRUCTION STAKINGS & SURVEY LS/RAMP 999.4 3 TEMPORARY ACCESSIBLE ROUTE LS/EA 999.5 0 CONCRETE COLD PLANE/GRIND SF Total: Shared Use & Sidewalk Ramps Project Northampton, MA 2‐27 CERTIFICATE OF NON‐COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this Certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. _______________________________________________ Name of person signing bid or proposal ______________________________________________________________ Name of business Shared Use & Sidewalk Ramps Project Northampton, MA 2‐28 COMPANY DATA FORM (1) If a partnership: Full names and residential addresses of all partners _______________________________ __________________________________ _______________________________ __________________________________ _______________________________ __________________________________ Business Address _____________________________________________________ Telephone ______________________ (2) If a Corporation: Full Legal Name ______________________________________________ State of Incorporation __________________________________________ Qualified in Massachusetts? Yes: ________ No: ________ Place of Business in Massachusetts _________________________________________________ Telephone ______________________ Shared Use & Sidewalk Ramps Project Northampton, MA 2‐29 STATE TAX FILING & VERIFICATION OF PAYMENT FORM Pursuant to M.G.L. Ch. 62C, sec. 49A. I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all State Tax Returns and paid all State Taxes required under law. *Signature of Individual or Corporate Name (Mandatory) By: Corporate Officer (Mandatory, if Applicable) **Social Security # (Voluntary) or Federal Identification Number Date *Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant. ** Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non‐filing or delinquency will not have a contract or other agreement issued, renewed, or extended. This request is made under the authority at Massachusetts G.L. c. 62c s. 49A. Shared Use & Sidewalk Ramps Project Northampton, MA 2‐30 STATEMENT OF BIDDER’S QUALIFICATIONS Submitted for: City of Northampton Cont. Title: Shared Use & Sidewalk Ramps Project 1. Name of Bidder: ____________________________________________________________________________ Address: ______________________________________________________________________________ Telephone: ______________________________________ FID No.: ______________________________________ E‐Mail: ______________________________________ 2. How many years has your organization been in business as a general contractor under your present business name? ___________________________ ; as a subcontractor? _________________________________ 3. Indicate the class or classes of work and the number of years your organization has experience in: Street Construction _____________ Utilities _____________ Highway Construction _____________ Heavy Utilities _____________ Park Construction _____________ Traffic Control Signals _____________ Landscaping _____________ Demolition _____________ 4. Is your organization pre‐qualified by any agencies? If so, please indicate below: Agency Class of Work Expiration Date __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Have you ever been on the DCAM or MassDOT List of Debarred Contractors? _____. If so, when and why. __________________________________________________________________________________________________ __________________________________________________________________________________________________ Shared Use & Sidewalk Ramps Project Northampton, MA 2‐31 __________________________________________________________________________________________________ __________________________________________________________________________________________________ 5. List the principal officers of the organization and their construction experience: Name Present Years of Magnitude Capacity During Position Construction (in Dollars) Said Experience Experience and Class (See Item 3) __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 6. Indicate the Project Manager (office) and the Superintendent (field) you intend to assign to this Project and their experience especially relative to this Project: Project Manager (Office): ___________________Name Yrs. Exp.: ______________________ Experience: __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Superintendent (Field): ______________________ Name Yrs. Exp.:_________________________ Experience: __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 7. List your major equipment available for this contract. __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 8. Have you ever done work under another name(s)? If so, please indicate prior name(s) and address(es): __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Shared Use & Sidewalk Ramps Project Northampton, MA 2‐32 9. Has any officer or partner of your Organization ever been an officer or partner of some other organization that failed to complete a contract? If so, state name of individual, other organization, reason therefore and bonding company: _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 10. Has any officer or partner of your organization ever failed to complete a contract handled in their own name? If so, state name of individual, name of owner, reason therefore and bonding company: 11. List below all the projects (limited to 5) similar in type and magnitude to this Project completed within the last 5 years in the state of Massachusetts along with the Owner's contact or representative Contract Class of When Location Name & Telephone Amount Work Completed Number of Owner or Representative __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 12. List below all the contracts you have on hand: Contract Class of When Location Name & Telephone Amount Work Completed Number of Owner or Representative __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 13. Have you ever failed to complete any work awarded to you? _____ If so, where and why?: __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Shared Use & Sidewalk Ramps Project Northampton, MA 2‐33 14. Did you complete your last three contracts per the original contract duration? __________ If not, why? __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 15. Have you ever been refused a bond whether by Bid or Performance? ___________ If so, why? __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 16. Indicate the bonding company(ies) and reference(s) you do business with for this type of work: Company Contact Telephone __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 17. What is your overall bonding capacity? _________________________ Based on work on hand what is your present bonding capability? __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 18. Indicate the bank(s) and associated loan officers your organization does business with: Bank Contact Telephone __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Shared Use & Sidewalk Ramps Project Northampton, MA 2‐34 19. Credit Available: _________________________________________________ 20. In what other lines of business are you financially interested? __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 21. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? _________________________________________________ 22. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated this ______________ day of ___________________ , 2018. _____________________________________ (Name of Bidder) State of ______________________________________ By ___________________________________________ County of ______________________________________ Title______________________________________ ______________________________________ being duly sworn, deposes and says that he Is ______________________________________ (Title) of ______________________________________ (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me on this ______________ day of ___________________ , 2018. NOTARY PUBLIC: ____________________________________ MY COMMISSION EXPIRES: ____________________________________ (Affix Notary Seal Here) Shared Use & Sidewalk Ramps Project Northampton, MA 3‐1 SECTION 3 – PREVAILING WAGE RATES (MA & FEDERAL) THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR STANDARDS As determined by the Director under the provisions of the Massachusetts General Laws, Chapter 149, Sections 26 to 27H EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT Prevailing Wage Rates CHARLES D. BAKER ROSALIN ACOSTA SecretaryGovernor MICHAEL FLANAGAN Northampton Ramps Project - Wheel chair ramp/curb cut installation project-Installation of +/-30 wheelchair sidewalk ramps in various location in the City. Interim Director Awarding Authority:City of Northampton City/Town:Contract Number:NORTHAMPTON Description of Work: Job Location:210 Main Street Northampton MA Wage Request Number: 20200131-005Issue Date:01/31/2020 Information about Prevailing Wage Schedules for Awarding Authorities and Contractors • This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the “Wage Request Number” on all pages of this schedule. • An Awarding Authority must request an updated wage schedule from the Department of Labor Standards (“DLS”) if it has not opened bids or selected a contractor within 90 days of the date of issuance of the wage schedule. For CM AT RISK projects (bid pursuant to G.L. c.149A), the earlier of: (a) the execution date of the GMP Amendment, or (b) the bid for the first construction scope of work must be within 90-days of the wage schedule issuance date. • The wage schedule shall be incorporated in any advertisement or call for bids for the project as required by M.G.L. c. 149, § 27. The wage schedule shall be made a part of the contract awarded for the project. The wage schedule must be posted in a conspicuous place at the work site for the life of the project in accordance with M.G.L. c. 149 § 27. The wages listed on the wage schedule must be paid to employees performing construction work on the project whether they are employed by the prime contractor, a filed sub-bidder, or any sub-contractor. • All apprentices working on the project are required to be registered with the Massachusetts Department of Labor Standards, Division of Apprentice Standards (DLS/DAS). Apprentice must keep his/her apprentice identification card on his/her person during all work hours on the project. An apprentice registered with DAS may be paid the lower apprentice wage rate at the applicable step as provided on the prevailing wage schedule. Any apprentice not registered with DLS/DAS regardless of whether or not they are registered with any other federal, state, local, or private agency must be paid the journeyworker's rate for the trade. • The wage rates will remain in effect for the duration of the project, except in the case of multi-year public construction projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule. Awarding authorities are required to request these updates no later than two weeks before the anniversary of the date the contract was executed by the awarding authority and the general contractor. For multi-year CM AT RISK projects, awarding authority must request an annual update no later than two weeks before the anniversary date, determined as the earlier of: (a) the execution date of the GMP Amendment, or (b) the execution date of the first amendment to permit procurement of construction services. Contractors are required to obtain the wage schedules from awarding authorities, and to pay no less than these rates to covered workers. The annual update requirement is not applicable to 27F “rental of equipment” contracts. • Every contractor or subcontractor which performs construction work on the project is required to submit weekly payroll reports and a Statement of Compliance directly to the awarding authority by mail or email and keep them on file for three years. Each weekly payroll report must contain: the employee’s name, address, occupational classification, hours worked, and wages paid. Do not submit weekly payroll reports to DLS. A sample of a payroll reporting form may be obtained at http://www.mass.gov/dols/pw. • Contractors with questions about the wage rates or classifications included on the wage schedule have an affirmative obligation to inquire with DLS at (617) 626-6953. • Employees not receiving the prevailing wage rate set forth on the wage schedule may report the violation to the Fair Labor Division of the office of the Attorney General at (617) 727-3465. • Failure of a contractor or subcontractor to pay the prevailing wage rates listed on the wage schedule to all employees who perform construction work on the project is a violation of the law and subjects the contractor or subcontractor to civil and criminal penalties. KARYN E. POLITO Lt. Governor Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date Construction (2 AXLE) DRIVER - EQUIPMENT TEAMSTERS JOINT COUNCIL NO. 10 ZONE B $60.38 12/01/2019 $12.41 $0.00 $34.25 $13.72 $61.28 06/01/2020 $12.41 $0.00 $35.15 $13.72 $61.78 08/01/2020 $12.91 $0.00 $35.15 $13.72 $62.88 12/01/2020 $12.91 $0.00 $35.15 $14.82 $63.68 06/01/2021 $12.91 $0.00 $35.95 $14.82 $64.18 08/01/2021 $13.41 $0.00 $35.95 $14.82 $65.37 12/01/2021 $13.41 $0.00 $35.95 $16.01 (3 AXLE) DRIVER - EQUIPMENT TEAMSTERS JOINT COUNCIL NO. 10 ZONE B $60.45 12/01/2019 $12.41 $0.00 $34.32 $13.72 $61.35 06/01/2020 $12.41 $0.00 $35.22 $13.72 $61.85 08/01/2020 $12.91 $0.00 $35.22 $13.72 $62.95 12/01/2020 $12.91 $0.00 $35.22 $14.82 $63.75 06/01/2021 $12.91 $0.00 $36.02 $14.82 $64.25 08/01/2021 $13.41 $0.00 $36.02 $14.82 $65.44 12/01/2021 $13.41 $0.00 $36.02 $16.01 (4 & 5 AXLE) DRIVER - EQUIPMENT TEAMSTERS JOINT COUNCIL NO. 10 ZONE B $60.57 12/01/2019 $12.41 $0.00 $34.44 $13.72 $61.47 06/01/2020 $12.41 $0.00 $35.34 $13.72 $61.97 08/01/2020 $12.91 $0.00 $35.34 $13.72 $63.07 12/01/2020 $12.91 $0.00 $35.34 $14.82 $63.87 06/01/2021 $12.91 $0.00 $36.14 $14.82 $64.37 08/01/2021 $13.41 $0.00 $36.14 $14.82 $65.56 12/01/2021 $13.41 $0.00 $36.14 $16.01 ADS/SUBMERSIBLE PILOT PILE DRIVER LOCAL 56 (ZONE 3) $133.83 08/01/2019 $9.90 $0.00 $102.78 $21.15 For apprentice rates see "Apprentice- PILE DRIVER" AIR TRACK OPERATOR LABORERS - ZONE 3 (BUILDING & SITE) $55.13 12/02/2019 $8.10 $0.00 $32.25 $14.78 For apprentice rates see "Apprentice- LABORER" AIR TRACK OPERATOR (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $53.07 12/01/2019 $8.10 $0.00 $32.25 $12.72 $53.88 06/01/2020 $8.10 $0.00 $33.06 $12.72 $54.69 12/01/2020 $8.10 $0.00 $33.87 $12.72 $55.53 06/01/2021 $8.10 $0.00 $34.71 $12.72 $56.36 12/01/2021 $8.10 $0.00 $35.54 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) ASBESTOS WORKER (PIPES & TANKS) HEAT & FROST INSULATORS LOCAL 6 (SPRINGFIELD) $54.15 12/01/2019 $12.50 $0.00 $33.30 $8.35 $55.05 06/01/2020 $12.50 $0.00 $34.20 $8.35 $55.95 12/01/2020 $12.50 $0.00 $35.10 $8.35 ASPHALT RAKER LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" ASPHALT RAKER (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $52.57 12/01/2019 $8.10 $0.00 $31.75 $12.72 $53.38 06/01/2020 $8.10 $0.00 $32.56 $12.72 $54.19 12/01/2020 $8.10 $0.00 $33.37 $12.72 $55.03 06/01/2021 $8.10 $0.00 $34.21 $12.72 $55.86 12/01/2021 $8.10 $0.00 $35.04 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) Issue Date:Wage Request Number:01/31/2020 Page 2 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date AUTOMATIC GRADER-EXCAVATOR (RECLAIMER) OPERATING ENGINEERS LOCAL 98 $61.69 12/01/2019 $11.94 $0.00 $35.40 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" BACKHOE/FRONT-END LOADER OPERATOR OPERATING ENGINEERS LOCAL 98 $61.69 12/01/2019 $11.94 $0.00 $35.40 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" BARCO-TYPE JUMPING TAMPER LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" BATCH/CEMENT PLANT - ON SITE OPERATING ENGINEERS LOCAL 98 $61.16 12/01/2019 $11.94 $0.00 $34.87 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" BLOCK PAVER, RAMMER / CURB SETTER LABORERS - ZONE 3 (BUILDING & SITE) $55.13 12/02/2019 $8.10 $0.00 $32.25 $14.78 For apprentice rates see "Apprentice- LABORER" BLOCK PAVER, RAMMER / CURB SETTER (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $53.07 12/01/2019 $8.10 $0.00 $32.25 $12.72 $53.88 06/01/2020 $8.10 $0.00 $33.06 $12.72 $54.69 12/01/2020 $8.10 $0.00 $33.87 $12.72 $55.53 06/01/2021 $8.10 $0.00 $34.71 $12.72 $56.36 12/01/2021 $8.10 $0.00 $35.54 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) BOILER MAKER BOILERMAKERS LOCAL 29 $71.15 01/01/2020 $7.07 $0.00 $46.10 $17.98 BOILERMAKER - Local 29Apprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $29.97 $7.07 $11.69 $0.00 $48.73 65 2 $29.97 $7.07 $11.69 $0.00 $48.73 65 3 $32.27 $7.07 $12.59 $0.00 $51.93 70 4 $34.58 $7.07 $13.49 $0.00 $55.14 75 5 $36.88 $7.07 $14.38 $0.00 $58.33 80 6 $39.19 $7.07 $15.29 $0.00 $61.55 85 7 $41.49 $7.07 $16.18 $0.00 $64.74 90 8 $43.80 $7.07 $17.09 $0.00 $67.96 95 Notes: Apprentice to Journeyworker Ratio:1:4 BRICK/STONE/ARTIFICIAL MASONRY (INCL. MASONRY WATERPROOFING) BRICKLAYERS LOCAL 3 (SPRINGFIELD/PITTSFIELD) $72.97 08/01/2019 $10.75 $0.00 $42.81 $19.41 $73.52 02/01/2020 $10.75 $0.00 $42.81 $19.96 $75.02 08/01/2020 $10.75 $0.00 $44.16 $20.11 $75.57 02/01/2021 $10.75 $0.00 $44.71 $20.11 $77.13 08/01/2021 $10.75 $0.00 $46.11 $20.27 $77.66 02/01/2022 $10.75 $0.00 $46.64 $20.27 Issue Date:Wage Request Number:01/31/2020 Page 3 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date BRICK/PLASTER/CEMENT MASON - Local 3 Springfield/PittsfieldApprentice - 08/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $21.41 $10.75 $19.41 $0.00 $51.57 50 2 $25.69 $10.75 $19.41 $0.00 $55.85 60 3 $29.97 $10.75 $19.41 $0.00 $60.13 70 4 $34.25 $10.75 $19.41 $0.00 $64.41 80 5 $38.53 $10.75 $19.41 $0.00 $68.69 90 02/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $21.41 $10.75 $19.96 $0.00 $52.12 50 2 $25.69 $10.75 $19.96 $0.00 $56.40 60 3 $29.97 $10.75 $19.96 $0.00 $60.68 70 4 $34.25 $10.75 $19.96 $0.00 $64.96 80 5 $38.53 $10.75 $19.96 $0.00 $69.24 90 Notes: Apprentice to Journeyworker Ratio:1:5 BULLDOZER/POWER SHOVEL/TREE SHREDDER /CLAM SHELL OPERATING ENGINEERS LOCAL 98 $61.69 12/01/2019 $11.94 $0.00 $35.40 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" CAISSON & UNDERPINNING BOTTOM MAN LABORERS - FOUNDATION AND MARINE $65.15 12/01/2019 $8.10 $0.00 $40.25 $16.80 $66.14 06/01/2020 $8.10 $0.00 $41.24 $16.80 $67.12 12/01/2020 $8.10 $0.00 $42.22 $16.80 $68.14 06/01/2021 $8.10 $0.00 $43.24 $16.80 $69.15 12/01/2021 $8.10 $0.00 $44.25 $16.80 For apprentice rates see "Apprentice- LABORER" CAISSON & UNDERPINNING LABORER LABORERS - FOUNDATION AND MARINE $64.00 12/01/2019 $8.10 $0.00 $39.10 $16.80 $64.99 06/01/2020 $8.10 $0.00 $40.09 $16.80 $65.97 12/01/2020 $8.10 $0.00 $41.07 $16.80 $66.99 06/01/2021 $8.10 $0.00 $42.09 $16.80 $68.00 12/01/2021 $8.10 $0.00 $43.10 $16.80 For apprentice rates see "Apprentice- LABORER" CAISSON & UNDERPINNING TOP MAN LABORERS - FOUNDATION AND MARINE $64.00 12/01/2019 $8.10 $0.00 $39.10 $16.80 $64.99 06/01/2020 $8.10 $0.00 $40.09 $16.80 $65.97 12/01/2020 $8.10 $0.00 $41.07 $16.80 $66.99 06/01/2021 $8.10 $0.00 $42.09 $16.80 $68.00 12/01/2021 $8.10 $0.00 $43.10 $16.80 For apprentice rates see "Apprentice- LABORER" CARBIDE CORE DRILL OPERATOR LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" Issue Date:Wage Request Number:01/31/2020 Page 4 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date CARPENTER CARPENTERS LOCAL 336 - HAMPDEN HAMPSHIRE FRANKLIN $62.25 09/02/2019 $7.84 $0.00 $37.54 $16.87 $62.75 03/01/2020 $7.84 $0.00 $38.04 $16.87 $63.25 09/01/2020 $7.84 $0.00 $38.54 $16.87 $63.75 03/01/2021 $7.84 $0.00 $39.04 $16.87 $64.25 09/01/2021 $7.84 $0.00 $39.54 $16.87 $64.75 03/01/2022 $7.84 $0.00 $40.04 $16.87 $65.25 09/01/2022 $7.84 $0.00 $40.54 $16.87 $65.75 03/01/2023 $7.84 $0.00 $41.04 $16.87 CARPENTER - Local 336 Hampden Hampshire FranklinApprentice - 09/02/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $18.77 $7.84 $1.32 $0.00 $27.93 50 2 $22.52 $7.84 $1.32 $0.00 $31.68 60 3 $26.28 $7.84 $12.91 $0.00 $47.03 70 4 $28.16 $7.84 $12.91 $0.00 $48.91 75 5 $30.03 $7.84 $14.23 $0.00 $52.10 80 6 $30.03 $7.84 $14.23 $0.00 $52.10 80 7 $33.79 $7.84 $15.55 $0.00 $57.18 90 8 $33.79 $7.84 $15.55 $0.00 $57.18 90 03/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $19.02 $7.84 $1.32 $0.00 $28.18 50 2 $22.82 $7.84 $1.32 $0.00 $31.98 60 3 $26.63 $7.84 $12.91 $0.00 $47.38 70 4 $28.53 $7.84 $12.91 $0.00 $49.28 75 5 $30.43 $7.84 $14.23 $0.00 $52.50 80 6 $30.43 $7.84 $14.23 $0.00 $52.50 80 7 $34.24 $7.84 $15.55 $0.00 $57.63 90 8 $34.24 $7.84 $15.55 $0.00 $57.63 90 Notes: % Indentured After 10/1/17; 45/45/55/55/70/70/80/80 Step 1&2 $26.05/ 3&4 $31.09/ 5&6 $48.35/ 7&8 $53.42 Apprentice to Journeyworker Ratio:1:5 CARPENTER WOOD FRAME CARPENTERS LOCAL 336 - HAMPDEN HAMPSHIRE FRANKLIN $38.42 10/01/2019 $7.07 $0.00 $23.49 $7.86 All Aspects of New Wood Frame Work Issue Date:Wage Request Number:01/31/2020 Page 5 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date CARPENTER (Wood Frame) - 336 Hampden HampshireApprentice - 10/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $14.09 $7.07 $0.00 $0.00 $21.16 60 2 $14.09 $7.07 $0.00 $0.00 $21.16 60 3 $15.27 $7.07 $7.86 $0.00 $30.20 65 4 $16.44 $7.07 $7.86 $0.00 $31.37 70 5 $17.62 $7.07 $7.86 $0.00 $32.55 75 6 $18.79 $7.07 $7.86 $0.00 $33.72 80 7 $19.97 $7.07 $7.86 $0.00 $34.90 85 8 $21.14 $7.07 $7.86 $0.00 $36.07 90 Notes: % Indentured After 10/1/17; 45/45/55/55/70/70/80/80 Step 1&2 $17.64/ 3&4 $24.74/ 5&6 $31.37/ 7&8 $33.72 Apprentice to Journeyworker Ratio:1:5 CEMENT MASONRY/PLASTERING BRICKLAYERS LOCAL 3 (SPRINGFIELD/PITTSFIELD) $72.90 01/01/2020 $12.70 $0.62 $41.94 $17.64 CEMENT MASONRY/PLASTERING - Springfield/PittsfieldApprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $20.97 $12.70 $15.41 $0.00 $49.08 50 2 $25.16 $12.70 $17.64 $0.62 $56.12 60 3 $27.26 $12.70 $17.64 $0.62 $58.22 65 4 $29.36 $12.70 $17.64 $0.62 $60.32 70 5 $31.46 $12.70 $17.64 $0.62 $62.42 75 6 $33.55 $12.70 $17.64 $0.62 $64.51 80 7 $37.75 $12.70 $17.64 $0.62 $68.71 90 Notes: Steps 3,4 are 500 hrs. All other steps are 1,000 hrs. Apprentice to Journeyworker Ratio:1:3 CHAIN SAW OPERATOR LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" COMPRESSOR OPERATOR OPERATING ENGINEERS LOCAL 98 $61.16 12/01/2019 $11.94 $0.00 $34.87 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" CRANE OPERATOR OPERATING ENGINEERS LOCAL 98 $65.19 12/01/2019 $11.94 $0.00 $38.90 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" DELEADER (BRIDGE) PAINTERS LOCAL 35 - ZONE 3 $81.26 01/01/2020 $8.20 $0.00 $50.96 $22.10 $82.36 07/01/2020 $8.20 $0.00 $52.06 $22.10 $83.46 01/01/2021 $8.20 $0.00 $53.16 $22.10 Issue Date:Wage Request Number:01/31/2020 Page 6 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PAINTER Local 35 - BRIDGES/TANKSApprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $25.48 $8.20 $0.00 $0.00 $33.68 50 2 $28.03 $8.20 $5.94 $0.00 $42.17 55 3 $30.58 $8.20 $6.48 $0.00 $45.26 60 4 $33.12 $8.20 $7.02 $0.00 $48.34 65 5 $35.67 $8.20 $18.86 $0.00 $62.73 70 6 $38.22 $8.20 $19.40 $0.00 $65.82 75 7 $40.77 $8.20 $19.94 $0.00 $68.91 80 8 $45.86 $8.20 $21.02 $0.00 $75.08 90 07/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $26.03 $8.20 $0.00 $0.00 $34.23 50 2 $28.63 $8.20 $5.94 $0.00 $42.77 55 3 $31.24 $8.20 $6.48 $0.00 $45.92 60 4 $33.84 $8.20 $7.02 $0.00 $49.06 65 5 $36.44 $8.20 $18.86 $0.00 $63.50 70 6 $39.05 $8.20 $19.40 $0.00 $66.65 75 7 $41.65 $8.20 $19.94 $0.00 $69.79 80 8 $46.85 $8.20 $21.02 $0.00 $76.07 90 Notes: Steps are 750 hrs. Apprentice to Journeyworker Ratio:1:1 DEMO: ADZEMAN LABORERS - ZONE 3 (BUILDING & SITE) $64.00 12/01/2019 $8.10 $0.00 $39.30 $16.60 For apprentice rates see "Apprentice- LABORER" DEMO: BACKHOE/LOADER/HAMMER OPERATOR LABORERS - ZONE 3 (BUILDING & SITE) $65.00 12/01/2019 $8.10 $0.00 $40.30 $16.60 For apprentice rates see "Apprentice- LABORER" DEMO: BURNERS LABORERS - ZONE 3 (BUILDING & SITE) $64.75 12/01/2019 $8.10 $0.00 $40.05 $16.60 For apprentice rates see "Apprentice- LABORER" DEMO: CONCRETE CUTTER/SAWYER LABORERS - ZONE 3 (BUILDING & SITE) $65.00 12/01/2019 $8.10 $0.00 $40.30 $16.60 For apprentice rates see "Apprentice- LABORER" DEMO: JACKHAMMER OPERATOR LABORERS - ZONE 3 (BUILDING & SITE) $64.75 12/01/2019 $8.10 $0.00 $40.05 $16.60 For apprentice rates see "Apprentice- LABORER" DEMO: WRECKING LABORER LABORERS - ZONE 3 (BUILDING & SITE) $64.00 12/01/2019 $8.10 $0.00 $39.30 $16.60 For apprentice rates see "Apprentice- LABORER" DIVER PILE DRIVER LOCAL 56 (ZONE 3) $99.57 08/01/2019 $9.90 $0.00 $68.52 $21.15 Issue Date:Wage Request Number:01/31/2020 Page 7 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date For apprentice rates see "Apprentice- PILE DRIVER" DIVER TENDER PILE DRIVER LOCAL 56 (ZONE 3) $79.99 08/01/2019 $9.90 $0.00 $48.94 $21.15 For apprentice rates see "Apprentice- PILE DRIVER" DIVER TENDER (EFFLUENT) PILE DRIVER LOCAL 56 (ZONE 3) $104.46 08/01/2019 $9.90 $0.00 $73.41 $21.15 For apprentice rates see "Apprentice- PILE DRIVER" DIVER/SLURRY (EFFLUENT) PILE DRIVER LOCAL 56 (ZONE 3) $133.83 08/01/2019 $9.90 $0.00 $102.78 $21.15 For apprentice rates see "Apprentice- PILE DRIVER" ELECTRICIAN (Including Core Drilling) ELECTRICIANS LOCAL 7 $67.01 12/29/2019 $11.00 $0.00 $43.41 $12.60 ELECTRICIAN - Local 7Apprentice - 12/29/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $17.36 $6.00 $0.52 $0.00 $23.88 40 2 $19.53 $6.00 $0.59 $0.00 $26.12 45 3 $21.71 $11.00 $6.95 $0.00 $39.66 50 4 $23.88 $11.00 $7.02 $0.00 $41.90 55 5 $28.22 $11.00 $8.15 $0.00 $47.37 65 6 $30.39 $11.00 $9.21 $0.00 $50.60 70 Notes: Steps 1-2 are 1000 hrs; Steps 3-6 are 1500 hrs. Apprentice to Journeyworker Ratio:2:3**** ELEVATOR CONSTRUCTOR ELEVATOR CONSTRUCTORS LOCAL 41 $88.99 01/01/2020 $15.73 $0.00 $54.85 $18.41 $91.88 01/01/2021 $15.88 $0.00 $56.69 $19.31 $94.86 01/01/2022 $16.03 $0.00 $58.62 $20.21 Issue Date:Wage Request Number:01/31/2020 Page 8 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date ELEVATOR CONSTRUCTOR - Local 41Apprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $27.43 $15.73 $0.00 $0.00 $43.16 50 2 $30.17 $15.73 $18.41 $0.00 $64.31 55 3 $35.65 $15.73 $18.41 $0.00 $69.79 65 4 $38.40 $15.73 $18.41 $0.00 $72.54 70 5 $43.88 $15.73 $18.41 $0.00 $78.02 80 01/01/2021 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $28.35 $15.88 $0.00 $0.00 $44.23 50 2 $31.18 $15.88 $19.31 $0.00 $66.37 55 3 $36.85 $15.88 $19.31 $0.00 $72.04 65 4 $39.68 $15.88 $19.31 $0.00 $74.87 70 5 $45.35 $15.88 $19.31 $0.00 $80.54 80 Notes: Steps 1-2 are 6 mos.; Steps 3-5 are 1 year Apprentice to Journeyworker Ratio:1:1 ELEVATOR CONSTRUCTOR HELPER ELEVATOR CONSTRUCTORS LOCAL 41 $72.54 01/01/2020 $15.73 $0.00 $38.40 $18.41 $74.87 01/01/2021 $15.88 $0.00 $39.68 $19.31 $77.27 01/01/2022 $16.03 $0.00 $41.03 $20.21 For apprentice rates see "Apprentice - ELEVATOR CONSTRUCTOR" FENCE & GUARD RAIL ERECTOR (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $52.57 12/01/2019 $8.10 $0.00 $31.75 $12.72 $53.38 06/01/2020 $8.10 $0.00 $32.56 $12.72 $54.19 12/01/2020 $8.10 $0.00 $33.37 $12.72 $55.03 06/01/2021 $8.10 $0.00 $34.21 $12.72 $55.86 12/01/2021 $8.10 $0.00 $35.04 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) FIELD ENG.INST/ROD-BLDG,SITE,HVY/HWY OPERATING ENGINEERS LOCAL 98 $27.74 06/01/1999 $4.80 $0.00 $18.84 $4.10 FIELD ENG.PARTY CHIEF:BLDG,SITE,HVY/HWY OPERATING ENGINEERS LOCAL 98 $30.23 06/01/1999 $4.80 $0.00 $21.33 $4.10 FIELD ENG.SURVEY CHIEF-BLDG,SITE,HVY/HWY OPERATING ENGINEERS LOCAL 98 $31.23 06/01/1999 $4.80 $0.00 $22.33 $4.10 FIRE ALARM INSTALLER ELECTRICIANS LOCAL 7 $67.01 12/29/2019 $11.00 $0.00 $43.41 $12.60 For apprentice rates see "Apprentice- ELECTRICIAN" FIRE ALARM REPAIR / MAINTENANCE / COMMISSIONING ELECTRICIANS LOCAL 7 $67.01 12/29/2019 $11.00 $0.00 $43.41 $12.60 For apprentice rates see "Apprentice- TELECOMMUNICATIONS TECHNICIAN" FIREMAN OPERATING ENGINEERS LOCAL 98 $61.16 12/01/2019 $11.94 $0.00 $34.87 $14.35 Issue Date:Wage Request Number:01/31/2020 Page 9 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date OPERATING ENGINEERS - Local 98 Class 3Apprentice - 12/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $20.92 $11.94 $14.35 $0.00 $47.21 60 2 $24.41 $11.94 $14.35 $0.00 $50.70 70 3 $27.90 $11.94 $14.35 $0.00 $54.19 80 4 $31.38 $11.94 $14.35 $0.00 $57.67 90 Notes: Steps 1-2 are 1000 hrs.; Steps 3-4 are 2000 hrs. Apprentice to Journeyworker Ratio:1:6 FLAGGER & SIGNALER (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $44.32 12/01/2019 $8.10 $0.00 $23.50 $12.72 $44.32 06/01/2020 $8.10 $0.00 $23.50 $12.72 $45.32 12/01/2020 $8.10 $0.00 $24.50 $12.72 $45.32 06/01/2021 $8.10 $0.00 $24.50 $12.72 $45.32 12/01/2021 $8.10 $0.00 $24.50 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) FLOORCOVERER FLOORCOVERERS LOCAL 2168 ZONE III $62.15 09/01/2019 $7.84 $0.00 $37.44 $16.87 FLOORCOVERER - Local 2168 Zone IIIApprentice - 09/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $18.72 $7.84 $1.32 $0.00 $27.88 50 2 $20.59 $7.84 $1.32 $0.00 $29.75 55 3 $22.46 $7.84 $12.91 $0.00 $43.21 60 4 $24.34 $7.84 $12.91 $0.00 $45.09 65 5 $26.21 $7.84 $14.23 $0.00 $48.28 70 6 $28.08 $7.84 $14.23 $0.00 $50.15 75 7 $29.95 $7.84 $15.55 $0.00 $53.34 80 8 $31.82 $7.84 $15.55 $0.00 $55.21 85 Notes: Steps are 750 hrs. % After 09/1/17; 45/45/55/55/70/70/80/80 (1500hr Steps) Step 1&2 $26.01/ 3&4 $31.03/ 5&6 $48.28/ 7&8 $53.34 Apprentice to Journeyworker Ratio:1:1 FORK LIFT OPERATING ENGINEERS LOCAL 98 $61.38 12/01/2019 $11.94 $0.00 $35.09 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" GENERATORS/LIGHTING PLANTS OPERATING ENGINEERS LOCAL 98 $57.93 12/01/2019 $11.94 $0.00 $31.64 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" GLAZIER (GLASS PLANK/AIR BARRIER/INTERIOR SYSTEMS) GLAZIERS LOCAL 1333 $58.68 06/01/2019 $10.60 $0.00 $38.18 $9.90 $60.43 06/01/2020 $10.80 $0.00 $39.18 $10.45 Issue Date:Wage Request Number:01/31/2020 Page 10 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date GLAZIER - Local 1333Apprentice - 06/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $19.09 $10.60 $1.80 $0.00 $31.49 50 2 $21.48 $10.60 $1.80 $0.00 $33.88 56 3 $23.86 $10.60 $2.40 $0.00 $36.86 63 4 $26.25 $10.60 $2.40 $0.00 $39.25 69 5 $28.64 $10.60 $2.90 $0.00 $42.14 75 6 $31.02 $10.60 $2.90 $0.00 $44.52 81 7 $33.41 $10.60 $9.90 $0.00 $53.91 88 8 $35.79 $10.60 $9.90 $0.00 $56.29 94 06/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $19.59 $10.80 $1.80 $0.00 $32.19 50 2 $22.04 $10.80 $1.80 $0.00 $34.64 56 3 $24.49 $10.80 $2.45 $0.00 $37.74 63 4 $26.94 $10.80 $2.45 $0.00 $40.19 69 5 $29.39 $10.80 $3.15 $0.00 $43.34 75 6 $31.83 $10.80 $3.15 $0.00 $45.78 81 7 $34.28 $10.80 $10.45 $0.00 $55.53 88 8 $36.73 $10.80 $10.45 $0.00 $57.98 94 Notes: Apprentice to Journeyworker Ratio:1:3 GRADER/TRENCHING MACHINE/DERRICK OPERATING ENGINEERS LOCAL 98 $61.69 12/01/2019 $11.94 $0.00 $35.40 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" HVAC (DUCTWORK) SHEETMETAL WORKERS LOCAL 63 $65.62 01/01/2020 $10.64 $1.77 $36.99 $16.22 For apprentice rates see "Apprentice- SHEET METAL WORKER" HVAC (ELECTRICAL CONTROLS) ELECTRICIANS LOCAL 7 $67.01 12/29/2019 $11.00 $0.00 $43.41 $12.60 For apprentice rates see "Apprentice- ELECTRICIAN" HVAC (TESTING AND BALANCING - AIR) SHEETMETAL WORKERS LOCAL 63 $65.62 01/01/2020 $10.64 $1.77 $36.99 $16.22 For apprentice rates see "Apprentice- SHEET METAL WORKER" Issue Date:Wage Request Number:01/31/2020 Page 11 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date HVAC (TESTING AND BALANCING -WATER) PLUMBERS & PIPEFITTERS LOCAL 104 $66.31 09/17/2019 $8.75 $0.00 $41.21 $16.35 $67.31 03/17/2020 $8.75 $0.00 $42.21 $16.35 $68.31 09/17/2020 $8.75 $0.00 $43.21 $16.35 $69.31 03/17/2021 $8.75 $0.00 $44.21 $16.35 $70.31 09/17/2021 $8.75 $0.00 $45.21 $16.35 $71.56 03/17/2022 $8.75 $0.00 $46.46 $16.35 $72.56 09/17/2022 $8.75 $0.00 $47.46 $16.35 $73.81 03/17/2023 $8.75 $0.00 $48.71 $16.35 $74.81 09/17/2023 $8.75 $0.00 $49.71 $16.35 $76.06 03/17/2024 $8.75 $0.00 $50.96 $16.35 For apprentice rates see "Apprentice- PIPEFITTER" or "PLUMBER/PIPEFITTER" HVAC MECHANIC PLUMBERS & PIPEFITTERS LOCAL 104 $66.31 09/17/2019 $8.75 $0.00 $41.21 $16.35 $67.31 03/17/2020 $8.75 $0.00 $42.21 $16.35 $68.31 09/17/2020 $8.75 $0.00 $43.21 $16.35 $69.31 03/17/2021 $8.75 $0.00 $44.21 $16.35 $70.31 09/17/2021 $8.75 $0.00 $45.21 $16.35 $71.56 03/17/2022 $8.75 $0.00 $46.46 $16.35 $72.56 09/17/2022 $8.75 $0.00 $47.46 $16.35 $73.81 03/17/2023 $8.75 $0.00 $48.71 $16.35 $74.81 09/17/2023 $8.75 $0.00 $49.71 $16.35 $76.06 03/17/2024 $8.75 $0.00 $50.96 $16.35 For apprentice rates see "Apprentice- PIPEFITTER" or "PLUMBER/PIPEFITTER" HYDRAULIC DRILLS (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $53.07 12/01/2019 $8.10 $0.00 $32.25 $12.72 $53.88 06/01/2020 $8.10 $0.00 $33.06 $12.72 $54.69 12/01/2020 $8.10 $0.00 $33.87 $12.72 $55.53 06/01/2021 $8.10 $0.00 $34.71 $12.72 $56.36 12/01/2021 $8.10 $0.00 $35.54 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) INSULATOR (PIPES & TANKS) HEAT & FROST INSULATORS LOCAL 6 (SPRINGFIELD) $67.95 09/01/2019 $12.80 $0.00 $38.75 $16.40 ASBESTOS INSULATOR (Pipes & Tanks) - Local 6 SpringfieldApprentice - 09/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $19.38 $12.80 $11.90 $0.00 $44.08 50 2 $23.25 $12.80 $12.80 $0.00 $48.85 60 3 $27.13 $12.80 $13.70 $0.00 $53.63 70 4 $31.00 $12.80 $14.60 $0.00 $58.40 80 Notes: Steps are 1 year Apprentice to Journeyworker Ratio:1:4 Issue Date:Wage Request Number:01/31/2020 Page 12 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date IRONWORKER/WELDER IRONWORKERS LOCAL 7 (SPRINGFIELD AREA) $63.85 09/16/2019 $8.00 $0.00 $35.10 $20.75 $64.70 03/16/2020 $8.00 $0.00 $35.95 $20.75 $65.60 09/16/2020 $8.00 $0.00 $36.85 $20.75 $66.45 03/16/2021 $8.00 $0.00 $37.70 $20.75 IRONWORKER - Local 7 SpringfieldApprentice - 09/16/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $21.06 $8.00 $20.75 $0.00 $49.81 60 2 $24.57 $8.00 $20.75 $0.00 $53.32 70 3 $26.33 $8.00 $20.75 $0.00 $55.08 75 4 $28.08 $8.00 $20.75 $0.00 $56.83 80 5 $29.84 $8.00 $20.75 $0.00 $58.59 85 6 $31.59 $8.00 $20.75 $0.00 $60.34 90 03/16/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $21.57 $8.00 $20.75 $0.00 $50.32 60 2 $25.17 $8.00 $20.75 $0.00 $53.92 70 3 $26.96 $8.00 $20.75 $0.00 $55.71 75 4 $28.76 $8.00 $20.75 $0.00 $57.51 80 5 $30.56 $8.00 $20.75 $0.00 $59.31 85 6 $32.36 $8.00 $20.75 $0.00 $61.11 90 Notes: Structural 1:6; Ornamental 1:4 Apprentice to Journeyworker Ratio: JACKHAMMER & PAVING BREAKER OPERATOR LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" LABORER LABORERS - ZONE 3 (BUILDING & SITE) $54.38 12/02/2019 $8.10 $0.00 $31.50 $14.78 LABORER - Zone 3 Building & SiteApprentice - 12/02/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $18.90 $8.10 $14.78 $0.00 $41.78 60 2 $22.05 $8.10 $14.78 $0.00 $44.93 70 3 $25.20 $8.10 $14.78 $0.00 $48.08 80 4 $28.35 $8.10 $14.78 $0.00 $51.23 90 Notes: Apprentice to Journeyworker Ratio:1:5 Issue Date:Wage Request Number:01/31/2020 Page 13 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date LABORER (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $52.32 12/01/2019 $8.10 $0.00 $31.50 $12.72 $53.13 06/01/2020 $8.10 $0.00 $32.31 $12.72 $53.94 12/01/2020 $8.10 $0.00 $33.12 $12.72 $54.78 06/01/2021 $8.10 $0.00 $33.96 $12.72 $55.61 12/01/2021 $8.10 $0.00 $34.79 $12.72 LABORER (Heavy & Highway) - Zone 3Apprentice - 12/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $18.90 $8.10 $12.72 $0.00 $39.72 60 2 $22.05 $8.10 $12.72 $0.00 $42.87 70 3 $25.20 $8.10 $12.72 $0.00 $46.02 80 4 $28.35 $8.10 $12.72 $0.00 $49.17 90 06/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $19.39 $8.10 $12.72 $0.00 $40.21 60 2 $22.62 $8.10 $12.72 $0.00 $43.44 70 3 $25.85 $8.10 $12.72 $0.00 $46.67 80 4 $29.08 $8.10 $12.72 $0.00 $49.90 90 Notes: Apprentice to Journeyworker Ratio:1:5 LABORER: CARPENTER TENDER LABORERS - ZONE 3 (BUILDING & SITE) $54.38 12/02/2019 $8.10 $0.00 $31.50 $14.78 For apprentice rates see "Apprentice- LABORER" LABORER: CEMENT FINISHER TENDER LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" LABORER: HAZARDOUS WASTE/ASBESTOS REMOVER LABORERS - ZONE 3 (BUILDING & SITE) $54.48 12/01/2019 $8.10 $0.00 $31.60 $14.78 For apprentice rates see "Apprentice- LABORER" LABORER: MASON TENDER LABORERS - ZONE 3 (BUILDING & SITE) $55.38 12/02/2019 $8.10 $0.00 $32.50 $14.78 For apprentice rates see "Apprentice- LABORER" LABORER: MASON TENDER (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $52.57 12/01/2019 $8.10 $0.00 $31.75 $12.72 $53.38 06/01/2020 $8.10 $0.00 $32.56 $12.72 $54.19 12/01/2020 $8.10 $0.00 $33.37 $12.72 $55.03 06/01/2021 $8.10 $0.00 $34.21 $12.72 $55.86 12/01/2021 $8.10 $0.00 $35.04 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) LABORER: MULTI-TRADE TENDER LABORERS - ZONE 3 (BUILDING & SITE) $54.38 12/02/2019 $8.10 $0.00 $31.50 $14.78 For apprentice rates see "Apprentice- LABORER" LABORER: TREE REMOVER LABORERS - ZONE 3 (BUILDING & SITE) $54.38 12/02/2019 $8.10 $0.00 $31.50 $14.78 Issue Date:Wage Request Number:01/31/2020 Page 14 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date This classification applies to all tree work associated with the removal of standing trees, and trimming and removal of branches and limbs when the work is not done for a utility company for the purpose of operation, maintenance or repair of utility company equipment. For apprentice rates see "Apprentice- LABORER" LASER BEAM OPERATOR LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" LASER BEAM OPERATOR (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $52.57 12/01/2019 $8.10 $0.00 $31.75 $12.72 $53.38 06/01/2020 $8.10 $0.00 $32.56 $12.72 $54.19 12/01/2020 $8.10 $0.00 $33.37 $12.72 $55.03 06/01/2021 $8.10 $0.00 $34.21 $12.72 $55.86 12/01/2021 $8.10 $0.00 $35.04 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) MARBLE & TILE FINISHERS BRICKLAYERS LOCAL 3 (SPR/PITT) - MARBLE & TILE $64.79 08/01/2019 $10.75 $0.00 $35.17 $18.87 $65.29 02/01/2020 $10.75 $0.00 $35.17 $19.37 $66.41 08/01/2020 $10.75 $0.00 $36.17 $19.49 $66.91 02/01/2021 $10.75 $0.00 $36.67 $19.49 $68.04 08/01/2021 $10.75 $0.00 $37.67 $19.62 $68.49 02/01/2022 $10.75 $0.00 $38.12 $19.62 MARBLE-TILE FINISHER-Local 3 Marble/Tile (Spr/Pitt)Apprentice - 08/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $17.59 $10.75 $18.87 $0.00 $47.21 50 2 $21.10 $10.75 $18.87 $0.00 $50.72 60 3 $24.62 $10.75 $18.87 $0.00 $54.24 70 4 $28.14 $10.75 $18.87 $0.00 $57.76 80 5 $31.65 $10.75 $18.87 $0.00 $61.27 90 02/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $17.59 $10.75 $19.37 $0.00 $47.71 50 2 $21.10 $10.75 $19.37 $0.00 $51.22 60 3 $24.62 $10.75 $19.37 $0.00 $54.74 70 4 $28.14 $10.75 $19.37 $0.00 $58.26 80 5 $31.65 $10.75 $19.37 $0.00 $61.77 90 Notes: Apprentice to Journeyworker Ratio:1:5 MARBLE MASON/TILE LAYER(SP/PT)SeeBrick BRICKLAYERS LOCAL 3 (SPR/PITT) - MARBLE & TILE See "BRICK/STONE/ARTIFICIAL MASONRY(INCL.MASONRY WATERPROOFING) MECH. SWEEPER OPERATOR (ON CONST. SITES) OPERATING ENGINEERS LOCAL 98 $61.69 12/01/2019 $11.94 $0.00 $35.40 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" MECHANIC/WELDER/BOOM TRUCK OPERATING ENGINEERS LOCAL 98 $61.16 12/01/2019 $11.94 $0.00 $34.87 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" Issue Date:Wage Request Number:01/31/2020 Page 15 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date MILLWRIGHT (Zone 3) MILLWRIGHTS LOCAL 1121 - Zone 3 $65.51 04/01/2019 $9.90 $0.00 $37.11 $18.50 MILLWRIGHT - Local 1121 Zone 3Apprentice - 04/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $20.41 $9.90 $5.31 $0.00 $35.62 55 2 $24.12 $9.90 $15.13 $0.00 $49.15 65 3 $27.83 $9.90 $16.10 $0.00 $53.83 75 4 $31.54 $9.90 $17.06 $0.00 $58.50 85 Notes: Steps are 2,000 hours Apprentice to Journeyworker Ratio:1:5 MORTAR MIXER LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" OILER OPERATING ENGINEERS LOCAL 98 $56.85 12/01/2019 $11.94 $0.00 $30.56 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" OTHER POWER DRIVEN EQUIPMENT - CLASS VI OPERATING ENGINEERS LOCAL 98 $54.87 12/01/2019 $11.94 $0.00 $28.58 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" PAINTER (BRIDGES/TANKS) PAINTERS LOCAL 35 - ZONE 3 $81.26 01/01/2020 $8.20 $0.00 $50.96 $22.10 $82.36 07/01/2020 $8.20 $0.00 $52.06 $22.10 $83.46 01/01/2021 $8.20 $0.00 $53.16 $22.10 Issue Date:Wage Request Number:01/31/2020 Page 16 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PAINTER Local 35 - BRIDGES/TANKSApprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $25.48 $8.20 $0.00 $0.00 $33.68 50 2 $28.03 $8.20 $5.94 $0.00 $42.17 55 3 $30.58 $8.20 $6.48 $0.00 $45.26 60 4 $33.12 $8.20 $7.02 $0.00 $48.34 65 5 $35.67 $8.20 $18.86 $0.00 $62.73 70 6 $38.22 $8.20 $19.40 $0.00 $65.82 75 7 $40.77 $8.20 $19.94 $0.00 $68.91 80 8 $45.86 $8.20 $21.02 $0.00 $75.08 90 07/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $26.03 $8.20 $0.00 $0.00 $34.23 50 2 $28.63 $8.20 $5.94 $0.00 $42.77 55 3 $31.24 $8.20 $6.48 $0.00 $45.92 60 4 $33.84 $8.20 $7.02 $0.00 $49.06 65 5 $36.44 $8.20 $18.86 $0.00 $63.50 70 6 $39.05 $8.20 $19.40 $0.00 $66.65 75 7 $41.65 $8.20 $19.94 $0.00 $69.79 80 8 $46.85 $8.20 $21.02 $0.00 $76.07 90 Notes: Steps are 750 hrs. Apprentice to Journeyworker Ratio:1:1 PAINTER (SIGN, PICTORIAL & DISPLAY) PAINTERS LOCAL 35 - ZONE 3 $39.93 06/01/2013 $7.07 $0.00 $25.81 $7.05 Issue Date:Wage Request Number:01/31/2020 Page 17 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PAINTER SIGN - Local 35 Zone 3Apprentice - 06/01/2013 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $12.91 $7.07 $0.00 $0.00 $19.98 50 2 $14.20 $7.07 $2.45 $0.00 $23.72 55 3 $15.49 $7.07 $2.45 $0.00 $25.01 60 4 $16.78 $7.07 $2.45 $0.00 $26.30 65 5 $18.07 $7.07 $7.05 $0.00 $32.19 70 6 $19.36 $7.07 $7.05 $0.00 $33.48 75 7 $20.65 $7.07 $7.05 $0.00 $34.77 80 8 $21.94 $7.07 $7.05 $0.00 $36.06 85 9 $23.23 $7.07 $7.05 $0.00 $37.35 90 Notes: Steps are 4 mos. Apprentice to Journeyworker Ratio:1:1 PAINTER (SPRAY OR SANDBLAST, NEW) * * If 30% or more of surfaces to be painted are new construction, NEW paint rate shall be used.PAINTERS LOCAL 35 - ZONE 3 $60.73 01/01/2020 $8.20 $0.00 $34.33 $18.20 $61.83 07/01/2020 $8.20 $0.00 $35.43 $18.20 $62.93 01/01/2021 $8.20 $0.00 $36.53 $18.20 Issue Date:Wage Request Number:01/31/2020 Page 18 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PAINTER Local 35 Zone 3 - Spray/Sandblast - NewApprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $17.17 $8.20 $0.00 $0.00 $25.37 50 2 $18.88 $8.20 $3.80 $0.00 $30.88 55 3 $20.60 $8.20 $4.14 $0.00 $32.94 60 4 $22.31 $8.20 $4.49 $0.00 $35.00 65 5 $24.03 $8.20 $16.13 $0.00 $48.36 70 6 $25.75 $8.20 $16.48 $0.00 $50.43 75 7 $27.46 $8.20 $16.82 $0.00 $52.48 80 8 $30.90 $8.20 $17.51 $0.00 $56.61 90 07/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $17.72 $8.20 $0.00 $0.00 $25.92 50 2 $19.49 $8.20 $3.80 $0.00 $31.49 55 3 $21.26 $8.20 $4.14 $0.00 $33.60 60 4 $23.03 $8.20 $4.49 $0.00 $35.72 65 5 $24.80 $8.20 $16.13 $0.00 $49.13 70 6 $26.57 $8.20 $16.48 $0.00 $51.25 75 7 $28.34 $8.20 $16.82 $0.00 $53.36 80 8 $31.89 $8.20 $17.51 $0.00 $57.60 90 Notes: Steps are 750 hrs. Apprentice to Journeyworker Ratio:1:1 PAINTER (SPRAY OR SANDBLAST, REPAINT) PAINTERS LOCAL 35 - ZONE 3 $58.05 01/01/2020 $8.20 $0.00 $31.65 $18.20 $59.15 07/01/2020 $8.20 $0.00 $32.75 $18.20 $60.25 01/01/2021 $8.20 $0.00 $33.85 $18.20 Issue Date:Wage Request Number:01/31/2020 Page 19 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PAINTER Local 35 Zone 3 - Spray/Sandblast - RepaintApprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $15.83 $8.20 $0.00 $0.00 $24.03 50 2 $17.41 $8.20 $3.80 $0.00 $29.41 55 3 $18.99 $8.20 $4.14 $0.00 $31.33 60 4 $20.57 $8.20 $4.49 $0.00 $33.26 65 5 $22.16 $8.20 $16.13 $0.00 $46.49 70 6 $23.74 $8.20 $16.48 $0.00 $48.42 75 7 $25.32 $8.20 $16.82 $0.00 $50.34 80 8 $28.49 $8.20 $17.51 $0.00 $54.20 90 07/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $16.38 $8.20 $0.00 $0.00 $24.58 50 2 $18.01 $8.20 $3.80 $0.00 $30.01 55 3 $19.65 $8.20 $4.14 $0.00 $31.99 60 4 $21.29 $8.20 $4.49 $0.00 $33.98 65 5 $22.93 $8.20 $16.13 $0.00 $47.26 70 6 $24.56 $8.20 $16.48 $0.00 $49.24 75 7 $26.20 $8.20 $16.82 $0.00 $51.22 80 8 $29.48 $8.20 $17.51 $0.00 $55.19 90 Notes: Steps are 750 hrs. Apprentice to Journeyworker Ratio:1:1 PAINTER / TAPER (BRUSH, NEW) * * If 30% or more of surfaces to be painted are new construction, NEW paint rate shall be used.PAINTERS LOCAL 35 - ZONE 3 $59.33 01/01/2020 $8.20 $0.00 $32.93 $18.20 $60.43 07/01/2020 $8.20 $0.00 $34.03 $18.20 $61.53 01/01/2021 $8.20 $0.00 $35.13 $18.20 Issue Date:Wage Request Number:01/31/2020 Page 20 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PAINTER - Local 35 Zone 3 - BRUSH NEWApprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $16.47 $8.20 $0.00 $0.00 $24.67 50 2 $18.11 $8.20 $3.80 $0.00 $30.11 55 3 $19.76 $8.20 $4.14 $0.00 $32.10 60 4 $21.40 $8.20 $4.49 $0.00 $34.09 65 5 $23.05 $8.20 $16.13 $0.00 $47.38 70 6 $24.70 $8.20 $16.48 $0.00 $49.38 75 7 $26.34 $8.20 $16.82 $0.00 $51.36 80 8 $29.64 $8.20 $17.51 $0.00 $55.35 90 07/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $17.02 $8.20 $0.00 $0.00 $25.22 50 2 $18.72 $8.20 $3.80 $0.00 $30.72 55 3 $20.42 $8.20 $4.14 $0.00 $32.76 60 4 $22.12 $8.20 $4.49 $0.00 $34.81 65 5 $23.82 $8.20 $16.13 $0.00 $48.15 70 6 $25.52 $8.20 $16.48 $0.00 $50.20 75 7 $27.22 $8.20 $16.82 $0.00 $52.24 80 8 $30.63 $8.20 $17.51 $0.00 $56.34 90 Notes: Steps are 750 hrs. Apprentice to Journeyworker Ratio:1:1 PAINTER / TAPER (BRUSH, REPAINT) PAINTERS LOCAL 35 - ZONE 3 $56.65 01/01/2020 $8.20 $0.00 $30.25 $18.20 $57.75 07/01/2020 $8.20 $0.00 $31.35 $18.20 $58.85 01/01/2021 $8.20 $0.00 $32.45 $18.20 Issue Date:Wage Request Number:01/31/2020 Page 21 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PAINTER Local 35 Zone 3 - BRUSH REPAINTApprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $15.13 $8.20 $0.00 $0.00 $23.33 50 2 $16.64 $8.20 $3.80 $0.00 $28.64 55 3 $18.15 $8.20 $4.14 $0.00 $30.49 60 4 $19.66 $8.20 $4.49 $0.00 $32.35 65 5 $21.18 $8.20 $16.13 $0.00 $45.51 70 6 $22.69 $8.20 $16.48 $0.00 $47.37 75 7 $24.20 $8.20 $16.82 $0.00 $49.22 80 8 $27.23 $8.20 $17.51 $0.00 $52.94 90 07/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $15.68 $8.20 $0.00 $0.00 $23.88 50 2 $17.24 $8.20 $3.80 $0.00 $29.24 55 3 $18.81 $8.20 $4.14 $0.00 $31.15 60 4 $20.38 $8.20 $4.49 $0.00 $33.07 65 5 $21.95 $8.20 $16.13 $0.00 $46.28 70 6 $23.51 $8.20 $16.48 $0.00 $48.19 75 7 $25.08 $8.20 $16.82 $0.00 $50.10 80 8 $28.22 $8.20 $17.51 $0.00 $53.93 90 Notes: Steps are 750 hrs. Apprentice to Journeyworker Ratio:1:1 PAINTER TRAFFIC MARKINGS (HEAVY/HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $52.32 12/01/2019 $8.10 $0.00 $31.50 $12.72 $53.13 06/01/2020 $8.10 $0.00 $32.31 $12.72 $53.94 12/01/2020 $8.10 $0.00 $33.12 $12.72 $54.78 06/01/2021 $8.10 $0.00 $33.96 $12.72 $55.61 12/01/2021 $8.10 $0.00 $34.79 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) PANEL & PICKUP TRUCKS DRIVER TEAMSTERS JOINT COUNCIL NO. 10 ZONE B $60.21 12/01/2019 $12.41 $0.00 $34.08 $13.72 $61.11 06/01/2020 $12.41 $0.00 $34.98 $13.72 $61.61 08/01/2020 $12.91 $0.00 $34.98 $13.72 $62.71 12/01/2020 $12.91 $0.00 $34.98 $14.82 $63.51 06/01/2021 $12.91 $0.00 $35.78 $14.82 $64.01 08/01/2021 $13.41 $0.00 $35.78 $14.82 $65.20 12/01/2021 $13.41 $0.00 $35.78 $16.01 PIER AND DOCK CONSTRUCTOR (UNDERPINNING AND DECK) PILE DRIVER LOCAL 56 (ZONE 3) $74.84 08/01/2019 $9.90 $0.00 $43.79 $21.15 For apprentice rates see "Apprentice- PILE DRIVER" PILE DRIVER PILE DRIVER LOCAL 56 (ZONE 3) $74.84 08/01/2019 $9.90 $0.00 $43.79 $21.15 Issue Date:Wage Request Number:01/31/2020 Page 22 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PILE DRIVER - Local 56 Zone 3Apprentice - 08/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $0.00 $0.00 $0.00 $0.00 $0.00 0 Notes: Apprentice wages shall be no less than the following Steps; (Same as set in Zone 1) 1$54.34/2$58.99/3$63.65/4$65.98/5$68.31/6$68.31/7$72.96/8$72.96 Apprentice to Journeyworker Ratio:1:5 PIPELAYER LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" PIPELAYER (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $52.57 12/01/2019 $8.10 $0.00 $31.75 $12.72 $53.38 06/01/2020 $8.10 $0.00 $32.56 $12.72 $54.19 12/01/2020 $8.10 $0.00 $33.37 $12.72 $55.03 06/01/2021 $8.10 $0.00 $34.21 $12.72 $55.86 12/01/2021 $8.10 $0.00 $35.04 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) PLUMBER & PIPEFITTER PLUMBERS & PIPEFITTERS LOCAL 104 $66.31 09/17/2019 $8.75 $0.00 $41.21 $16.35 $67.31 03/17/2020 $8.75 $0.00 $42.21 $16.35 $68.31 09/17/2020 $8.75 $0.00 $43.21 $16.35 $69.31 03/17/2021 $8.75 $0.00 $44.21 $16.35 $70.31 09/17/2021 $8.75 $0.00 $45.21 $16.35 $71.56 03/17/2022 $8.75 $0.00 $46.46 $16.35 $72.56 09/17/2022 $8.75 $0.00 $47.46 $16.35 $73.81 03/17/2023 $8.75 $0.00 $48.71 $16.35 $74.81 09/17/2023 $8.75 $0.00 $49.71 $16.35 $76.06 03/17/2024 $8.75 $0.00 $50.96 $16.35 Issue Date:Wage Request Number:01/31/2020 Page 23 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PLUMBER/PIPEFITTER - Local 104Apprentice - 09/17/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $18.54 $8.75 $9.60 $0.00 $36.89 45 2 $20.61 $8.75 $9.60 $0.00 $38.96 50 3 $22.67 $8.75 $9.60 $0.00 $41.02 55 4 $24.73 $8.75 $9.60 $0.00 $43.08 60 5 $26.79 $8.75 $9.60 $0.00 $45.14 65 6 $28.85 $8.75 $9.60 $0.00 $47.20 70 7 $30.91 $8.75 $9.60 $0.00 $49.26 75 8 $32.97 $8.75 $9.60 $0.00 $51.32 80 9 $32.97 $8.75 $16.35 $0.00 $58.07 80 10 $32.97 $8.75 $16.35 $0.00 $58.07 80 03/17/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $18.99 $8.75 $9.60 $0.00 $37.34 45 2 $21.11 $8.75 $9.60 $0.00 $39.46 50 3 $23.22 $8.75 $9.60 $0.00 $41.57 55 4 $25.33 $8.75 $9.60 $0.00 $43.68 60 5 $27.44 $8.75 $9.60 $0.00 $45.79 65 6 $29.55 $8.75 $9.60 $0.00 $47.90 70 7 $31.66 $8.75 $9.60 $0.00 $50.01 75 8 $33.77 $8.75 $9.60 $0.00 $52.12 80 9 $33.77 $8.75 $16.35 $0.00 $58.87 80 10 $33.77 $8.75 $16.35 $0.00 $58.87 80 Notes: **1:1,2:5,3:9,4:12 Apprentice to Journeyworker Ratio:** PNEUMATIC CONTROLS (TEMP.) PLUMBERS & PIPEFITTERS LOCAL 104 $66.31 09/17/2019 $8.75 $0.00 $41.21 $16.35 $67.31 03/17/2020 $8.75 $0.00 $42.21 $16.35 $68.31 09/17/2020 $8.75 $0.00 $43.21 $16.35 $69.31 03/17/2021 $8.75 $0.00 $44.21 $16.35 $70.31 09/17/2021 $8.75 $0.00 $45.21 $16.35 $71.56 03/17/2022 $8.75 $0.00 $46.46 $16.35 $72.56 09/17/2022 $8.75 $0.00 $47.46 $16.35 $73.81 03/17/2023 $8.75 $0.00 $48.71 $16.35 $74.81 09/17/2023 $8.75 $0.00 $49.71 $16.35 $76.06 03/17/2024 $8.75 $0.00 $50.96 $16.35 For apprentice rates see "Apprentice- PIPEFITTER" or "PLUMBER/PIPEFITTER" Issue Date:Wage Request Number:01/31/2020 Page 24 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date PNEUMATIC DRILL/TOOL OPERATOR (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $52.57 12/01/2019 $8.10 $0.00 $31.75 $12.72 $53.38 06/01/2020 $8.10 $0.00 $32.56 $12.72 $54.19 12/01/2020 $8.10 $0.00 $33.37 $12.72 $55.03 06/01/2021 $8.10 $0.00 $34.21 $12.72 $55.86 12/01/2021 $8.10 $0.00 $35.04 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) POWDERMAN & BLASTER LABORERS - ZONE 3 (BUILDING & SITE) $55.38 12/02/2019 $8.10 $0.00 $32.50 $14.78 For apprentice rates see "Apprentice- LABORER" POWDERMAN & BLASTER (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $53.32 12/01/2019 $8.10 $0.00 $32.50 $12.72 $54.13 06/01/2020 $8.10 $0.00 $33.31 $12.72 $54.94 12/01/2020 $8.10 $0.00 $34.12 $12.72 $55.78 06/01/2021 $8.10 $0.00 $34.96 $12.72 $56.61 12/01/2021 $8.10 $0.00 $35.79 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) PUMP OPERATOR (CONCRETE) OPERATING ENGINEERS LOCAL 98 $61.69 12/01/2019 $11.94 $0.00 $35.40 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" PUMP OPERATOR (DEWATERING, OTHER) OPERATING ENGINEERS LOCAL 98 $61.16 12/01/2019 $11.94 $0.00 $34.87 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" READY-MIX CONCRETE DRIVER TEAMSTERS 404 - Construction Service (Northampton) $39.11 05/01/2019 $10.87 $0.00 $21.74 $6.50 $40.01 05/01/2020 $11.07 $0.00 $22.44 $6.50 RIDE-ON MOTORIZED BUGGY OPERATOR LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" ROLLER OPERATOR OPERATING ENGINEERS LOCAL 98 $60.55 12/01/2019 $11.94 $0.00 $34.26 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" ROOFER (Coal tar pitch) ROOFERS LOCAL 248 $58.91 07/16/2019 $10.05 $0.00 $32.66 $16.20 For apprentice rates see "Apprentice- ROOFER" ROOFER (Inc.Roofer Waterproofng &Roofer Damproofg) ROOFERS LOCAL 248 $57.91 07/16/2019 $10.05 $0.00 $32.16 $15.70 Issue Date:Wage Request Number:01/31/2020 Page 25 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date ROOFER - Local 248Apprentice - 07/16/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $19.30 $10.05 $0.00 $0.00 $29.35 60 2 $20.90 $10.05 $15.70 $0.00 $46.65 65 3 $22.51 $10.05 $15.70 $0.00 $48.26 70 4 $24.12 $10.05 $15.70 $0.00 $49.87 75 5 $25.73 $10.05 $15.70 $0.00 $51.48 80 6 $27.34 $10.05 $15.70 $0.00 $53.09 85 7 $28.94 $10.05 $15.70 $0.00 $54.69 90 8 $30.55 $10.05 $15.70 $0.00 $56.30 95 Notes: Steps are 750 hrs.Roofer(Tear Off)1:1; Same as above Apprentice to Journeyworker Ratio:1:3 ROOFER SLATE / TILE / PRECAST CONCRETE ROOFERS LOCAL 248 $58.91 07/16/2019 $10.05 $0.00 $32.66 $16.20 For apprentice rates see "Apprentice- ROOFER" SCRAPER OPERATING ENGINEERS LOCAL 98 $61.16 12/01/2019 $11.94 $0.00 $34.87 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" SELF-POWERED ROLLERS AND COMPACTORS (TAMPERS) OPERATING ENGINEERS LOCAL 98 $60.55 12/01/2019 $11.94 $0.00 $34.26 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" SELF-PROPELLED POWER BROOM OPERATING ENGINEERS LOCAL 98 $57.93 12/01/2019 $11.94 $0.00 $31.64 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" SHEETMETAL WORKER SHEETMETAL WORKERS LOCAL 63 $65.62 01/01/2020 $10.64 $1.77 $36.99 $16.22 Issue Date:Wage Request Number:01/31/2020 Page 26 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date SHEET METAL WORKER - Local 63Apprentice - 01/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $16.65 $6.21 $4.67 $0.00 $27.53 45 2 $18.50 $6.55 $5.19 $0.00 $30.24 50 3 $20.34 $6.88 $9.33 $1.08 $37.63 55 4 $22.19 $7.22 $9.33 $1.14 $39.88 60 5 $24.04 $7.55 $9.33 $1.20 $42.12 65 6 $25.89 $7.88 $9.33 $1.27 $44.37 70 7 $27.74 $8.22 $9.33 $1.33 $46.62 75 8 $29.59 $9.30 $15.18 $1.59 $55.66 80 9 $31.44 $9.64 $15.18 $1.66 $57.92 85 10 $33.29 $9.98 $15.18 $1.72 $60.17 90 Notes: Apprentice to Journeyworker Ratio:1:3 SPECIALIZED EARTH MOVING EQUIP < 35 TONS TEAMSTERS JOINT COUNCIL NO. 10 ZONE B $60.67 12/01/2019 $12.41 $0.00 $34.54 $13.72 $61.57 06/01/2020 $12.41 $0.00 $35.44 $13.72 $62.07 08/01/2020 $12.91 $0.00 $35.44 $13.72 $63.17 12/01/2020 $12.91 $0.00 $35.44 $14.82 $63.97 06/01/2021 $12.91 $0.00 $36.24 $14.82 $64.47 08/01/2021 $13.41 $0.00 $36.24 $14.82 $65.66 12/01/2021 $13.41 $0.00 $36.24 $16.01 SPECIALIZED EARTH MOVING EQUIP > 35 TONS TEAMSTERS JOINT COUNCIL NO. 10 ZONE B $60.96 12/01/2019 $12.41 $0.00 $34.83 $13.72 $61.86 06/01/2020 $12.41 $0.00 $35.73 $13.72 $62.36 08/01/2020 $12.91 $0.00 $35.73 $13.72 $63.46 12/01/2020 $12.91 $0.00 $35.73 $14.82 $64.26 06/01/2021 $12.91 $0.00 $36.53 $14.82 $64.76 08/01/2021 $13.41 $0.00 $36.53 $14.82 $65.95 12/01/2021 $13.41 $0.00 $36.53 $16.01 SPRINKLER FITTER SPRINKLER FITTERS LOCAL 669 $64.61 01/01/2019 $10.02 $0.00 $41.51 $13.08 Issue Date:Wage Request Number:01/31/2020 Page 27 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date SPRINKLER FITTER - Local 669Apprentice - 01/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $18.68 $7.75 $0.00 $0.00 $26.43 45 2 $20.76 $7.75 $0.00 $0.00 $28.51 50 3 $22.83 $10.02 $7.25 $0.00 $40.10 55 4 $24.91 $10.02 $7.25 $0.00 $42.18 60 5 $26.98 $10.02 $7.50 $0.00 $44.50 65 6 $29.06 $10.02 $7.50 $0.00 $46.58 70 7 $31.13 $10.02 $7.50 $0.00 $48.65 75 8 $33.21 $10.02 $7.50 $0.00 $50.73 80 9 $35.28 $10.02 $7.50 $0.00 $52.80 85 10 $37.36 $10.02 $7.50 $0.00 $54.88 90 Notes: Apprentice to Journeyworker Ratio:1:1 TELECOMMUNICATION TECHNICIAN ELECTRICIANS LOCAL 7 $67.01 12/29/2019 $11.00 $0.00 $43.41 $12.60 TELECOMMUNICATION TECHNICIAN - Local 7Apprentice - 12/29/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $17.36 $6.00 $0.52 $0.00 $23.88 40 2 $19.53 $6.00 $0.59 $0.00 $26.12 45 3 $21.71 $11.00 $6.95 $0.00 $39.66 50 4 $23.88 $11.00 $7.02 $0.00 $41.90 55 5 $28.22 $11.00 $8.15 $0.00 $47.37 65 6 $30.39 $11.00 $9.24 $0.00 $50.63 70 Notes: Steps are 800 hours Apprentice to Journeyworker Ratio:1:1 TERRAZZO FINISHERS BRICKLAYERS LOCAL 3 (SPR/PITT) - MARBLE & TILE $85.39 08/01/2019 $10.75 $0.00 $53.34 $21.30 $86.03 02/01/2020 $10.75 $0.00 $53.34 $21.94 $87.53 08/01/2020 $10.75 $0.00 $54.69 $22.09 $88.17 02/01/2021 $10.75 $0.00 $55.33 $22.09 $89.73 08/01/2021 $10.75 $0.00 $56.73 $22.25 $90.32 02/01/2022 $10.75 $0.00 $57.32 $22.25 Issue Date:Wage Request Number:01/31/2020 Page 28 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date TERRAZZO FINISHER-Local 3 Marble/Tile (Spr/Ptt)Apprentice - 08/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $26.67 $10.75 $21.30 $0.00 $58.72 50 2 $32.00 $10.75 $21.30 $0.00 $64.05 60 3 $37.34 $10.75 $21.30 $0.00 $69.39 70 4 $42.67 $10.75 $21.30 $0.00 $74.72 80 5 $48.01 $10.75 $21.30 $0.00 $80.06 90 02/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $26.67 $10.75 $21.94 $0.00 $59.36 50 2 $32.00 $10.75 $21.94 $0.00 $64.69 60 3 $37.34 $10.75 $21.94 $0.00 $70.03 70 4 $42.67 $10.75 $21.94 $0.00 $75.36 80 5 $48.01 $10.75 $21.94 $0.00 $80.70 90 Notes: Apprentice to Journeyworker Ratio:1:5 TERRAZZO MECHANIC BRICKLAYERS LOCAL 3 (SPR/PITT) - MARBLE & TILE $86.47 08/01/2019 $10.75 $0.00 $54.42 $21.30 $87.10 02/01/2020 $10.75 $0.00 $54.42 $21.93 $88.60 08/01/2020 $10.75 $0.00 $55.77 $22.08 $89.24 02/01/2021 $10.75 $0.00 $56.41 $22.08 $90.80 08/01/2021 $10.75 $0.00 $57.81 $22.24 $91.37 02/01/2022 $10.75 $0.00 $58.38 $22.24 Issue Date:Wage Request Number:01/31/2020 Page 29 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date TERRAZZO MECH - Local 3 Marble/Tile (Spr/Pitt)Apprentice - 08/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $27.21 $10.75 $21.30 $0.00 $59.26 50 2 $32.65 $10.75 $21.30 $0.00 $64.70 60 3 $38.09 $10.75 $21.30 $0.00 $70.14 70 4 $43.54 $10.75 $21.30 $0.00 $75.59 80 5 $48.98 $10.75 $21.30 $0.00 $81.03 90 02/01/2020 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $27.21 $10.75 $21.93 $0.00 $59.89 50 2 $32.65 $10.75 $21.93 $0.00 $65.33 60 3 $38.09 $10.75 $21.93 $0.00 $70.77 70 4 $43.54 $10.75 $21.93 $0.00 $76.22 80 5 $48.98 $10.75 $21.93 $0.00 $81.66 90 Notes: Apprentice to Journeyworker Ratio:1:5 TEST BORING DRILLER LABORERS - FOUNDATION AND MARINE $65.40 12/01/2019 $8.10 $0.00 $40.50 $16.80 $66.39 06/01/2020 $8.10 $0.00 $41.49 $16.80 $67.37 12/01/2020 $8.10 $0.00 $42.47 $16.80 $68.39 06/01/2021 $8.10 $0.00 $43.49 $16.80 $69.40 12/01/2021 $8.10 $0.00 $44.50 $16.80 For apprentice rates see "Apprentice- LABORER" TEST BORING DRILLER HELPER LABORERS - FOUNDATION AND MARINE $64.12 12/01/2019 $8.10 $0.00 $39.22 $16.80 $65.11 06/01/2020 $8.10 $0.00 $40.21 $16.80 $66.09 12/01/2020 $8.10 $0.00 $41.19 $16.80 $67.11 06/01/2021 $8.10 $0.00 $42.21 $16.80 $68.12 12/01/2021 $8.10 $0.00 $43.22 $16.80 For apprentice rates see "Apprentice- LABORER" TEST BORING LABORER LABORERS - FOUNDATION AND MARINE $64.00 12/01/2019 $8.10 $0.00 $39.10 $16.80 $64.99 06/01/2020 $8.10 $0.00 $40.09 $16.80 $65.97 12/01/2020 $8.10 $0.00 $41.07 $16.80 $66.99 06/01/2021 $8.10 $0.00 $42.09 $16.80 $68.00 12/01/2021 $8.10 $0.00 $43.10 $16.80 For apprentice rates see "Apprentice- LABORER" TRACTORS OPERATING ENGINEERS LOCAL 98 $60.55 12/01/2019 $11.94 $0.00 $34.26 $14.35 For apprentice rates see "Apprentice- OPERATING ENGINEERS" Issue Date:Wage Request Number:01/31/2020 Page 30 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date TRAILERS FOR EARTH MOVING EQUIPMENT TEAMSTERS JOINT COUNCIL NO. 10 ZONE B $61.25 12/01/2019 $12.41 $0.00 $35.12 $13.72 $62.15 06/01/2020 $12.41 $0.00 $36.02 $13.72 $62.65 08/01/2020 $12.91 $0.00 $36.02 $13.72 $63.75 12/01/2020 $12.91 $0.00 $36.02 $14.82 $64.55 06/01/2021 $12.91 $0.00 $36.82 $14.82 $65.05 08/01/2021 $13.41 $0.00 $36.82 $14.82 $66.24 12/01/2021 $13.41 $0.00 $36.82 $16.01 TUNNEL WORK - COMPRESSED AIR LABORERS (COMPRESSED AIR) $76.68 12/01/2019 $8.10 $0.00 $51.38 $17.20 $77.67 06/01/2020 $8.10 $0.00 $52.37 $17.20 $78.65 12/01/2020 $8.10 $0.00 $53.35 $17.20 $79.67 06/01/2021 $8.10 $0.00 $54.37 $17.20 $80.68 12/01/2021 $8.10 $0.00 $55.38 $17.20 For apprentice rates see "Apprentice- LABORER" TUNNEL WORK - COMPRESSED AIR (HAZ. WASTE) LABORERS (COMPRESSED AIR) $78.68 12/01/2019 $8.10 $0.00 $53.38 $17.20 $79.67 06/01/2020 $8.10 $0.00 $54.37 $17.20 $80.65 12/01/2020 $8.10 $0.00 $55.35 $17.20 $81.67 06/01/2021 $8.10 $0.00 $56.37 $17.20 $82.68 12/01/2021 $8.10 $0.00 $57.38 $17.20 For apprentice rates see "Apprentice- LABORER" TUNNEL WORK - FREE AIR LABORERS (FREE AIR TUNNEL) $68.75 12/01/2019 $8.10 $0.00 $43.45 $17.20 $69.74 06/01/2020 $8.10 $0.00 $44.44 $17.20 $70.72 12/01/2020 $8.10 $0.00 $45.42 $17.20 $71.74 06/01/2021 $8.10 $0.00 $46.44 $17.20 $72.75 12/01/2021 $8.10 $0.00 $47.45 $17.20 For apprentice rates see "Apprentice- LABORER" TUNNEL WORK - FREE AIR (HAZ. WASTE) LABORERS (FREE AIR TUNNEL) $70.75 12/01/2019 $8.10 $0.00 $45.45 $17.20 $71.74 06/01/2020 $8.10 $0.00 $46.44 $17.20 $72.72 12/01/2020 $8.10 $0.00 $47.42 $17.20 $73.74 06/01/2021 $8.10 $0.00 $48.44 $17.20 $74.75 12/01/2021 $8.10 $0.00 $49.45 $17.20 For apprentice rates see "Apprentice- LABORER" VAC-HAUL TEAMSTERS JOINT COUNCIL NO. 10 ZONE B $60.67 12/01/2019 $12.41 $0.00 $34.54 $13.72 $61.57 06/01/2020 $12.41 $0.00 $35.44 $13.72 $62.07 08/01/2020 $12.91 $0.00 $35.44 $13.72 $63.17 12/01/2020 $12.91 $0.00 $35.44 $14.82 $63.97 06/01/2021 $12.91 $0.00 $36.24 $14.82 $64.47 08/01/2021 $13.41 $0.00 $36.24 $14.82 $65.66 12/01/2021 $13.41 $0.00 $36.24 $16.01 WAGON DRILL OPERATOR LABORERS - ZONE 3 (BUILDING & SITE) $54.63 12/02/2019 $8.10 $0.00 $31.75 $14.78 For apprentice rates see "Apprentice- LABORER" WAGON DRILL OPERATOR (HEAVY & HIGHWAY) LABORERS - ZONE 3 (HEAVY & HIGHWAY) $52.57 12/01/2019 $8.10 $0.00 $31.75 $12.72 $53.38 06/01/2020 $8.10 $0.00 $32.56 $12.72 $54.19 12/01/2020 $8.10 $0.00 $33.37 $12.72 $55.03 06/01/2021 $8.10 $0.00 $34.21 $12.72 $55.86 12/01/2021 $8.10 $0.00 $35.04 $12.72 For apprentice rates see "Apprentice- LABORER (Heavy and Highway) Issue Date:Wage Request Number:01/31/2020 Page 31 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date WATER METER INSTALLER PLUMBERS & PIPEFITTERS LOCAL 104 $66.31 09/17/2019 $8.75 $0.00 $41.21 $16.35 $67.31 03/17/2020 $8.75 $0.00 $42.21 $16.35 $68.31 09/17/2020 $8.75 $0.00 $43.21 $16.35 $69.31 03/17/2021 $8.75 $0.00 $44.21 $16.35 $70.31 09/17/2021 $8.75 $0.00 $45.21 $16.35 $71.56 03/17/2022 $8.75 $0.00 $46.46 $16.35 $72.56 09/17/2022 $8.75 $0.00 $47.46 $16.35 $73.81 03/17/2023 $8.75 $0.00 $48.71 $16.35 $74.81 09/17/2023 $8.75 $0.00 $49.71 $16.35 $76.06 03/17/2024 $8.75 $0.00 $50.96 $16.35 For apprentice rates see "Apprentice- PLUMBER/PIPEFITTER" or "PLUMBER/GASFITTER" Outside Electrical - West EQUIPMENT OPERATOR OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $65.22 09/01/2019 $8.00 $0.00 $44.67 $12.55 For apprentice rates see "Apprentice- LINEMAN" GROUNDMAN OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $44.06 09/01/2019 $8.00 $0.00 $30.58 $5.48 For apprentice rates see "Apprentice- LINEMAN" GROUNDMAN / TRUCK DRIVER OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $58.93 09/01/2019 $8.00 $0.00 $39.97 $10.96 For apprentice rates see "Apprentice- LINEMAN" HEAVY EQUIPMENT OPERATOR OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $68.23 09/01/2019 $8.00 $0.00 $47.01 $13.22 For apprentice rates see "Apprentice- LINEMAN" JOURNEYMAN LINEMAN OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $75.26 09/01/2019 $8.00 $0.00 $51.71 $15.55 LINEMAN (Outside Electrical) - West Local 42Apprentice - 09/01/2019 Health Pension Supplemental UnemploymentStepApprentice Base Wage Total Ratepercent Effective Date - 1 $31.03 $8.00 $3.43 $0.00 $42.46 60 2 $33.61 $8.00 $3.51 $0.00 $45.12 65 3 $36.20 $8.00 $3.59 $0.00 $47.79 70 4 $38.78 $8.00 $5.16 $0.00 $51.94 75 5 $41.37 $8.00 $5.24 $0.00 $54.61 80 6 $43.95 $8.00 $5.32 $0.00 $57.27 85 7 $46.54 $8.00 $7.40 $0.00 $61.94 90 Notes: Apprentice to Journeyworker Ratio:1:2 TELEDATA CABLE SPLICER OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $38.60 02/04/2019 $4.70 $0.00 $30.73 $3.17 TELEDATA LINEMAN/EQUIPMENT OPERATOR OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $36.77 02/04/2019 $4.70 $0.00 $28.93 $3.14 TELEDATA WIREMAN/INSTALLER/TECHNICIAN OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $36.77 02/04/2019 $4.70 $0.00 $28.93 $3.14 Issue Date:Wage Request Number:01/31/2020 Page 32 of 3320200131-005 Classification Total RateBase Wage Health Pension Supplemental UnemploymentEffective Date TRACTOR-TRAILER DRIVER OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $65.22 09/01/2019 $8.00 $0.00 $44.67 $12.55 TREE TRIMMER OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $22.06 01/31/2016 $3.55 $0.00 $18.51 $0.00 This classification applies only to tree work done: (a) for a utility company, R.E.A. cooperative, or railroad or coal mining company, and (b) for the purpose of operating, maintaining, or repairing the utility company’s equipment, and (c) by a person who is using hand or mechanical cutting methods and is not on the ground. This classification does not apply to wholesale tree removal. TREE TRIMMER GROUNDMAN OUTSIDE ELECTRICAL WORKERS - WEST LOCAL 42 $19.87 01/31/2016 $3.55 $0.00 $16.32 $0.00 This classification applies only to tree work done: (a) for a utility company, R.E.A. cooperative, or railroad or coal mining company, and (b) for the purpose of operating, maintaining, or repairing the utility company’s equipment, and (c) by a person who is using hand or mechanical cutting methods and is on the ground. This classification does not apply to wholesale tree removal. Additional Apprentice Information: Minimum wage rates for apprentices employed on public works projects are listed above as a percentage of the pre-determined hourly wage rate established by the Commissioner under the provisions of the M.G.L. c. 149, ss. 26-27D. Apprentice ratios are established by the Division of Apprenticeship Training pursuant to M.G.L. c. 23, ss. 11E-11L. All apprentices must be registered with the Division of Apprenticeship Training in accordance with M.G.L. c. 23, ss. 11E-11L. All steps are six months (1000 hours.) Ratios are expressed in allowable number of apprentices to journeymen or fraction thereof, unless otherwise specified. ** Multiple ratios are listed in the comment field. *** APP to JM; 1:1, 2:2, 2:3, 3:4, 4:4, 4:5, 4:6, 5:7, 6:7, 6:8, 6:9, 7:10, 8:10, 8:11, 8:12, 9:13, 10:13, 10:14, etc. **** APP to JM; 1:1, 1:2, 2:3, 2:4, 3:5, 4:6, 4:7, 5:8, 6:9, 6:10, 7:11, 8:12, 8:13, 9:14, 10:15, 10:16, etc. Issue Date:Wage Request Number:01/31/2020 Page 33 of 3320200131-005 "General Decision Number: MA20200010 01/03/2020 Superseded General Decision Number: MA20190010 State: Massachusetts Construction Types: Heavy (Heavy and Marine) Counties: Berkshire, Franklin, Hampden and Hampshire Counties in Massachusetts. HEAVY CONSTRUCTION PROJECTS; AND MARINE CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above‐mentioned types of contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but it does not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)‐(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 BOIL0029‐001 01/01/2017 Rates Fringes BOILERMAKER......................$ 42.42 24.92 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRMA0001‐005 02/01/2019 SPRINGFIELD CHAPTER Rates Fringes BRICKLAYER BRICKLAYERS; CEMENT MASONS; STONE MASONS; MARBLE, TILE & TERRAZO......$ 41.96 29.80 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRMA0001‐007 02/01/2019 SPRINGFIELD/PITTSFIELD CHAPTER BERKSHIRE COUNTY Rates Fringes BRICKLAYER BRICKLAYERS; CEMENT MASONS; STONE MASONS; MARBLE, TILE & TERRAZZO.....$ 41.96 29.80 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0056‐004 08/01/2018 Rates Fringes DIVER TENDER.....................$ 46.07 32.25 DIVER............................$ 64.50 32.25 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0056‐009 08/01/2018 Rates Fringes PILEDRIVERMAN....................$ 46.07 32.25 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0108‐008 09/04/2017 BERKSHIRE Rates Fringes CARPENTER........................$ 35.56 23.76 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0108‐010 09/04/2017 HAMPDEN; HAMPSHIRE; AND FRANKLIN (Remainder of County) Rates Fringes CARPENTER........................$ 35.56 23.76 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * CARP0336‐005 09/01/2019 FRANKLIN COUNTY (Erving, Orange, North Orange, and Warwick) Rates Fringes CARPENTER........................$ 41.90 29.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP1121‐001 10/01/2017 Rates Fringes MILLWRIGHT.......................$ 39.52 30.85 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0007‐002 06/30/2019 HAMPDEN (Except Chester & Holyoke); HAMPSHIRE (Belchertown, Ware) Rates Fringes ELECTRICIAN......................$ 42.66 23.68 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0007‐003 06/30/2019 BERKSHIRE; FRANKLIN; HAMPDEN (Chester, Holyoke); HAMPSHIRE (Except Belchertown, Ware) Rates Fringes ELECTRICIAN......................$ 42.66 23.68 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0098‐007 12/01/2016 Rates Fringes Power equipment operators: Group 1....................$ 33.68 23.96+A Group 2....................$ 33.37 23.96+A Group 3....................$ 33.15 23.96+A Group 4....................$ 32.54 23.96+A Group 5....................$ 29.92 23.96+A Group 6....................$ 28.80 23.96+A Group 7....................$ 26.86 23.96+A Group 8....................$ 305.95 23.96+A Group 9....................$ 230.69 23.96+A Group 10....................$ 35.17 23.96+A Group 11....................$ 38.18 23.96+A Group 12....................$ 39.68 23.96+A Group 13....................$ 40.68 23.96+A Group 14....................$ 41.68 23.96+A Group 15....................$ 43.18 23.96+A HAZARDOUS WASTE PREMIUM $2.00 FOOTNOTE FOR POWER EQUIPMENT OPERATORS: Group 8 and Group 9 are per day wages. A. Paid Holidays: New year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group 1: Shovels; crawlers and truck cranes including all tower; self‐propelled hydraulic cranes 10 tons and over; draglines; clam shells; cableways; shaft hoists; mucking machines derricks; backhoes; bulldozers; gradalls; elevating graders; pile drivers; concrete pavers; trenching machines; front end loaders‐ 5 1/2 cu yds and over; dual drum paver; automatic grader‐excavator(C.M.I. or equal); scrapers towing pan or wagon; tandem dozers or push cats(2 units in tandem); shotcrete machine; tunnel boring machine; combination backhoe/loader 3/4 cu yd hoe or over; jet engine dryer; tree shredder; post hole digger; post hole hammer; post extractor; truck mounted concrete pump with boom; roto‐mill; Grader; Horizontal Drilling Machine; John Henry Rock Drill and similar equipment. Group 2: Rotary drill with mounted compressor; compressor house (3 to 6 compressors); rock and earth boring machines (excluding McCarthy and similar drills); front end loaders 4 cu yds to 5 1/2 cu yds); forklifts‐7 ft lift and over 3 ton capacity; scraper 21 yds and over (struck load); sonic hammer console; reclaimers road planer/milling machine; cal tracks; ballast regulators; rail anchor machines; switch tampers, asphalt pavers; mechanic; welder and transfer machine. Group 3: Combination backhoe/loader up to 3/4 cu yd; scrapers up to 21 cu yd (struck load, self propelled or tractor drawn); tireman; front end loaders up to 4 yds; well drillers; engineer or fireman on high pressure boiler; self‐loading batch plant; well point operators electric pumps used in well point system; pumps, 16 inches and over (total discharge); compressor, one or two 900 cu ft and over; powered grease truck; tunnel locomotives and dingys; grout pumps; hydraulic jacks; boom truck; hydraulic cranes‐ up to 10 ton. Group 4: Asphalt rollers; self‐powered rollers and compactors; tractor without blade drawing sheepsfoot roller; rubber tire roller; vibratory roller or other type of compactors including machines for pulverizing and aerating soil; york rake. Group 5: Hoists; conveyors; power pavement breakers; self‐powered concrete pavement finishing machines; two bag mixers with skip; McCarthy and similar drills; batch plants (not self loading); bulk cement plants; self‐propelled material spreaders; three or more 10 KW light plants; 30 KW or more generators; power broom. Group 6: Compressor (one or two) 315 cu ft to 900 cu ft; pumps 4 inches to 16 inches (total discharge). Group 7: Compressors up to 315 cu ft; small mixers with skip; pumps up to 4 inches; power heaters; oiler; A‐frame trucks; forklifts‐up to 7 ft. lift and up to 3 ton capacity; hydro broom; stud welder. Group 8: Truck crane crews Group 9: Oiler Group 10: Master Mechanic Group 11: Boom lengths over 150 feet including jib Group 12: Boom lengths over 200 feet including jib Group 13: Boom lengths over 250 feet including jib Group 14: Boom lengths over 300 feet including jib Group 15: Boom lengths over 350 feet including jib ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0007‐014 03/16/2019 BERKSHIRE (Becket, East Otis, Hinsdale, Monterey, New Marlboro, North Otis, Otis, Peru, Sandisfield, Savoy, Sheffield, Washington, Windsor); FRANKLIN; HAMPDEN; HAMPSHIRE Rates Fringes IRONWORKER.......................$ 34.20 31.20 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0012‐003 07/01/2018 BERKSHIRE (Lee) Rates Fringes IRONWORKER.......................$ 31.00 24.43 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0012‐004 07/01/2018 BERKSHIRE (Remainder of County) Rates Fringes Ironworkers: Sheeter.....................$ 31.25 24.43 Structural, Ornamental, Reinforcing, Fence Erector, Machinery Mover, Rigger, Rodman, Stone Derrickman..................$ 31.00 24.43 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0022‐002 06/01/2018 FRANKLIN (Orange, Warwick) Rates Fringes Laborers: GROUP 1.....................$ 33.25 22.92 GROUP 2.....................$ 33.50 22.92 GROUP 3.....................$ 34.00 22.92 GROUP 4.....................$ 34.25 22.92 GROUP 5.....................$ 34.00 22.92 GROUP 6.....................$ 34.25 22.92 LABORERS CLASSIFICATIONS GROUP 1: Laborers; carpenter tenders; cement finisher tenders, plasterer tenders GROUP 2: Asphalt raker; fence and guard rail erector; laser beam operator; mason tenmder; pipelayer; pneumatic drill operator; pneumatic tool operator; wagon drill operatorm jackhammer operator, pavement breaker, carbide core drilling machine, chain saw operator, barco type jumping tampers, concrete pump, motorized mortar miner, ride‐on motorized buggy GROUP 3: Air track operator; block paver; rammer; curb setter, hydraulic and similar self‐powered drills GROUP 4: Blaster; powderman GROUP 5: Precast floor and roof, plank erector GROUP 6: Asbestos Abatement, Toxic and Hazardous waste laborers ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0473‐005 06/01/2018 FRANKLIN (Except Orange and Warrick); HAMPDEN and HAMPSHIRE COUNTIES (with the exception of Chesterfield, Cummington, Goshen, Middlefield, Plainfield, and Worthington) Rates Fringes Laborers: Group 1.....................$ 31.00 20.18 Group 2.....................$ 31.25 20.18 Group 3.....................$ 31.75 20.18 Group 4.....................$ 32.00 20.18 Group 5.....................$ 21.50 20.18 Group 6.....................$ 31.00 20.18 LABORERS CLASSIFICATIONS Group 1: Carpenter tenders, cement finisher tenders, laborers, wrecking laborers Group 2: Asphalt rakers, fence and guard rail erectors, laser beam operator, mason tender, pipelayer, pneumatic drill operator, pneumatic tool operator, wagon drill operator Group 3: Air track operator, block pavers, rammers, curb setters Group 4: Blasters, powdermen Group 5: Flaggers Group 6: Asbestos abatement, toxic and Hazardous waste laborers ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0473‐006 06/01/2018 BERKSHIRE; HAMPSHIRE COUNTIES (the towns of Chesterfield, Cummington, Goshen, Middlefield, Plainfield, and Worthington only) Rates Fringes Laborers: Group 1.....................$ 27.58 22.29 Group 2.....................$ 27.83 22.29 Group 3.....................$ 28.33 22.29 Group 4.....................$ 28.58 22.29 Group 5.....................$ 21.50 22.29 Group 6.....................$ 28.58 22.29 LABORERS CLASSIFICATIONS Group 1: Carpenter tenders, cement finisher tenders, laborers, wrecking laborers Group 2: Asphalt rakers, fence and guard rail erectors, laser beam operator, mason tender, pipelayer, pneumatic drill operator, pneumatic tool operator, wagon drill operator Group 3: Air track operator, block pavers, rammers, curb setters Group 4: Blasters, powdermen Group 5: Flaggers Group 6: Asbestos abatement, toxic and Hazardous waste laborers ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO1421‐002 06/01/2018 Rates Fringes Laborers: Group 1.....................$ 38.15 24.10 Group 2.....................$ 38.90 24.10 Group 3.....................$ 39.15 24.10 Group 4.....................$ 34.15 24.10 Group 5.....................$ 37.25 24.10 Group 6.....................$ 38.15 24.10 Group 1: Adzeman, Wrecking Laborer. Group 2: Burners, Jackhammers. Group 3: Small Backhoes, Loaders on tracks, Bobcat Type Loaders, Hydraulic ""Brock"" Type Hammer Operators, Concrete Cutting Saws. Group 4: Yardman (Salvage Yard Only). Group 5: Yardman, Burners, Sawyers. Group 6: Asbestos, Lead Paint, Toxic and Hazardous Waste. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0035‐010 07/01/2019 Rates Fringes PAINTER NEW CONSTRUCTION: Brush, Taper...............$ 32.33 26.35 Spray, Sandblast...........$ 34.03 27.00 REPAINT: Bridge.....................$ 50.66 27.00 Brush, Taper...............$ 29.65 26.35 Spray, Sandblast...........$ 31.35 27.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0004‐003 09/01/2019 FRANKLIN (Orange) Rates Fringes Plumber and Steamfitter..........$ 45.41 26.56 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * PLUM0104‐004 09/17/2019 BERKSHIRE (Becket, Otis, Sandisfield); FRANKLIN (Except Monroe, Rowe, and the Western part of Charlemont); HAMPDEN; HAMPSHIRE Rates Fringes Plumbers and Pipefitters.........$ 41.21 25.90 FOOTNOTE: A. Two paid holidays, Independence Day and Labor Day, provided the employee has been employed seven days prior to the holiday by the same employer ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * PLUM0104‐009 09/17/2019 BERKSHIRE (Except Otis, Becket, Sandisfield); FRANKLIN (Monroe, Rowe and the Western part of Charlemont) Rates Fringes Plumber and Steamfitter..........$ 41.21 25.90+a FOOTNOTE FOR PLUMBERS & STEAMFITTERS: A. Paid holidays: Independence Day and Labor Day, provided the employee has been employed seven days prior to the holiday by the same employer. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TEAM0379‐001 06/01/2019 Rates Fringes Truck drivers: Group 1.....................$ 34.08 25.1125+A+B Group 2.....................$ 34.25 25.1125+A+B Group 3.....................$ 34.32 25.1125+A+B Group 4.....................$ 34.44 25.1125+A+B Group 5.....................$ 34.54 25.1125+A+B Group 6.....................$ 34.83 25.1125+A+B Group 7.....................$ 35.12 25.1125+A+B POWER TRUCKS $.25 DIFFERENTIAL BY AXLE TUNNEL WORK (UNDERGROUND ONLY) $.40 DIFFERENTIAL BY AXLE HAZARDOUS MATERIALS (IN HOT ZONE ONLY) $2.00 PREMIUM TRUCK DRIVERS CLASSIFICATIONS Group 1: Station wagons; panel trucks; and pickup trucks Group 2: Two axle equipment; & forklift operator Group 3: Three axle equipment and tireman Group 4: Four and Five Axle equipment Group 5: Specialized earth moving equipment under 35 tons other than conventional type trucks; low bed; vachual; mechanics, paving restoration equipment Group 6: Specialized earth moving equipment over 35 tons Group 7: Trailers for earth moving equipment (double hookup) FOOTNOTES: A. PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Patriot's Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day B. PAID VACATION: Employees with 4 months to 1 year of service receive 1/2 day's pay per month; 1 week vacation for 1 ‐ 5 years of service; 2 weeks vacation for 5 ‐ 10 years of service; and 3 weeks vacation for more than 10 years of service ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ WELDERS ‐ Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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)). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SULA2012‐007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG‐OH‐0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 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 " "General Decision Number: MA20200020 01/03/2020 Superseded General Decision Number: MA20190020 State: Massachusetts Construction Type: Highway County: Hampshire County in Massachusetts. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above‐mentioned types of contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but it does not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)‐(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 * ENGI0004‐019 12/01/2019 Rates Fringes POWER EQUIPMENT OPERATOR Group 1.....................$ 48.73 29.25+A Group 2.....................$ 48.23 29.25+A FOOTNOTE FOR POWER EQUIPMENT OPERATORS: A. PAID HOLIDAYS: New Year's Day, Washington's Birthday, Labor Day, Memorial Day, Independence Day, Patriot's Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group 1: Broom/Sweeper; Crane; Gradall; Post Driver (Guardrail/Fences) Group 2: Bulldozer; Grader/Blade ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0098‐010 12/01/2016 Rates Fringes POWER EQUIPMENT OPERATOR Group 1.....................$ 33.68 23.96+A Group 2.....................$ 33.37 23.96+A Group 4.....................$ 32.54 23.96+A Footnote: A. Paid Holidays: New year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group 1: Backhoe/Excavator/Trackhoe; Bobcat/Skid Steer/Skid Loader; Loader Group 2: Milling Machine; Paver (Asphalt, Aggregate, and Concrete) Group 4: Roller ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0007‐027 03/16/2019 Rates Fringes IRONWORKER (ORNAMENTAL AND STRUCTURAL)......................$ 34.20 31.20 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0596‐008 12/01/2017 Rates Fringes LABORER (Traffic Control: Flagger).........................$ 21.50 19.91 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0999‐003 06/04/2018 Rates Fringes LABORER Common or General...........$ 31.00 22.19 Landscape...................$ 31.00 22.19 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0035‐023 07/01/2019 Rates Fringes PAINTER (Steel)..................$ 50.66 30.90 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SUMA2014‐010 01/11/2017 Rates Fringes CARPENTER, Includes Form Work....$ 40.64 20.80 CEMENT MASON/CONCRETE FINISHER...$ 52.13 20.89 ELECTRICIAN......................$ 47.13 13.41 IRONWORKER, REINFORCING..........$ 46.21 21.27 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 33.10 18.09 LABORER: Concrete Saw (Hand Held/Walk Behind)................$ 44.43 14.18 OPERATOR: Forklift..............$ 51.63 0.00 OPERATOR: Mechanic..............$ 48.14 17.02 OPERATOR: Piledriver............$ 43.87 18.04 PAINTER: Spray (Linestriping)....$ 37.50 18.83 TRAFFIC CONTROL: Laborer‐Cones/ Barricades/Barrels ‐ Setter/Mover/Sweeper.............$ 43.73 15.06 TRUCK DRIVER: Concrete Truck....$ 33.69 15.79 TRUCK DRIVER: Dump Truck........$ 30.00 18.18 TRUCK DRIVER: Flatbed Truck.....$ 48.53 0.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ WELDERS ‐ Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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)). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SULA2012‐007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG‐OH‐0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 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 " Shared Use & Sidewalk Ramps Project Northampton, MA 4‐1 SECTION 4 – CONTRACT AGREEMENT (CITY) Gen. Conditions 1 Contract #_____________ CITY OF NORTHAMPTON MASSACHUSETTS Contract Agreement for Construction of Northampton Shared Use and Sidewalk Ramps Project THIS AGREEMENT, executed this ____________________day of ____________, 2020 by and between ____________________________________________________________________________________ hereinafter called "Vendor" and the City of Northampton, a municipal corporation in the County of Hampshire, Commonwealth of Massachusetts, party of the second part hereinafter called "Owner." WHEREAS, the City is hiring the Vendor for the demolition, repair, and replacement of shared use path and sidewalk ADA compliant ramps around the City of Northampton to improve accessibility for users with disabilities and others. WITNESSETH, that for the consideration hereinafter mentioned, the Owner and the Vendor shall agree to the terms and conditions contained in this contract, enumerated as follows: 1. This Owner-Vendor Agreement with its attached contract documents terms 2. The attached bid and design specifications The Contractor agrees to perform the work in the base bid including any and all chosen alternates in accordance with the plans and specifications, break ground by May 4, 2020, have construction substantially complete by June 15, 2020 and fully complete by July 1, 2020. THE OWNER shall pay the Vendor for the performance of this contract in the sum of _________________________________ Dollars ($_______) in accordance with the terms of this contract and the project manpower budget. Notwithstanding any language in the contract documents all work must be completed by June 30, 2020 in order to comply with the terms of the grant funding this work and no contract amendment can be extended beyond that time. The City will not pay for any work beyond this time period. The Vendor shall email weekly certified payroll records, without any portion of social security numbers included, apprentice training identification cards for each apprentice on the payroll, if any, and proof of OSHA 10 Certification, if applicable. The Vendor hereby commits to purchasing some supplies and services from certified minority or women-owned business, small businesses, or businesses owned by socially or economically disadvantages persons or persons with disabilities. This contract shall not be altered in any particular without the consent of all parties to this contract. All alterations to this contract must be in writing and authorized as such by the Mayor and the Director of Planning and Sustainability. The Vendor shall not delegate, assign or transfer any of its duties delineated in the scope of services without prior written consent from the CITY. In the event the Vendor is a corporation a certificate that the person executing this contract is duly Gen. Conditions 2 authorized to sign, must accompany this contract. Notwithstanding anything in the Contract documents to the contrary, any and all payments which the City is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the City Auditor. Obligations for payments beyond the current fiscal year are subject to appropriation and this Contract shall be canceled in the event of non-appropriation. Final payment on this contract shall release and discharge the Owner from any and all claims against the Owner on account of any work performed hereunder, or any alteration hereto. The Vendor shall indemnify and hold harmless, the CITY and all of its officers, agents, and employees against all suits, claims or liabilities of every nature, arising out of, or in consequence of, the acts or omissions of the Vendor, its employees, agents, or sub-contractors in connection with their rendering of services or goods under this AGREEMENT and will, at the Vendor’s own cost and expense, defend any and all such suits and actions By signing this contract the Vendor agrees to subject any dispute to mediation, at the option of the City, prior to filing suit in any forum. This contract shall be deemed to be a Massachusetts contract and its interpretation and construction shall be governed by the laws of Massachusetts and the Charter and Ordinances of the Owner. The provisions of this contract are severable. If any provision of this contract shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect any other provisions of this contract. The City of Northampton is not bound by this contract until approved by the Mayor of Northampton. Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I have, to my best knowledge and belief, complied with the law of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. I further authorize the City of Northampton to deduct from the amounts due under this contract, any overdue taxes, real or personal, or any other fees due to the City of Northampton from the vendor which become due and payable by the vendor or its officers, directors or agents during the term of this contract or until the final amounts due under this contract are paid in full. The Contractor certifies that a) neither it nor any of its subcontractors have been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c. 149, c. 151, or the Fair Labor Standards Act within three (3) years prior to the date of the Contract, or b) that if it or any of its subcontractors have been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c. 149, c. 151, or the Fair Labor Standards Act within three (3) years prior to the date of the Contract, the Contractor has provided copies of any such judgment, citation, determination or order to the City prior to the date of the Contract and has procured a wage bond or insurance. The Contractor certifies that while the Contract is in effect, it will report any instance of the above to the City within five (5) days of Contractor's receipt. Gen. Conditions 3 The vendor does not have a Northampton office. IN WITNESS WHEREOF the Owner caused these presents to be signed in quadruplicate and approved by David Narkewicz its Mayor and the said Vendor has caused these presents to be signed in quadruplicate and its official seal to be hereto affixed by its officer or agent thereunto duly authorized (by the attached corporate resolution). This instrument shall take effect as a sealed instrument. _____________________________, Vendor it's __________________ Authorized Signatory Title Date Certificate by Corporation to Sign Contract At a duly authorized meeting of the Board of Directors of the _____________________________held on __________. (Date) At which all the Directors were present or waived notice, it was voted that, the Authorized Signatory of this company, be and he hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company's name on its behalf by such officer under seal of the company, shall be valid and binding upon this company, A TRUE COPY, ATTEST: (Clerk) Place of Business: Date of this Contract: CITY OF NORTHAMPTON: ______________________Date ____________ Wayne Feiden, FAICP, Director of Planning and Development _______________________Date ___________ Joyce Karpinski, City Auditor, approved as to appropriation. _______________________Date ____________ Joe Cook, Chief Procurement Officer, approved as to form and c. 30B compliance Date Mayor David Narkewicz Gen. Conditions 4 1. ARTICLE 1 CONTRACT DOCUMENTS 1..1. Definitions 1..1..1. The Contract Documents: The Contract documents consist of the Owner-Contractor Agreement, Advertisement, Bidding Documents, Contract Forms, Conditions of the Contract, Specifications, Drawings, and all addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Director pursuant to Subparagraph 2.2.8, or (4) a written order for a minor change in the work issued by the Director pursuant to Paragraph 12.4. 1..1..2. The Contract: The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.1. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Director and the Contractor, but the Director shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner or the Director and any Subcontractor or Sub-subcontractor. 1..1..3. The Work: The Work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. 1..1..4. The Project: The project is the total construction of which the Work performed under the Contract Documents may be the whole or a part. 1..2. Execution, Correlation and Intent 1..2..1. The Contract Documents shall be signed in triplicate by the Owner and Contractor. If either the Owner or the Contractor or both do not sign the Conditions of the Contract, Drawings, Specifications, or any of the other Contract Documents, the Director shall identify such Documents. 1..2..2. By executing the Contract, the Contractor represents that they have visited the site, familiarized himself with the local conditions under which the work is to be performed, and correlated his observations with the requirements of the Contract Documents. 1..2..3. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. In case of inconsistent requirements in the Contract Documents the requirements for the greater quantity or higher quality shall take precedence and shall be the Contract requirement. 1..2..4. The organization of the specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1..2..5. Where used in conjunction with the Director`s or Engineer`s response to submittals, requests, applications, inquiries, reports and claims by the Contractor, the meaning of the term "approved" will be held to the limitations of the Director`s responsibilities and duties as specified in the General and Gen. Conditions 5 Supplementary Conditions. In no case will "approval" by the Director be interpreted as an assurance to the Contractor that the requirements of the Contract Documents have been fulfilled. 1..2..6. Where reference is made to standards or trade association publications, it shall mean to refer to the latest edition and revision thereof, if any, in effect on the date of the contract Documents. 1..2..7. Except as otherwise defined in context, the following words, terms, and phrases shall mean as follows: (1) "as shown," "as indicated," "as detailed," or "as noted" shall mean "as shown (indicated, etc.) on drawings or any other diagrammatic or written reference on the Drawings." (2) "Provide" shall mean "furnish and install, complete and ready for intended use." (3) "Directed," "required," "permitted," "ordered," "designed," "prescribed," and similar words shall mean the "direction (requirement, permission, order, designation, or prescription) of the Director." (4) "Approved," "acceptable," "satisfactory," and similar words shall mean "approved by (acceptable or satisfactory to) the Director". (5) "Necessary," "responsible," "proper," "correct," and similar words shall mean "necessary (reasonable, proper, or correct) in the judgment of the Director." 1..2..8. Words in the singular shall also mean and include the plural, wherever the context so indicates, and words in the plural shall mean the singular, wherever the context so indicates. 1..3. Ownership and Use of Documents 1..3..1. All Drawings, Specifications and copies thereof furnished by the Director are and shall remain his property. They are to be used only with respect to his project and are not to be used any other project. With the exception of one contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the Director on request at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Director's common law copyright or other reserved rights. 2. ARTICLE 2 Director 2..1. Definition 2..1..1. The duly authorized representative of the Owner that is responsible for the satisfactory completion of the project. Wayne Feiden, Director of Planning and Sustainability, is the Director for this project. 2..2. Administration of the Contract 2..2..1. The Director will provide administration of the Contract as hereinafter described. 2..2..2. The Director will be the Owner's representative during construction and until final payment is due. The Director will advise and consult with the Owner. The Owner's instructions to the Contractor shall be forwarded through the Director. The Director will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with Subparagraph 2.2.18. 2..2..3. The Director will visit the site at intervals appropriate to the stage of construction to Gen. Conditions 6 familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Director will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of his on-site observations as an Director, he will keep the Owner informed of the progress of the work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 2..2..4. The Director will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Director will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 2..2..5. The Director shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Director may perform his functions under the Contract Documents. 2..2..6. Based on the Directors observations and an evaluation of the Contractor's Applications for Payment, the Director will determine the amounts owing to the Contractor and will issue Certificates for Payment in such amounts, as provided in Paragraph 9.4. 2..2..7. The Director will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. 2..2..8. The Director will render interpretations necessary for the proper execution or progress of the Work, with reasonable promptness and within thirty (30) days of request for interpretation, in accordance with Subparagraph 3.2.8. Either party to the Contract may make written request to the Director for such interpretations. 2..2..9. Claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Director for decision which will render in writing within thirty (30) days. 2..2..10. All interpretations and decisions of the Director shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. In his capacity as interpreter and judge, he will endeavor to secure faithful performance by both the Owner and the Contractor, will not show partiality to either, and will not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 2..2..11. The Director's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 2..2..12. The Director's decision shall be subject to the Contractor's right of appeal to the Administrator, as set forth in Subparagraph 7.9. 2..2..13. The Director will have authority to reject Work which does not conform to the Contract Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.7.2 whether or not such Work be then fabricated, installed or completed. However, neither the Director's authority to act under this Subparagraph 2.2.13, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Director to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 2..2..14. The Director will review and approve or take other appropriate action upon Gen. Conditions 7 Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Director's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2..2..15. The Director will prepare Change Orders in accordance with Article 12, and will have authority to order minor changes in the Work as provided in Subparagraph 12.4.1. 2..2..16. The Director will conduct inspections to determine the dates of Substantial Completion and final completion, will receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 9.9. 2..2..17. If the Owner and Director agree, the Director will provide one or more Project Representatives to assist the Director in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Project Representative shall be as explained by the Director at a pre-construction meeting. 2..2..18. The duties, responsibilities and limitations of authority of the Director as the Owner's representative during construction as set forth in the Contract Documents will not be modified or extended without written consent of the Owner, the Contractor and the Director. 2..2..19. In case of the termination of the employment of the Director, the Owner shall appoint an Director whose status under the Contract Documents shall be that of the former Director. 3. ARTICLE 3 OWNER 3..1. Definition 3..1..1. The term "Owner", sometimes also referred to as the "Awarding Authority" or "Authority" means the City of Northampton identified in the Owner-Contractor Agreement, a public body, politic and corporate, organized and existing under the laws of the Commonwealth of Massachusetts. No member of the City shall in any way, directly or indirectly be personally liable under any of the provisions of this Contract. 3..1..2. The term "Administrator" means the Director as defined in Article 2.0. 3..1..3. The City and its authorized representatives and agents shall at all times have access to, and be permitted to observe and review all Work, materials, payrolls, records of personnel, conditions of employment, invoices of materials, and other relevant data and records. 3..1..4. All communications, except for protests or disputes, of the Contractor to the Department and its representatives and agents must be forwarded through the Director. They shall be in writing, addressed to the Department and be considered given if delivered to the office of Director either by hand or if in a sealed, postage prepaid envelope, addressed to the Department c/o the Director: or if delivered prepaid to a telegraph office for transmission to the Director's office. 3..1..5. Items requiring the Administrator's countersignature as per sub-paragraph 3.1.8 shall be valid only with the signature of the Administrator or with the signature of those designated to act in his/her stead. Gen. Conditions 8 3..1..6. Items requiring the Administrator's countersignature to be valid shall include but not be limited to the following: (1) Approval, substitutions, and final selection of Sub- Bidders pursuant to M.G.L. Section 44F of Chapter 149. (2) Change Orders, whether or not they affect a change in the Contract Sum or in the Contract Time. (3) Written orders, notices, and approvals given by the Owner pursuant to the Contract Documents or pursuant to any Laws applicable to this Contract. (4) Stop Work order. (5) Certificate of Substantial Completion. (6) Final payment. (7) Termination of Contract. 3..1..7. In any instance needing clarification as to whose signature is required, the Contractor shall seek clarification in writing from the Director. 3..1..8. Work undertaken by the Contractor or a Subcontractor at the Owner's or any other person's order without the Administrator's countersignature prior to the start of such work shall be considered unauthorized work shall not be considered cause for any extra payment on account of the Contract, and the Contractor or Subcontractor shall be responsible for performing, at their own expense any corrective measures required by the Administrator. 3..2. Information and Services Required of the Owner 3..2..1. The Owner shall, at the request of the Contractor, at the time of execution of the Owner-Contractor Agreement, furnish to the Contractor reasonable evidence that he has made financial arrangements to fulfill his obligations under the Contract. Unless such reasonable evidence is furnished, the Contractor is not required to execute the Owner-Contractor Agreement or to commence the Work. 3..2..2. The Owner shall furnish all surveys describing the physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 3..2..3. Except as provided in Subparagraph 4.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 3..2..4. Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Work. 3..2..5. The Owner will furnish to the Contractor, free of charge, all copies of Contract Documents reasonably necessary for the execution of the Work, including one set for record purposes. In addition, the Owner, through the Director, will furnish to the Contractor a reproducible transparency and one black line print of details and clarification drawings issued after the Contract has been awarded. The Contractor, at his own expense, shall provide and distribute such number of prints of these transparencies as required for his own and his Subcontractors' use. 3..2..6. The Owner shall forward all instructions to the Contractor through the Director. Gen. Conditions 9 Communications shall be in writing and be considered given if delivered at the office of the Contractor; or if in a sealed, postage-prepaid envelope addressed to the Contractor's office and deposited in the United States mail; or if delivered prepaid to a telegraph office for transmission to the Contractor's office. 3..2..7. The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Work by Owner or by Separate Contractors, Payments and Completion, and insurance in Articles 6,9 and 11 respectively. 3..2..8. Pursuant to Chapter 30 of the General Laws, the following Section 39 P is included herein in its entirety. Every contract subject to Section 39 M of this Chapter or Section 44 A of Chapter 149 which requires the City, any official, its Director or engineer to make a decision on interpretation of the specifications, approval of equipment, material or any other approval, or progress of the work, shall require that the decision be made promptly and, in any event, no later than thirty days after the written submission for decision: but if such decision requires extended investigation and study, the awarding authority, the official, Director or engineer shall, within thirty days after the receipt of the submission, give the party making the submission written notice of the reasons why the decision cannot be made within the thirty-day period and the date by which the decision will be made. 3..3. Owner's Right To Stop The Work 3..3..1. If the Contractor fails to correct defective Work as required by Paragraph 13.2 or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 3..3..2. Pursuant to Chapter 30 of the General Laws, the following provisions (a) and (b) of Section 39 O are included herein in their entirety: (a) The Awarding Authority may order the General Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as it may determine to be appropriate for the convenience of the Awarding Authority; provided, however, that if there is a suspension, delay or interruption for fifteen days or more due to a failure of the Awarding Authority to act within the time specified in this contract, the Awarding Authority shall make an adjustment in the Contract price for any increase in the cost of performance of this Contract, but shall not include any profit to the General Contractor on such increase; and provided further, that the Awarding Authority shall not make any adjustment in the Contract Price under this provision for any suspension, delays, interruption or failure to act to the extent that such is due to any cause for which this Contract provides for an equitable adjustment of the Contract Price under any other provisions. (b) The general contractor must submit the amount of a claim under provision (a) to the awarding authority in writing as soon as practicable after the end of the suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this contract and, except for costs due to a suspension order, the awarding authority shall not approve any costs in the claim incurred more than twenty days before the general contractor notified the awarding authority in writing of the act or failure to act involved in the claim. 3..4. Owner's Right To Carry Out the Work 3..4..1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting Gen. Conditions 10 from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Director's additional services made necessary by such default, neglect or failure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Director. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 4. ARTICLE 4 CONTRACTOR 4..1. Definition 4..1..1. The "Contractor" sometimes referred to as the "General Contractor", is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his authorized representative. 4..2. Review of Contract Documents 4..2..1. The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Director any error, inconsistency or omission they may discover. The Contractor shall not be liable to the Owner or the Director for any damage resulting from any such errors, inconsistencies or omissions in the Contract Documents. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Shop Drawings, Product Data or Samples for such portion of the Work. 4..2..2. The Contractor shall compare all grades, lines, levels, and dimensions shown on the Drawings with actual site conditions, and before commencing work they shall promptly report to, and await for the reply from the Director, any inconsistencies he may discover. The Director shall reply within five working days. 4..3. Supervision and Construction Procedures 4..3..1. The Contractor shall supervise and direct the Work, using his best skill and attention. To this end, he shall employ a superintendent who shall be on the site all times work is in progress. He shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. 4..3..2. The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. 4..3..3. The Contractor shall not be relieved from his obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Director in his administration of the Contract, or by inspections, tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor. 4..3..4. The Contractor, at his own expense, shall do all engineering required for establishing grades, lines, levels, dimensions, layouts, and reference points for all trades; shall be responsible for maintaining bench marks and other survey marks; and shall replace as directed any bench marks or survey marks which have been disturbed or destroyed. 4..3..5. Unless otherwise required under the Contract Documents, or directed in writing by the Director, all Work shall be done during regular working hours. However, if the Contractor desires to carry Gen. Conditions 11 on the Work outside of regular working hours or Saturdays, Sundays, or Massachusetts holidays he shall allow ample time to enable satisfactory arrangements to be made for inspecting work in progress and shall bear all cost with respect thereto. The Owner shall bill the Contractor directly for such costs. Work done outside of regular working hours without the consent or knowledge of the Director shall be subject to additional inspection and testing directed by the Director. The cost of this testing shall be paid by the Contractor whether the Work is found to be acceptable or not. 4..4. Labor and Materials 4..4..1. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 4..4..2. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 4..4..3. Except where otherwise specifically provided to the contrary, the words "or equal" are hereby inserted immediately following the naming or describing of each article, assembly, system, or any component part thereof, in any of the Contract Documents. In accordance with Section 39M of Chapter 30 of the General Laws "an item shall be considered equal to the item so named or described if (1) it is at least equal in quality, durability, appearance, strength, and design, (2) it will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased, and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the said specifications". However, the Contractor and the Subcontractors are required to submit to the Director for consideration as to its equality, a written notice containing the name and full particulars pertaining to any items other than the specific or specifics named or described in the Contract Documents. Such submittal shall in no event be made later than 120 calendar days prior to the incorporation of the item into the Work, except in any case in which (1) the period of time specified in the Contract Documents for Substantial completion of the Work is less than 120 calendar days form the time of execution of the Contract. The aforesaid written notice shall be submitted to the Director immediately following the execution of the Contract. Upon receipt of such written notice, the Director shall investigate whether the item in question shall be considered equal to the item named or described in the Contract Documents. Upon conclusion of the investigation, the Director shall, in writing, promptly advise the Contractor that the item in question is, or is not, considered the equal of the item named or described as aforesaid, and that said item may, or may not, be furnished on the Work accordingly. Such notice must have the concurrence of the Department to be valid. In no case may an item be furnished on the Work other than the item named or described, unless the Director shall consider the item equal to the item so named or described, as provided by law. 4..4..4. The equality of items offered as "equal" to the items named or described shall be proved to the satisfaction of the Director at the expense of the Contractor or Subcontractor submitting the substitution. 4..4..5. The Contractor or Subcontractor, as the case may be, shall assume full responsibility for the prior performance of any item submitted as "equal" to the specific or specifics named and assume the costs of any changes in his own Work or in the Work of other trades which may be due to such substitution. Gen. Conditions 12 4..5. Warranty 4..5..1. The Contractor warrants to the Owner and the Director that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Director, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Paragraph 13.2. 4..6. Taxes 4..6..1. The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. 4..6..2. The Owner is exempt from payment of the Commonwealth of Massachusetts Sales Tax. 4..7. Permits, Fees and Notices 4..7..1. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and for all other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work, which are customarily secured after execution of the Contract and which are legally required at the time the bids are received. 4..7..2. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 4..7..3. It is not the responsibility of the Contractor to make certain that the Contract Documents are in accordance with applicable laws, statutes, building codes and regulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Director in writing, and any necessary changes shall be accomplished by appropriate Modification. 4..7..4. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Director, he shall assume full responsibility therefor and shall bear all costs attributable thereto. 4..8. Allowances (intentionally deleted) 4..9. Superintendent 4..9..1. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be so confirmed on written request in each case. 4..10. Progress Schedule 4..10..1. The Contractor, immediately after being awarded the Contract, shall prepare and submit for the Owner's and Director's information an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 4..10..2. The progress schedule shall show by bar graph or critical path method, as acceptable to the Director, in sufficient detail, clearly the interrelationships between the various construction operations and the percentage of completion and the dollar value on the first day of each month for the Work in each Section of the Specifications and also for the entire work. The graph shall also show the date that the Work in each Section commenced. Gen. Conditions 13 4..10..3. A copy of the progress schedule shall be kept in the Contractor's field office and be brought up to date each month to show the actual progress of the Work. 4..11. Documents and Samples at the Site 4..11..1. The Contractor shall maintain at the site for the Owner one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be available to the Director and shall be delivered to him for the Owner upon completion of the Work. 4..12. Shop Drawings, Product Data and Samples 4..12..1. Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or Distributor to illustrate some portion of the Work. 4..12..2. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the contractor to illustrate a material, product or system for some portion of the Work. 4..12..3. Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 4..12..4. The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. 4..12..5. By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field measurements and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 4..12..6. The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Director's approval of Shop Drawings, Product Data or Samples under Subparagraph 2.2.14 unless the Contractor has specifically informed the Director in writing of such deviation at the time of submission and the Director has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Director's approval thereof. 4..12..7. The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Director on previous submittals. 4..12..8. No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Director as provided in Subparagraph 2.2.14. All such portions of the Work shall be in accordance with approved submittals. 4..13. Use of Site 4..13..1. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Gen. Conditions 14 4..14. Cutting and Patching of Work 4..14..1. The Contractor shall be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 4..14..2. The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the Owner or any separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold from the Owner or any separate contractor his consent to cutting or otherwise altering the Work. 4..15. Cleaning Up 4..15..1. The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials. 4..15..2. If the Contractor fails to clean up at the completion of the Work, the Owner may do so as provided in Paragraph 3.4 and the cost thereof shall be charged to the Contractor. 4..16. Indemnification 4..16..1. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Director and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 4.18. 4..16..2. In any and all claims against the Owner or the Director or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 4.18 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 4..16..3. The obligations of the Contractor under this Paragraph 4.18 shall not extend to the liability of the Director, his agents or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Director, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. 5. ARTICLE 5 SUBCONTRACTORS 5..1. Definition 5..1..1. A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Gen. Conditions 15 The term Subcontractor does not include any separate contractor or his subcontractors. 5..1..2. A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform any of the Work at the site. The term Sub-subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub-subcontractor or an authorized representative thereof. 5..2. Award of Subcontracts and Other Contracts For Portions of the Work 5..2..1. Unless otherwise required by the Contract Documents or the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Owner and the Director in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. The Director will promptly reply to the Contractor in writing stating whether or not the Owner or the Director, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Director to reply promptly shall constitute notice of no reasonable objection. 5..2..2. The Contractor shall not contract with any such proposed person or entity to whom the Owner or the Director has made reasonable objection under the provisions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom he has a reasonable objection. 5..2..3. If the Owner or the Director has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the Owner or the Director has no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting names as required by Subparagraph 5.2.1. 5..2..4. The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner or Director makes reasonable objection to such substitution. 5..2..5. Paragraphs 5.2.1. through 5.2.4 apply to any sub-trade included in Item 1 of the Form for General Bid. 5..2..6. The award of subcontracts for any sub-trade included in Item 2 of the Form for General Bid shall be in accordance with Chapter 149, Sections 44A to 44H, M.G.L. 5..3. Subcontractural Relations 5..3..1. By an appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and the Director. Said agreement shall preserve and protect the rights of the Owner and the Director under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor-Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with his Subsubcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3, and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make copies of such documents available to his Sub-subcontractors. 5..3..2. Paragraph 5.3.1 applies to Subcontractors for sub-trades included in Item 1 of the Form for General Bid. Gen. Conditions 16 5..3..3. The Contractor and each Subcontractor for a sub-trade listed in Item 2 of the form for General Bid shall execute a Subcontract in accordance with M.G.L. Chapter 149, Section 44F. 6. ARTICLE 6 DELETED 7. ARTICLE 7 MISCELLANEOUS PROVISIONS 7..1. Governing Law 7..1..1. The Contract shall be governed by the law of the place where the Project is located. 7..2. Successors and Assigns 7..2..1. The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Owner. 7..3. Written Notice 7..3..1. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. 7..4. Claims For Damages 7..4..1. Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his employees, agents or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 7..5. Performance Bond and Labor And Material Payment Bond 7..5..1. The Owner shall have the right to require the Contractor to furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder if and as required in the Bidding Documents or in the Contract Documents. 7..6. Rights And Remedies 7..6..1. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 7..6..2. No action or failure to act by the Owner, Director or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 7..7. Tests 7..7..1. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any portion of the Work to be inspected, tested, or approved, the Contractor shall give the Director timely notice of its readiness so the Director may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals conducted by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspections, tests or Gen. Conditions 17 approvals. 7..7..2. If the Director determines that any Work requires special inspection, testing or approval which Subparagraph 7.7.1 does not include, he will, upon written authorization from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in Subparagraph 7.7.1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents, the Contractor shall bear all costs thereof, including compensation for the Director's additional services made necessary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7..7..3. Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered by him to the Director. 7..7..4. If the Director is to observe the inspections, tests or approvals required by the Contract Documents, he will do so promptly and, where practicable, at the source of supply. 7..8. Interest 7..8..1. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing at the place of the Project. 7..9. Disputes 7..9..1. Claims, disputes, and other matters in question between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof, except as provided in Subparagraph 2.2.11 with respect to the Director's decisions on matters relating to artistic effect, and except for claims which have been waived by the making or acceptance of final payment as provided by Subparagraph 9.9.4 and 9.9.5. shall be decided by the Director subject to the right of appeal to the City Solicitor. If the Director fails to render a decision within thirty calendar days after receiving written notice of claim, either party may request a written decision from the City Solicitor. 7..9..2. Appeal of an Director's decision must be made directly to the City Solicitor by certified mail (copy to the Director and Owner) within twenty-one calendar days after the date on which the party making the appeal receives the Director's written decision. Failure to appeal within this period will result in the Director's decision becoming final and binding upon the Owner and the Contractor. Appeal procedures shall be in conformance with M.G.L. Chapter 30, Section 39Q which provides as follows: (a) Dispute regarding changes in and interpretations of the terms or scope of the Contract and denials of or failures to act upon claims for payment for extra work or materials shall be resolved according to the following procedures, which shall constitute the exclusive method for resolving such disputes. Written notice of the matter in dispute shall be submitted promptly by the claimant to the chief executive official of the state agency which awarded the contract or his/her designee. No person or business entity having a contract with a state agency shall delay, suspend, or curtail performance under that contract as a result of any dispute subject to this section. Any disputed order, decision, or action by the agency or its authorized representative shall be fully performed or complied with pending resolution of the dispute. (b) Within thirty days of submission of the dispute to the chief executive official of the state agency or his/her designee, s/he shall issue a written decision stating the reasons therefor, and shall notify the parties of their right of appeal under this section. If the official or his/her designee is unable to issue a decision within thirty days, s/he shall notify the parties to the dispute in writing of the reasons why a decision cannot be issued within thirty days and of the date by which the decision shall issue. Failure to issue a decision within the thirty-day period of within the additional time period specified in such written notice shall be deemed to constitute a denial of the claim and shall authorize resort to the appeal procedure described below. The decision of the chief executive Gen. Conditions 18 official or his/her designee shall be final and conclusive unless an appeal is taken as provided below. (c) Within twenty-one calendar days of the receipt of a written decision or of the failure to issue a decision as stated in the preceding subparagraph, any aggrieved party may file a notice of claim for an adjudicatory hearing with the division of hearing officers or if the amount in controversy exceeds ten thousand dollars in lieu of appealing the decision of the chief executive official, the aggrieved party may file an action directly in a court of competent jurisdiction and shall serve copies thereof upon all other parties in the form and manner prescribed by the rules governing the conduct of adjudicatory proceedings of the division of hearing officers. The appeal shall be referred to a hearing officer experienced in construction law and shall be prosecuted in accordance with the formal rules of procedure for the conduct of adjudicatory hearings of the division of hearing officers, except as provided below. The hearing officer shall issue a final decision as expeditiously as possible, but in no event more than one hundred and twenty calendar days after conclusion of the adjudicatory hearings, unless the decision is delayed by a request for extension of time for filing post-hearing briefs or other submissions assented to by all parties. Whenever, because an extension of time has been granted, the hearing officer is unable to issue a decision within one hundred and twenty days, s/he shall notify all parties of the reasons for the delay and the date when the decision will issue. Failure to issue a decision with in the one hundred and twenty-day period or within the additional period specified in such written notice shall give the petitioner the right to pursue any legal remedies available to him/her without further delay. (d) When the amount in dispute is less then ten thousand dollars, a contractor who is party to the dispute may elect to submit the appeal to a hearing officer experienced in construction law for expedited hearing in accordance with the informal rules of practice and procedure of the division of hearing officers. An expedited hearing under this subparagraph shall be available at the sole option of the contractor. The hearing officer shall issue a decision no later than sixty days following the conclusion of any hearing conducted pursuant to this subparagraph. The hearing officer's decision shall be final and conclusive, and shall not be set aside except in cases of fraud. 7..9..3. The Contractor shall proceed with the disputed Work as directed by the Director. Notice must be given to the Project Representative by the Contractor's superintendent every day that disputed Work is to be performed. Accurate records of the nature and extent of the disputed Work and of the time spent and equipment used on the disputed Work shall be maintained by the superintendent and verified daily by the Project Representative. 7..10. Record Keeping and Management Controls 7..10..1. The Contractor shall make and retain for at least six years after final payment records which reflect the transactions and dispositions of the firm in accordance with the requirements of M.G.L. Chapter 30, Section 39R (b). 7..10..2. These records and the subcontractor's records pertaining to this Contract shall be available for examination by the Owner, Department, Division of Capital Planning and Operations, and Inspector General for six years after final payment. 7..10..3. Prior to execution of the Contract the Contractor shall submit a statement of management on internal accounting controls to the Owner in conformance with M.G.L. Chapter 30, Section 39R (c). The system of controls must reasonably assure that: (a) transactions are executed in accordance with management's general and specific authorization: (b) the transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles and to maintain accountability for asset: (c) access to assets is permitted only in accordance with management's authorization: and Gen. Conditions 19 (d) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action was taken with respect to any difference. 7..10..4. The statement of management on internal accounting controls must have been reviewed by an independent certified public accountant (CPA), and that CPA shall file a statement with the Owner in conformance with the requirements of M.G.L. Chapter 30, Section 39R (c). The CPA's statements must: (a) state that the internal accounting controls statement was examined: (b) express an opinion as to whether management's statement of internal accounting controls is consistent with management's evaluation of the system of internal accounting controls; and (c) express an opinion as to whether the statement is reasonable with respect to transactions and assets of material amounts in the context of the firm's overall financial picture. 7..10..5. The Contractor shall submit to the Owner annually during the term of the Contract a financial statement prepared by an independent CPA. This statement shall be based on an audit of the firm's records in accordance with the requirements of M.G.L. Chapter 30, Section 39R (a) (5). The financial statement shall be accompanied by an accountant's report in accordance with the requirements of M.G.L. Chapter 30, Section 39R (a) (6) stating: 1. the scope of the audit made by the CPA and 2. the CPA's opinion of the financial statement as a whole and exceptions and qualifications to that opinion or 3. The CPA's statement, with reasons, that an overall opinion cannot be expressed. The accountant's report shall include a signed statement by the responsible corporate officer attesting that all material facts were disclosed to the CPA and that the financial statement is a true and complete statement of financial condition. 7..10..6. Changes in the method of record keeping which materially affect any of the statements required by Subparagraph 7.10.3 through 7.10.5 shall be reported to the Owner. State the change, the reason for it, and the date of the change. Include a statement from the CPA approving or commenting on the change in conformance with M.G.L. Chapter 30, Section 39R (b) (3). 7..10..7. Subparagraph 7.10.3 through 7.10.6 shall apply only to filed subcontractors and general contractors whose contracts exceed $100,000. 8. ARTICLE 8 TIME 8..1. Definitions 8..1..1. Unless otherwise provided, the Contract Time is the period of time allotted in the Contract Documents for Substantial Completion of the Work as defined in Subparagraph 8.1.3., including authorized adjustments thereto. The Contract Time is from the signing of the contract to June 30, 2020. Because of the nature of the contract funding for this project, no extension is possible. 8..1..2. The date of commencement of the Work is the date established in a notice to proceed. If there is no notice to proceed, it shall be the date of the Owner-Contractor Agreement or such other Gen. Conditions 20 date as may be established therein. 8..1..3. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Director when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended. 8..1..4. The term day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. 8..2. Progress and Completion 8..2..1. All time limits stated in the Contract Documents are of the essence of the Contract. 8..2..2. The Contractor shall begin the Work on the date of commencement as defined in Subparagraph 8.1.2. He shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8..3. Delays and Extension of Time 8..3..1. If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Director, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the Owner pending appeal to and decision by the Administrator", or by any other cause which the Director determines may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Director may determine. 8..3..2. Any claim for extension of time shall be made in writing to the Director not more than twenty days after the commencement of the delay; otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 8..3..3. If no agreement is made stating the dates upon which interpretations as provided in Subparagraph 2.2.8 shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretations until fifteen days after written request is made for them, and not then unless such claim is reasonable. 8..3..4. This Paragraph 8.3 does not exclude the recovery of damages for delay by either party under other provisions of the Contract Documents. 8..3..5. The Contractor and the Surety of the Contractor's performance bond shall be jointly and severally liable for, and shall pay to the Owner the expenses for inspection of Work performed after the time stipulated in the Owner-Contractor Agreement for Substantial Completion. Such inspection costs shall include fees paid to the Director as extra services at the rate stipulated in the Contract for Directorural Services between the Owner and the Director, the costs of the Project Representative at the current salary rate and any other direct expenses due to inspection. In no case, however, shall the total amount of inspection costs exceed an aggregate total computed at the rate of two hundred dollars per day. The Owner may retain from monies otherwise due the Contractor whatever sums accrue to the Owner pursuant to this provision. The Contractor shall not be liable for inspection costs for delay in performance as provided hereunder for any period for which an extension of the Contract Time has been granted pursuant to the provisions of Subparagraph 8.3.1. Gen. Conditions 21 9. ARTICLE 9 PAYMENTS AND COMPLETION 9..1. Contract Sum 9..1..1. The Contract Sum is stated in the Owner-Contract Agreement and, including authorized adjustments thereto, is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 9..2. Schedule of Values 9..2..1. Before the first Application for Payment, the Contractor shall submit to the Director a schedule of values allocated to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Director may require. This schedule, unless objected to by the Director, shall be used only as a basis for the Contractor's Applications for Payment. 9..2..2. The Schedule of Values shall contain a separate item for each Section of these Specifications broken down in such form as the Director may require. Each item in the schedule of values shall include its proper share of overhead and profit. 9..3. Application for Payment 9..3..1. Once each month, on a date established at the beginning of the Work, the Contractor shall deliver to the Director by hand or by registered or certified mail with return receipt an itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the Director may require, and reflecting retainage as provided in Paragraph 9.5 as supplemented. Such Application for Payment shall be submitted on a form supplied by the Director. The form shall show separately: (1) The value of Labor and materials incorporated in the Work. (2) The value, kind, and quantity of each item of material or equipment not incorporated in the Work but delivered and suitably stored at some other location agreed upon in writing. (3) The value, kind, and quantity of each item of material or equipment not incorporated in the Work but suitably stored at some other location agreed upon in writing. (4) All Change Orders approved up to the date of the Application for Payment. 9..3..2. In no event may materials or equipment be deemed delivered and suitably stored at the site (or at some other location agreed upon in writing), unless the following requirements are met: (1) The materials or equipment are ready for an actually scheduled for prompt use, as so-called stockpiling is expressly forbidden, except as otherwise specified or permitted by the Director. (2) The materials or equipment meet the requirements of the Contract Documents and required submittals have been approved by the Director. (3) The Contractor can and will adequately protect the materials or equipment until they are incorporated in the Work. (4) The Contractor will pay storage charges and related expenses if materials or equipment are stored at some other location agreed upon in writing. 9..4. Certificates For Payment 9..4..1. The Director will, within seven days after the receipts of the Contractor's Application for Payment, either issue a Certificate for Payment to the Owner, with a copy to the Contractor, for Gen. Conditions 22 such amount as the Director determines is properly due, or notify the Contractor in writing his reasons for withholding a Certificate as provided in Subparagraph 9.6.1. 9..4..2. The issuance of a Certificate for Payment will constitute a representation by the Director to the Owner, based on his observations at the site as provided in Sub-paragraph 2.2.3 and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents, correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the contractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Director shall not thereby; be deemed to represent that he has made exhaustive or continuous on-site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum. 9..5. Progress Payments 9..5..1. After the Director has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. 9..5..2. The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, require each Subcontractor to make payments to his Sub-subcontractors in similar manner. 9..5..3. The Director may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding the percentages of completion or the amounts applied for by the Contractor and the action taken thereon by the Director on account of Work done by such Subcontractor. 9..5..4. Neither the Owner nor the Director shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by law. 9..5..5. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents. 9..5..6. After the Director has issued a Certificate for Payment the Owner shall make payment to the Contractor in accordance with Section 39K of Chapter 30 of the General Laws which provides as follows: Within 15 days after receipt from the Contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the City will make a periodic payment to the Contractor for the Work performed during the preceding month and for the materials not incorporated in the Work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the Contractor has title or to which a subcontractor has title and has authorized the Contractor to transfer title to the awarding Authority, less (1) a retention based on its estimate of the fair value of its claims against the Contractor and less (2) a retention for direct payments to Subcontractors based on demands for same in accordance with the provisions of Section 39 F. and less (3) a retention not exceeding ten percent (10%) of the approved amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within 65 days after (a) the Contractor fully completes the Work or substantially completes the work so that the value of the work remaining to be done is, in the estimate of the City, less than one percent (1%) of the original Contract price, or (b) the Contractor substantially completes the Work and the City takes Gen. Conditions 23 possession for occupancy, whichever occurs first, the City shall pay the Contractor the entire balance due on the Contract less, (1) a retention based on its estimate of the fair value of its claims against the Contractor and of the cost of completing the incomplete and unsatisfactory items of Work less (2) a retention for direct payments to Subcontractors based on demands for same in accordance with the provisions of Section 39 F, or based on the record of payments by the Contractor to the Subcontractors under this Contract if such record of payment indicates that the Contractor has not paid Subcontractors as provided in Section 39 F. If the City fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of three percentage points above the rediscount rate than charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the Contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days after receipt of such a periodic estimate form the Contractor, at the place designated by the City if such a place is so designated. The Contractor agrees to pay to each Subcontractor a portion of any such interest paid in accordance with the amount due each Subcontractor. 9..5..7. The Contractor shall make payments to filed Subcontractors and to other Subcontractors as defined in following Subparagraph 9.5.8 in accordance with Section 39F of Chapter 30 of the General Laws which provides as follows: (a) Forthwith after the Contractor receives payment on account of a periodic estimate, the Contractor shall pay to each Subcontractor the amount paid for the labor performed and the materials furnished by the Subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the Subcontractor by the Contractor. Gen. Conditions 24 (b) Not later than the 65th day after each Subcontractor substantially completes his Work in accordance with the plans and specifications, the entire balance due under the subcontract less amounts retained by the City as the estimated costs of completing the incomplete and unsatisfactory items of Work, shall be due the Subcontractor; and the City shall pay that amount to the Contractor. The Contractor shall forthwith pay to the Subcontractor the full amount received from the City less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the Subcontractor by the Contractor. (c) Each payment made by the City to the Contractor pursuant to subparagraphs (a) and (b) of this paragraph for the labor performed and the materials furnished by a subcontractor shall be made to the Contractor for the account of that Subcontractor; and the City shall take reasonable steps to compel the Contractor to make each such payment to each such Subcontractor. If the City has received a demand for direct payment from a Subcontractor for any amount which has already been included in a payment to the Contractor or which is to be included in a payment to the Contractor for payment to the Subcontractor as provided in subparagraphs (a) and (b), the City shall act upon the demand as provided in this section. (d) If, within 70 days after the Subcontractor has substantially completed the Subcontract Work, the Subcontractor has not received from the Contractor the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor, less any amount retained by the City as the estimated costs of completing the incomplete and unsatisfactory items of Work, the Subcontractor may demand direct payment of that balance from the City. The demand shall be by a sworn statement delivered to or sent by certified mail to the City, and a copy be valid even if delivered or mailed prior to the seventieth day after the Subcontractor has substantially completed the Subcontract Work. Within ten days after the Subcontractor has delivered or so mailed a copy to the Contractor, the Contractor may reply to the demand. The reply shall be by a sworn statement delivered to or sent by certified mail to the City and a copy shall be delivered to or sent by certified mail to the Subcontractor at the same time. The reply shall contain a detailed breakdown of the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor and of the amount due for extra labor and materials furnished to the Contractor and of the amount due for each claim made by the Contractor against the Subcontractor. (e) Within 15 days after receipt of the demand by the City, but in no event prior to the 70th day after substantial completion of the Subcontract Work, the City shall make direct payment to the Subcontractor of the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor, less any amount (i) retained by the City as the estimated cost of completing the incomplete or unsatisfactory items of Work, (ii) specified in any court proceedings barring such payment, or (iii) disputed by the Contractor in the sworn reply; provided, that the City shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by subparagraph (d)The City shall make further direct payments to the Subcontractor forthwith after the removal of the basis for deductions from direct payments made as provided in part (i) and (ii) of this subparagraph. (f) The City shall forthwith deposit the amount deducted from a direct payment as provided in part (iii) of subparagraph (e) in an interest-bearing joint account in the names of the Contractor and the Subcontractor in a bank in Massachusetts selected by the City or agreed upon by the contractor and the Subcontractor and shall notify the Contractor and the Subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account, including accrued interest, as provided in an agreement between the Contractor and the Subcontractor or as determined by decree of a court of competent jurisdiction. (g) All direct payments and all deductions from demands for direct payments deposited in an interest-bearing account or accounts in a bank pursuant to subparagraph (f) shall be made out of amounts payable to the general Contractor at the time of receipt of a demand for direct payment from a Subcontractor and out of amounts which later become payable to the Contractor and in order of receipt of such demands from Subcontractors. All direct payments shall discharge the obligation of the City to the Contractor to the extent of such payment. (h) The City shall deduct from payments to the Contractor amounts which, together with the deposits in Gen. Conditions 25 interest-bearing accounts pursuant to subparagraph (f), are sufficient to satisfy all unpaid balances of demands for direct payment received from Subcontractors. All such amounts shall be earmarked for such direct payments, and the Subcontractors shall have a right to such deductions prior to any claims against such amounts by creditors of the Contractor. (i) If the Subcontractor does not receive payment as provided in subparagraph (a) or if the Contractor does not submit a periodic estimate for the value of the labor and materials performed or furnished by the Subcontractor and the Subcontractor does not receive payment for same when due less the deductions provided for in subparagraph (a), the Subcontractor may demand direct payment by following the procedure in subparagraph (d) and the Contractor may file a sworn reply as provided in that same subparagraph. A demand made after the first day of the month following that for which the Subcontractor performed or furnished the labor and materials for which the Subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on a periodic estimate from the Contractor. Thereafter the City shall proceed as provided in subparagraph (e), (f), (g), and (h). 9..5..8. Pursuant to section 39F of Chapter 30 of the Laws, the term "Subcontractor" as used in preceding Subparagraph 9.5.7 shall mean a person who files a sub-bid and receives a Subcontract as a result of that filed sub-bid or who is approved by the City in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the Contractor. 9..6. Payments Withheld 9..6..1. The Director may decline to certify payment and may withhold his Certificate in whole or in part, to the extent necessary reasonably to protect the Owner, if in his opinion he is unable to make representations to the Owner as provided in Subparagraph 9.4.2. If the Director is unable to make representations to the Owner as provided in Subparagraph 9.4.2 and to certify payment in the amount of the Application, he will notify the Contractor as provided in Subparagraph 9.4.1. If the Contractor and the Director cannot agree on a revised amount, the Director will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the Owner. Subject to the provisions of Subparagraph 9.6.3 herein below, the Director may also decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: .1 defective work not remedied .2 third party claims filed or reasonable evidence indicating probable filing of such claims, .3 failure of the contractor to make payments properly to Subcontractors or for labor, materials or equipment, .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, .5 damage to the Owner or another contractor, .6 reasonable evidence that the Work will not be completed within the Contract Time, or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9..6..2. When the above grounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld because of them. 9..6..3. The City may make changes in any periodic estimate submitted by the Contractor in accordance with Section 39K of Chapter 30 of the General Laws, and the payment due on said periodic estimate shall be computed in accordance with the changes so made. The provisions of said Section 39K shall govern payments pursuant to periodic estimates on which the City has made changes. The Director shall mark the date of receipt on the estimate. 9..7. Failure of Payment 9..7..1. If the Owner fails to make payments as set forth in Section 39K of Chapter 30, the Contractor shall be compensated as set forth in said Section. Gen. Conditions 26 9..8. Substantial Completion 9..8..1. When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subparagraph 8.1.3, the Contractor shall prepare for submission to the Director a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Director on the basis of an inspection determines that the Work or designated portion therefor is substantially complete, he will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall commence on the Date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 9..8..2. Upon substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Director, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Contract Documents. 9..9. Final Completion and Final Payment 9..9..1. Upon receipt of written notice that the work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Director will promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and the Contract fully performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final Certificate, is due and payable. The Director's final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final payment as set forth in Subparagraph 9.9.2 have been fulfilled. Final payment shall be made in accordance with section 39K of Chapter 30, quoted in Subparagraph 9.5.6 hereinabove, which Section takes precedence over any contradictory provisions of Paragraph 9.9. 9..9..2. Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Director (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment and (3), if required by the Owner, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. If any Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. The affidavit and consent of surety shall be submitted on AIA forms G706 "Contractor's Affidavit of Payment of Debts and Claims" and G707 "Consent of Surety Company to Final Payment". 9..9..3. If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Director so confirms, the Owner shall, upon application by the Contractor and certification by the Director, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 7.5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Director prior to certification of such payment. Such Gen. Conditions 27 payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9..9..4. The making of final payment shall constitute a waiver of all claims by the Owner except those arising from: .1 unsettled liens, .2 faulty or defective Work appearing after Substantial Completion, .3 failure of the Work to comply with the requirements of the Contract Documents, or .4 terms of any special warranties required by the Contract Documents. 9..9..5. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment. 10. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10..1. Safety Precautions and Programs 10..1..1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 10..2. Safety of Persons and Property 10..2..1. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: .1 all employees on the Work and all other persons who may be affected thereby; .2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10..2..2. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10..2..3. The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10..2..4. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10..2..5. The Contractor shall promptly remedy all damage or loss (other than damage or loss insured under Paragraph 11.3) to any property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3 except damage or loss attributable to the acts or omissions of the Owner or Director or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 4.18. Gen. Conditions 28 10..2..6. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and the Director. 10..2..7. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 10..3. Emergencies 10..3..1. In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Article 12 for Changes in the Work. 11. ARTICLE 11 INSURANCE 11..1. Contractor's Liability Insurance 11..1..1. The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of his employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 11..1..2. The insurance required by Subparagraph 11.1.1 shall be taken out in a company or companies authorized to do such business in the Commonwealth of Massachusetts and satisfactory to the Owner and Department and shall be written for not less than any limits of liability specified herein below, or required by law, whichever is greater. 1. Workmen's Compensation and other benefits as required under Chapter 152 of the Laws, as amended, and Section 34A of Chapter 149 of the General Laws. 2. Employer's liability with a limit of at least $300,000 each accident. 3. Comprehensive Public Liability including Contractor's Liability as applicable to the Contractor's obligations under Paragraph 4.18; Elevators (if any on the Work): Completed Operations and Products Liability: all on the occurrence basis with Personal Injury coverage and Broad Form Property Damage. Remove the XCU exclusions relating to Explosion, Collapse, and Underground Property Damage. Completed Operations Liability shall be kept in force for at least two years after the date of final completion. Gen. Conditions 29 Personal Injury and Accidental Death - General Liability Each person/aggregate $100,000/$1,000,000 Property Damage - General Liability Each Occurrence/aggregate $100,000/$500,000 Personal Injury - Automobile Liability Each person/aggregate $100,000/$500,000 Property Damage - Automobile Liability Each Occurrence/aggregate $50,000/$100,000 11..1..3. The insurance required by Subparagraph 11.1.1 shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 4.18. 11..1..4. Certificates of Insurance acceptable to the Owner shall be submitted to the Owner simultaneously with the execution of the Contract. Certificates shall indicate that Contractual Liability coverage is in force, as well as deletions of the XCU exclusions. These Certificates shall contain a provision that the insurance company will notify the Owner by registered mail at least 30 days in advance of any cancellation, change, or expiration of the policies. 11..2. Owner's Liability Insurance 11..2..1. The Owner shall be named as an additional insured on the Contractor's Liability Insurance Policies. 11..3. Property Insurance 11..3..1. The Contractor shall purchase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall be taken out in a company or companies against which the Owner has no reasonable objection and shall include the interests of the Owner, the Contractor, Subcontractors and Sub Subcontractors and shall insure against the perils of fire and extended coverage and shall include "all risks" insurance for physical loss or damage including, without duplication, theft, vandalism and malicious mischief. The insurance shall also cover portions of the Work stored off the site or in transit which are included in an Application for Payment under Subparagraph 9.3.2. If this insurance is written with stipulated amounts deductible, the Owner shall not be responsible for any difference between the payments made by the insurance carrier and the claim. 11..3..2. The Contractor shall purchase and maintain such boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of the Owner, the Contract, Subcontractors and Sub-subcontractors in the Work. 11..3..3. Any loss insured under Subparagraph 11.3.1 is to be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Subparagraph 11.3.8. The Contractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor, and by appropriate agreement, written where legally required for validity, shall required each Subcontractor to make payments to his Sub-subcontractors in similar manner. 11..3..4. The Contractor shall file the original and one certified copy of all policies with the Owner before exposure to loss may occur. If the Owner is damaged by the failure of the Contractor to maintain such insurance and to so notify the Owner, then the Contractor shall bear all reasonable costs properly attributable thereto. 11..3..5. (intentionally deleted) Gen. Conditions 30 11..3..6. The Owner and Contractor waive all rights against (1) each other and the Subcontractors, Sub-subcontractors, agents and employees each of the other, and (2) the Director and separate contractors, if any, and their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 11.3 or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee. The foregoing waiver afforded the Director, his agents and employees shall not extend to the liability imposed by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall require of the Director, separate contractors, Subcontractors and Sub-subcontractors by appropriate agreements, written where legally required for validity, similar waivers each in favor of all other parties enumerated in this Subparagraph 11.3.6. 11..3..7. If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of his duties. He shall deposit in a separate account any money so received, and he shall distribute it in accordance with such agreement as the parties in interest may reach, or in accordance with an award by arbitration in which case the procedure shall be as provided in Paragraph 7.9. If after such loss no other special agreement is made, replacement of damaged work shall be covered by an appropriate Change Order. 11..3..8. The Owner as trustee shall have power to adjust and settle any loss with the insurers unless one the of parties in interest shall object in writing within five days after the occurrence of loss to the Owner's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Paragraph 7.9. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11..3..9. If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy or use. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 11..4. Loss of Use Insurance 11..4..1. The Owner, at his option, may purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of his property, including consequential losses due to fire or other hazards however caused, to the extent covered by insurance under this Paragraph 11.4. 12. ARTICLE 12 CHANGES IN THE WORK 12..1. Change Orders 12..1..1. A Change Order is a written order to the Contractor signed by the Owner and the Director, issued after execution of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum or the Contract Time. All Change Orders must be countersigned by the Administrator in accordance with Paragraph 3.1 as supplemented. 12..1..2. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Gen. Conditions 31 Order, and shall be performed under the applicable conditions of the Contract Documents. 12..1..3. The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 by unit prices stated in the Contract Documents or subsequently agreed upon; .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee, or .4 by the method provided in Subparagraph 12.1.4. 12..1..4. If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contractor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Director on the basis of the reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 above, the Contractor shall keep and present, in such form as the Director may prescribe, an itemized accounting together with appropriate supporting data for inclusion in a Change Order. 1. Cost of materials entering permanently in the Work, including cost of delivery: 2. Cost of labor at the rates found elsewhere in this document including foremen: 3. Rental value at fair market rental rates of equipment and machinery employed directly on the Work (hand tools and minor equipment excluded): 4. A percentage amount of 25% of item 2 above to cover Workman's Compensation, F.I.C.A., and unemployment contributions. For Work performed by the Contractor with his own forces there shall be added a percentage fee for the Contractor equal to 15% of the total of Items 1,2,3 hereinabove. For Work performed by a filed or non-filed Subcontractor there shall be added a percentage fee for the Subcontractor equal to 15% of the total of Items 1,2,3 hereinabove. To this total amount of the Subcontractor's price there may be added an additional percentage fee of 10% for the Contractor. The percentage fee shall be compensation to cover the cost of supervision, layout, overhead, bonds, profit, and all other expenses which are not included in the cost of the Work as defined above. Pending final determination of cost to the Owner, payments on account shall be made on the Director's Certificate for Payment. The amount of credit to be allowed by the Contractor to the Owner for any deletion or change which results in a net decrease in the Contract Sum will be the amount of the actual net cost as confirmed by the Director. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. 12..1..5. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. Gen. Conditions 32 12..2. Concealed Conditions 12..2..1. Pursuant to Section 39N of Chapter 30 of the Laws, the following shall apply to differing concealed conditions: If, during the progress of the Work, the Contractor or the City discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the COntract Documents either the Contractor or the City may request an equitable adjustment in the Contract Price applying to Work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from the Contractor, or upon its own initiative, the City shall make an investigation of such physical conditions, and, if they differ substantially or materially from those indicated in the Contract Documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents and are of such a nature as to cause an increase or decrease in the cost of the Work, the contracting Authority shall make an equitable adjustment in the Contract Price and the Contract shall be modified in writing accordingly. 12..3. Claims for Additional Cost 12..3..1. If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Director written notice thereof within twenty days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.3. No such claim shall be valid unless so made. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be determined by the Director. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. 12..3..2. If the Contractor claims that additional cost is involved because of, but not limited to, (1) any written interpretation pursuant to Subparagraph 2.2.8, (2) any order by the Owner to stop the Work pursuant to Paragraph 3.3 where the Contractor was not at fault, (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, or (4) failure of payment by the Owner pursuant to Paragraph 9.7, the Contractor shall make such claims as provided in Subparagraph 12.3.1, except as set forth in Subparagraph 3.3.2 of the Supplementary Conditions. 12..4. Minor Changes in the Work 12..4..1. The Director will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not consistent with the intent of the Contract Documents. Such changes shall be effected by written order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. 13. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13..1. Uncovering of Work 13..1..1. If any portion of the Work should be covered contrary to the request of the Director or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Director, be uncovered for his observation and shall be replaced at the Contractor's expense. 13..1..2. If any other portion of the Work has been covered which the Director has not specifically requested to observe prior to being covered, the Director may request to see such Work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a separate contractor as provided in Article 6, in which event the Gen. Conditions 33 Owner shall be responsible for the payment of such costs. 13..2. Correction of Work 13..2..1. The Contractor shall promptly correct all Work rejected by the Director as defective or as failing to conform to the Contract Documents whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Director's additional services made necessary thereby. 13..2..2. If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the Owner of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 13..2..3. The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.2, unless removal is waived by the Owner. 13..2..4. If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the Owner may correct it in accordance with Paragraph 3.4. 13..2..5. If the Contractor does not proceed with the correction of such defective or non-conforming Work within a reasonable time fixed by written notice from the Director, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Director's additional services made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 13..2..6. The Contractor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal. 13..2..7. Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Paragraph 4.5 hereof. The establishment of the time period of one year after the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Work. 13..3. Acceptance of Defective or Non-Conforming Work 13..3..1. If the Owner prefers to accept defective or nonconforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. Gen. Conditions 34 13..4. Special Guarantees And Warranties 13..4..1. All guarantees and warranties required in the various Sections of the Specifications which originate with a Subcontractor or manufacturer must be delivered to the Director before final payment to the Contractor may be made for the amount of that subtrade or for the phase of Work to which the guarantee or warranty relates. 13..4..2. The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the Subcontractor to fully complete his Work in accordance with the Contract Documents. 13..4..3. The Contractor's obligation to correct Work as set forth in Paragraph 13.2 is in addition to, and not in substitution of, such guarantees or warranties as may be required in the various Sections of the Specifications. 14. ARTICLE 14 TERMINATION OF THE CONTRACT 14..1. Termination By the Contractor 14..1..1. If the Work is stopped for a period of 30 days under any order of any court or other public Authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency make materials unavailable, through no act or fault of the Contractor or a Subcontractor, or their agents or employees, or any other person performing any of the Work under a contract with the Contractor, then the Contractor may, upon seven additional days' written notice to the Owner and Director, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. 14..2. Termination By The Owner 14..2..1. If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, upon certification by the Director that sufficient cause exists to justify such action may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, seven days' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. 14..2..2. If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including compensation for the Director's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or to the Owner, as the case may be, shall be certified by the Director, upon application, in the manner provided in Paragraph 9.4, and this obligation for payment shall survive the termination of the Contract. SUPPLEMENTARY CONDITIONS PART 2 - ADDITIONAL CONDITIONS Articles set forth under Part 2 of this section are additional conditions not covered in the A.I.A. General Conditions. Gen. Conditions 35 15. ARTICLE 15 LABOR REQUIREMENTS OF THE COMMONWEALTH OF MASSACHUSETTS 15..1. Labor Laws 15..1..1. The Contractor and the Subcontractors shall conform to applicable provisions of M.G.L. Chapter 149, as amended. 15..1..2. No laborer, workman, mechanic, foreman or inspector working in the employment of the Contractor, Subcontractor or other person doing or contracting to do the whole or part of the Work contemplated by this Contract, shall be required or permitted to work any more than eight hours in any one day, or more than 48 hours in any one week, or more than six days in any one week, except in cases of emergency. 15..1..3. Every employee on the Work shall lodge, board, and trade where and with whom he elects, and the Contractor and any Subcontractor shall not directly or indirectly require, as a condition of employment in said Work, that an employee lodge, board, or trade at a particular place or with a particular person. 15..1..4. The Contractor and each Subcontractor shall give preference in employment of mechanics, apprentices, teamsters, chauffeurs and laborers, first to citizens of the Commonwealth who have been residents of the Commonwealth for at least six months at the commencement of their employment and who are veterans as defined in clause 43 of Section 7 of Chapter 4 of the General Laws, and who are qualified to perform the Work to which the employment relates; and secondly, to citizens of the Commonwealth generally, and if they cannot be obtained in sufficient numbers, then to citizens of the United States. 15..2. Executive Orders 15..2..1. The Contractor shall comply with the provisions of M.G.L. Chapter 151B; Executive Order No. 227, Governor's Code of Fair Practices, amending and Revising Executive Orders No. 116 and 117; Executive Order No. 237 pertaining to minority and women business development; Executive Order No. 246 pertaining to the handicapped and all regulations promulgated pursuant thereto. The aforementioned law, Executive Orders, and regulations are incorporated herein by reference and made a part of this Contract. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐1 SECTION 5 – SPECIAL CONDITIONS & PROVISIONS SCOPE OF WORK It is not intended that every minor detail or feature be shown or described herein, as the assumption is made that the Bidder is an expert in this area of responsibility and is capable of interpreting the plans and specifications. The work described herein is intended primarily to be the responsibility of the General Contractor. The scope of work shall include furnishing and installation of all materials required to complete the improvements at the site. The limit of work shall include all work within the boundaries noted on the plans, and any required associated grading and utility work outside these boundaries as indicated on the plans. The successful bidder (“The Contractor”) shall coordinate all work required in this area. The work to be done consists of, but is not limited to the following: construction and/or reconstruction of cement concrete wheelchair ramps, hot mix asphalt (HMA) sidewalks, streets and paths, cement concrete sidewalks and driveways, all constructed within the tolerances established in the MA DOT Construction Standard Details, City of Northampton DPW Specifications and in compliance with the Americans with Disabilities Act (ADA) and AASHTO Guide for the Development of Bicycle Facilities. This work may also include furnishing and setting granite curb, sloped granite, curb inlets, curb corners and edging on a gravel foundation/concrete lock and HMA curb on a HMA base, removing and resetting existing granite curb; edging, curb corners and curb inlets of every type; rebuilding or remodeling of drainage structures; furnishing and placing loam and related items; removal of existing pavement markings; installing permanent pavement markings; installing temporary erosion control devices where necessary and the placement of necessary traffic control devices for traffic management through the work zone in various locations throughout the City of Northampton. The principal work to be contained in the BASE BID (RAMPS 10, 11 & 22, 23, 24 & 31, 32) of this Project consists of: installation of erosion control, traffic management devices, demolition and removal of existing sidewalk, curbs, and ramps, replacement/extension of concrete sidewalk, installation of granite curb, accessible ramps, and restoring bituminous concrete roadway and miscellaneous; restoration, and installation of new pavement markings and signs in and around State & Center Street, Masonic & Center Street, and Chestnut Street at Rail Trail. The alternative work to be contained in the ALTERNATE 1 BID (RAMPS 12 & 13) of this Project consists of: installation of erosion control, traffic management devices, demolition and removal of existing sidewalk, curbs, and ramps, replacement/extension of concrete sidewalk, installation of granite curb, accessible ramps, and restoring bituminous concrete roadway and miscellaneous; restoration, and installation of new pavement markings and signs in and around Keyes Street at Rail Trail. The alternative work to be contained in the ALTERNATE 2 BID (RAMP 25 A & B) of this Project consists of: installation of erosion control, traffic management devices, demolition and removal of existing sidewalk, curbs, and ramps, replacement/extension of concrete sidewalk, installation of granite curb, accessible ramps, and restoring bituminous concrete roadway and miscellaneous; restoration, and installation of new pavement markings, surface applied tactile warning, and signs in and around Elm Street. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐2 The alternative work to be contained in the ALTERNATE 3 BID (RAMP 28, 29, 30) of this Project consists of: installation of erosion control, traffic management devices, demolition and removal of existing sidewalk, curbs, and ramps, replacement/extension of concrete sidewalk, installation of granite curb, accessible ramps, and restoring bituminous concrete roadway and miscellaneous; restoration, and installation of new pavement markings and signs in and around Pine Street and South Main Street. The estimated contract cost is $160,000 (base bid); $280,000 (base plus alternates). As determined by the City, the prioritization of the BASE BID and ALTERNATES work is indicated below: 1. BASE BID (RAMPS 10, 11 & 22, 23, 24 & 31, 32) 2. ALTERNATE 1 (RAMPS 12 & 13) 3. ALTERNATE 2 (RAMP 25A & B) 4. ALTERNATE 3 (RAMP 28, 29, 30) For further information relating to the interpretation of the contract documents please contact Jesse Moreno of ProTerra Design Group at jmoreno@proterra‐design.com. No questions will be answered if received after 2:00 p.m. on March 26, 2020. The City of Northampton Office of Planning & Sustainability (City) will receive sealed Bid proposals for the above referenced project until 2:00 PM, Thursday, April 2, 2020. ALTERNATIVE BID ITEMS (ADDITIVE OR DEDUCTIVE ITEMS) Prior to the opening of bids, the City will determine the amount of funds available for the project. The low bid shall be awarded such that the Contactor is deemed otherwise eligible for award (i.e. is responsible and has submitted a timely and proper bid) and offers the lowest aggregate amount for the base bid item, plus those additive items that the City decides to proceed with. The City reserves the right to award the contract to the lowest responsive and eligible bidder on the base bid or the base bid and any combination of one or more of the alternates. The City shall evaluate all bids on the basis of the same additive items. If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all bidders, the City will skip that item. The City will use the list of priorities in the bid schedule only to determine the low bidder. After determining the low bidder, an award may be made on any combination of base bid and alternate items if it is determined; (1) It is in the best interest of the Government; (2) Funds are available at the time of award; and (3) The low bidder's price for the combination to be awarded is less than the price offered by any other responsible bidder; (4) Or as dictated by the City’s Procurement officer and; (5) the law. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐3 SPECIFICATIONS & STANDARDS All Work under this Contract shall be done in conformance with the Massachusetts Highway Department 2020 Standard Specifications for Highways and Bridges, the 2017 Construction Standard Details, the 2017 Interim Supplemental Specifications, the 1996 Construction and Traffic Standard Details (as relates to traffic standard details only); the 2009 Manual on Uniform Traffic Control Devices (MUTCD) with Massachusetts Amendments and the Standard Municipal Traffic Code; the City of Northampton DPW Specifications, the Plans and these Special Provisions contained herein. When “Standard Specification” is referenced herein it shall mean the Standard Specifications for Highways and Bridges, latest English Edition with amendments of the Commonwealth of Massachusetts, Massachusetts Highway Department (now MassDOT Highway Division). LOCATION AND WORK TO BE DONE The location and work herein specified to be done is shown on the Contract Plans and Contract Documents and are hereby incorporated into these Specifications by reference. Improvements shall be located as substantially indicated on the drawings at various locations throughout the City. The Owner reserves the right, acting through the Engineer to make such modifications as may be deemed desirable to avoid interference with existing structures or other reasons. Additional drawings, showing details in accordance with which the work is to be constructed, will be furnished from time to time by the Engineer, if found necessary, and shall also then become a part thereof. The Contractor shall furnish all labor, materials, services, equipment, machinery, dewatering, shoring, testing services, supplies, permits, maintenance, protection of traffic, disposal, demolition and all other items necessary to do all of the work required for the completion of each item of the Work and as herein specified. All work, materials, labor, traffic control, disposal, and any required apparatus or machinery to properly complete the project shall be included in the costs. No additional costs to the Owner will be considered or allowed. The Contractor shall at all times, during the course of the work, maintain a stock of repair materials on site that are suitable and adequate for the immediate repair of any existing sewer or storm drainage system, pipes and/or fittings that may be damaged by the Contractor during his operations. Similar repair materials for other utilities, such as water lines, shall also be stocked when the work is done in close proximity to these other utilities. The materials and the work required to repair any such damages shall be done promptly and at the Contractor's expense. The work to be done and paid for shall not be limited to the exact extent mentioned or described but shall include all incidental work necessary or customarily done for the completion of the work. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐4 SANITARY FACILITIES – CONTRACTOR’S RESPONSIBILITY The Contractor shall provide, maintain and pay for temporary toilet facilities for the sanitary necessities of all persons employed on the work, in compliance with the requirements of the Department of Health, local health offices and other authorities having jurisdiction. Toilet facilities shall be placed at approved locations near the work and shall be kept clean and in sanitary condition at all times. a. Temporary toilets shall be emptied and cleaned daily by the toilet supplier during the progress of the work. b. Special provisions to brace the toilet enclosure shall be made to prevent it from being tipped over. c. Toilets shall be locked during all non‐work hours. The Contractor shall rigorously prohibit the committing of nuisances upon the lands of the Owner, about the works or upon adjacent property. EXISTING UTILITY LOCATIONS – CONTRACTOR’S RESPONSIBILITY The location of existing underground services and utilities as shown on the drawings is approximate and is based upon surface observable features only collected in the limited survey provided. It is not warranted that existing utilities and services are shown, nor that the locations are correct. The Contractor shall be responsible for having the utilities marked out by Dig Safe and where necessary employ additional non‐destructive testing and utility location by 3rd parties to locate utilities or test pit as required to document and confirm. The Contractor is strongly encouraged to contact the local DPW for any record information to supplement and check their findings. PERSONAL PROTECTIVE SAFETY EQUIPMENT FOR CONTRACTOR PERSONNEL The Contractor is responsible to ensure that all personnel, including all subcontractors, working on the project are issued and are wearing all necessary personal protective safety equipment in accordance with all applicable OSHA standards while working within the project limits. This equipment shall include, as a minimum, a hardhat and a safety vest, regardless of the type of work being performed. Other safety equipment shall be added as required to perform the work in which they are engaged and in accordance with all local, state and federal requirements in effect. Safety equipment shall be provided at no additional cost to the City of Northampton. EMPLOY COMPETENT PEOPLE AND EMPLOY SUFFICEINT LABOR AND EQUIPMENT The Contractor shall employ only competent people familiar with the type and complexity of work required in the Contract to perform the work. Whenever the Engineer shall notify the Contractor in writing that any man of the work is, in his opinion, incompetent, unfaithful, disorderly, or otherwise unsatisfactory, or not employed in accordance with the provisions of this Contract, such people shall be Shared Use & Sidewalk Ramps Project Northampton, MA 5‐5 discharged from the work and shall not again be employed on the work, except with the consent of the Engineer. If, in the opinion of the Engineer or City, the Contractor is not employing sufficient labor or equipment to complete this Contract within the time specified, may after giving written notice, require the Contractor to employ such additional labor and equipment as may be necessary to enable the work to progress properly. LOCAL PERMITS A Northampton DPW Trench Permit is required and shall be obtained by the Contractor prior to the start of work at each area. The permit fee is waived. Trench Permit form can be found in Appendix. Special attention is directed to the requirements of the City and Tree Warden to protect street or other trees in the area of the work. Detail of the required armor and protection are shown on the plans. Inspection by the Tree Warden is required before start of work. CONSTRUCTION SEQUENCE The Contractor shall prepare and submit a construction sequence to be accomplished while maintaining free‐flowing two‐way traffic (if applicable), pedestrian, and bicycle traffic on all streets during non‐ working hours and peak traffic periods (7am – 9am and 4pm – 6pm). The Contractor shall install pedestrian and shared use path detour signs and barricades as required. Emergency vehicle access in and around the project area shall be maintained during construction. The Contractor will be required to maintain existing accessible routes to city streets and paths. The contractor will be required to schedule portions of the work that affect this access on Saturday or Sunday, as required, or otherwise provide temporary access. The Contractor is responsible to prepare a traffic and pedestrian management plan. All work shall be performed in accordance with Section 850 of the MassDOT Specifications, the MUTCD, local DPW/Northampton Police specifications, and as directed by the Engineer to insure the safe and efficient movement of traffic in around the affected areas of construction. All construction (including alternates) to be substantially completed by June 15, 2020. Final completion on or before June 30, 2020. Liquidated damages may apply if scope of contract work is not complete within the allotted time for the first $100,000 of work. COMMENCEMENT AND COMPLETION OF THE WORK AND LIQUIDATED DAMAGES Definition of Terms The term "Substantial Completion", shall mean the date certified by the City and the Engineer, when construction is sufficiently complete, in accordance with the Contract Documents, so the City may occupy the project, or designated portion(s) thereof, for the use for which it is intended. The term "Final Completion", shall mean the date certified by the City when all work required by the Contract Documents has been completed. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐6 Use of the project or portions thereof by the City, pursuant to the provisions of General Conditions, prior to completion of work shall not affect the times or Substantial or Final Completion. Time as Essential Condition It is understood and agreed that the dates of commencement of Substantial and Final Completion of the work are essential conditions of this Contract. It is further agreed that time is of the essence of each and every portion of the Contract Documents wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract Documents an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. It is understood and agreed that the times for the completion of the work are reasonable times for the same taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Progress and Completion The Contractor shall commence work promptly upon the execution by the City, and shall prosecute and complete the work regularly, diligently, and uninterruptedly at such rate or progress as will ensure Substantial and Final Completion on or before the dates stipulated. In the event that the Contractor, with written approval of the City, commences work prior to the execution of this Contract by the City, he shall do so upon the conditions that each and every obligation of the Contractor set forth in the Contract Documents shall be binding on him and that the Contract time may be adjusted accordingly, at the discretion of the City. It is agreed that time is of the essence of this contract. Liquidated damages will be assessed for the first $100,000 of Contract Work in the amount of one‐hundred fifty dollars ($150.00) per calendar day, applicable for each and every calendar day delay in completing the work after the date of Substantial Completion and Three‐hundred dollars ($300.00) per calendar day delay in completing the work after the date of Final Completion. If the contractor does not finish the construction by July 1, 2020, the City has the right to terminate the contract and the Contractor would forfeit any money due for work not paid covering the time period. If the Contractor shall neglect, fail or refuse to complete the work within the times specified, or any proper extensions granted by the City, the Contractor agrees, that as a part of the consideration for the execution of this Contract by the City, to pay the City the amount specified above, not as a penalty, but as liquidated damages for such breach of Contract, as herein after set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completion of each Milestone identified above and for Substantial Completion of the work. Liquidated damages will be assessed independently with respect to each date so identified. The said amount is so fixed and agreed upon because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the City would in such event sustain, however, said amount shall be agreed upon as the amount which the City would sustain. Said amount shall be retained from time to time by the City from current periodic estimates in the event of such default. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐7 For any delay to dates established in the Contract for the City to furnish specific instruments or access to the Contractor, affected Milestone Date or Substantial Completion Date shall be extended by the same number of calendar days associated with such delay. Excuse by Failure of Presupposed Conditions The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to: A. To any preference, priority, or allocation order duly issued by the United States Government; or B. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, without limitation, acts of God, or of the public enemy, act of the City, acts of another contractor or in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusual weather; or GC‐38 C. To any delays of subcontractors or suppliers occasioned by any of the causes specified in (A) and (B) of this paragraph; provided, however, that the Contractor shall, within seven (7) days from the beginning of such delay, unless the City shall grant a further period of time, notify the City, in writing, of the causes of the delay. The City shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of this decision in the matter. The decision of the City shall be final and binding. WORK SCHEDULE No work shall be performed on Saturdays, Sundays and Holidays or off‐shift without prior approval of the Engineer & City. Work on this project is restricted to a typical 8‐hour day, 5‐day week, with the Prime Contractor and all Subcontractors working on the same shift. No work shall be done on this contract on the day before or the day after a long weekend which includes a holiday without prior approval of the Engineer & City. To maintain accessible access to downtown areas and critical intersections during business hours, Contractor may be required to schedule portions of the work on Saturday or Sunday, as required to maintain accessibility. GENERAL NOTES 1. All safety signing, temporary pavement markings, reflectorized and lighted drums, and all other safety controls for construction operations shall conform to the 2009 MUTCD for Streets and Highways with Massachusetts amendments. 2. The Contractor is to maintain pedestrian traffic and crosswalks on all intersecting and adjacent sidewalks along downtown or congested City corridors. 3. Intersections are to remain open and construction is to be accomplished during the daytime working hours using MassDOT trained flaggers where necessary. 4. Prior to the start of construction, the Contractor shall install all erosion control BMP’s in the locations shown on the plans. These control devices shall be inspected daily and cleaned and Shared Use & Sidewalk Ramps Project Northampton, MA 5‐8 maintained on a regular basis and shall be left in place until all disturbed areas have been revegetated or permanently stabilized. A stockpile of erosion control materials shall be kept on site for emergency purposes. 5. The contractor shall not park his equipment nor store equipment or materials in any wetland resource area, nor will fueling of equipment be conducted within resource areas or their buffers. These shall be no underground storage of fuel or other hazardous substance on the property, within the buffer zone. 6. Site grading and construction shall be scheduled to avoid periods of high surface water. Once begun, grading and construction shall move uninterrupted to completion to avoid erosion and siltation of the wetlands. PROVISIONS FOR TRAVEL AND PROSECUTION OF WORK Access shall be maintained for all abutters so that they may use the driveways and approaches adjacent to their properties. Immediately after executing the Contract, the Contractor shall confer with the owners of all utilities within the scope of the project in order that relocation of services, if any, may be made at a time consistent with operations of this Contract. The Contractor shall give notice in writing to the Engineer and City at least 48 hours in advance of beginning any work affecting the maintenance of traffic on any of the intersecting or adjacent roads. SAFETY CONTROLS FOR CONSTRUCTION OPERATIONS (Supplementing Subsection 850.21) Payment for miscellaneous safety control for construction operations in accordance with the Traffic Management Details herein and not contained in any other bid item shall be considered incidental to the contract and costs included in the unit bid price for those items requiring such controls. ORDERING OF MATERIALS, EQUIPMENT, AND PREPARATION The Contractor shall provide the Department, within 10 working days of receipt of the Contract, written evidence that: 1. He/she has ordered the shop drawings for the materials for which shop drawings are required on the subject contract. 2. He/she has ordered the materials for which shop drawings are not required on the subject contract 3. He/she has been in contact with suppliers of all plant materials, in order to ascertain their availability. Within ten (10) working days of the execution of the Contract, the Contractor shall forward to the Department of Public Works Director written evidence that he has ordered from a supplier or manufacturer the curbing, and any other castings necessary to complete the project. Upon receipt of a notice of proposed delivery from the supplier or manufacturer. All castings shall also meet the requirements of the City of Northampton for standardization, as appropriate. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐9 The Contractor shall further provide the City written evidence within 30 days of execution of the Contract that those orders have been confirmed in writing by the manufacturer with delivery dates appropriate for timely completion of the project. Failure to comply with any of the ordering requirements shall nullify a request for an extension of the project completion date as a consequence of late delivery of castings. DRAINAGE It shall be the Contractor's responsibility to maintain drainage functioning properly in the areas under construction and adjust as required or bring to the attention of the Engineer. PROTECTION OF UNDERGROUND FACILITIES The Contractor's attention is directed to the necessity of making their own investigation in order to assure that no damage to existing structures, drainage lines, traffic signal conduits, etc. will occur. The Contractor shall notify DIG SAFE and procure a DIG SAFE ticket number for each location prior to disturbing existing ground in any way. A City Trench Permit is required before construction for each location. See appendix for forms. "DIG SAFE" Call Center 811 Shared Use & Sidewalk Ramps Project Northampton, MA 5‐10 NOTICE TO OWNERS OF UTILITIES Written notice shall be given by the Contractor to all public service corporations or officials owning, or having charge of publicly or privately owned utilities, of their intention to commence operations affecting such utilities at least one week in advance of the commencement of such operations. The Contractor shall at that time file a copy of such notice with the Engineer. This may occur after DigSafe has completed marking the site when presence of utilities has been confirmed. Before the Contractor begins any work or operations which might damage any subsurface structures, he/she shall carefully locate all such structures and conduct his operations so as to avoid any damage to them. The following are the names and addresses of the utilities presumed to be affected, but the completeness of the list is not guaranteed: Telephone: Verizon 385 Myles Standish Blvd. Taunton, MA 02780 (508) 828‐6437 Cable: Comcast PO Box 6505 Chelmsford, MA 01824 (978) 848‐5109 CITY OF NORTHAMPTON Public Works Department Water, Sewer, & Drain 125 Locust Street Northampton, MA 01060 Tel. (413) 587‐1570 Fire Department 26 Carlon Drive Northampton, MA 01060 Attn: Duane Nichols, Chief Tel. (413) 587‐1039 Police Department 29 Center Street Northampton, MA 01060 Attn: Jody Kasper, Chief Tel. (413) 587‐1100 Shared Use & Sidewalk Ramps Project Northampton, MA 5‐11 PROCEDURES FOR SHOP DRAWING & CATALOG CUT SUBMITTAL The Design Engineer for this project is ProTerra Design Group, LLC. The following procedure shall be followed when making hardcopy shop drawing submittals for this project. 1. The Prime Contractor shall submit four (4) sets of drawings or catalog cuts directly to the Design Engineer for review and approval. 2. The Design Engineer shall send a written reply, returning two (2) sets to the Prime Contractor. 3. If the Design Engineer's reply indicates rejection or advises corrections or additions to the drawings, Steps 1 and 2 are repeated until the Design Engineer indicates that approval will be given. 4. The Contractor shall then submit four (4) sets of drawings to the Design Engineer for approval and distribution by the Design Engineer per the standard operating procedures of the City of Northampton Public Works Department. 5. Alternatives to the hard copy submittal process may be proposed by the Contractor and may include electronic review and approval of drawings in catalog cuts in PDF format. 6. The Contractor shall take care that every separate document in each set of every submittal shall carry the following identifying information: Information Required a. Name of project b. Northampton project number c. Identifying item number from proposal, if applicable d. Locations where material is proposed to be used, if applicable e. Name of submitting Contractor f. Personal signature and title of an official of the Prime Contractor authorized to make shop drawings submittals g. Date of signature or submittal. The Contractor shall not receive payment for ‐‐ nor be allowed to install ‐‐ any items or materials which require shop drawing approval unless and until shop drawing approval is received for said items or materials as detailed above. All shop drawings shall bear the seal of a Professional Engineer registered in Massachusetts. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐12 TEMPORARY ACCESS TO AREA MERCHANTS, RESIDENCES, AND BUSINESSES (Supplementing Subsections 8.02 and 8.06) The work is in residential and commercial business sections of the City and access to all residences, businesses, and buildings must be maintained at all times. The Contractor shall provide written notice 48 hours to the Owner prior to disturbing any driveway, walkway or other point of access to private property adjacent to the project limits. TEMPORARY RAMPS & PEDESTRIAN ACCESS Pedestrian ways, like roadways, are periodically impacted by construction. Per the Americans with Disabilities Act (ADA), it is incumbent to maintain safe and accessible pedestrian routes through and around work zones as required. The Contractor shall provide an alternate pedestrian access route to the maximum extent feasible during construction. Pedestrian detours should include a stable and slip resistant surface that is at least 4 feet wide and complies with the ADA requirements of 5% maximum walkway running slope (or following natural topography) and 2% maximum cross slope. Directional signage should be placed in advance of the detour to clearly indicate where pedestrians should go to avoid construction equipment and operations. Temporary curb ramps may also be necessary depending on the site to maintain access for anyone using a wheeled mobility device. All curb ramps should comply with the ADA requirement of 8.33 % percent maximum running slope. Pedestrians should not be directed to mix with the traveled lane and should provide a safe space for walking. In general, where possible, the plans show conformance with a 0.5% construction tolerance to these maximums. ARCHITECTURAL ACCESS BOARD & AMERICANS WITH DISABILITIES ACT TOLERANCES All construction elements in this project associated with sidewalks, walkways, wheelchair ramps, shared use paths, and curb cuts are controlled by rules and regulations of the Massachusetts Architectural Access Board (“AAB”) as provided in 521CMR, and the requirements of the Americans with Disabilities Act (“ADA”) as provided for in the regulations of the United States Access Board and as required by the United States Department of Transportation, Federal Highway Administration. These requirements are principally listed in Americans with Disabilities Act Accessibility Guidelines (“ADAAG”) and Public Rights of Way Accessibility Guidelines (“PROWAG”). The following notes are a supplement to and not a replacement for CMR 521, PROWAG, and ADAAG Regulations. The Contractor is hereby notified that they are ultimately responsible for constructing all project elements in strict compliance with the current AAB/ADA/PROWAG rules, regulations and standards. The Rules and Regulations specify maximum slopes and minimum dimensions required for construction acceptance. There is no tolerance allowed for slopes greater than the maximum slope nor for dimensions less than the minimum dimensions. Where applicable construction tolerances are indicated. A. The finished cross slope on any walk or sidewalk shall not exceed 2.0%, in accordance with 521CMR. Construction tolerances must be accounted for in design; or if there are no plans, when setting lines forms and grades in construction. All sidewalks and walks, regardless of material, shall be designed and constructed to a cross slope of 1.5% with a construction tolerance of ±0.5% allowed. Other cross slopes may be considered; however, the sum of design cross slope plus Shared Use & Sidewalk Ramps Project Northampton, MA 5‐13 construction tolerance shall not exceed 2.0%, and both the design slope and the construction tolerance must be included on the construction plans and in the Special Provisions. a. A minimum 4’‐0” sidewalk complies with 521 CMR provided it is designed with certain additional considerations. These additional considerations must be shown and detailed on the plans and include, but may not be limited to the following: 4’‐0” minimum walk width excluding the curb width. b. Passing areas are required in any case where a 5’‐0” minimum walk width is not provided. Passing areas are to be 5’‐0” by 5’‐0” “level” passing areas, excluding the curb, at intervals not exceeding 200 feet c. MassDOT recommends a walking surface width not less than 5’‐0”. When the sidewalk is to be constructed adjacent to a curb, it is shown on the plans as 5’‐6” which includes the curb width. When the sidewalk is separated from the curb by a planting strip, it is generally dimensioned separately and is at least 5’‐0”. d. An unobstructed 3’‐0” path of travel, excluding curb must be maintained, past any sidewalk obstruction, including but not limited to utility poles, mail boxes, trees and open areas around them, street lights, traffic signal bases and pre‐cast foundations and other signal hardware, hydrants, signs and poles. In no case shall any sidewalk be constructed with less than 4’‐0” of walking surface, nor shall any path of travel be constructed with less than 3’‐0” of unobstructed width. B. Walk surfaces shall be constructed as firm, stable and slip resistant surfaces. They shall lie generally in a continuous plane with a minimum of surface warping. Openings in the path of travel are to be sized not to permit the passage of a ½ inch diameter sphere. Where the openings are elongated (slots) the long direction of the opening is to be perpendicular to the dominant path of travel. C. Changes in level shall not exceed ¼ inch. Changes in level greater than ¼ inch but less than ½ inch must be beveled with a slope not exceeding 1(v):2(h). Changes in level greater than ½ inch must be smoothed to a grade of less than 5%. D. Curb cut wheelchair ramps should be placed within the general pedestrian flow to the greatest degree possible, to provide pedestrians the safety to see and be seen before crossing the street. Paired reciprocal curb cut wheel chair ramps are preferred; however, apex ramps serving two directions may be used when intersection geometry precludes use of paired ramps. The entrance to the curb cut wheelchair ramp must be fully contained within the cross walk (or both cross walks in the case of the apex ramp) if they exist at the location. E. Each curb cut wheelchair ramp location is unique. The general styles of ramps used are based on pedestrian movements, intersection geometry and roadway layout. F. Published guidance for design of curb cut wheelchair ramps allows certain types of ramps to be a minimum of 3’‐0” wide and recommends a minimum width of 5’‐0” for other types. The Highway Division standard is 5’‐0” for all ramps at the curb line regardless of type. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐14 G. The width of a transition ramp after the turn from the level landing is dependent on overall sidewalk width, but generally not less than 4’‐0”. Commonly used curb cut wheelchair ramp types are shown in the Construction Standard Details. Any one of these styles will require modification to fit the site conditions and constraints. H. The ramp which runs from the roadway to the level landing. It must open directly to the roadway and be aligned perpendicularly to the curb at its mid‐point. The curb cut wheelchair ramp entrance is the entire portion of the ramp which is constructed flush with the roadway, and usable by wheelchairs. No lip is permitted where the roadway meets the ramp. I. The curb cut wheelchair ramp entrance does not include transition ramps or flares. Where a stop line is warranted, no part of a wheelchair ramp entrance shall be placed on the vehicle approach side of that line. The wheelchair ramp entrance is to be centered on the crosswalk whenever possible, however, no part of the wheelchair ramp entrance shall be outside the crosswalk. Side slope transitions, however, may extend beyond the stop line or outside the crosswalk. J. Ramp slopes are designed to be 7.5% ±0.5% construction tolerance, however, these slopes may be flatter when warranted by site conditions. In accordance with 521CMR finished slopes shall not exceed 8.3%. K. Level landings are required at top of a curb cut ramp from the street. This provides a turning area for the wheelchair user to change direction from the curb cut to the sidewalk, and to wait for an opportunity to safely cross the street or for a crossing phase in a signal to begin. The minimum turning area (level landing) is 4 ft deep by 5 ft wide (the width of the ramp at the curb line); however, the preferred dimension is 5 ft by 5 ft. The level landing shall be designed with a 1.5% (±0.5% construction tolerance) slope toward the street, and slope of 0.0% ±0.5% running parallel with the street. This is to ensure both drainage, and that the level landing the level landing complies with the regulation not to exceed 2% in any direction. L. The tactile or detectable warning panel consists of truncated domes. The dimensions of the truncated domes, alignment and spacing are shown in the Construction Standard Details. The warning panel shall be placed on the entire width of the ramp opening. The panel is set back from the curb line by 6 inches and is generally placed on the ramped portion of the curb cut by may extend onto the level landing to meet the requirement of 2 feet of panel in the direction of travel. M. The transition ramp generally is the portion of a sidewalk which ramps between a landing and the full height sidewalk. Transition ramp slopes are designed to be 7.5% ±0.5% construction tolerance, however, these slopes may be flatter when warranted by site conditions. Flares are triangular areas adjacent to ramps and the transition curb. They are not designed as primary pedestrian path areas; however, they should be kept free of obstructions. The length of the flare as measured along the curb need not exceed 15 feet regardless of slope. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐15 N. Fixed objects (i.e. utility poles, hydrants, signs, signal foundations, etc.) shall not be placed in any part of the wheelchair ramp. Catch basins should be located immediately up‐grade of the wheelchair ramp entrances. Contractors shall establish grade elevations at all wheel chair ramp locations, and shall set transition lengths according to the appropriate table in the Construction Standards (or to the details shown on the plans). All wheelchair ramp joints and transition sections which define grade changes shall be formed, staked and checked prior to placing cement concrete. No additional payment will be made for alterations or rework required to meet AAB/ADA/PROWAG regulations. All grade changes are to be made at joints. RAMP & WALK SURFACE TESTING Sidewalks and wheelchair ramps when measured with a 2‐foot “smart level” shall meet the grades specified herein, as shown in the standards, or as shown in the contract plans and specifications. In any case where the level rocks when placed on a surface, measurement shall be taken in both extreme positions and neither measurement shall exceed the allowed slope. The slope of a segment of sidewalk shall be measured in the direction of travel and parallel to the roadway. Cross slopes on tangent sections of sidewalk are measured perpendicular to the run of the sidewalk. Cross slopes on sections of sidewalks which follow a curve are to be measured on radial lines. The cross slope of a constructed sidewalk shall not exceed 2.0%. The slope of a level landing after construction shall not exceed 2.0% in any direction. The slope of a constructed ramp, when measured in the direction of travel, shall not exceed 8.3% except when the transition length is limited to 15 feet. In this case, the 15‐foot length is the standard for determining acceptance and the slope is not the determining value. The cross slope of a wheelchair ramp shall not exceed 2.0% when measured perpendicular to the direction of travel. DISPOSAL OF SURPLUS EXCAVATED MATERIALS All surplus materials resulting from excavation and not needed for use on the project, as determined by the Engineer, shall be tested for contamination prior to disposal as applicable. Materials deemed uncontaminated shall be disposed of by the Contractor outside and away from the limits of the project, subject to the regulations and requirements of local authorities governing the disposal of such materials. Payment for this work shall be included in the unit price under the applicable item from which the material was obtained. Materials deemed contaminated shall be stockpiled and protected from erosion until they can be reused onsite or disposed of according to the recommended disposal method of contaminant found. Upon completion of all disposal operations, the Contractor shall provide written documentation to the Engineer indicating all surplus material has been properly disposed of. At a minimum, the documentation shall include specific dates of disposal, types of material, and location where material was disposed. The contractor is solely responsible for the proper disposal of all material and assumes any and liability related thereto. Where feasible the Contractor may contact the local DPW to see if surplus gravel or loam material can be delivered to the local DPW yard. If allowed by DPW the Contractor must conform to all requirements of the authority. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐16 SPECIAL PROVISIONS FOR EXCAVATION, EMBANKMENTS AND EROSION CONTROL (Supplementing the Standard Specifications) The Contractor is cautioned that prior to commencing any operation that will expose the soil and render it subject to erosion, necessary hay bales and silt fences shall be positioned at the top of proposed slopes as indicated on the drawings, and in all other locations required and as directed by the Engineer. All slopes shall be seeded. Slopes shall be seeded as soon as practicable to keep the area of soil open to the elements at a minimum. The following conditions shall be adhered to: 1. Bank stability should be maintained in the area of disturbance. In the event the bank is altered in any fashion, proper steps should be taken to stabilize the area. Hay bales, jute netting, erosion control blankets, scarifying, and other standard forms of erosion prevention should be used to prevent silt from entering the City’s drainage system. 2. Equipment refueling for this project should be conducted in areas where accidental spills would not enter river flows via catch basins or other means. 3. The Contractor will not be permitted to begin any work until schedules and methods for accomplishment of temporary and permanent erosion control have been submitted and approved. EROSION/SEDIMENTATION CONTROL All sedimentation barriers and catch basin protection shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland, water body, or City drainage system. During construction, the Contractor or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The Contractor shall immediately control any erosion problems that occur at the site and shall also immediately notify the Engineer & City who reserves the right to require additional erosion and/or damage prevention controls she/he may deem necessary. CONSTRUCTION (STAKES) STAKINGS & SURVEY The Contractor will furnish all layout and survey engineering necessary to maintain lines and grades and accurate control for the work. Prior to placement of concrete form walks and ramps, the area shall be checked by the foreman/supervisor for conformance to the plans, AAB/ADA standards, and MassDOT ramp standards as applicable. If it is determined in review of the grading, formwork, or even after the placement of concrete that non‐compliance exists the Contractor shall at no cost demolish and repair the work to the specifications. TRAFFIC OFFICER FOR FLAGGING Attention is directed to the provisions of Section 7 ‐ Northampton DPW & Northampton Police Agreement which shall apply to this contract. Where required, the Contractor shall be responsible for deciding and scheduling police detail at least one week in advance for the desired shift with the Northampton Police Shared Use & Sidewalk Ramps Project Northampton, MA 5‐17 Department, and keep track of all scheduled hours. Special attention is directed to local policy that requires Police not flaggers whenever work is in the traveled way, roads or lanes are blocked, or it is near congested areas including the City Center. In addition, the Contractor shall pay at their own expense all charges for traffic officers who were scheduled to perform traffic duty and were not notified at least 3 hours prior to the scheduled shift (or as required by the Police Dept.), in accordance with the Northampton Police Department’s rules and regulations, of either a change in schedule, inclement weather or a work shift cancellation. The Contractor shall carry the rate per hour listed in the Contract. Attention is directed that there is a 4‐hour minimum. More than four officers at a site requires a supervisor which would be more and would be handled on a case by case basis. ESTIMATES OF TRAFFIC WARNING SIGNAGE & DELINEATORS DURING CONSTRUCTION Special Attention is directed to the provisions of the Contract in the following items: ITEM 850.31 PORTABLE BREAKWAY BARRICADES TYPE III EA ITEM 852 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF ITEM 851.1 TRAFFIC CONES FOR TRAFFIC MANAGEMENT EA‐DAY ITEM 859 REFLECTORIZED DRUM EA‐DAY ITEM 657 TEMPORARY CHAIN LINK FENCE LF The maintenance and protection of traffic around the work is generally depicted on the plans and specifications. The engineering quantity estimates of traffic warning signage, fence, barricades, delineators, and the like assumes a 5 day duration for each ramp and that all signage is furnished and installed at all locations simultaneously. It is anticipated that construction phasing will only allow only one lane or sidewalk/path closure to be taken by the Contractor at a given location to maintain free flowing traffic. This will dictate that the patterns be shifted from one side to the other or as required to complete the work. Based on this assumption, it will only require a percentage of the items presented to be furnished and installed at any given time and it is anticipated that they can be reused at different locations and intersections throughout the project. The Contractor shall be responsible for means and methods and scheduling to complete within the allotted time in accordance with a traffic management plan. The Contractor is responsible to create and follow a Traffic Management Plan to safely sign, channelize, and direct all pedestrians, traffic, and bicycles around the work zone in accordance with MUTCD. All required movement positioning, repositioning, transfer, and removal per day or per setup is included as incidental to these pay items for the Contractor in accordance with the requirements to maintain a safe and workable traffic management pattern. AWARD AND EXECUTION OF THE CONTRACT (Supplementing Section 3.00 of the Standard Specifications) 3.41 Certification of Construction Equipment Standard Compliance Requirement. The Contractor shall certify that any and all large non‐road diesel construction equipment (greater than 50 horsepower) used on this contract have emission control devices installed, such as oxidation catalysts or particulate filters, on the exhaust system side of the diesel combustion engine equipment. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐18 The Certification of Construction Equipment Standard Compliance form shall be sent with the notification of award to the successful bidder, who shall execute and deliver the said form within 14 days after the date of the notice of award. Should the successful bidder fail to execute the said form, the City may, at its option, determine that the Contractor has abandoned the Contract, and shall take action in accordance with the Standard Specifications for Highways and Bridges, Subsection 3.06 ‐ Failure to Execute Contract. SAMPLE FORM. This form in this proposal pamphlet is not to be filled out by the Contractor. The actual form to be filled out will be sent after the Award of Contract along with the Performance and Payment Bond paperwork. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐19 CERTIFICATION OF CONSTRUCTION EQUIPMENT STANDARD COMPLIANCE I, ____________________________________________________authorized signatory for __________________________________________whose principal place of business is at do hereby certify that any and all large non‐road (greater than 50 horsepower) diesel construction equipment (DCE) to be used in this contract has emission control devices installed, such as oxidation catalysts or particulate filters, on the exhaust system side of the diesel combustion engine equipment. I am submitting on behalf of ________________________, a list of said diesel construction equipment, labeled “Diesel Retrofit Data”, which will be used in connection with this contract. The said list includes but is not limited to the number of vehicles subject to this certification and the number of vehicles retrofitted by vehicle type. I acknowledge that this certificate is being furnished as a requirement under this contract, and is subject to applicable, State and Federal Laws, both criminal and civil. Signature _____________________________________ Date ________________________ Shared Use & Sidewalk Ramps Project Northampton, MA 5‐20 DIESEL RETROFIT DATA Contract No.: Contractor: City/Town: Description: Equipment Make/Model Engine Horsepower Under pains and penalties of perjury I certify that the information is correct and accurate as of the date of my signature. Name (print) Title Signature Date Shared Use & Sidewalk Ramps Project Northampton, MA 5‐21 SUBSECTION 4.06 INCREASED OR DECREASED CONTRACT QUANTITIES (Replacing Subsection 4.06 of the Standard Specifications) The quantities contained in the Contract are set forth as a basis for the comparison of bids only and may not necessarily reflect the actual quantity of work to be performed. The City or Engineer reserves the right to increase, decrease or eliminate the quantity of any particular item of work. Where the actual quantity of a pay item varies more than 25 percent above or below the estimated quantity stated in the Contract, an equitable adjustment in the Contract Price for that pay item shall be negotiated upon demand of either party regardless of the cause of the variation in quantity. No allowances will be made for loss of anticipated overhead costs or profits suffered or claimed by the Contractor resulting directly or indirectly from such increased, decreased or eliminated quantities or from unbalanced allocation among the contract items from any other cause. It is the intention of this provision to preserve the bid basis while limiting the Contractor’s risk exposure to 25% of each bid quantity. In the case of an overrun, the contractor will be compensated at the Contract Unit Price for a quantity up to 125% of the Contract quantity. The adjusted unit price shall only be applied to that quantity above 125% of the contract quantity. Neither party shall be required to demonstrate any change in the cost to perform the work based solely on the overrun. The original Contract unit bid price shall have no bearing on determining the adjusted unit price for an overrun. The adjusted unit price shall be based on the estimated cost of performing the added work over 125% of the bid quantity. In the event that an adjusted unit price cannot be agreed upon within 60 days after being requested by either party, a unit price will be established that is deemed to be fair and equitable by the Engineer, whether higher or lower than the unit price bid. Payment will be made at that rate until agreement is reached or until the Contractor chooses to exercise their rights under Section 7.16. To assist the Engineer in the determination of an equitable adjustment for an overrun, the Contractor shall prepare a submission in the following manner and accept as full payment for work or materials an amount for an equitable adjustment in the Contract Price equal to the following: A. The actual cost or a reasonable cost estimate for direct labor, material (less value of salvage, if any) and use of equipment, plus 10 percent of this total for overhead; B. Plus actual cost or a reasonable cost estimate of Worker’s Compensation and Liability Insurance, Health, Welfare and Pension Benefits, Social Security deductions and Employment Security Benefits; C. Plus 10 percent of the total of (1) and (2) for profit and other unallocated costs; D. Plus the estimated proportionate cost of surety bonds. E. No allowance shall be made for general superintendence and the use of small tools and manual equipment. For work performed by a Subcontractor, the Contractor shall accept as full payment therefore an amount equal to the actual cost or the reasonable cost estimate to the Contractor of such work as determined by the Engineer, plus 10 percent of such cost. The Subcontractor is bound by the same criteria for the determination of an equitable adjustment as the Contractor. Shared Use & Sidewalk Ramps Project Northampton, MA 5‐22 In the case of an underrun, the unit price for the actual quantity installed, if less than 75% of the bid quantity, shall only be adjusted to account for increased unit costs that result solely from the decreased quantity. The adjusted unit price shall be the bid price plus the demonstrated unit change in the cost of performing the work due solely to the decreased quantity. The Contractor shall prepare a submission demonstrating actual increased unit costs for review and evaluation by the Engineer. No allowance will be made for loss of anticipated overhead costs or profits suffered or claimed by the Contractor resulting directly or indirectly from such decreased or eliminated quantities. The Contractor is required to furnish itemized statements of cost and give the City access to supporting records. PROMPT PAYMENT AND RELEASE OF RETAINAGE TO SUBCONTRACTORS The Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of subcontract work not later than 10 business days from the receipt of each payment the prime contractor receives from City of Northampton. Failure to comply with this requirement may result in the withholding of payment to the prime contractor until such time as all payment due under this provision has been received by the subcontractor(s) and/or referral for action which may affect the contractor’s status for further work with the City. The Contractor further agrees to make payment in full, including retainage, to each subcontractor not later than 10 business days after the subcontractor has completed all of the work required under its subcontract. CONFORMANCE WITH DAVIS‐BACON ACT AND OTHER LABOR LAWS The project to be performed pursuant to this Contract will be financed with assistance from the (Community Development Block Grant Program) and is subject to all applicable Federal, State and local regulations. The Community Development Block Grant (CDBG) program is a program that provides communities with resources to address a wide range of unique community development needs. Beginning in 1974, the CDBG program is one of the longest continuously run programs at HUD. The principal contractor (also referred to as the prime or general contractor) is responsible for the full compliance of all employers (the contractor, subcontractors and any lower‐tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. The Contract Administrator for this project is: City of Northampton Office of Planning & Sustainability Attn: Wayne Feiden, Director 210 Main Street Shared Use & Sidewalk Ramps Project Northampton, MA 5‐23 Room 11 Northampton, MA 01060 (413) 587‐1265 The following paragraphs briefly describe what the labor standards laws and labor standards clauses describe the responsibilities of the contractor concerning Davis‐Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. I. The Copeland Act (Anti‐Kickback Act): The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally‐assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. II. The Fair Labor Standards Act (FLSA): The FLSA contains Federal minimum wage rates, overtime (O/T), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA. HUD will refer to the DOL any possible FLSA violations that are found on HUD projects. III. The HUD labor standards: The applicable HUD labor standards clauses are part of the Contract and describe the responsibilities of the contractor concerning Davis‐Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. The HUD‐4010, Federal Labor Standards Provisions, which is used for CDBG and HOME projects are part of this Contract. See attached HUD‐4010 Standards. IV. Davis‐Bacon Wage Decisions: The Davis‐Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid. The higher of the Davis‐Bacon Wage Decision and the Massachusetts Prevailing Wage Rates must be paid to all employees. V. Assurance of Compliance (Section 3, HUD Act of 1968): Training, Employment, and Contracting Opportunities for Businesses and Lower Income Persons a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD‐assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low‐ and Shared Use & Sidewalk Ramps Project Northampton, MA 5‐24 very low‐income persons, particularly persons who are recipients of HUD assistance for housing. b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts g) With respect to work performed in connection with section 3 covered Indian Shared Use & Sidewalk Ramps Project Northampton, MA 5‐25 housing assistance, section 7(b) of the Indian Self‐Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (2) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian‐owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Date: Applicant Address Authorized Signature Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be c onstructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will n otify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Previous editions are obsolete Page 2 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or p art of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; Previous editions are obsolete Page 3 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Previous editions are obsolete Page 4 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.” 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete Page 5 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐1 SECTION 6 – TECHNICAL SPECIFICATIONS ITEM 102.51 INDIVIDUAL TREE PROTECTION EACH The work under this item shall conform to the relevant provisions of Sections 101 and 771 of the Standard Specifications, the tree protection detail provided in the Special Provisions and the following: The purpose of the work is to prevent damage to and ensure the survival of existing trees that are to remain. The work includes steps to minimize disturbance and the construction of protection for trees close to construction areas. Contact the Northampton Tree Warden to ensure proper care is taken to protect trees adjacent to limit of work. Tree protection shall be based on ANSI Standards A300 Part 5 prior to construction and inspected by tree warden. Examination of Conditions The Contractor shall protect all existing trees not designated to be removed for the length of the construction period. The Contractor shall be responsible for determining the full extent of the work requirements, including any equipment and materials required for providing tree protection. Materials The type of fence and temporary fence posts proposed for individual tree protection shall be subject to the approval of the Engineer. Fencing shall be 4 foot high orange plastic utility/snow fence. The material and size of fence posts shall be adequate to securely support the fence. The trees will be protected with 2x4 pieces of wood (cut to length) tied around the circumference of the trunk with metal banding. Contractor shall provide water to maintain trees in the construction area that will have exposed root systems for any period during construction. Construction Method The tree protection fencing shall be constructed in accordance with the plans and specifications. Prior to any construction activities, the Contractor shall meet on site with the Engineer to designate which trees are to be protected. The Contractor shall coordinate construction staging so that no equipment or materials are under the canopy of any trees. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐2 Equipment movement over the root zone is prohibited. For each tree to be protected, the Contractor shall set posts and fencing at the limits of the tree canopy. Where construction activities must occur closer to the trees, the Contractor shall move branches out of the way and place aged pine bark mulch to a depth of 2 inches on the ground to protect the root systems. Individual tree protection fencing and wood chips shall be maintained throughout the duration of the construction. Protective fencing shall be repaired and aged pine bark mulch replaced as required. After all other construction is complete, but prior to final seeding, aged pine bark mulch and protective fencing materials shall be removed and legally disposed off‐site by the Contractor. Cutting and Pruning Some pruning of roots and branches may be a necessary part of construction. Such pruning shall be performed on the same side of the tree that roots have been severed. The Contractor shall retain the services of a state‐certified tree surgeon to oversee any cutting of limbs, stem or roots of existing trees. All cuts shall be clean and executed with an approved tool. Under no circumstances shall excavation in the tree protection area be made with mechanical equipment that might damage the existing root systems. Any tree root area exposed by construction shall be closed and watered within eight hours. If during that period of time, tree roots are exposed to full sun and/or air temperature exceeds 70° F, exposed roots shall be protected by covering with dampened burlap. Water each tree until saturated within the construction area where work is in progress twice per week for the duration of construction activities. Tree Damage Any tree damage which, in the Engineer's determination, can be remedied by corrective maintenance shall be repaired immediately. Broken limbs shall be pruned according to industry standards. Wounds shall not be painted. Trees which are damaged irreparably shall be replaced by the Contractor with new trees of approved size and type. Measurement and Payment Individual tree protection will be measured for payment by the number of trees actually protected by protective fencing. No work shall be done until tree protection has been approved by the Tree Warden. Individual tree protection will be paid for at the Contract unit price each, which price shall include full compensation for all labor, equipment, materials and incidental costs for the work, including the services of a certified tree surgeon, water, aged pine bark mulch, the subsequent removal and satisfactory disposal of the protective materials upon completion of the work, damage repair and required replacement. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐3 ITEM 120.1 UNCLASSIFIED EXCAVATION CUBIC YARD The work to be done under this item shall conform to the relevant provisions of Section 120 of the Standard Specifications and the following. Item 120.1 shall include the excavation, removal and disposal of any item required within the project limits for which there is no other pay item. This item shall specifically include, but not be limited to, all vegetation, landscaping, concrete and bituminous sidewalks, ramps and deleterious material beneath existing walks and ramps, etc. It shall also include all excavation within the driveway and sidewalk layout to the proposed subgrade elevations as shown on the plans. Excavation will include but not be limited to subbase, granite and concrete curb, and existing concrete sidewalks/ramps. All work specified under the above‐mentioned item will be paid for at the contract unit price per square yard of area excavated under the item named above for the performance and completion of the work as herein specified. Method of Measurement Item 120.1 will be measured per cubic yard of material transported and legally disposed of offsite. Basis of Payment Payment for work under this item shall be paid for at the contract unit price per cubic yard under the Item 120.1. ITEM 129.2 OLD PAVEMENT EXCAVATION SQUARE YARD The work shall include the excavation and disposal of all the existing bituminous material shown and described in the contract documents that is in the street. Any damage to existing utilities shown on the Contract Drawings or outside the Item work scope shall be the responsibility of the Contractor and repaired or replaced, as determined by the Engineer, at the sole cost of the Contractor. Method of Measurement Measurement shall be based on actual field measurements at the units specified under the Bid Form. If the subgrade is excavated without review and approval of the Engineer the Contractor shall be responsible for the cost of replacing the subgrade to the prior grades. Any areas excavated due to unsuitable materials in the location of the walk or ramps determined by the Engineer shall be measured and paid for under Item 120.1 – Unclassified Excavation. Payment shall consist of legally removing, transporting, and disposing the excavated pavement. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐4 ITEM 151. GRAVEL BORROW CUBIC YARD Construction of all embankment fill shall be done in accordance with the relevant provisions of Sections 120, 150 and 170 and in accordance with the procedures described herein. This work comprises the formation of embankments with suitable material obtained from excavation and borrow, thoroughly compacted to produce a stabilized embankment. The work shall be performed in accordance with the lines and grades shown on the plans as directed. Material available from widened cuts outside the slopes as indicated on the plans or as ordered by the Engineer may be used in embankments or elsewhere upon written request by the Contractor and subsequent written approval by the Engineer. The Engineer shall determine the suitability of any excavation material for incorporation in the embankment. If the Contractor desires to waste excavated material and provide borrow to replace it for his own convenience, he may do so only after obtaining the written approval of the Engineer and after satisfactory arrangements have been made for the measurements and disposal of the material. When it is determined by the Engineer that there is not sufficient material available either from excavation within the Right‐of‐Way or the slope lines of the section under Contract for the formation of embankments, roadbeds in cut sections, foundations, shoulders, or backfill the Contractor shall obtain such additional material as may be necessary from outside the location, and this material will be borrow material. Materials All embankment material, whether coming from excavation or borrow shall consist of solid, sound mineral aggregate. It shall be free from deleterious, organic, elastic or foreign matter and shall be adequately graded for satisfactory compaction into a stabilized soil structure. The material will be classified into particular groups according to AASHTO M 145, “The Classification of Soils and Soil Aggregate Mixtures for Highway Construction Purposes”. All borrow material to be furnished shall meet the requirements specified in the following Subsections of MassDOT Standard Specifications for Bridges and Highways, Division III, Materials: Ordinary Borrow M1.01.0 Gravel Borrow M1.03.0 (Type C under sidewalks, Type B under pavement) Sand Borrow M1.04.0 (Type B) Construction Methods Shared Use & Sidewalk Ramps Project Northampton, MA 6‐5 Prior to starting work, the Contractor shall obtain approval for the compaction equipment to be used. Unless otherwise required in the Special Provisions, each layer of embankment material shall be thoroughly compacted with power rollers or tamping rollers. Other equipment or equivalent compactive capacity may be used subject to trial on the project and approval by the Engineer. Compacting equipment will not be used for any other purpose during compaction operations. The use of tractors, trucks, scrapers or other equipment designed primarily for purposes other than compaction and being used for purposes other than solely compaction will not be considered as compaction equipment, but traffic of such vehicles shall be distributed over this fill in such a manner as to take advantage of the additional compaction afforded thereby. Sufficient levelling and compacting equipment shall be provided to do the work of spreading and compacting the material promptly after it has been deposited. When, in the Engineer's judgment, such equipment is inadequate to spread and compact the material properly, the Contractor shall reduce the rate of excavation and placing of the fill to a rate not to exceed the capacity of the leveling and compacting equipment or employ additional equipment. The Contractor shall plan his grading operation to use all rock possible from all excavation either as backfill in excavated muck areas or in areas of greatest depth. Before placing of any fill, the areas under embankments shall be cleared, grubbed, and stripped as specified in Section 101 and 120. Frozen material shall not be placed on embankments nor shall embankment be placed on material frozen to a depth of over 3 inches. If during the construction of an embankment, the top layer becomes frozen to a depth of over 3 inches, the frozen material shall be removed before a succeeding layer is placed on the embankment. This work shall be performed at no additional expense to the Department. Frozen excavated material which will be suitable when dry shall be allowed to thaw and dry and then be placed in the embankment. No compensation will be allowed for the storing and rehandling of these materials. Embankments shall be formed by placing successive layers of material uniformly distributed and compacted over the full width of the cross section unless otherwise directed. Stumps, rubbish, sod, frozen or other unsuitable materials shall not be incorporated in the embankment. Preparation of Foundation & Subgrade Areas The foundation areas shall be cleared, grubbed and stripped as required, and a soft, spongy or other material undesirable for embankment foundation shall be removed. When, in the Engineer's judgment, there is reasonable doubt as to the suitability of the existing material for embankment foundation, no further work shall be performed in the area in question until the material is tested and approved for use or remedial methods are ordered by the Engineer. Embankment areas 3 feet or less in height from the subgrade to the existing ground shall be rough graded and compacted to not less than 95 percent of the maximum dry density of the material as determined by the AASHTO Standard Method of Test T99, Method C at optimum moisture content, as determined by the Engineer, without additional compensation before placing any fill. If the material retained on the #4 sieves Shared Use & Sidewalk Ramps Project Northampton, MA 6‐6 is 50% or more of the total sample this test shall not apply and the material shall be compacted to the satisfaction of the Engineer. For embankments greater in height than 3 feet below the proposed subgrade to existing ground no additional embankment foundation area preparation will be required, provided the material within the area is suitable for the purpose. Regardless of the height of fill, where embankment is to be placed against existing earth slopes, steeper than 3 to 1, the slope shall be broken up into steps of random width as the fill is placed in order to provide a suitable bond between the existing ground and the new embankment. Both the material cut out and the bottom of the area cut into shall be compacted along with and to the same degree as the material being placed in the embankment without additional compensation for excavation, benching or compacting. Embankment Construction with Materials Other Than Rock Embankment construction with materials other than rock shall not be placed from December 1 to April 1, except with written permission of and under such special conditions and restrictions as may be imposed by the Engineer. Earth embankment shall be placed and compacted in uniform layers not exceeding 12 inches in depth, loose measurement; each layer of material shall be spread on the entire width of the embankment and levelled off by approved equipment. The embankment materials shall be compacted to not less than 95 percent of the maximum dry density of the embankment material as determined by AASHTO Standard Method of Test T 99, Method C, corrected in accordance with AASHTO T 224. If the material retained on the ¾ inch (19 mm) sieve is 30 percent or more of the total sample, this test shall not apply and the material shall be compacted to the target density. The target density shall be established by determining the number of passes of a roller required to produce a constant and uniform density, after conducting a series of tests using either AASHTO T 310, In‐Place Density and Moisture Content of Soil and Soil‐Aggregate by Nuclear Methods (Shallow Depth), or AASHTO T 191, Density of Soil In‐Place by the Sand‐Cone Method. The Contractor shall, without additional compensation, employ whatever measures may be necessary to adjust the natural water content of the suitable embankment material to permit the placement and compaction as hereinbefore specified. If the natural‐in‐place moisture of the excavated material makes it impractical to compact the soil, the Contractor shall dry the soil by disking, harrowing, blading, rotary mixing or by other approved means, or compaction of the layer of wet material may be deferred until the layer has dried so that it can be properly compacted. If these above methods do not produce the desired results, or when in the judgment of the Engineer, excess moisture resulting from climatic conditions beyond the control of the Contractor is considered to have affected adversely the stability of the previously placed and satisfactorily compacted embankment materials, the Engineer may direct the placement of single layers of" Special Borrow" to act as stabilizing drainage layers. When so ordered by the Engineer, the Contractor shall place a layer of “Special Borrow" having a depth of not more than 12 inches in thickness, loose measure. Such materials shall be placed completely over the entire width between the limits designated by the Engineer, and shall Shared Use & Sidewalk Ramps Project Northampton, MA 6‐7 be compacted as hereinafter specified before the succeeding layer of suitable embankment materials from the roadway excavation is placed. The work may be ordered suspended if the weather and climactic conditions are such that the embankment and excavation cannot be performed in accordance with the specifications. No additional compensation will be allowed to the Contractor for such suspension of work. If the work is ordered suspended due to weather or other climatic conditions not under the control of the Contractor, an extension of time may be granted to the Contractor by the Engineer. Method of Measurement. All borrow with the exception of sand borrow and crushed stone will be measured in place. When this method of measurement is impracticable and the Engineer, prior to the start of construction, so directs and the Contractor agrees in writing, borrow, with the exception of sand borrow and crushed stone, will be measured in its original position in the pit after stripping by the cross‐section method. When ordinary borrow is paid for as measured in place, it shall be measured from existing or compacted old ground surface to the lines and grades applicable to embankment as shown on the plans or as directed. The volume of ordinary and special borrow when in place measure is necessary, shall be determined as follows: 1. Measure the total volume of embankment in place; 2. Add 12.5 percent of this quantity (for compaction); 3. Deduct the total volume of all suitable materials available for embankments, including rock excavation; except that excavated under Section 140.60; 4. Deduct an additional 25 percent of the volume of rock excavation. When not measured in its original position in the pit by the cross‐section method, gravel borrow used in subbase, gravel for base course, gravel for surfacing, gravel for bridge foundations and gravel for backfilling around structures and pipes, will be paid for as measured in place plus 15 %. When not measured in its original position in the pit by cross section method gravel borrow used in slope stabilization and other miscellaneous uses will be paid as measured in place plus 12.5%. If material that is measured in place is taken from a cross sectioned pit, the amount of material to be deducted from the cross‐section pit quantity shall be equal to the material measured in place plus any allowable percent added to the in‐place measurement. Sand borrow will be measured by the cubic yard by load measurement. The quantity shall be the volume of the load, as measured, divided by 1.15. If stone screenings are used the volume shall be obtained from its weight using 2700 pounds as the weight of a cubic yard of stone screenings. Crushed stone complete in place will be measured by the ton. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐8 The weight slips shall be countersigned on delivery by the Engineer, and no weight slip not so countersigned shall be included for any payment under the Contract. No overhaul allowance will be made for any kind of borrow. Basis of Payment Payment for the formation of embankments as specified will be included in the items of excavation or borrow. Excavated material used with the permission of the Engineer for other than the formation of embankments will be paid for as specified in Subsection 120.81 and such payment shall include full compensation for the formation of the required embankments. The contract unit prices for the aforesaid items shall constitute full compensation for the satisfactory performance and completion of the entire work. Borrow will be paid for at the contract unit price per cubic yard, complete in place, which shall include such test pits and borings necessary to procure samples to establish the suitability of the materials and all required stripping operations. ITEM 170 FINE GRADING & COMPACTING SQUARE YARD The work to be done under this item shall conform to the relevant provisions of Section 170 of the aforesaid Standard Specifications and the following: Gravel shall be spread and rolled true to lines and grades with an approved three‐wheel roller or approved equal weighing not less than ten (10) tons to yield a final 8‐inch depth inside walk areas, or as directed by the engineer, after rolling. All sub‐base layers shall be compacted to not less than ninety‐five (95) percent of the maximum dry density of the material as determined by the ASTM D‐1557 (Modified Proctor) compaction test at optimum moisture content. Any depression that appears during or after rolling shall be filled with processed gravel and re‐compacted until the surface is true and even. As directed by the Engineer, samples of gravel to be used shall be tested for gradation by a sieve analysis and the compacted gravel shall be tested for compaction by the sand cone, nuclear density or other method approved by the Engineer. All tests shall be paid for by the contractor. The shaping, trimming, compacting and finishing of the surface of the subgrade or existing gravel base, the grading and finishing of all unpaved shoulders and slopes and the preparation of all areas for topsoil, loam, riprap or slope paving as shown on the plans or as directed, shall be constructed in accordance with these specifications and in close conformance with the lines, grades and typical cross sections shown on the plans or established by the Engineer. Construction Methods All soft or spongy material below the subgrade shall be removed to a depth to be determined by the Engineer and backfilled with satisfactory material. All material within a depth of 2 feet below the subgrade in embankment areas shall conform to the requirements of Subsection M1.02.0 for Special Borrow Material except that it shall contain no stone Shared Use & Sidewalk Ramps Project Northampton, MA 6‐9 larger than 6 inches in its greatest dimension and shall be placed and compacted in layers not exceeding 8 inches in depth, compacted measurement. In cut sections (excluding rock excavation) where existing soil within a depth of 2 feet below the subgrade, after testing, is found to comply with the requirements of Subsection M1.02.0 Special Borrow Material, it shall not be excavated. In cut section (excluding rock excavation) where the existing soil within a depth of 2 feet below the sub‐ grade, after testing for gradation requirements, is found to have greater than 14% material passing the #200 mesh, the material shall be excavated. The replacing material shall conform to the requirements of Subsection M1.02.0 for Special Borrow Material, except that it shall contain no stone larger than 6 inches in its greatest dimension and shall be placed in layers not exceeding 8 inches in depth, compacted measurement. In areas where the contract specifies the use of gravel borrow and the existing soil, after testing, is found to comply with the requirements of Subsection M1.03.0, the material may remain in place if so directed by the Engineer. If replacement material is required to supplement the existing gravel it too shall conform to the requirements of Subsection M1.03.0. Fine Grading and Compacting Before surfacing or sub‐base is spread, the subgrade shall be shaped to a true surface conforming to the proposed cross section of the highway and compacted in accordance with the provisions of Subsections 150.60 and 150.62. All depressions and high spots shall be filled with suitable material or removed and such areas compacted until the surface is smooth and satisfactorily compacted. A tolerance of 1/2 inch above or below the finished sub grade will be allowed provided that this 1/2 inch above or below grade is not maintained for a distance longer than 50 feet and that the required crown is maintained in the subgrade. Any portion of the subgrade which is not accessible to a roller shall be thoroughly compacted with the mechanical tampers or by other adequate methods approved as satisfactory by the Engineer. Method of Measurement The grading and compaction of the subgrade will be measured by the horizontal square yard at the plane at the bottom of subgrade in all areas where a subgrade was placed. Grading and finishing for the entire project will include all grading work not included under the item of Fine Grading and Compacting (in subgrade area). Basis of Payment Payment for the shaping and compacting of the subgrade or existing gravel material as specified herein shall be included in the item for fine grading and compacting. The removal and disposal of material below subgrade will be paid for at the contract unit price per cubic yard for the appropriate excavation items in section 120. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐10 In areas where Gravel Borrow material is required as stipulated in Subsection 170.60, the material shall be paid for as Gravel Borrow. ITEM 181.1 HEALTH AND SAFETY PLAN LUMP SUM SCOPE OF WORK It is the Contractor's ultimate responsibility to ensure the health and safety of all the Contractor's employees and subcontracting personnel, the Engineer and his representatives, and the public from any on‐site chemical contamination. The Health & Safety Plan (HASP) shall be prepared by an experienced individual with the appropriate OSHA required training to prepare such a plan. It shall include the components required by OSHA 29 CPR 1910.120(b). The preparer's name and work experience shall be included as part of the Health and Safety Plan submittal. The plan shall be designed to identify, evaluate, and control health and safety hazards and provide for emergency response if needed. The Health and Safety Plan shall be a dynamic document with provision for change to reflect new information, new practices or procedures, changing site environmental conditions or other situations which may affect site workers and the public. Health and safety procedures provided by the Contractor shall comply with all the appropriate regulations that address employee working conditions (e.g. OSHA, RCRA, CERCLA). In addition, guidelines of NIOSH, OSHA, USCG, EPA, etc., shall be followed. Equipment used for the purpose of health and safety shall be approved and meet pertinent standards and specifications of the appropriate regulatory agencies. The Health and Safety Plan shall be submitted to the Engineer for approval at least two weeks prior to commencement of work. The review and acceptance of the plan by the Department does not relieve the contractor of the responsibility for attaining the required degree of protection and training, or to comply with all laws, rules, regulations, standards or guidelines in effect during the execution of the contract. A copy of the Health and Safety Plan shall be maintained on‐site at all times by the Contractor. The on‐ site copy shall contain the signature of the Engineer and each on‐site employee of the Department, Contractor and subcontractors. The employee's signature on the Health and Safety Plan shall be deemed prima facie evidence that the employee has read and understands the plan. A copy of the plan with signatures shall be submitted to the Engineer at the conclusion of the Contract, or at the Engineer's request. Signature sheets shall be submitted monthly, or at the request of the Engineer. The work to be done under this Item shall be paid at the Contract Lump Sum Price under Item 180.1 for the development and preparation of the HASP by a qualified individual. ITEM 181.2 IMPLEMENTATION OF HEALTH AND SAFETY PLAN HOUR SCOPE OF WORK For all construction activities which require handling or exposure to potentially hazardous materials, the Health and Safety Plan shall specify an on‐site Safety Officer. The Site Health and Safety Officer duties shall include, but are not limited to: implementation of the site Health and Safety Plan, training, evaluating risks, safety oversight, determining levels of personnel protection required, and performing any required monitoring at the site. A daily log shall be kept by the on‐site Safety Officer and provided weekly to the Shared Use & Sidewalk Ramps Project Northampton, MA 6‐11 Engineer. This log shall be used to record a description of the weather conditions, levels of personnel protection being employed, monitoring data and any other information relevant to on‐site safety conditions. The Site Health and Safety officer shall sign and date the daily log. In the event that subsurface contamination is discovered during construction, the Site Safety Officer shall be present to oversee all handling, storage, sampling, and transport of such contaminated materials. The level of protection, relative to respiratory and dermal hazards, required to ensure the health and safety of on‐site personnel will be stipulated in the Health and Safety Plan and will be subject to modification by the on‐site Safety Officer based on changing site and weather conditions and the following factors: type of operation or activity, chemical compounds identified on‐site, concentration of the chemicals, physical state of the hazardous materials, potential duration of exposure to hazardous materials, dexterity required to perform work, decontamination procedures, necessary personnel and equipment, and type of equipment to be utilized. The Contractor shall be required to provide appropriate personnel protective equipment for anyone who is working in an area either containing or suspected of containing a hazardous environment. This work will include both individuals physically working in these areas and those directing the work of same. BASIS OF PAYMENT Implementation of the Health and Safety Plan will be paid at the contract bid price per hour of implementing the plan and shall include the cost of enforcement by an on‐site Safety Officer. Personnel protective clothing and equipment below Level "C" shall be considered incidental to the project and shall be a cost borne by the contractor. ITEM 220 DRAINAGE STRUCTURE ADJUSTED EA General The work shall consist of rebuilding, removing, replacing, discarding and adjusting the masonry and castings of present structures, as required, to conform to newly proposed line and grade changes; to change in type of structure, or changes in type of castings; all in accordance with these specifications and in close conformity with the lines and grades shown on the plans or established by the Engineer. Materials Such materials as will be required shall conform to Subsection 201.40 General When the line or grade or both the line and grade of the structure changes by 6 inches or less, the structure shall be adjusted to line and grade. The masonry shall be removed to such depth as directed by the Engineer and new masonry shall be constructed to conform to the proposed design and in conformity with the requirements of the applicable parts of Section 201. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐12 Protection of Work The Contractor will be held responsible for the protection of the castings. Any frames, grates, or covers damaged in any manner during the progress of the construction shall be replaced with new castings by the Contractor, at his/her expense. Prior to the actual removal of the present castings a count will be made and recorded of all castings which are in satisfactory condition for reuse. The Contractor shall supply the number of castings recorded in the initial count, when they are required for reuse or when they are to be removed from the project by the City Method of Measurement Drainage Structure Adjusted will be measured in place by the unit each, complete and approved. Basis of Payment Drainage Structure Adjusted will be paid for at the contract unit price each. ITEM 440 CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL LB ITEM 443 WATER FOR ROADWAY DUST CONTROL MGL This work: shall consist of furnishing and applying approved dust control material to the surface of the subgrade or elsewhere as directed in accordance with these specifications. Materials The material for this work shall be of the kind shown on the plans and shall meet the requirements of the following Subsections of MassDOT Standard Specifications for Bridges and Highways, Division III, Materials. Calcium Chloride M9.01.0 Construction Methods The required material shall be properly applied where directed by the Engineer and distributed uniformly at the rate specified or ordered. The means of distribution shall depend upon the kind of material used, and the method and equipment used shall be satisfactory to the Engineer. The number and frequency of applications shall be as determined by the Engineer Treatment with Calcium Chloride Calcium chloride shall be uniformly applied at the rate of 1‐1/2 pounds per square yard or at any other rate as directed by means of a mechanical spreader, or other approved methods. Treatment with Water Water shall be applied at locations at such times and in the amount as directed by the Engineer. Quantities of water wasted or applied without authorization will not be paid for. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐13 Watering equipment shall consist of pipelines, tanks, tank trucks, or other devices, approved by the engineer, which are capable of applying a uniform spread of water over the surface. A suitable device for a positive shut‐off and for regulating the flow of water shall be located so as to permit positive operator control. Method of Measurement Calcium chloride will be measured the pound. Water will be measured for payment by the number of M gallons (1000 gallons). The water will be measured in tanks or tank trucks or predetermined capacity, or by means of satisfactorily installed meters. Any and all measuring devices shall be furnished by the Contractor. Basis of Payment Calcium chloride will be paid for at the contract unit price per pound under the item for Calcium Chloride for Roadway Dust Control, complete in place. Water will be paid for at the contract price per "M" gallons for Water for Roadway Dust Control which price shall include all water, labor, tools and equipment required to furnish and measure the water applied to surfaces designated by the engineer and at the times specified. ITEM 452 ASPHALT EMULSION FOR TACK COAT GALLON Work under this Item shall conform to the relevant provisions of Section 460.62 which includes the application of a tack coat of asphaltic emulsion (RS‐1) immediately prior to placing each HMA lift. HMA placed over scarified, milled or cold‐planed surfaces and to any other areas as directed by the Engineer shall be tack coated at an application rate of 0.07 gallon per square yard. HMA placed over smooth pavements (unmilled) shall be tack coated at an application rate of 0.05 gallons per square yard. Tack coat shall meet the requirements of M3.11.06. The existing surface shall be cleaned of all foreign matter and loose material and shall be dry before the tack coat is placed. Measurement for payment of bitumen for tack coat will be as provided in the Subsection 460.81 of the above referenced specifications and shall include payment for all labor, equipment and materials necessary for the satisfactory completion of the work. ITEM 464.5 HOT POURED RUBBERIZED ASPHALT SEALER LF Placing of the mixture shall be as nearly continuous as possible and the roller shall pass over the unprotected end of the newly placed mixture only when the placing of the course is to be discontinued for such length of time as would permit the mixture to attain initial stability. In all such cases, including the formation of joints as here specified, provision shall be made for proper bond with the new surface for the full specified depths of the courses. All transverse joints, all longitudinal joints of the surface course and all longitudinal joints in the Dense Binder Course under Open Graded Friction Course or Open Graded Friction Course‐Modified shall be treated prior to laying the next lane of hot mix asphalt as follows: Shared Use & Sidewalk Ramps Project Northampton, MA 6‐14 The joint shall be coated with a hot poured rubberized asphalt sealant meeting the requirements of M3.05.0. When using pavers in tandem, the use of the hot poured rubberized asphalt sealer may be omitted at the discretion of the Engineer, if the temperature of the mixture at the longitudinal joint does not fall below 200°F (95°C) prior to the placement of the adjacent mat. No re‐heating of the joint shall be permitted. The hot poured rubberized asphalt shall be applied to the joints from a double jacketed heating kettle with a positive drive gear pump that is connected to a suitable applicator. The nozzle of the applicator shall be set to deliver sufficient sealant to effectively bond and seal the transverse and longitudinal paving joint between two adjacent lanes of hot mix asphalt. Longitudinal and transverse joints shall be made in a careful manner, well bonded and sealed, and true to line and grade. Where and as directed, transverse joints for all courses and longitudinal joints for the top course placed under this or previous contracts shall be cut back to expose the full depth of the course and, when the laying of the course is resumed, the exposed edge of the joint shall be treated as above. In making joints along any adjoining edge such as curb, gutter or an adjoining pavement, and after the mixture is placed by the mechanical spreader, just enough of the hot material shall be placed by hand method to fill any space left open. These joints shall be properly "set‐up" with the back of a rake at the proper height and level to receive the maximum compaction. The work of "setting‐up" these joints shall be performed only by competent workmen. Where and as directed, the first width of any course shall be placed not less than one foot (300 mm) wider than the first width of top course, and successive widths of top and as any other courses shall be so placed that there will be at least a one foot (300 mm) overlap between the joints in the top course and the other course. The rolling of the successive widths of courses shall overlap and shall be performed so as to leave smooth, uniform joints and cross sections. Method of Measurement & Basis of Payment Sealing of longitudinal joints in asphalt pavement will be paid for at the unit bid price and shall be complete payment for sealing the edge of the previously laid mat with hot poured rubberized asphalt sealer and all incidentals required to complete the item. ITEM 472. HOT MIX ASPHALT FOR MISCELLANEOUS WORK TON The work to be done under this item shall conform to the relevant provisions of Section 472 of the aforesaid Standard Specifications and the following: This item is intended to be used for all areas that require asphalt patching, including Temporary, Permanent, Miscellaneous patching and leveling, and repaving of areas shown on plan. It shall include, but not be limited to test pits and trenching through pavements; leveling of uneven pavement; raveling Shared Use & Sidewalk Ramps Project Northampton, MA 6‐15 pavement areas due to cold planning operations, berm and driveway transitions at the limits of the work. Depth shall match existing of what is indicated below, whichever is greater. Minimum thickness for temporary patch shall be 1‐½ inches. Minimum thickness for permanent patch in driveway/parking area/sidewalk shall be 4” inches (two lifts, using 2‐1/2” Binder and 1‐1/2” Top Mixes. In main thoroughfares or roadways, depth shall be increased to 4” binder and 2” top minimum or to match existing conditions) Leveling courses shall be ½” final in place thickness using HMA Surface Treatment as specified in Table A of Subsection M3.11.03 of the C2012 Supplement to the Standard Specifications. Subsequent overlay courses shall be paid for under their respective Items. See Plans for details. Utility trenches shall be paved every 48 hours unless otherwise directed by the Engineer. For every component to be used in this project, the contractor shall provide a submittal demonstrating compliance with all the above‐mentioned requirements to the Engineer for review and approval. The Contractor shall only proceed with fabrication, delivery or construction for such items after receiving submittals marked "No Exception Taken" or "Furnish as Corrected" from the Engineer. Submittals and/or shop drawings marked "Revise and Resubmit" or "Rejected" shall be resubmitted. Method of Measurement & Basis of Payment Measurement for payment shall be made by submitted documentation of the actual tonnage used less any surplus left in truck. Documentation of materials used shall be provided at the time of delivery. Payment for miscellaneous bituminous concrete patching and leveling shall be paid at the Contract bid price per ton and shall include the cost of furnishing all labor, equipment and materials necessary to complete the work as herein specified. ITEM 482.3 SAWCUTTING ASPHALT PAVEMENT LF ITEM 482.4 SAWCUTTING PORTLAND CEMENT CONCRETE LF The work under these items shall conform to the relevant provision of Section 482 of the Standard Specifications and the following: The work shall include all saw‐cutting of existing asphalt and cement concrete surfaces at the limits of work on sidewalks and driveways and as required by the Engineer. Saw‐cut equipment shall be approved by the Engineer prior to commencing work. All edges of excavations made for saw‐cutting pavements and walks shall be squared by saw cutting with power‐driven tools to provide a neat, clean edge for joining new pavement as shown on the Plans. Ragged, uneven edges will not be accepted. Areas which have been broken or undermined shall be edged neatly with a minimum disturbance to remaining pavements. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐16 Saw‐cut surfaces in asphalt surfaces shall be sprayed or painted with a uniform thin coat of RS‐1 asphalt emulsion immediately before placement of bituminous concrete material against the surface. Sawing Asphalt Pavement (including saw‐cutting cement concrete surfaces) includes all labor, tools, materials, equipment, dust and debris management, and incidental costs required to complete the work. Method of Measurement Sawcuts made for both cement concrete and asphalt pavement will be measured and paid for under this item. Sawing Asphalt Pavement will be measured for payment by the linear foot, complete in place. Only sawcuts made at the limits of work for driveways and sidewalks will be measured for payment. All other sawcuts made for trenching, drainage structure installation, new or reset curb will be included in the unit price for their respective items and will not be measured for separately under this item. Basis of Payment All sawcuts will be paid for at the contract unit price per linear foot under Item 482.3, Sawing Asphalt Pavement. Price shall include all labor, tools, materials, equipment and incidental costs required to complete the work. This item does not include any additional sawcut by contractor as required for their course of work for crushing concrete and pavement for removal by truck. ITEM 506. GRANITE CURB TYPE VB, STRAIGHT LF ITEM 506.1 GRANITE CURB TYPE VB, CURVED LF ITEM 509. GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ STRAIGHT LF ITEM 509.1 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ CURVED LF ITEM 511.1 GRANITE EDGING TYPE SA, STRAIGHT LF ITEM 580 CURB REMOVED AND RESET LF ITEM 582 CURB CORNER REMOVED AND RESET LF The work to be done under this item shall conform to the relevant provisions of Section 500 of the aforesaid Standard Specifications and the following: 1. All curbing shall be installed in conformance with the plans 2. It shall also include all necessary excavation, 4000 psi Cement Concrete base and backfilling 3. The gravel foundation to be used shall be paid for under item 151 Gravel Borrow. 4. It shall also include all curbing including transitions, sloped edging, and small radii corners used at ramps. All work and materials under these items will be paid for at the respective contract unit price under the items named above for the performance and completion of the work as herein specified. ITEM 590 CURB REMOVED AND STACKED LF The work to be done under the above item shall conform to the relevant provisions of Sections 500 and 580 and the following. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐17 All existing curb which is indicated on the contract drawings or required by the Engineer to be removed and stacked, shall be removed, stacked on site, transported, offloaded and stacked at a location specified by the Engineer within the city of Northampton to be reused by the City of Northampton. Non‐salvageable material, as determined by the Engineer, shall become the property of the Contactor and shall be disposed of off the site. All surplus granite curbing shall be delivered at the D.P.W. Yard, 125 Locust Street, Northampton, MA. Method of Measurement Item 590. will be measured per foot removed, stacked, and transported. Basis of Payment Payment for this work will be made on a per FOOT basis, which shall constitute full compensation for all labor, tools, and equipment necessary to complete the work. ITEM 592 CURB CORNER REMOVED AND STACKED EA The work to be done under these items shall conform to the relevant provisions of Section 580 of the aforesaid Standard Specifications and the following: All granite curbing shall be delivered at the D.P.W. Yard, 125 Locust Street, Northampton, MA. All work and materials under these items will be paid for at the respective contract unit price under the items named above for the performance and completion of the work as herein specified. 632.4 INDIVIDUAL POST REMOVED & DISCARDED EA This work consists of removing present bollards on the bike path and legally disposing them as shown on the drawings in accordance with the plans, relevant provisions of Section 600 of the Standard Specifications and the following: The present bollards shall be carefully removed together with all fittings, anchors and appurtenances or cut off to a depth of 4 feet below grade. Old post holes shall be backfilled with suitable granular material and satisfactorily compacted under this item. Gravel borrow used for backfill will be paid under Item 151. All other removal, excavation, and restoration costs are included in this item per the each. Method of Measurement Individual bollards to be removed and disposed will be measured by the unit each. All existing, removed posts shall be legally disposed of by the Contractor. Basis of Payment Removing and stacking individual posts will be paid for at the contract unit price each for Individual Posts Removed and Stacked. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐18 ITEM 657 TEMPORARY CHAIN LINK FENCE LF The work to be performed under this item shall conform to the relevant provisions of Section 644 of the Standard Specifications and the following: To the extent possible, fencing shall be placed at the limit of work necessary to separate he work from the public and help guide pedestrians around the work zone. The fencing shall securely close off the construction work areas to pedestrians. The Contractor shall provide the Engineer with acceptable methods for the installation of the temporary fence both in and on ground that will provide for pedestrian safety and security. All posts, including end corner and intermediate brace posts, and all gates and gate posts, shall be as incidental to work under this item. The materials need not be new and shall be in a condition suitable for the intended purpose. All materials shall meet with the Engineer’s approval. The Contractor shall be responsible for the maintenance of the fencing and for ensuring that the work area remains secure and inaccessible to the general public at all times. All such maintenance, removal, movement, relocation, and reinstallation shall be incidental. Any minor or short term removing and resetting of temporary fence by the Contractor to perform construction operations shall be done at no additional cost to the Department. Fence fabric shall be placed on the top face of the post away from the work area. A top tension wire shall be used. The top edge of the fabric shall be finished with a “knuckled” selvage. Temporary fence shall not be removed until the construction is completed or until directed by the Engineer. Fencing to secure work areas shall be done in conjunction with the major stages of the construction as shown on the traffic management plan. When the temporary fencing initially provided under this item is required to be removed and reset, that removal and resetting for the contractor’s work is included under this item for no additional payment. After all other construction activities are complete, but prior to final seeding; temporary fencing shall be removed and disposed off‐site by the Contractor at no additional cost. The Contractor shall be held responsible for securing the work zone in the immediate vicinity of the of the construction area. The contractor shall provide for the safe movement of pedestrians, vehicular traffic, and emergency vehicles through the work zone while maintaining access to the buildings during business hours. The contract unit bid price shall be per linear foot and include full compensation for all equipment, materials, hardware, and labor for the work described above. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐19 ITEM 697 SEDIMENTATION FENCE LF This work shall consist of furnishing, installing, and removing sedimentation fence in accordance with these specifications and in close conformity with the lines and grades shown on the plans or established by the Engineer. Materials Materials shall meet the requirements specified in MassDOT Standard Specifications for Bridges and Highways, Division III, Materials, M 9.50.0, for Temporary Silt Fence. Fence post may be wood or metal. Wooden posts shall be at least 1¼ inches (30 mm) square by 5 feet (1.5 m) long. Metal posts shall be at least 1 inch (25 mm) in each dimension, 5 feet (1.5 m) long, and approved by the Engineer. For each specific use, only commercially available fabric which is certified in writing by the manufacturer for the purpose intended shall be used. Torn or punctured fabrics shall not be used. The fabric shall be at least 3 feet (1 m) wide. The contractor shall submit a 15 square yard (5 m2) sample and a minimum one yard (1 m) of top seam and cord shall be furnished for testing each type of fabric to be used, along with technical data sheets, for review and approval by the Engineer. The Engineer reserves the right to reject any fabric which is deemed unsatisfactory for a specific use. The brand name shall be labeled on the fabric or the fabric container. The contractor may use Department approved filter fabric, otherwise samples of proposed filter fabric shall be furnished 60 days prior to installation of the fabric. Fabrics which are susceptible to damage from sunlight or heat shall be identified by suitable warning information on the packaging material and shall not be used in any installations where exposure to light will exceed 30 days, unless specifically authorized in writing by the Engineer. The filter fabric shall have a cord (belt or rope) woven into the top edge of the roll to be used for attaching the fabric to the fence posts and providing support for the fabric. Installation Install fence posts no further than 8 feet (2.4 m) apart along the line of the proposed fence. The top of the posts shall extend at least 2 feet (600 mm) above the normal water level. Posts shall be driven into the soil to a sufficient depth to form a stable support for the filter fabric. Attach the fabric to the posts on the upstream side. Attachment of the fabric to the posts can be made with prefabricated pockets in the fabric, staples or other suitable arrangements approved by the Engineer. The fabric shall extend 2 feet (600 mm) above the normal water level and at least 1 foot (300 mm) shall extend horizontally along the soil at the bottom. Excavate a 6 x 6 inch (150 mm2) trench along the bottom upstream side of the fence, wrap the bottom of the fabric around the inside of the trench and then backfill the soil into the fabric pocket so as to anchor the fence fabric. Soil shall then be placed over the horizontal bottom layer of fabric to a depth of 6 inches (150 mm). Shared Use & Sidewalk Ramps Project Northampton, MA 6‐20 Fabric may be spliced together along the vertical edge by overlapping the pieces by one post spacing or 6 feet (2 m) whichever is greater and securing the layer together at intervals of 2 inches (50 mm). Should the required height exceed the roll width, a second roll shall be used. The width shall be overlapped a minimum of 1 foot (300 mm) and the layers shall be secured together at not more than 2 foot (600 mm) intervals along the midpoint of the overlap. Installation procedures may be varied to comply with manufacturer's recommended procedures with the approval of the Engineer. The contractor may submit alternate installation procedures for approval by the Engineer. Maintenance The installed fence shall be inspected at least daily by the contractor and restored as necessary to its approved, newly installed condition. Accumulations of debris and/or silt shall be removed and properly disposed of as necessary at no additional cost. In no case shall accumulations of more than 4 inches (100 mm) above the original ground line be permitted to remain. If a breach or other failure of the fence occurs, the fence shall be immediately restored. Any delay in maintaining the fence shall be cause to immediately suspend the work as provided for in Subsection 8.09. Removal Following the completion of the work and stabilization of adjacent soil, the fence shall be completely removed from the site and the area restored to its original condition. Method of Measurement Sedimentation Fence approved by the Engineer shall be measured in place by the length along the top of the fence. Overlaps shall be measured as a single layer of cloth. Basis of Payment The work will be paid for at the contract unit price per foot of Sedimentation Fence complete in place and shall include all materials, labor, and equipment required to furnish, install, maintain, and remove the fence as herein described. ITEM 697.1 SILT SACK EACH Work under this item shall conform to the relevant provisions of Sections 227 and 670 of the Standard Specifications and the following: The work under this item includes the furnishing, installation, maintenance and removal of a reusable fabric sack to be installed in drainage structures for the protection of wetlands and other resource areas and the prevention of silt and sediment from the construction site from entering the storm water collection system. Devices shall be ACF Environmental (800)‐448‐3636; Reed & Graham, Inc. Geosynthetics (888)‐381‐0800; The BMP Store (800)‐644‐9223; or approved equal. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐21 Construction Silt sacks shall be installed in retained existing and proposed catch basins and drop inlets within the project limits and as required by the Engineer. The silt sack shall be as manufactured to fit the opening of the drainage structure under regular flow conditions, and shall be mounted under the grate. The insert shall be secured from the surface such that the grate can be removed without the insert discharging into the structure. The filter material shall be installed and maintained in accordance with the manufacturer’s written literature and as directed by the Engineer. Silt sacks shall remain in place until the placement of the pavement overlay or top course and the graded areas have become permanently stabilized by vegetative growth. All materials used for the filter fabric will become the property of the Contractor and shall be removed from the site. The Contractor shall inspect the condition of silt sacks after each rainstorm and during major rain events. Silt sacks shall be cleaned periodically to remove and disposed of accumulated debris as required. Silt sacks, which become damaged during construction operations, shall be repaired or replaced immediately at no additional cost to the Department. When emptying the silt sack, the contractor shall take all due care to prevent sediment from entering the structure. Any silt or other debris found in the drainage system at the end of construction shall be removed at the Contractors expense. The silt and sediment from the silt sack shall be legally disposed of offsite. Under no condition shall silt and sediment from the insert be deposited on site and used in construction. ITEM 701 CEMENT CONCRETE SIDEWALK SQUARE YARD ITEM 701.2 CEMENT CONCRETE RAMP/DRIVEWAYS/PATHS SQUARE YARD The work to done under this Item shall conform to the relevant provisions of Section 701 Cement Concrete Sidewalks, Wheelchair Ramps, and Driveways of the Standard Specifications and the following: 1. Subgrade ‐ The subgrade for the sidewalks shall be shaped parallel to the proposed surface of the walks and thoroughly compacted. 2. Foundation ‐ Concrete walks shall be placed on a thoroughly compacted 8‐inch processed gravel foundation (gravel to be paid under item 151 of this contract). Depth of gravel at walks to be replaced should be confirmed to have 8” depth present. In the estimated quantity existing walks were assumed to require 4” depth of gravel to be replaced. New walks and ramps require 8” of gravel. 3. Forms ‐ Side forms and transverse forms for sidewalks shall be smooth, warp free, of sufficient strength to resist springing out of shape, of a depth to conform to the thickness of the proposed walk, and of a type satisfactory to the Engineer. All mortar or dirt shall be completely removed from forms that have been previously used. The forms shall be well staked and thoroughly braced and set to the established lines with their upper edge conforming to the grade of the finished walk which shall have sufficient pitch to the roadside edge of the walk to provide for surface drainage Shared Use & Sidewalk Ramps Project Northampton, MA 6‐22 but not to exceed 2%. All forms shall be oiled before placing concrete. From oil shall be kept off of the reinforcement mesh and rebar. 4. The concrete sidewalks shall be placed in alternate slabs not greater than 20‐30 feet in length unless otherwise directed and each section shall be completed by the end of a working day. Ramps shall be poured separate from adjacent walks. 5. Placing Concrete ‐ Immediately before concrete is placed, the base course shall be moistened. It shall be compact and smooth. The entire base course under the walk to be constructed in that pour shall be complete and accepted prior to beginning or placing of concrete. At no time shall concrete be placed on soft, muddy, frozen, porous or rutted base. 6. Expansion Joints ‐ The slabs for sidewalks shall be separated by preformed expansion joint filler (see plans for locations). A 1/2 inch thick preformed expansion joint shall be installed at transverse locations not to exceed twenty longitudinal feet, between curbs and walks, at structures projecting into and adjacent to the walk and concrete ramps as shown on the plans and details, or as directed by the Engineer. Preformed expansion joint filler shall be the bituminous cellular type and shall conform to the requirements of AASHTO M‐213 or MADOT M9.14. 7. Isolation Joints ‐ The isolation joints shall be made of tar paper and shall be installed against buildings, around street light poles or as directed by the Engineer. 8. Construction Joints – Joints between slabs, successive pours, or longitudinal joints shall be doweled or otherwise keyed to prevent differential settlement and heaving. 9. Consolidation shall be by hand or mechanical equipment. Experienced concrete finishers shall be used at all times in the finishing of the surface. Concrete shall be struck off by means of a hand screed resting on the side form and weighing not less than 10 pounds per linear foot or by portable non‐vibrating screed. Strike off shall bring the concrete to the required grade and contour. Screeding shall be a transverse, sawing motion carrying a roll or mortar in front of it. As soon as possible after screeding, the surface shall be longitudinally floated with a sawing motion commencing at one side and wasting excess material over the other side. Movement ahead in a longitudinal direction shall be one‐half the length of the float. The surface irregularities shall be removed by use of a finishing lute. The initial edging shall be performed, then the surface shall be dragged with a clean, wet, stiff bristle broom. Before initial set, the final edging against forms and expansion joints and of dummy joints shall be made. All edging shall be true to line and grade and shall not create depressions in the surface. 10. Finishing ‐ The finishing and jointing shall be as shown on the plans. No finishing operation shall be performed while free water is present. Finishing operations shall be delayed until all bled water and water sheen has left the surface and the concrete has started to stiffen. After water sheen has disappeared, edging operations, where required, shall be completed. After edging and joining operations, the surface shall be floated. Immediately following floating, the surface shall be steel‐troweled. Care shall be made when troweling air‐entrained concrete. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐23 11. Scoring/Tooling ‐ The surface of all concrete sidewalks shall be uniformly scored into modular units as determined on the job. The depth of scoring shall be at least one quarter of the thickness of the sidewalk. The surface of all concrete sidewalks shall be uniformly scored into block units of areas not more than 36 ft². The depth of the scoring shall be at least ½ in. deep and no more than ½ in. wide. 12. Curing shall be in accordance with the applicable provisions of Subsection 901 of the Commonwealth of Massachusetts DOT Standard Specifications for Highways and Bridges. Formed surfaces shall be kept continuously wet for the duration of the curing period (prior to, during, and after form removal) or until curing compound is applied. If moist curing is discontinued before the end of the curing period, white pigmented curing compound shall be applied immediately, following the procedures specified below. Liquid curing compound shall be applied immediately following the disappearance of the water sheen following the final finishing and before any marked dehydration of the concrete or surface checking occurs. The compound shall be applied in two even coats of one gallon per 200 square feet, with a continuous even film at right angles to each other and with not more than 30 minutes between coats. Application shall be by pressure sprayer giving a fine uniform spray. Should rain fall on the newly coated surface before it dries, a new application shall be maintained to protect the concrete surface from rain during finishing operations and until the curing compound dries. When completed the walks shall be kept moist and protected from traffic and weather for at least three (3) days in accordance with the applicable provisions of Subsection 901 of the aforementioned specifications. 13. Dowels for reinforcement ‐ The dowels shall conform to the specifications for Deformed Billet Steel Bars for Concrete Reinforcement, ASTM A‐615, Grade 40 (minimum), having a minimum diameter of ½ inch. 14. Welded Wire Mesh Reinforcement‐ Welded wire mesh reinforcement shall be cold drawn steel wire conforming to the requirements of AASHTO M‐55. The type of mesh shall be approved by the Engineer. Walks and ramps shall be reinforced with 10/10 ‐ 6x6 wire fabric per City of Northampton Standard. Additional #4 rebar at 12” o.c. each way may be required at thickened sections per the Engineer. Reinforcement shall be placed in the sidewalk at driveway crossings two (2) inches above the bottom surface of the concrete (or mid span for thickened sections) and parallel to the finished grade of the walk. Care shall be taken to hold the reinforcing mesh to the proper line and grade. Successive and adjacent pieces of reinforcing mesh shall be lapped at least six (6) inches. Reinforcing mesh shall be at least one & one‐half (1‐1/2) inch clear from the side of forms and expansion joints. 15. Concrete shall be a minimum of 4000 psi 28‐day strength, ¾” aggregate with 5%+/‐1% air entrainment suitable for use for flatwork, ramps, and sidewalks. Slump shall be 3” to 5” or as recommended by the ready‐mix supplier for flatwork exposed to the freeze/thaw. Concrete shall be mixed in approved transit mixers (concrete mixed in truck mixer en route to or at point of placement). Concrete shall be incorporated into the work within 45 minutes after the water was added to the mix. Concrete shall be discharged within 1‐1/2 hours from the time the dry aggregates are loaded into the mixture. Truck mixers shall be equipped with accurate gauges to measure the quantity of water incorporated into the mix and with an accurate drum revolution counter. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐24 Cold Weather: When, in the opinion of the Engineer, the weather is such that that any concrete work which has not completely cured is liable to be frozen, such concrete shall be protected by covering as soon as it has hardened sufficiently. On top of the curing compound shall be placed 6‐8 inches of hay or straw, or an approved thermal blanket. A cover sheet of width sufficient to overlap the edges of the walk or ramp shall then be placed and securely fastened down. The protective material shall remain in place until ordered removed by the Engineer and all material promptly removed from the site. Any concrete placed during cold weather and not properly protected will not be accepted. Concrete in Hot Weather: When climatic or other conditions are such that the temperature of the concrete may reasonably be expected to exceed 90 degrees F at the time of delivery at the work site, during placement, or during the first 25 hours after placement, the following provisions also apply: a. The contractor shall maintain the temperature of the concrete below 90 degrees F during mixing, conveying, and placing. Methods used shall conform to “Recommended Practice for Hot Weather Concreting”, ACI Standard 305. b. The concrete shall be placed in the work immediately after mixing. Truck mixing shall be delayed until only time enough remains to accomplish it before the concrete is placed. c. Exposed concrete surfaces which tend to dry or set too rapidly shall be continuously moistened by means of fog sprays or otherwise protected from drying during the time between placement and finishing and after finishing. d. Finishing of exposed surfaces shall be started as soon as the condition of the concrete allows and shall be completed without delay. e. Concrete surfaces exposed to the air shall be covered as soon as the concrete has hardened sufficiently and shall be kept continuously wet for at least the first 24 hours of the curing period and for the entire curing period unless curing compound is applied as specified under “Curing.” 16. Forms shall not be removed until the concrete has set at least 12 hours unless approved by the Engineer. Care shall be taken in removal so that no damage is done to the edges of the walk and to the surface membrane curing. All honeycomb shall be pointed and the sides sprayed with liquid curing compound if not immediately backfilled. All surplus material shall be removed, the concrete surface swept clean and the site left in a neat and presentable condition to the satisfaction of the Engineer. For every component to be used in this project, the contractor shall provide a submittal demonstrating compliance with all the above‐mentioned requirements to the Engineer for review and approval. The Contractor shall only proceed with fabrication, delivery or construction for such items after receiving Shared Use & Sidewalk Ramps Project Northampton, MA 6‐25 submittals marked "No Exception Taken" or "Furnish as Corrected" from the Engineer. Submittals and/or shop drawings marked "Revise and Resubmit" or "Rejected" shall be resubmitted. Furnishing and installing Cast‐In‐Place Detectable/Tactile Warning Surface Tiles at all wheelchair and shared use path ramps as indicated on the plans and as directed by the Engineer shall be paid for separately under Item 999.003. Submittals The Contractor shall submit for review and approval the concrete mix design and add mixtures to be used complete with record/representative break tests. Submittals and Cat Cuts shall be provided for curing compound, mesh reinforcement, preformed expansion joint, and joint sealer. Method of Measurement Concrete sidewalks, concrete sidewalks at driveways and concrete wheelchair ramps will be paid for at the contract unit price per square yard complete in place. Cement concrete ramps and sidewalks will be a minimum of 4” depth, a minimum 6” depth at driveways or bike/shared use paths, and at corner ramps subject to the potential of traffic. An additional depth of 2” minimum thicker haunches (over 4” minimum depth) is required at changes in material types i.e. concrete to bituminous. Item 701 will be measured per square yard of cement concrete sidewalk complete and in place. No additional measurement shall be made for haunches and thickened depths at driveways, corners, and bike path crossings. Item 701.2 will be measured per square yard of cement concrete ramp within the limits of the ramp as indicated on the plans. No additional measurement shall be made for haunches and 6” thick depths at driveways, corners, and bike path crossings. Basis of Payment Payment shall be per square yard of cement concrete sidewalk or cement concrete wheelchair ramps installed to ADA requirements which includes all labor, materials (including furnishing and installing detectable warning panels, and reinforcing bars/mesh), equipment, tools, and other incidentals necessary to complete the work including scoring, finishing, joining, and curing. Gravel Borrow will be paid for separately under item 151. Detectable warning will be paid for separately under item 999.003. Furnishing and installing Detectable/Tactile Warning Surface Tiles at all shared use path and wheelchair ramps as indicated on the plans and as directed by the Engineer shall be paid for separately under Item 999.003. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐26 ITEM 748 MOBILIZATION LUMP SUM/RAMP This item shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site, for the establishment of all contractor's field offices, buildings, and other facilities necessary for work on the project and all other work and operations which must be performed or for costs which must be incurred prior to beginning work. The total cost (unit bid price multiplied by the # ramps) for Item 748, Mobilization shall not exceed 3% of the contract total (apportioned over the base bid and add alternate items), exclusive of this item. Failure to observe this requirement may result in rejection of the bid. This work shall also include setting up/removal of the temporary barriers, construction trailers, storage yards, lay down areas, temporary utilities and other incidental work required to complete the project. Contractor shall provide portable toilets as required and service them throughout the project. The sequence of operations shall be to insure the most efficient use of the Contractor’s personnel, equipment, supplies and incidentals. All of the Contract Documents apply to the work of this Section. Carefully examine all of the Contract Documents for requirements which affect the work of this Section. The exact scope of work in this Section cannot be determined without a thorough review of all Specification Sections and other Contract Documents. Method of Measurement MOBILIZATION will be paid for at the Contract LUMP SUM price per ramp location; which shall be full compensation for furnishing all labor, materials, tools, equipment, testing, and other incidentals necessary to complete the work to the satisfaction of the Engineer. ITEM 751 LOAM BORROW CUBIC YARD ITEM 752 TOP SOIL REHANDLED AND SPREAD CUBIC YARD The work to be done under this item shall conform to the relevant provisions of Section 751 of the aforesaid Standard Specifications and the following: Materials Loam borrow shall meet material designation M1.05.0. Work included under this Item shall include but not be limited to: stockpiling, spreading and fine grading loam borrow. A minimum depth of 4" of loam borrow shall be applied in all lawn or vegetated areas that have been impacted by construction where other means of restoration have not been specified. Construction Methods Areas requiring four (4) inches of depth or less shall be covered with loam then seeded, areas greater than four (4) inches of depth shall be back‐filled with Ordinary Borrow then established to grade with four (4) inches of loam then seeded. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐27 A representative of the Engineer shall perform measurement for payment in the field with a representative of the Contractor to determine the number of square yards of loam and seed in accordance with the plans and this specification. For every component to be used in this project, the contractor shall provide a submittal demonstrating compliance with all the above‐mentioned requirements to the Engineer for review and approval. The Contractor shall only proceed with fabrication, delivery or construction for such items after receiving submittals marked "No Exception Taken" or "Furnish as Corrected" from the Engineer. Submittals and/or shop drawings marked "Revise and Resubmit" or "Rejected" shall be resubmitted. Method of Measurement Payment for loam and seed shall be paid for at the respective Contract price bid per cubic yard and shall include the cost of furnishing all labor, equipment and materials necessary to complete the loam. The work under this item consists of furnishing and placing loam and related items on an approved area in accordance with these specifications and in close conformity with the lines and grades shown on the plans or established by the Engineer. The work includes the placing, spreading and grading of loam borrow for seeded and planted areas, preparation of soil for plant material, amendment of loam as required to produce planting soil mix, and provision of soil additives required to adjust for pH requirements of specific plants. ITEM 765 SEEDING SQUARE YARD The work to be done under this item shall conform to the relevant provisions of Section 765 of the aforesaid Standard Specifications and the following: This Item shall be applied in all lawn or vegetated areas that have been impacted by construction where other means of restoration have not been specified. Work included under this Item shall include, but not be limited to, application of grass seed, fertilizer, and/or limestone, watering, and mowing as required to produce a vigorous growth of grass. Grass seed shall be in compliance with material designation M6.03.0. Unless otherwise noted all seeding shall be installed by method of hydroseeding with appropriate tackifier, mulch, and fertilizer. After the loamed or topsoil areas have been prepared, grass seed conforming to the respective formulas specified shall carefully sown thereon at the rate of approximately 50 pounds per acre. Seeding shall be done in two directions at right angles to each other. Seeding on level areas and on slopes up to and including 4:1 slopes shall be done by means of an approved seeder that will seed and roll in one operation. On shoulders and other narrow areas, the seeding may be done longitudinally in one application. Hay mulch shall be applied to all seeded areas in an amount sufficient to stabilize the area until vegetation is established. Erosion control blanket shall be provided on all slopes greater than 4:1. For every component to be used in this project, the contractor shall provide a submittal demonstrating compliance with all the above mentioned requirements to the Engineer for review and approval. The Contractor shall only proceed with fabrication, delivery or construction for such items after receiving submittals marked "No Exception Taken" or "Furnish as Corrected" from the Engineer. Submittals and/or shop drawings marked "Revise and Resubmit" or "Rejected" shall be resubmitted. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐28 This work shall consist of seeding certain areas at the locations indicated on the plans or designated by the Engineer, in accordance with these specifications. Materials Materials shall meet the requirements specified in the following Subsection of MassDOT Standard Specifications for Bridges and Highways, Division III, Materials: Limestone M6.01.0 Fertilizer M6.02.0 Grass Seed M6.03.0 Construction Methods The Contractor shall not proceed with the work of seeding until permission of the Engineer has been obtained. Before the application of limestone, fertilizer and seed, the Contractor shall harrow or roto‐till to a depth of 3 inches, when directed, all areas where loam or topsoil, has been placed under a previous contract when such areas are to be prepared for seeding under this contract. When loam borrow is placed, or topsoil is re‐handled and spread; and they are paid for under the respective items of a contract, they will not require harrowing or roto‐tilling. The Contractor shall remove all debris and stones having any dimensions greater than 2 inches before the application of limestone, fertilizer and seed. Application of Limestone Limestone may be applied in dry form or hydraulically as provided in Subsection 765 .65. Limestone where necessary shall be spread and thoroughly incorporated in the layer of loam or topsoil to adjust the acidity of the loam or topsoil. The rate of application of the limestone will vary up to a maximum of 1 pound per square yard depending on the results of laboratory tests conducted by the Department. The limestone shall be thoroughly incorporated into the layer of loam or topsoil and the upper 1 inch of the underlying subsoil by harrowing or other methods satisfactory to the Engineer so as to provide a layer of thoroughly mixed material for the seed bed Application of Fertilizer for Grass Fertilizer may be applied hydraulically as provided in Subsection 765.65. After the application of limestone, if found necessary, on the seed bed, fertilizer shall be spread on the top layer of loam or topsoil at the rate of 800 pounds per acre and worked into the seed bed. The full depth of loam or topsoil shall then be spaded or harrowed and graded to the required cross section. Seeding Grass After the loamed or topsoil areas have been prepared and treated as hereinbefore described, grass seed conforming to the respective formulas hereinbefore specified shall be carefully sown thereon at the rate Shared Use & Sidewalk Ramps Project Northampton, MA 6‐29 of approximately 50 pounds per acre. Seeding shall be done in two directions at right angles to each other. Seeding on level areas and on slopes up to and including 4: 1 slopes shall be done by means of an approved seeder that will seed and roll in one operation. On shoulders and other narrow areas, the seeding may be done longitudinally in one application. Seeding Grass by Spray Machine A hydraulic spray machine, approved by the Engineer, and designed specifically for seed dissemination may be utilized. The application of limestone as necessary, fertilizer and grass seed may be accomplished in one operation by the use of an approved spraying machine. The materials shall be mixed with water in the machine and kept in an agitated state in order that the materials may be uniformly suspended in the water. The spraying equipment shall be so designed that when the solution is sprayed over an area the resulting deposits of limestone, fertilizer and grass seed shall be equal in quantity to those quantities specified above in Subsections 765.61, 765.62 and 765.63. A certified statement shall be furnished, prior to start of work, to the Engineer by the Contractor as to the number of pounds of limestone, fertilizer, and grass seed, per 100 gal of water. This statement should also specify the number of square yards of seeding that can be covered with the solution specified above. If the results of the spray operation are unsatisfactory, the Contractor will be required to abandon this method and to apply the limestone, fertilizer and seed in accordance with the requirements of Subsections 765.61, 765.62 and 765.63. Care During Construction The Contractor shall be responsible for the watering of all seeded and grassed areas which shall be kept moist. The Engineer's decision will prevail in the event a dispute develops with the Contractor as to whether or not the seeded and grassed areas are moist. Seeded areas on which growth has started shall be watered to a minimum depth of 2 inches to assure continuing growth. Watering shall be done in a manner which will provide uniform coverage, prevent erosion due to application of excessive quantities over small areas, and prevent damage to the finished surface by the watering equipment. The Contractor shall furnish sufficient watering equipment to apply one complete coverage to the seeded areas in an 8 hour period. If necessary, suitable signs and barricades of brush or other materials shall be placed to protect the seeded areas. After the grass has appeared, all areas and parts of areas which fail to show a uniform stand of grass, for any reason whatsoever, shall be reseeded and such areas and parts of areas shall be seeded repeatedly until all areas are covered with a satisfactory growth of grass. The Contractor shall care for all of the seeded areas until the work has been physically accepted, without compensation in addition to the amount regularly to be paid under this item as hereinafter provided. Care shall include all regrading, re‐fertilizing, reseeding and mowing which may be necessary. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐30 Prior to the acceptance of the project the Contractor will be responsible for mowing the grass when necessary on all flat or rolling slopes from level to and including 4 to 1 slopes to a height of 3 inches when the grass has attained a height of eight inches. The grass on all slopes steeper than 4 to I shall be cut when necessary to a height of 3 inches at such a time as a stable turf has been established in the Engineer's judgment. Liability A satisfactory stand of grass, as determined by the Engineer, shall be required. To be acceptable, a stand of grass shall consist of a uniform stand of at least 60 percent established permanent grass species, with a uniform count of at least 100 plants per square foot. When all items of the contract, including the work specified under this item, have been acceptably completed except that a satisfactory stand of grass has not been produced, the contract may be accepted. Method of Measurement The quantity of seeding shall be the number of square yards based on actual measurements made over the general contour of the areas seeded, complete in place, and accepted. The contract price under this item shall constitute full payment for all material, labor and equipment required or incidental to the satisfactory completion of work as described above. Basis of Payment This work, including all mowing, will be paid for at the contract unit price per square yard under the item for Seeding, completed in place. When a satisfactory stand of grass has not been established at the time of acceptance, no payment for seeding shall be allowed at the time of acceptance. At the time the final estimate is ready to be forwarded to the Contractor the seeded areas will again be inspected by the Engineer and if a satisfactory stand of grass has been established, the seeded areas with a satisfactory stand of grass will be included for payment. ITEM 832 WARNING – REGULATORY AND ROUTE MARKER SF The work to be done under this item shall conform to the relevant provisions of Sections 800/828 of The Standard Specifications and the following: The work to be done under this item shall consist of removing existing signs to be replaced, and installing signs at new locations. The provisions of this section shall apply to the fabricating, furnishing and erecting roadside guide signs, warning and regulatory signs, route and project markers. Traffic Signs are officially erected devices, mounted on fixed supports, whereby specific messages are conveyed by means of words or symbols, for the purpose of regulating, warning or guiding traffic. All flat sign materials shall meet the requirements of the Northampton DPW and consist of aluminum type A or B. Unless otherwise noted, the work shall consist of fabrication of signage, placement of sign support, and securing signage or support. Signs shall be fabricated as directed by the Engineer in accordance with Section 828 Traffic Signs. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐31 Type 3 traffic warning signs shall include two signs that are furnished and installed on a twelve (12) foot post at the locations indicated on the plans. Type 3 signs include, but may not be limited to: W2‐3 W2‐4 W13‐1 W17‐1 Street Sign (located under Intersection Ahead Sign) Type 3A traffic warning signs shall include three signs that are furnished and installed on a twelve (12) foot post at the locations indicated on the plans. Type 3A signs include, but may not be limited to: W2‐3 W2‐4 W2‐5 W13‐1 W17‐1 R7‐4 2 Street Signs (located under Intersection Ahead Sign) Type 3B traffic warning signs shall include four signs that are furnished and installed on a twelve (12) foot post at the locations indicated on the plans. Type 3B signs include, but may not be limited to: W11‐ 2 W16‐7P (LEFT) W16‐7P (RIGHT) Any other type traffic warning or regulatory sign as shown on the plans and specifications not listed elsewhere. All existing, removed sign panels are to be returned to the Northampton DPW at the direction of the Engineer. All existing, removed posts shall be deposed of by the Contractor. Crosswalk Signage All pedestrian signage shall follow the most current edition of the MUTCD for pedestrian crossings (2C.50), school zones (Chapter 7B), retro‐reflectivity (Section 2A.07), and have the fluorescent yellow‐green background (Section 1A.12). Each crosswalk shall have the pedestrian sign (W 11‐2) with the diagonal downward pointing arrow (W 16‐7P) located within five (5) feet prior to the crosswalk on both sides of the street. Signage shall be provided for both sides of each post. Channel posts shall be 12‐foot long. Sign Posts Signs shall be supported on galvanized tube or channel posts of appropriate length and size including channel post anchors, a steel lap splice, carriage bolts, and breakaway nuts for post and sign installation. Reference is made to the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD). All new signs shall meet the current retro‐reflectivity standards. For every component to be used in this project, the contractor shall provide a submittal demonstrating compliance with all the above‐mentioned requirements to the Engineer for review and approval. The Contractor shall only proceed with fabrication, delivery or construction for such items after receiving submittals marked "No Exception Taken" or "Furnish as Corrected" from the Engineer. Submittals and/or shop drawings marked "Revise and Resubmit" or "Rejected" shall be resubmitted. All work and materials under this item will be paid for at the respective contract unit price each under the item named above for the performance and completion of the work as herein specified. ITEM 841.3 SUPPORT FOR GUIDE SIGN EACH The work shall consist of erection and fabrication of steel structural supports. Supports shall be fabricated as directed by the Engineer in accordance with Section 840 Sign Supports Shared Use & Sidewalk Ramps Project Northampton, MA 6‐32 The signs, foundations and supports shall be fabricated and erected in conformity with the following:  The Massachusetts Department of Public Works manual on "Uniform Traffic Control Devices" (Current Edition) hereinafter referred to as MUTCD.  The AASHTO publication entitled "Specifications for Design and Construction of Structural Supports for Highway Signs, Luminaires and Traffic Signals" (Current Edition).  The Massachusetts Department of Public Works Standard Drawings for Signs and Supports (Current Edition).  Any applicable municipal guidelines and specifications.  Shared use path signage Method of Measurement Posts will be measured by the respective unit complete in place including designing, furnishing and erecting the sign supports including break away devices. P‐5 posts may be either the square tube post or U channel type at the Contractor’s option. Signs mounted with square tube posts shall be installed as follows: Table 840.1: Sign Face Size Limitations for P‐5 Square Tube Posts Area (ft²) Mounting with P‐5 Square Tube Posts ≤7.5 Single 2.25‐in. x 2.25‐in. Post >7.5 but ≤15 Two 2.25‐in. x 2.25‐in. Posts >15 but ≤20 Two 2.5‐in. x 2.5‐in, Posts Single post installation shall be in accordance with the Standard Drawing and Signs and Supports. Signs with two posts require a slip base and shall be installed as per manufacturer's recommendations except that the sign post anchor shall be embedded at least 4 ft below ground surface. Signs mounted with U‐channel posts shall be installed as follows: Table 840.2: Sign Face Size Limitations for P‐5 U‐Channel Posts Area (ft²) Mounting with P‐5 U‐Channel Posts ≤10 Single Post >10 but ≤200 Two Posts Shared Use & Sidewalk Ramps Project Northampton, MA 6‐33 Sign Posts – P5. U Channel Posts (Painted Green – City Standard) U‐channel posts shall be fabricated from re‐rolled rail steel or an equivalent steel and shall conform to the mechanical requirements of ASTM A499, Grade 60 and the mechanical requirements of ASTM A1. All steel U‐channel posts shall weigh at least 4 lb. per ft and be entirely galvanized in accordance with Section M7: Paints, Protective Coatings and Pavement Markings. Holes shall be 0.4375 in. in diameter spaced at 1 in. on center and be punched prior to the galvanizing of the posts. All bolts, nuts and washers shall conform to the requirements of ASTM A307, Grade A. Bolts, nuts and washers shall be galvanized in accordance with the requirements of Section M7: Paints, Protective Coatings and Pavement Markings. Steel posts, sign post anchors, anchor sleeves, slip bases, lap splices, and any related hardware shall all be from the same manufacturer. No mixing of brands shall be allowed. Square Tube Posts (Alternate if U‐Channel is not sufficient or existing site has square tube to match) Square tube posts shall be square tube fabricated from 12 gage hot‐rolled carbon steel conforming to the requirements of ASTM A1011, Grade 50. Galvanizing shall be in accordance with ASTM A653, Coating Designation G140 with a minimum coating of 1.4 oz per ft² total of zinc on both sides under triple spot tests; or a minimum coating of 1.15 oz per ft² total of zinc on both sides under triple spot tests and after all fabrication and re‐galvanizing the posts shall be coated with a chromate conversion coating and sealed with an air‐dried clear organic polymer topcoat. Posts shall be welded directly in the corner by high frequency resistance welding or equal and externally scarfed to agree with standard corner radius of 0.15625 in. ±0.015625 in. The corner weld and holes shall be zinc coated after scarfing operations. Holes shall be 0.4375 in. in diameter and shall be placed 1 in. on center. Method of Measurement The foundation, excavation, backfilling and compaction for foundations and the structural supports shall be considered as one lump sum unit. Breakaway P‐5 Post Assembly, single or double, complete in place, shall be considered as one unit. Basis of Payment Payment items shall be paid at the contract unit price for each sign support installed. Payment for work done shall be at the contract lump sum price per each. The contract price shall be full compensation for designing, furnishing and erecting the sign supports including break away devices. ITEM 850.31 PORTABLE BREAKWAY BARRICADES TYPE III EA ITEM 851.1 TRAFFIC CONES FOR TRAFFIC MANAGEMENT EA‐DAY ITEM 852 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF ITEM 854.1 PAVEMENT MARKING REMOVAL SF ITEM 859 REFLECTORIZED DRUM EA‐DAY The work to be done under this item shall conform to the relevant provisions of Sections 850 of the aforesaid Standard Specifications and the following: Shared Use & Sidewalk Ramps Project Northampton, MA 6‐34 Work under this Section consists of furnishing, installing and maintaining in proper operating condition various traffic control devices for the protection of the traveling public and working personnel during construction and maintenance operations. The design, application, and installation of all devices shall conform to MassDOT’s “Standard Details and Drawings for the Development of Temporary Traffic Control Plans” and the MUTCD, and/or as directed. The Contractor shall be responsible for the installation of adequate safety precautions for the protection of the traveling public and all project personnel. All construction vehicles not protected by any form of traffic control device on a project which is open to traffic shall have an amber flashing light mounted on the cab roof or on the highest practical point of the machinery. The light shall be in operation whenever the equipment is working on the highway or travel way. Amber flashers must be a minimum of 40 cd and have a flashing frequency of 50 to 60 times per minute. Either rotating beacons or strobe lights meeting these requirements are acceptable. All materials provided by the Contractor under the items of this section shall remain the property of the Contractor upon completion of the project. All work under this Section shall conform to the approved Temporary Traffic Control Plan to be submitted by the Contractor and the Specifications contained herein. It shall also include all signs, fencing, posts, barricades, cones, reflectorized barrels, and delineators as shown on the Traffic and Pedestrian Circulation Plans included in the contract. All required movement positioning, repositioning, transfer, and removal per day or per setup is included as incidental to this item for the Contractor to maintain a safe and workable traffic management pattern. Portable Breakaway Barricades Type III consists of furnishing, positioning, repositioning, maintaining and removing. Portable Breakaway Barricades Type III where indicated on the plans and/or as directed by the Engineer. Portable Breakaway Barricades shall conform to the plans and the following requirements: 1. MUTCD. 2. Reflectorized sheeting conforming to M9.30.0: Retroreflective Sheeting, Type VIII. Pipe shall be Polyvinyl Chloride (PVC) pressure rated SDR 21 or SDR 26 ASTM D2241. Fittings may be PVC ASTM D2665 or Acrylonitrile Butadiene Styrene (ABS) ASTM D2661 (Drainage Waste and Vent). 3. The alternating 6 in. wide reflectorized diagonal stripe shall be orange and white and shall slope downward at 45° toward the end by which the traffic is to pass. Barricades that block the passage of traffic or designate the end of the traveled way shall have alternating vertical orange and white stripes on the rails. Safety Signing for Traffic Management consists of furnishing, positioning, repositioning, covering and uncovering, maintaining and removing, as needed and/or as directed: regulatory, warning, and guide signs together with their supports. If additional, temporary, or break‐away supports are needed due to site conditions they will be considered incidental to the work. Traffic Cones for Traffic Management will be paid for at the contract unit price per day which shall provide full compensation for furnishing, positioning, repositioning, and removing traffic cones as directed by the Engineer. A day shall cover all traffic cones for traffic management necessary in that time period, regardless of the total number of cones and regardless of the number of locations at which cones are used. The Contractor will receive the day payment for the period in which the Traffic Cones for Traffic Management are deployed. Safety Signing for Traffic Management will be paid for at the contract unit Shared Use & Sidewalk Ramps Project Northampton, MA 6‐35 price per square foot which shall include full compensation for furnishing, installing, maintaining, positioning, repositioning, and removing the signs. Pavement Marking Removal will be paid for at the contract unit price per square foot which shall provide full compensation for removing existing markings or grinding as required including any necessary repairs to the roadway surface. Reflectorized Drums will be paid for at the contract unit price per day which shall include full compensation for furnishing, positioning, repositioning, and removing Reflectorized Drums as directed by the Engineer. Flashing lights as shown on the Temporary Traffic Control Plan or as required for overnight use shall be considered incidental to Item 859. Reflectorized Drum. The Contractor must prepare and submit for approval a traffic management plan for each location in the contract including the redirection of pedestrians around the work area. All of the above notes materials (including extras & spares) shall be made available at the job site for inspection and approval by the Engineer prior to commencement of construction. Submittals The Contractor shall submit for review and approval a traffic management plan for each location detailing how they plan to separate traffic, bicyclists, and pedestrians from the work including any closures and reroutes proposed. For every component to be used in this project, the contractor shall provide a submittal demonstrating compliance with all the above‐mentioned requirements to the Engineer for review and approval. The Contractor shall only proceed with fabrication, delivery or construction for such items after receiving submittals marked "No Exception Taken" or "Furnish as Corrected" from the Engineer. Submittals and/or shop drawings marked "Revise and Resubmit" or "Rejected" shall be resubmitted. The contract price under this item shall constitute full payment for all material, labor and equipment required or incidental to the satisfactory completion of work as described above. Any devices provided under this section which are lost, stolen, destroyed or deemed unacceptable while their use is required on the project shall be replaced without additional compensation. ITEM 864.04 PAVEMENT ARROWS AND LEGENDS SF REFLECTORIZED WHITE LINE (THERMOPLASTIC) ITEM 865.1 CROSSWALKS AND STOP LINES SF REFLECTORIZED WHITE (THERMOPLASTIC) The work to be done under this item shall conform to the relevant provisions of Section 860 of the aforesaid Standard Specifications and the following: It shall include the installation of white arrows, bicycle lane and arrow symbols, “SCHOOL” legends, stop lines, crosswalks, parking space lines and other legends as specified on the plans or as directed by the engineer. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐36 All proposed striping shall be white lines thermoplastic. The Contractor shall supply suitable gauges for measuring the thickness of pavement markings; a digital gauge for thermoplastic lines and wet film thickness gauges for painted lines. The gauges will remain the property of the Contractor upon completion of the project. For every component to be used in this project, the contractor shall provide a submittal demonstrating compliance with all the above‐mentioned requirements to the Engineer for review and approval. The Contractor shall only proceed with fabrication, delivery or construction for such items after receiving submittals marked "No Exception Taken" or "Furnish as Corrected" from the Engineer. Submittals and/or shop drawings marked "Revise and Resubmit" or "Rejected" shall be resubmitted. All work and materials under this item will be paid for at the respective contract unit price under the item named above for the performance and completion of the work as herein specified. ITEM 874.2 TRAFFIC SIGN REMOVED AND RESET EACH The work to be done this item shall conform to the relevant provisions of Sections 828 and 840 of the Standard Specifications and the following. The work to be done under this item shall include the dismantling, removal, temporary storage, protection, transporting, and resetting of the existing signs at the location indicated on the plans on existing supports that are removed and reset or if necessary new supports. The work also includes the removal and disposal of the existing sign supports and foundations determined by the Engineer to be unusable. Signs, attachment hardware and sign support posts lost, damaged or otherwise made unsuitable for reuse while being removed, transported, stored, or reset shall be replaced with new materials at the Contractor’s expense. New attachment hardware shall be furnished as necessary to replace any missing or unusable existing hardware. The Contractor shall exercise particular care in the dismantling, removal, transporting and resetting of the existing signs designated to be reused. Any sign panel damaged by the Contractor’s operations shall be replaced at the Contractor's expense. Payment for new supports and hardware, as required, for signs to be removed and reset shall be included under Item 847.8 and 841.3. The Contractor shall backfill with compacted gravel all holes resulting from the removal of the existing signs and their foundations and restore the area to match existing conditions of adjacent areas. The existing signs shall not be removed and reset without approval by the Engineer. Included under this item are warning, regulatory, street name signs, route marker signs and miscellaneous directional signs. Method of Measurement The work described above will be measured by the unit “each.” Shared Use & Sidewalk Ramps Project Northampton, MA 6‐37 Basis of Payment Payment for removing and resetting signs will be at the respective contract unit price each and will be full compensation for dismantling, excavation and removal, loading, transporting and resetting of the signs as designated above, the removal and disposal of their supports, gravel backfill, and concrete foundations where required. ITEM 999.003 TRUNCATED DOME TACTILE INDICATOR SF The work to be done under this item shall consist of furnishing and installing Cast‐In‐Place Detectable/Tactile Warning Surface Tiles at all wheelchair ramps as indicated on the plans and as directed by the Engineer. The proposed devices to be used shall be submitted to and approved by the Engineer prior to installation. Cast‐in‐place (for general use on project) Color: Color shall be yellow conforming to Federal Color No. 33538. Color shall be homogeneous throughout the tile. Length and Width: Cast‐In‐Place Replaceable Tactile units shall be 24” by full width of ramp and of type that are field replaceable. Tiles shall be stored, handled, installed, and cleaned according to the manufacturers’ instructions. Cast‐In‐Place Replaceable Tactile units are typically available in 24” x 36”, 24” x 48”, 24” x 60”. Type: All tiles shall be cast‐in‐place and replaceable designed for new construction and set into wet concrete. Textured surfaces (i.e., detectable warnings with truncated domes) must adhere to ADA sidewalk requirements for size, spacing, and contrast. Truncated domes must have a base diameter between 0.9 and 1.4 inches, a top diameter from 50% to 65% of the base, and a base‐to‐base spacing of at least 0.65 inches. There must be visual contrast with walking surfaces near it (with a light‐on‐dark or dark‐on‐light contrast). Also, any surface at a platform boarding edge must be at least 24 inches wide and cover the full length of public use areas. Surface Applied (only where indicated on plans) Color: Color shall be yellow conforming to Federal Color. Length and Width: Surface Applied Tactile units shall be 24” by full width of ramp. Tiles shall be stored, handled, installed, and cleaned according to the manufacturers’ instructions. Cast‐In‐Place Replaceable Typical sizes available in 2’x2’, 2’x3’, 2’x4’, & 2’x5’. Type: Self‐Adhesive ADA Truncated Domes for Asphalt or Concrete shall be installed as shown to retrofit an existing ramp. These tactile dome mats are pre‐molded and made from fiber‐reinforced polymer‐ modified flexible cement or equal. The mat when applied must not be a tripping hazard and have tight integrated bonding. It must have industrial adhesive that forms an integrated powerful bond between the materials of the mat and the materials of the surface it adheres to. The mat must be flexible to allow them to conform to slight irregularities on surface. Must meet the required ADA minimum of 5 years of service. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐38 For every component to be used in this project, the contractor shall provide a submittal demonstrating compliance with all the above mentioned requirements to the Engineer for review and approval. The Contractor shall only proceed with fabrication, delivery or construction for such items after receiving submittals marked "No Exception Taken" or "Furnish as Corrected" from the Engineer. Submittals and/or shop drawings marked "Revise and Resubmit" or "Rejected" shall be resubmitted. All materials and associated work under this item will be paid for at the respective contract unit price SQUARE FOOT under the item named above for the performance and completion of the work as herein specified. ITEM 999.1 TRAFFIC POLICE HOURLY It shall be the Contractor’s responsibility to arrange and pay for traffic police coverage during construction operations in accordance with the Northampton Police Department regulations. The City shall reimburse all traffic police fees paid by the contractor for this project for the amount based on hours worked. However, the Contractor shall pay at their own expense all charges for traffic officers who were scheduled to perform traffic duty and were not notified at least 3 hours prior to the scheduled shift (or as may be dictated by the Local Police Dept.), in accordance with the Northampton Police Department’s rules and regulations, of either a change in schedule, inclement weather or a work shift cancellation. The Contractor shall carry the rate per hour listed in the Contract. Attention is directed that there is a 4‐hour minimum. The normal 10% administration fee and additional $20 per hour for use of a cruiser if necessary is waived for a Contractor working directly for the City. More than four officers at a site requires a supervisor which would be more and would be handled on a case by case basis. The hourly rate is $51.00 straight time ‐ 4 hours minimum. Any work out in the road or intersections near city center requires officers. More than four officers at a site requires a supervisor which would be more. ITEM 999.3 CONSTRUCTION STAKINGS & SURVEY LS/EA RAMP It shall be the Contractor’s responsibility to arrange and furnish all layout and survey engineering necessary to maintain lines and grades and accurate control for the work. Prior to placement of concrete form walks and ramps, the area shall be checked for conformance to the plans, AAB/ADA standards, and MassDOT ramp standards as applicable. Sidewalks and with ramps when measured with a 2‐foot “smart level” shall meet the grades specified herein, as shown in the standards, or as shown in the contract plans and specifications. In any case where the level rocks when placed on a surface, measurement shall be taken in both extreme positions and neither measurement shall exceed the allowed slope. The slope of a segment of sidewalk shall be measured in the direction of travel and parallel to the roadway. Cross slopes on tangent sections of sidewalk are measured perpendicular to the run of the sidewalk. Cross slopes on sections of sidewalks which follow a curve are to be measured on radial lines. ITEM 999.4 TEMPORARY ACCESSIBLE ROUTE LS/EA RAMP This work shall consist of providing a Temporary Access Control Plan for pedestrians and bicyclists at each ramp location and executing the plan in the field per LS each basis. This plan shall consist of identifying a Temporary Pedestrian Accessible Route (TPAR) and features needed to assist pedestrian, bicyclists and non‐motorized vehicles safe movement within and around the construction zone in general conformance with the plan set standard details for pedestrian bypass routes. This work shall be done in accordance Shared Use & Sidewalk Ramps Project Northampton, MA 6‐39 with Contract provisions and the Contractor’s management plan. The Contractor shall develop and provide for a continuous Temporary Pedestrian Accessible Route (TPAR) for this Project. The TPAR shall clearly address all non‐motorized users in the construction zone. The Contractor shall submit this plan to the Engineer for acceptance prior to construction. The TPAR shall guide pedestrians through and/or around the Project by using devices such as signage, barricades, and temporary curb ramps or blended transitions. Where the TPAR is exposed to adjacent construction, excavation drop‐offs, traffic, or other hazards, it shall be protected with a pedestrian barricade or channelizing device. All TPARs must have a smooth, level, slip resistant surface and shall meet the applicable requirements of the Public Right‐of‐Way Accessibility Guidelines (PROWAG). The Contractor shall schedule and coordinate the replacement of the pedestrian access to accommodate the needs of the business and residences. Existing sidewalks shall be left in‐place until such time that it is required to remove them to accommodate new construction. Pedestrian access may be provided to businesses be provided to buildings without alternate public entrances. Where disrupted by construction, the Contractor must provide a continuous TPAR for all areas disrupted construction throughout all phases of construction. Only one side of the roadway may be disrupted at a time for pedestrian curb ramp, blended transition, or sidewalk construction. Where it is not feasible to provide a same‐side TPAR and pedestrians will be detoured, the alternate route must provide a similar level of accessibility to the existing route. This may include the incorporation of accessible pedestrian signals (APS), curb ramps, or other accessibility features such as Temporary Pedestrian Barricades. Temporary Pedestrian Barricades are required that consist of furnishing, deploying, maintaining in proper operating conditions, and removing temporary pedestrian barricades and temporary pedestrian ramps as part of a Temporary Pedestrian Access Route (TPAR) in order to guide pedestrians around a fully‐ or partially‐closed sidewalk. These devices are intended to prevent pedestrians from entering the work area and to prevent pedestrians from inadvertently entering the vehicle travel lane by providing visual and physical separation between each space. The Temporary Pedestrian Barricade shall have a continuous bottom rail or edge no more than two (2) inches above the ground and eight (8) inches in height (minimum) to accommodate cane users, have a smooth and continuous hand railing along the top edge no less than 32 inches above the ground and not obstruct or project into the pedestrian path of travel. Barricade walls shall be nearly vertical and generally within the same plane. If exposed to traffic, Temporary Pedestrian Barricades shall be crashworthy. The Temporary Pedestrian Barricade shall be placed in an area that will provide pedestrians with a TPAR on a smooth, continuous hard surface for its entirety. The geometry and alignment of the facility shall meet the applicable requirements of the “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities” and the Massachusetts Architectural Access Board. The recommended width of the TPAR is 60 inches, but if constraints exist a minimum clear width of 48 inches shall be provided along its entirety. If a 60 inch width cannot be accommodated in full, a 60 inch by 60 inch passing space shall be provided every 200 feet or less along the TPAR. Turning areas shall be 60 inches by 60 inches minimum. Lateral joints between any surfaces shall not exceed 0.5 inches. Lateral edges may be vertical up to 0.25 inches high and shall be beveled at 1V:2H between 0.25 inches and 0.5 inches. The TPAR shall be kept clear of debris, snow, and ice and the Temporary Pedestrian Barricades shall not obstruct drainage. Removal, moving, and/or resetting of Temporary Pedestrian Barricades in accordance with the Contractor’s management plan shall be considered incidental. Installation and removal of temporary striping across the road is considered incidental. Shared Use & Sidewalk Ramps Project Northampton, MA 6‐40 No measurement will be made of the various items that constitute Temporary Pedestrian Access Control, but all such work shall be construed to be included in the lump sum payment under Item 999.4 (TEMPORARY ACCESSIBLE ROUTE). The lump sum payment shall be compensation in full for all costs of furnishing, installing, maintaining and removing the individual ramps, channelization devices, warning devices, temporary pedestrian barricades, TL‐2 traffic barriers, installation/removal of temporary walk striping, and signs etc. This price shall include the cost of furnishing, installing, resetting, moving, adjusting, removal, and maintaining in good working condition all TPAR devices. All traffic control required under this Contract for pedestrian access shall be performed as incidental work for which no direct payment will be made other than this item. ITEM 999.5 CONCRETE COLD PLANE/GRIND SF This work shall consist of fine milling, micro milling, plaining, or grinding of existing concrete sidewalks to transition to newly constructed ramps and walks. The Contractor shall correct out of tolerance existing concrete surface irregularities by the use of concrete planning or grinding equipment that does not damage the remaining concrete or violate minimum cover requirements on steel reinforcement. The spoil material shall become the property of the Contractor and shall be removed and disposed from the site. The Contractor is responsible for dust control and the capture and disposal of fine particulate that may be generated by this work. Grinding repairs may be by use of a diamond grinding tool of other surface profiling devices and shall generally not exceed 1 inch vertically. The repaired section surface finish shall conform to the non‐ slip coefficient of friction, per the Americans with Disabilities Act (ADA). This can be achieved by roughening the surface with a saw blade, grinding wheel, or other approved method. Grind off the hazard so that the walk has a gradual slope or transition. For a ½‐inch of rise, grind back 6 inches. For a (maximum) 1 inch rise, grind back 12 inches. All materials and associated work under this item will be paid for at the respective contract unit price SQUARE FOOT under the item named above for the performance and completion of the work as herein specified. Shared Use & Sidewalk Ramps Project Northampton, MA 7‐1 SECTION 7 – ADDITIONAL INFORMATION a. NORTHAMPTON DPW ‐ EXCAVATION TRENCH PERMIT & TREE PROTECTION GUIDELINES b. NORTHAMPTON DPW ‐ ROAD FLAGGER & POLICE DETAIL AGREEMENT c. FORM FOR GENERAL GUARANTEE d. FINAL RELEASE FORM e. CERTIFICATION OF LEGAL DUMPING FACILITIES f. AFFIDAVIT OF COMPLIANCE WITH WAGE AND LABOR g. AFFIDAVIT OF PAYMENT TO SUBCONTRACTORS AND SUPPLIERS h. CERTIFICATE OF SUBSTANTIAL COMPLETION i. CONTRACTOR’S FINAL PAYMENT CERTIFICATE j. CONSENT OF SURETY TO FINAL PAYMENT k. RELEASE AND WAIVER OF LIENS AND CLAIMS l. APPLICATION FOR PAYMENT FORM m. TAX EXEMPT CERTIFICATE n. FEDERAL FORMS FOR DAVIS BACON COMPLIANCE 40 Dripline method of establishing a Tree Protection Zone (TPZ) Notes: 1. See Speciﬁcations for additional tree protection requirements. 2. If there is no existing irrigation, see speciﬁcations for watering requirements 3. No pruning shall be performed except by approved arborist or Tree Warden. Crown Dripline Critical Root Zone The Critical Root Zone (CRZ) is the area around the trunk that contains roots that are vital for the well-being and strength of trees. The Tree Protection Zone (TPZ) is an area deﬁned by a certiﬁed arborist that surrounds a trunk with the purpose of protecting the roots and soil within the critical root zone and beyond to ensure future tree stability and well-being. There are many techniques for determining the size of the CRZ. For the purpose of this document, the drip line method will be used. Alternatives to this method will be required to have prior approval from the Tree Warden. The CRZ shall be determined prior to construction activity. Other trees that are identiﬁed to be in close proximity to the CRZ may be required to have their roots protected as well, following these guidelines. Trees within the TPZ are to be watered at a minimum of 20 gallons once weekly between March 1 and October 30 to best preserve existing trees during the demolition and construction processes. More frequent watering may be required for larger trees and during periods of drought. Watering shall be done in a manner that there should not be standing water around the tree. DRIPLINE METHOD OF ESTABLISHING A TPZ REQUIRED PROTECTION DURING CONSTRUCTION 414’-0”Crown Dripline Tree Protection Fence: Chain-link wire mesh. Steel posts installed at 4’ o.c. 2” x 6” steel posts or approved equal 5” Thick layer of mulch Maintain existing grade with the tree protection fence Notes: 1. See speciﬁcations for additional tree protection requirements. 2. No pruning shall be performed except by approved arborist or Tree Warden. 3. No equipment shall operate inside the protective fencing including during fence installation and removal. 4. Any modiﬁcations to the Tree Protection Plan must be approved by the Tree Warden. Tree Fencing Protection Tree Protection Zone (TPZ) fencing shall be sturdy and visible to help establish the area to be protected. Fencing shall be chain-link or wire mesh with a minimum height of four (4) feet from the existing soil grade. Fence shall be stretched tightly between posts to prevent any unauthorized entry into the TPZ. Plastic construction or snow fencing are not an acceptable alternative to the chain-link or wire mesh. Posts shall be solid steel in nature and placed at a minimum of four (4) on center. Minimum of two (2) signs shall be posted on the fencing identifying Tree Preservation Area. Signs can be obtained from the Tree Warden. Damage that may occur to the tree fencing protection during construction shall be repaired as soon as possible to prevent any damage within TPZ. TREE FENCING PROTECTION 42 Tree Armor Detail Trunk armor to be adjusted as needed during trunk diameter growth periods. Straps or wire to be placed around boards. No screws or nails to be driven into the tree. Closed-cell padding wrapped around trunk prior to wood planks. 6’ Minimum 2”x4” or 2”x6” planks around trunk. Existing Grade ENTRY PROHIBITED WITHOUT PRIOR AUTHORIZATION TREE PRESERVATION AREA Contact Northampton Tree Warden Richard Parasiliti, Jr. with questions: 413-587-1570 Ext 4317 When construction activities are close to the trunk of a tree or buttress roots it increases the chance of mechanical damage. When this is the case, those parts of the tree shall be protected. TREE ARMOR TREE PRESERVATION AREA SIGN This sign is required to be posted twice on all Tree Preservation Area fences. Contact Northampton Tree Warden, Richard Parasiliti, Jr. to obtain sign: 413-587-1570 Ext 4317 43 Geotextile Fabric 4-6 inches of gravel 8-12 inches of mulch tapered to root ﬂare 4+ inches of mulch 3/4” plywood or 4” x 4” lumber Geotextile Fabric Options for Soil and Root Protection Within the TPZ Geotextile Fabric Geotextile Fabric Logging or road mat 4-6 inches of mulch When traffic cannot be kept outside the TPZ during construction activities, there are methods to disperse equipment load, reduce the threat of compaction, and root damage. Materials that are placed in the TPZ for root and soil protection shall be removed once the threat of soil or root damage has passed. Tree protection plans and implementation should follow American National Standards Institute (ANSI) A300 standards for tree care practices. ROOT AND SOIL PROTECTION WITHIN THE TPZ City of Northampton Flagger Requirements May 2018 Flaggers must be properly trained and certified in accordance with the highway work zone safety guidelines for Massachusetts Municipalities and Contractors. Any flagger working within the City of Northampton shall also have a valid certification in first aid and CPR. Detail must be posted with the information that if not filled by NPD or an outside agency, then it will be filled with a flagger. Detail must be posted for a minimum of 6 hours before a flagger can be used to fill the detail if it remains unfilled. Detail must be posted at the earliest possible time when it is known that a detail officer will be needed. A flagger may be replaced at any time by an NPD officer prior to the start of the detail if an officer’s detail is cancelled but the detail using a flagger is still scheduled. If the detail has already begun and a civilian flagger is working, an NPD officer may ask to see if the company would prefer to replace the flagger with an NPD officer. Flagger will contact Northampton Dispatch at 413‐587‐1100 prior to the start of their shift. Flagger will notify the Dispatcher of their name and location in the event that Police and/or Fire response is required for an emergency. Flaggers will only be eligible for use in the instance that a project being conducted under contract with the City of Northampton would be unable to be completed due to the inability to fill the detail by NPD or with an officer from an outside agency. Flaggers used to fill these details must be employees of or a subcontractor for the contractor completing the work. The Chief of Police or a designee of the Chief shall at all times make the final determination as to on what roads within the City of Northampton flaggers are eligible to work. If a road is deemed unsuitable by the Chief or designee for a flagger to conduct traffic, the project shall not be completed without an NPD or other officer filling the detail. Flaggers must carry a means to communicate with our Dispatch Center at 587‐1100. A cell phone is acceptable. FORM FOR GENERAL GUARANTEE It is hereby guaranteed in writing that all portions of work under the Contract for the Shared Use & Sidewalk Ramps Project were completed in strict accordance with the contract documents and are of quality designated therein and shall remain free of all defects of material and workmanship for a period of one (1) calendar year from the date of Final Completion of the work defined in Article 12 of the Contract to be _________________________________. At no expense to the Owner, upon receipt of written notice from the Owner, forthwith repair and make good or cause to be repaired and made good, including damage to any part of said work resulting from (such) defects or their repair or the making good of same, all defects arising in the contract work specified in the contract documents due to defective materials, fabrication, assembly, installation or workmanship, and including within the term "defects" the failure of any equipment or apparatus (including any mechanical or electrical item) to produce and/or maintain specified performance capabilities or capacity. And for the faithful performance of the covenants of this GUARANTEE, we and each of us bind ourselves, our successors, our heirs, executors, administrators and assigns. CONTRACTOR (Affix Corporate Seal Here) CONT ADDRESS CONT TOWN By: __________________________ Date: __________________________ (Signature/Title) Subscribed and sworn to before me on this ______________ day of ___________________ , 2020. NOTARY PUBLIC: ____________________________________ MY COMMISSION EXPIRES: ____________________________________ (Affix Notary Seal Here) END OF FORM FOR GENERAL GUARANTEE FINAL RELEASE FORM I, __________________________ (Name), duly elected __________________________________(Title) of CONTRACTOR do hereby and upon this tender of final payment for the contract named above, release and forever discharge the City of Northampton of and from any and all claims, demands and liabilities whatsoever of every name and nature both at law and in equity, arising from, growing out of, or in any way connected with this contract, save only such claims, demands and liabilities as are expressly excepted in this instrument. CONTRACTOR (Affix Corporate Seal Here) CONT ADDRESS CONT TOWN By: __________________________ Date: __________________________ (Signature/Title) Subscribed and sworn to before me on this ______________ day of ___________________ , 2020. NOTARY PUBLIC: ____________________________________ MY COMMISSION EXPIRES: ____________________________________ (Affix Notary Seal Here) END OF FINAL RELEASE FORM CERTIFICATE OF LEGAL DUMPING FACILITIES CONTRACT FOR: I, ___________________________________, duly elected _________________________________(title) of CONTRACTOR do hereby state for the contract named above, that all refuse, rubble, debris and any other materials generated from the project site and not specified to fulfill the requirements of the project shall be legally removed and disposed of in accordance with the Contract Documents and all applicable Federal, State and Municipal Laws, rules and regulations. Evidence of dumping on the form of vouchers and/or receipts shall be maintained and presented to the Owner upon request. The following dump site(s) will be used for the duration of work for the above project unless alternate dump sites are to be used, subject to the prior approval of the Owner. 1. ___________________________________________________________________________________ 2. ___________________________________________________________________________________ By: __________________________ Date: __________________________ (Signature/Title) Subscribed and sworn to before me on this ______________ day of ___________________ , 2020. NOTARY PUBLIC: ____________________________________ MY COMMISSION EXPIRES: ____________________________________ (Affix Notary Seal Here) END OF CERTIFICATE OF LEGAL DUMPING FACILITIES AFFIDAVIT OF COMPLIANCE WITH WAGE AND LABOR STANDARDS PROVISIONS FOR EVERY PAY ESTIMATE: Shared Use & Sidewalk Ramps Project Contractor: Pay Estimate No. ____________________ Period ____________________ to ____________________ Pursuant to the terms and conditions of the Contract for construction, the undersigned hereby certifies compliance with the Wage and Labor ‐Standards Provisions of the Contract for the period covered by this Pay Estimate No. ____, and, as evidence of said compliance also by the Subcontractor(s), the undersigned submits the attached form(s) of Affidavit on which each applicable subcontractor also attests to such conformance. BY___________________________________________________ (Type or print name and title underneath all signatures) END OF AFFIDAVIT OF COMPLIANCE (WAGE AND LABOR STANDARDS) AFFIDAVIT OF PAYMENT TO SUBCONTRACTORS AND SUPPLIERS FOR EVERY PAY ESTIMATE AFTER THE FIRST: Shared Use & Sidewalk Ramps Project Contractor: Pay Estimate No. ____________________ Period ____________________ to ____________________ Pursuant to the terms and conditions of the Contract for construction, the undersigned hereby certifies that, except as listed below, he/she has paid in full or has otherwise satisfied all obligations for all material and equipment furnished, for all work, labor and services performed, to his/her Subcontractors and Suppliers from payment made by the Authority for the previous Pay Estimate No. ____ . As evidence of such payment the undersigned submits the attached form(s) of Affidavit, on which each applicable Subcontractor and Supplier attest to such payment, by affidavit or receipt, as applicable. EXCEPTIONS: (If none, write "NONE" here). _____________________________________________________________________________________________ _____________________________________________________________________________________________ BY_______________________________________________________ (Type or print name and title underneath all signatures) END OF AFFIDAVIT OF PAYMENT TO SUBCONTRACTORS AND SUPPLIERS CERTIFICATE OF SUBSTANTIAL COMPLETION TO: City of Northampton Office of Planning & Sustainability Attn: Wayne Feiden, Director 210 Main Street Room 11 Northampton, MA 01060 Shared Use & Sidewalk Ramps Project Contract Date: ”PROJECT DATE” Engineer/Consultant: ProTerra Design Group, LLC Contractor: Date of Issuance________________________ PROJECT OR DESIGNATED AREA SHALL INCLUDE: The work performed under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion is hereby established as: ______________________________________which is also the date of commencement of all warranties and guarantees required by the Contract Documents. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the City of Northampton and Construction Manager/Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. A list of items to be completed or corrected, prepared by the City of Northampton and verified and amended by the Construction Manager/Engineer, is appended hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. ProTerra Design Group, LLC. CIVIL ENGINEER BY: ____________________ DATE: ___________________ The Contractor will complete or correct work on the list of items appended hereto by__________________________. ProTerra Design Group, LLC. ENGINEER/CONSULTANT BY: _____________________ DATE: ______________________ The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof on _______________________. BY ________________________ TITLE _________________________ DATE ___________________________ (Print or type names underneath all signatures) END OF CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF FINAL PAYMENT CERTIFICATE TO: City of Northampton Office of Planning & Sustainability Attn: Wayne Feiden, Director 210 Main Street Room 11 Northampton, MA 01060 Construction of Shared Use & Sidewalk Ramp Improvements Contract Date: ”PROJECT DATE” Engineer/Consultant: ProTerra Design Group, LLC Contractor: CONTRACTOR Date of Issuance________________________ This is to certify that all of the work under this Contract has been satisfactorily completed in accordance with the Specifications and that this is a true and correct final pay estimate. We further certify that all just and lawful bills for labor, materials, and equipment employed in the performance of this Contract and covered by this Final Estimate have been paid in full. CONTRACTOR Firm _________________________________________ Signature _____________________________________ Title _________________________________________ Date _________________________________________ (Print or type names underneath all signatures) END OF CONTRACTOR'S FINAL PAYMENT CERTIFICATE CERTIFICATE OF FINAL PAYMENT CERTIFICATE TO: City of Northampton Office of Planning & Sustainability Attn: Wayne Feiden, Director 210 Main Street Room 11 Northampton, MA 01060 Shared Use & Sidewalk Ramps Project Contract Date: ”PROJECT DATE” Engineer/Consultant: ProTerra Design Group, LLC Contractor: CONTRACTOR Date of Issuance________________________ Date of Issuance Bond No: ____________________________ Contract Date: ___________________________ Contractor: CONTRACTOR In accordance with the provisions of the Contract for construction between the Authority and the Contractor named above, the ____________________________________________________ _______________________________________________ (Name and Address of Surety Company) Surety Company on bond of CONTRACTOR hereby approves of final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to the City of Northampton, as set forth in the Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _____ day of _________, 20____. _________________________ (Surety Company) ATTEST: _________________________ (Signature of Authorized Surety Company Representative) _________________________ (Print Name and Title) Subscribed and sworn to before me on this ______________ day of ___________________ , 2020. NOTARY PUBLIC: ____________________________________ MY COMMISSION EXPIRES: ____________________________________ (Affix Notary Seal Here) END OF CONSENT OF SURETY TO FINAL PAYMENT RELEASE AND WAIVER OF LIENS AND CLAIMS TO: City of Northampton Office of Planning & Sustainability Attn: Wayne Feiden, Director 210 Main Street Room 11 Northampton, MA 01060 Shared Use & Sidewalk Ramps Project Contract Date: ”PROJECT DATE” Engineer/Consultant: ProTerra Design Group, LLC Contractor: CONTRACTOR Date of Issuance________________________ In consideration of final payment to the undersigned by the Authority upon which this Release is conditioned, the undersigned: 1 accepts said payment as full, final and complete payment of all compensation payable under the provisions of the Contract referred to above, including all amendments, modifications, and change orders executed thereto; 2 fully releases and discharges without condition beyond receipt of final payment the Owner and its Consultants, and any representative, agent, or servant thereof from any claims, demands, causes of action of every kind and nature arising directly or indirectly out of said Contract; certifies that its subcontractors and all parties who have furnished material, equipment, or labor in connection with any work covered by the aforementioned Contract Documents, have been paid in full; and 3 for themselves and on behalf of their agents, assigns, servants, employees or subcontractors, forever waivers and relinquishes any and all liens, stop notices, levies or attachments and any and all rights to claim or file for the same that any of them may now or hereafter have against the Authority or the property thereof. IN WITNESS WHEREOF, the Contractor has hereunto set its hand this day of __________________, 20__. CONTRACTOR Contractor ___________________________________________________________ Authorized Company Signature ___________________________________________ (Print Name and Title)___________________________________ Subscribed and sworn to before me on this ______________ day of ___________________ , 2020. NOTARY PUBLIC: ____________________________________ MY COMMISSION EXPIRES: ____________________________________ (Affix Notary Seal Here) END OF RELEASE AND WAIVER OF LIENS AND CLAIMS Part A. To be completed by governmental body, agency or IRC Section 501(c)(3) certified exempt organization Exempt number Contract number Name of exempt organization Authorizing signature Date Part B. To be completed by purchasing contractor or subcontractor claiming exemption under MGL Ch. 64H, sec. 6(d), (e), (f) or (tt) Purchaser ( contractor subcontractor) Address Date Vendor registration number (if applicable) Contract/subcontract number Contract/subcontract date Estimated date of completion Part C. To be completed by purchasing contractor or subcontractor claiming exemption. See instructions. I claim the exemption corresponding to the box checked below, and certify as follows (check appropriate box below): 1.Exemption under MGL Ch. 64H, sec. 6(d) or (e): Contractor as Agent of Exempt Entity.I certify that the purchaser is a contractor or subcontractor engaged in the performance of the above described contract and that the purchaser is acting as an agent of one the entities described below (check appropriate box) in purchasing tangible personal property (other than building materials and supplies de- scribed in MGL Ch. 64H, sec. 6(f)): Governmental body or agency described in MGL Ch. 64H, sec. 6(d) (local public school, city/town government, state agency, etc.). Attach Form ST-2, Certificate of Exemption. If Form ST-2 is not available, enter agency’s exemption number. Tax exempt organization (under IRC Section 501(c)(3)) as described in MGL Ch. 64H, sec. 6(e) (parochial school, Scout troop, PTO, etc.). Attach Form ST-2, Certificate of Exemption. To the best of my knowledge and belief, the quantities of tangible personal property noted on the reverse side are exempt from the sales/use tax under the provisions of MGL Ch. 64 H, sec. 6(d) or (e) as they are purchased by a purchaser acting as an agent for either a Massachusetts governmental body or for a tax-exempt organization under IRC section 501(c)(3). 2.Exemption under MGL Ch. 64H, sec. 6(f): Building Materials and Supplies.I certify that the purchaser is a contractor or subcon- tractor engaged in the performance of a contract for the construction, reconstruction, alteration, remodeling or repair of a building or structure for a governmental body or agency or for a certified IRC Section 501(c)(3) exempt organization or other project described in MGL Ch. 64H, sec. 6(f). To the best of my knowledge and belief, the described quantities of building materials and supplies noted on the reverse side are exempt from sales/use tax under the provisions of MGL Ch. 64H, sec. 6(f), and the described quantities of these materials and supplies are being purchased for use exclusively in the above contract. 3.Exemption under MGL Ch. 64H, sec. 6(tt): Consulting/Operating Contractor as Agent of Governmental Entity.I certify that the pur- chaser is a consulting or operating contractor or subcontractor as defined in MGL Ch. 64H, sec. 6(tt) and that the purchaser is authorized and acting as an agent of, and providing “qualified services,” as defined in MGL Ch. 64H, sec. 6(tt), to a governmental body or agency described in MGL Ch. 64H, sec. 6(d). Attach Form ST-2. If Form ST-2 is not available, enter agency’s exemption number. To the best of my knowledge and belief, the quantities of tangible personal property noted on the reverse side are exempt from the sales/use tax under the provisions of MGL Ch. 64 H, sec. 6(tt). The purchaser has been authorized under the above contract by a governmental body. Regardless of the exemption claimed, I will maintain adequate records to show the disposition of all property purchased under this certifi- cate. I understand that I am fully liable for the payment of any sales/use tax due in the event that the property purchased under this cer- tificate is used in a non-exempt manner. Signed under the penalties of perjury. Signature Title Location and description of project and description of kind and quantity of property or receipts/invoices must be attached or noted on the back of this form. This form is approved by the Commissioner of Revenue and may be reproduced. Form ST-5C Contractor’s Sales Tax Exempt Purchase Certificate Rev. 11/10 Massachusetts Department of Revenue E-046-001-406 City of Northampton Part D. Location and description of project Part E. Description of kind and quantity of property purchased Date Description Quantity Cost $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total cost $ Additional information about the use of this form may be obtained by calling the Customer Service Bureau at (617) 887-MDOR or toll-free, in Massachusetts, 1-800-392-6089. printed on recycled paper Instructions to Vendors In general, this form is intended for use by contractors and sub- contractors purchasing building materials and supplies, as well as other types of tangible personal property for use in various tax-exempt projects. The applicable exemptions governing these purchases are found in MGL Ch. 64H, secs. 6(d), (e), (f), or (tt). Contractors and subcontractors must complete all appropriate sections of this form when making purchases for which they are claiming exemption. These exemptions and requirements are de- scribed briefly, below. Part C 1. Contractors and subcontractors purchasing certain prop- erty (excluding building materials and supplies) as agents acting on behalf of governmental bodies and agencies or 501(c)(3) organizations. In general, contractors or subcontrac- tors purchasing tangible personal property (other than building materials and supplies for use in projects described in MGL Ch. 64H, sec. 6(f), which are discussed in section 2, below) as duly authorized agents acting on behalf of governmental bodies or agencies or Internal Revenue Service certified tax exempt 501(c)(3) organizations must check Box 1 under Part C of Form ST-5C. If the purchase is made by an agent acting on behalf of a 501(c)(3) entity, the agent must also attach a copy of the exempt entity’s Form ST-2, Certificate of Exemption, to this form. If the purchase is made by an agent of a governmental body or agency, Form ST-2 should also be attached. However, if the governmen- tal body or agency does not present its agent with Form ST-2, the agent should submit other documentation evidencing its prin- cipal’s exempt governmental status. Overhead items purchased in connection with such contracts, for example, office furniture and equipment, consumable supplies for the contractor’s own use and not for the use of the governmental agency or 501(c)(3) or- ganization, are not eligible for this exemption. Rather, a contrac- tor, as the consumer of such items, must pay sales/use tax on these purchases. Use of Form ST-5: Agents of exempt governmental entities or 501(c)(3) organizations who are not contractors or subcontractors purchasing the above property (i.e., property other than building materials and supplies described in MGL Ch. 64H, sec. 6(f)) should not use this form. Instead, such purchasers, for example, scout troops or Parent Teacher Organizations purchasing tangible personal property on behalf of exempt entities for fundraising pur- poses, should follow the instructions for Form ST-5, Exempt Pur- chaser Certificate, and present it to their vendors, along with a copy of the exempt governmental or 501(c)(3) entity’s Form ST-2. 2. Contractors purchasing building materials and supplies for use in projects described in MGL Ch. 64H, sec. 6(f). Con- tractors or subcontractors purchasing building materials or sup- plies for use in an exempt project described in MGL Ch. 64H, sec. 6(f), for example, contracts for the construction, reconstruc- tion, alteration, remodeling or repair of a building or structure owned by or held in trust for the benefit of for a governmental body or agency mentioned in MGL Ch. 64H, sec. 6(d) and used exclusively for public purposes, or for an IRS certified section 501(c)(3) exempt organization mentioned in MGL Ch. 64H, sec. 6(e), must check Box 2 under Part C of Form ST-5C. Items that do not constitute “building materials and supplies” within the meaning of MGL Ch. 64H, sec. 6(f) include office sup- plies, furniture and equipment and other overhead items pur- chased for use by the contractor or its employees in performing its contracts. Contractors and subcontractors, as the consumers of such items, must pay sales/use tax on these purchases. Exempt purchases of building materials and supplies are limited to those materials and supplies used, consumed, employed or ex- pended in the construction, reconstruction, alteration, remodeling or repair of any building, structure, public highway, bridge or other such public work as well as such materials and supplies physically incorporated therein. Exemptions also include rental charges for construction vehicles, equipment and machinery rented specifi- cally for use on the site of any tax-exempt project or while being used exclusively for the transportation of materials for any such tax-exempt project under Massachusetts General Laws, Chapter 64H, section 6(f). Form ST-5C applies only to the contract speci- fied therein. You must record the name of the purchaser, the sales price and date of each separate sale made under such certifi- cate. A copy of a valid Form ST-2, Certificate of Exemption, must be submitted at the time of sale. The contract number, or other identifying designation of an unnumbered contract, must appear on purchase orders and invoices. The vendor must retain a copy of Form ST-5C accompanied by Form ST-2 as well as other tax records. See Record Retention Regulation 830 CMR 62C.25.1. Form ST-5C Instructions printed on recycled paper 3. Consulting or operating contractors purchasing certain property as agents of, and providing “qualified services” to governmental entities under MGL Ch. 64H, sec. 6(tt). “Consult- ing or operating contractors or subcontractors,” as defined in MGL Ch. 64H, sec. 6(tt) purchasing tangible personal property on behalf of, and acting as agents of, and providing “qualified serv- ices” (as defined in MGL c. 64H, sec. 6(tt)) to a governmental body or agency described in MGL Ch. 64H, sec. 6(d) must check Box 3 under Part C of Form ST-5C. Operating and consulting contractors or subcontractors who contract with a state govern- mental body or agency to furnish services relative to the feasibil- ity, environmental impact, engineering, architecture, design, man- agement or operation, of a public project or facility are exempt from the sales/use tax for purchases of tangible personal prop- erty made as agents of the state governmental body when that property is (i) completely expended in the performance of the con- tract, (ii) title and possession of the property is turned over to the governmental body or (iii) the property becomes an ingredient or component part of the property that will be turned over to the governmental body as part of the performance of the contract. Such contractors or subcontractors must attach a copy of the ex- empt governmental entity’s Form ST-2 provided by the entity on whose behalf it is making the purchases. If the exempt govern- mental entity does not present its contractors or subcontractors with Form ST-2, the contractor/subcontractor must present other documentation evidencing its principal’s exempt governmental status. Overhead items purchased by contractors for their own use in performing contracts for exempt governmental entities are not eligible for this exemption. Rather, a consulting or operating contractor or subcontractor, as the consumer of such items, must pay sales/use tax on these purchases. Any abuse or misuse of this certificate by any tax-exempt organi- zation, or any unauthorized use of this certificate by any individual, constitutes a serious violation and will lead to revocation. Willful misuse of this Certificate of Exemption is subject to criminal sanc- tions of up to one year in prison and $10,000 ($50,000 for corpo- rations) in fines. If necessary, additional information may be obtained by calling the Customer Service Bureau at (617) 887-MDOR or toll-free, in Massachusetts, 1-800-392-6089. FEDERAL CONTRACT FORMS U.S. Department of Housing and Urban Development CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE TO SUPERVISE PAYMENT OF EMPLOYEES Project Name Date Location Project No. (I) (We) hereby certify that (I am) (we are) (the prime contractor) (a subcontractor) for (Specify "General Construction", "Plumbing", "Roofing", etc.) in connection with construction Project, and that (I) (we) have appointed whose signature appears below, to supervise the payment of (my) (our) employees beginning ,20__ That he is in a position to have full knowledge of the facts set forth in the payroll documents and in the statement of compliance required by the so- called Kick-Back Statute which he is to execute with (my) (our) full authority and approval until such times as (I) (we) submit to the City of Northampton a new certificate appointing some other person for the purposes hereinabove stated. (Identifying Signature of Appointee) Name of Firm or Corporation Attest (if required) By (Signature) (Signature) (Title) (Title) NOTE: This certificate must be executed by an authorized officer of a corporation or by a member of a partnership, and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed, a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick-Back-Statute. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause: and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Name and Address of Bidder (Include ZIP Code) 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. [ ] Yes [ ] No 2. Compliance reports were required to be filed in connection with such contract or subcontract. [ ] Yes [ ] No 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. [ ] Yes [ ] No 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? [ ] Yes [ ] No Name and Title of Signer (Please type) Signature Date U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor Project Number INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION NAME AND ADDRESS OF SUBCONTRACTOR (Include ZIP Code) 1..Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause [ ] Yes [ ] No. 2. Compliance reports were required to be filed in connection with such contract or subcontract. [ ] Yes [ ] No. 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. [ ] Yes [ ] No [ ] None Required 4. Have you even been or are you being considered for sanction due to violation of Executive Order 11246, as amended? [ ] Yes [ ] No NAME AND TITLE OF SIGNER (Please Type) SIGNATURE DATE CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES Name of Prime Contractor Project Name and Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract. (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained. Name Name & Title of Signer (Print of Type) Signature Date CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES Name of Sub Contractor Project Name and Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract. (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name & Title of Signer (Print of Type) Signature Date CONTRACTOR Section 3 Plan Format agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of Northampton. A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income area residents who have applied wither on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. *D. To insert this Section 3 plan in all bid documents, and to require all bidders on subcontracts to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. *E. To insure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this program. G. To insure that all appropriate project area business concerns are notified of pending subcontractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. *Loans, grants, contracts and subsidies for less than $10,000 will be exempt. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. J. To list on Table A, information related to subcontracts awarded for the three year period preceding date of this bid submission. K. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level and number of positions. As officers and representatives of (Name of Contractor) We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. Signature Title Date Signature Title Date PROPOSED SUBCONTRACTS BREAKDOWN TABLE A FOR THE PERIOD COVERING 20 through 20 (Duration of the CDBG-Assisted Project) COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 TYPE OF CONTRACT TOTAL NUMBER OF TOTAL APPROXIMATE ESTIMATED NUMBER ESTIMATED DOLLAR (BUSINESS OF PRO- CONTRACTS DOLLAR AMOUNT OF CONTRACTS AMOUNT TO PROJECT FESSION) TO PROJECT AREA AREA BUSINESSES BUSINESSES *The Project Area is coextensive with the City of Northampton's boundaries. Company Project Name Project Number EEO Officer (Signature) Date ESTIMATED PROJECT WORKFORCE BREAKDOWN "TABLE B" COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 JOB CATEGORY TOTAL ESTIMATE POSITIONS NO. POSITIONS CUR- RENTLY OCCUPIED BY PERMANENT EMPLOYEES NO. POSITIONS NOT CURRENTLY OCCUPIED NO. POSITIONS TO BE FILLED WITH L. T. P. A. R. Officers/Supervisors Professionals Technicians Housing Sales/ Rental/ Management Office Clerical Service Workers Other TRADE: (Use additional sheets for additional trades) Journeymen Helpers Apprentices Maximum No. Trainees Others *Lower Income Project Area Residents. Individuals residing within the City of whose family income does not exceed 90% of the median income in Company the SMSA. VII. ADDITIONAL FORMS/DOCUMENTS FOR USE DURING CONTRACT TERM The following sections contain documents the Contractor must complete and submit periodically for the life of the Contract. SUMMARY OF CONTENTS AND SUBMITTAL REQUIREMENTS: 1. Certified Payroll Form (WH 347) To be turned in for each week of job from each contractor/subcontractor with each pay request. Can use your own payroll documents as long as all information required on this form is included on your own payroll forms. You are required to include page 2 certification statement. If you are using your own payroll format you may attach the certification form the back of the WH‐347. If additional wage classifications are needed for this job and are not shown on the applicable wage decision, call the contract administrator for help with requesting an additional classification to be added/approved. 2. Payroll Deduction Authorization for “other deductions” on Certified Payroll (Only if applicable) 3. Section 3 Monthly Report for Contractor and Subcontractor  Contractor and subcontractor are required to submit a Monthly Compliance Form and an Employee Data and Certification form for all newhires.  Contractor and Subcontractor are required to submit a Notice of termination and job problems related to Section 3 eligible workers.  Contractor payment requests may be held until all reporting requirements have been met. 4. Section 3 Employee Data Certification 5. Section 3 Posted Notice to Project Residents 52 53 CERTIFIED PAYROLL FORM NOTICE: For Davis Bacon Act‐Applicable Projects Only A fillable form is available at the following link: https://www.dol.gov/whd/forms/wh347.pdf 54 55 PAYROLL DEDUCTION AUTHORIZATION FORM “OTHER DEDUCTIONS” ON CERTIFIED PAYROLL NOTICE: For Davis Bacon Act‐Applicable Projects Only Contractors place this form on Company Letterhead Project Name: Employee’s Name: I, , hereby authorize to (Employee Name) (NameofEmployer/Company) deduct $ from my paycheck. This deduction is for: Loan Repayment Retirement Profit Sharing Advance Charitable Donations Savings Bonds Insurance Premiums Other: This deduction is to be made: One time only Weekly Monthly times over weeks Other: Employee’s Signature: Date: You may make payroll deductions as permitted by DOL regulations 29 CFR Part 3. These regulations prohibit the employer from requiring employees to “kick‐back” (i.e. give up or return to the employer) any of their earnings other than those identified. You need to submit this documentation only one time per employee, unless changes in deductions or durations take place. *If deductions are being made for child support, a copy of the court ordered withholding must be included. 56 SECTION 3 MONTHLY COMPLIANCE REPORT NOTICE: For Contracts over $100,000 Project Name: Contract Number: Contractor Name: For the Month of: A. Hiring ‐ Select one: I have not hired any new employees during the month specified. I have hired Section 3 employees, and/or non‐Section 3 employees during the month. B. Recruitment I have taken one or more of the following recruitment steps to hire a Section 3 resident with the highest training and employment priority ranking: (check all that apply) I have made the Regional Workforce Solutions Center, and/or the Regional Workforce website the initial contact for all new hires. I have advertised to fill vacancy (ies) at the site(s), where work is taking place, in connection with this project. Below, I have checked the steps I have taken to find Section 3 low‐income residents, from the targeted groups and neighborhoods, to fill any vacancies. Placed signs or posters in prominent places at project site(s). Taken photographs of the above item to document that the above step was carried out. Distributed employment flyers to the administrative office of the local Public Housing Authority. Contacted employment referrals or Youthbuild Program referrals. Kept a log of all applicants and indicated the reasons why Section 3 residents who applied were not hired. Retained copies of any employment applications completed by Public Housing Authority, Section 8 certificate or voucher holders or other Section 3 residents. Sent a notice about Section 3 training and employment requirements and opportunities to labor organizations or to worker representatives with whom our firm has a collective bargaining or other agreement. C. Verification I have attached proof of all checked items. I hereby certify that the above information is a true and correct. Signature of Authorized Representative of Contractor/Subcontractor Title Name Date 57 EMPLOYEE DATA CERTIFICATION FORM NOTICE: For Contracts over $100,000 The U.S. Department of Housing and Urban Development (HUD) requires that Boulder County Collaborative document the income of newly hired persons working on federally‐funded construction projects. This form may also be utilized as supportive documentation for Section 3 Certifications for Business form and is intended to comply with HUD Community Development Block Grant requirements. Section I Applicant's Name: Job Title: Address: Phone: What is your race? (Circle one) WHITE BLACK/AFRICAN AMERICAN ASIAN AMERICAN INDIAN/ALASKAN NATIVE NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER BLACK/AFRICAN AMERICAN &WHITE ASIAN &WHITE OTHER MULTIRACIAL Is your family of Hispanic origin? (Circle one) YES NO Do you currently reside in Public Housing? If yes, you do not need to fill out the rest of this form. (Circle one) YES NO Have you been unemployed in the last 3 years? If yes, you do not need to fill out the rest of this form. (Circle one) YES NO Section II How many people are in your family? (Circle one) 1 2 3 4 5 6 7 8+ What is your family's gross annual income (before taxes)? I certify that all of the above information is true and correct to the best of my knowledge. DATE: Employee Signature 58 SECTION 3 POSTED NOTICE TO PROJECT RESIDENTS NOTICE: For Contracts over $100,000 The project is being funded by the U.S. Department of Housing and Urban Development under the ‐ Disaster Recovery Funding Program. This notice complies with the Boulder County Collaborative Section 3 Plan and is intended to inform the public, in particular project residents, of the economic opportunities (jobs) created through the use of the federal award. Contractor/subcontractor intends to hire for the following positions: Number of jobs Title Description of Qualifications/Licensure /Certification Section 3 preferences: 1. Persons residing in the project area and who are of low‐ to very‐low‐income 2. Participants in HUD Youthbuild 3. Homeless Persons 4. Residents of the local Public Housing Authority 5. Residents of the local Section 8 Housing Assistance Programunits For more information including job applications, apprenticeships, training positions, and qualifications, contact: Name of Contractor: Contact Person: Address: City, State, Zip: Phone: Estimated construction start date: 59 REQUIRED JOBSITE POSTERS See proceeding pages Equal Employment Opportunity is Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship. DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. AGE The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment. GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members. RETALIATION All of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice. WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED There are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected: The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at www.eeoc.gov. Employers Holding Federal Contracts or Subcontracts Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level. DISABLED, RECENTLY SEPARATED,OTHER PROTECTED, AND ARMED FORCES SERVICEMEDAL VETERANS The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within three years of discharge or release from active duty), other protected veterans(veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded). RETALIATION Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately: The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at OFCCP-Public@dol.gov, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor. Programs or Activities Receiving Federal Financial Assistance RACE, COLOR, NATIONAL ORIGIN, SEX INDIVIDUALS WITH DISABILITIES In addition to the protections of Title VII of the Civil Rights Act of 1964, as Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of disability in any program or activity which receives discrimination on the basis of race, color or national origin in programs or Federal financial assistance. Discrimination is prohibited in all aspects of activities receiving Federal financial assistance. Employmentdiscrimination employment against persons with disabilities who, with or withoutreasonable is covered by Title VI if the primary objective of the financial assistance is accommodation, can perform the essential functions of the job. provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education If you believe you have been discriminated against in a program of any institution Amendments of 1972 prohibits employment discrimination on the basis of sex in which receives Federal financial assistance, you should immediately contact the Educational programs or activities which receive Federal financial assistance. Federal agency providing such assistance. [Type here] U.S. Department of Labor Employment Standards Administration Wage and Hour Division : EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING WAGES You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registeredunder approved Federal or State apprenticeshipprograms. PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: or contact the U.S. Department of Labor’s Wage and Hour Division. WH 1321(Revised April 2009 ITEM NUMBER ITEM DESCRIPTION BID UNIT BID UNIT PRICE ENGINEER'S ESTIMATED QUANTITY1 COST 102.51 INDIVIDUAL TREE PROTECTION EA $375.00 3 $1,125.00 120.1 UNCLASSIFIED EXCAVATION CY $45.00 63 $2,835.00 129.2 OLD PAVEMENT EXCAVATION SY $35.00 77 $2,684.50 151 GRAVEL BORROW CY $95.00 54 $5,130.00 170 FINE GRADING AND COMPACTING SY $6.00 260 $1,560.00 181.1 HEALTH AND SAFETY PLAN LS/RAMP $385.00 7 $2,695.00 181.2 IMPLEMENTATION OF HEALTH AND SAFETY PLAN HR $180.00 7 $1,260.00 220 DRAINAGE STRUCTURE ADJUSTED EA $500.00 4 $2,000.00 440 CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL LB $0.40 280 $112.00 443 WATER FOR ROADWAY DUST CONTROL MGL $50.00 7 $350.00 452 ASPHALT EMULSION FOR TACK COAT GAL $60.00 15 $900.00 464.5 HOT POURED RUBBERIZED ASPHALT SEALER FT $4.50 323 $1,453.50 472 HOT MIX ASPHALT FOR MISCELLANEOUS WORK TON $290.00 28 $8,120.00 482.3 SAWCUTTING ASPHALT PAVEMENT FT $3.00 323 $969.00 482.4 SAWCUTTING PORTLAND CEMENT CONCRETE FT $12.00 55 $660.00 506 GRANITE CURB TYPE VB ‐ STRAIGHT FT $70.00 116 $8,120.00 506.1 GRANITE CURB TYPE VB ‐ CURVED FT $80.00 41 $3,280.00 509 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ STRAIGHT FT $70.00 75 $5,250.00 509.1 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ CURVED FT $80.00 51 $4,080.00 511.1 GRANITE EDGING TYPE SB‐STRAIGHT FT $35.00 0 $0.00 580 CURB REMOVED AND RESET FT $50.00 0 $0.00 582 CURB CORNER REMOVED AND RESET EA $400.00 0 $0.00 590 CURB REMOVED AND STACKED FT $20.00 153 $3,060.00 592 CURB CORNER REMOVED AND STACKED EA $100.00 0 $0.00 632.4 INDIVIDUAL POST REMOVED AND DISCARDED EA $56.00 10 $560.00 657 TEMPORARY FENCE FT $10.00 690 $6,900.00 697 SEDIMENTATION FENCE FT $6.00 308 $1,848.00 697.1 SILT SACK EA $175.00 7 $1,225.00 701 CEMENT CONCRETE SIDEWALK SY $70.00 22 $1,512.00 701.2 CEMENT CONCRETE RAMP/ DRIVEWAY /PATH SY $125.00 109 $13,675.00 748 MOBILIZATION LS/RAMP $600.00 7 $4,200.00 751 LOAM BORROW CY $60.00 10 $600.00 752 TOP SOIL REHANDLED AND SPREAD CY $60.00 10 $600.00 765 SEEDING SY $5.00 46 $230.00 832 WARNING REGULATORY SIGNS SF $13.00 162 $2,099.50 841.3 SUPPORT FOR GUIDE SIGN EA $140.00 17 $2,380.00 850.31 PORTABLE BREAKAWAY BARRICADES TYPE III EA $140.00 2 $280.00 851.1 TRAFFIC CONES FOR TRAFFIC MANAGEMENT DAY $0.50 320 $160.00 852 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF $10.00 913 $9,130.00 854.1 PAVEMENT MARKING REMOVAL SF $2.00 441 $882.00 859 REFLECTORIZED DRUM DRUM ‐ DAY $0.25 320 $80.00 864.04 PAVEMENT ARROWS AND LEGENDS REFLECTORIZED WHITE (THERMOPLASTIC)SF $10.00 165 $1,650.00 865.1 CROSSWALKS AND STOP LINES REFLECTORIZED WHITE (THERMOPLASTIC)SF $5.00 804 $4,020.00 874.2 TRAFFIC SIGN REMOVED AND RESET EA $200.00 16 $3,200.00 999.003 TRUNCATED DOME TACTILE INDICATOR SF $35.00 112 $3,920.00 999.1 TRAFFIC POLICE HR $51.00 112 $5,712.00 999.3 CONSTRUCTION STAKINGS & SURVEY LS/RAMP $400.00 7 $2,800.00 999.4 TEMPORARY ACCESSIBLE ROUTE LS/RAMP $2,500.00 7 $17,500.00 999.5 CONCRETE COLD PLANE / GRIND SF $40.00 47 $1,880.00 1 Whole Number Values Shown TOTAL ITEMS $142,687.50 10% CONTINGENCIES & INCIDENTAL ITEMS $14,268.75 TOTAL COST ESTIMATE $156,957.00 ENGINEER'S COST ESTIMATE FOR BASE BID (RAMPS 10,11,22,23,24,31,32) Shared Use and Sidewalk Ramps Project ITEM NUMBER ITEM DESCRIPTION BID UNIT BID UNIT PRICE ENGINEER'S ESTIMATED QUANTITY1 COST 102.51 INDIVIDUAL TREE PROTECTION EA $375.00 1 $375.00 120.1 UNCLASSIFIED EXCAVATION CY $45.00 23 $1,035.00 129.2 OLD PAVEMENT EXCAVATION SY $35.00 22 $773.50 151 GRAVEL BORROW CY $95.00 17 $1,615.00 170 FINE GRADING AND COMPACTING SY $6.00 96 $576.00 181.1 HEALTH AND SAFETY PLAN LS/RAMP $385.00 2 $770.00 181.2 IMPLEMENTATION OF HEALTH AND SAFETY PLAN HR $180.00 2 $360.00 220 DRAINAGE STRUCTURE ADJUSTED EA $500.00 0 $0.00 440 CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL LB $0.40 80 $32.00 443 WATER FOR ROADWAY DUST CONTROL MGL $50.00 2 $100.00 452 ASPHALT EMULSION FOR TACK COAT GAL $60.00 5 $300.00 464.5 HOT POURED RUBBERIZED ASPHALT SEALER FT $4.50 122 $549.00 472 HOT MIX ASPHALT FOR MISCELLANEOUS WORK TON $290.00 11 $3,190.00 482.3 SAWCUTTING ASPHALT PAVEMENT FT $3.00 122 $366.00 482.4 SAWCUTTING PORTLAND CEMENT CONCRETE FT $12.00 0 $0.00 506 GRANITE CURB TYPE VB ‐ STRAIGHT FT $70.00 24 $1,680.00 506.1 GRANITE CURB TYPE VB ‐ CURVED FT $80.00 25 $2,000.00 509 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ STRAIGHT FT $70.00 20 $1,400.00 509.1 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ CURVED FT $80.00 0 $0.00 511.1 GRANITE EDGING TYPE SB‐STRAIGHT FT $35.00 0 $0.00 580 CURB REMOVED AND RESET FT $50.00 0 $0.00 582 CURB CORNER REMOVED AND RESET EA $400.00 0 $0.00 590 CURB REMOVED AND STACKED FT $20.00 0 $0.00 592 CURB CORNER REMOVED AND STACKED EA $100.00 0 $0.00 632.4 INDIVIDUAL POST REMOVED AND DISCARDED EA $56.00 0 $0.00 657 TEMPORARY FENCE FT $10.00 180 $1,800.00 697 SEDIMENTATION FENCE FT $6.00 160 $960.00 697.1 SILT SACK EA $175.00 1 $175.00 701 CEMENT CONCRETE SIDEWALK SY $70.00 11 $749.00 701.2 CEMENT CONCRETE RAMP/ DRIVEWAY /PATH SY $125.00 40 $5,037.50 748 MOBILIZATION LS/RAMP $600.00 2 $1,200.00 751 LOAM BORROW CY $60.00 6 $360.00 752 TOP SOIL REHANDLED AND SPREAD CY $60.00 7 $420.00 765 SEEDING SY $5.00 37 $185.00 832 WARNING REGULATORY SIGNS SF $13.00 71 $923.00 841.3 SUPPORT FOR GUIDE SIGN EA $140.00 6 $840.00 850.31 PORTABLE BREAKAWAY BARRICADES TYPE III EA $140.00 2 $280.00 851.1 TRAFFIC CONES FOR TRAFFIC MANAGEMENT DAY $0.50 80 $40.00 852 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF $10.00 237 $2,370.00 854.1 PAVEMENT MARKING REMOVAL SF $2.00 136 $272.00 859 REFLECTORIZED DRUM DRUM ‐ DAY $0.25 80 $20.00 864.04 PAVEMENT ARROWS AND LEGENDS REFLECTORIZED WHITE (THERMOPLASTIC)SF $10.00 118 $1,180.00 865.1 CROSSWALKS AND STOP LINES REFLECTORIZED WHITE (THERMOPLASTIC)SF $5.00 404 $2,020.00 874.2 TRAFFIC SIGN REMOVED AND RESET EA $200.00 6 $1,200.00 999.003 TRUNCATED DOME TACTILE INDICATOR SF $35.00 70 $2,450.00 999.1 TRAFFIC POLICE HR $51.00 32 $1,632.00 999.3 CONSTRUCTION STAKINGS & SURVEY LS/RAMP $400.00 2 $800.00 999.4 TEMPORARY ACCESSIBLE ROUTE LS/RAMP $2,500.00 2 $5,000.00 999.5 CONCRETE COLD PLANE / GRIND SF $40.00 0 $0.00 1 Whole Number Values Shown TOTAL ITEMS $45,035.00 5% CONTINGENCIES & INCIDENTAL ITEMS $2,251.75 TOTAL COST ESTIMATE $47,287.00 ENGINEER'S COST ESTIMATE FOR ALTERNATE 1 BID (RAMPS 12 & 13) Shared Use and Sidewalk Ramps Project ITEM NUMBER ITEM DESCRIPTION BID UNIT BID UNIT PRICE ENGINEER'S ESTIMATED QUANTITY1 COST 102.51 INDIVIDUAL TREE PROTECTION EA $375.00 1 $375.00 120.1 UNCLASSIFIED EXCAVATION CY $45.00 8 $360.00 129.2 OLD PAVEMENT EXCAVATION SY $35.00 8 $276.50 151 GRAVEL BORROW CY $95.00 6 $570.00 170 FINE GRADING AND COMPACTING SY $6.00 31 $186.00 181.1 HEALTH AND SAFETY PLAN LS/RAMP $385.00 1 $385.00 181.2 IMPLEMENTATION OF HEALTH AND SAFETY PLAN HR $180.00 1 $180.00 220 DRAINAGE STRUCTURE ADJUSTED EA $500.00 0 $0.00 440 CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL LB $0.40 40 $16.00 443 WATER FOR ROADWAY DUST CONTROL MGL $50.00 1 $50.00 452 ASPHALT EMULSION FOR TACK COAT GAL $60.00 2 $120.00 464.5 HOT POURED RUBBERIZED ASPHALT SEALER FT $4.50 53 $238.50 472 HOT MIX ASPHALT FOR MISCELLANEOUS WORK TON $290.00 2 $580.00 482.3 SAWCUTTING ASPHALT PAVEMENT FT $3.00 53 $159.00 482.4 SAWCUTTING PORTLAND CEMENT CONCRETE FT $12.00 0 $0.00 506 GRANITE CURB TYPE VB ‐ STRAIGHT FT $70.00 18 $1,260.00 506.1 GRANITE CURB TYPE VB ‐ CURVED FT $80.00 3 $240.00 509 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ STRAIGHT FT $70.00 0 $0.00 509.1 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ CURVED FT $80.00 0 $0.00 511.1 GRANITE EDGING TYPE SB‐STRAIGHT FT $35.00 24 $840.00 580 CURB REMOVED AND RESET FT $50.00 0 $0.00 582 CURB CORNER REMOVED AND RESET EA $400.00 0 $0.00 590 CURB REMOVED AND STACKED FT $20.00 32 $640.00 592 CURB CORNER REMOVED AND STACKED EA $100.00 0 $0.00 632.4 INDIVIDUAL POST REMOVED AND DISCARDED EA $56.00 0 $0.00 657 TEMPORARY FENCE FT $10.00 140 $1,400.00 697 SEDIMENTATION FENCE FT $6.00 48 $288.00 697.1 SILT SACK EA $175.00 1 $175.00 701 CEMENT CONCRETE SIDEWALK SY $70.00 0 $0.00 701.2 CEMENT CONCRETE RAMP/ DRIVEWAY /PATH SY $125.00 22 $2,687.50 748 MOBILIZATION LS/RAMP $600.00 1 $600.00 751 LOAM BORROW CY $60.00 1 $60.00 752 TOP SOIL REHANDLED AND SPREAD CY $60.00 6 $360.00 765 SEEDING SY $5.00 16 $80.00 832 WARNING REGULATORY SIGNS SF $13.00 41 $533.00 841.3 SUPPORT FOR GUIDE SIGN EA $140.00 4 $560.00 850.31 PORTABLE BREAKAWAY BARRICADES TYPE III EA $140.00 0 $0.00 851.1 TRAFFIC CONES FOR TRAFFIC MANAGEMENT DAY $0.50 280 $140.00 852 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF $10.00 162 $1,615.00 854.1 PAVEMENT MARKING REMOVAL SF $2.00 200 $400.00 859 REFLECTORIZED DRUM DRUM ‐ DAY $0.25 280 $70.00 864.04 PAVEMENT ARROWS AND LEGENDS REFLECTORIZED WHITE (THERMOPLASTIC)SF $10.00 11 $110.00 865.1 CROSSWALKS AND STOP LINES REFLECTORIZED WHITE (THERMOPLASTIC)SF $5.00 354 $1,770.00 874.2 TRAFFIC SIGN REMOVED AND RESET EA $200.00 4 $800.00 999.003 TRUNCATED DOME TACTILE INDICATOR SF $35.00 50 $1,750.00 999.1 TRAFFIC POLICE HR $51.00 16 $816.00 999.3 CONSTRUCTION STAKINGS & SURVEY LS/RAMP $400.00 1 $400.00 999.4 TEMPORARY ACCESSIBLE ROUTE LS/RAMP $2,500.00 1 $2,500.00 999.5 CONCRETE COLD PLANE / GRIND SF $40.00 0 $0.00 1 Whole Number Values Shown TOTAL ITEMS $23,590.50 5% CONTINGENCIES & INCIDENTAL ITEMS $1,179.53 TOTAL COST ESTIMATE $24,771.00 ENGINEER'S COST ESTIMATE FOR ALTERNATE 2 BID (RAMPS 25A & 25B) Shared Use and Sidewalk Ramps Project ITEM NUMBER ITEM DESCRIPTION BID UNIT BID UNIT PRICE ENGINEER'S ESTIMATED QUANTITY1 COST 102.51 INDIVIDUAL TREE PROTECTION EA $375.00 1 $375.00 120.1 UNCLASSIFIED EXCAVATION CY $45.00 8 $855.00 129.2 OLD PAVEMENT EXCAVATION SY $35.00 8 $882.00 151 GRAVEL BORROW CY $95.00 6 $1,710.00 170 FINE GRADING AND COMPACTING SY $6.00 31 $432.00 181.1 HEALTH AND SAFETY PLAN LS/RAMP $385.00 1 $1,155.00 181.2 IMPLEMENTATION OF HEALTH AND SAFETY PLAN HR $180.00 1 $540.00 220 DRAINAGE STRUCTURE ADJUSTED EA $500.00 0 $0.00 440 CALCIUM CHLORIDE FOR ROADWAY DUST CONTROL LB $0.40 40 $48.00 443 WATER FOR ROADWAY DUST CONTROL MGL $50.00 1 $150.00 452 ASPHALT EMULSION FOR TACK COAT GAL $60.00 2 $300.00 464.5 HOT POURED RUBBERIZED ASPHALT SEALER FT $4.50 53 $504.00 472 HOT MIX ASPHALT FOR MISCELLANEOUS WORK TON $290.00 2 $2,610.00 482.3 SAWCUTTING ASPHALT PAVEMENT FT $3.00 53 $336.00 482.4 SAWCUTTING PORTLAND CEMENT CONCRETE FT $12.00 0 $60.00 506 GRANITE CURB TYPE VB ‐ STRAIGHT FT $70.00 79 $5,530.00 506.1 GRANITE CURB TYPE VB ‐ CURVED FT $80.00 33 $2,640.00 509 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ STRAIGHT FT $70.00 0 $0.00 509.1 GRANITE TRANSITION CURB FOR WHEELCHAIR RAMPS ‐ CURVED FT $80.00 12 $960.00 511.1 GRANITE EDGING TYPE SB‐STRAIGHT FT $35.00 0 $0.00 580 CURB REMOVED AND RESET FT $50.00 0 $0.00 582 CURB CORNER REMOVED AND RESET EA $400.00 0 $0.00 590 CURB REMOVED AND STACKED FT $20.00 0 $0.00 592 CURB CORNER REMOVED AND STACKED EA $100.00 0 $0.00 632.4 INDIVIDUAL POST REMOVED AND DISCARDED EA $56.00 0 $0.00 657 TEMPORARY FENCE FT $10.00 410 $4,100.00 697 SEDIMENTATION FENCE FT $6.00 126 $756.00 697.1 SILT SACK EA $175.00 4 $700.00 701 CEMENT CONCRETE SIDEWALK SY $70.00 0 $0.00 701.2 CEMENT CONCRETE RAMP/ DRIVEWAY /PATH SY $125.00 29 $3,600.00 748 MOBILIZATION LS/RAMP $600.00 3 $1,800.00 751 LOAM BORROW CY $60.00 0 $0.00 752 TOP SOIL REHANDLED AND SPREAD CY $60.00 14 $840.00 765 SEEDING SY $5.00 40 $200.00 832 WARNING REGULATORY SIGNS SF $13.00 77 $994.50 841.3 SUPPORT FOR GUIDE SIGN EA $140.00 9 $1,260.00 850.31 PORTABLE BREAKAWAY BARRICADES TYPE III EA $140.00 0 $0.00 851.1 TRAFFIC CONES FOR TRAFFIC MANAGEMENT DAY $0.50 131 $65.50 852 SAFETY SIGNING FOR TRAFFIC MANAGEMENT SF $10.00 340 $3,395.00 854.1 PAVEMENT MARKING REMOVAL SF $2.00 179 $358.00 859 REFLECTORIZED DRUM DRUM ‐ DAY $0.25 131 $32.75 864.04 PAVEMENT ARROWS AND LEGENDS REFLECTORIZED WHITE (THERMOPLASTIC)SF $10.00 33 $330.00 865.1 CROSSWALKS AND STOP LINES REFLECTORIZED WHITE (THERMOPLASTIC)SF $5.00 336 $1,680.00 874.2 TRAFFIC SIGN REMOVED AND RESET EA $200.00 0 $0.00 999.003 TRUNCATED DOME TACTILE INDICATOR SF $35.00 48 $1,680.00 999.1 TRAFFIC POLICE HR $51.00 48 $2,448.00 999.3 CONSTRUCTION STAKINGS & SURVEY LS/RAMP $400.00 3 $1,200.00 999.4 TEMPORARY ACCESSIBLE ROUTE LS/RAMP $2,500.00 3 $7,500.00 999.5 CONCRETE COLD PLANE / GRIND SF $40.00 0 $0.00 1 Whole Number Values Shown TOTAL ITEMS $52,026.75 5% CONTINGENCIES & INCIDENTAL ITEMS $2,601.34 TOTAL COST ESTIMATE $54,629.00 ENGINEER'S COST ESTIMATE FOR ALTERNATE 3 BID (RAMPS 28,29,30) Shared Use and Sidewalk Ramps Project 1 of 2 ADDENDUM NO. 1 March 19, 2020 To all Bidders on the Project titled: City of Northampton Shared Use & Sidewalk Ramps Project Various Locations Northampton, Massachusetts Contract 98‐20 Office of Planning & Sustainability City of Northampton 210 Main Street, Room 11 Northampton, MA Reference Contract Documents (drawings and specifications) dated March 4, 2020 The attention of bidders submitting bids for the above subject project is called to the following addendum to the specifications and drawings. The items set forth herein, whether of omission, addition, substitution, or clarifications are all to be included in and form a part of the bid submitted. THE NUMBER OF THIS ADDENDUM ( 1 ) MUST BE ENTERED IN THE APPROPRIATE SPACE “B” PROVIDED AFTER THE WORD “NUMBERED” OF THE CONTRACT FORM ENTITLED “GENERAL BID FORM” ON SHEET 2‐2. This addendum has been issued to address changes to the contract regrading the submission of the bid and public bid opening procedures as a result of COVID‐19. Advertisement For Bids & Section 1 – Invitation for Bid 1. General Delivery & Bid Opening ‐ Bids still due 2:00 PM on April 2, 2010. Bids will be due at Planning & Sustainability at 210 Main Street, Room 11, Northampton, MA 01060. If City Hall is open, bids can be delivered by that deadline. If City Hall is not open because of COVID‐19, bids can either be: 1. Mailed so long as they reach the city at least 48 hours BEFORE the bid opening OR 2. Bids can be hand delivered to a drop off box in front of City Hall that will be available from 1:45 PM to 2:00 PM. Bids will be opened live a few minutes after 2:00 PM. If City Hall is closed, bid opening will be available on‐ line on Zoom: Join Zoom Meeting https://umass‐amherst.zoom.us/j/188969311 Meeting ID: 188 969 311 One tap mobile Addendum No. 2 dated March 26, 2020 1 of 4 ADDENDUM NO. 2 March 26, 2020 To all Bidders on the Project titled: City of Northampton Shared Use & Sidewalk Ramps Project Various Locations Northampton, Massachusetts Contract 98‐20 Office of Planning & Sustainability City of Northampton 210 Main Street, Room 11 Northampton, MA Reference Contract Documents (drawings and specifications) dated March 4, 2020 and Addendum 1 issued on March 19, 2020 The attention of bidders submitting bids for the above subject project is called to the following addendum to the specifications and drawings. The items set forth herein, whether of omission, addition, substitution, or clarifications are all to be included in and form a part of the bid submitted. THE NUMBER OF THIS ADDENDUM ( 2 ) MUST BE ENTERED IN THE APPROPRIATE SPACE “B” PROVIDED AFTER THE WORD “NUMBERED” OF THE CONTRACT FORM ENTITLED “GENERAL BID FORM” ON SHEET 2‐2. On March 23, 2020, Governor Charlie Baker issued an emergency order requiring all businesses and organizations that do not provide “COVID‐19 Essential Services” to close their physical workplaces and facilities to workers, customers and the public as of Tuesday, March 24th at noon until Tuesday, April 7th at noon. This addendum has been issued to address changes to the contract regarding the submission of the bid, public bid opening procedures, schedule delays and of liquidated damages for the Pandemic delays as a result of COVID‐19 described below. Additionally, a newly released Davis‐Bacon Act Wage Determination needs to be incorporated into the bid. Advertisement For Bids & Section 1 – Invitation for Bid General Delivery & Bid Opening ‐ Bids still due 2:00 PM on April 2, 2010. Bids will be due at the drop box or the address below in the event that City Hall remains closed to the public because of COVID‐19. In that case bids can either be: Addendum No. 2 dated March 26, 2020 2 of 4 1. Mailed, UPS, or FedEx (no hand delivery) due on April 1, 2020 (24 hours BEFORE the bid opening) to: Mr. Wayne Feiden 57 Olander Drive, Northampton, MA 01060 OR 2. Bids can be hand delivered to a drop off box in front of City Hall that will be available from 1:45 PM to 2:00 PM on the day of the bid (15 minute window.) Bids will be opened live a few minutes after 2:00 PM. If City Hall is closed, bid opening will be available on‐line on Zoom: Join Zoom Meeting https://umass‐amherst.zoom.us/j/188969311 Meeting ID: 188 969 311 One tap mobile +16468769923,,188969311# US (New York) +13126266799,,188969311# US (Chicago) Dial by your location +1 646 876 9923 US (New York) +1 312 626 6799 US (Chicago) +1 301 715 8592 US +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US Meeting ID: 188 969 311 Join by SIP 188969311@zoomcrc.com Join by H.323 162.255.37.11 (US West) 162.255.36.11 (US East) 221.122.88.195 (China) 115.114.131.7 (India Mumbai) 115.114.115.7 (India Hyderabad) 213.19.144.110 (EMEA) 103.122.166.55 (Australia) 209.9.211.110 (Hong Kong) 64.211.144.160 (Brazil) 69.174.57.160 (Canada) 207.226.132.110 (Japan) Meeting ID: 188 969 311 Addendum No. 2 dated March 26, 2020 3 of 4 SECTION 4 – CONTRACT AGREEMENT (CITY) ARTICLE 8 – Time 8..3. Delays and Extension of Time SECTION 5 – SPECIAL CONDITIONS & PROVISIONS Construction Sequence & Commencement and Completion of the Work and Liquidated Damages Exclusion of Liquidated Damages Due to Uncertainty with COVID‐19 Delay All references in the Contract for liquidated damages in Section 5 Special Conditions and Provisions subsection “COMMENCEMENT AND COMPLETION OF THE WORK AND LIQUIDATED DAMAGES” related to “Substantial Completion” deadlines or for failure to complete the construction by July 1, 2020 i.e. “Final Completion” shall not be charged for approved delays related to the COVID‐19 pandemic. The contract complete dates will be determined based upon submission of a detailed schedule to the City for the project after award including any anticipated delays due to COVID‐19. No additional change orders or additional costs will be paid for the submission of the schedule and quantification of the anticipated delays to the City. The contract date of substantially complete will be determined or otherwise equitably adjusted based upon the anticipated construction period window for the project after the Contractor breaks ground. Schedule Delays Due to Uncertainty with COVID‐19 The City of Northampton and the Office of Planning & Sustainability understands that in the COVID‐ 19 emergency order there may be interruptions due to public health related shelter in place orders and/or an inability to obtain trench or other necessary permits, permissions to break ground, and other potential supply chain delays outside of the Contractor’s control. The contract will be extended by the approved period of these interruptions, based upon submission of a schedule to the City outlining potential delays. No change orders for additional costs or time will be issued by the City as a result of these interruptions, if they are deemed to be in control of the Contractor, reasonably anticipated or that can be cured with ordinary Construction means and methods for similarly experienced Contractors working in similar locations such as alternative sourcing of goods, materials, and labor. Addendum No. 2 dated March 26, 2020 4 of 4 SECTION 3 – PREVAILING WAGE RATES (MA & FEDERAL) Newly released Davis‐Bacon Act Wage Determination – Heavy The United States Government has issued a revised Davis‐Bacon wage determination for the State of Massachusetts – Heavy Construction in Hampshire County. #: MA20200010  State: Massachusetts  County/ies: Berkshire, Franklin, Hampden, Hampshire  Modification #1  Construction Type: Heavy  Last Revised Date: Mar 13, 2020 See attached. This superseded one of the rate tables contained in the original bid documents in Section 3 Prevailing Wage Rates (MA & Federal). The Contractor shall make adjustments accordingly. All other portions of the Contract Documents and plans remain unchanged. Please be reminded to acknowledge this Addendum on the bid forms. ‐‐‐ End of Addendum No. 2 ‐‐‐ "General Decision Number: MA20200010 03/13/2020 Superseded General Decision Number: MA20190010 State: Massachusetts Construction Types: Heavy (Heavy and Marine) Counties: Berkshire, Franklin, Hampden and Hampshire Counties in Massachusetts. HEAVY CONSTRUCTION PROJECTS; AND MARINE CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above‐mentioned types of contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but it does not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)‐(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 1 03/13/2020 BOIL0029‐001 01/01/2017 Rates Fringes BOILERMAKER......................$ 42.42 24.92 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRMA0001‐005 02/01/2019 SPRINGFIELD CHAPTER Rates Fringes BRICKLAYER BRICKLAYERS; CEMENT MASONS; STONE MASONS; MARBLE, TILE & TERRAZO......$ 41.96 29.80 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRMA0001‐007 02/01/2019 SPRINGFIELD/PITTSFIELD CHAPTER BERKSHIRE COUNTY Rates Fringes BRICKLAYER BRICKLAYERS; CEMENT MASONS; STONE MASONS; MARBLE, TILE & TERRAZZO.....$ 41.96 29.80 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0056‐004 08/01/2018 Rates Fringes DIVER TENDER.....................$ 46.07 32.25 DIVER............................$ 64.50 32.25 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0056‐009 08/01/2018 Rates Fringes PILEDRIVERMAN....................$ 46.07 32.25 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0108‐008 09/04/2017 BERKSHIRE Rates Fringes CARPENTER........................$ 35.56 23.76 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0108‐010 09/04/2017 HAMPDEN; HAMPSHIRE; AND FRANKLIN (Remainder of County) Rates Fringes CARPENTER........................$ 35.56 23.76 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0336‐005 09/01/2019 FRANKLIN COUNTY (Erving, Orange, North Orange, and Warwick) Rates Fringes CARPENTER........................$ 41.90 29.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * CARP1121‐004 01/06/2020 Rates Fringes MILLWRIGHT.......................$ 36.71 31.15 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * ELEC0007‐002 12/29/2019 HAMPDEN (Except Chester & Holyoke); HAMPSHIRE (Belchertown, Ware) Rates Fringes ELECTRICIAN......................$ 43.41 24.20 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * ELEC0007‐003 12/29/2019 BERKSHIRE; FRANKLIN; HAMPDEN (Chester, Holyoke); HAMPSHIRE (Except Belchertown, Ware) Rates Fringes ELECTRICIAN......................$ 43.41 24.20 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0098‐007 12/01/2016 Rates Fringes Power equipment operators: Group 1....................$ 33.68 23.96+A Group 2....................$ 33.37 23.96+A Group 3....................$ 33.15 23.96+A Group 4....................$ 32.54 23.96+A Group 5....................$ 29.92 23.96+A Group 6....................$ 28.80 23.96+A Group 7....................$ 26.86 23.96+A Group 8....................$ 305.95 23.96+A Group 9....................$ 230.69 23.96+A Group 10....................$ 35.17 23.96+A Group 11....................$ 38.18 23.96+A Group 12....................$ 39.68 23.96+A Group 13....................$ 40.68 23.96+A Group 14....................$ 41.68 23.96+A Group 15....................$ 43.18 23.96+A HAZARDOUS WASTE PREMIUM $2.00 FOOTNOTE FOR POWER EQUIPMENT OPERATORS: Group 8 and Group 9 are per day wages. A. Paid Holidays: New year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day POWER EQUIPMENT OPERATORS CLASSIFICATIONS Group 1: Shovels; crawlers and truck cranes including all tower; self‐propelled hydraulic cranes 10 tons and over; draglines; clam shells; cableways; shaft hoists; mucking machines derricks; backhoes; bulldozers; gradalls; elevating graders; pile drivers; concrete pavers; trenching machines; front end loaders‐ 5 1/2 cu yds and over; dual drum paver; automatic grader‐excavator(C.M.I. or equal); scrapers towing pan or wagon; tandem dozers or push cats(2 units in tandem); shotcrete machine; tunnel boring machine; combination backhoe/loader 3/4 cu yd hoe or over; jet engine dryer; tree shredder; post hole digger; post hole hammer; post extractor; truck mounted concrete pump with boom; roto‐mill; Grader; Horizontal Drilling Machine; John Henry Rock Drill and similar equipment. Group 2: Rotary drill with mounted compressor; compressor house (3 to 6 compressors); rock and earth boring machines (excluding McCarthy and similar drills); front end loaders 4 cu yds to 5 1/2 cu yds); forklifts‐7 ft lift and over 3 ton capacity; scraper 21 yds and over (struck load); sonic hammer console; reclaimers road planer/milling machine; cal tracks; ballast regulators; rail anchor machines; switch tampers, asphalt pavers; mechanic; welder and transfer machine. Group 3: Combination backhoe/loader up to 3/4 cu yd; scrapers up to 21 cu yd (struck load, self propelled or tractor drawn); tireman; front end loaders up to 4 yds; well drillers; engineer or fireman on high pressure boiler; self‐loading batch plant; well point operators electric pumps used in well point system; pumps, 16 inches and over (total discharge); compressor, one or two 900 cu ft and over; powered grease truck; tunnel locomotives and dingys; grout pumps; hydraulic jacks; boom truck; hydraulic cranes‐ up to 10 ton. Group 4: Asphalt rollers; self‐powered rollers and compactors; tractor without blade drawing sheepsfoot roller; rubber tire roller; vibratory roller or other type of compactors including machines for pulverizing and aerating soil; york rake. Group 5: Hoists; conveyors; power pavement breakers; self‐powered concrete pavement finishing machines; two bag mixers with skip; McCarthy and similar drills; batch plants (not self loading); bulk cement plants; self‐propelled material spreaders; three or more 10 KW light plants; 30 KW or more generators; power broom. Group 6: Compressor (one or two) 315 cu ft to 900 cu ft; pumps 4 inches to 16 inches (total discharge). Group 7: Compressors up to 315 cu ft; small mixers with skip; pumps up to 4 inches; power heaters; oiler; A‐frame trucks; forklifts‐up to 7 ft. lift and up to 3 ton capacity; hydro broom; stud welder. Group 8: Truck crane crews Group 9: Oiler Group 10: Master Mechanic Group 11: Boom lengths over 150 feet including jib Group 12: Boom lengths over 200 feet including jib Group 13: Boom lengths over 250 feet including jib Group 14: Boom lengths over 300 feet including jib Group 15: Boom lengths over 350 feet including jib ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0007‐014 03/16/2019 BERKSHIRE (Becket, East Otis, Hinsdale, Monterey, New Marlboro, North Otis, Otis, Peru, Sandisfield, Savoy, Sheffield, Washington, Windsor); FRANKLIN; HAMPDEN; HAMPSHIRE Rates Fringes IRONWORKER.......................$ 34.20 31.20 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0012‐003 07/01/2018 BERKSHIRE (Lee) Rates Fringes IRONWORKER.......................$ 31.00 24.43 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0012‐004 07/01/2018 BERKSHIRE (Remainder of County) Rates Fringes Ironworkers: Sheeter.....................$ 31.25 24.43 Structural, Ornamental, Reinforcing, Fence Erector, Machinery Mover, Rigger, Rodman, Stone Derrickman..................$ 31.00 24.43 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0022‐002 06/01/2018 FRANKLIN (Orange, Warwick) Rates Fringes Laborers: GROUP 1.....................$ 33.25 22.92 GROUP 2.....................$ 33.50 22.92 GROUP 3.....................$ 34.00 22.92 GROUP 4.....................$ 34.25 22.92 GROUP 5.....................$ 34.00 22.92 GROUP 6.....................$ 34.25 22.92 LABORERS CLASSIFICATIONS GROUP 1: Laborers; carpenter tenders; cement finisher tenders, plasterer tenders GROUP 2: Asphalt raker; fence and guard rail erector; laser beam operator; mason tenmder; pipelayer; pneumatic drill operator; pneumatic tool operator; wagon drill operatorm jackhammer operator, pavement breaker, carbide core drilling machine, chain saw operator, barco type jumping tampers, concrete pump, motorized mortar miner, ride‐on motorized buggy GROUP 3: Air track operator; block paver; rammer; curb setter, hydraulic and similar self‐powered drills GROUP 4: Blaster; powderman GROUP 5: Precast floor and roof, plank erector GROUP 6: Asbestos Abatement, Toxic and Hazardous waste laborers ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0473‐005 06/01/2018 FRANKLIN (Except Orange and Warrick); HAMPDEN and HAMPSHIRE COUNTIES (with the exception of Chesterfield, Cummington, Goshen, Middlefield, Plainfield, and Worthington) Rates Fringes Laborers: Group 1.....................$ 31.00 20.18 Group 2.....................$ 31.25 20.18 Group 3.....................$ 31.75 20.18 Group 4.....................$ 32.00 20.18 Group 5.....................$ 21.50 20.18 Group 6.....................$ 31.00 20.18 LABORERS CLASSIFICATIONS Group 1: Carpenter tenders, cement finisher tenders, laborers, wrecking laborers Group 2: Asphalt rakers, fence and guard rail erectors, laser beam operator, mason tender, pipelayer, pneumatic drill operator, pneumatic tool operator, wagon drill operator Group 3: Air track operator, block pavers, rammers, curb setters Group 4: Blasters, powdermen Group 5: Flaggers Group 6: Asbestos abatement, toxic and Hazardous waste laborers ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0473‐006 06/01/2018 BERKSHIRE; HAMPSHIRE COUNTIES (the towns of Chesterfield, Cummington, Goshen, Middlefield, Plainfield, and Worthington only) Rates Fringes Laborers: Group 1.....................$ 27.58 22.29 Group 2.....................$ 27.83 22.29 Group 3.....................$ 28.33 22.29 Group 4.....................$ 28.58 22.29 Group 5.....................$ 21.50 22.29 Group 6.....................$ 28.58 22.29 LABORERS CLASSIFICATIONS Group 1: Carpenter tenders, cement finisher tenders, laborers, wrecking laborers Group 2: Asphalt rakers, fence and guard rail erectors, laser beam operator, mason tender, pipelayer, pneumatic drill operator, pneumatic tool operator, wagon drill operator Group 3: Air track operator, block pavers, rammers, curb setters Group 4: Blasters, powdermen Group 5: Flaggers Group 6: Asbestos abatement, toxic and Hazardous waste laborers ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO1421‐002 06/01/2018 Rates Fringes Laborers: Group 1.....................$ 38.15 24.10 Group 2.....................$ 38.90 24.10 Group 3.....................$ 39.15 24.10 Group 4.....................$ 34.15 24.10 Group 5.....................$ 37.25 24.10 Group 6.....................$ 38.15 24.10 Group 1: Adzeman, Wrecking Laborer. Group 2: Burners, Jackhammers. Group 3: Small Backhoes, Loaders on tracks, Bobcat Type Loaders, Hydraulic ""Brock"" Type Hammer Operators, Concrete Cutting Saws. Group 4: Yardman (Salvage Yard Only). Group 5: Yardman, Burners, Sawyers. Group 6: Asbestos, Lead Paint, Toxic and Hazardous Waste. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0035‐010 07/01/2019 Rates Fringes PAINTER NEW CONSTRUCTION: Brush, Taper...............$ 32.33 26.35 Spray, Sandblast...........$ 34.03 27.00 REPAINT: Bridge.....................$ 50.66 27.00 Brush, Taper...............$ 29.65 26.35 Spray, Sandblast...........$ 31.35 27.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * PLUM0004‐003 03/01/2020 FRANKLIN (Orange) Rates Fringes Plumber and Steamfitter..........$ 45.41 26.56 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0104‐004 09/17/2019 BERKSHIRE (Becket, Otis, Sandisfield); FRANKLIN (Except Monroe, Rowe, and the Western part of Charlemont); HAMPDEN; HAMPSHIRE Rates Fringes Plumbers and Pipefitters.........$ 41.21 25.90 FOOTNOTE: A. Two paid holidays, Independence Day and Labor Day, provided the employee has been employed seven days prior to the holiday by the same employer ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0104‐009 09/17/2019 BERKSHIRE (Except Otis, Becket, Sandisfield); FRANKLIN (Monroe, Rowe and the Western part of Charlemont) Rates Fringes Plumber and Steamfitter..........$ 41.21 25.90+a FOOTNOTE FOR PLUMBERS & STEAMFITTERS: A. Paid holidays: Independence Day and Labor Day, provided the employee has been employed seven days prior to the holiday by the same employer. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TEAM0379‐001 06/01/2019 Rates Fringes Truck drivers: Group 1.....................$ 34.08 25.1125+A+B Group 2.....................$ 34.25 25.1125+A+B Group 3.....................$ 34.32 25.1125+A+B Group 4.....................$ 34.44 25.1125+A+B Group 5.....................$ 34.54 25.1125+A+B Group 6.....................$ 34.83 25.1125+A+B Group 7.....................$ 35.12 25.1125+A+B POWER TRUCKS $.25 DIFFERENTIAL BY AXLE TUNNEL WORK (UNDERGROUND ONLY) $.40 DIFFERENTIAL BY AXLE HAZARDOUS MATERIALS (IN HOT ZONE ONLY) $2.00 PREMIUM TRUCK DRIVERS CLASSIFICATIONS Group 1: Station wagons; panel trucks; and pickup trucks Group 2: Two axle equipment; & forklift operator Group 3: Three axle equipment and tireman Group 4: Four and Five Axle equipment Group 5: Specialized earth moving equipment under 35 tons other than conventional type trucks; low bed; vachual; mechanics, paving restoration equipment Group 6: Specialized earth moving equipment over 35 tons Group 7: Trailers for earth moving equipment (double hookup) FOOTNOTES: A. PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Patriot's Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day B. PAID VACATION: Employees with 4 months to 1 year of service receive 1/2 day's pay per month; 1 week vacation for 1 ‐ 5 years of service; 2 weeks vacation for 5 ‐ 10 years of service; and 3 weeks vacation for more than 10 years of service ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ WELDERS ‐ Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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)). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SULA2012‐007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG‐OH‐0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 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" Addendum No. 1 dated March 19, 2020 2 of 2 +16468769923,,188969311# US (New York) +13126266799,,188969311# US (Chicago) Dial by your location +1 646 876 9923 US (New York) +1 312 626 6799 US (Chicago) +1 301 715 8592 US +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US Meeting ID: 188 969 311 Join by SIP 188969311@zoomcrc.com Join by H.323 162.255.37.11 (US West) 162.255.36.11 (US East) 221.122.88.195 (China) 115.114.131.7 (India Mumbai) 115.114.115.7 (India Hyderabad) 213.19.144.110 (EMEA) 103.122.166.55 (Australia) 209.9.211.110 (Hong Kong) 64.211.144.160 (Brazil) 69.174.57.160 (Canada) 207.226.132.110 (Japan) Meeting ID: 188 969 311 Wayne Feiden, FAICP, Director Planning & Sustainability City of Northampton 210 Main St, City Hall, Northampton, MA 01060 All other portions of the Contract Documents and plans remain unchanged. Please be reminded to acknowledge this Addendum on the bid forms. ‐‐‐ End of Addendum No. 1 ‐‐‐ Addendum No. 3 dated March 27, 2020 1 of 1 ADDENDUM NO. 3 March 27, 2020 To all Bidders on the Project titled: City of Northampton Shared Use & Sidewalk Ramps Project Various Locations Northampton, Massachusetts Contract 98‐20 Office of Planning & Sustainability City of Northampton 210 Main Street, Room 11 Northampton, MA Reference Contract Documents (drawings and specifications) dated March 4, 2020, Addendum 1 issued on March 19, 2020, and Addendum 2 issued on March 26, 2020. The attention of bidders submitting bids for the above subject project is called to the following addendum to the specifications and drawings. The items set forth herein, whether of omission, addition, substitution, or clarifications are all to be included in and form a part of the bid submitted. THE NUMBER OF THIS ADDENDUM ( 3 ) MUST BE ENTERED IN THE APPROPRIATE SPACE “B” PROVIDED AFTER THE WORD “NUMBERED” OF THE CONTRACT FORM ENTITLED “GENERAL BID FORM” ON SHEET 2‐2. On March 25, 2020, the State of Massachusetts Governor’s Legal Office issued a letter addressed to municipalities in the state to provide guidance and clarification concerning the March 23, 2020 emergency order in regards to “COVID‐19 Essential Services” and specifically the construction industry. The letter and enclosure of the “Commonwealth of Massachusetts COVID‐19 Guidelines and Procedures for All Construction Sites and Workers At All Public Work” outlines various procedures and responsibilities of contractors and municipalities that shall be incorporated into the contract. SECTION 5 – SPECIAL CONDITIONS & PROVISIONS All contractors must follow the state's COVID‐19 construction standards set forth in the attached letter, and any supplement issued by the State or the City. See attached letter from the Commonwealth of Massachusetts Governor’s Legal Office. (7 Pages) All other portions of the Contract Documents and plans remain unchanged. Please be reminded to acknowledge this Addendum on the bid forms. ‐‐‐ End of Addendum No. 3 ‐‐‐