HomeMy Public PortalAboutCPC Packet 011421Town of Brewster Community Preservation Committee
2198 Main St., Brewster, MA 02631
cpcmeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
January 14, 2021 at 4:00 PM (Remote Participation Only)
This meeting will be conducted by remote participation pursuant to Gov. Baker’s March 2020 orders suspending certain Open Meeting
Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to
live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible.
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Community
Preservation
Committee
Faythe Ellis
Chair
Sharon Marotti
Vice Chair
Elizabeth Taylor
Clerk
Barbara Burgo
Bruce Evans
Peggy Jablonski
Diane Pansire
Paul Ruchinskas
Roland Bassett Jr.
CPC Assistant
Beth Devine
1. Call to order
2. Financial Report
3. Discussion and possible vote on financial assumptions for FY2022
4. Discussion and possible vote on completeness, timeliness and CPA eligibility of
Dog Park application and referral to Recreation Commission for review and
recommendation.
5. Discussion and possible vote to use grant funds of $295,690 to pay off Besse
Cartway short term loan in May 2021.
6. Local Preference Workshop on 3/25/21
7. Meeting Schedule – January/February
8. Approval of minutes from 12/23/20
9. Project Updates
a. Open Space and Rec Plan
b. Cobb House Outbuilding
c. Other
10. Announcements
11. Items the Chair could not anticipate
12. Next meeting: 1/29/21 at 1pm
Date Posted: Date Revised:
Community Preservation Committee: FY22 Forecast as of 1/2/2021
1,716,072.80$
1,084,450.00$
162,667.50$ 1,247,117.50$
2,963,190.30
50%10%10%
Open Space Housing Historical
$ 503,132.57 $ 113,075.41 $ 475,462.89 $ 624,401.93
$ 623,558.75 $ 124,711.75 $ 124,711.75 $ 374,135.25
$ 1,126,691.32 $ 237,787.16 $ 600,174.64 $ 998,537.18
Open Space Housing Historical "30%"
$ (53,100.00)
$ (101,600.00)
$ (48,983.00)
62,355.88
(300,000.00)
(50,000.00)
(125,000.00)
(51,096.00)
(150,000.00)
(100,000.00)
Total YTD Obligations - FY22 $ (203,683.00) $ (101,096.00) $ (125,000.00) $ (487,644.13)
$ 923,008.32 $ 136,691.16 $ 475,174.64 $ 510,893.06
Total net available from all accounts 2,045,767.18$ YE ADJUSTMENT-
BREWSTER BAPTIST
STEEPLE RETURN OF
ALLOCATED FUNDS
Windrift 377,663.00 50,000.00
McGuerty 193,063.00
FY-21 Estimated total balance forwarded [1]:
FY-22 Estimated local tax revenue:
FY-22 Estimated State contribution [2]:
Total FY-22 Estimated funds available:
Budgedted Reserved
for CPA
FY-21 Actual Unreserved Fund Balance
FY-22 Estimated revenue
FY-22 Estimated Funds available
FY-22 obligations as of 01/02/2021
BBJ Property Bond #1
BBJ Property Bond #2
Bates Property Bond
[1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional expenses.
Administration Expense [3]
Outstanding Requests for Funding for Spring TM
Brewster Dog Park
Dennis Veterans Home
Mill Pond Wall
Housing Coordinator
Rental Assistance
Habitat - Red Top Road
FY22 Estimated Unreserved Fund Balance as of 01/02/2021
with Adjustments
REMAINING OPEN SPACE GRANT FUNDS
(2) State Match revenue is projected at 15%, which is the total which was listed in the Fall TM Warrant.
[3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 state
Coalition dues.
{4} Original bond amount of 1,594,900 to be paid down by 899,210 in April 2020 and 400,000 in April 2021. Rem. Balance is 295,690 @ .75% interest rateBONDS
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Community Preservation Committee Application October 1, 2020.rev2
APPLICATION FOR COMMUNITY PRESERVATION ACT FUNDING
Date Application Submitted:
Name of Project Applicant:
Name of Co-Applicant(s), if applicable:
Name of Contact Person:
Contact Person’s Mailing Address:
Contact Person’s Daytime Phone Number:
Contact Person’s email Address:
Proposed Project Name:
Project Address (or assessor’s parcel ID):
Project Synopsis:
Category: ☐ Open Space ☐ Historic Preservation ☐ Recreation ☐ Community Housing
CPA funding requested $ ______________ Total Cost of Proposed Project $
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Community Preservation Committee Application October 1, 2020.rev2
PROJECT DESCRIPTION
Please describe your project, answering all of the following questions in the order presented. Applications
will be considered incomplete if all requested information is not provided. Include supporting materials
(maps, diagrams, photos, etc.). Please number pages of application.
Form fields are provided after each question for your convenience. If you need more room, you may
provide additional information via separate documents/attachments at the end of the document.
1. Project Description: Describe the proposed project. Is this part of a larger project or an ongoing project?
2. For Historic Preservation projects: Attach proof of listing on the State Register of Historic Places or a
letter from the Brewster Historical Commission indicating that the resource has been determined to be
significant in the history, archaeology, architecture, or culture of Brewster. Please note that rehabilitation
projects must comply with the Secretary of the Interior Standards for Treatment of Historic Properties.
Additional information and analysis will be needed for projects submitted by churches/religious
organizations to determine if they comply with the SJC’s Caplan vs. Town of Acton decision.
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Community Preservation Committee Application October 1, 2020.rev2
3. CPA Goals/Criteria: Describe how this project accomplishes the goals and objectives of the CPA (refer to
the attached general and issue-specific criteria and identify which of these apply to the project).
4. Community Benefits: What are the community benefits of the project?
5. Community Support: What is the nature and level of support for this project? Include letters of support
and any petitions.
6. Timeline: What is the schedule for project implementation, including a timeline for all milestones? Please
identify any special timing considerations for the project’s implementation. If this is part of a larger project,
is it phased? What is the timeline for the entire project?
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Community Preservation Committee Application October 1, 2020.rev2
7. Credentials: What are the qualifications and relevant experience of those undertaking the project?
8. Budget/Need for Public Funds: What is the total budget (sources of funds and uses/expenses) for the
project and schedule for expenditure of CPA funds? All sources of funds and expenses must be clearly
identified. Provide the basis for cost estimates whenever possible. (Note: CPA funds may not be used for
maintenance.)
If this is part of a larger project, what is the budget for the entire project (sources of funds and
expenses/uses)?
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Community Preservation Committee Application October 1, 2020.rev2
Clearly identify what additional funding sources are available, committed, or under consideration and why
public funding would be appropriate. Include copies of commitment letters, if available, and describe any
other attempts to secure funding for this project.
Provide the most recent audited financial report or if none available, an applicant generated financial report
that includes a balance sheet and operating budget. Town-sponsored projects must demonstrate why the
project cannot be funded through the Department’s or Committee’s budget.
9. Maintenance: If ongoing maintenance is required for your project, who will be responsible for maintenance
and how will it be funded?
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Community Preservation Committee Application October 1, 2020.rev2
10. Site Control and Appraisal: If the project involves acquisition of real property, provide evidence of site
control (deed, purchase and sale, option, etc.). In addition, provide an appraisal of the property’s value by a
state licensed appraiser using customary appraising techniques. The CPA does not allow funding for
acquisitions if the acquisition price is greater than appraised value.
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Community Preservation Committee Application October 1, 2020.rev2
Town of Brewster Community Preservation Committee
CATEGORY SPECIFIC CRITERIA
(Identify which of the following criteria apply to your project.)
Open Space Proposals
Permanently protect important wildlife habitat, including areas of significance for biodiversity,
diversity of geological features and types of vegetation, contain a habitat type that is in danger of
vanishing from Brewster or preserve habitat for threatened or endangered species of plants or animals.
Provide opportunities for passive recreation and environmental education.
Enhance or protect wildlife corridors, promote connectivity of habitat and prevent fragmentation of
habitats.
Provide connections with existing trails or potential trail linkages.
Preserve scenic views or border a scenic road.
Protect drinking water quantity and quality.
Provide flood control/storage.
Preserve important surface water bodies, including wetlands, vernal pools or riparian zones.
Preserve priority parcels in the Town’s Open Space Plan/maximize the amount of open land owned by
the Town of Brewster.
Historical Preservation Proposals
MANDATORY: Must be on the State Register of Historic Places or have a letter from the Brewster
Historical Commission indicating that the resource has been determined to be significant in the history,
archaeology, architecture, or culture of Brewster.
MANDATORY: Project must meet Secretary of the Interior Standards for rehabilitation and/or
restoration of Historic Preservation Properties.
MANDATORY IF REQUEST IS FROM A CHURCH/RELIGIOUS ORGANIZATION: The
project must satisfy the analysis outlined by the SJC’s Caplan vs. Town of Acton decision.
Protect, preserve, enhance, restore and/or rehabilitate historic, cultural, architectural or archaeological
resources of significance, especially those that are threatened.
Protect, preserve, enhance, restore and/or rehabilitate town-owned properties, features or resources of
historical significance.
Protect, preserve, enhance, restore and/or rehabilitate the historical function of a property or site;
Demonstrate a public benefit and/or public access, or
Otherwise provide permanent protection for maintaining the historic resource.
Project site should not be privately owned unless there is demonstrable public access and benefit.
Community Housing Proposals
Increase the supply of year-round affordable rental housing for all types of households, such as young
singles and couples, families, and seniors.
Build support for addressing housing needs through partnerships with conservation groups and non-
profit and for-profit developers.
Create housing that is affordable and appropriate for very low-income seniors and people with
disabilities.
Increase local capacity to plan, advocate for, and create affordable housing, preserve the affordability
and condition of existing affordable units, and monitor affordable housing restrictions.
Increase the variety of mixed-income housing choices in Brewster, particularly in or near commercial
areas in order to support Brewster’s economy and accommodate household growth.
Provide at least 10% of Brewster’s year-round housing units as affordable housing in order to meet
local and regional needs.
Ensure long term affordability.
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Community Preservation Committee Application October 1, 2020.rev2
Commit to a resident selection process that promotes diversity and does not include a local preference.
Recreation Proposals
Support multiple active and passive recreation uses.
Serve a significant number of residents and visitors.
Expand the range of recreational opportunities available to all ages of Brewster residents and visitors.
Benefit other Brewster committees providing recreational resources to residents.
Promote the use of alternative corridors that provide safe and healthy non-motorized transportation.
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Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
JANUARY 30, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
DRAFT
LAYOUT PLAN
LC-200
5' CHAIN-LINK FENCE
SEE DETAIL 9/LC-500
BIT. CONC. WALK
SEE DETAIL 2/LC-500
BIT. CONC.
ENTRANCE ROAD.
SEE DETAIL 1/LC-500
50'-0" LAYOUT GRID
SAND PLAYMOUND WITH
GRANITE CURB EDGING
SAND PLAYMOUND WITH
GRANITE CURB EDGING
BIT. CONCRETE WALK
SEE DETAIL 2/LC-500
ACCESSIBLE STRIPED AISLE, PARKING
SYMBOLS AND SIGNAGE (2)
PLANTING BED
GRANITE CURB & BIT. CONC. WALK
SEE DETAIL 2&5/LC-500
PLAY BOULDERS (7)
SEE DETAIL 3/LC-501
(2) DOG WATER STATION
SEE DETAIL 2/LC-501
0'30'15'60'90'
SCALE 1"=30'-0" (if printed full size @ 24" x 36")
APPROX. EXISTING POLICE
DEPARTMENT PARKING LOT
PROVIDE 40' MINIMUM DISTANCE
BETWEEN EXISTING PARKING LOT AND NEW ROAD
SMALL DOG
AREA
LARGE DOG
AREA
6' STEEL BENCH,
TYPICAL OF 8.
SEE DETAIL 6/LC-500
GRAVEL MAINTENANCE DRIVE
SEE DETAIL 4/LC-500
GRAVEL MAINTENANCE DRIVE
SEE DETAIL 4/LC-500
PLAY BOULDERS (5)
SEE DETAIL 3/LC-501
WOOD PLATFORM & RAMP
SEE DETAIL 6/LC-501
10' WIDE ACCESS GATE
(2)-5' GATES.
SEE DETAIL 9/LC-500
GRANITE CURB & BIT.
CONC. WALK
SEE DETAIL
2&5/LC-500
10' WIDE ACCESS GATE
(2)-5' GATES.
SEE DETAIL 9/LC-500
ENTRY PLAZA
SEE DETAIL 1/LC-502
PET WASTE STATION, TYP. OF 2
SEE DETAIL 8/LC-500
RAKED GROUND SURFACE
WITH 3" BARK MULCH, TYP.
1. Do not scale drawings for quantity take-offs or construction. Use written dimensions only. If dimensions
are incomplete, contact The Berkshire Design Group, Inc. for clarification.
2. All lines or points are perpendicular or parallel to lines from which they are measured unless otherwise
noted.
3. The Contractor shall verify all layout, dimensions, grades, and inverts prior to construction; report any and
all discrepancies to the Landscape Architect. All discrepancies shall be resolved in writing prior to beginning
work.
4. All areas disturbed from construction activity to be raked, smoothed, fertilized and seeded with perennial
turfgrasses unless otherwise noted.
5. All new walks and surfaces to meet existing walks and surfaces with smooth, continuous line and grade.
6. The Contractor shall not install concrete during adverse weather conditions (rain, sleet, etc.) unless
otherwise directed by the Landscape Architect.
.C[QWV0QVGU
RAKED GROUND SURFACE
WITH 3" BARK MULCH, TYP.
February 22, 2019
4" DEPTH OF
WASHED
RICESTONE
4" DEPTH OF
WASHED
RICESTONE
Brewster Community Preservation Act Grant Application:
Brewster Dog Park Construction
Project Description
Brewster remains poised to construct a municipal dog park – a long-awaited community asset.
The Town has received a construction grant from the Stanton Foundation in the amount of
$225,000. The new Friends of the Brewster Dog Park, a recently formed local 501(c)(3), has
also pledged a minimum financial contribution of $50,000 toward the construction of the
park. This application is seeking funding that would cover the difference in the estimated
project construction costs and the grant funds we have secured to date.
A dog park is a designated public area that is set aside for dog guardians to exercise, play,
and socialize with their dogs off-leash in a safe, enclosed environment. In 2013, dog owners
requested a municipal dog park in Brewster. The Select Board established the Dog Park
Development Committee (DPDC) to carry out the work needed to establish a dog park. Over
several years, the Committee researched and evaluated locations for a park. In December
2017, the DPDC recommended that the Select Board designate the municipal property at 631
Harwich Road as the future site of the dog park. The Select Board unanimously approved
that location on December 4, 2017.
In 2018, the DPDC was awarded a $25,000 grant from the Stanton Foundation to cover the cost
of designing the park, and the Berkshire Design Group of Northampton, Massachusetts, was
selected to design the park and develop bid documents.
The DPDC selected the specific location east of the Brewster Police Facility for the park with
these goals in mind:
Preserve as much of the east side of the parcel as possible for any future municipal needs.
Site the park so as to minimize the length of roadway needed to control costs.
Ensure sufficient buffer between the park and the Police Department, and between the
park and abutters, so that the park is a good neighbor.
The DPDC has proposed creating a functional, attractive dog park consisting of the following
features:
Access road from Harwich Road (Route 124)
Parking area adjacent to park entrance
Water service to provide water for dogs
Shade areas
Two interchangeable fenced areas of sufficient size (small dog area of about 1 acre
and large dog area of approximately 1.5 acres)
Entry corral with double-gated park entrance (to avoid escapes)
No 90-degree fencing angles where dogs could be cornered
Signage with rules and policies
Trash and waste receptacles
Dog waste bag dispensers
Suitable land; relatively flat with permeable soil
Canine friendly, sustainable surfaces
Minimum 5 foot high black vinyl chain link fence
ADA accessible
Benches for gathering and resting in and out of park areas
Walking trail inside the perimeter
Maintenance gate to permit equipment access
Perimeter buffer sufficient to provide separation between the park and neighbors
Respectful distance from abutters, cemetery, and police facility
Additional features may include:
Agility elements such as a wood platform
Supplemental landscaping features
Sprinkler system for any turf areas
Historic Preservation
N/A
CPC Goals/Criteria
The construction of a dog park supports these goals and criteria for recreation proposals.
Support multiple active and passive recreation uses.
Dog parks provide dog owners with the opportunity to exercise, socialize, and train
their dogs in a safe environment. Dog parks can be used to host community recreation
events (like agility competitions) and dog training activities.
Serve a significant number of residents and visitors.
There are currently 1,136 registered dogs in Brewster according to the Town Clerk. The
number of dogs in Brewster increases in the summer when second-home owners,
renters, and others visit Brewster with their dogs. A dog park will be an important
community amenity, especially in the summer when dogs are not permitted on Brewster
beaches. There are no off-leash dog parks between Dennis and Provincetown.
Expand the range of recreation opportunities available to all ages of Brewster residents
and visitors.
Dog parks provide recreation opportunities for multi-generational users (though there
are generally limits on small children for safety reasons). Dog parks provide an
opportunity for dog owners to meet other dog owners, and to socialize.
Benefit other Brewster committees providing recreations resources to residents.
This project supports the mission of the Brewster Recreation Department, the Council on
Aging, and the All Citizens Access Committee.
Community Benefits
The United States has the highest dog population in the world with over 75 million dogs.
Research indicates that pets keep their owners healthy. Established benefits include reduced risk
of cardiovascular disease, higher survival rates from heart attacks, significantly lower use of
general practitioners services, and better physical and psychological well-being for seniors. This
is also evidenced by the recent increase in comfort and service dogs’ certificates that have been
acquired in the United States.
There are numerous benefits to a community with a professionally designed dog park. In April,
2015, the Trust for Public Land reported that off-leash dog parks are among the most popular
amenities in both cities and small towns. In a sense, dog parks become a microcosm of the
community as they usually have an active community group interested in maintaining the
facility.
A frequently asked question from visitors at the Brewster Chamber of Commerce and at Town
Hall is “Where may one safely take a dog off-leash when visiting?” Brewster’s Animal Control
Officer deals with individuals trying to exercise their pets in inappropriate areas, most often
when the beaches are off-limits to dogs in the summer. It will be helpful to have a park to direct
these individuals to. As Brewster’s population ages, individuals with mobility issues will have a
safe, fenced area where they can exercise their dogs, and reap socialization benefits too.
Building a dog park is consistent with the 2018 Brewster Vision Plan, specifically:
“Provide social opportunities and services for all” (Community Character).
“Improve public access to and expand the use of recreational areas. Look at existing town
properties to create recreational opportunities such as ... a dog park ....” (Open Space)
“Maintain and expand town infrastructure in ways that ...expand recreation
opportunities...” (Community Infrastructure).
Brewster’s Dog Park will be an asset for the Town, and will provide social benefits for people
to play, relax, and meet others in a natural environment. It has been identified as a goal in the
FY21-22 Select Board Strategic Plan.
Community Support
Please find original letters of support from earlier CPC applications in Appendix B. Additional
letters for this year’s application have been transmitted directly to the committee.
Daniel and Armano Beltran, 64 Crescent Lane
Mary Chaffee, PhD, JD, RN, FAAN, Brewster Select Board, 1554 Main Street
Cathy Chamberlain, 50 Wintergreen Lane
Gail Griffin, Derby Lane
Ellie and Peter Johnson, 909 Stony Brook Rd
Betsy McStay, DVM, Brewster Veterinary Hospital
Carmen S. Scherzo, Chairman, Brewster Board of Health
Wile Family, Agway of Cape Cod
Timeline
In December 2018, the DPDC submitted an application for a $225,000 Stanton Foundation
Construction Grant. In February 2019, the Town was notified that it had been awarded the full
$225,000 grant award.
When the project was originally put out to bid, the low bid we received in April 2019 greatly
exceeded our estimated project budget and we rescinded our application to the CPC, pending a
review of our options.
After careful consideration and deliberation, the Town then decided to put the project back out
to bid in October 2019 using a line-item, instead of lump-sum, format and further streamlining
the scope of work to identify the core project elements. Based on data provided by the Stanton
Foundation, projects that go out to bid in the mid- to late-fall, we expected to see significant cost
savings over those that solicit bids in the spring timeframe. However, the bids from that
solicitation again came in higher than originally was expected and we decided to rescind our
pending application before the CPC at that time.
After regrouping again and seeking counsel from the Select Board, we are now planning to go
out to bid one more time, with bids due in late February. The project scope for the base bid will
remain the same as the Fall 2019 solicitation but the list of alternates is expected to be further
refined. Using this approach, the Town will have the option to accept the low price on the base
bid if that is what available funding will cover. The Town has experienced lower than
anticipated bid amounts on several recent similar construction projects and is hopeful that we
may benefit from the current market in going out to bid at this time.
If recommended for approval by the CPC and if awarded the funds by Town Meeting in Spring
2021, construction would take place in Fall 2021.
Credentials
Jeffrey Squire, RLA, Berkshire Design Group, Northampton, MA
Marilynn Glasser, Dog Park Concepts and Consulting, Inc.
Patrick Ellis, Brewster DPW Superintendent, Project Manager
Peter Lombardi, Town Administrator
Robin Young, Administrative Assistant to Town Administrator/Select Board and Stanton
Foundation Liaison
Dog Park Development Committee: Richard Alto, Tom Lincoln, Susan Riseman Lisa Whelan,
Olga Sherry, and Paige Ferraguto
Budget
A detailed budget of the project is included as Appendix A. These estimates are in line with the
assumptions the Town was operating under when we submitted our application in previous
years. These figures were provided by the Berkshire Design Group as part of their contract with
the Town to complete design work and do not include any contingency funds. From previous
bid results, the current estimated project cost is approximately $525,000, including a 5%
contingency.
The Town has received the maximum grant amount allowable by the Stanton Foundation
($225,000). When a municipality is awarded this grant, it must agree to contribute at least 10%
of the overall construction costs. After considerable deliberation, we are seeking CPC funding
to cover the $300,000 balance needed to fully fund the project. The Friends of the Brewster
Dog Park pledged financial contribution of $50,000 will be secured once Town Meeting votes
on this project, thereby reducing the net maximum CPC contribution to $250,000. As stated
earlier, the Town will know the results of the next round of bids well before the warrant for
Spring 2021 Town Meeting is finalized and hopes to further reduce our CPC funding request
based on actual costs identified through that process.
The Brewster DPW will be responsible for any mowing, tree service and a majority of
maintenance of the park once constructed. We anticipate annual maintenance costs of
approximately $5,000 and plan to propose funding for such in the Department of Public Works
budget request. Agway has pledged to donate waste disposal services, both bags and collection, a
significant operating expense for dog parks.
Maintenance
Maintenance and management of the dog park will be the primary responsibility of the
Department of Public Works.
The Town is in the process of developing of Memorandum of Agreement with the Friends of
the Brewster Dog Park that would clarify their role in helping to offset and/or reduce
municipal expenditures and other service considerations through fundraising and volunteer
efforts.
The Stanton Foundation also provides several opportunities for future capital improvement
grants for those parks they have awarded construction grants. This could include fencing and
surfacing improvements, among others, when needed.
Site Control
Per Town counsel: “Since the property is held by the Board of Selectmen for general municipal
purposes, the Board has the authority to allow a portion of the property to be used as a dog park,
and there is no need for a Town Meeting vote to transfer custody or change the purpose for
which the land is held.”
Sources
American Kennel Club, Establishing a Dog Park in Your Community.
https://images.akc.org/pdf/GLEG01.pdf (2008).
Association of Professional Dog Trainers, What Makes a Good Dog Park.
https://apdt.com/resource-center/makes-good-dog-park/ (2018).
Center for City Park Excellence, How to Build and Maintain a Dog Park: Best Practices.
https://cityparksblog.org/2018/03/31/how-to-build-and-maintain-a-dog-park-best-practices/
(2018).
Ensminger, J.J. and Breitkopf, F. Designing a Model Dog Park Law.
https://www.animallaw.info/article/designing-model-dog-park-law (2016).
Friendship Hospital for Animals News, Guide to the DMV’s Most Loved Dog Parks.
http://www.friendshiphospital.com/friendship-news/guide-dmvs-loved-dog-parks (2018).
Glasser, MR, Dog Park Design, Development, and Operation. Human Kinetics (2013).
Salazar, J. & Rogers, E. Designing Dog Parks for the People Who Use them: A Case Study of
Parks in Raleigh and Durham, NC. https://projects.ncsu.edu/grad/research/docs/salazar-poster-
2009.pdf (undated).
Stanton Foundation, Dog Park Grants. http://thestantonfoundation.org/canine/dog-parks (2018).
The Trust for Public Land. Creating Dog Parks Without Rancor.
http://cloud.tpl.org/pubs/ccpe_Dog_Park_Report.pdf (undated).
Appendix A
Brewster Dog Park Probable Construction Costs – Berkshire Design
Group (02.22.19)
Brewster Dog Park
631 Harwich Rd, Brewster, MA
Opinion of Probable Construction Costs *
Prepared by: The Berkshire Design Group, Inc.DRAFT
Item Unit Qty Unit Cost Total Cost Donated Materials
Site Demolition & Preparation
Erosion Control LF 262 $7.50 $1,965.00
Gravel Tracking Pad (20' x 40') EA 1 $1,000.00 $1,000.00
Forest Clearing (inc. stump removal) LS 1 $5,500.00 $5,500.00
Selective Forest Clearing (grind stumps) AC 1.5 $2,000.00 $3,000.00
Strip topsoil & screen (6") CY 362 $7.00 $2,534.00
Earthwork/Rough Grading (1') LS 1 $11,844.00 $11,844.00
Earthwork/Grading Play Mounds (3') LS 1 $2,500.00 $2,500.00
Earthwork/Fine Grading (6") LS 1 $2,961.00 $2,961.00
Site Demolition Total $31,304.00
Planting & Seeding
Shade Trees EA 8 $750.00 $6,000.00
Shrubs EA 125 $50.00 $6,250.00
Dune Grass EA 150 $30.00 $4,500.00 $4,500.00
Planting & Seeding Total $16,750.00
Paving & Curbing
Gravel Base for Bit. Conc. Walk (8" thick) LS 1 $2,200.00 $2,200.00
Gravel Base for Bit. Conc. Road (12" thick) LS 1 $16,000.00 $16,000.00
Bit. Conc. Paving Walk (2" thick) SY 467 $7.00 $3,269.00
Bit. Conc. Paving Drive (3" thick) SY 2,008 $10.50 $21,084.00
Granite Curb (parking & sand mounds) LF 725 $32.00 $23,200.00 $23,200.00
ADA Curb Cut EA 1 $450.00 $450.00
Parking Space Striping LF 288 $4.50 $1,296.00 $1,296.00
ADA Striping (2 spots & Aisle) LS 1 $220.00 $220.00 $220.00
Bit. Conc. Plaza (3" thick) SY 739 $10.50 $7,759.50
Concrete pad @ 6 benches SF 72 $6.50 $468.00
Gravel Maintenance Drives LS 1 $2,500.00 $2,500.00
Rip Rap Aprons (gravel 1' depth) LS 1 $500.00 $500.00
Stone drywells ( gravel 2' depth) EA 2 $75.00 $150.00
Ricestone surfacing (4" deep) CY 475 $55.00 $26,125.00
Wood chip & bark mulch surfacing (3" deep) SF 37,557 $0.75 $28,167.75
Paving & Curbing Total $133,389.25
September 18, 2019
Site Furnishings
Dog Drinking / Water Station EA 2 $2,880.00 $5,760.00
2" HDPE Water Pipe LF 448 $10.00 $4,480.00 $4,480.00
Hose Bib @ Maintenance Gate EA 1 $200.00 $200.00 $200.00
Entrance Sign/Kiosk/ Park Rules EA 1 $2,500.00 $2,500.00
Waste Stations (Dogipot) EA 2 $250.00 $500.00
ADA sign and posts (12"x18") EA 2 $240.00 $480.00
Benches 6' (steel) EA 6 $1,400.00 $8,400.00
Benches 8' (steel) EA 2 $1,600.00 $3,200.00
Chain Link Fence, 5' High LF 1,397 $36.00 $50,292.00
Chain Link Gate, 4' Wide EA 2 $850.00 $1,700.00
Maintenance & Entrance Gate, 10' Wide EA 3 $1,700.00 $5,100.00
Boulders EA 12 $140.00 $1,680.00 $1,680.00
Place boulders LS 1 $1,000.00 $1,000.00 $1,000.00
Wood Platform & Ramp LS 1 $1,000.00 $1,000.00
Irrigation system LS 1 $10,000.00 $10,000.00
Site Improvements Total $96,292.00
$277,735.25 $241,159.25
Construction Contingency (8%)$22,218.82
Soft Costs
Clerk of the Works LS 1 $6,500.00 $6,500.00
Construction Observation LS 1 $4,800.00 $4,800.00
PROJECT TOTAL $311,254.07
PROJECT BASE BID
* This opinion of probable cost is NOT a guaranteed amount, and may vary due to uncontrollable fluctuations in labor prices and material prices.
The amount shown is based upon our professional judgement, and current-year pricing for similar work in the region of the project. The opinion of
probable cost reflects hard costs, not soft costs such as contingency, insurance, and escalation.
Appendix B
Letters of Support
Letter of Support from Daniel and Armano Beltran, 64 Crescent Ln
Daniel & Armando Beltran
21 Meadowpark Avenue South
Stamford, CT 06905
203-322-4960
November 20, 2018
Ms. Ellen Bearse
Director of Recreation
Town of Brewster, MA
Dear Ms. Bearse:
We are writing this letter to you in support of the dog park to be built behind
the police station in town. We bought a home in Brewster 2 years ago which
we plan to move into in 2 years’ time. At the time that we bought, we
inadvertently thought that Drummer Boy was a dog park. It was not until
afterwards that we realized our mistake, and we were highly disappointed.
During the ensuing two years we have been incredibly vigilant of the progress
of the dog park development committee. We must, sadly, admit that we were
taken aback by the vitriolic response of some members of our future home
community against the park. It truly gave us pause as to our decision to move
to Brewster.
This past year, the herculean efforts of the committee have once again
fortified us and our choice of future home. We believe that the location is
perfect (we visited the location while we were there a few months ago.) And
the fact that the Stanton Foundation is potentially funding most of the
construction is amazing. We implore you to please assure that this project
comes to fruition.
We want to thank all of the members of the committee, Cindy Bingham, and
Mary Chaffee for their ongoing support to the committee and the project. If
there is anything else that we can do to help this project, please do not
hesitate in contacting us directly.
PS- The address for our home in Brewster is:
64 Crescent Lane
Sincerely,
Daniel & Armando
Letter from Mary Chaffee, PhD, JD, RN, FAAN
Nov. 29, 2018
To the Brewster Community Preservation Committee,
I’m writing to urge you to support the Dog Park Development Committee’s application for funds that are
essential to complete construction on the town dog park.
Our community has waited a long time for a safe, well-designed off-leash dog park. The Dog Park
Development Committee has worked tirelessly for more than five years to find a suitable location.
Brewster is fortunate to have received $25,000 in grant funding from the Stanton Foundation, an entity
that funds the construction of dog parks only in Massachusetts. The Dog Park Development Committee
is optimistic about the Town’s chances of receiving a $225,000 construction grant. The Stanton
Foundation’s philosophy is that a municipality must be willing to contribute 10% of the park’s
construction cost – thus CPC funding is essential to cover the cost of that 10%.
Many Brewster residents and visitors share their lives with dogs – and our dog park will be a wonderful
community asset. Please support this application that will help create that asset.
Sincerely,
Mary Chaffee, PhD, JD, RN, FAAN
Brewster Select Board
1554 Main Street, Brewster, MA 02631
13
Letter of Support from Cathy Chamberlain
November 13, 2018
Dear Community Preservation Committee,
I am writing to tell you how thrilled I am that Brewster will be acquiring a dog park. It has been a long while
since we have had a neutral place to bring our dogs to exercise off leash and socialize with other canines
while we dog owners do the same. I used to drive my mother-in-law to Drummer Boy Park just to sit and
watch dogs of all different shapes and sizes. She loved it and looked forward to our visits.
Just like a children’s playground a dog park is a place to meet new friends, develop skills, and learn
appropriate behaviors all the while the stimulation wears them out and a tired dog is a good dog. Noise from a
dog park is rarely if ever excessive. Since dogs are in a neutral area they are not barking to defend their
territory or to alert of visitors.
Brewster does not allow dogs on the beaches or fresh water ponds except at the state park during the
summer. A dog park is a wonderful option to offer people who want get out and enjoy the seasonal
weather. It would be great if a splash pad or a way to cool off was included in the design.
Along with the design and building costs the town will incur, there will be ongoing maintenance. I would like to
suggest imposing an annual fee either attached to the annual license or add a separate permit, to help offset
those costs.
Events for dogs and their people could be held at the park, Training or agility clinics could be organized as
well as dog Pawties, costume contests for Howl-o-ween, Dogtoberfest or Howliday parties. Proceeds from
events would go back to the park.
Brewster needs to offer a wide range of activities to its residents and visitors in order to continue to be a
desirable place to live or visit. It is important to remember many families include not only children but pets as
members. A dog park if designed well and effectively maintained will be another desirable asset. It would be
great to know we are a year round dog friendly community.
Warm regards,
Cathy Chamberlain
14
Letter of Support from Gail Griffin
I would just like to voice my approval of the dog park that is planned for Brewster. I currently need to go
to other communities like Dennis to find a space for my yellow lab to play and be with other dogs. There
are many other Brewster residents in my situation. Looking forward to seeing this actually happen.
Thank you.
Gail Griffin
Derby Ln.
15
Letter of Support from Ellie and Peter Johnson
Community Preservation Committee
We write in support of the proposed Brewster Dog Park.
We do not have a dog; we’re cat people. However, we have seen the benefit to dogs and their owners
having a safe and attractive space to exercise and socialize. We believe the proposed park is well designed
and will be a recreational asset to citizens and visitors alike.
Our appreciation goes to the Brewster Dog Park Committee who have invested years to bring us to this point.
It is time for a dog park in Brewster!
We respectfully urge your funding support.
Thank you,
Ellie & Peter Johnson
909 Stony Brook Road
Brewster, MA
16
Letter from Betsy McStay, DVM
Ellen Bearse, Director
Brewster Recreation Commission
Dear Director Bearse,
I am writing at this time to request the Brewster Recreation Commission's endorsement to fund the
Brewster Dog Park with Community Preservation Committee funds.
In this day and age, few things bring people together in person. Dog parks are one of those remaining
places for old-fashioned connected interaction for people! It's also a very visible way for taxpayers to see
the value in town works and to show off to other towns.
Dog parks have a history of being the most utilized of public recreational spaces, more than ball fields or
parks. Brewster residents of all ages and their dogs would be able to participate. Brewster residents, with
over 1100 licensed dogs, and visitors to Brewster would be able to enjoy their pets in an enclosed, safe
environment. Dogs, particularly younger dogs, require regular exercise and socialization. During the
summer months, when dogs are not allowed free run at the beaches, flats, and ponds, is a time when
Brewster residents and visitors must travel to other towns since the on-leash restrictions were
promulgated at Drummer Boy Park.
Thank you,
Betsy McStay, DVM
Brewster Veterinary Hospital
Letter of Support from Carmen S. Scherzo
Ellen Bearse, Director
Brewster Recreation Commission
Dear Director Bearse,
I am writing at this time to request the Brewster Recreation Commission's endorsement to fund the
Brewster Dog Park with Community Preservation Committee funds. I would give the Community
Preservation Committee funding of the proposed Brewster Dog Park the highest priority.
Dog parks have a history of being the most utilized of public recreational spaces, more than ball fields
or parks. Brewster residents of all ages and their dogs would be able to participate. Brewster residents,
with over 1100 licensed dogs, and visitors to Brewster would be able to enjoy their pets in an enclosed,
safe environment. Dogs, particularly younger dogs, require regular exercise and socialization. During
the summer months, when dogs are not allowed free run at the beaches, flats, and ponds, is a time
when Brewster residents and visitors must travel to other towns since the on-leash restrictions were
promulgated at Drummer Boy Park.
I cannot think of a better use of municipal funds since there is a probable nine fold match from the
Stanton Foundation. One Brewster dollar becomes ten Brewster dollars.
As a veterinarian of over 40 years experience I have realized that this is a people's world, but our pets play
a very important part in our quality of life. A dog park in Brewster improves our quality of life.
Please contact me if I can be of further help,
Carmen
Carmen S. Scherzo, DVM
Chairman, Brewster Board of Health
18
November 29, 2018
Ellen Bearse, Director
Brewster Recreation Commission
Dear Director Bearse,
We’re writing to express our support for the proposed Brewster Dog Park and to encourage the Brewster Recreation
Commission's endorsement to fund the Park with Community Preservation Committee funds.
Dog parks are one of the fastest-growing segments of municipal parks, according to an April 2015 report from the Trust for
Public Land. The benefits of dog parks for communities are numerous and have been well-documented. They give people of all
ages an opportunity to congregate and socialize. Studies have shown that dogs break down normal communication barriers
between humans, helping form social connections that are actually good for long-term health. Parks give dogs a safe space to
get exercise and socialization with other dogs – a key component for their health and well-being.
The park also creates opportunities to educate the public about responsible dog ownership. Through signage, etiquette
workshops, and increased socialization, dog parks create better dog owners. The park may also lead to better compliance of
the leash laws, particularly at the town beaches.
Several local towns have successfully created dog parks, including Provincetown, Dennis, Barnstable and Mashpee. Having
visited all of these and seeing many other Brewster residents and their dogs also enjoying them, it’s clear that a park in
Brewster would flourish. The gift from The Stanton Foundation is a tremendous resource for this town and makes now the right
time to move forward with the park.
Our business, Agway of Cape Cod, is passionate about encouraging responsible dog ownership and we’re committed to
supporting the park in multiple facets. We’re prepared to donate or heavily discount many needed components, including
Mutt Mitts, benches, plants, mulch and other items necessary for the building and long-term sustainability of the park.
As residents of Brewster, owners of a pet supply business, and dog owners, we hope the town will seize this opportunity to
improve the quality of life for Brewster residents and its dogs.
Thank you for your consideration of this important matter.
Sincerely,
Jessica Wile Thomas, Co-Owner
Joshua Wile, Co-Owner
Susan Wile, Former Owner
Peter Wile, Former Owner
Agway of Cape Cod
PO BOX 1129
SOUTH DENNIS, MA 02660
(508) 385-4321
INFO@AGWAYCAPECOD.COM
3. Dog Park-
From: Shirin Everett
Sent: Monday, January 4, 2021 10:35 AM
To: 'Faythe Ellis'
Cc: 'Peter Lombardi'; Jonathan Silverstein; 'Beth Devine'
Subject: Brewster Dog Park Application Legal
Good Morning Faythe,
Yes, the CPC may rely on the attached 2019 opinion (on whether CPA funds may be used for the
creation of the dog park) to grant funds to the Brewster Dog Park Development Committee under this new
application.
Shirin
Shirin Everett, Esq.
KP |LAW
From: Shirin Everett <SEverett@k-plaw.com<mailto:SEverett@k-plaw.com>>
Subject: Brewster: Legal opinions- CPC funding applications
Date: January 1, 2019 at 5:34 PM EST
Hello Paul,
You have requested an opinion as to whether the Community Preservation Committee (the
"CPC") may grant funds under G.L. c. 44B, the Community Preservation Act ("CPA"), for the
construction of a dog park on a portion of the Town-owned police station property located at
631 Harwich Road (the "Project"). The Brewster Dog Park Development Committee (the
"DPDC"), a committee established by the Select Board, requests $50,300 in CPA funds to cover
about 20% of the cost of constructing the dog park, which Project includes site work to bring
the property to grade, the creation of adequate parking adjacent to the dog park, the purchase
and installation of fencing around the dog park and benches, signs, and waste receptacles, and
other related work more fully described in the DPDC's application to the CPC. DPDC has been
awarded funds in the amount of $25,000 from the Stanton Foundation to design the dog park,
and has applied or will apply for an additional $225,000 from the Stanton Foundation to
construct the Project. In my opinion, it would be reasonable for the CPC to conclude that the
Project is eligible for funding under the CPA because the Project will create land for recreational
use.
As you are aware, CPA funds may be used only for the specific purposes authorized by
statute. Pursuant to G.L. c.44B, §5, CPA funds may be used “for the acquisition, creation,
preservation, rehabilitation and restoration of land for recreational use”. The phrase
“recreational use” is defined in G.L. c.44B, §2 as “active or passive recreational use including,
but not limited to, the use of land for community gardens, trails, and noncommercial youth and
adult sports, and the use of land as a park, playground or athletic field...[but] shall not include
horse or dog racing….” The CPA does not expressly permit or prohibit dog parks. Although the
CPA does not define the word “park”, the word is used in case law
expansively. In Cohen v. Lynn, 33 Mass.App.Ct. 271, 278 (1992), a public charitable trust case,
the Court held, in relevant part, that “the term ‘park’ usually signifies an open or inclosed tract
of land set apart for recreation and enjoyment of the public; or, ‘in the general acceptance of
the term, a public park is said to be a tract of land, great or small, dedicated and maintained for
the purposes of pleasure, exercise, amusement, or ornament; a place to which the public at
large may resort to for recreation, air, and light’” (citations omitted). In my opinion, the use of
CPA funds to create a dog park is eligible under the CPA as it provides recreational
opportunities not only for the dogs, but also for their owners and the public at large, whose
enjoyment of the outdoors may be enhanced by the social interaction of people and pets.
As you know, the CPA states that when the Town acquires land for the purposes set forth in the
CPA, the Town is required to protect the land for such purposes by imposing a permanent
restriction on such land. The word “acquisition” is defined in the CPA as referring to the
purchase, lease or the acquisition by other means of an interest in land. It is my understanding
that the Town purchased the property at 631 Harwich Road in 1995 for general municipal
purposes, not for CPA purposes and not with CPA funds. In my opinion, the Town is not
required by the CPA to grant a third party a restriction on the dog park, although the Town may
wish to have Town Meeting vote to dedicate the portion of the property on which the dog park
will be constructed to recreational uses.
You also asked guidance as to how the CPC may distinguish between “active” and “passive”
recreation. For purposes of this opinion, an explanation would not change the determination
as to whether the Project is eligible for funding under the CPA, as “recreation” is defined in the
CPA as including both passive recreation and active recreation. However, generally speaking,
the difference between passive and active recreation depends, in my opinion, on the nature
and extent of changes that are made to land to accommodate it for the uses to which the land
is put, rather than the activities that are conducted on such land. For example, open space and
conservation land is typically associated with passive recreation, meaning land that is left in its
relatively natural or undisturbed condition and on which activities such as jogging, biking and
skiing are permitted, whereas land that is graded, irrigated, improved and/or paved into playing
or athletic fields or playgrounds with equipment is typically considered to be land for active
recreation. Of course, there may be instances where the difference between active and passive
recreation is not clear. As you know, the CPA defines “open space” as including “land for
recreational use”, and defines “land for recreational use” as including both passive and active
recreation. A tennis or basketball court, for example, is land for active recreational use, and,
although the CPA provides that “open space” includes “land for recreational use,” it is my
opinion that a tennis or basketball court would not be considered open space land.
Please let me if you have any further questions regarding the foregoing matters, and all the
best for the new year!
Shirin
Shirin Everett, Esq.
KP / LAW
101 Arch Street, 12th Floor
Boston, MA 02110
O: (617) 654 1731
F: (617) 654 1735
severett@k-plaw.com
www.k-plaw.com
From: Peter Lombardi
Sent: Tuesday, January 5, 2021 10:23 AM
To: Faythe Ellis
Cc: Tom Lincoln; Sharon Marotti
Subject: RE: Additional information request/Dog Park Application
Hi Faythe,
Attached are copies of the (line item) bid results from Fall 2019. 3 of the 4 bids (base bid plus all
alternates) came in between $505k-$510k. The $525k budget cited in our application this year includes
a small contingency of less than 5% based on our most recent bid results. I have also attached the
project specifications from last fall that outline what was included in the base bid as well as details on
the 9 alternatives we included (all items included in the original scope of work from the previous spring).
As you can see, the base bids last fall came in at $425k-$438k.
Also attached are the (lump sum) bid results from Spring 2019. These specifications included all items in
the base bid plus alternates from Fall 2019. The low bid that first time was $467k – the 2 other bids
were $500+k.
Proposed funding sources are as follows:
1.Stanton Foundation $225k
2.FOBDP $50k
3.CPC $300k (net $250k, after FOBDP pledges are converted to donations post-Town Meeting
vote)
Please let us know if your members have any other questions.
Thanks,
Peter
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Effective December 22, 2020, until at least January 10, 2021:
Based on current public health data, Brewster Town Offices will be CLOSED TO THE PUBLIC. Town
Administration staff are working remotely, and will continue to respond to phone messages and email
communications promptly. If you need assistance, please call (508) 896-3701 or email
plombardi@brewster-ma.gov.For the latest updates on Town services, please visit www.brewster-
ma.gov.Thank you for your continued understanding and cooperation.
695 Harwich Road
Brewster, MA 02631
January 4,2021
Faythe Ellis, Chair
Com munity Preservation
and
mittee and Committee Members
MichaelGradone,Director, Town of Brewster
I am writing to express support for the dog park in Brewster. We have pledged funding for this
project and plan to make a donation. We moved here from a location out west with a
remarkable dog part with ng and a covered sitting area. This park was so important for our dog to
socialize and exercise. lt equally important to us as it provided a safe setting to meet other dog
lovers and socialize safely.
Brewster has wonderful
well as an excellent coffee
amazing beaches, a great golf course and the lovely Drummer Boy Park as
p with outdoor venues- all of which are safe spots for socially distant
connections with other . A dog park would be an amazing complementary asset for people with a
love of dogs and interested socializing outside with people who have similar interests.
approval of this project and any funding that can be made available.
520-404-73L5
Mvh nda
Cc: Friends of Brewster Park, Inc.
Dog Park Comments submitted to cpcmeeting@brewster-ma.gov
-----Original Message-----
From: Barbara Bradley [mailto:capebradley@aol.com]
Sent: Saturday, December 19, 2020 4:47 PM
To: cpcmeeting <cpcmeeting@brewster-ma.gov>
Subject: Brewster Dog Park
To the Community Preservation Committee:
Please support the building of a dog park in Brewster. Many Cape Cod towns now have dog parks and
yet here we sit, still waiting for Brewster to support the idea.
The Dog Park committee has worked tirelessly to build a dog park. There are many Brewster citizens
with dogs. Older citizens in particular need a place to exercise their dogs safely.
Please, no more delay. Do the right thing. Build Brewster a Dog Park!
Barbara Bradley
Sharon Blair
101 Old Valley Road
Brewster, MA
-----Original Message-----
From: majdebj@aol.com [mailto:majdebj@aol.com]
Sent: Sunday, December 20, 2020 6:41 AM
To: cpcmeeting <cpcmeeting@brewster-ma.gov>
Subject: Dog park
Brewster needs a dog park.
It will be good for animals and owners and helpful to Renters with pets Deborah and Martin jacobs
Residents of Brewster
From: Briana Kane [mailto:bcbkane@yahoo.com]
Sent: Tuesday, December 22, 2020 10:32 AM
To: cpcmeeting <cpcmeeting@brewster-ma.gov>; Michael Gradone <mgradone@brewster-ma.gov>
Subject: Brewster Dog Park Letter of Support
Dear Town of Brewster Recreation Department and Community Preservation
Committee,
I am writing to express my support of the proposed Brewster Dog Park.
Years ago I would bring my dog to Drummer Boy Park. This was not only a good
socialization experience for my dog, it was also a great experience to socialize with
other people in our town and even some who traveled from other towns to enjoy time in
Brewster and even support local retail when they did drive to the park. I met so many
lovely people, especially many seniors who loved talking about their dog, spending time
outside, and seeing people. While the Drummer Boy ended up being closed to dogs in
the way the park was used prior to 2013, it was unfortunate to drive by it so many times
and see it not being used. Additionally dogs are not allowed on public beaches from
May 1st to October 1st, further limiting locations for people to bring their dogs.
While I am fortunate and have a fenced in yard, many do not and a dog park would
allow them a place to truly let their dog be off leash and socialize with other dogs.
Best,
Briana C. Kane
436 Millstone Road
Brewster, MA 02631
From: Tova Soyt
Sent: Wednesday, December 23, 2020 8:53 AM
To: cpcmeeting@brewster-ma.gov
Subject: Brewster Dog Park
Dear Ms. Ellis,
I am writing in support of the proposed Brewster Dog Park, and their application for a community
preservation grant to assist in construction of the park. With approximately 25% of Brewster families
having a dog at home, and limited opportunities for dogs to exercise, play, and socialize off-leash, the
Dog Park would enhance the quality of life for many residents and their canine companions in town.
The Dog Park Committee has worked hard over the last few years to secure funds for building the park;
they have also obtained donated services for waste removal, thus no new taxes for construction or
maintenance would be required.
I strongly urge the Community Preservation Commission to provide the funds requested to build the dog
park.
Thank you,
Tova Soyt
91 Carlton Circle
From: Martha Kim [mailto:mkim7152@yahoo.com]
Sent: Tuesday, January 5, 2021 2:01 PM
To: cpcmeeting <cpcmeeting@brewster-ma.gov>
Subject: Brewster Dog Park
Please consider the many advantages of having a dog park in Brewster.
Martha Kim
From: Andrew Cranin
Sent: Tuesday, January 5, 2021 4:04 PM
To: cpcmeeting@brewster-ma.gov
Cc: Bonnie Cranin
Subject: In support of the Brewster Dog Park project
Dear CPC Members:
I am writing to express my support for the construction of the Brewster Dog Park that has been under
consideration for over a decade. I believe there would be tremendous social and recreational value in
designating a venue expressly for the congregation of dogs and their owners, and I would be delighted if
Brewster residents had a locale dedicated to such use within their own town. With much of the expense
of this project being covered by third parties, it seems there would be little cost to the town for a service
that will benefit a full 25% of residents.
Please consider this and similar endorsements when discussing the potential impact of the BDP
proposal.
Thank you, and best regards,
Andrew and Bonnie Cranin
95 Cliff Pond Road
Brewster, ma 02631
978-204-0004 (mobile)
From: Ann Lambertus
Sent: Friday, January 8, 2021 12:04 PM
To: cpcmeeting@brewster-ma.gov; mgradone@brewster-ma.gov
Cc: friendsofbrewsterdogpark@gmail.com
Subject: Brewster Dog Park
To: the Brewster Recreation Commission and Community Preservation Committee
I am writing in support of the Brewster Dog Park. We have been part-time Brewster residents for the
past 25 years. We currently own 3 dogs and I am the Founder/Director of a foster-based breed rescue
based in Massachusetts, Northeast Coonhound Rescue. We spend a lot of time with people and their
dogs.
A dog park in Brewster will be a valuable asset to the community because it offers:
- A place to network, to share information about training, dog health and behavior issues, contributing
to a community of better educated and informed dog owners.
- An alternate and safe spot for Brewster dogs to have an outing, taking pressure off of Brewster
beaches, trails and other public areas.
- A place for dog owners to gather and socialize. Some of my best friends over the years have been
people I've met through dog connections.
- A place for dogs to exercise. 'A tired dog is a good dog'. Better exercised dogs are happier, less
anxious, less likely to nuisance bark and be destructive.
- A place for dogs to socialize. Dogs are social animals, but they need a place to practice their social
skills. An off-leash fenced area is best because when leashed, dogs meeting other dogs can be defensive
and not at their best.
The Brewster Dog Park plan will offer a beautiful and functional space. It's well-thought out and plans
for funding are in place. There are many Brewster residents who are ready to step up with funding for
dog park development and maintenance and I am one of them.
We look forward to the construction of the Brewster Dog Park !
Ann Lambertus
577 Crowells Bog Rd
Brewster MA 02631
Name of BIDDER Base Bid Deduct 1 Add 2 Add 3 Add 4 Add 5 Add 6 Add 7 Add 8 Add 9
1- Cassidy Landscape 553021.76 -9779 16250 5500 6000 10000 12500 13000 26250 12000
Subtotal 553021.76 562800.76 579050.76 584550.76 590550.76 600550.76 613051 626050.76 652300.76 664300.76
2- Sciaba Co.438200 0 6000 5000 4000 8000 5000 9000 18000 12000
Subtotal 438200 438200 444200 449200 453200 461200 466200 475200 493200 505200
3-MCE Dirtworks 432529.63 2794 8400 1440 600 2500 25000 8000 14400 12000 75134
Subtotal 432529.63 435323.63 443723.63 445163.63 445763.63 448263.63 473264 481263.63 495663.63 507663.63
4-Dandel Const.425584.7 27940 6000 3700 2600 9000 20000 7200 1800 5200 83440
Subtotal 425584.7 453524.7 459524.7 463224.7 465824.7 474824.7 494825 502024.7 503824.7 509024.7
6' Fence Water Station Signage Dogipots Shade trees Shrubs Benches 8'Benches 6'Platform
TOWN OF BREWSTER, MASSACHUSETTS
CONTRACT DOCUMENTS
FOR
Brewster Dog Park
September 25, 2019
Town of Brewster
Brewster Town Hall
2198 Main Street
Brewster, MA 02631
TABLE OF CONTENTS
Section Number
Bidding and Contract Requirements
Invitation to Bid 00020
Instructions to Bidders 00100
Form of General Bid 00300
Agreement 00500
Construction Performance Bond 00610
Construction Payment Bond 00620
General Conditions 00700
Supplemental Conditions 00800
Excerpts from Applicable State Law 00850
Specifications 00900
Attachment A – Wage Rates
Attachment B- Notice of Award
Attachment C- Notice to Proceed
Attachment D- Change Order Form
SECTION 00020
INVITATION FOR BIDS
Sealed bids for the construction of a dog park, including fencing, paving, concrete flatwork, water
service and plantings the will be received at the Office of the Town Administrator, Brewster Town Hall,
2198 Main St., Brewster, MA 02631 until the time specified below at which time the bids will be publicly
opened and read.
Specifications and bid forms may be obtained at the Office of the Town Administrator Monday
through Friday between 8:30 a.m. and 4:00 p.m or by email request to Donna Kalinick,
dkalinick@brewster-ma.gov.
Bids will be opened in the Office of the Town Administrator on October 25, 2019, at11:00AM . Each Bid must be accompanied by a bid security consisting of a BID BOND, CASH,or, CERTIFIED CHECK issued by a responsible bank or trust company in the amount of 5% ofthe bid price.
Pre-Bid Conference and Site Visit will be held at the proposed site located at 631 Harwich Road,
Brewster, MA 02631 on October 15, 2019 at 10:00 a.m. It is imperative that all prospective bidders have
a representative in attendance.
A performance bond in an amount equal to 100 percent of the total amount of the contract price
with a surety company qualified to do business in the Commonwealth of Massachusetts will be required
for the faithful performance of the contract, as well as a labor and materials bond in an amount equal to
100 percent of the total contract price.
All bids for this project are subject to applicable public bidding laws of Massachusetts, including,
but not limited to G.L. c.30, §39M.
Attention is directed to the minimum wage rates to be paid as determined by the Commissioner of
Labor and Workforce Development and the weekly payroll record submittal requirements under the
provisions of Massachusetts General Laws, Chapter 149, Section 26 through 27D inclusive.
Selection of the contractor will be based upon bidder qualifications, including evidence of past
performance in similar projects, and bid price. The contract will be awarded to the bidder deemed by the
awarding authority to be the lowest responsible and eligible bidder.
The bidder agrees that its bid shall be good and may not be withdrawn for a period of 30 days,
Saturdays, Sundays and legal holidays excluded, after the opening of the bids. The bidder also
understands that final contract award is subject to an affirmative Town Meeting vote.
The Town reserves the right to waive any informalities, to accept or reject, in whole or in part any
or all bids, or take whatever other action may be deemed to be in the best interest of the Town.
The Town of Brewster
By: Peter Lombardi, Town Administrator
SECTION 00100
INSTRUCTIONS TO BIDDERS
1. Receipt and Opening of Bids
The Town of Brewster, Massachusetts, herein called the Owner, acting by and through its
Town Administrator, will receive sealed Bids for the project known as the
Project.
General bids shall be addressed to the Office of the Town Administrator, Brewster Town
Hall, 2198 Main St. Brewster, MA 02631 and endorsed "Bid for Brewster Dog Park
Project” (Project) will be received at the Office of the Town Administrator until 11:00
p.m. prevailing time, on October 25, 2019 at which time and place said bids will be
publicly opened and read aloud.
Any bid may be withdrawn prior to the above scheduled time for the opening of bids or
authorized postponement thereof. Any bid received after the time and date specified will
not be considered. The bidder agrees that its bid shall be good and may not be withdrawn
for a period of 30 days, Saturdays, Sundays, and legal holidays excluded, after the
opening of bids.
2. Location and Work to be Done
The Work consists of new fencing, concrete flatwork, paving, a water service connection
and plantings, and all work incidental thereto, in accordance with the Specifications and
conceptual plans attached hereto.
Additional drawings showing details in accordance with which the Work is to be done
may be furnished by addendum from time to time during the bidding period by the
Owner or its Architect/Engineer, and shall then become a part of the Contract
Documents.
The Contractor shall furnish all labor, services, materials, equipment, plant, machinery,
apparatus, appliances, tools, supplies, and all other things necessary to do all work
required for the completion of each item of the Work and as herein specified.
The Work to be done and paid for under any item 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 that item.
3. Preparation of Bid
Each bid must be submitted on the prescribed form. All blank spaces for bid prices must
filled in, in ink or typewritten, in both words and figures.
Brewster Dog Park
Brewster, Massachusetts00100
Each bid must be submitted in a sealed envelope bearing on the outside the name of the
bidder, his address, and endorsed with the name of the project as specified in Receipt and
Opening of Bids, above. If forwarded by mail, the sealed envelope containing the bid
must be enclosed in another envelope addressed as specified in Receipt and Opening of
Bids, above.
4. Bid Opening Procedure
The following list of requirements shall apply to each filed bid. Bids not meeting all the
requirements for timeliness and security will be rejected; bids not meeting signature and
addenda requirements will be rejected prior to checking of bid amounts.
Bids shall be filed at the place and before the time specified in Receipt and Opening of
Bids, above.
Properly executed bid security shall be placed in a sealed envelope and shall be attached
to the outside of the envelope containing the bid.
Bid signatures will be checked.
All addenda will be e-mailed or mailed to all prospective bidders. All bidders shall
include with their bids the written acknowledgment form provided in Section 00300,
FORM OF GENERAL BID.
The total dollar amount of each bid will be read, and the three apparent lowest bids will
be selected for further consideration. These three apparent low bids will be read aloud
for the benefit of the other bidders and the bid opening procedure will be closed. All
those present at the bid opening may examine all bids after the bid opening and after the
reading of the three apparent low bids.
5. Modification
Any bidder may modify his bid by written communication at any time prior to the
scheduled closing time for receipt of bids. Any telegraphic communication must be
received by the Owner prior to the closing time, and, provided further, the Owner must be
satisfied that a written confirmation of the telegraphic modification over the signature of
the bidder was mailed prior to the closing time. If written confirmation is not received
within two days from the closing time, no consideration will be given to a telegraphic
communication.
The communication shall not reveal the bid price but shall provide the addition or
subtraction or other modification so that the final prices or terms will not be known b y
the Owner until the sealed bid is opened.
6. Ability and Experience of Bidder
No award will be made to any bidder who cannot satisfy the Owner that he has sufficient
ability and experience in this class of work and sufficient capital and plant to enable him
Brewster Dog Park
Brewster, Massachusetts00100
to prosecute and complete the work successfully within the time named. The Owner's
decision or judgment on these matters will be final, conclusive, and binding.
The Owner may make such investigations as it deems necessary, and the bidder shall
furnish to the Owner, under oath if so required, all such information and data for this
purpose as the Owner may request.
7. Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the construction
of the project and the employment of labor thereon. Failure to do so will not relieve a
successful bidder of his obligation to furnish all material and labor necessary to carry out
the provisions of his contract. Insofar as possible the Contractor, in carrying out his
work, must employ such methods or means as will not cause any interruption of or
interference with the work of any other Contractor.
8. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications or other prebid documents
will be made to any bidder orall y. All information given to bidders other than by means
of the plans, specifications, or by addenda, as described below, is given informally and
shall not be used as the basis of a claim against the Owner.
Every request for such interpretation should be in writing addressed to Donna Kalinick at
dkalinick@brewster-ma.gov or by mail at Town Hall, 2198 Main Street, Brewster, MA
02631, and to be given consideration must be received at least seven (7) days prior to the
date fixed for the opening of bids. Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the specifications which, when
issued, will be e-mailed or mailed to all prospective bidders (at the respective address
furnished by them for such purposes). Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the Contract Documents.
9. Security for Faithful Performance
Simultaneously with his delivery of the executed Contract, the Contractor shall furnish a
surety bond or bonds as security for faithful performance of this contract and for the
payment of all persons performing labor and materials under this contract. The surety on
such bond or bonds shall be a surety company qualified to do business under the laws of
the Commonwealth and satisfactory to the Owner. The bonds shall remain in force for
one year after final acceptance of the work by the Owner, unless the Owner, in writing,
releases the Contractor from the obligation sooner.
10. Power of Attorney
Attorneys-in-fact who sign Contract bonds must file with each bond a certified and
effectively dated copy of their power of attorney.
Brewster Dog Park
Brewster, Massachusetts00100
11. Laws and Regulations
The bidder's attention is directed to the fact that all applicable State laws, municipal
ordinances or bylaws, and the rules and regulations of all authorities having jurisdiction
over construction of the project shall apply to the contract throughout, and they will be
deemed to be included in the Contract the same as though written out in full.
12. Liquidated Damages for Failure to Enter into Contract
The successful bidder, upon his failure or refusal to execute and deliver the Contract and
bonds required within 10 days after presentation thereof by the Owner, shall forfeit to the
Owner, as liquidated damages for such failure or refusal, the security deposited with his/
her bid, but the amount forfeited shall not exceed the difference between his/her bid price
and the bid price of the next lowest responsible and eligible bidder. In case of death,
disability, bona fide clerical or mechanical error of a substantial nature, or other similar
unforeseen circumstances affecting the bidder, his/her bid deposit will be returned.
13. Obligation of Bidder
At the time of the opening of bids, each bidder will be presumed to have inspected the
site and to have read and to be thoroughly familiar with the Contract Documents
(including all addenda). The failure or omission of any bidder to examine any form,
instrument, or document shall in no way relieve any bidder from any obligation in respect
of his bid.
14. Information Not Guaranteed
All information given in the Contract Documents relating to subsurface and other
conditions, natural phenomena, existing pipes, and other structures is from the best
sources at present available to the Owner. All such information is furnished only for the
information and convenience of bidders and is not guaranteed.
It is agreed and understood that the Owner does not warrant or guarantee that the
subsurface or other conditions, natural phenomena, existing pipes, or other structures
encountered during construction will be the same as those indicated in the Contract
Documents. It is further agreed and understood that no bidder or Contractor shall use or
be entitled to use any of the information made available to him or obtained in any
examination made by him in any manner as a basis of or ground for any claim or demand
against the Owner or the Architect/Engineer, arising from or by reason of any variance
which may exist between the information made available and the actual subsurface or
other structures actually encountered during the construction work, except as may
otherwise be expressly provided for in the Contract Documents.
15. Bid Security
Each bid and sub-bid must be accompanied by bid securit y in the form of a certified
check, a bid bond, cash, or a treasurer's or cashier's check, payable to the Owner, in the
Brewster Dog Park
Brewster, Massachusetts00100
amount of five (5) percent of the value of the bid. Such security of general bidders will
be returned to all except the three lowest responsible and eligible bidders within five
days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids, and the
remaining securities will be returned promptly after the Owner and the accepted bidder
have executed the Contract, or if no notice of intent to award has been presented to the
selected contractor within 30 days, Saturdays, Sundays and holidays excluded, after the
date of the opening of bids, upon demand of the bidder at any time thereafter.
16. Right to Reject Bid
The Owner reserves the right to waive any informalities in bids and to reject any and all
bids, should the Owner deem it to be in the public interest to do so.
The Owner may also reject bids which in its sole judgment are either incomplete,
conditional, obscure or not responsive or which contain additions not called for, erasures
not properly initialed, alterations, or similar irregularities.
17. Time for Completion
The successful general bidder must agree to commence work within ten (10) days of the
date of the Notice to Proceed and to fully complete the project within the time limit stated
in Section 00300, FORM OF GENERAL BID. Construction period shall be between the
months of May – June or from October – November. No construction shall take place
summer months.
18. Comparison of Bids
Bids will be compared on the basis of prices set forth in the bid forms.
In the event that there is a discrepancy between the lump sum or unit prices written in
words and figures, the prices written in words will govern.
19. Award of Contract
The Contract will be awarded to "the lowest responsible and eligible bidder" pursuant to
General Laws Chapter 30, Section 39M, as amended. Award is also subject to to Town
Meeting approval. Such a bidder shall possess the skill, ability and integrity necessary for
the faithful performance of the work, shall be able to furnish labor that can work in
harmony with all other elements of labor employed, or to be employed, in the work, and
shall otherwise compl y with all applicable provisions of law. Contract award shall be
subject to availability of an appropriation for funding. This Contract is subject to
adequate financial appropriations in accordance with General Laws, Chapter 44, Section
31C for the project advertised. No order to the CONTRACTOR for a change in or
addition to the Work, whether in the form of a drawing, plan, detail, or any other written
instruction shall be deemed to have been given until the Brewster Town Accountant has
certified thereon that an appropriation in the amount of such order is available therefore,
unless it is a change order which the CONTRACTOR is willing to perform without any
increase in the contract price.
Brewster Dog Park
Brewster, Massachusetts00100
20. Statutes Regulating Competitive Bidding
Any bid which does not comply with the provisions of Massachusetts General Laws
Chapter 30, Section 39M, as amended, need not be accepted and the Owner may reject
every such bid.
21. Wage Rates
Prevailing Wage Rates as determined by the Commissioner of Department of Labor and
Workforce Development under the provision of the Massachusetts General Laws,
Chapter 149, Section 26 to 27G, as amended, apply to this project. It is the responsibility
of the bidder, before bid opening, to request any additional information on Prevailing
Wage Rates for those tradespeople who may be employed for the proposed work under
this contract.
22. Contractor Records
The Contractor shall comply with the provisions of Massachusetts General Laws, Chapter
30, Section 39R concerning Contractor records.
23. INSURANCE
The Contractor shall carry and continuously maintain until completion of the Contract,
insurance as specified in Agreement and in such form as shall protect him performing
work covered by this Contract, and the Town of Brewster and its employees, agents and
officials, from all claims an liability for damages for bodily injury, including accidental
death, and for property damage, which may arise from operations under this Contract.
The Town shall be named as an additional insured. The Contractor covenants and agrees
to hold the Town and its employees, agents and officials harmless from loss or damage
due to claims for bodily injury or death and/or property damage arising from, or in
connection with, operations under this Contract.
25. PROJECT MANAGER
The Owner may utilize the services of a project manager, whose duties shall be as set
forth in an Agreement for Project Manager Services. Berkshire Design Group Inc. is not
currently funded to perform construction oversight.
Brewster Dog Park
Brewster, Massachusetts00100
SECTION 00300
FORM OF GENERAL BID
Bid of __________________________________ (hereinafter called "Bidder")*
(____) a corporation, organized and existing under the laws of the state of
____________________
(____) a partnership
(____) a joint venture
(____) an individual
doing business as _____________________________________
To the City/Town of Brewster, Massachusetts (hereinafter called "Owner").
Gentlemen:
A) The undersigned Bidder, in compliance with your invitation for bids for the project
known as Construction of a Municipal Dog Park, having examined the plans and specifications
and related documents and the site of the proposed work, and being familiar with all of the
conditions surrounding the construction of the proposed project including the availability of
materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct
the project in accordance with the contract documents and the plans and specifications within the
time set forth below, and at the prices stated below. These prices are to cover all expenses
incurred in performing the work required under the contract documents, of which this bid is a
part.
The Bidder hereby agrees to commence work on or before the date to be specified in
written "Notice to Proceed" of the Owner, and to fully complete the project within 120
consecutive calendar days thereafter. The Bidder further agrees to pay as liquidated damages the
sum of ($1,000.00 ) Dollars for each consecutive calendar day thereafter that the work is not
complete as provided in the contract.
____________________
*Specify corporation, partnership or individual as applicable.
Brewster Dog Park
Brewster, Massachusetts00300-1
B) Bidder acknowledges receipt of and this bid includes the following addenda:
No. Dated:
No. Dated:
No. Dated:
No. Dated:
Brewster Dog Park
Brewster, Massachusetts00300-2
REQUIRED BID SUBMITTAL FORM
SCHEDULE OF PRICES – BASE BID
2019 BREWSTER DOG PARK PROJECT
ITEM NO. DESCRIPTION OF SCHEDULED ITEM UNIT PRICES Dollars
& Cents
BASE BID
ESTIMATED
QTY./UNIT OF
MEASURE
TOTAL PRICE Dollar Figure
TOTAL PRICE Written Words
$
1 Site Demolition & Preparation: Furnish,
install and maintain erosion and
sedimentation controls
$ 262 LF
$
1a Site Demolition & Preparation: Gravel Tracking Pad $ 1 EA
1b
(20’X40’)
Site Demolition & Preparation- Clearing &
Grubbing: Forest Clearing, incl. Stump
Removal
$
$ 1 LS
$
1c Site Demolition & Preparation-Clearing & Grubbing: $ 1.5 AC
Selective Forest Clearing (grind stumps)
1d Site Demolition & Preparation-Grading: Strip
Topsoil & Screen (6”)
1e Site Demolition & Preparation-Grading:
Earthwork/Rough Grading (1’)& Earthwork/Grading
Play Mounds (3”) & Earthwork/Fine Grading (6”)
$
$ 362 CY
$
$ 1 CY
1 Total
$Total for All Site Demolition &
Preparation: Section 1
2 Paving & Curbing: Gravel Base for Bit Conc. Walk
(8” thick) & Gravel Base for Bit. Conc. Road (12”
thick)
$
$ 1 CY
$
2a Paving & Curbing: Bit Conc. Paving Walk (2” thick) $ 467 SY
$
2b Paving & Curbing: Bit Conc. Plaza (3” thick) $ 739 SY
ITEM NO.DESCRIPTION OF SCHEDULED ITEM UNIT PRICES Dollars
& Cents
ESTIMATED
QTY./UNIT OF
MEASURE
TOTAL PRICE Dollar Figure
TOTAL PRICE Written Words
2c Paving & Curbing: ADA Curb Cut $1 EA
$
2d Paving & Curbing: Install Granite Curb (parking)$725 LF
$
2e Paving & Curbing: Concrete pad @ 6 benches $72 SF
$
2f Paving & Curbing: Gravel Maintenance Drives
& Rip Rap Aprons (gravel 1’ depth) & Stone
Drywells (gravel 2” depth)
$1 CY
$
2g Paving & Curbing: Rice Stone Surfacing (4” deep)$475 CY
$
2h Paving & Curbing: Wood Chip & bark mulch
surfacing (3” deep)$37,557 SF
$
2 Total Paving & Curbing Total: All Items Section 2
$
3 Site Furnishings: ADA sign and posts (12”X18”)$2 EA
3a Site Furnishings: Chain Link Fence, 5’ High $1,397 LF
$
3b Site Furnishings: Link Gate, 4’ Wide $2 EA
$
ITEM NO. DESCRIPTION OF SCHEDULED ITEM UNIT PRICES Dollars
& Cents
ESTIMATED
QTY./UNIT OF
MEASURE
TOTAL PRICE Dollar Figure
TOTAL PRICE Written Words
$
3c Site Furnishings: Maintenance & Entrance Gate, $ 3 EA
10’ Wide
$
3d Site Furnishings: Irrigation System $ 1 LS
$
3 Total Site Furnishings All Items: Section 3
BASE BID TOTAL: ALL ITEMS 1- 3
ALTERNATE ITEMS: PRICING
$
PRICE
SSubtotal of Lump
Sum Bid
$-
1 Deduct: Replace 3a Site furnishings: Chain Link ($ ) 1397 LF
Fence, 5’ High, Replace with 6’ high Subtotal:
$
2 Site Furnishings: Dog Drinking/Water Station $ 2 EA Subtotal:
$
3 Site Furnishings: Entrance Sign/Kiosk/Park Rules $ 1 EA Subtotal:
$
4 Site Furnishings: Waste Stations (Dogipot) $ 2 EA Subtotal:
$
5 Planting & Seeding: Shade Trees $ 8 EA
6 Planting & Seeding: Shrubs $ 125 EA
7 Benches 8’ Steel $ 2 EA
Subtotal:
$
Subtotal:
ALTERNATE PRICING
ITEM NO.DESCRIPTION OF SCHEDULED ITEM UNIT PRICES Dollars
& Cents
ESTIMATED
QTY./UNIT OF
MEASURE
TOTAL PRICE Dollar Figure
TOTAL PRICE Written Words
ADD ALTERNATES
8 Benches 6” Steel $6 EA
$
Subtotal:
9 Wood Platform & Ramp $1 EA
$
Subtotal:
SUBTOTAL ADD ALTERNATES (Items 1 through 9)$
Total of Bid with all Alternates:$
The above unit prices shall include all labor, materials, bailing, shoring, removal,
overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.
The Bidder understands that all bids for this project are subject to the applicable bidding
laws of the Commonwealth of Massachusetts, including General Laws Chapter 149 and
Chapter 30, Section 39M, as amended.
The Bidder understands that the Owner reserves the right to reject any or all bids and to
waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not
be withdrawn for a period of 30 days, Saturdays, Sundays and legal holidays excluded, after the
opening of bids. Within 10 days of receipt of the written notice of acceptance of this bid, the
Bidder will execute the formal Agreement set forth in Section 00500 CONTRACT.
Bid security is attached in the sum of five percent (5%) of the total bid in accordance
with the conditions of Section 00100 INSTRUCTIONS TO BIDDERS. The bid security may
become the property of the Owner in the event the contract and bond are not executed within the
time set forth above.
The selected Contractor shall furnish a performance bond and a payment bond in an
amount at least equal to one hundred percent (100%) of the contract price in accordance with
Section 00610 PERFORMANCE BOND, Section 00620 PAYMENT BOND, and as stipulated
in the contract.
The undersigned offers the following information as evidence of his qualifications to
perform the work as bid upon according to all the requirements of the plans and specifications.
1. Have been in business under present name for ____ years.
2. The names and addresses of all persons interested in the bid (if made b y a
partnership or corporation) as principals, are as follows:
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
(attach supplementary list if necessary)
Brewster Dog Park
Brewster, Massachusetts00300-3
3. The bidder is requested to state below what work of a similar character to that included in the proposed contract he has
done, and give references that will enable the Owner to judge his experience, skill and business standing (add
supplementary page if necessary).
Completion Project Contract Design Reference Telephone
Date Name Amount Engineer Name No.
a.__________________________________________________________________________________________
____________________________________________________________________________________________
b.__________________________________________________________________________________________
____________________________________________________________________________________________
c.__________________________________________________________________________________________
____________________________________________________________________________________________
d.__________________________________________________________________________________________
____________________________________________________________________________________________
e.__________________________________________________________________________________________
____________________________________________________________________________________________
f.__________________________________________________________________________________________
___________________________________________________________________________________________
Brewster Dog Park
Brewster, Massachusetts00300-4
Bank reference _____________________________________
(Name)
________________________________________
(Bank)
________________________________________
(Address)
________________________________________
(Telephone No.)
Pursuant to G.L. c.62C, §49A, I certify hereby in writing, under penalties of perjury, that
the within named Bidder/Contractor has complied with all laws of the commonwealth relating to
taxes, reporting of employees and contractors, and withholding and remitting of child support.
The undersigned Bidder hereby certifies under penalties of perjury, as follows: (1) that
he/she is able to furnish labor that can work in harmony with all other elements of labor
employed or to be employed in the work; (2) 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 (3) that all
employees to be employed in the work subject to this bid 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.
The undersigned certifies under 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 paragraph
the word “person” shall mean an y natural person, joint venture, partnership, corporation or other
business or legal entity.
The undersigned bidder hereby certifies, under pains and penalties of perjury, that the
foregoing bid is based upon the payment to laborers to be employed on the project of wages in an
amount no less that the applicable prevailing wage rates established for the project by the
Massachusetts Department of Labor and Workforce Development. The undersigned bidder
agrees to indemnify the awarding authority for, from and against any loss, expense, damages,
actions or claims, including any expense incurred in connection with any delay or stoppage of
the project work arising out of or as a result of (1) the failure of the said bid to be based upon the
payment of the said applicable prevailing wage rates or (2) the failure of the bidder, if selected as
the contractor, to pay laborers employed on the project the said applicable prevailing wage rates.
Brewster Dog Park
Brewster, Massachusetts00300-5
Respectfully submitted:
Date: ______________ By: _____________________________
(Signature)
________________________________
(Type Name of Bidder)
________________________________
(Title)
________________________________
(Business Address)
________________________________
(City and State)
________________________________
(Telephone Number
Brewster Dog Park
Brewster, Massachusetts00300-6
CERTIFICATIONS REQUIRED BY LAW
FOR PUBLIC CONSTRUCTION CONTRACTS
You must COMPLETE and SIGN the following certifications. You must also print, at the bottom of this page, the
name of the contractor for whom these certifications are submitted.
TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, the undersigned, authorized
signatory for the below named contractor, do hereby certify under the pains and penalties of perjury that said
contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of
employees and contractors, and withholding and remitting child support.
NON-COLLUSION
The undersigned certifies under the penalties of perjury that this bid is in a ll 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.
PUBLIC CONTRACTOR DEBARMENT
The undersigned certifies under penalty of perjury that the below named contractor 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.
OSHA TRAINING
Pursuant to G.L. c. 30, §39S, the Contractor hereby certifies under penalties of perjury as follows:
(1) Contractor is able to furnish labor that can work in harmony with all other elements of labor employed or to
be employed in the work;
(2) All employees to be employed at the worksite will have successfully completed a c ourse 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 they shall furnish documentation of successful
completion of said course with the first certified payroll report for each employee; and
(3) All employees to be employed in the work subject to this contract 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.
COMPLETE AND SIGN BELOW:
________________________________________________ ______________________
Authorized Person’s Signature Date
________________________________________________
Print Name & Title of Signatory
________________________________________________
Name of Contractor
Brewster Dog Park
Brewster, Massachusetts00300-7
SECTION 00500
SAMPLE AGREEMENT
THIS AGREEMENT, made this _________ day of ________________,
20___, by and between the party of the first part, the Town of Brewster, hereinafter called
"OWNER," acting herein through its Town Administrator, and the party of the second part,
_______________________________________________ doing business as *(an individual) (a
partnership) (a joint venture) (a corporation) located in the *(City) (Town) of ____________,
County of _______________________, and State of _________________________,
hereinafter called "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby
agrees with the OWNER to commence and complete the project described as follows:
.
hereinafter called the project, for the sum of _________________
_________________________________________________________________ Dollars
($_________________) and all extra work in connection therewith, under the terms as stated in
the Contract Documents; and at his (its or their) own proper cost and expense to furnish all the
materials, supplies, machinery equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the said project in accordance with the conditions
and prices stated in Section 00300 FORM OF GENERAL BID, Section 00700 GENERAL
CONDITIONS, Section 00750 SUPPLEMENTARY GENERAL CONDITIONS and Section
00800 SUPPLEMENTAL GENERAL CONDITIONS, the plans, which include all maps, plates,
blue prints, and the specifications and Contract Documents as prepared by the Owner.
_____________________
*Strike out inapplicable term.
Brewster Dog Park
Brewster, Massachusetts00500-1
The CONTRACTOR hereby agrees to commence work under this Contract on or before
a date to be specified in written "Notice to Proceed" of the OWNER.
The CONTRACTOR further agrees to fully complete the project within ____ consecutive
calendar days of the date of the notice to proceed.
The CONTRACTOR further agrees to pay as liquidated damages the sum of $1,000.00.
for each consecutive calendar day thereafter as provided in the Liquidated Damages Paragraph of
Section 00700 GENERAL CONDITIONS.
The recommended goal for minority business enterprise (MBE) participation for this
contract is a minimum of _______ percent MBE participation, on the basis of the total dollars
paid. The CONTRACTOR agrees to take all affirmative steps necessary to achieve this goal,
and shall provide reports documenting the portion of contract and subcontract dollars paid to
minority and women-owned businesses, and its efforts to achieve the goals, with each invoice
submitted or at such greater intervals as specified by the Owner. The CONTRACTOR shall
require similar reports from its subcontractors.
The CONTRACTOR agrees not to discriminate against or exclude any person from
participation herein on grounds of race, religion, color, sex, age or national origin; and that it
shall take affirmative actions to insure that applicants are employed, and that employees are
treated during their employment, without regard to race, religion, color, sex, age, handicapped
status, or national origin.
The CONTRACTOR agrees not to participate in or cooperate with an international
boycott, as defined in Section 999 (b)(3) and (4) of the Internal Revenue Code of 1954, as
amended, or engage in conduct declared to be unlawful by Section 2 of Chapter 151E of the
Massachusetts General Laws.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of
the contract, subject to additions and deductions, as provided in Section 00700 GENERAL
CONDITIONS as amended by the supplementary general conditions, and to make payments on
account thereof as provided in Section 00700 GENERAL CONDITIONS.
IN WITNESS WHEREOF, the parties to these presents have executed this contract in
counterparts, each of which shall be deemed an original, in the year and day first above
mentioned.
Brewster Dog Park
Brewster, Massachusetts00500-2
AGREED:
Town of Brewster, Massachusetts
(Owner)
By_______________________________________
(Name)
Town Administrator/CPO
(Title)
_________________________________________
(Contractor)
By_______________________________________
_______________________________________
(Name)
_______________________________________
(Title)
_______________________________________
(Address)
_______________________________________
(City and State)
Approved as to Form:
By: KP LAW
(Owner's Counsel)
In accordance with M.G.L. C.44, Section 31C, this is to certify that an appropriation in the
amount of this contract is available therefor and that the _____________ has been authorized to
execute the contract and approve all requisitions and change orders.
By__________________________
(Owner's Accountant)
__________________________
(Name)
Brewster Dog Park
Brewster, Massachusetts00500-3
CERTIFICATE OF VOTE
(to be filed if Contractor is a Corporation)
I, _______________________________, hereby certify that I am the duly qualified
(Secretary of the Corporation)
and acting Secretary of ______________________ and I further certify that a meeting of the
(Name of Corporation)
Directors of said Company, duly called and held on _______________________, at which
(Date of Meeting)
all Directors were present and voting, the following vote was unanimously passed:
VOTED: To authorize and empower
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
Anyone acting singly, to execute Forms of General Bid, Contracts or Bonds on behalf of
the Corporation.
I further certify that the above vote is still in effect and has not been changed or modified
in any respect.
By:________________________________
(Secretary of Corporation)
A True Copy:
Attest:_________________________________
(Notary Public)
My Commission Expires:__________________
(Date)
Brewster Dog Park
Brewster, Massachusetts00500-4
SECTION 00610
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we _________________________
(Name of Contractor)
a ___________________________________________ hereinafter called “Principal” and
(Corporation, Partnership, Joint Venture or Individual)
______________________________of ______________, State of _____________________
(Surety) (City & State)
_________________________ hereinafter called the "Surety" and licensed by the State
Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are
held and firmly bound to the City/Town of _______________, Massachusetts, hereinafter called
"Owner", in the penal sum of
______________________________________________________ Dollars
($______________________) in lawful money of the United States, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered
into a certain contract with the Owner, dated the _________ day of _________________,
20___ (the “Construction Contract”), for the construction described as follows: ___________
__________________________________________________________.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties,
all the undertakings, covenants, terms, conditions, and agreements of the Construction Contract
during the original term thereof, and any extensions thereof which may be granted by the Owner,
with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under
the Construction Contract, and shall fully indemnify and save harmless the Owner from all costs
and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the
Owner all outlay and expense which the Owner may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the Surety’s obligation under this Bond shall arise after (1)
the Owner has declared the Principal in default of the Construction Contract or any provision
thereof or (2) has declared that the Principal has failed, or is otherwise unable or unwilling, to
execute the work consistent with, and in conformance to, the Construction Contract (collectively
referred to as a “Contractor Default”). The determination of a Contractor Default shall be made
solely by the Owner. The Owner need not terminate the Construction Contract to declare a
Contractor Default or to invoke its rights under this Bond.
Brewster Dog Park
Brewster, Massachusetts00610-1
When the Surety’s obligation under this Bond arises, the Surety, at its sole expense and at
the consent and election of the Owner, shall promptly take one of the following steps: (1) arrange
for the Principal to perform and complete the work of the Construction Contract: (2) arrange for
a contractor other than the Principal to perform and complete the work of the Construction
Contract; (3) reimburse the Owner, in a manner and at such time as the Owner shall decide, for
all costs and expenses incurred by the Owner in performing and completing the work of the
Construction Contract. Surety will keep Owner reasonably informed of the progress, status and
results of any investigation of any claim of the Owner.
If the Surety does not proceed as provided in this Bond with due diligence and all
deliberate speed, the Surety shall be deemed to be in default of this Bond, and the Owner shall be
entitled to enforce any remedy available to the Owner.
After the Surety’s obligation under this Bond arises, the Surety is obligated, to the limit
of the amounts of this Bond, for (1) the correction of defective work and completion of the
Construction Contract; (2) additional design, professional services, and legal costs, including
attorneys’ fees, resulting from the Contractor Default or from the default of the Surety under this
Bond; (3) any additional work beyond the Construction Contract made necessary by the
Contractor Default or default of the Surety under this Bond; (4) indemnification obligation of the
Principal, if any, as provided in the Construction Contract; and (5) liquidated damages as
provided in the Construction Contract, or if none are so specified, actual and foreseeable
consequential damages resulting from the Contractor Default or default of the Surety under this
Bond.
Any proceeding, legal or equitable, under this Bond shall be instituted in any court of
competent jurisdiction in the Commonwealth of Massachusetts.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Construction Contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Construction Contract or to the work or to the
specifications.
Brewster Dog Park
Brewster, Massachusetts00610-2
IN WITNESS WHEREOF, this instrument is executed in _____ ( ) counterparts, each
one of which shall be deemed an original, this the __________ day of ____________________,
20___.
ATTEST:
______________________________
Principal
______________________________ By ______________________________
(Principal Secretary)
______________________________
______________________________
______________________________
(Address-Zip Code)
______________________________ (SEAL)
Witness as to Principal
______________________________
______________________________
(Address-Zip Code)
ATTEST:
______________________________
Surety
______________________________ By ______________________________
(Attorney-in-Fact)
______________________________
______________________________
(Address-Zip Code)
______________________________ (SEAL)
Witness as to Surety
______________________________
______________________________
(Address-Zip Code)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a
Partnership, all partners should execute Bond.
Brewster Dog Park
Brewster, Massachusetts00610-3
SECTION 00620
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we __________________
________________________________ a_____ _____________________________________
(Name of Contractor) (Corporation, Partnership, Joint Venture or
Individual)
hereinafter called "Principal" and _____________________________ of ________________,
(Surety)
State of ________________________ hereinafter called the “Surety” and licensed by the State
(City and State)
Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are
held and firmly bound to the City/Town of _________________, Massachusetts, hereinafter
called "Owner", in the penal sum of _____________________________________________
Dollars
($___________________) in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,
jointly and severall y, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered
into a certain contract with the Owner, dated the _____________ day of __________________,
20___, for the construction described as follows:
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in the prosecution
of the work provided for in such contract, and any authorized extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on
machinery, equipment and tools, consumed or used in connection with the construction of such
work, and all insurance premiums on said work, and for all labor, performed in such work
whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the contract or to
the work to be performed thereunder or the specifications accompanying the same shall in any
way affect its obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of this contract or to the work or to the
specifications.
Brewster Dog Park
Brewster, Massachusetts00620-1
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in ____ ( ) counterparts, each one of
which shall be deemed an original, this the _________ day of _____________________, 20__.
ATTEST:
______________________________
Surety
______________________________ By ______________________________
(Attorney-in-Fact)
______________________________
______________________________
(Address-Zip Code)
______________________________ (SEAL)
Witness as to Surety
______________________________
______________________________
(Address-Zip Code)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a
Partnership, all partners should execute Bond.
Brewster Dog Park
Brewster, Massachusetts00620-2
Brewster Dog Park
Brewster, Massachusetts
00700
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 – Definitions and Terminology .......................................................................................................... 1
1.01 Defined Terms............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 5
Article 2 – Preliminary Matters ......................................................................................................................... 6
2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 6
2.02 Copies of Documents .................................................................................................................... 6
2.03 Commencement of Contract Times; Notice to Proceed .............................................................. 6
2.04 Starting the Work .......................................................................................................................... 6
2.05 Before Starting Construction ........................................................................................................ 6
2.06 Preconstruction Conference; Designation of Authorized Representatives ................................. 7
2.07 Initial Acceptance of Schedules ................................................................................................... 7
Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8
3.01 Intent .............................................................................................................................................. 8
3.02 Reference Standards ..................................................................................................................... 8
3.03 Reporting and Resolving Discrepancies ...................................................................................... 8
3.04 Amending and Supplementing Contract Documents .................................................................. 9
3.05 Reuse of Documents ..................................................................................................................... 9
3.06 Electronic Data ............................................................................................................................ 10
Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points .......................................................................................................... 10
4.01 Availability of Lands .................................................................................................................. 10
4.02 Subsurface and Physical Conditions .......................................................................................... 11
4.03 Differing Subsurface or Physical Conditions ............................................................................. 11
4.04 Underground Facilities ............................................................................................................... 13
4.05 Reference Points ......................................................................................................................... 14
4.06 Hazardous Environmental Condition at Site .............................................................................. 14
Article 5 – Bonds and Insurance ..................................................................................................................... 16
5.01 Performance, Payment, and Other Bonds .................................................................................. 16
5.02 Licensed Sureties and Insurers ................................................................................................... 16
5.03 Certificates of Insurance ............................................................................................................. 16
5.04 Contractor’s Insurance ................................................................................................................ 17
5.05 Owner’s Liability Insurance ....................................................................................................... 18
5.06 Property Insurance ...................................................................................................................... 18
5.07 Waiver of Rights ......................................................................................................................... 20
5.08 Receipt and Application of Insurance Proceeds ........................................................................ 20
5.09 Acceptance of Bonds and Insurance; Option to Replace........................................................... 21
Brewster Dog Park
Brewster, Massachusetts
00700
5.10 Partial Utilization, Acknowledgment of Property Insurer ......................................................... 21
Article 6 – Contractor’s Responsibilities ........................................................................................................ 21
6.01 Supervision and Superintendence .............................................................................................. 21
6.02 Labor; Working Hours ................................................................................................................ 22
6.03 Services, Materials, and Equipment ........................................................................................... 22
6.04 Progress Schedule ....................................................................................................................... 22
6.05 Substitutes and “Or-Equals” ....................................................................................................... 23
6.06 Concerning Subcontractors, Suppliers, and Others ................................................................... 25
6.07 Patent Fees and Royalties ........................................................................................................... 26
6.08 Permits ......................................................................................................................................... 27
6.09 Laws and Regulations ................................................................................................................. 27
6.10 Taxes ........................................................................................................................................... 27
6.11 Use of Site and Other Areas ....................................................................................................... 27
6.12 Record Documents ...................................................................................................................... 28
6.13 Safety and Protection .................................................................................................................. 28
6.14 Safety Representative ................................................................................................................. 29
6.15 Hazard Communication Programs ............................................................................................. 30
6.16 Emergencies ................................................................................................................................ 30
6.17 Shop Drawings and Samples ...................................................................................................... 30
6.18 Continuing the Work .................................................................................................................. 32
6.19 Contractor’s General Warranty and Guarantee .......................................................................... 32
6.20 Indemnification ........................................................................................................................... 32
6.21 Delegation of Professional Design Services .............................................................................. 33
Article 7 – Other Work at the Site ................................................................................................................... 34
7.01 Related Work at Site ................................................................................................................... 34
7.02 Coordination ................................................................................................................................ 35
7.03 Legal Relationships ..................................................................................................................... 35
Article 8 – Owner’s Responsibilities .............................................................................................................. 35
8.01 Communications to Contractor................................................................................................... 35
8.02 Replacement of Engineer ............................................................................................................ 35
8.03 Furnish Data ................................................................................................................................ 35
8.04 Pay When Due ............................................................................................................................ 35
8.05 Lands and Easements; Reports and Tests .................................................................................. 36
8.06 Insurance ..................................................................................................................................... 36
8.07 Change Orders............................................................................................................................. 36
8.08 Inspections, Tests, and Approvals .............................................................................................. 36
8.09 Limitations on Owner’s Responsibilities ................................................................................... 36
8.10 Undisclosed Hazardous Environmental Condition .................................................................... 36
8.11 Evidence of Financial Arrangements ......................................................................................... 36
8.12 Compliance with Safety Program ............................................................................................... 36
Article 9 – Engineer’s Status During Construction ........................................................................................ 37
9.01 Owner’s Representative .............................................................................................................. 37
9.02 Visits to Site ................................................................................................................................ 37
9.03 Project Representative ................................................................................................................ 37
9.04 Authorized Variations in Work .................................................................................................. 37
Brewster Dog Park
Brewster, Massachusetts
00700
9.05 Rejecting Defective Work .......................................................................................................... 38
9.06 Shop Drawings, Change Orders and Payments ......................................................................... 38
9.07 Determinations for Unit Price Work .......................................................................................... 38
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .................... 38
9.09 Limitations on Engineer’s Authority and Responsibilities ........................................................ 39
9.10 Compliance with Safety Program ............................................................................................... 39
Article 10 – Changes in the Work; Claims ..................................................................................................... 39
10.01 Authorized Changes in the Work ............................................................................................... 39
10.02 Unauthorized Changes in the Work ........................................................................................... 40
10.03 Execution of Change Orders....................................................................................................... 40
10.04 Notification to Surety .................................................................................................................. 40
10.05 Claims .......................................................................................................................................... 40
Article 11 – Cost of the Work; Allowances; Unit Price Work ....................................................................... 41
11.01 Cost of the Work ......................................................................................................................... 41
11.02 Allowances .................................................................................................................................. 44
11.03 Unit Price Work .......................................................................................................................... 44
Article 12 – Change of Contract Price; Change of Contract Times ............................................................... 45
12.01 Change of Contract Price ............................................................................................................ 45
12.02 Change of Contract Times .......................................................................................................... 46
12.03 Delays .......................................................................................................................................... 46
Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 47
13.01 Notice of Defects ........................................................................................................................ 47
13.02 Access to Work ........................................................................................................................... 47
13.03 Tests and Inspections .................................................................................................................. 47
13.04 Uncovering Work........................................................................................................................ 48
13.05 Owner May Stop the Work ......................................................................................................... 49
13.06 Correction or Removal of Defective Work ................................................................................ 49
13.07 Correction Period ........................................................................................................................ 49
13.08 Acceptance of Defective Work .................................................................................................. 50
13.09 Owner May Correct Defective Work ......................................................................................... 50
Article 14 – Payments to Contractor and Completion .................................................................................... 51
14.01 Schedule of Values ..................................................................................................................... 51
14.02 Progress Payments ...................................................................................................................... 51
14.03 Contractor’s Warranty of Title ................................................................................................... 54
14.04 Substantial Completion ............................................................................................................... 54
14.05 Partial Utilization ........................................................................................................................ 55
14.06 Final Inspection ........................................................................................................................... 55
14.07 Final Payment ............................................................................................................................. 56
14.08 Final Completion Delayed .......................................................................................................... 57
14.09 Waiver of Claims ........................................................................................................................ 57
Article 15 – Suspension of Work and Termination ........................................................................................ 57
15.01 Owner May Suspend Work ........................................................................................................ 57
15.02 Owner May Terminate for Cause ............................................................................................... 57
Brewster Dog Park
Brewster, Massachusetts
00700
15.03 Owner May Terminate For Convenience ................................................................................... 59
15.04 Contractor May Stop Work or Terminate .................................................................................. 59
Article 16 – Dispute Resolution ...................................................................................................................... 59
16.01 Methods and Procedures ............................................................................................................. 59
Article 17 – Miscellaneous .............................................................................................................................. 60
17.01 Giving Notice .............................................................................................................................. 60
17.02 Computation of Times ................................................................................................................ 60
17.03 Cumulative Remedies ................................................................................................................. 60
17.04 Survival of Obligations ............................................................................................................... 61
17.05 Controlling Law .......................................................................................................................... 61
17.06 Headings ...................................................................................................................................... 61
Brewster Dog Park
Brewster, Massachusetts
00700
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital
letters, the terms listed below will have the meanings indicated which are applicable to both the
singular and plural thereof. In addition to terms specifically defined, terms with initial capital
letters in the Contract Documents include references to identified articles and paragraphs, and the
titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between Owner and
Contractor covering the Work.
3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidder—The individual or entity who submits a Bid directly to Owner.
7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
9. Change Order—A document recommended by Engineer which is signed by Contractor and
Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the
Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.
10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A
demand for money or services by a third party is not a Claim.
11. Contract—The entire and integrated written agreement between the Owner and Contractor
concerning the Work. The Contract supersedes prior negotiations, representations, or
agreements, whether written or oral.
Brewster Dog Park
Brewster, Massachusetts
00700
12. Contract Documents—Those items so designated in the Agreement. Only printed or hard
copies of the items listed in the Agreement are Contract Documents. Approved Shop
Drawings, other Contractor submittals, and the reports and drawings of subsurface and
physical conditions are not Contract Documents.
13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the provisions
of Paragraph 11.03 in the case of Unit Price Work).
14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it
is ready for final payment as evidenced by Engineer’s written recommendation of final
payment.
15. Contractor—The individual or entity with whom Owner has entered into the Agreement.
16. Cost of the Work—See Paragraph 11.01 for definition.
17. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by Contractor.
Shop Drawings and other Contractor submittals are not Drawings as so defined.
18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
19. Engineer—The individual or entity named as such in the Agreement.
20. Field Order—A written order issued by Engineer which requires minor changes in the Work
but which does not involve a change in the Contract Price or the Contract Times.
21. General Requirements—Sections of Division 1 of the Specifications.
22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such quantities or circumstances that may
present a substantial danger to persons or property exposed thereto.
23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and
courts having jurisdiction.
25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
26. Milestone—A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
Brewster Dog Park
Brewster, Massachusetts
00700
27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein,
Owner will sign and deliver the Agreement.
28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which
the Contract Times will commence to run and on which Contractor shall start to perform the
Work under the Contract Documents.
29. Owner—The individual or entity with whom Contractor has entered into the Agreement and
for whom the Work is to be performed.
30. PCBs—Polychlorinated biphenyls.
31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor’s plan to accomplish the
Work within the Contract Times.
33. Project—The total construction of which the Work to be performed under the Contract
Documents may be the whole, or a part.
34. Project Manual—The bound documentary information prepared for bidding and constructing
the Work. A listing of the contents of the Project Manual, which may be bound in one or more
volumes, is contained in the table(s) of contents.
35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
36. Resident Project Representative—The authorized representative of Engineer who may be
assigned to the Site or any part thereof.
37. Samples—Physical examples of materials, equipment, or workmanship that are representative
of some portion of the Work and which establish the standards by which such portion of the
Work will be judged.
38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related construction
activities.
39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor’s Applications for Payment.
40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information which are specifically prepared or assembled by or for Contractor and submitted
by Contractor to illustrate some portion of the Work.
Brewster Dog Park
Brewster, Massachusetts
00700
41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon
which the Work is to be performed, including rights-of-way and easements for access thereto,
and such other lands furnished by Owner which are designated for the use of Contractor.
42. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto.
43. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
44. Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof)
is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a
specified part thereof) can be utilized for the purposes for which it is intended. The terms
“substantially complete” and “substantially completed” as applied to all or part of the Work
refer to Substantial Completion thereof.
45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award.
46. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by Contractor or Subcontractor.
48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing
such facilities, including those that convey electricity, gases, steam, liquid petroleum products,
telephone or other communications, cable television, water, wastewater, storm water, other
liquids or chemicals, or traffic or other control systems.
49. Unit Price Work—Work to be paid for on the basis of unit prices.
50. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction, and
furnishing, installing, and incorporating all materials and equipment into such construction, all
as required by the Contract Documents.
51. Work Change Directive—A written statement to Contractor issued on or after the Effective
Date of the Agreement and signed by Owner and recommended by Engineer ordering an
addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be performed or to emergencies. A Work
Change Directive will not change the Contract Price or the Contract Times but is evidence that
the parties expect that the change ordered or documented by a Work Change Directive will be
incorporated in a subsequently issued Change Order following negotiations by the parties as
to its effect, if any, on the Contract Price or Contract Times.
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1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as
directed” or terms of like effect or import to authorize an exercise of professional judgment by
Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,”
“satisfactory,” or adjectives of like effect or import are used to describe an action or
determination of Engineer as to the Work. It is intended that such exercise of professional
judgment, action, or determination will be solely to evaluate, in general, the Work for
compliance with the information in the Contract Documents and with the design concept of
the Project as a functioning whole as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The use of any such term or adjective is not
intended to and shall not be effective to assign to Engineer any duty or authority to supervise
or direct the performance of the Work, or any duty or authority to undertake responsibility
contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents.
C. Day:
1. The word “day” means a calendar day of 24 hours measured from midnight to the next
midnight.
D. Defective:
1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory,
faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to Engineer’s recommendation of final payment (unless
responsibility for the protection thereof has been assumed by Owner at Substantial
Completion in accordance with Paragraph 14.04 or 14.05).
E. Furnish, Install, Perform, Provide:
1. The word “furnish,” when used in connection with services, materials, or equipment, shall
mean to supply and deliver said services, materials, or equipment to the Site (or some other
specified location) ready for use or installation and in usable or operable condition.
2. The word “install,” when used in connection with services, materials, or equipment, shall mean
to put into use or place in final position said services, materials, or equipment complete and
ready for intended use.
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3. The words “perform” or “provide,” when used in connection with services, materials, or
equipment, shall mean to furnish and install said services, materials, or equipment complete
and ready for intended use.
4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services,
materials, or equipment in a context clearly requiring an obligation of Contractor, “provide”
is implied.
F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence of Insurance
A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be required to furnish.
B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of insurance which either of them or any
additional insured may reasonably request) which Contractor and Owner respectively are required
to purchase and maintain in accordance with Article 5.
2.02 Copies of Documents
A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the
Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever
date is earlier.
2.04 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence to run.
No Work shall be done at the Site prior to the date on which the Contract Times commence to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely
review:
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1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting
and completing the various stages of the Work, including any Milestones specified in the
Contract Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of
items which when added together equal the Contract Price and subdivides the Work into
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include an appropriate amount of overhead and
profit applicable to each item of Work.
2.06 Preconstruction Conference; Designation of Authorized Representatives
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and
others as appropriate will be held to establish a working understanding among the parties as to the
Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop
Drawings and other submittals, processing Applications for Payment, and maintaining required
records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to
act as its authorized representative with respect to the services and responsibilities under the
Contract. Such individuals shall have the authority to transmit instructions, receive information,
render decisions relative to the Contract, and otherwise act on behalf of each respective party.
2.07 Initial Acceptance of Schedules
A. At least 10 days before submission of the first Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer
as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall
have an additional 10 days to make corrections and adjustments and to complete and resubmit the
schedules. No progress payment shall be made to Contractor until acceptable schedules are
submitted to Engineer.
1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of
the Work to completion within the Contract Times. Such acceptance will not impose on
Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of
the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility
therefor.
2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required submittals.
3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to component parts of the Work.
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ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation,
services, materials, or equipment that reasonably may be inferred from the Contract Documents
or from prevailing custom or trade usage as being required to produce the indicated result will be
provided whether or not specifically called for, at no additional cost to Owner.
C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or
Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth
in the Contract Documents. No such provision or instruction shall be effective to assign to
Owner, Engineer, or any of their officers, directors, members, partners, employees, agents,
consultants, or subcontractors, any duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake responsibility inconsistent with the provisions
of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein and all applicable field measurements. Contractor
shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy
which Contractor discovers, or has actual knowledge of, and shall obtain a written
interpretation or clarification from Engineer before proceeding with any Work affected
thereby.
2. Contractor’s Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
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Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall
not proceed with the Work affected thereby (except in an emergency as required by Paragraph
6.16.A) until an amendment or supplement to the Contract Documents has been issued by one
of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge
thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and:
a. the provisions of any standard, specification, manual, or code, or the instruction of any
Supplier (whether or not specifically incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would result in
violation of such Law or Regulation).
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the
Work or to modify the terms and conditions thereof by either a Change Order or a Work Change
Directive.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more of the following ways:
1. A Field Order;
2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer’s written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other
documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its
consultants, including electronic media editions; or
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2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of Owner and Engineer and specific
written verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract.
Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for
record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or
Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited
to the printed copies (also known as hard copies). Files in electronic media format of text, data,
graphics, or other types are furnished only for the convenience of the receiving party. Any
conclusion or information obtained or derived from such electronic files will be at the user’s sole
risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
B. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data’s creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving party
shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day
acceptance period will be corrected by the transferring party.
C. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting from
the use of software application packages, operating systems, or computer hardware differing from
those used by the data’s creator.
ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions
not of general application but specifically related to use of the Site with which Contractor must
comply in performing the Work. Owner will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the
Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site
or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.
B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of
record legal title and legal description of the lands upon which the Work is to be performed and
Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction
lien against such lands in accordance with applicable Laws and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
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4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to Owner of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the “technical data” contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such
condition. Contractor shall not further disturb such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written order to do so.
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B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional
exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor)
of Engineer’s findings and conclusions.
C. Possible Price and Times Adjustments:
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that
the existence of such differing subsurface or physical condition causes an increase or decrease
in Contractor’s cost of, or time required for, performance of the Work; subject, however, to
the following:
a. such condition must meet any one or more of the categories described in Paragraph 4.03.A;
and
b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price
will be subject to the provisions of Paragraphs 9.07 and 11.03.
2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract; or
b. the existence of such condition could reasonably have been discovered or revealed as a
result of any examination, investigation, exploration, test, or study of the Site and
contiguous areas required by the Bidding Requirements or Contract Documents to be
conducted by or for Contractor prior to Contractor’s making such final commitment; or
c. Contractor failed to give the written notice as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made
therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their
officers, directors, members, partners, employees, agents, consultants, or subcontractors shall
be liable to Contractor for any claims, costs, losses, or damages (including but not limited to
all fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by Contractor on or in connection with
any other project or anticipated project.
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4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on information
and data furnished to Owner or Engineer by the owners of such Underground Facilities, including
Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:
1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall have
full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination of the Work with the owners of such Underground Facilities, including
Owner, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not
shown or indicated, or not shown or indicated with reasonable accuracy in the Contract
Documents, Contractor shall, promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any Work in connection therewith
(except in an emergency as required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that owner and to Owner and Engineer.
Engineer will promptly review the Underground Facility and determine the extent, if any, to
which a change is required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. During such time,
Contractor shall be responsible for the safety and protection of such Underground Facility.
2. If Engineer concludes that a change in the Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and document such consequences. An
equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the
extent that they are attributable to the existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract
Documents and that Contractor did not know of and could not reasonably have been expected
to be aware of or to have anticipated. If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or
Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph
10.05.
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4.05 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction which in
Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and property monuments, and shall make no changes or relocations without the prior written
approval of Owner. Contractor shall report to Engineer whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate replacement or relocation of such reference
points or property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to Owner relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the “technical data” contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such “technical data” is identified in the Supplementary
Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for
a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by Paragraph
6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in
writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain
a qualified expert to evaluate such condition or take corrective action, if any. Promptly after
consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to
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timely obtain required permits and provide Contractor the written notice required by Paragraph
4.06.E.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after Owner has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has been
rendered safe for the resumption of Work; or (ii) specifying any special conditions under which
such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or
on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as
a result of such Work stoppage or such special conditions under which Work is agreed to be
resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions,
then Owner may order the portion of the Work that is in the area affected by such condition to be
deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount
or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such
portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05.
Owner may have such deleted portion of the Work performed by Owner’s own forces or others in
accordance with Article 7.
G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless
Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of them from and against all
claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute resolution
costs) arising out of or relating to a Hazardous Environmental Condition, provided that such
Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or
Specifications or identified in the Contract Documents to be included within the scope of the
Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible.
Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from
and against the consequences of that individual’s or entity’s own negligence.
H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants, and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom
Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify
any individual or entity from and against the consequences of that individual’s or entity’s own
negligence.
I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
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ARTICLE 5 – BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and payment of all of Contractor’s
obligations under the Contract Documents. These bonds shall remain in effect until one year after
the date when final payment becomes due or until completion of the correction period specified in
Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by
the Contract Documents. Contractor shall also furnish such other bonds as are required by the
Contract Documents.
B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise
by Laws or Regulations, and shall be executed by such sureties as are named in the list of
“Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by
an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority
to bind the surety. The evidence of authority shall show that it is effective on the date the agent
or attorney-in-fact signed each bond.
C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part of the Project is located or it ceases
to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and
Engineer and shall, within 20 days after the event giving rise to such notification, provide another
bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed
or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies
for the limits and coverages so required. Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be provided in the Supplementary Conditions.
5.03 Certificates of Insurance
A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified
in the Supplementary Conditions, certificates of insurance (and other evidence of insurance
requested by Owner or any other additional insured) which Contractor is required to purchase and
maintain.
B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified
in the Supplementary Conditions, certificates of insurance (and other evidence of insurance
requested by Contractor or any other additional insured) which Owner is required to purchase and
maintain.
C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance
with these insurance requirements or failure of Owner to identify a deficiency in compliance from
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the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain
such insurance.
D. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor.
E. The insurance and insurance limits required herein shall not be deemed as a limitation on
Contractor’s liability under the indemnities granted to Owner in the Contract Documents.
5.04 Contractor’s Insurance
A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being
performed and as will provide protection from claims set forth below which may arise out of or
result from Contractor’s performance of the Work and Contractor’s other obligations under the
Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier,
or by anyone directly or indirectly employed by any of them to perform any of the Work, or by
anyone for whose acts any of them may be liable:
1. claims under workers’ compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor’s employees;
3. claims for damages because of bodily injury, sickness or disease, or death of any person other
than Contractor’s employees;
4. claims for damages insured by reasonably available personal injury liability coverage which
are sustained:
a. by any person as a result of an offense directly or indirectly related to the employment of
such person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property wherever located, 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.
B. The policies of insurance required by this Paragraph 5.04 shall:
1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be
written on an occurrence basis, include as additional insureds (subject to any customary
exclusion regarding professional liability) Owner and Engineer, and any other individuals or
entities identified in the Supplementary Conditions, all of whom shall be listed as additional
insureds, and include coverage for the respective officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of all such additional
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insureds, and the insurance afforded to these additional insureds shall provide primary
coverage for all claims covered thereby;
2. include at least the specific coverages and be written for not less than the limits of liability
provided in the Supplementary Conditions or required by Laws or Regulations, whichever is
greater;
3. include contractual liability insurance covering Contractor’s indemnity obligations under
Paragraphs 6.11 and 6.20;
4. contain a provision or endorsement that the coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior written notice has been given to Owner
and Contractor and to each other additional insured identified in the Supplementary Conditions
to whom a certificate of insurance has been issued (and the certificates of insurance furnished
by the Contractor pursuant to Paragraph 5.03 will so provide);
5. remain in effect at least until final payment and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and
6. include completed operations coverage:
a. Such insurance shall remain in effect for two years after final payment.
b. Contractor shall furnish Owner and each other additional insured identified in the
Supplementary Conditions, to whom a certificate of insurance has been issued, evidence
satisfactory to Owner and any such additional insured of continuation of such insurance at
final payment and one year thereafter.
5.05 Owner’s Liability Insurance
A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner,
at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability
insurance as will protect Owner against claims which may arise from operations under the
Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the amount of the full replacement cost thereof
(subject to such deductible amounts as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee;
2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
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fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake,
collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations,
water damage (other than that caused by flood), and such other perils or causes of loss as may
be specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured property (including but
not limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the Site or at another location that was agreed to in
writing by Owner prior to being incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by Owner;
6. include testing and startup; and
7. be maintained in effect until final payment is made unless otherwise agreed to in writing by
Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom
a certificate of insurance has been issued.
B. Owner shall purchase and maintain such equipment breakdown insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which
will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
members, partners, employees, agents, consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and shall be listed as a loss payee.
C. All the policies of insurance (and the certificates or other evidence thereof) required to be
purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal
refused until at least 30 days prior written notice has been given to Owner and Contractor and to
each other loss payee to whom a certificate of insurance has been issued and will contain waiver
provisions in accordance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified
in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work
to the extent of any deductible amounts that are identified in the Supplementary Conditions. The
risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors,
or others suffering any such loss, and if any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense.
E. If Contractor requests in writing that other special insurance be included in the property insurance
policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and
the cost thereof will be charged to Contractor by appropriate Change Order. Prior to
commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not
such other insurance has been procured by Owner.
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5.07 Waiver of Rights
A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will
protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities
identified in the Supplementary Conditions as loss payees (and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them) in such
policies and will provide primary coverage for all losses and damages caused by the perils or
causes of loss covered thereby. All such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will have no rights of recovery against any of
the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other
and their respective officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and damages caused by, arising out of or
resulting from any of the perils or causes of loss covered by such policies and any other property
insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors
and Engineer, and all other individuals or entities identified in the Supplementary Conditions as
loss payees (and the officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them) under such policies for losses and damages so caused.
None of the above waivers shall extend to the rights that any party making such waiver may have
to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so
issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of each and any
of them for:
1. loss due to business interruption, loss of use, or other consequential loss extending beyond
direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or
resulting from fire or other perils whether or not insured by Owner; and
2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting
from fire or other insured peril or cause of loss covered by any property insurance maintained
on the completed Project or part thereof by Owner during partial utilization pursuant to
Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final
payment pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss
referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment
of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against
Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with
Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner
shall deposit in a separate account any money so received and shall distribute it in accordance with
such agreement as the parties in interest may reach. If no other special agreement is reached, the
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damaged Work shall be repaired or replaced, the moneys so received applied on account thereof,
and the Work and the cost thereof covered by an appropriate Change Order.
B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of
the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s
exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with
the insurers in accordance with such agreement as the parties in interest may reach. If no such
agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the
loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall
give bond for the proper performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to Replace
A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of
the bonds or insurance required to be purchased and maintained by the other party in accordance
with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party
shall so notify the other party in writing within 10 days after receipt of the certificates (or other
evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to
the other such additional information in respect of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all of the bonds and insurance required of
such party by the Contract Documents, such party shall notify the other party in writing of such
failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change
in the required coverage. Without prejudice to any other right or remedy, the other party may elect
to obtain equivalent bonds or insurance to protect such other party’s interests at the expense of the
party who was required to provide such coverage, and a Change Order shall be issued to adjust
the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property Insurer
A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall
commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have
acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by endorsement on the policy or
policies, but the property insurance shall not be canceled or permitted to lapse on account of any
such partial use or occupancy.
ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work
in accordance with the Contract Documents. Contractor shall be solely responsible for the means,
methods, techniques, sequences, and procedures of construction. Contractor shall not be
responsible for the negligence of Owner or Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
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B. At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without written notice to Owner and Engineer except
under extraordinary circumstances.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work
and perform construction as required by the Contract Documents. Contractor shall at all times
maintain good discipline and order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at the
Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the
Site shall be performed during regular working hours. Contractor will not permit the performance
of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will
not be unreasonably withheld) given after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used,
cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as
otherwise may be provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided below.
1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will not result in changing the Contract
Times. Such adjustments will comply with any provisions of the General Requirements
applicable thereto.
2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Times
may only be made by a Change Order.
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6.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless the
specification or description contains or is followed by words reading that no like, equivalent, or
“or-equal” item or no substitution is permitted, other items of material or equipment or material
or equipment of other Suppliers may be submitted to Engineer for review under the circumstances
described below.
1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed
by Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by Engineer as an “or-equal” item, in
which case review and approval of the proposed item may, in Engineer’s sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that:
1) it is at least equal in materials of construction, quality, durability, appearance, strength,
and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service.
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the Owner or increase in Contract Times; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor
does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by Engineer from anyone other than
Contractor.
c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as
supplemented by the General Requirements, and as Engineer may decide is appropriate
under the circumstances.
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d. Contractor shall make written application to Engineer for review of a proposed substitute
item of material or equipment that Contractor seeks to furnish or use. The application:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design,
b) be similar in substance to that specified, and
c) be suited to the same use as that specified;
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor’s achievement of Substantial Completion on time,
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with Owner for other work on the Project) to adapt the design to the proposed
substitute item, and
c) whether incorporation or use of the proposed substitute item in connection with the
Work is subject to payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed substitute item from that specified, and
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and claims of
other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by Engineer. Contractor shall submit sufficient information to allow
Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents. The requirements for review by Engineer
will be similar to those provided in Paragraph 6.05.A.2.
C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require
Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole
judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until
Engineer’s review is complete, which will be evidenced by a Change Order in the case of a
substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in
writing of any negative determination.
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D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special
performance guarantee or other surety with respect to any substitute.
E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute
proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not
Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse
Owner for the reasonable charges of Engineer for evaluating each such proposed substitute.
Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes
in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting
from the acceptance of each proposed substitute.
F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or
“or-equal” at Contractor’s expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement,
against whom Owner may have reasonable objection. Contractor shall not be required to employ
any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work
against whom Contractor has reasonable objection.
B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified
date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in
accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by
failing to make written objection thereto by the date indicated for acceptance or objection in the
Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis of reasonable objection after due
investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor,
Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in
the cost occasioned by such replacement, and an appropriate Change Order will be issued. No
acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the
Contract Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier
or other individual or entity; nor
2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of
any moneys due any such Subcontractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
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D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct
or indirect contract with Contractor.
E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to communicate with Engineer through Contractor.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the
Work to be performed by any specific trade.
G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will
contain provisions whereby the Subcontractor or Supplier waives all rights against Owner,
Contractor, Engineer, and all other individuals or entities identified in the Supplementary
Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of them) for all losses and
damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss
covered by such policies and any other property insurance applicable to the Work. If the insurers
on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,
Contractor will obtain the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product, or device is specified in the Contract Documents for use in the
performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by Owner in the Contract Documents.
B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless
Contractor, and its officers, directors, members, partners, employees, agents, consultants, and
subcontractors from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or
arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent
rights or copyrights incident to the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process, product, or device specified in the
Contract Documents, but not identified as being subject to payment of any license fee or royalty
to others required by patent rights or copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs, losses,
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and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or copyrights incident to the use in the performance
of the Work or resulting from the incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or,
if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service to the Work.
6.09 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring
Contractor’s compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it
shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s
obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective
Date of the Agreement if there were no Bids) having an effect on the cost or time of performance
of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner
and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such
adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
6.10 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or other
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materials or equipment. Contractor shall assume full responsibility for any damage to any such
land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting
from the performance of the Work.
2. Should any claim be made by any such owner or occupant because of the performance of the
Work, Contractor shall promptly settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution proceeding or at law.
3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants and subcontractors of each and any of them from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by
any such owner or occupant against Owner, Engineer, or any other party indemnified
hereunder to the extent caused by or based upon Contractor’s performance of the Work.
B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor
shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other
debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to
applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery, and surplus
materials and shall restore to original condition all property not designated for alteration by the
Contract Documents.
D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written
interpretations and clarifications in good order and annotated to show changes made during
construction. These record documents together with all approved Samples and a counterpart of all
approved Shop Drawings will be available to Engineer for reference. Upon completion of the
Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for
Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take
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all necessary precautions for the safety of, and shall provide the necessary protection to prevent
damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities not designated for removal,
relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons
or property, or to the protection of persons or property from damage, injury, or loss; and shall erect
and maintain all necessary safeguards for such safety and protection. Contractor shall notify
owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,
relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The
Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work.
D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety
program with which Owner’s and Engineer’s employees and representatives must comply while
at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage
or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner
or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be
liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of
Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly
employed by any of them).
F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and Engineer has issued a notice to Owner and
Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion).
6.14 Safety Representative
A. Contractor shall designate a qualified and experienced safety representative at the Site whose
duties and responsibilities shall be the prevention of accidents and the maintaining and supervising
of safety precautions and programs.
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6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or
other hazard communication information required to be made available to or exchanged between
or among employers at the Site in accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give Engineer prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If Engineer determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Work
Change Directive or Change Order will be issued.
6.17 Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in
accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each
submittal will be identified as Engineer may require.
1. Shop Drawings:
a. Submit number of copies specified in the General Requirements.
b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show Engineer the
services, materials, and equipment Contractor proposes to provide and to enable Engineer
to review the information for the limited purposes required by Paragraph 6.17.D.
2. Samples:
a. Submit number of Samples specified in the Specifications.
b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog
numbers, the use for which intended and other data as Engineer may require to enable
Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of
Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent
submittal will be at the sole expense and responsibility of Contractor.
C. Submittal Procedures:
1. Before submitting each Shop Drawing or Sample, Contractor shall have:
a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and
Samples and with the requirements of the Work and the Contract Documents;
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b. determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog numbers, and
similar information with respect thereto;
c. determined and verified the suitability of all materials offered with respect to the indicated
application, fabrication, shipping, handling, storage, assembly, and installation pertaining
to the performance of the Work; and
d. determined and verified all information relative to Contractor’s responsibilities for means,
methods, techniques, sequences, and procedures of construction, and safety precautions
and programs incident thereto.
2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied
Contractor’s obligations under the Contract Documents with respect to Contractor’s review
and approval of that submittal.
3. With each submittal, Contractor shall give Engineer specific written notice of any variations
that the Shop Drawing or Sample may have from the requirements of the Contract Documents.
This notice shall be both a written communication separate from the Shop Drawings or Sample
submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample
submitted to Engineer for review and approval of each such variation.
D. Engineer’s Review:
1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the
Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only
to determine if the items covered by the submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence, or
procedure of construction is specifically and expressly called for by the Contract Documents)
or to safety precautions or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions.
3. Engineer’s review and approval shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each
such variation by specific written notation thereof incorporated in or accompanying the Shop
Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from
responsibility for complying with the requirements of Paragraph 6.17.C.1.
E. Resubmittal Procedures:
1. Contractor shall make corrections required by Engineer and shall return the required number
of corrected copies of Shop Drawings and submit, as required, new Samples for review and
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approval. Contractor shall direct specific attention in writing to revisions other than the
corrections called for by Engineer on previous submittals.
6.18 Continuing the Work
A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or
disagreements with Owner. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor
may otherwise agree in writing.
6.19 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract
Documents and will not be defective. Engineer and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor’s obligation to perform
the Work in accordance with the Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by Engineer or any payment related
thereto by Owner;
4. use or occupancy of the Work or any part thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice
of acceptability by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
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consultants and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that any such claim, cost, loss, or damage 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 but only to the
extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or
any individual or entity directly or indirectly employed by any of them to perform any of the Work
or anyone for whose acts any of them may be liable .
B. In any and all claims against Owner or Engineer or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or
personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph
6.20.A shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers’ compensation acts, disability benefit acts, or other
employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the
liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents,
consultants and subcontractors arising out of:
1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions,
reports, surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage.
6.21 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such services
are required to carry out Contractor’s responsibilities for construction means, methods, techniques,
sequences and procedures. Contractor shall not be required to provide professional services in
violation of applicable law.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, Owner
and Engineer will specify all performance and design criteria that such services must satisfy.
Contractor shall cause such services or certifications to be provided by a properly licensed
professional, whose signature and seal shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings
and other submittals related to the Work designed or certified by such professional, if prepared by
others, shall bear such professional’s written approval when submitted to Engineer.
C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such design professionals, provided Owner and
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Engineer have specified to Contractor all performance and design criteria that such services must
satisfy.
D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. Engineer’s
review and approval of Shop Drawings and other submittals (except design calculations and design
drawings) will be only for the purpose stated in Paragraph 6.17.D.1.
E. Contractor shall not be responsible for the adequacy of the performance or design criteria required
by the Contract Documents.
ARTICLE 7 – OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the Project at the Site with Owner’s employees, or
through other direct contracts therefor, or have other work performed by utility owners. If such
other work is not noted in the Contract Documents, then:
1. written notice thereof will be given to Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times that should be allowed as a
result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe
access to the Site, provide a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such other work, and properly coordinate the Work with theirs.
Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly
connect or otherwise make its several parts come together and properly integrate with such other
work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise
altering such work; provided, however, that Contractor may cut or alter others' work with the
written consent of Engineer and the others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable provisions for the benefit of Contractor in
said direct contracts between Owner and such utility owners and other contractors.
C. If the proper execution or results of any part of Contractor’s Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s
failure to so report will constitute an acceptance of such other work as fit and proper for integration
with Contractor’s Work except for latent defects and deficiencies in such other work.
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7.02 Coordination
A. If Owner intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor
is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by
Contractor as a result of the other contractor’s wrongful actions or inactions.
C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for
the reasonable direct delay and disruption costs incurred by such other contractor as a result of
Contractor’s wrongful action or inactions.
ARTICLE 8 – OWNER’S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status under the Contract Documents shall be
that of the former Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C
and 14.07.C.
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8.05 Lands and Easements; Reports and Tests
A. Owner’s duties with respect to providing lands and easements and providing engineering surveys
to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to
Owner’s identifying and making available to Contractor copies of reports of explorations and tests
of subsurface conditions and drawings of physical conditions relating to existing surface or
subsurface structures at the Site.
8.06 Insurance
A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property
insurance are set forth in Article 5.
8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in
Paragraph 13.03.B.
8.09 Limitations on Owner’s Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Owner will not be responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner’s obligations under the Contract Documents.
8.12 Compliance with Safety Program
A. While at the Site, Owner’s employees and representatives shall comply with the specific
applicable requirements of Contractor’s safety programs of which Owner has been informed
pursuant to Paragraph 6.13.D.
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ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION
9.01 Owner’s Representative
A. Engineer will be Owner’s representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner’s representative during
construction are set forth in the Contract Documents.
9.02 Visits to Site
A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction
as Engineer deems necessary in order to observe as an experienced and qualified design
professional the progress that has been made and the quality of the various aspects of Contractor’s
executed Work. Based on information obtained during such visits and observations, Engineer, for
the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the
Contract Documents. Engineer will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward
providing for Owner a greater degree of confidence that the completed Work will conform
generally to the Contract Documents. On the basis of such visits and observations, Engineer will
keep Owner informed of the progress of the Work and will endeavor to guard Owner against
defective Work.
B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and
responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result
of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct,
control, or have authority over or be responsible for Contractor’s means, methods, techniques,
sequences, or procedures of construction, or the safety precautions and programs incident thereto,
or for any failure of Contractor to comply with Laws and Regulations applicable to the
performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the Work. The authority and responsibilities
of any such Resident Project Representative and assistants will be as provided in the
Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in
Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site
who is not Engineer’s consultant, agent or employee, the responsibilities and authority and
limitations thereon of such other individual or entity will be as provided in the Supplementary
Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Times and
are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on Owner and also on Contractor, who shall perform the Work involved promptly. If
Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or
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Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or
extent, if any, of any such adjustment, a Claim may be made therefor as provided in
Paragraph 10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject Work which Engineer believes to be defective, or that
Engineer believes will not produce a completed Project that conforms to the Contract Documents
or that will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated by the Contract Documents. Engineer will also have authority to require special
inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is
fabricated, installed, or completed.
9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and
Samples, see Paragraph 6.17.
B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and
design drawings submitted in response to a delegation of professional design services, if any, see
Paragraph 6.21.
C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer’s authority as to Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on
such matters before rendering a written decision thereon (by recommendation of an Application
for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except
as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner
and Contractor, subject to the provisions of Paragraph 10.05.
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work
A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. All matters in question and other matters between
Owner and Contractor arising prior to the date final payment is due relating to the acceptability of
the Work, and the interpretation of the requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to Engineer in writing within 30 days of the
event giving rise to the question.
B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If
Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract
Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of
Engineer’s decision shall be the date of the event giving rise to the issues referenced for the
purposes of Paragraph 10.05.B.
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C. Engineer’s written decision on the issue referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show
partiality to Owner or Contractor and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity.
9.09 Limitations on Engineer’s Authority and Responsibilities
A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of
the Contract Documents nor any decision made by Engineer in good faith either to exercise or not
exercise such authority or responsibility or the undertaking, exercise, or performance of any
authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract,
tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or agent of any of them.
B. Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Engineer will not be responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other individual or entity performing any of the Work.
D. Engineer’s review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection,
tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will
only be to determine generally that their content complies with the requirements of, and in the case
of certificates of inspections, tests, and approvals that the results certified indicate compliance
with, the Contract Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply
to the Resident Project Representative, if any, and assistants, if any.
9.10 Compliance with Safety Program
A. While at the Site, Engineer’s employees and representatives shall comply with the specific
applicable requirements of Contractor’s safety programs of which Engineer has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 10 – CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a
Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed
with the Work involved which will be performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
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B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any,
of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a
result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05.
10.02 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Times with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in
Paragraph 13.04.D.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer
covering:
1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s
correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Times which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed in accordance with a
Work Change Directive; and
3. changes in the Contract Price or Contract Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing
any such Change Order, an appeal may be taken from any such decision in accordance with
the provisions of the Contract Documents and applicable Laws and Regulations, but during
any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as
provided in Paragraph 6.18.A.
10.04 Notification to Surety
A. If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any
such change.
10.05 Claims
A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A decision by Engineer shall be required as a
condition precedent to any exercise by Owner or Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by Laws and Regulations in respect of such
Claims.
B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant
to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after
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the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with
the party making the Claim. Notice of the amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to the Contract within 60 days after the start
of such event (unless Engineer allows additional time for claimant to submit additional or more
accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be
prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in
Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each
Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the
entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing
party shall submit any response to Engineer and the claimant within 30 days after receipt of the
claimant’s last submittal (unless Engineer allows additional time).
C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the opposing party, if any, take one of the
following actions in writing:
1. deny the Claim in whole or in part;
2. approve the Claim; or
3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole
discretion, it would be inappropriate for the Engineer to do so. For purposes of further
resolution of the Claim, such notice shall be deemed a denial.
D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or
10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke
the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial.
F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment
in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in the
Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in
writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of
the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include
only the following items:
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1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work
under schedules of job classifications agreed upon by Owner and Contractor. Such employees
shall include, without limitation, superintendents, foremen, and other personnel employed full
time on the Work. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not
be limited to, salaries and wages plus the cost of fringe benefits, which shall include social
security contributions, unemployment, excise, and payroll taxes, workers’ compensation,
health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable
thereto. The expenses of performing Work outside of regular working hours, on Saturday,
Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers’ field services required in connection
therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with
Contractor with which to make payments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and
equipment shall accrue to Owner, and Contractor shall make provisions so that they may be
obtained.
3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable
to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with
the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s
Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the
Work and fee as provided in this Paragraph 11.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost, less
market value, of such items used but not consumed which remain the property of
Contractor.
c. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by Owner with
the advice of Engineer, and the costs of transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs shall be in accordance with the terms of
said rental agreements. The rental of any such equipment, machinery, or parts shall cease
when the use thereof is no longer necessary for the Work.
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d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor
is liable, as imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or for whose acts any of them may be liable,
and royalty payments and fees for permits and licenses.
f. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work (except losses and damages within the deductible amounts of
property insurance established in accordance with Paragraph 5.06.D), provided such losses
and damages have resulted from causes other than the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable. Such losses shall include settlements made with the written
consent and approval of Owner. No such losses, damages, and expenses shall be included
in the Cost of the Work for the purpose of determining Contractor’s fee.
g. The cost of utilities, fuel, and sanitary facilities at the Site.
h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
Site, express and courier services, and similar petty cash items in connection with the
Work.
i. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor’s principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the Contractor’s fee.
2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the
Site.
3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed
for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not limited
to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and
making good any damage to property.
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5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.01.A.
C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of
Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to
Engineer an itemized cost breakdown together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be performed for such sums and by
such persons or entities as may be acceptable to Owner and Engineer.
B. Cash Allowances:
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in the
Contract Price and not in the allowances, and no demand for additional payment on
account of any of the foregoing will be valid.
C. Contingency Allowance:
1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances, and the
Contract Price shall be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the estimated
quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
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actual quantities and classifications of Unit Price Work performed by Contractor will be made by
Engineer subject to the provisions of Paragraph 9.07.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor’s overhead and profit for each separately identified item.
D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance
with Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work; and
3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of
having incurred additional expense or Owner believes that Owner is entitled to a decrease in
Contract Price and the parties are unable to agree as to the amount of any such increase or
decrease.
ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted by the party making the Claim to the
Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the
Contract Price will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the provisions
of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include an allowance for overhead and profit not
necessarily in accordance with Paragraph 12.01.C.2); or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the
Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for
overhead and profit (determined as provided in Paragraph 12.01.C).
C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
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a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be
15 percent;
b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent;
c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and
no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that
the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of
15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and
11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of
five percent of the amount paid to the next lower tier Subcontractor;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4,
11.01.A.5, and 11.01.B;
e. the amount of credit to be allowed by Contractor to Owner for any change which results
in a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and
f. when both additions and credits are involved in any one change, the adjustment in
Contractor’s fee shall be computed on the basis of the net change in accordance with
Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.
12.02 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the
Contract Times shall be based on written notice submitted by the party making the Claim to the
Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05.
B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment
in the Contract Times will be determined in accordance with the provisions of this Article 12.
12.03 Delays
A. Where Contractor is prevented from completing any part of the Work within the Contract Times
due to delay beyond the control of Contractor, the Contract Times will be extended in an amount
equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph
12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or
neglect by Owner, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or
interferes with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement
to an adjustment of the Contract Times is conditioned on such adjustment being essential to
Contractor’s ability to complete the Work within the Contract Times.
C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,
abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the
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control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,
then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment
is essential to Contractor’s ability to complete the Work within the Contract Times. Such an
adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this
Paragraph 12.03.C.
D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants,
or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor
on or in connection with any other project or anticipated project.
E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be
given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this
Article 13.
13.02 Access to Work
A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent
testing laboratories, and governmental agencies with jurisdictional interests will have access to the
Site and the Work at reasonable times for their observation, inspection, and testing. Contractor
shall provide them proper and safe conditions for such access and advise them of Contractor’s
safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. Owner shall employ and pay for the services of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract Documents except:
1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph
13.04.B shall be paid as provided in Paragraph 13.04.C; and
3. as otherwise specifically provided in the Contract Documents.
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C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an employee or other representative of such
public body, Contractor shall assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of
materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in
the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to
Owner and Engineer.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,
uncover such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless
Contractor has given Engineer timely notice of Contractor’s intention to cover the same and
Engineer has not acted with reasonable promptness in response to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense.
B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise
make available for observation, inspection, or testing as Engineer may require, that portion of the
Work in question, furnishing all necessary labor, material, and equipment.
C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of
work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05.
D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the
parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
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13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed Work will
conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion
thereof, until the cause for such order has been eliminated; however, this right of Owner to stop
the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit
of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for,
or employee or agent of any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or
not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it
from the Project and replace it with Work that is not defective. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute resolution
costs) arising out of or relating to such correction or removal (including but not limited to all costs
of repair or replacement of work of others).
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair Owner’s special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within one year after the date of Substantial Completion (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents) or by any specific provision of the Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for Contractor’s use
by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to
be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s
written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by Owner, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an
emergency where delay would cause serious risk of loss or damage, Owner may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute resolution
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costs) arising out of or relating to such correction or repair or such removal and replacement
(including but not limited to all costs of repair or replacement of work of others) will be paid by
Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction period for that item may start to run
from an earlier date if so provided in the Specifications.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to
such Work will be extended for an additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and,
prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may
do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and
determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness) and for the diminished value of the Work to the extent not otherwise paid by
Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s
recommendation of final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an
appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.
If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by Contractor to Owner.
13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective
Work, or to remove and replace rejected Work as required by Engineer in accordance with
Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, take possession of Contractor’s tools, appliances,
construction equipment and machinery at the Site, and incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees,
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Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable
Owner to exercise the rights and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this
Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable
to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in
Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs
of repair, or replacement of work of others destroyed or damaged by correction, removal, or
replacement of Contractor’s defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies
under this Paragraph 13.09.
ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for
progress payments and will be incorporated into a form of Application for Payment acceptable to
Engineer. Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.02 Progress Payments
A. Applications for Payments:
1. At least 20 days before the date established in the Agreement for each progress payment (but
not more often than once a month), Contractor shall submit to Engineer for review an
Application for Payment filled out and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested on the basis of materials and
equipment not incorporated in the Work but delivered and suitably stored at the Site or at
another location agreed to in writing, the Application for Payment shall also be accompanied
by a bill of sale, invoice, or other documentation warranting that Owner has received the
materials and equipment free and clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance or other arrangements to protect
Owner’s interest therein, all of which must be satisfactory to Owner.
2. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payments received on account of the
Work have been applied on account to discharge Contractor’s legitimate obligations associated
with prior Applications for Payment.
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3. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review of Applications:
1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment and present the Application to Owner or return the
Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend
payment. In the latter case, Contractor may make the necessary corrections and resubmit the
Application.
2. Engineer’s recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner, based on Engineer’s observations of the
executed Work as an experienced and qualified design professional, and on Engineer’s review
of the Application for Payment and the accompanying data and schedules, that to the best of
Engineer’s knowledge, information and belief:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, the results of any subsequent tests called for in the Contract Documents, a
final determination of quantities and classifications for Unit Price Work under Paragraph
9.07, and any other qualifications stated in the recommendation); and
c. the conditions precedent to Contractor’s being entitled to such payment appear to have
been fulfilled in so far as it is Engineer’s responsibility to observe the Work.
3. By recommending any such payment Engineer will not thereby be deemed to have represented
that:
a. inspections made to check the quality or the quantity of the Work as it has been performed
have been exhaustive, extended to every aspect of the Work in progress, or involved
detailed inspections of the Work beyond the responsibilities specifically assigned to
Engineer in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.
4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments
nor Engineer’s recommendation of any payment, including final payment, will impose
responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or
c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s
performance of the Work, or
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d. to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work, materials, or equipment has passed to Owner
free and clear of any Liens.
5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s
opinion, it would be incorrect to make the representations to Owner stated in
Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because
of subsequently discovered evidence or the results of subsequent inspections or tests, revise or
revoke any such payment recommendation previously made, to such extent as may be
necessary in Engineer’s opinion to protect Owner from loss because:
a. the Work is defective, or completed Work has been damaged, requiring correction or
replacement;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due:
1. Ten days after presentation of the Application for Payment to Owner with Engineer’s
recommendation, the amount recommended will (subject to the provisions of Paragraph
14.02.D) become due, and when due will be paid by Owner to Contractor.
D. Reduction in Payment:
1. Owner may refuse to make payment of the full amount recommended by Engineer because:
a. claims have been made against Owner on account of Contractor’s performance or
furnishing of the Work;
b. Liens have been filed in connection with the Work, except where Contractor has delivered
a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;
c. there are other items entitling Owner to a set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.
2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will
give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such
action and promptly pay Contractor any amount remaining after deduction of the amount so
withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment
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thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such
action.
3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the
amount wrongfully withheld shall be treated as an amount due as determined by Paragraph
14.02.C.1 and subject to interest as provided in the Agreement.
14.03 Contractor’s Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to Owner no later
than the time of payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify
Owner and Engineer in writing that the entire Work is substantially complete (except for items
specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of
Substantial Completion.
B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of completion. If Engineer does not consider the
Work substantially complete, Engineer will notify Contractor in writing giving the reasons
therefor.
C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the date of Substantial Completion. There
shall be attached to the certificate a tentative list of items to be completed or corrected before final
payment. Owner shall have seven days after receipt of the tentative certificate during which to
make written objection to Engineer as to any provisions of the certificate or attached list. If, after
considering such objections, Engineer concludes that the Work is not substantially complete,
Engineer will, within 14 days after submission of the tentative certificate to Owner, notify
Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections,
Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute
and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or corrected) reflecting such changes from the
tentative certificate as Engineer believes justified after consideration of any objections from
Owner.
D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver
to Owner and Contractor a written recommendation as to division of responsibilities pending final
payment between Owner and Contractor with respect to security, operation, safety, and protection
of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner
and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s
issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation
will be binding on Owner and Contractor until final payment.
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E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property and complete
or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been identified in the Contract Documents, or
which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part
of the Work that can be used by Owner for its intended purpose without significant interference
with Contractor’s performance of the remainder of the Work, subject to the following conditions:
1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any
such part of the Work which Owner believes to be ready for its intended use and substantially
complete. If and when Contractor agrees that such part of the Work is substantially complete,
Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D
for that part of the Work.
2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers
any such part of the Work ready for its intended use and substantially complete and request
Engineer to issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to determine its status of completion. If Engineer
does not consider that part of the Work to be substantially complete, Engineer will notify
Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of
the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with
respect to certification of Substantial Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
4. No use or occupancy or separate operation of part of the Work may occur prior to compliance
with the requirements of Paragraph 5.10 regarding property insurance.
14.06 Final Inspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete,
Engineer will promptly make a final inspection with Owner and Contractor and will notify
Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete
or defective. Contractor shall immediately take such measures as are necessary to complete such
Work or remedy such deficiencies.
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14.07 Final Payment
A. Application for Payment:
1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract
Documents, all maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance, certificates of inspection, marked-up record
documents (as provided in Paragraph 6.12), and other documents, Contractor may make
application for final payment following the procedure for progress payments.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.04.B.6;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that Contractor believes are unsettled; and
d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights
arising out of or Liens filed in connection with the Work.
3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved
by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor
that: (i) the releases and receipts include all labor, services, material, and equipment for which
a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness
connected with the Work for which Owner might in any way be responsible, or which might
in any way result in liens or other burdens on Owner's property, have been paid or otherwise
satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full,
Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner
against any Lien.
B. Engineer’s Review of Application and Acceptance:
1. If, on the basis of Engineer’s observation of the Work during construction and final inspection,
and Engineer’s review of the final Application for Payment and accompanying documentation
as required by the Contract Documents, Engineer is satisfied that the Work has been completed
and Contractor’s other obligations under the Contract Documents have been fulfilled,
Engineer will, within ten days after receipt of the final Application for Payment, indicate in
writing Engineer’s recommendation of payment and present the Application for Payment to
Owner for payment. At the same time Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise,
Engineer will return the Application for Payment to Contractor, indicating in writing the
reasons for refusing to recommend final payment, in which case Contractor shall make the
necessary corrections and resubmit the Application for Payment.
C. Payment Becomes Due:
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1. Thirty days after the presentation to Owner of the Application for Payment and accompanying
documentation, the amount recommended by Engineer, less any sum Owner is entitled to set
off against Engineer’s recommendation, including but not limited to liquidated damages, will
become due and will be paid by Owner to Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment
(for Work fully completed and accepted) and recommendation of Engineer, 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 to be held by Owner for Work not fully
completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have
been furnished as required in Paragraph 5.01, 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
Contractor to Engineer with the Application for such payment. Such payment shall be made under
the terms and conditions governing final payment, except that it shall not constitute a waiver of
Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled
Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from
failure to comply with the Contract Documents or the terms of any special guarantees specified
therein, or from Contractor’s continuing obligations under the Contract Documents; and
2. a waiver of all Claims by Contractor against Owner other than those previously made in
accordance with the requirements herein and expressly acknowledged by Owner in writing as
still unsettled.
ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period
of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will
fix the date on which Work will be resumed. Contractor shall resume the Work on the date so
fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the
Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim
therefor as provided in Paragraph 10.05.
15.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the following events will justify termination for cause:
1. Contractor’s persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
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suitable materials or equipment or failure to adhere to the Progress Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);
2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor’s repeated disregard of the authority of Engineer; or
4. Contractor’s violation in any substantial way of any provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its intent to terminate the services of
Contractor:
1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s
tools, appliances, construction equipment, and machinery at the Site, and use the same to the
full extent they could be used by Contractor (without liability to Contractor for trespass or
conversion);
2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has
paid Contractor but which are stored elsewhere; and
3. complete the Work as Owner may deem expedient.
C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive
any further payment until the Work is completed. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess
will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance,
Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by
Owner will be reviewed by Engineer as to their reasonableness and, when so approved by
Engineer, incorporated in a Change Order. When exercising any rights or remedies under this
Paragraph, Owner shall not be required to obtain the lowest price for the Work performed.
D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if
Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure
to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
E. Where Contractor’s services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
F. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of
Paragraphs 15.02.B and 15.02.C.
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15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such case,
Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior to
the effective date of termination, including fair and reasonable sums for overhead and profit
on such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead and profit on such
expenses;
3. all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors,
Suppliers, and others; and
4. reasonable expenses directly attributable to termination.
B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic
loss arising out of or resulting from such termination.
15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive
days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on
any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days
to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Contract and recover from Owner payment
on the same terms as provided in Paragraph 15.03.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer
has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has
failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven
days after written notice to Owner and Engineer, stop the Work until payment is made of all such
amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not
intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in
Contract Price or Contract Times or otherwise for expenses or damage directly attributable to
Contractor’s stopping the Work as permitted by this Paragraph.
ARTICLE 16 – DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision becomes final and binding. The mediation
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will be governed by the Construction Industry Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the Agreement. The request for mediation shall
be submitted in writing to the American Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E.
B. Owner and Contractor shall participate in the mediation process in good faith. The process shall
be concluded within 60 days of filing of the request. The date of termination of the mediation shall
be determined by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial
pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, Owner or Contractor:
1. elects in writing to invoke any dispute resolution process provided for in the Supplementary
Conditions; or
2. agrees with the other party to submit the Claim to another dispute resolution process; or
3. gives written notice to the other party of the intent to submit the Claim to a court of competent
jurisdiction.
ARTICLE 17 – MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address
known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on
a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way
as a limitation of, any rights and remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
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17.04 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given
in accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of
these General Conditions.
SECTION 00800
SUPPLEMENTAL CONDITIONS
Page
1. Supplementary General Conditions to EJCDC No. C-700, 2007 Edition
2. Prevailing Wage Rates
3. Insurance Requirements
Attachment A - Wage Rates and Certificate of Compliance
Attachment B- Notice of Award
Attachment C- Notice to Proceed
Attachment D- Form of Change Order
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AMENDING THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT PREPARED BY ENGINEERS JOINT CONTRACT DOCUMENTS
COMMITTEE
(EJCDC NO. C-700, 2007 EDITION)
(Sub) Paragraph
No.
2.01B Delete this paragraph and substitute the following:
Before any Work at the Site is started, CONTRACTOR shall
deliver to OWNER, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance which OWNER or any
additional insured may reasonably request) which CONTRACTOR
is required to purchase and maintain in accordance with Article 5.
2.03 Delete the last sentence.
3.02A.1 Delete the phrase starting “shall mean” through the end of this
sentence and substitute the following:
shall mean the standard, specification, manual, code, or Laws or
Regulations in effect and applicable at the time in question, except
as may be otherwise specifically stated in the Contract Documents.
3.03A.3 Delete this paragraph and replace with the following:
CONTRACTOR shall be liable to OWNER or ENGINEER for
failure to report any such conflict, error, ambiguity or discrepancy
if CONTRACTOR knew or reasonably should have known
thereof.
4.01A Delete the last sentence.
4.01B Delete this subparagraph in its entirety.
4.03C.3 Delete this subparagraph in its entirety.
4.04B.2 Delete the phrase “or not shown or indicated with reasonable
accuracy” following the word “indicated.” Delete the last
sentence.
4.06C Add the following to the first sentence: “unless CONTRACTOR
caused or contributed to such Hazardous Environmental
Condition.”
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4.06D Delete the last sentence.
4.06E Delete the last sentence.
4.06F Delete the second sentence.
4.06G Delete this subparagraph in its entirety.
4.06H Delete the last sentence.
5.03B Delete this subparagraph in its entirety.
5.04B.7 Insert the following new subparagraph:
7. “all coverage shall be written on an occurrence basis.
5.06A Delete this subparagraph in its entirety and substitute the
following:
Owner may, in its discretion, purchase and maintain property
insurance upon the Work at the Site.
5.06B Delete this subparagraph in its entirety.
5.06D Delete this subparagraph in its entirety and substitute the
following:
The risk of loss within any identified deductible amount will be
borne by CONTRACTOR, Subcontractors, or others suffering any
such loss, and if any of them wishes property insurance coverage
within the limits of such amounts, each may purchase and maintain
it at the purchaser’s own expense.
5.07A Delete all text after the first sentence.
5.07B Delete this subparagraph in its entirety.
5.07C Delete this subparagraph in its entirety.
5.08 Delete this paragraph in its entirety.
5.09 Delete this paragraph in its entirety.
5.10 Delete this paragraph in its entirety and substitute the following:
OWNER may occupy or use a portion of the Work prior to
Substantial Completion.
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6.05A Add the following to the second sentence “, and in accordance with
G.L. c.30, §39M.”
6.06F Insert the following at the beginning of this subparagraph:
“Except as required by and indicated in the specifications and
contract documents pursuant to G.L. c.149, §44F,”
6.07A Delete the second sentence.
6.09C Delete the last sentence.
6.13E Delete the text in parentheses at the end of the first sentence.
6.20A Delete the parenthetical phrase “(other than the Work itself).”
6.20.A Change the phrase “negligent act or omission” to “negligent or
wrongful act or omission.”
7.01.A.2 Delete this subparagraph in its entirety.
7.01.B Delete the last sentence.
7.02 Delete this paragraph in its entirety.
8.02 Delete the phrase “to whom CONTRACTOR makes no reasonable
objection.”
8.07 Delete this paragraph in its entirety.
8.09 Insert the following after the first sentence: “However, the
OWNER shall have the right to direct the CONTRACTOR to
perform the Work according to any sequence schedule set forth in
the Contract Documents or established pursuant thereto.”
9.02B Insert the following at the end of this subparagraph: “However, the
ENGINEER shall have the right to direct the CONTRACTOR to
perform the Work according to any sequence schedule set forth in
the Contract Documents or established pursuant thereto.”
9.03 Delete the last sentence.
9.04 Delete the last sentence.
9.08C Delete the final phrase “subject to the provisions of paragraph
10.05.”
9.09B Insert the following after the first sentence:
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“However, the ENGINEER shall have the right to direct the
CONTRACTOR to perform the Work according to any sequence
schedule set forth in the Contract Documents or established
pursuant thereto.”
10.03A.3 Delete this subparagraph in its entirety.
11.01A.5 Delete subparagraphs a, b, d, e, f, g, and h.
11.02 Delete this paragraph in its entirety.
12.01B.3 Delete the last phrase “(determined as provided in paragraph
12.01.C).”
12.01C.2 Delete this subparagraph in its entirety.
12.03B Delete this subparagraph in its entirety.
12.03F Insert the following new subparagraph:
3. Delays caused by or within the control of the OWNER. In such
event, the CONTRACTOR’S sole remedy shall be an extension of
the Contract Time. Notwithstanding anything to the contrary in
the Contract Documents, Contractor shall not be eligible for any
increase in the Contract Price/Sum on account of any delay in the
work, no matter by whom such delay is caused, and Contractor
shall make no claim for such an increase, whether such claim is
styled as a claim for delay damages, acceleration of work, loss of
production, or otherwise.
13.01 Delete the word “Prompt” at the beginning of the subparagraph.
13.03F Delete the balance of this subparagraph after the words
“CONTRACTOR’s expense.”
13.04D Delete this subparagraph in its entirety.
13.08 Delete the fourth sentence.
13.09C Delete the second sentence.
14.02A.1 Delete the first phrase prior to the words, “Contractor shall” and
substitute in place thereof the following: “On a monthly basis and
in accordance with G.L. c.30, §39G,”.
14.02A.3 Delete this subparagraph and substitute the following: “Retainage
shall be in accordance with G.L. c.30, §39G.
14.02C Delete this subparagraph and substitute the following:
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Payment shall be made in accordance with G.L. c.30, §39G.
14.02D.2 Delete the words “immediate” and “promptly”.
14.02D.3 Delete this subparagraph in its entirety.
14.04C Delete the third sentence and substitute the following:
“OWNER shall review the tentative certificate and make written
objection to ENGINEER as to any provisions of the certificate or
attached list.”
Delete the phrase “within 14 days after submission of the tentative
certificate to OWNER” in the fourth sentence. Delete the phrase
“within said 14 days” in the fifth sentence.
14.05 Delete the phrase “subject to the following conditions” at the end
of the first sentence and delete subparagraphs 1 and 2 in their
entirety.
14.07B.1 Delete the phrase “within ten days after receipt of the final
Application for Payment,” in the first sentence.
14.07C Delete this subparagraph in its entirety and substitute the
following:
Final payment shall be made in accordance with G.L. c.30, §39G.
14.09A.1 Delete this subparagraph in its entirety.
15.01 Delete this subparagraph in its entirety and substitute the
following:
OWNER may suspend the work or any portion thereof in
accordance with G.L. c.30, §39O.
15.03A Delete from subparagraph 1 the phrase “including fair and
reasonable sums for overhead and profit on such Work;” and from
subparagraph 2 the phrase “plus fair and reasonable sums for
overhead and profit on such expenses”; and delete subparagraphs 3
and 4 in their entirety.
15.04B Delete the last sentence.
Brewster Dog Park
Brewster, Massachusetts00800-6
SUPPLEMENTAL CONDITIONS
§ SC 1.1 INTRODUCTION
The following provisions modify, change, delete from or add to Section 00500 Agreement . Where any Subsection
of the Agreement is modified or any Article Paragraph, Subparagraph or Clause thereof is modified or deleted by
these Supplemental Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall
remain in effect.
§ SC 2.1 PREVAILING WAGE
In accordance with General Laws Chapter 149, Section 26 through 27D, the Contractor is obligated to comply with
the prevailing wage rates established by the Commissioner of the Department of Labor and Workforce Development
for mechanics, apprentices, chauffeurs, teamsters and laborers employed on the Project. The sch edule of applicable
prevailing wage rates for the Project, together with a Certificate of Compliance therewith, are set forth in
Attachment A herein.
§ SC 3.1 CONTRACTOR'S LIABILITY INSURANCE
In no case shall the limits of liability be less than the following:
A. 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' 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, and claims insured by usual personal injury liability coverage,
3. Claims for damage because of bodily injury, sickness or disease, or death of any
person other than employees, and claims insured by usual injury liability coverage, and
4. Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting therefore.
B. The insurance required by the above Subparagraph A shall be written for not less than the
following minimum limits of liability:
1. Workers' Compensation:
Statutory
Employers Liability:
$1,000,000.00
2. Comprehensive General Liability:
Each Person/Each Occurrence:
Bodily Injury
$1,000,000.00/$2,000,000.00
Each Occurrence/Aggregate:
Property Damage (X,C, & V Coverage)
$1,000,000.00/$2,000,000.00
3. Comprehensive Automobile Liability:
Each Person/Each Occurrence
Brewster Dog Park
Brewster, Massachusetts00800-7
Bodily Injury/Property Damage, Combined Single Limit
$1,000,000.00/$2,000,000.00
5. Excess Liability on all of the above policies: (Umbrella Form)
$2,000,000.00
6. The Comprehensive General Liability Insurance Policy (Broad Form) shall
include coverage for Premises-Operations, Independent CONTRACTORS, Products
Completed, Operations, and Contractual Liability Coverage to insure the
CONTRACTOR'S assumed liability under Article 60. The policy shall be endorsed to
insure against liability for damage to property by explosion, and for damage to
underground pipes and utilities caused by digging with mechanical equipment (X,C, & U
Coverage).
7. The Comprehensive Automobile Liability Insurance Policy shall be written to
include Owned, Hired and Non-Owned Vehicles and it shall provide Extra Territorial
Coverage.
C. The above insurance policies shall also be subject to the following requirements:
1. Certificates of insurance acceptable to the AWARDING AUTHORITY shall be
addressed to and filed with the AWARDING AUTHORITY prior to commencement of
the Work.
2. All premium costs shall be included in the CONTRACTOR'S bid.
3. All of the above insurance policies shall name the Town of Brewster as an
additional insured.
Brewster Dog Park
Brewster, Massachusetts00800-8
SECTION 00850
Incorporation of Applicable Provisions of the
Massachusetts General Laws
Certain provisions of the Massachusetts General Laws are applicable to Construction contracts
including, but not limited to, those contained in Chapter 30 and Chapter 149. All applicable
provisions of the Massachusetts General Laws are incorporated into the Contract as if fully set
forth herein, and shall prevail over any conflicting provisions of the General or Supplemental
Conditions.
Brewster Dog Park
Brewster, Massachusetts00850-1
"ATTACHMENT A"
[Wage Rates]
501639v2/99999/0003
Brewster Dog Park
Brewster, Massachusetts00850-3
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT
DEPARTMENT OF LABOR STANDARDS
Prevailing Wage Rates
CHARLES D. BAKER
Governor
KARYN E. POLITO
Lt. Governor
As determined by the Director under the provisions of the
Massachusetts General Laws, Chapter 149, Sections 26 to 27H
ROSALIN ACOSTA
Secretary
WILLIAM D MCKINNEY
Director
Awarding Authority: Town of Brewster
Contract Number: City/Town: BREWSTER
Description of Work: Municipal Dog Park Construction - Land clearing, selective cutting, fencing, paving, concrete flatwork, water
service and planting, associated with the construction of a municipal dog park
Job Location: 631 Harwich Rd
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
Issue Date: 10/01/2019 Wage Request Number: 20191001-019
Classification
Construction
(2 AXLE) DRIVER - EQUIPMENT
TEAMSTERS JOINT COUNCIL NO. 10 ZONE B
(3 AXLE) DRIVER - EQUIPMENT
TEAMSTERS JOINT COUNCIL NO. 10 ZONE B
(4 & 5 AXLE) DRIVER - EQUIPMENT
TEAMSTERS JOINT COUNCIL NO. 10 ZONE B
ADS/SUBMERSIBLE PILOT
PILE DRIVER LOCAL 56 (ZONE 2)
For apprentice rates see "Apprentice- PILE DRIVER"
AIR TRACK OPERATOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
ASBESTOS REMOVER - PIPE / MECH. EQUIPT.
HEAT & FROST INSULATORS LOCAL 6 (BOSTON)
ASPHALT RAKER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
08/01/2019 $34.25 $12.41 $12.70 $0.00
12/01/2019 $34.25 $12.41 $13.72 $0.00
06/01/2020 $35.15 $12.41 $13.72 $0.00
08/01/2020 $35.15 $12.91 $13.72 $0.00
12/01/2020 $35.15 $12.91 $14.82 $0.00
06/01/2021 $35.95 $12.91 $14.82 $0.00
08/01/2021 $35.95 $13.41 $14.82 $0.00
12/01/2021 $35.95 $13.41 $16.01 $0.00
08/01/2019 $34.32 $12.41 $12.70 $0.00
12/01/2019 $34.32 $12.41 $13.72 $0.00
06/01/2020 $35.22 $12.41 $13.72 $0.00
08/01/2020 $35.22 $12.91 $13.72 $0.00
12/01/2020 $35.22 $12.91 $14.82 $0.00
06/01/2021 $36.02 $12.91 $14.82 $0.00
08/01/2021 $36.02 $13.41 $14.82 $0.00
12/01/2021 $36.02 $13.41 $16.01 $0.00
08/01/2019 $34.44 $12.41 $12.70 $0.00
12/01/2019 $34.44 $12.41 $13.72 $0.00
06/01/2020 $35.34 $12.41 $13.72 $0.00
08/01/2020 $35.34 $12.91 $13.72 $0.00
12/01/2020 $35.34 $12.91 $14.82 $0.00
06/01/2021 $36.14 $12.91 $14.82 $0.00
08/01/2021 $36.14 $13.41 $14.82 $0.00
12/01/2021 $36.14 $13.41 $16.01 $0.00
08/01/2019 $102.78 $9.90 $21.15 $0.00
06/01/2019 $34.70 $7.85 $14.88 $0.00
12/01/2019 $35.56 $7.85 $14.88 $0.00
06/01/2020 $36.45 $7.85 $14.88 $0.00
12/01/2020 $37.34 $7.85 $14.88 $0.00
06/01/2021 $38.26 $7.85 $14.88 $0.00
12/01/2021 $39.17 $7.85 $14.88 $0.00
06/01/2019 $36.00 $12.50 $8.85 $0.00
12/01/2019 $37.00 $12.50 $8.85 $0.00
06/01/2020 $38.00 $12.50 $8.85 $0.00
12/01/2020 $39.00 $12.50 $8.85 $0.00
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
Total Rate
$59.36
$60.38
$61.28
$61.78
$62.88
$63.68
$64.18
$65.37
$59.43
$60.45
$61.35
$61.85
$62.95
$63.75
$64.25
$65.44
$59.55
$60.57
$61.47
$61.97
$63.07
$63.87
$64.37
$65.56
$133.83
$57.43
$58.29
$59.18
$60.07
$60.99
$61.90
$57.35
$58.35
$59.35
$60.35
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 2 of 41
Effective Date Base Wage Health Pension Supplemental
Unemployment
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
ASPHALT/CONCRETE/CRUSHER PLANT-ON SITE
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
BACKHOE/FRONT-END LOADER
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
BARCO-TYPE JUMPING TAMPER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
BLOCK PAVER, RAMMER / CURB SETTER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
BOILER MAKER
BOILERMAKERS LOCAL 29
06/01/2019 $48.18 $12.00 $15.60 $0.00
12/01/2019 $49.33 $12.00 $15.60 $0.00
06/01/2020 $50.43 $12.00 $15.60 $0.00
12/01/2020 $51.58 $12.00 $15.60 $0.00
06/01/2021 $52.68 $12.00 $15.60 $0.00
12/01/2021 $53.83 $12.00 $15.60 $0.00
06/01/2019 $48.18 $12.00 $15.60 $0.00
12/01/2019 $49.33 $12.00 $15.60 $0.00
06/01/2020 $50.43 $12.00 $15.60 $0.00
12/01/2020 $51.58 $12.00 $15.60 $0.00
06/01/2021 $52.68 $12.00 $15.60 $0.00
12/01/2021 $53.83 $12.00 $15.60 $0.00
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
06/01/2019 $34.70 $7.85 $14.88 $0.00
12/01/2019 $35.56 $7.85 $14.88 $0.00
06/01/2020 $36.45 $7.85 $14.88 $0.00
12/01/2020 $37.34 $7.85 $14.88 $0.00
06/01/2021 $38.26 $7.85 $14.88 $0.00
12/01/2021 $39.17 $7.85 $14.88 $0.00
01/01/2019 $44.71 $7.07 $17.72 $0.00
01/01/2020 $46.10 $7.07 $17.98 $0.00
$75.78
$76.93
$78.03
$79.18
$80.28
$81.43
$75.78
$76.93
$78.03
$79.18
$80.28
$81.43
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
$57.43
$58.29
$59.18
$60.07
$60.99
$61.90
$69.50
$71.15
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 3 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
BRICK/STONE/ARTIFICIAL MASONRY (INCL. MASONRY
WATERPROOFING)
BRICKLAYERS LOCAL 3 (NEW BEDFORD)
08/01/2019 $54.40 $10.75 $21.30 $0.00
02/01/2020 $55.04 $10.75 $21.30 $0.00
08/01/2020 $56.39 $10.75 $21.45 $0.00
02/01/2021 $57.03 $10.75 $21.45 $0.00
08/01/2021 $58.43 $10.75 $21.61 $0.00
02/01/2022 $59.02 $10.75 $21.61 $0.00
$86.45
$87.09
$88.59
$89.23
$90.79
$91.38
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 4 of 41
BOILERMAKER - Local 29Apprentice -
01/01/2019Effective Date -
Step percent Apprentice Base Wage
1 65
2 65
3 70
4 75
5 80
6 85
7 90
8 95
01/01/2020Effective Date -
Step percent Apprentice Base Wage
1 65
2 65
3 70
4 75
5 80
6 85
7 90
8 95
Notes:
Apprentice to Journeyworker Ratio:1:4
Supplemental
UnemploymentHealth Pension Total Rate
$29.06 $7.07 $11.52 $0.00 $47.65
$29.06 $7.07 $11.52 $0.00 $47.65
$31.30 $7.07 $12.40 $0.00 $50.77
$33.53 $7.07 $13.30 $0.00 $53.90
$35.77 $7.07 $14.18 $0.00 $57.02
$38.00 $7.07 $15.07 $0.00 $60.14
$40.24 $7.07 $15.95 $0.00 $63.26
$42.47 $7.07 $16.84 $0.00 $66.38
Supplemental
UnemploymentHealth Pension Total Rate
$29.97 $7.07 $11.69 $0.00 $48.73
$29.97 $7.07 $11.69 $0.00 $48.73
$32.27 $7.07 $12.59 $0.00 $51.93
$34.58 $7.07 $13.49 $0.00 $55.14
$36.88 $7.07 $14.38 $0.00 $58.33
$39.19 $7.07 $15.29 $0.00 $61.55
$41.49 $7.07 $16.18 $0.00 $64.74
$43.80 $7.07 $17.09 $0.00 $67.96
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
BULLDOZER/GRADER/SCRAPER
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
CAISSON & UNDERPINNING BOTTOM MAN
LABORERS - FOUNDATION AND MARINE
For apprentice rates see "Apprentice- LABORER"
CAISSON & UNDERPINNING LABORER
LABORERS - FOUNDATION AND MARINE
For apprentice rates see "Apprentice- LABORER"
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
06/01/2019 $40.25 $7.85 $16.05 $0.00
12/01/2019 $41.25 $7.85 $16.05 $0.00
06/01/2020 $42.24 $7.85 $16.05 $0.00
12/01/2020 $43.22 $7.85 $16.05 $0.00
06/01/2021 $44.24 $7.85 $16.05 $0.00
12/01/2021 $45.25 $7.85 $16.05 $0.00
06/01/2019 $39.10 $7.85 $16.05 $0.00
12/01/2019 $40.10 $7.85 $16.05 $0.00
06/01/2020 $41.09 $7.85 $16.05 $0.00
12/01/2020 $42.07 $7.85 $16.05 $0.00
06/01/2021 $43.09 $7.85 $16.05 $0.00
12/01/2021 $44.10 $7.85 $16.05 $0.00
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
$64.15
$65.15
$66.14
$67.12
$68.14
$69.15
$63.00
$64.00
$64.99
$65.97
$66.99
$68.00
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 5 of 41
BRICK/PLASTER/CEMENT MASON - Local 3 New BedfordApprentice -
08/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 70
4 80
5 90
02/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 70
4 80
5 90
Notes:
Apprentice to Journeyworker Ratio:1:5
Supplemental
UnemploymentHealth Pension Total Rate
$27.20 $10.75 $21.30 $0.00 $59.25
$32.64 $10.75 $21.30 $0.00 $64.69
$38.08 $10.75 $21.30 $0.00 $70.13
$43.52 $10.75 $21.30 $0.00 $75.57
$48.96 $10.75 $21.30 $0.00 $81.01
Supplemental
UnemploymentHealth Pension Total Rate
$27.52 $10.75 $21.30 $0.00 $59.57
$33.02 $10.75 $21.30 $0.00 $65.07
$38.53 $10.75 $21.30 $0.00 $70.58
$44.03 $10.75 $21.30 $0.00 $76.08
$49.54 $10.75 $21.30 $0.00 $81.59
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
CAISSON & UNDERPINNING TOP MAN
LABORERS - FOUNDATION AND MARINE
For apprentice rates see "Apprentice- LABORER"
CARBIDE CORE DRILL OPERATOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
CARPENTER
CARPENTERS -ZONE 2 (Eastern Massachusetts)
06/01/2019 $39.10 $7.85 $16.05 $0.00
12/01/2019 $40.10 $7.85 $16.05 $0.00
06/01/2020 $41.09 $7.85 $16.05 $0.00
12/01/2020 $42.07 $7.85 $16.05 $0.00
06/01/2021 $43.09 $7.85 $16.05 $0.00
12/01/2021 $44.10 $7.85 $16.05 $0.00
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
09/01/2019 $41.90 $9.40 $18.95 $0.00
03/01/2020 $42.50 $9.40 $18.95 $0.00
09/01/2020 $43.15 $9.40 $18.95 $0.00
03/01/2021 $43.75 $9.40 $18.95 $0.00
09/01/2021 $44.40 $9.40 $18.95 $0.00
03/01/2022 $45.00 $9.40 $18.95 $0.00
09/01/2022 $45.65 $9.40 $18.95 $0.00
03/01/2023 $46.25 $9.40 $18.95 $0.00
$63.00
$64.00
$64.99
$65.97
$66.99
$68.00
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
$70.25
$70.85
$71.50
$72.10
$72.75
$73.35
$74.00
$74.60
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 6 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
CARPENTER WOOD FRAME
CARPENTERS -ZONE 2 (Wood Frame)
All Aspects of New Wood Frame Work
10/01/2019 $27.95 $7.07 $7.86 $0.00 $42.88
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 7 of 41
CARPENTER - Zone 2 Eastern MAApprentice -
Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 70
4 75
5 80
6 80
7 90
8 90
Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 70
4 75
5 80
6 80
7 90
8 90
Notes:
% Indentured After 10/1/17; 45/45/55/55/70/70/80/80
Step 1&2 $29.99/ 3&4 $35.85/ 5&6 $54.22/ 7&8 $60.14
Apprentice to Journeyworker Ratio:1:5
09/01/2019 Supplemental
UnemploymentHealth Pension Total Rate
$20.95 $9.40 $1.73 $0.00 $32.08
$25.14 $9.40 $1.73 $0.00 $36.27
$29.33 $9.40 $13.76 $0.00 $52.49
$31.43 $9.40 $13.76 $0.00 $54.59
$33.52 $9.40 $15.49 $0.00 $58.41
$33.52 $9.40 $15.49 $0.00 $58.41
$37.71 $9.40 $17.22 $0.00 $64.33
$37.71 $9.40 $17.22 $0.00 $64.33
03/01/2020 Supplemental
UnemploymentHealth Pension Total Rate
$21.25 $9.40 $1.73 $0.00 $32.38
$25.50 $9.40 $1.73 $0.00 $36.63
$29.75 $9.40 $13.76 $0.00 $52.91
$31.88 $9.40 $13.76 $0.00 $55.04
$34.00 $9.40 $15.49 $0.00 $58.89
$34.00 $9.40 $15.49 $0.00 $58.89
$38.25 $9.40 $17.22 $0.00 $64.87
$38.25 $9.40 $17.22 $0.00 $64.87
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
CEMENT MASONRY/PLASTERING
BRICKLAYERS LOCAL 3 (NEW BEDFORD)
07/01/2019 $47.67 $12.75 $22.41 $0.62
01/01/2020 $49.07 $12.75 $22.41 $0.62
$83.45
$84.85
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 8 of 41
CARPENTER (Wood Frame) - Zone 2Apprentice -
10/01/2019Effective Date -
Step percent Apprentice Base Wage
1 60
2 60
3 65
4 70
5 75
6 80
7 85
8 90
Notes:
% Indentured After 10/1/17; 45/45/55/55/70/70/80/80
Step 1&2 $19.65/ 3&4 $27.19/ 5&6 $34.50/ 7&8 $37.29
Apprentice to Journeyworker Ratio:1:5
Supplemental
UnemploymentHealth Pension Total Rate
$16.77 $7.07 $0.00 $0.00 $23.84
$16.77 $7.07 $0.00 $0.00 $23.84
$18.17 $7.07 $7.86 $0.00 $33.10
$19.57 $7.07 $7.86 $0.00 $34.50
$20.96 $7.07 $7.86 $0.00 $35.89
$22.36 $7.07 $7.86 $0.00 $37.29
$23.76 $7.07 $7.86 $0.00 $38.69
$25.16 $7.07 $7.86 $0.00 $40.09
CEMENT MASONRY/PLASTERING - Eastern Mass (New Bedford)Apprentice -
07/01/2019Effective Date -Supplemental
UnemploymentStep percent Apprentice Base Wage Health Pension Total Rate
1 50 $23.84 $12.75 $15.41 $0.00 $52.00
2 60 $28.60 $12.75 $17.41 $0.62 $59.38
3 65 $30.99 $12.75 $18.41 $0.62 $62.77
4 70 $33.37 $12.75 $19.41 $0.62 $66.15
5 75 $35.75 $12.75 $20.41 $0.62 $69.53
6 80 $38.14 $12.75 $21.41 $0.62 $72.92
7 90 $42.90 $12.75 $22.41 $0.62 $78.68
01/01/2020Effective Date -Supplemental
UnemploymentStep percent Apprentice Base Wage Health Pension Total Rate
1 50 $24.54 $12.75 $15.41 $0.00 $52.70
2 60 $29.44 $12.75 $17.41 $0.62 $60.22
3 65 $31.90 $12.75 $18.41 $0.62 $63.68
4 70 $34.35 $12.75 $19.41 $0.62 $67.13
5 75 $36.80 $12.75 $20.41 $0.62 $70.58
6 80 $39.26 $12.75 $21.41 $0.62 $74.04
7 90 $44.16 $12.75 $22.41 $0.62 $79.94
Notes:
Steps 3,4 are 500 hrs. All other steps are 1,000 hrs.
Apprentice to Journeyworker Ratio:1:3
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
CHAIN SAW OPERATOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
CLAM SHELLS/SLURRY BUCKETS/HEADING MACHINES
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
COMPRESSOR OPERATOR
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
DELEADER (BRIDGE)
PAINTERS LOCAL 35 - ZONE 2
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
06/01/2019 $49.18 $12.00 $15.60 $0.00
12/01/2019 $50.33 $12.00 $15.60 $0.00
06/01/2020 $51.43 $12.00 $15.60 $0.00
12/01/2020 $52.58 $12.00 $15.60 $0.00
06/01/2021 $53.68 $12.00 $15.60 $0.00
12/01/2021 $54.83 $12.00 $15.60 $0.00
06/01/2019 $32.28 $12.00 $15.60 $0.00
12/01/2019 $33.07 $12.00 $15.60 $0.00
06/01/2020 $33.82 $12.00 $15.60 $0.00
12/01/2020 $34.60 $12.00 $15.60 $0.00
06/01/2021 $35.35 $12.00 $15.60 $0.00
12/01/2021 $36.14 $12.00 $15.60 $0.00
07/01/2019 $50.66 $8.20 $21.45 $0.00
01/01/2020 $50.96 $8.20 $22.10 $0.00
07/01/2020 $52.06 $8.20 $22.10 $0.00
01/01/2021 $53.16 $8.20 $22.10 $0.00
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
$76.78
$77.93
$79.03
$80.18
$81.28
$82.43
$59.88
$60.67
$61.42
$62.20
$62.95
$63.74
$80.31
$81.26
$82.36
$83.46
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 9 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
DEMO: ADZEMAN
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
DEMO: BACKHOE/LOADER/HAMMER OPERATOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
DEMO: BURNERS
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
DEMO: CONCRETE CUTTER/SAWYER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
DEMO: JACKHAMMER OPERATOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
DEMO: WRECKING LABORER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
06/01/2019 $39.30 $7.85 $15.85 $0.00
12/01/2019 $40.30 $7.85 $15.85 $0.00
06/01/2019 $40.30 $7.85 $15.85 $0.00
12/01/2019 $41.30 $7.85 $15.85 $0.00
06/01/2019 $40.05 $7.85 $15.85 $0.00
12/01/2019 $41.05 $7.85 $15.85 $0.00
06/01/2019 $40.30 $7.85 $15.85 $0.00
12/01/2019 $41.30 $7.85 $15.85 $0.00
06/01/2019 $40.05 $7.85 $15.85 $0.00
12/01/2019 $41.05 $7.85 $15.85 $0.00
06/01/2019 $39.30 $7.85 $15.85 $0.00
12/01/2019 $40.30 $7.85 $15.85 $0.00
$63.00
$64.00
$64.00
$65.00
$63.75
$64.75
$64.00
$65.00
$63.75
$64.75
$63.00
$64.00
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 10 of 41
PAINTER Local 35 - BRIDGES/TANKSApprentice -
07/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
01/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
Notes:
Steps are 750 hrs.
Apprentice to Journeyworker Ratio:1:1
Supplemental
UnemploymentHealth Pension Total Rate
$25.33 $8.20 $0.00 $0.00 $33.53
$27.86 $8.20 $5.78 $0.00 $41.84
$30.40 $8.20 $6.30 $0.00 $44.90
$32.93 $8.20 $6.83 $0.00 $47.96
$35.46 $8.20 $18.30 $0.00 $61.96
$38.00 $8.20 $18.83 $0.00 $65.03
$40.53 $8.20 $19.35 $0.00 $68.08
$45.59 $8.20 $20.40 $0.00 $74.19
Supplemental
UnemploymentHealth Pension Total Rate
$25.48 $8.20 $0.00 $0.00 $33.68
$28.03 $8.20 $5.94 $0.00 $42.17
$30.58 $8.20 $6.48 $0.00 $45.26
$33.12 $8.20 $7.02 $0.00 $48.34
$35.67 $8.20 $18.51 $0.00 $62.38
$38.22 $8.20 $19.05 $0.00 $65.47
$40.77 $8.20 $19.59 $0.00 $68.56
$45.86 $8.20 $20.67 $0.00 $74.73
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
DIRECTIONAL DRILL MACHINE OPERATOR
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
DIVER
PILE DRIVER LOCAL 56 (ZONE 2)
For apprentice rates see "Apprentice- PILE DRIVER"
DIVER TENDER
PILE DRIVER LOCAL 56 (ZONE 2)
For apprentice rates see "Apprentice- PILE DRIVER"
DIVER TENDER (EFFLUENT)
PILE DRIVER LOCAL 56 (ZONE 2)
For apprentice rates see "Apprentice- PILE DRIVER"
DIVER/SLURRY (EFFLUENT)
PILE DRIVER LOCAL 56 (ZONE 2)
For apprentice rates see "Apprentice- PILE DRIVER"
ELECTRICIAN
ELECTRICIANS LOCAL 223
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
08/01/2019 $68.52 $9.90 $21.15 $0.00
08/01/2019 $48.94 $9.90 $21.15 $0.00
08/01/2019 $73.41 $9.90 $21.15 $0.00
08/01/2019 $102.78 $9.90 $21.15 $0.00
09/01/2019 $42.26 $10.15 $13.54 $0.00
03/01/2020 $42.87 $10.40 $13.94 $0.00
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
$99.57
$79.99
$104.46
$133.83
$65.95
$67.21
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 11 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
ELEVATOR CONSTRUCTOR
ELEVATOR CONSTRUCTORS LOCAL 4 01/01/2019 $59.47 $15.58 $17.51 $0.00
01/01/2020 $61.42 $15.73 $18.41 $0.00
01/01/2021 $63.47 $15.88 $19.31 $0.00
01/01/2022 $65.62 $16.03 $20.21 $0.00
$92.56
$95.56
$98.66
$101.86
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 12 of 41
ELECTRICIAN - Local 223Apprentice -
Effective Date -
Step percent Apprentice Base Wage
1 40
2 42
3 45
4 48
5 50
6 55
7 60
8 65
9 70
10 75
Effective Date -
Step percent Apprentice Base Wage
1 40
2 42
3 45
4 48
5 50
6 55
7 60
8 65
9 70
10 75
Notes:
Steps are 750 hours
Apprentice to Journeyworker Ratio:2:3***
09/01/2019 Supplemental
UnemploymentHealth Pension Total Rate
$16.90 $10.15 $0.51 $0.00 $27.56
$17.75 $10.15 $0.53 $0.00 $28.43
$19.02 $10.15 $0.57 $0.00 $29.74
$20.28 $10.15 $4.93 $0.00 $35.36
$21.13 $10.15 $4.97 $0.00 $36.25
$23.24 $10.15 $5.33 $0.00 $38.72
$25.36 $10.15 $5.64 $0.00 $41.15
$27.47 $10.15 $5.94 $0.00 $43.56
$29.58 $10.15 $6.25 $0.00 $45.98
$31.70 $10.15 $6.50 $0.00 $48.35
03/01/2020 Supplemental
UnemploymentHealth Pension Total Rate
$17.15 $10.40 $0.51 $0.00 $28.06
$18.01 $10.40 $0.54 $0.00 $28.95
$19.29 $10.40 $0.58 $0.00 $30.27
$20.58 $10.40 $5.22 $0.00 $36.20
$21.44 $10.40 $5.26 $0.00 $37.10
$23.58 $10.40 $5.63 $0.00 $39.61
$25.72 $10.40 $5.93 $0.00 $42.05
$27.87 $10.40 $6.25 $0.00 $44.52
$30.01 $10.40 $6.54 $0.00 $46.95
$32.15 $10.40 $6.79 $0.00 $49.34
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
ELEVATOR CONSTRUCTOR HELPER
ELEVATOR CONSTRUCTORS LOCAL 4
For apprentice rates see "Apprentice - ELEVATOR CONSTRUCTOR"
FENCE & GUARD RAIL ERECTOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
FIELD ENG.INST.PERSON-BLDG,SITE,HVY/HWY
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
01/01/2019 $41.63 $15.58 $17.51 $0.00
01/01/2020 $42.99 $15.73 $18.41 $0.00
01/01/2021 $44.43 $15.88 $19.31 $0.00
01/01/2022 $45.93 $16.03 $20.21 $0.00
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
05/01/2019 $43.68 $11.50 $15.60 $0.00
11/01/2019 $44.68 $11.50 $15.60 $0.00
05/01/2020 $45.83 $11.50 $15.60 $0.00
11/01/2020 $46.83 $11.50 $15.60 $0.00
05/01/2021 $47.98 $11.50 $15.60 $0.00
11/01/2021 $48.98 $11.50 $15.60 $0.00
05/01/2022 $50.13 $11.50 $15.60 $0.00
$74.72
$77.13
$79.62
$82.17
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
$70.78
$71.78
$72.93
$73.93
$75.08
$76.08
$77.23
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 13 of 41
ELEVATOR CONSTRUCTOR - Local 4Apprentice -
01/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 65
4 70
5 80
01/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 65
4 70
5 80
Notes:
Steps 1-2 are 6 mos.; Steps 3-5 are 1 year
Apprentice to Journeyworker Ratio:1:1
Supplemental
UnemploymentHealth Pension Total Rate
$29.74 $15.58 $0.00 $0.00 $45.32
$32.71 $15.58 $17.51 $0.00 $65.80
$38.66 $15.58 $17.51 $0.00 $71.75
$41.63 $15.58 $17.51 $0.00 $74.72
$47.58 $15.58 $17.51 $0.00 $80.67
Supplemental
UnemploymentHealth Pension Total Rate
$30.71 $15.73 $0.00 $0.00 $46.44
$33.78 $15.73 $18.41 $0.00 $67.92
$39.92 $15.73 $18.41 $0.00 $74.06
$42.99 $15.73 $18.41 $0.00 $77.13
$49.14 $15.73 $18.41 $0.00 $83.28
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
FIELD ENG.PARTY CHIEF-BLDG,SITE,HVY/HWY
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
FIELD ENG.ROD PERSON-BLDG,SITE,HVY/HWY
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
FIRE ALARM INSTALLER
ELECTRICIANS LOCAL 223
For apprentice rates see "Apprentice- ELECTRICIAN"
FIRE ALARM REPAIR / MAINTENANCE
/ COMMISSIONING ELECTRICIANS
LOCAL 223
For apprentice rates see "Apprentice- TELECOMMUNICATIONS TECHNICIAN"
FIREMAN (ASST. ENGINEER)
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
FLAGGER & SIGNALER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
FLOORCOVERER
FLOORCOVERERS LOCAL 2168 ZONE II
05/01/2019 $45.17 $11.50 $15.60 $0.00
11/01/2019 $46.18 $11.50 $15.60 $0.00
05/01/2020 $47.33 $11.50 $15.60 $0.00
11/01/2020 $48.34 $11.50 $15.60 $0.00
05/01/2021 $49.50 $11.50 $15.60 $0.00
11/01/2021 $50.51 $11.50 $15.60 $0.00
05/01/2022 $51.67 $11.50 $15.60 $0.00
05/01/2019 $22.48 $11.50 $15.60 $0.00
11/01/2019 $23.07 $11.50 $15.60 $0.00
05/01/2020 $23.74 $11.50 $15.60 $0.00
11/01/2020 $24.33 $11.50 $15.60 $0.00
05/01/2021 $25.01 $11.50 $15.60 $0.00
11/01/2021 $25.61 $11.50 $15.60 $0.00
05/01/2022 $26.28 $11.50 $15.60 $0.00
09/01/2019 $42.26 $10.15 $13.54 $0.00
03/01/2020 $42.87 $10.40 $13.94 $0.00
09/01/2019 $35.78 $10.15 $11.45 $0.00
03/01/2020 $36.27 $10.40 $11.78 $0.00
06/01/2019 $39.54 $12.00 $15.60 $0.00
12/01/2019 $40.49 $12.00 $15.60 $0.00
06/01/2020 $41.40 $12.00 $15.60 $0.00
12/01/2020 $42.35 $12.00 $15.60 $0.00
06/01/2021 $43.26 $12.00 $15.60 $0.00
12/01/2021 $44.21 $12.00 $15.60 $0.00
06/01/2019 $22.50 $7.85 $14.88 $0.00
12/01/2019 $23.50 $7.85 $14.88 $0.00
06/01/2020 $23.50 $7.85 $14.88 $0.00
12/01/2020 $24.50 $7.85 $14.88 $0.00
06/01/2021 $24.50 $7.85 $14.88 $0.00
12/01/2021 $24.50 $7.85 $14.88 $0.00
09/01/2019 $43.94 $9.40 $19.25 $0.00
03/01/2020 $44.74 $9.40 $19.25 $0.00
09/01/2020 $45.54 $9.40 $19.25 $0.00
03/01/2021 $46.34 $9.40 $19.25 $0.00
09/01/2021 $47.14 $9.40 $19.25 $0.00
03/01/2022 $47.94 $9.40 $19.25 $0.00
$72.27
$73.28
$74.43
$75.44
$76.60
$77.61
$78.77
$49.58
$50.17
$50.84
$51.43
$52.11
$52.71
$53.38
$65.95
$67.21
$57.38
$58.45
$67.14
$68.09
$69.00
$69.95
$70.86
$71.81
$45.23
$46.23
$46.23
$47.23
$47.23
$47.23
$72.59
$73.39
$74.19
$74.99
$75.79
$76.59
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 14 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
FORK LIFT/CHERRY PICKER
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
GENERATOR/LIGHTING PLANT/HEATERS
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
GLAZIER (GLASS PLANK/AIR BARRIER/INTERIOR
SYSTEMS)
GLAZIERS LOCAL 1333
06/01/2019 $48.18 $12.00 $15.60 $0.00
12/01/2019 $49.33 $12.00 $15.60 $0.00
06/01/2020 $50.43 $12.00 $15.60 $0.00
12/01/2020 $51.58 $12.00 $15.60 $0.00
06/01/2021 $52.68 $12.00 $15.60 $0.00
12/01/2021 $53.83 $12.00 $15.60 $0.00
06/01/2019 $32.28 $12.00 $15.60 $0.00
12/01/2019 $33.07 $12.00 $15.60 $0.00
06/01/2020 $33.82 $12.00 $15.60 $0.00
12/01/2020 $34.60 $12.00 $15.60 $0.00
06/01/2021 $35.35 $12.00 $15.60 $0.00
12/01/2021 $36.14 $12.00 $15.60 $0.00
06/01/2019 $38.18 $10.60 $9.90 $0.00
06/01/2020 $39.18 $10.80 $10.45 $0.00
$75.78
$76.93
$78.03
$79.18
$80.28
$81.43
$59.88
$60.67
$61.42
$62.20
$62.95
$63.74
$58.68
$60.43
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 15 of 41
FLOORCOVERER - Local 2168 Zone IIApprentice -
09/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 85
03/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 85
Notes: Steps are 750 hrs.
% After 09/1/17; 45/45/55/55/70/70/80/80 (1500hr Steps)
Step 1&2 $30.96/ 3&4 $37.09/ 5&6 $55.83/ 7&8 $62.01
Apprentice to Journeyworker Ratio:1:1
Supplemental
UnemploymentHealth Pension Total Rate
$21.97 $9.40 $1.79 $0.00 $33.16
$24.17 $9.40 $1.79 $0.00 $35.36
$26.36 $9.40 $13.88 $0.00 $49.64
$28.56 $9.40 $13.88 $0.00 $51.84
$30.76 $9.40 $15.67 $0.00 $55.83
$32.96 $9.40 $15.67 $0.00 $58.03
$35.15 $9.40 $17.46 $0.00 $62.01
$37.35 $9.40 $17.46 $0.00 $64.21
Supplemental
UnemploymentHealth Pension Total Rate
$22.37 $9.40 $1.79 $0.00 $33.56
$24.61 $9.40 $1.79 $0.00 $35.80
$26.84 $9.40 $13.88 $0.00 $50.12
$29.08 $9.40 $13.88 $0.00 $52.36
$31.32 $9.40 $15.67 $0.00 $56.39
$33.56 $9.40 $15.67 $0.00 $58.63
$35.79 $9.40 $17.46 $0.00 $62.65
$38.03 $9.40 $17.46 $0.00 $64.89
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
HOISTING ENGINEER/CRANES/GRADALLS
OPERATING ENGINEERS LOCAL 4 06/01/2019 $48.18 $12.00 $15.60 $0.00
12/01/2019 $49.33 $12.00 $15.60 $0.00
06/01/2020 $50.43 $12.00 $15.60 $0.00
12/01/2020 $51.58 $12.00 $15.60 $0.00
06/01/2021 $52.68 $12.00 $15.60 $0.00
12/01/2021 $53.83 $12.00 $15.60 $0.00
$75.78
$76.93
$78.03
$79.18
$80.28
$81.43
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 16 of 41
GLAZIER - Local 1333Apprentice -
06/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 56
3 63
4 69
5 75
6 81
7 88
8 94
06/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 56
3 63
4 69
5 75
6 81
7 88
8 94
Notes:
Apprentice to Journeyworker Ratio:1:3
Supplemental
UnemploymentHealth Pension Total Rate
$19.09 $10.60 $1.80 $0.00 $31.49
$21.48 $10.60 $1.80 $0.00 $33.88
$23.86 $10.60 $2.40 $0.00 $36.86
$26.25 $10.60 $2.40 $0.00 $39.25
$28.64 $10.60 $2.90 $0.00 $42.14
$31.02 $10.60 $2.90 $0.00 $44.52
$33.41 $10.60 $9.90 $0.00 $53.91
$35.79 $10.60 $9.90 $0.00 $56.29
Supplemental
UnemploymentHealth Pension Total Rate
$19.59 $10.80 $1.80 $0.00 $32.19
$22.04 $10.80 $1.80 $0.00 $34.64
$24.49 $10.80 $2.45 $0.00 $37.74
$26.94 $10.80 $2.45 $0.00 $40.19
$29.39 $10.80 $3.15 $0.00 $43.34
$31.83 $10.80 $3.15 $0.00 $45.78
$34.28 $10.80 $10.45 $0.00 $55.53
$36.73 $10.80 $10.45 $0.00 $57.98
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
HVAC (DUCTWORK)
SHEETMETAL WORKERS LOCAL 17 - B
For apprentice rates see "Apprentice- SHEET METAL WORKER"
HVAC (ELECTRICAL CONTROLS)
ELECTRICIANS LOCAL 223
For apprentice rates see "Apprentice- ELECTRICIAN"
HVAC (TESTING AND BALANCING - AIR)
SHEETMETAL WORKERS LOCAL 17 - B
For apprentice rates see "Apprentice- SHEET METAL WORKER"
HVAC (TESTING AND BALANCING -WATER)
PLUMBERS & PIPEFITTERS LOCAL 51
For apprentice rates see "Apprentice- PIPEFITTER" or "PLUMBER/PIPEFITTER"
HVAC MECHANIC
PLUMBERS & PIPEFITTERS LOCAL 51
For apprentice rates see "Apprentice- PIPEFITTER" or "PLUMBER/PIPEFITTER"
04/01/2019 $34.71 $13.20 $16.55 $1.93
09/01/2019 $42.26 $10.15 $13.54 $0.00
03/01/2020 $42.87 $10.40 $13.94 $0.00
04/01/2019 $34.71 $13.20 $16.55 $1.93
09/01/2018 $42.04 $10.00 $18.20 $0.00
09/01/2018 $42.04 $10.00 $18.20 $0.00
$66.39
$65.95
$67.21
$66.39
$70.24
$70.24
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 17 of 41
OPERATING ENGINEERS - Local 4Apprentice -
06/01/2019Effective Date -
Step percent Apprentice Base Wage
1 55
2 60
3 65
4 70
5 75
6 80
7 85
8 90
12/01/2019Effective Date -
Step percent Apprentice Base Wage
1 55
2 60
3 65
4 70
5 75
6 80
7 85
8 90
Notes:
Apprentice to Journeyworker Ratio:1:6
Supplemental
UnemploymentHealth Pension Total Rate
$26.50 $12.00 $0.00 $0.00 $38.50
$28.91 $12.00 $15.60 $0.00 $56.51
$31.32 $12.00 $15.60 $0.00 $58.92
$33.73 $12.00 $15.60 $0.00 $61.33
$36.14 $12.00 $15.60 $0.00 $63.74
$38.54 $12.00 $15.60 $0.00 $66.14
$40.95 $12.00 $15.60 $0.00 $68.55
$43.36 $12.00 $15.60 $0.00 $70.96
Supplemental
UnemploymentHealth Pension Total Rate
$27.13 $12.00 $0.00 $0.00 $39.13
$29.60 $12.00 $15.60 $0.00 $57.20
$32.06 $12.00 $15.60 $0.00 $59.66
$34.53 $12.00 $15.60 $0.00 $62.13
$37.00 $12.00 $15.60 $0.00 $64.60
$39.46 $12.00 $15.60 $0.00 $67.06
$41.93 $12.00 $15.60 $0.00 $69.53
$44.40 $12.00 $15.60 $0.00 $72.00
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
HYDRAULIC DRILLS
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
INSULATOR (PIPES & TANKS)
HEAT & FROST INSULATORS LOCAL 6 (BOSTON)
06/01/2019 $34.70 $7.85 $14.88 $0.00
12/01/2019 $35.56 $7.85 $14.88 $0.00
06/01/2020 $36.45 $7.85 $14.88 $0.00
12/01/2020 $37.34 $7.85 $14.88 $0.00
06/01/2021 $38.26 $7.85 $14.88 $0.00
12/01/2021 $39.17 $7.85 $14.88 $0.00
09/01/2019 $48.44 $12.80 $16.40 $0.00
$57.43
$58.29
$59.18
$60.07
$60.99
$61.90
$77.64
IRONWORKER/WELDER
IRONWORKERS LOCAL 37
09/16/2019 $39.71 $7.70 $17.10 $0.00
03/16/2020 $40.61 $7.70 $17.10 $0.00
09/16/2020 $41.51 $7.70 $17.10 $0.00
03/16/2021 $42.46 $7.70 $17.10 $0.00
$64.51
$65.41
$66.31
$67.26
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 18 of 41
Apprentice -
Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 70
4 80
Notes:
Steps are 1 year
Apprentice to Journeyworker Ratio:1:4
ASBESTOS INSULATOR (Pipes & Tanks) - Local 6 Boston
09/01/2019 Supplemental
UnemploymentHealth Pension Total Rate
$24.22 $12.80 $11.90 $0.00 $48.92
$29.06 $12.80 $12.80 $0.00 $54.66
$33.91 $12.80 $13.70 $0.00 $60.41
$38.75 $12.80 $14.60 $0.00 $66.15
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
JACKHAMMER & PAVING BREAKER OPERATOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
LABORER
LABORERS - ZONE 2
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
06/01/2019 $33.95 $7.85 $14.88 $0.00
12/01/2019 $34.81 $7.85 $14.88 $0.00
06/01/2020 $35.70 $7.85 $14.88 $0.00
12/01/2020 $36.59 $7.85 $14.88 $0.00
06/01/2021 $37.51 $7.85 $14.88 $0.00
12/01/2021 $38.42 $7.85 $14.88 $0.00
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
$56.68
$57.54
$58.43
$59.32
$60.24
$61.15
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 19 of 41
IRONWORKER - Local 37Apprentice -
09/16/2019Effective Date -
Step percent Apprentice Base Wage
1 70
2 75
3 80
4 85
5 90
6 95
03/16/2020Effective Date -
Step percent Apprentice Base Wage
1 70
2 75
3 80
4 85
5 90
6 95
Notes:
Apprentice to Journeyworker Ratio:1:4
Supplemental
UnemploymentHealth Pension Total Rate
$27.80 $7.70 $17.10 $0.00 $52.60
$29.78 $7.70 $17.10 $0.00 $54.58
$31.77 $7.70 $17.10 $0.00 $56.57
$33.75 $7.70 $17.10 $0.00 $58.55
$35.74 $7.70 $17.10 $0.00 $60.54
$37.72 $7.70 $17.10 $0.00 $62.52
Supplemental
UnemploymentHealth Pension Total Rate
$28.43 $7.70 $17.10 $0.00 $53.23
$30.46 $7.70 $17.10 $0.00 $55.26
$32.49 $7.70 $17.10 $0.00 $57.29
$34.52 $7.70 $17.10 $0.00 $59.32
$36.55 $7.70 $17.10 $0.00 $61.35
$38.58 $7.70 $17.10 $0.00 $63.38
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
LABORER: CARPENTER TENDER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
LABORER: CEMENT FINISHER TENDER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
LABORER: HAZARDOUS WASTE/ASBESTOS REMOVER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
LABORER: MASON TENDER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
06/01/2019 $33.95 $7.85 $14.88 $0.00
12/01/2019 $34.81 $7.85 $14.88 $0.00
06/01/2020 $35.70 $7.85 $14.88 $0.00
12/01/2020 $36.59 $7.85 $14.88 $0.00
06/01/2021 $37.51 $7.85 $14.88 $0.00
12/01/2021 $38.42 $7.85 $14.88 $0.00
06/01/2019 $33.95 $7.85 $14.88 $0.00
12/01/2019 $34.81 $7.85 $14.88 $0.00
06/01/2020 $35.70 $7.85 $14.88 $0.00
12/01/2020 $36.59 $7.85 $14.88 $0.00
06/01/2021 $37.51 $7.85 $14.88 $0.00
12/01/2021 $38.42 $7.85 $14.88 $0.00
06/01/2019 $34.15 $7.85 $14.83 $0.00
12/01/2019 $35.01 $7.85 $14.83 $0.00
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
$56.68
$57.54
$58.43
$59.32
$60.24
$61.15
$56.68
$57.54
$58.43
$59.32
$60.24
$61.15
$56.83
$57.69
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 20 of 41
LABORER - Zone 2Apprentice -
06/01/2019Effective Date -
Step percent Apprentice Base Wage
1 60
2 70
3 80
4 90
12/01/2019Effective Date -
Step percent Apprentice Base Wage
1 60
2 70
3 80
4 90
Notes:
Apprentice to Journeyworker Ratio:1:5
Supplemental
UnemploymentHealth Pension Total Rate
$20.37 $7.85 $14.88 $0.00 $43.10
$23.77 $7.85 $14.88 $0.00 $46.50
$27.16 $7.85 $14.88 $0.00 $49.89
$30.56 $7.85 $14.88 $0.00 $53.29
Supplemental
UnemploymentHealth Pension Total Rate
$20.89 $7.85 $14.88 $0.00 $43.62
$24.37 $7.85 $14.88 $0.00 $47.10
$27.85 $7.85 $14.88 $0.00 $50.58
$31.33 $7.85 $14.88 $0.00 $54.06
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
LABORER: MULTI-TRADE TENDER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
LABORER: TREE REMOVER
LABORERS - ZONE 2
06/01/2019 $33.95 $7.85 $14.88 $0.00
12/01/2019 $34.81 $7.85 $14.88 $0.00
06/01/2020 $35.70 $7.85 $14.88 $0.00
12/01/2020 $36.59 $7.85 $14.88 $0.00
06/01/2021 $37.51 $7.85 $14.88 $0.00
12/01/2021 $38.42 $7.85 $14.88 $0.00
06/01/2019 $33.95 $7.85 $14.88 $0.00
12/01/2019 $34.81 $7.85 $14.88 $0.00
06/01/2020 $35.70 $7.85 $14.88 $0.00
12/01/2020 $36.59 $7.85 $14.88 $0.00
06/01/2021 $37.51 $7.85 $14.88 $0.00
12/01/2021 $38.42 $7.85 $14.88 $0.00
$56.68
$57.54
$58.43
$59.32
$60.24
$61.15
$56.68
$57.54
$58.43
$59.32
$60.24
$61.15
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 2
For apprentice rates see "Apprentice- LABORER"
MARBLE & TILE FINISHERS
BRICKLAYERS LOCAL 3 - MARBLE & TILE
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
08/01/2019 $41.49 $10.75 $19.61 $0.00
02/01/2020 $42.00 $10.75 $19.61 $0.00
08/01/2020 $43.08 $10.75 $19.76 $0.00
02/01/2021 $43.59 $10.75 $19.76 $0.00
08/01/2021 $44.71 $10.75 $19.92 $0.00
02/01/2022 $45.18 $10.75 $19.92 $0.00
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
$71.85
$72.36
$73.59
$74.10
$75.38
$75.85
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 21 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
MARBLE MASONS,TILELAYERS & TERRAZZO MECH
BRICKLAYERS LOCAL 3 - MARBLE & TILE
08/01/2019 $54.42 $10.75 $21.30 $0.00
02/01/2020 $55.05 $10.75 $21.30 $0.00
08/01/2020 $56.40 $10.75 $21.45 $0.00
02/01/2021 $57.04 $10.75 $21.45 $0.00
08/01/2021 $58.44 $10.75 $21.61 $0.00
02/01/2022 $59.01 $10.75 $21.61 $0.00
$86.47
$87.10
$88.60
$89.24
$90.80
$91.37
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 22 of 41
MARBLE & TILE FINISHER - Local 3 Marble & TileApprentice -
08/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 70
4 80
5 90
02/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 70
4 80
5 90
Notes:
Apprentice to Journeyworker Ratio:1:3
Supplemental
UnemploymentHealth Pension Total Rate
$20.75 $10.75 $19.61 $0.00 $51.11
$24.89 $10.75 $19.61 $0.00 $55.25
$29.04 $10.75 $19.61 $0.00 $59.40
$33.19 $10.75 $19.61 $0.00 $63.55
$37.34 $10.75 $19.61 $0.00 $67.70
Supplemental
UnemploymentHealth Pension Total Rate
$21.00 $10.75 $19.61 $0.00 $51.36
$25.20 $10.75 $19.61 $0.00 $55.56
$29.40 $10.75 $19.61 $0.00 $59.76
$33.60 $10.75 $19.61 $0.00 $63.96
$37.80 $10.75 $19.61 $0.00 $68.16
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
MECH. SWEEPER OPERATOR (ON CONST. SITES)
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
MECHANICS MAINTENANCE
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
MILLWRIGHT (Zone 2)
MILLWRIGHTS LOCAL 1121 - Zone 2
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
04/01/2019 $38.87 $9.90 $18.50 $0.00
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
$67.27
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 23 of 41
MARBLE-TILE-TERRAZZO MECHANIC - Local 3 Marble & TileApprentice -
08/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 70
4 80
5 90
02/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 70
4 80
5 90
Notes:
Apprentice to Journeyworker Ratio:1:5
Supplemental
UnemploymentHealth Pension Total Rate
$27.21 $10.75 $21.30 $0.00 $59.26
$32.65 $10.75 $21.30 $0.00 $64.70
$38.09 $10.75 $21.30 $0.00 $70.14
$43.54 $10.75 $21.30 $0.00 $75.59
$48.98 $10.75 $21.30 $0.00 $81.03
Supplemental
UnemploymentHealth Pension Total Rate
$27.53 $10.75 $21.30 $0.00 $59.58
$33.03 $10.75 $21.30 $0.00 $65.08
$38.54 $10.75 $21.30 $0.00 $70.59
$44.04 $10.75 $21.30 $0.00 $76.09
$49.55 $10.75 $21.30 $0.00 $81.60
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
MORTAR MIXER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
OILER (OTHER THAN TRUCK CRANES,GRADALLS)
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
OILER (TRUCK CRANES, GRADALLS)
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
OTHER POWER DRIVEN EQUIPMENT - CLASS II
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
PAINTER (BRIDGES/TANKS)
PAINTERS LOCAL 35 - ZONE 2
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
06/01/2019 $23.11 $12.00 $15.60 $0.00
12/01/2019 $23.68 $12.00 $15.60 $0.00
06/01/2020 $24.23 $12.00 $15.60 $0.00
12/01/2020 $24.80 $12.00 $15.60 $0.00
06/01/2021 $25.35 $12.00 $15.60 $0.00
12/01/2021 $25.93 $12.00 $15.60 $0.00
06/01/2019 $27.57 $12.00 $15.60 $0.00
12/01/2019 $28.24 $12.00 $15.60 $0.00
06/01/2020 $28.89 $12.00 $15.60 $0.00
12/01/2020 $29.57 $12.00 $15.60 $0.00
06/01/2021 $30.21 $12.00 $15.60 $0.00
12/01/2021 $30.89 $12.00 $15.60 $0.00
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
07/01/2019 $50.66 $8.20 $21.45 $0.00
01/01/2020 $50.96 $8.20 $22.10 $0.00
07/01/2020 $52.06 $8.20 $22.10 $0.00
01/01/2021 $53.16 $8.20 $22.10 $0.00
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
$50.71
$51.28
$51.83
$52.40
$52.95
$53.53
$55.17
$55.84
$56.49
$57.17
$57.81
$58.49
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
$80.31
$81.26
$82.36
$83.46
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 24 of 41
MILLWRIGHT - Local 1121 Zone 2Apprentice -
04/01/2019Effective Date -
Step percent Apprentice Base Wage
1 55
2 65
3 75
4 85
Notes:
Steps are 2,000 hours
Apprentice to Journeyworker Ratio:1:5
Supplemental
UnemploymentHealth Pension Total Rate
$21.38 $9.90 $5.31 $0.00 $36.59
$25.27 $9.90 $15.13 $0.00 $50.30
$29.15 $9.90 $16.10 $0.00 $55.15
$33.04 $9.90 $17.06 $0.00 $60.00
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
PAINTER (SIGN, PICTORIAL & DISPLAY)
PAINTERS LOCAL 35 - ZONE 2 06/01/2013 $25.81 $7.07 $7.05 $0.00 $39.93
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 25 of 41
PAINTER Local 35 - BRIDGES/TANKSApprentice -
07/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
01/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
Notes:
Steps are 750 hrs.
Apprentice to Journeyworker Ratio:1:1
Supplemental
UnemploymentHealth Pension Total Rate
$25.33 $8.20 $0.00 $0.00 $33.53
$27.86 $8.20 $5.78 $0.00 $41.84
$30.40 $8.20 $6.30 $0.00 $44.90
$32.93 $8.20 $6.83 $0.00 $47.96
$35.46 $8.20 $18.30 $0.00 $61.96
$38.00 $8.20 $18.83 $0.00 $65.03
$40.53 $8.20 $19.35 $0.00 $68.08
$45.59 $8.20 $20.40 $0.00 $74.19
Supplemental
UnemploymentHealth Pension Total Rate
$25.48 $8.20 $0.00 $0.00 $33.68
$28.03 $8.20 $5.94 $0.00 $42.17
$30.58 $8.20 $6.48 $0.00 $45.26
$33.12 $8.20 $7.02 $0.00 $48.34
$35.67 $8.20 $18.51 $0.00 $62.38
$38.22 $8.20 $19.05 $0.00 $65.47
$40.77 $8.20 $19.59 $0.00 $68.56
$45.86 $8.20 $20.67 $0.00 $74.73
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
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 2
07/01/2019 $41.56 $8.20 $21.45 $0.00
01/01/2020 $41.86 $8.20 $22.10 $0.00
07/01/2020 $42.96 $8.20 $22.10 $0.00
01/01/2021 $44.06 $8.20 $22.10 $0.00
$71.21
$72.16
$73.26
$74.36
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 26 of 41
PAINTER SIGN - Local 35 Zone 2Apprentice -
06/01/2013Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 85
9 90
Notes:
Steps are 4 mos.
Apprentice to Journeyworker Ratio:1:1
Supplemental
UnemploymentHealth Pension Total Rate
$12.91 $7.07 $0.00 $0.00 $19.98
$14.20 $7.07 $2.45 $0.00 $23.72
$15.49 $7.07 $2.45 $0.00 $25.01
$16.78 $7.07 $2.45 $0.00 $26.30
$18.07 $7.07 $7.05 $0.00 $32.19
$19.36 $7.07 $7.05 $0.00 $33.48
$20.65 $7.07 $7.05 $0.00 $34.77
$21.94 $7.07 $7.05 $0.00 $36.06
$23.23 $7.07 $7.05 $0.00 $37.35
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
PAINTER (SPRAY OR SANDBLAST, REPAINT)
PAINTERS LOCAL 35 - ZONE 2 07/01/2019 $39.62 $8.20 $21.45 $0.00
01/01/2020 $39.92 $8.20 $22.10 $0.00
07/01/2020 $41.02 $8.20 $22.10 $0.00
01/01/2021 $42.12 $8.20 $22.10 $0.00
$69.27
$70.22
$71.32
$72.42
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 27 of 41
PAINTER Local 35 Zone 2 - Spray/Sandblast - NewApprentice -
07/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
01/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
Notes:
Steps are 750 hrs.
Apprentice to Journeyworker Ratio:1:1
Supplemental
UnemploymentHealth Pension Total Rate
$20.78 $8.20 $0.00 $0.00 $28.98
$22.86 $8.20 $5.78 $0.00 $36.84
$24.94 $8.20 $6.30 $0.00 $39.44
$27.01 $8.20 $6.83 $0.00 $42.04
$29.09 $8.20 $18.30 $0.00 $55.59
$31.17 $8.20 $18.83 $0.00 $58.20
$33.25 $8.20 $19.35 $0.00 $60.80
$37.40 $8.20 $20.40 $0.00 $66.00
Supplemental
UnemploymentHealth Pension Total Rate
$20.93 $8.20 $0.00 $0.00 $29.13
$23.02 $8.20 $5.94 $0.00 $37.16
$25.12 $8.20 $6.48 $0.00 $39.80
$27.21 $8.20 $7.02 $0.00 $42.43
$29.30 $8.20 $18.51 $0.00 $56.01
$31.40 $8.20 $19.05 $0.00 $58.65
$33.49 $8.20 $19.59 $0.00 $61.28
$37.67 $8.20 $20.67 $0.00 $66.54
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
PAINTER (TRAFFIC MARKINGS)
LABORERS - ZONE 2
For Apprentice rates see "Apprentice- LABORER"
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 2
06/01/2019 $33.95 $7.85 $14.88 $0.00
12/01/2019 $34.81 $7.85 $14.88 $0.00
06/01/2020 $35.70 $7.85 $14.88 $0.00
12/01/2020 $36.59 $7.85 $14.88 $0.00
06/01/2021 $37.51 $7.85 $14.88 $0.00
12/01/2021 $38.42 $7.85 $14.88 $0.00
07/01/2019 $40.16 $8.20 $21.45 $0.00
01/01/2020 $40.46 $8.20 $22.10 $0.00
07/01/2020 $41.56 $8.20 $22.10 $0.00
01/01/2021 $42.66 $8.20 $22.10 $0.00
$56.68
$57.54
$58.43
$59.32
$60.24
$61.15
$69.81
$70.76
$71.86
$72.96
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 28 of 41
PAINTER Local 35 Zone 2 - Spray/Sandblast - RepaintApprentice -
07/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
01/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
Notes:
Steps are 750 hrs.
Apprentice to Journeyworker Ratio:1:1
Supplemental
UnemploymentHealth Pension Total Rate
$19.81 $8.20 $0.00 $0.00 $28.01
$21.79 $8.20 $5.78 $0.00 $35.77
$23.77 $8.20 $6.30 $0.00 $38.27
$25.75 $8.20 $6.83 $0.00 $40.78
$27.73 $8.20 $18.30 $0.00 $54.23
$29.72 $8.20 $18.83 $0.00 $56.75
$31.70 $8.20 $19.35 $0.00 $59.25
$35.66 $8.20 $20.40 $0.00 $64.26
Supplemental
UnemploymentHealth Pension Total Rate
$19.96 $8.20 $0.00 $0.00 $28.16
$21.96 $8.20 $5.94 $0.00 $36.10
$23.95 $8.20 $6.48 $0.00 $38.63
$25.95 $8.20 $7.02 $0.00 $41.17
$27.94 $8.20 $18.51 $0.00 $54.65
$29.94 $8.20 $19.05 $0.00 $57.19
$31.94 $8.20 $19.59 $0.00 $59.73
$35.93 $8.20 $20.67 $0.00 $64.80
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
PAINTER / TAPER (BRUSH, REPAINT)
PAINTERS LOCAL 35 - ZONE 2 07/01/2019 $38.22 $8.20 $21.45 $0.00
01/01/2020 $38.52 $8.20 $22.10 $0.00
07/01/2020 $39.62 $8.20 $22.10 $0.00
01/01/2021 $40.72 $8.20 $22.10 $0.00
$67.87
$68.82
$69.92
$71.02
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 29 of 41
PAINTER - Local 35 Zone 2 - BRUSH NEWApprentice -
07/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
01/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
Notes:
Steps are 750 hrs.
Apprentice to Journeyworker Ratio:1:1
Supplemental
UnemploymentHealth Pension Total Rate
$20.08 $8.20 $0.00 $0.00 $28.28
$22.09 $8.20 $5.78 $0.00 $36.07
$24.10 $8.20 $6.30 $0.00 $38.60
$26.10 $8.20 $6.83 $0.00 $41.13
$28.11 $8.20 $18.30 $0.00 $54.61
$30.12 $8.20 $18.83 $0.00 $57.15
$32.13 $8.20 $19.35 $0.00 $59.68
$36.14 $8.20 $20.40 $0.00 $64.74
Supplemental
UnemploymentHealth Pension Total Rate
$20.23 $8.20 $0.00 $0.00 $28.43
$22.25 $8.20 $5.94 $0.00 $36.39
$24.28 $8.20 $6.48 $0.00 $38.96
$26.30 $8.20 $7.02 $0.00 $41.52
$28.32 $8.20 $18.51 $0.00 $55.03
$30.35 $8.20 $19.05 $0.00 $57.60
$32.37 $8.20 $19.59 $0.00 $60.16
$36.41 $8.20 $20.67 $0.00 $65.28
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
PANEL & PICKUP TRUCKS DRIVER
TEAMSTERS JOINT COUNCIL NO. 10 ZONE B
PIER AND DOCK CONSTRUCTOR (UNDERPINNING AND
DECK)
PILE DRIVER LOCAL 56 (ZONE 2)
For apprentice rates see "Apprentice- PILE DRIVER"
PILE DRIVER
PILE DRIVER LOCAL 56 (ZONE 2)
08/01/2019 $34.08 $12.41 $12.70 $0.00
12/01/2019 $34.08 $12.41 $13.72 $0.00
06/01/2020 $34.98 $12.41 $13.72 $0.00
08/01/2020 $34.98 $12.91 $13.72 $0.00
12/01/2020 $34.98 $12.91 $14.82 $0.00
06/01/2021 $35.78 $12.91 $14.82 $0.00
08/01/2021 $35.78 $13.41 $14.82 $0.00
12/01/2021 $35.78 $13.41 $16.01 $0.00
08/01/2019 $44.61 $9.90 $21.15 $0.00
08/01/2019 $44.61 $9.90 $21.15 $0.00
$59.19
$60.21
$61.11
$61.61
$62.71
$63.51
$64.01
$65.20
$75.66
$75.66
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 30 of 41
PAINTER Local 35 Zone 2 - BRUSH REPAINTApprentice -
07/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
01/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 55
3 60
4 65
5 70
6 75
7 80
8 90
Notes:
Steps are 750 hrs.
Apprentice to Journeyworker Ratio:1:1
Supplemental
UnemploymentHealth Pension Total Rate
$19.11 $8.20 $0.00 $0.00 $27.31
$21.02 $8.20 $5.78 $0.00 $35.00
$22.93 $8.20 $6.30 $0.00 $37.43
$24.84 $8.20 $6.83 $0.00 $39.87
$26.75 $8.20 $18.30 $0.00 $53.25
$28.67 $8.20 $18.83 $0.00 $55.70
$30.58 $8.20 $19.35 $0.00 $58.13
$34.40 $8.20 $20.40 $0.00 $63.00
Supplemental
UnemploymentHealth Pension Total Rate
$19.26 $8.20 $0.00 $0.00 $27.46
$21.19 $8.20 $5.94 $0.00 $35.33
$23.11 $8.20 $6.48 $0.00 $37.79
$25.04 $8.20 $7.02 $0.00 $40.26
$26.96 $8.20 $18.51 $0.00 $53.67
$28.89 $8.20 $19.05 $0.00 $56.14
$30.82 $8.20 $19.59 $0.00 $58.61
$34.67 $8.20 $20.67 $0.00 $63.54
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
PIPELAYER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
PLUMBER & PIPEFITTER
PLUMBERS & PIPEFITTERS LOCAL 51
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
09/01/2018 $42.04 $10.00 $18.20 $0.00
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
$70.24
PNEUMATIC CONTROLS (TEMP.)
PLUMBERS & PIPEFITTERS LOCAL 51
For apprentice rates see "Apprentice- PIPEFITTER" or "PLUMBER/PIPEFITTER"
PNEUMATIC DRILL/TOOL OPERATOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
09/01/2018 $42.04 $10.00 $18.20 $0.00
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
$70.24
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 31 of 41
PILE DRIVER - Local 56 Zone 2Apprentice -
08/01/2019Effective Date -
Step percent Apprentice Base Wage
1 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
Supplemental
UnemploymentHealth Pension Total Rate
$0.00 $0.00 $0.00 $0.00 $0.00
PLUMBER/PIPEFITTER - Local 51Apprentice -
09/01/2018Effective Date -
Step percent Apprentice Base Wage
1 40
2 50
3 60
4 70
5 80
Notes:
Steps 2000hrs. Prior 9/1/05; 40/40/45/50/55/60/65/75/80/85
Apprentice to Journeyworker Ratio:1:3
Supplemental
UnemploymentHealth Pension Total Rate
$16.82 $10.00 $2.50 $0.00 $29.32
$21.02 $10.00 $2.50 $0.00 $33.52
$25.22 $10.00 $7.85 $0.00 $43.07
$29.43 $10.00 $12.56 $0.00 $51.99
$33.63 $10.00 $15.70 $0.00 $59.33
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
POWDERMAN & BLASTER
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
POWER SHOVEL/DERRICK/TRENCHING MACHINE
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
PUMP OPERATOR (CONCRETE)
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
PUMP OPERATOR (DEWATERING, OTHER)
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
READY-MIX CONCRETE DRIVER
TEAMSTERS 59 - Morse S&G (Lakeville)
RECLAIMERS
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
RIDE-ON MOTORIZED BUGGY OPERATOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
06/01/2019 $34.95 $7.85 $14.88 $0.00
12/01/2019 $35.81 $7.85 $14.88 $0.00
06/01/2020 $36.70 $7.85 $14.88 $0.00
12/01/2020 $37.59 $7.85 $14.88 $0.00
06/01/2021 $38.51 $7.85 $14.88 $0.00
12/01/2021 $39.42 $7.85 $14.88 $0.00
06/01/2019 $48.18 $12.00 $15.60 $0.00
12/01/2019 $49.33 $12.00 $15.60 $0.00
06/01/2020 $50.43 $12.00 $15.60 $0.00
12/01/2020 $51.58 $12.00 $15.60 $0.00
06/01/2021 $52.68 $12.00 $15.60 $0.00
12/01/2021 $53.83 $12.00 $15.60 $0.00
06/01/2019 $48.18 $12.00 $15.60 $0.00
12/01/2019 $49.33 $12.00 $15.60 $0.00
06/01/2020 $50.43 $12.00 $15.60 $0.00
12/01/2020 $51.58 $12.00 $15.60 $0.00
06/01/2021 $52.68 $12.00 $15.60 $0.00
12/01/2021 $53.83 $12.00 $15.60 $0.00
06/01/2019 $32.28 $12.00 $15.60 $0.00
12/01/2019 $33.07 $12.00 $15.60 $0.00
06/01/2020 $33.82 $12.00 $15.60 $0.00
12/01/2020 $34.60 $12.00 $15.60 $0.00
06/01/2021 $35.35 $12.00 $15.60 $0.00
12/01/2021 $36.14 $12.00 $15.60 $0.00
06/01/2018 $21.55 $8.15 $9.06 $0.00
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
$57.68
$58.54
$59.43
$60.32
$61.24
$62.15
$75.78
$76.93
$78.03
$79.18
$80.28
$81.43
$75.78
$76.93
$78.03
$79.18
$80.28
$81.43
$59.88
$60.67
$61.42
$62.20
$62.95
$63.74
$38.76
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 32 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
ROLLER/SPREADER/MULCHING MACHINE
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
ROOFER (Inc.Roofer Waterproofng &Roofer Damproofg)
ROOFERS LOCAL 33
ROOFER SLATE / TILE / PRECAST CONCRETE
ROOFERS LOCAL 33
For apprentice rates see "Apprentice- ROOFER"
SHEETMETAL WORKER
SHEETMETAL WORKERS LOCAL 17 - B
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
08/01/2019 $44.64 $11.50 $15.90 $0.00
02/01/2020 $45.92 $11.50 $15.90 $0.00
08/01/2020 $47.35 $11.50 $15.90 $0.00
02/01/2021 $48.78 $11.50 $15.90 $0.00
08/01/2021 $50.21 $11.50 $15.90 $0.00
02/01/2022 $51.64 $11.50 $15.90 $0.00
08/01/2019 $44.89 $11.50 $15.90 $0.00
02/01/2020 $46.17 $11.50 $15.90 $0.00
08/01/2020 $47.60 $11.50 $15.90 $0.00
02/01/2021 $49.03 $11.50 $15.90 $0.00
08/01/2021 $50.46 $11.50 $15.90 $0.00
02/01/2022 $51.89 $11.50 $15.90 $0.00
04/01/2019 $34.71 $13.20 $16.55 $1.93
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
$72.04
$73.32
$74.75
$76.18
$77.61
$79.04
$72.29
$73.57
$75.00
$76.43
$77.86
$79.29
$66.39
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 33 of 41
ROOFER - Local 33Apprentice -
08/01/2019Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 65
4 75
5 85
02/01/2020Effective Date -
Step percent Apprentice Base Wage
1 50
2 60
3 65
4 75
5 85
Notes: ** 1:5, 2:6-10, the 1:10; Reroofing: 1:4, then 1:1
Step 1 is 2000 hrs.; Steps 2-5 are 1000 hrs.
(Hot Pitch Mechanics' receive $1.00 hr. above ROOFER)
Apprentice to Journeyworker Ratio:**
Supplemental
UnemploymentHealth Pension Total Rate
$22.32 $11.50 $3.69 $0.00 $37.51
$26.78 $11.50 $15.90 $0.00 $54.18
$29.02 $11.50 $15.90 $0.00 $56.42
$33.48 $11.50 $15.90 $0.00 $60.88
$37.94 $11.50 $15.90 $0.00 $65.34
Supplemental
UnemploymentHealth Pension Total Rate
$22.96 $11.50 $3.69 $0.00 $38.15
$27.55 $11.50 $15.90 $0.00 $54.95
$29.85 $11.50 $15.90 $0.00 $57.25
$34.44 $11.50 $15.90 $0.00 $61.84
$39.03 $11.50 $15.90 $0.00 $66.43
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
SPECIALIZED EARTH MOVING EQUIP < 35 TONS
TEAMSTERS JOINT COUNCIL NO. 10 ZONE B
SPECIALIZED EARTH MOVING EQUIP > 35 TONS
TEAMSTERS JOINT COUNCIL NO. 10 ZONE B
SPRINKLER FITTER
SPRINKLER FITTERS LOCAL 550 - (Section B) Zone 2
08/01/2019 $34.54 $12.41 $12.70 $0.00
12/01/2019 $34.54 $12.41 $13.72 $0.00
06/01/2020 $35.44 $12.41 $13.72 $0.00
08/01/2020 $35.44 $12.91 $13.72 $0.00
12/01/2020 $35.44 $12.91 $14.82 $0.00
06/01/2021 $36.24 $12.91 $14.82 $0.00
08/01/2021 $36.24 $13.41 $14.82 $0.00
12/01/2021 $36.24 $13.41 $16.01 $0.00
08/01/2019 $34.83 $12.41 $12.70 $0.00
12/01/2019 $34.83 $12.41 $13.72 $0.00
06/01/2020 $35.73 $12.41 $13.72 $0.00
08/01/2020 $35.73 $12.91 $13.72 $0.00
12/01/2020 $35.73 $12.91 $14.82 $0.00
06/01/2021 $36.53 $12.91 $14.82 $0.00
08/01/2021 $36.53 $13.41 $14.82 $0.00
12/01/2021 $36.53 $13.41 $16.01 $0.00
10/01/2019 $54.43 $9.47 $19.60 $0.00
03/01/2020 $55.78 $9.47 $19.60 $0.00
10/01/2020 $57.13 $9.47 $19.60 $0.00
03/01/2021 $58.48 $9.47 $19.60 $0.00
$59.65
$60.67
$61.57
$62.07
$63.17
$63.97
$64.47
$65.66
$59.94
$60.96
$61.86
$62.36
$63.46
$64.26
$64.76
$65.95
$83.50
$84.85
$86.20
$87.55
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 34 of 41
SHEET METAL WORKER - Local 17-BApprentice -
04/01/2019Effective Date -
Step percent Apprentice Base Wage
1 40
2 45
3 50
4 55
5 60
6 65
7 70
8 75
9 80
10 85
Notes:
Apprentice to Journeyworker Ratio:1:3
Supplemental
UnemploymentHealth Pension Total Rate
$13.88 $13.20 $4.02 $0.95 $32.05
$15.62 $13.20 $4.52 $1.02 $34.36
$17.36 $13.20 $10.48 $1.26 $42.30
$19.09 $13.20 $10.48 $1.31 $44.08
$20.83 $13.20 $13.52 $1.43 $48.98
$22.56 $13.20 $13.78 $1.49 $51.03
$24.30 $13.20 $14.03 $1.55 $53.08
$26.03 $13.20 $14.28 $1.61 $55.12
$27.77 $13.20 $14.54 $1.67 $57.18
$29.50 $13.20 $14.79 $1.72 $59.21
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
STEAM BOILER OPERATOR
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
TAMPERS, SELF-PROPELLED OR TRACTOR DRAWN
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 35 of 41
SPRINKLER FITTER - Local 550 (Section B) Zone 2Apprentice -
10/01/2019Effective Date -
Step percent Apprentice Base Wage
1 35
2 40
3 45
4 50
5 55
6 60
7 65
8 70
9 75
10 80
03/01/2020Effective Date -
Step percent Apprentice Base Wage
1 35
2 40
3 45
4 50
5 55
6 60
7 65
8 70
9 75
10 80
Notes: Apprentice entered prior 9/30/10:
40/45/50/55/60/65/70/75/80/85
Steps are 850 hours
Apprentice to Journeyworker Ratio:1:3
Supplemental
UnemploymentHealth Pension Total Rate
$19.05 $9.47 $11.15 $0.00 $39.67
$21.77 $9.47 $11.80 $0.00 $43.04
$24.49 $9.47 $12.45 $0.00 $46.41
$27.22 $9.47 $13.10 $0.00 $49.79
$29.94 $9.47 $13.75 $0.00 $53.16
$32.66 $9.47 $14.40 $0.00 $56.53
$35.38 $9.47 $15.05 $0.00 $59.90
$38.10 $9.47 $15.70 $0.00 $63.27
$40.82 $9.47 $16.35 $0.00 $66.64
$43.54 $9.47 $17.00 $0.00 $70.01
Supplemental
UnemploymentHealth Pension Total Rate
$19.52 $9.47 $11.15 $0.00 $40.14
$22.31 $9.47 $11.80 $0.00 $43.58
$25.10 $9.47 $12.45 $0.00 $47.02
$27.89 $9.47 $13.10 $0.00 $50.46
$30.68 $9.47 $13.75 $0.00 $53.90
$33.47 $9.47 $14.40 $0.00 $57.34
$36.26 $9.47 $15.05 $0.00 $60.78
$39.05 $9.47 $15.70 $0.00 $64.22
$41.84 $9.47 $16.35 $0.00 $67.66
$44.62 $9.47 $17.00 $0.00 $71.09
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
TELECOMMUNICATION TECHNICIAN
ELECTRICIANS LOCAL 223
TERRAZZO FINISHERS
BRICKLAYERS LOCAL 3 - MARBLE & TILE
09/01/2019 $35.78 $10.15 $11.45 $0.00
03/01/2020 $36.27 $10.40 $11.78 $0.00
08/01/2019 $53.34 $10.75 $21.30 $0.00
02/01/2020 $53.98 $10.75 $21.30 $0.00
08/01/2020 $55.33 $10.75 $21.45 $0.00
02/01/2021 $55.97 $10.75 $21.45 $0.00
08/01/2021 $57.37 $10.75 $21.61 $0.00
02/01/2022 $57.96 $10.75 $21.61 $0.00
$57.38
$58.45
$85.39
$86.03
$87.53
$88.17
$89.73
$90.32
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 36 of 41
TELECOMMUNICATION TECHNICIAN - Local 223Apprentice -
09/01/2019Effective Date -
Step percent Apprentice Base Wage
1 0
Notes: See Electrician Apprentice Wages
Steps are 750hrs
Telecom Apprentice Wages shall be the same as the Electrician Apprentice Wages
Apprentice to Journeyworker Ratio:2:3***
Supplemental
UnemploymentHealth Pension Total Rate
$0.00 $0.00 $0.00 $0.00 $0.00
TERRAZZO FINISHER - Local 3 Marble & TileApprentice -
08/01/2019Effective Date -Supplemental
UnemploymentStep percent Apprentice Base Wage Health Pension Total Rate
1 50 $26.67 $10.75 $21.30 $0.00 $58.72
2 60 $32.00 $10.75 $21.30 $0.00 $64.05
3 70 $37.34 $10.75 $21.30 $0.00 $69.39
4 80 $42.67 $10.75 $21.30 $0.00 $74.72
5 90 $48.01 $10.75 $21.30 $0.00 $80.06
02/01/2020Effective Date -Supplemental
UnemploymentStep percent Apprentice Base Wage Health Pension Total Rate
1 50 $26.99 $10.75 $21.30 $0.00 $59.04
2 60 $32.39 $10.75 $21.30 $0.00 $64.44
3 70 $37.79 $10.75 $21.30 $0.00 $69.84
4 80 $43.18 $10.75 $21.30 $0.00 $75.23
5 90 $48.58 $10.75 $21.30 $0.00 $80.63
Notes:
Apprentice to Journeyworker Ratio:1:3
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
TEST BORING DRILLER
LABORERS - FOUNDATION AND MARINE
For apprentice rates see "Apprentice- LABORER"
TEST BORING DRILLER HELPER
LABORERS - FOUNDATION AND MARINE
For apprentice rates see "Apprentice- LABORER"
TEST BORING LABORER
LABORERS - FOUNDATION AND MARINE
For apprentice rates see "Apprentice- LABORER"
TRACTORS/PORTABLE STEAM GENERATORS
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
TRAILERS FOR EARTH MOVING EQUIPMENT
TEAMSTERS JOINT COUNCIL NO. 10 ZONE B
TUNNEL WORK - COMPRESSED AIR
LABORERS (COMPRESSED AIR)
For apprentice rates see "Apprentice- LABORER"
06/01/2019 $40.50 $7.85 $16.05 $0.00
12/01/2019 $41.50 $7.85 $16.05 $0.00
06/01/2020 $42.49 $7.85 $16.05 $0.00
12/01/2020 $43.47 $7.85 $16.05 $0.00
06/01/2021 $44.49 $7.85 $16.05 $0.00
12/01/2021 $45.50 $7.85 $16.05 $0.00
06/01/2019 $39.22 $7.85 $16.05 $0.00
12/01/2019 $40.22 $7.85 $16.05 $0.00
06/01/2020 $41.21 $7.85 $16.05 $0.00
12/01/2020 $42.19 $7.85 $16.05 $0.00
06/01/2021 $43.21 $7.85 $16.05 $0.00
12/01/2021 $44.22 $7.85 $16.05 $0.00
06/01/2019 $39.10 $7.85 $16.05 $0.00
12/01/2019 $40.10 $7.85 $16.05 $0.00
06/01/2020 $41.09 $7.85 $16.05 $0.00
12/01/2020 $42.07 $7.85 $16.05 $0.00
06/01/2021 $43.09 $7.85 $16.05 $0.00
12/01/2021 $44.10 $7.85 $16.05 $0.00
06/01/2019 $47.69 $12.00 $15.60 $0.00
12/01/2019 $48.83 $12.00 $15.60 $0.00
06/01/2020 $49.91 $12.00 $15.60 $0.00
12/01/2020 $51.05 $12.00 $15.60 $0.00
06/01/2021 $52.14 $12.00 $15.60 $0.00
12/01/2021 $53.28 $12.00 $15.60 $0.00
08/01/2019 $35.12 $12.41 $12.70 $0.00
12/01/2019 $35.12 $12.41 $13.72 $0.00
06/01/2020 $36.02 $12.41 $13.72 $0.00
08/01/2020 $36.02 $12.91 $13.72 $0.00
12/01/2020 $36.02 $12.91 $14.82 $0.00
06/01/2021 $36.82 $12.91 $14.82 $0.00
08/01/2021 $36.82 $13.41 $14.82 $0.00
12/01/2021 $36.82 $13.41 $16.01 $0.00
06/01/2019 $51.38 $7.85 $16.45 $0.00
12/01/2019 $52.38 $7.85 $16.45 $0.00
06/01/2020 $53.37 $7.85 $16.45 $0.00
12/01/2020 $54.35 $7.85 $16.45 $0.00
06/01/2021 $55.37 $7.85 $16.45 $0.00
12/01/2021 $56.38 $7.85 $16.45 $0.00
$64.40
$65.40
$66.39
$67.37
$68.39
$69.40
$63.12
$64.12
$65.11
$66.09
$67.11
$68.12
$63.00
$64.00
$64.99
$65.97
$66.99
$68.00
$75.29
$76.43
$77.51
$78.65
$79.74
$80.88
$60.23
$61.25
$62.15
$62.65
$63.75
$64.55
$65.05
$66.24
$75.68
$76.68
$77.67
$78.65
$79.67
$80.68
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 37 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
TUNNEL WORK - COMPRESSED AIR (HAZ. WASTE)
LABORERS (COMPRESSED AIR)
For apprentice rates see "Apprentice- LABORER"
TUNNEL WORK - FREE AIR
LABORERS (FREE AIR TUNNEL)
For apprentice rates see "Apprentice- LABORER"
TUNNEL WORK - FREE AIR (HAZ. WASTE)
LABORERS (FREE AIR TUNNEL)
For apprentice rates see "Apprentice- LABORER"
VAC-HAUL
TEAMSTERS JOINT COUNCIL NO. 10 ZONE B
WAGON DRILL OPERATOR
LABORERS - ZONE 2
For apprentice rates see "Apprentice- LABORER"
WASTE WATER PUMP OPERATOR
OPERATING ENGINEERS LOCAL 4
For apprentice rates see "Apprentice- OPERATING ENGINEERS"
WATER METER INSTALLER
PLUMBERS & PIPEFITTERS LOCAL 51
06/01/2019 $53.38 $7.85 $16.45 $0.00
12/01/2019 $54.38 $7.85 $16.45 $0.00
06/01/2020 $55.37 $7.85 $16.45 $0.00
12/01/2020 $56.35 $7.85 $16.45 $0.00
06/01/2021 $57.37 $7.85 $16.45 $0.00
12/01/2021 $58.38 $7.85 $16.45 $0.00
06/01/2019 $43.45 $7.85 $16.45 $0.00
12/01/2019 $44.45 $7.85 $16.45 $0.00
06/01/2020 $45.44 $7.85 $16.45 $0.00
12/01/2020 $46.42 $7.85 $16.45 $0.00
06/01/2021 $47.44 $7.85 $16.45 $0.00
12/01/2021 $48.45 $7.85 $16.45 $0.00
06/01/2019 $45.45 $7.85 $16.45 $0.00
12/01/2019 $46.45 $7.85 $16.45 $0.00
06/01/2020 $47.44 $7.85 $16.45 $0.00
12/01/2020 $48.42 $7.85 $16.45 $0.00
06/01/2021 $49.44 $7.85 $16.45 $0.00
12/01/2021 $50.45 $7.85 $16.45 $0.00
08/01/2019 $34.54 $12.41 $12.70 $0.00
12/01/2019 $34.54 $12.41 $13.72 $0.00
06/01/2020 $35.44 $12.41 $13.72 $0.00
08/01/2020 $35.44 $12.91 $13.72 $0.00
12/01/2020 $35.44 $12.91 $14.82 $0.00
06/01/2021 $36.24 $12.91 $14.82 $0.00
08/01/2021 $36.24 $13.41 $14.82 $0.00
12/01/2021 $36.24 $13.41 $16.01 $0.00
06/01/2019 $34.20 $7.85 $14.88 $0.00
12/01/2019 $35.06 $7.85 $14.88 $0.00
06/01/2020 $35.95 $7.85 $14.88 $0.00
12/01/2020 $36.84 $7.85 $14.88 $0.00
06/01/2021 $37.76 $7.85 $14.88 $0.00
12/01/2021 $38.67 $7.85 $14.88 $0.00
06/01/2019 $48.18 $12.00 $15.60 $0.00
12/01/2019 $49.33 $12.00 $15.60 $0.00
06/01/2020 $50.43 $12.00 $15.60 $0.00
12/01/2020 $51.58 $12.00 $15.60 $0.00
06/01/2021 $52.68 $12.00 $15.60 $0.00
12/01/2021 $53.83 $12.00 $15.60 $0.00
09/01/2018 $42.04 $10.00 $18.20 $0.00
$77.68
$78.68
$79.67
$80.65
$81.67
$82.68
$67.75
$68.75
$69.74
$70.72
$71.74
$72.75
$69.75
$70.75
$71.74
$72.72
$73.74
$74.75
$59.65
$60.67
$61.57
$62.07
$63.17
$63.97
$64.47
$65.66
$56.93
$57.79
$58.68
$59.57
$60.49
$61.40
$75.78
$76.93
$78.03
$79.18
$80.28
$81.43
$70.24
For apprentice rates see "Apprentice- PLUMBER/PIPEFITTER" or "PLUMBER/GASFITTER"
Outside Electrical - East
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 38 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
CABLE TECHNICIAN (Power Zone)
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
For apprentice rates see "Apprentice- LINEMAN"
CABLEMAN (Underground Ducts & Cables)
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
For apprentice rates see "Apprentice- LINEMAN"
DRIVER / GROUNDMAN CDL
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
For apprentice rates see "Apprentice- LINEMAN"
DRIVER / GROUNDMAN -Inexperienced (<2000 Hrs)
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
For apprentice rates see "Apprentice- LINEMAN"
EQUIPMENT OPERATOR (Class A CDL)
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
For apprentice rates see "Apprentice- LINEMAN"
EQUIPMENT OPERATOR (Class B CDL)
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
For apprentice rates see "Apprentice- LINEMAN"
GROUNDMAN
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
For apprentice rates see "Apprentice- LINEMAN"
GROUNDMAN -Inexperienced (<2000 Hrs.)
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
For apprentice rates see "Apprentice- LINEMAN"
JOURNEYMAN LINEMAN
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
09/01/2019 $28.83 $8.75 $1.86 $0.00
08/30/2020 $29.67 $9.25 $1.89 $0.00
09/01/2019 $40.84 $8.75 $10.02 $0.00
08/30/2020 $42.03 $9.25 $10.27 $0.00
09/01/2019 $33.64 $8.75 $9.86 $0.00
08/30/2020 $34.62 $9.25 $10.07 $0.00
09/01/2019 $26.43 $8.75 $1.79 $0.00
08/30/2020 $27.20 $9.25 $1.82 $0.00
09/01/2019 $40.84 $8.75 $14.10 $0.00
08/30/2020 $42.03 $9.25 $14.35 $0.00
09/01/2019 $36.04 $8.75 $10.65 $0.00
08/30/2020 $37.09 $9.25 $10.87 $0.00
09/01/2019 $21.62 $8.75 $1.65 $0.00
08/30/2020 $22.25 $9.25 $1.67 $0.00
09/01/2019 $26.43 $8.75 $1.79 $0.00
08/30/2020 $27.20 $9.25 $1.82 $0.00
09/01/2019 $48.05 $8.75 $17.19 $0.00
08/30/2020 $49.45 $9.25 $17.48 $0.00
$39.44
$40.81
$59.61
$61.55
$52.25
$53.94
$36.97
$38.27
$63.69
$65.63
$55.44
$57.21
$32.02
$33.17
$36.97
$38.27
$73.99
$76.18
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 39 of 41
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
TELEDATA CABLE SPLICER
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
TELEDATA LINEMAN/EQUIPMENT OPERATOR
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
TELEDATA WIREMAN/INSTALLER/TECHNICIAN
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
TREE TRIMMER
OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104
02/04/2019 $30.73 $4.70 $3.17 $0.00
02/04/2019 $28.93 $4.70 $3.14 $0.00
02/04/2019 $28.93 $4.70 $3.14 $0.00
01/31/2016 $18.51 $3.55 $0.00 $0.00
$38.60
$36.77
$36.77
$22.06
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 - EAST LOCAL 104
01/31/2016 $16.32 $3.55 $0.00 $0.00 $19.87
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.
Issue Date: 10/01/2019 Wage Request Number: 20191001-019 Page 40 of 41
LINEMAN (Outside Electrical) - East Local 104Apprentice -
09/01/2019Effective Date -
Step percent Apprentice Base Wage
1 60
2 65
3 70
4 75
5 80
6 85
7 90
08/30/2020Effective Date -
Step percent Apprentice Base Wage
1 60
2 65
3 70
4 75
5 80
6 85
7 90
Notes:
Apprentice to Journeyworker Ratio:1:2
Supplemental
UnemploymentHealth Pension Total Rate
$28.83 $8.75 $3.36 $0.00 $40.94
$31.23 $8.75 $3.44 $0.00 $43.42
$33.64 $8.75 $3.51 $0.00 $45.90
$36.04 $8.75 $5.08 $0.00 $49.87
$38.44 $8.75 $5.15 $0.00 $52.34
$40.84 $8.75 $5.23 $0.00 $54.82
$43.25 $8.75 $7.30 $0.00 $59.30
Supplemental
UnemploymentHealth Pension Total Rate
$29.67 $9.25 $3.39 $0.00 $42.31
$32.14 $9.25 $3.46 $0.00 $44.85
$34.62 $9.25 $3.54 $0.00 $47.41
$37.09 $9.25 $5.11 $0.00 $51.45
$39.56 $9.25 $5.19 $0.00 $54.00
$42.03 $9.25 $5.26 $0.00 $56.54
$44.51 $9.25 $7.34 $0.00 $61.10
Classification Effective Date Base Wage Health Pension Supplemental
Unemployment Total Rate
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: 10/01/2019 Wage Request Number: 20191001-019 Page 41 of 41
"ATTACHMENT B"
NOTICE OF AWARD
To:
Project Description:
Town of Brewster
, Town Administrator
The Owner has considered the Bid submitted by you for the above described work in response to
its DOCUMENT 00020, INVITATION TO BID dated and DOCUMENT 00100,
INSTRUCTIONS AND INFORMATION FOR BIDDERS. You are hereby notified that your
Bid has been accepted in the amount of
_____________________________________________________________
You are required by DOCUMENT 00100, INSTRUCTIONS AND INFORMATION FOR
BIDDERS to execute DOCUMENT 00500, FORM FOR AGREEMENT and furnish the
required Contractor’s Performance Bond, Payment Bond and Certificates of Insurance within ten
(10) calendar days from the date of this Notice of Award. If you fail to execute said Agreement
and to furnish said Bonds within ten (10) days from the date of this Notice of Award, said Owner
will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid as
abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights
as may be granted by law. You are required to return an acknowledged copy of this Notice of
Award to the Owner. Dated this day of 201
Owner:Town of Brewster
2198 Main Street
Brewster, MA 02631
By its Town Administrator
Peter Lombardi
Acceptance of Notice:
Receipt of the above Notice of Award is hereby
acknowledged by
this day of _, 201
By:
(Authorized Signature)
Title:
END OF DOCUMENT
Brewster Dog Park
Brewster, Massachusetts00850-4
"ATTACHMENT C"
NOTICE TO PROCEED
To: Date:
Title:
You are hereby notified to commence Work in accordance with the Agreement dated
_______________, on or before ,
and you are to complete the Work within consecutive calendar days using no more than
working days. The date of Completion of all Work is therefore __________________.
Owner: TOWN OF BREWSTER
2198 Main Street
Brewster, MA 02631
By its: TOWN ADMINISTRATOR
Acceptance of Notice to Proceed:
Receipt of the above Notice to Proceed is hereby acknowledged by
, this
day of ,
By:
(Authorized Signature)
Title:
Brewster Dog Park
Brewster, Massachusetts00850-5
"ATTACHMENT D"
TOWN OF BREWSTER
CHANGE ORDER FORM
Date:__________
Change Order Number:_________
Project:______________________
Engineer:_____________________
Owner: Town of Brewster
Contractor:___________________
Contract Date:________________
Description of Change:
These changes result in the following adjustment of the Contract Price:
Contract Price prior to this Change Order:
Contract Price due to this Change Order will (increase) (decrease) by:
The New Contract Price including this Change Order :
______________________ ____________________________
Authorized Signature
Engineer Town Administrator
_____________________________
_________________________ , Finance Director
Authorized Signature Certification of Available Funds
Contractor
Brewster Dog Park
Brewster, Massachusetts00850-6
Brewster Dog Park
Brewster, Massachusetts00850-7
SECTION 00900
SPECIFICATIONS
Brewster Dog Park
Brewster, Massachusetts00850-2
SECTION 02100
SITE DEMOLITION, CLEARING & GRUBBING
PART 1 - GENERAL
1.01 CONTRACT PROVISIONS INCORPORATED BY REFERENCE
The General Provisions of the Contract, including the General and Supplementary Conditions and
Division 1, apply to the work specified in this Section.
1.02 SECTION INCLUDES
A. Demolition, clearing and grubbing required for this work includes, but is not necessarily
limited to removal and off-site disposal of the following:
1. Pavement
2. Vegetation (trees and shrubs)
3. Debris and rubble within project
C. Constructing temporary barriers around trees designated to remain.
D. Definitions
The term ‘site demolition, clearing and grubbing’, as used herein, includes the removal and off-site
disposal of all existing objects (except for those objects designated to remain) within the project area,
plus such other work as is described in this Section of these Specifications.
1.03 RELATED WORK DESCRIBED ELSEWHERE
A. Excavating, Filling and Grading...................................Section 02200
1.04 QUALITY ASSURANCE
A. Qualifications
1. Provide at least one person who shall be present at all times during tree clearing and
grubbing operations and who shall be thoroughly familiar with the types of trees
involved and who shall direct the trimming of roots and limbs where required.
2. Provide at least one person who shall be present at all times during demolition operations
and who shall be thoroughly familiar with the procedures involved and who shall direct
and coordinate the operation and ensure coordination with the applicable utility agencies.
B. Codes and Standards
Perform demolition and clearing work in accordance with applicable rules, regulations, codes
and ordinances of Local, State and Federal Authorities, and in accordance with the
Brewster Dog Park
Brewster Massachusetts
Site Demolition, Clearing & Grubbing/Section 02100 – 1 of 5
requirements of Public Utility Corporations having jurisdiction over the work. Obtain and pay
for all necessary permits, licenses and certificates and give all notices as required during the
performance of the demolition work.
1.05 JOB CONDITIONS
A. Dust and Mud Control
Use all means necessary to prevent the spread of dust and mud during performance of the work
of the Section; thoroughly moisten all surfaces as required to prevent dust being a nuisance to
the public, neighbors and concurrent performance of other work on the site.
B. Burning
On-site burning will not be permitted.
C. Protection
Use all means necessary to protect existing objects designated to remain and, in the event of
damage, immediately make all repairs and replacements necessary to the approval of the
Architect, at no additional cost to the Owner. When work occurs within the root structure of
an existing tree designated to remain, such work shall be carried out by hand with no
machinery allowed that may damage the root structure of the tree.
D. Provide, erect and maintain all catch platforms, lights, barriers, weather protection, warning
signs, and all other items as required for the proper protection of the workmen engaged in
demolition operations, public and adjacent construction.
E. Provide adequate fire protection in accordance with local Fire Department requirements.
F. Do not close or obstruct street or sidewalks without the proper permit. Conduct operations
with minimum traffic interference.
G. Protect all public and private property adjacent to and on the job site including platforms,
vents, utility lines, streets, sidewalks, light standards, hydrants, street signs, mail boxes and fire
alarm boxes. Make all repairs necessitated by reason of, or in the course of, operations under
this Contract to the complete satisfaction of the Owner of the damaged property.
PART 2 - PRODUCTS
2.01 TEMPORARY BARRICADES
Unless otherwise specifically approved by the Architect, use only new and solid lumber of utility
grade or better to construct temporary barricades around the objects designated to remain.
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Brewster Massachusetts
Site Demolition, Clearing & Grubbing/Section 02100 – 2 of 5
2.02 PRUNING PAINT
Use only a pruning paint specially formulated for horizontal application to cut or damaged plant
tissue and approved by the Architect for this work.
2.03 EXPLOSIVES
Do not use explosives in this work.
2.04 OTHER MATERIALS
All other materials, not specifically described, but required for proper completion of the work of this
Section, shall be as selected by the Contractor, subject to approval of the Architect.
PART 3 - EXECUTION
3.01 PREPARATION
A. Notification
Notify the Architect at least two full working days prior to commencing the work of this Section.
Notify Dig-Safe for utility identification (1-800-322-4844) Record locations on Project Record
Documents from Dig-Safe field location markings.
B. Site Inspection
1. Prior to all work of this Section, carefully inspect the entire site and all objects
designated to be removed and to be preserved.
2. Locate all existing trees to remain and mark with survey tape.
C. Clarification
1. The drawings do not purport to show all objects existing on the site.
2. Before commencing the work of this Section, verify with the Architect all objects to be
removed and all objects to be preserved.
D. Scheduling
1. Schedule all work in a careful manner with all necessary consideration for neighbors and
the public. Before commencing any work, submit for review a schedule showing the
commencement, the order and the completion dates for the various parts of this work.
2. Avoid interference with, use of, and passage to and from, adjacent buildings and
facilities.
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Brewster Massachusetts
Site Demolition, Clearing & Grubbing/Section 02100 – 3 of 5
3. Work shall be properly coordinated with the work of other trades. Other trades shall be
consulted in advance so that proper provisions may be made for installation of their work
and so that the work of this Section may be properly finished and connected to the work
of other trades.
E. Disconnection of Utilities
Before starting site operations, disconnect or arrange for disconnection of all utility services
designated to be removed or that require temporary discontinuance for the duration of the
work, as shown in the drawings, performing all such work in accordance with the requirements
of the utility company or agency involved.
F. Protection Utilities
Preserve, in operating condition, all active utilities traversing the site and not designated to be
disconnected.
G. Provide adequate fire protection in accordance with local Fire Department requirements.
H. Do not close or obstruct street or sidewalks without the proper permit. Conduct operations
with minimum traffic interference.
3.02 DEMOLITION
A. Saw cutting shall be conducted in locations which are designated on the plans so that pavement
to remain shall have a finished edge. Cutting shall be done in a neat, straight line. The
equipment for cutting pavement shall consist of a cutting machine comprised of a suitable
motor, driving a circular cutter, with control devices, and mounted on a sturdy frame,
supported by rubber tire wheels.
B. Demolition shall be done as efficiently and rapidly as possible, with no undue accumulations
of rubbish or debris. Refuse shall be hauled away by the Contractor, with route of travel to and
from point of dumping kept clear and free during periods of use.
C. Take precautions to guard against movement, settlement or collapse of any surrounding
construction designated to remain and be liable for any such movement, settlement or collapse.
3.03 CLEARING AND GRUBBING - GENERAL
A. Prior to removal of any trees or vegetation, the contractor shall verify all trees to remain in the
field with the Landscape Architect. All trees designated for removal shall be cut. Trees located
within future fenced areas shall be ground to 12” below proposed grades. Trees outside the
fence line can be cut flush. In all other areas, all stumps and debris shall be removed from the
property. No burning of materials will be permitted on the site.
B. The felling of trees shall be carefully carried out so as to avoid any damage to trees that are to
remain.
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Brewster Massachusetts
Site Demolition, Clearing & Grubbing/Section 02100 – 4 of 5
C. Remove from the site all brush, rubbish, pavement, concrete or masonry foundations
designated to be removed.
3.04 CONSTRUCTION OF BARRICADES
A. Layout
1. At all trees designated on the plan, construct a temporary barricade around the tree a
minimum of six (6) feet from the trunk.
2. Make barricades at least three (3) feet high, consisting of wood slat and wire snow
fencing, in a square configuration with 2" x 4" wood corner posts set at least 36 inches
into the ground.
B. Protection
1. Take special care in setting posts so as not to damage tree roots.
2. Do not permit stockpiling of materials or debris within the barricaded area nor permit the
earth surface to be changed in any way except as specifically approved by the Architect.
3.04 REMOVAL OF DEBRIS
Remove all debris from the site and leave the site in a neat and orderly condition to the approval of
the Architect. Debris shall consist of stumps, roots and rocks not in compliance with the criteria for
fill (Ref. Section 02200). This debris shall be disposed of by the Contractor in an approved dumping
site in compliance with local codes and the Wetlands Protection Act.
END OF SECTION
Brewster Dog Park
Brewster Massachusetts
Site Demolition, Clearing & Grubbing/Section 02100 – 5 of 5
SECTION 02150
EROSION AND SEDIMENT CONTROL
PART 1 - GENERAL
1.01 CONTRACT PROVISIONS INCORPORATED BY REFERENCE
A. The General Provisions of the Contract, including the General and Supplementary
Conditions and Division 1, apply to the work specified in this Section.
1.02 ITEMS REQUIRED BUT NOT SPECIFIED
A. If an item or material of this trade is indicated in the Drawings but not specifically listed in
this Section, provide such item or material at a standard of quality equal to the standard
established for the balance of the Work specified, in accordance with the Architect's
interpretation.
1.03 EXECUTION, CORRELATION AND INTENT
A. In case of an inconsistency between Drawings and Specifications, or within either
Document not clarified by addendum, the better quality or greater quantity of Work shall
be provided, in accordance with the Architect's interpretation.
1.04 DESCRIPTION OF WORK
A. Provide all equipment and materials, and do all work necessary to construct a complete
erosion and sediment control program for minimizing erosion and sediment control
provisions detailed on the Drawings and specified herein are the minimum requirements
for an erosion control program. The Contractor shall provide additional erosion sediment
control materials and methods as required to affect the erosion and siltation control
principles specified herein.
B. Contractor to comply with requirements for the federal EPA National Pollution Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges from
Construction Activities. The Contractor is responsible for developing a Storm Water
Pollution Prevention Plan (SWPPP) which is part of the NPDES General Permit, and
filing for the NPDES permit, prior to construction. All work on the site shall be conducted
in strict conformance with the SWPPP. A copy of the SWPPP shall be maintained on site
at all times for the duration of the construction.
C. Erosion control and maintenance program, shall include, but not be limited to, installation
and maintenance of silt fences, straw bale check dams, and installation schedules of
erosion control structures.
D. Related work specified elsewhere
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Brewster, Massachusetts
Erosion and Sediment Control/Section 02150 – 1 of 7
Clearing and Grubbing .............................................................Section 02100
Excavation and Backfill ...........................................................Section 02200
1.05 REFERENCED STANDARDS
A. American Association of State Highway and Transportation Officials (AASHTO):
Standard Specifications for Highways and Bridges
B. Commonwealth of Massachusetts Department of Transportation (MassDOT)
Standard Specifications for Highways and Bridges
1.06 SUBMITTALS
A. Proposed methods, materials to be employed, and schedule for effecting erosion and
siltation control and preventing erosion damage shall be submitted for approval.
Submittals shall include:
1. List of proposed material including manufacturer's product data.
2. Schedule of erosion control program indicating specific dates for implementing
programs in each major area of work.
B. The following samples shall be submitted:
Sample Size
Silt fence fabric 12 x 12 in.
C. Seed mixture for temporary seed cover shall be submitted for approval of the Architect.
D. All submittals shall follow the Provisions of Section 01300-Submittals.
1.07 EROSION CONTROL PRINCIPLES
A. The following erosion control principles shall apply to the land grading and construction
phases:
1. Stripping of vegetation, grading, or other soil disturbance shall be done in a manner
which will minimize soil erosion.
2. Whenever feasible, natural vegetation shall be retained and protected.
3. Extent of area that is exposed and free of vegetation and duration of its exposure
shall be kept within practical limits.
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Erosion and Sediment Control/Section 02150 – 2 of 7
4. Temporary seeding, mulching, or other suitable stabilization measures shall be used
to protect exposed critical areas during prolonged construction or other land
disturbances.
5. Drainage provisions shall accommodate increased runoff resulting from
modifications of soil and surface conditions during and after development or
disturbance. Such provisions shall be in addition to existing requirements.
6. Sediment shall be retained on-site.
7. Erosion control devices shall be installed as early as possible in the construction
sequence prior to start of clearing and grubbing operations and excavation work.
B. Cut and fill slopes and stockpiled materials shall be protected to prevent erosion. Slopes
shall be protected with permanent erosion protection when erosion exposure period is
expected to be greater than or equal to six months, and temporary erosion protection when
erosion exposure period is expected to be less than six months.
1. Permanent erosion protection shall be accomplished by seeding with grass and
covering with an erosion protection material, as appropriate for prevailing
conditions.
2. Temporary erosion protection shall be accomplished by covering with an erosion
protection material, as appropriate for prevailing conditions.
3. Except where specified slope is indicated on Drawings, fill slopes shall be limited to
a grade of 2:1 (horizontal: vertical), cut slopes shall be limited to a grade of 2:1.
1.08 EMERGENCY OPERATION PROCEDURES
A. The Contractor shall have on-call at all times capable, responsible representatives who,
when authorized, will mobilize the necessary personnel, materials, and equipment, and
otherwise provide the required action when notified of any impending emergency
situation.
B. The Contractor shall supply a telephone number to the Owner with which the Contractor
may be contacted in the evenings and on weekends. The Contractor shall prepare a 24-
hour "duty roster" for this purpose and submit it in writing to the Architect.
PART 2 - PRODUCTS
2.01 SILT FENCE
A. Silt fence shall be "Envirofence" pre-assembled silt fence structure, manufactured by
Mirafi, Inc., Charlotte, NC, or approved equal.
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Brewster, Massachusetts
Erosion and Sediment Control/Section 02150 – 3 of 7
1. Each package shall include oak post, industrial polypropylene netting, Mirafi 100
sediment control fabric, metal coupler and instructions.
2. Overall length of each fence section shall be minimum 100 ft.; fabric width
minimum of 3 ft., post length minimum of 4 ft. - 6 in.; and post spacing maximum of
8 ft.
3. Posts shall be tapered for ease of installation and beveled at top to resist splitting.
2.02 STRAW BALES
A. Straw bales for construction of straw bale check dam and catch basin filter dam shall be
new, firm wire or nylon-bound livestock feed-grade.
2.03 CRUSHED STONE
A. Crushed stone for straw bale check dam, catch basin filter dam and sediment pond riser
pipe filters shall conform to MassDOT Specifications Section M2.01.3
2.04 FILTER FABRIC
A. Filter fabric for catch basin filter dam shall be Mirafi 140N drainage fabric, manufactured
by Mirafi, Inc., Charlotte, NC, or approved equal.
2.05 TEMPORARY SEED COVER
A. Seed mixture for temporary cover by hydro-seeding application shall conform to the
following:
Quantity per 1000
sq. ft coverage Material
27-1/2 lb. Wood fiber mulch
4 lb. Seed
1/2 lb. Annual Ryegrass
22 lb. 10-6-4 Fertilizer
69 gal. Water
1. Wood fiber mulch shall conform to MassDOT Specifications Section M6.04.4,
"Wood Fiber Mulch".
2. Seed shall conform to MassDOT Specifications Section 6.03.01, "Erosion Seed".
PART 3 - EXECUTION
3.01 TEMPORARY SEED COVER
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Brewster, Massachusetts
Erosion and Sediment Control/Section 02150 – 4 of 7
A. Grass seed shall be spread by mechanical spreader at a rate of 4.0 lb./1000 sq. ft.
B. Following seeding, area shall be tightly raked to mingle seed with the top 1/8 to 1/4 inch of
soil. Areas shall then be smoothed and rolled.
C. Following rolling, entire shall be watered until equivalent of a 2-inch depth of water shall
have been applied to entire seeded surface, at a rate that will not dislodge seed. Water
shall be repeated thereafter as frequently as required to prevent drying of surface, until
grass attains an average height of 1 1/2 inches.
D. At the Contractor's option, seed may be spread by the hydro-seeding methods, utilizing
power equipment commonly used for that purpose. Seed and mulch shall be mixed and
applied to achieve application quantities specified herein for the conventional seeding
method, with mulch applied at the rate of 2700 lb. dry weight of mulch per acre.
A mulching machine, acceptable to the Architect, shall be equipped to eject the thoroughl y
wet mulch material at a uniform rate to provide the mulch coverage specified. Other
provisions specified above for conventional seeding shall apply to hydro seeding.
1. If the results of hydro-seeding application are unsatisfactory, the mixture and/or
application rate and methods shall be modified to achieve the required results.
2. 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 re-seeded and such areas
and parts of areas seeded repeatedly until all areas are covered with a satisfactory
growth of grass.
3.02 SILT FENCE
A. Silt fencing shall be placed around existing drainage channels and at the no-cut and no fill
lines before commencement of any earthwork. Silt fencing shall be installed prior to all up
gradient earthwork.
B. Silt fence shall be installed around the stockpiled topsoil and other aggregate material.
3.03 STRAW BALE DAM
A. Bales shall be placed in a row with ends tightly abutting the adjacent bales. Each bale shall
be embedded in the soil a minimum of 4 inches. Bales shall be securely anchored in place
by stakes or re-bars driven through the bales. The first stake in each bale shall be angled
toward the previously laid bale to force the bales together.
3.04 MAINTENANCE AND REMOVAL OF EROSION CONTROL DEVICES
A. The Contractor shall inspect the effectiveness and condition of the erosion control devices
during storm events, after each rainfall of one-inch magnitude or greater, prior to
weekends, and prior to any forecasted storm events.
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Erosion and Sediment Control/Section 02150 – 5 of 7
B. Wetland areas, watercourses, and drainage swales adjacent to construction activities shall
be monitored twice each month for evidence of silt intrusion and other adverse
environmental impacts, which shall be corrected immediately upon discovery.
C. Culverts and drainage ditches shall be kept clean and clear of obstructions during
construction period.
1. Cleaning: Sediment build-up at silt fencing and straw bale structures shall be
removed when the sediment accumulation is 1/2 the design height. Sediment basin
shall be cleaned when the sediment accumulates to one foot of depth.
2. The Contractor shall repair or replace damaged erosion control devices immediately,
and, in no case, more than four hours after observing such deficiencies, and as
directed by the Architect.
3. The Contractor shall be prepared to implement interim drainage controls and erosion
control measures as may be necessary during the course of construction, and as
directed by the Architect.
4. The Contractor shall make available on-site, equipment, materials and labor
necessary to effect emergency erosion control and drainage improvements within
four hours of any impending emergency situation.
5. The Contractor shall comply with recommendations of the Architect to make repairs
or supplement erosion control procedures during the course of construction.
6. If, in the opinion of the Architect, the sequencing of operations, condition of erosion
control devices, and turbidity level of runoff are unsatisfactory, the Architect will
direct the Owner to order the Contractor to cease work and order the Contractor to
make corrections within 24 hours, at no expense to the Owner.
7. The Contractor shall make a final inspection, clean all cross culverts and sweep off
roadways as approved by the Architect before Contract closeout.
8. Condition of erosion control device shall be checked twice each month or more
frequently as required. Damaged and/or deteriorated items shall be replaced.
Erosion control devices shall be maintained in place and in effective condition.
9. Straw bales shall be inspected frequently and maintained or replaced as required to
maintain both their effectiveness and essentially their original condition. Underside
of bales shall be in close contact with the earth below at all times, as required to
prevent water from washing beneath bales.
10. Sediment deposits shall be disposed of off-site, in a location and manner that will not
cause sediment nuisance elsewhere.
D. Removal of Erosion Control Devices
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Erosion and Sediment Control/Section 02150 – 6 of 7
1. Erosion control devices shall be maintained until all disturbed earth has been paved
or vegetated, at which time they shall be removed. After removal, areas disturbed by
these devices shall be re-graded and seeded.
2. Erosion protection material shall be kept securely anchored until acceptance of
completed slope or entire Project, whichever is later.
3.05 NPDES CONSTRUCTION GENERAL PERMIT COMPLIANCE
Contractor to comply with requirements for the federal EPA National Pollution Discharge
Elimination System (NPDES) General Permit for Storm Water Discharges from Construction
Activities. Compliance by the contractor shall include, but is not limited to, the following:
· Contractor shall prepare and submit the EPA Notice of Intent as required by provisions of the
general permit.
· Contractor shall develop, implement and maintain a Storm Water Pollution Prevention Plan
(SWPPP) that adheres to the requirements contained in the general permit.
· Contractor shall adhere to the permit requirements in regard to site inspections and
recordkeeping.
· Contractor shall submit Notice of Termination documentation to the EPA at the end of the
construction period.
General information in regard to the Construction General Permit, as well as information relating
to permit compliance, can be found at the NPDES web site (http://cfpub.epa.gov/npdes).
A failure by the contractor to comply with provisions of the General Permit for Storm Water
Discharges from Construction Activities in a timely manner shall not constitute grounds for an
extension of the contract period.
END OF SECTION
Brewster Dog Park
Brewster, Massachusetts
Erosion and Sediment Control/Section 02150 – 7 of 7
SECTION 02200
EXCAVATING, FILLING AND GRADING
PART 1 - GENERAL
1.01 CONTRACT PROVISIONS INCORPORATED BY REFERENCE
The General Provisions of the Contract, including the General and Supplementary Conditions
and Division 1, apply to the work specified in this Section.
1.02 SECTION INCLUDES:
A. Excavating, filling and grading required for this work includes, but is not necessarily
limited to the following:
1. Stripping and stockpiling topsoil
2. Protection
3. Excavation:
a. General excavation to lines and grades indicated, including but not limited to
excavation for the walkways, fencing and dog play structure
b. Excavation and backfill of utilities.
4. General exterior rough grading, cutting and filling as required.
5. Filling and backfilling as required including furnishing of any extra material
required, including compaction.
6. Compacted gravel for pavement areas and footings.
7. Disposal of excess or unsuitable material.
9. Dewatering and control of water, as required, for construction purposes.
1.03 RELATED WORK DESCRIBED ELSEWHERE
A. Site Demolition, Clearing and Grubbing ......................Section 02100
B. Bituminous Concrete Pavement ...................................Section 02600
C. Seeding .........................................................................Section 02850
D. Cast-in Place Concrete .................................................Section 02980
1.04 JOB CONDITIONS
A. Dust Control
1. Use all means necessary to control dust on and near the work and on and near all off-
site borrow areas, if such dust is caused by the Contractor's operations during
performance of the work or if resulting from the condition in which the Contractor
leaves the site.
2. Thoroughly moisten all surfaces as required to prevent dust being a nuisance to the
public, neighbors and concurrent performance or other work on the site.
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Brewster, Massachusetts
Excavating, Filling & Grading/Section 02200 -1 of 11
B. Protection
1. Use all means necessary to protect materials of this Section before, during and after
installation and to protect all objects designated to remain.
2. Excavation, sidewalks, trenches, etc., shall be kept properly fenced and guarded.
Lights shall be provided and maintained wherever and whenever necessary.
3. Shoring
Do all shoring, bracing, etc., necessary to support soil adjoining the excavation. The
same shall be removed when directed. Provide steel sheeting as required to protect
foundation of existing building.
4. In the event of damage, immediately make all repairs and replacements necessary to
the approval of the Landscape Architect at no additional cost to the Owner.
5. Provide flagmen and police protection where required.
1.05 QUALITY ASSURANCE
A. Compaction Control
Wherever a percentage of compaction for backfill is indicated or specified, it shall be the
in-place density divided by the maximum density and multiplied by 100.
B. The maximum density shall be the density at optimum moisture as determined by ASTM
Standard Methods of Test for Moisture - Density Relations of Soil Using 10-lb. Rammer
and 18-inch Drop, Designation D1557-78. Where all of the material passes a No. 4 sieve,
Method A shall be used, and where material is retained on the No. 4 sieve, Method D shall
be used.
C. Where Method D is used, the maximum density shall be corrected if some of the material
is larger that 3/4 inch. The corrected maximum density shall be determined by the
following formula:
P x D P x 0.90 x D
D = f f + C t
100 100
Where:
D = Corrected maximum density
Pc = Percent of material retained on the 3/4 inch sieve
Pf = Percent of material passing the 3/4 inch sieve+
Df = Maximum density of material passing the 3/4 inch sieve
Dt = Bulk specific gravity of material retained on the 3/4 inch sieve multiplied by
62.4
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Brewster, Massachusetts
Excavating, Filling & Grading/Section 02200 -2 of 11
D. The in-place density shall be determined in accordance with ASTM Standard Method of
Test for Density of Soil in Place by the Sand Cone Method, Designation D1556-64.
E. All materials used on-site are subject to the approval of the Landscape Architect and
unsuitable materials shall be removed from the site.
1.06 MATERIAL TESTING
A. Test of backfill materials as delivered will be performed at the discretion of the Landscape
Architect. Materials in question may not be used, pending test results. Remove rejected
material and replace with new, approved material.
Test to be performed: sieve analysis
B. Cooperate with the laboratory in obtaining field samples of in-place, bank-run, borrow or
stockpiled materials. Samples should be obtained by laboratory personnel from various
suppliers, but other individuals may obtain and deliver samples if approved by the
Landscape Architect.
C. The Contractor shall bear cost of all testing of materials
PART 2 - PRODUCTS
2.01 FILL MATERIAL, GENERAL
A. Approval Required
All fill material shall be subject to the approval of the Landscape Architect.
B. Notification
For approval of imported fill material, notify the Landscape Architect at least four working
days in advance of intention to import material; designate the proposed borrow area, and
permit the Landscape Architect to sample, as necessary, from the borrow area for the
purpose of making acceptance tests to prove the quality of the material. Fill material from
on site may be used on another, if considered acceptable by the Landscape Architect.
2.02 ON-SITE FILL MATERIAL
On-site fill shall be well graded, natural inorganic soil, approved by the Landscape Architect and
meeting the following requirements:
A. It shall be free of organic or other weak or compressible materials, of frozen materials, and
of stones larger than six inches maximum dimensions.
B. It shall be of such nature and character that it can be compacted to the specified densities in
a reasonable length of time.
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Brewster, Massachusetts
Excavating, Filling & Grading/Section 02200 -3 of 11
C. It shall be free from highly plastic clays, from all materials subject to decay,
decomposition, or dissolution and from cinders or other material which will corrode piping
or other metal.
D. It shall have a maximum dry density of not less than 100 lbs. per cubic foot.
2.03 IMPORTED FILL MATERIAL
A. All imported fill material shall meet the requirements of Article 2.02, and shall, in addition,
be predominately granular with a maximum particle size of 3 inches and a plasticity index
of 12 or less.
B. All imported fill material shall also meet the requirements of the Conservation
Commission Order of Conditions pertaining to clean fill. See Order of Conditions
appended to Section 02150.
2.04 TRENCH BACKFILL
All on-site fill material used for trench and structural backfill shall meet the requirements of
Article 2.02.
2.05 DENSE-GRADED CRUSHED STONE (Sub-base)
Granular base under all areas receiving bituminous concrete paving or gravel paving shall be a
subbase material combining crusher-run coarse aggregates of crushed stone and fine aggregates
of natural sand or stone screenings uniformly premixed with a predetermined quantity of water
meeting the requirements of Article M2.01.7
The composite material shall be free from clay, loam or other plastic material, and shall meet the
following grading requirements:
Sieve Designation Percent Passing
2 inch 100
1 1/2 inch 70-100
3/4 inch 50-85
No. 4 30-55
No. 50 8-24
No. 200 3-10
2.06 STRUCTURAL FILL
A. Structural fill shall be Type C Gravel borrow in accordance with MassDOT, Section
M.103.0. It shall be graded as follows and have no stones larger than two (2) inches.
Structural fill shall be used exclusively as backfill under all slabs, roadways, footings, or
any load bearing component where additional material is required to reach desired grades.
Sieve Size Percent Passing
3" 100
1/2" 50-85
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Excavating, Filling & Grading/Section 02200 -4 of 11
No. 4 40-75
No. 50 8-28
No. 200 0-8
B. It shall be free of organic material, loam, snow, ice frozen soil and other objectionable
material.
C. When both structural fill and gravel borrow are used on same site, they shall be the same
material from the same source.
2.07 SAND - GRAVEL
A. Sand-Gravel shall consist of durable sand and gravel and shall be free from ice and snow, roots,
sod, rubbish and other deleterious or organic matter. Sand-Gravel shall conform to the following
gradation requirements:
Sieve Size Percent Passing
3 inch 100
1/2 inch 50 - 85
No. 4 40 - 75
No. 40 10 - 35
No. 200 0 - 8
2.08 CRUSHED STONE
A. Crushed Stone shall consist of durable crushed rock or durable crushed gravel stone and shall be
free from ice and snow, clay, loam and other deleterious or organic matter. Crushed Stone shall
conform to the following gradation requirements:
Sieve Size Percent Passing
1 inch 100
3/4 inch 90 - 100
1/2 inch 10 - 50
3/8 0 - 20
# 4 0 - 5
2.09 RIP RAP
The stones used for Rip-Rap shall be sound, durable rock which is angular in shape as per
Section M2.02.0 of the MassDOT Standard Spec. for Highways and Bridges.
2.10 ¾” TRAP ROCK GRAVEL (¾” TRG)
Processed Trap (Quarry) Rock. The composite material shall be free from clay, loam or other
plastic material, and shall meet the following grading requirements:
Sieve Designation Percent Passing
1 inch 100
3/4 inch 90-100
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Excavating, Filling & Grading/Section 02200 -5 of 11
1/2 inch 90-100
3/8 inch 70-80
No. 4 50-60
No. 8 30-40
No. 16 20-30
No. 30 10-20
No. 50 5-10
No. 100 5-10
No. 200 5-10
2.10 RICE STONE
Rice Stone shall be washed and consist of durable varied sizes from 1/8”-1/2” elongated rice
stones and shall be free from ice and snow, clay, loam, and other deleterious or organic matter.
PART 3.00 - EXECUTION
3.01 GENERAL
A. Prior Familiarization
Prior to all work of this Section, become thoroughly familiar with the site, the site
conditions, and all portions of the work falling within this Section.
B. The Contractor shall establish the baseline shown on the drawings and accurately lay out
all improvements related thereto. All work and control points shall be preserved by a
system of offsets and/or ties in order to prevent destruction. Elevations shall be established
from the project benchmark shown on the Contract Plans.
C. Backfilling Prior to Approvals
1. Do not allow or cause any of the work performed or installed to be covered up or
enclosed by work of Section prior to all required inspections, tests and approvals.
2. Should any of the work be so enclosed or covered up before it has been approved,
uncover all such work at no additional cost to the Owner.
3. After the uncovered work has been completely tested, inspected and approved, make
all repairs and replacements necessary to restore the work to the condition in which it
was found at the time of uncovering, all at no additional cost to the Owner.
D. Stripping of Topsoil
Any topsoil within "Limits of Work" and where excavation or filling will occur shall be
stripped, cleaned of all rocks and debris and stockpiled on site for use in finish grading.
Surplus topsoil shall be retained by the Owner. Stockpile surplus in area to be seeded for
Owner's use elsewhere.
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3.02 FINISH ELEVATIONS AND LINES
Contractor shall be responsible for setting and establishing finish elevations and lines, to the
required tolerances. Carefully preserve all data and all monuments set and, if displaced or lost,
immediately replace to the approval of the Landscape Architect, at no additional cost to the
Owner.
3.03 EXCAVATING
A. Excavate site as shown on the drawings and cross-sections. All suitable material must be
stored on site and utilized as backfill or in embankments. Surplus or unsuitable material
shall be removed and disposed of off the site.
B. Depressions Resulting from Removal of Obstructions
Where depressions result from, or have resulted from, the removal of surface or subsurface
obstructions, open the depression to equipment working width and remove all debris and
soft material as directed by the Landscape Architect.
C. Other Areas
1. Excavate to grades shown on the drawings or described elsewhere.
2. Where excavation grades are not shown on the drawings, excavate as required to
accommodate the installation.
3. Side slopes of excavations must not exceed the angle or repose of the material
encountered; otherwise shore and brace where sloping is not possible either because
of space limitations or the stability of the material excavated. Maintain sides and
slopes of excavations in a safe condition until completion of backfilling by benching,
shelving or bracing.
4. If unauthorized excavation occurs beyond the limits established on the drawings,
Contractor shall be responsible for the repair of the area by backfilling with approved
material and compacting to 95 percent maximum density at no additional expense to
the Owner.
5. If suitable bearing is not found at levels shown on Drawings, the Landscape
Architect shall be notified in writing so that any adjustments in level or changes may
be made immediately.
D. Over-Excavation
Backfill and compact all over-excavated areas as specified for fill below at no additional
cost to the Owner.
E. Perform earthwork in a manner to prevent surface water and subsurface or groundwater
from flowing into excavations and to prevent water from flooding the project site and
abutting streets. Do not allow water to accumulate in excavations. Remove water using
dewatering methods which will prevent softening adjacent areas, undercutting footings or
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Excavating, Filling & Grading/Section 02200 -7 of 11
causing other damage. Provide and maintain pumps, sumps, suction and discharge line and
other components that are necessary to convey water away from excavations.
F. Peat, Muck and Rubble Excavation
Excavate and remove from the site all peat, muck and rubble to the depths and widths as
shown on the plans so as to completely remove the unsuitable material to firm bottom. The
area is to be dewatered in order that the Landscape Architect can inspect the bottom and
verify that all organic material has been removed. All backfilling shall be done with the
area dewatered.
3.05 EXCESS WATER CONTROL
A. Unfavorable Weather
1. Do not place, fill or roll up any fill material during unfavorable weather conditions.
2. Do not resume operations until moisture content and fill density are satisfactory to
the Landscape Architect.
B. Flooding
Provide berms or channels to prevent flooding of sub-grade; promptly remove all water
collecting in depressions.
C. Softened Sub-grade
Where soil has been softened or eroded by flooding or placement during unfavorable
weather, remove all damaged areas and re-compact as specified for fill and compaction
below.
D. Dewatering
1. Provide and maintain, at all times during construction, ample means and devices with
which to promptly remove and dispose of all water from every source entering the
excavations or other parts of the work.
2. Dewater by means which will ensure dry excavations and the preservation of the
final lines and grades of bottoms of excavations.
3.06 FILL AND COMPACTION
A. Filling
After sub-grade compaction has been approved by the Landscape Architect, spread
approved fill material in layers not exceeding eight (8) inches in un-compacted thickness.
B. Moisture-Conditioning
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Excavating, Filling & Grading/Section 02200 -8 of 11
Water or aerate the fill material as necessary and thoroughly mix to obtain a moisture
content which will permit proper compaction.
C. Compaction - General
Compact each soil layer to at least the specified minimum degree; repeat compaction
process until plan grade is attained.
D. Degree of Compaction Requirements
1. Pavement Area
Compact fill in pavement areas to a minimum degree of compaction of 95% using 20
ton roller.
2. Contractor responsible for compaction testing by approved testing agency. All fees
for testing shall be included in the base bid price
3.07 GRADING
A. General
Except as otherwise directed by the Landscape Architect, perform all rough and finish
grading required to attain the elevations indicated on the drawings. All trenches shall be
backfilled so as to be flush with pervious finish grades.
B. Grading Tolerances
1. Rough Grade
Bitum. Concrete ...................................................... plus/minus 0.1 ft.
2. Finish Grade
Coarse aggregate under
concrete slabs ........................................................ plus/minus 0.1 ft.
C. Treatment After Completion on Grading
1. After grading is completed and the Landscape Architect has finished his inspection,
permit no further excavation, filling or grading, except with the approval and
inspection of the Landscape Architect.
2. Use all means necessary to prevent the erosion of freshly graded areas during
construction and until such time as permanent drainage and erosion control measures
have been installed.
3.08 EXCAVATING FOR FOOTING/TRENCHINGS
A. General
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Excavating, Filling & Grading/Section 02200 -9 of 11
1. Perform all trenching required for the installation of items where trenching is not
specifically described in other Sections of these Specifications.
2. Make all trenches open vertical construction with sufficient width to provide free
working space at both sides of the trench and around the installed item as required
for caulking, joining, backfilling, and compacting.
B. Depth
Trench as required to provide the elevations shown on the drawings.
C. Correction of Faulty Grades
Where trench excavation is inadvertently carried below proper elevations, backfill with
material approved by the Landscape Architect, and then compact to provide a firm and
unyielding subgrade and/or foundation to the approval of the Landscape Architect, at no
additional cost to the Owner.
D. Trench Bracing
1. Properly support all trenches in strict accordance with all pertinent rules and
regulation.
2. Brace, sheet and support trench walls in such a manner that they will be safe, that the
ground alongside the excavation will not slide or settle, and that all existing
improvements of every kind, whether on public or private property, will be fully
protected from damage.
3. In the event of damage to such improvements, immediately make all repairs and
replacements necessary to the approval of the Landscape Architect at no additional
cost to the Owner.
4. Arrange all bracing, sheeting and shoring so as to not place stress on any portion of
the complete work until the general construction thereof has proceeded far enough to
provide sufficient strength.
E. Removal of Trench Bracing
Exercise care in the drawing and removal of sheeting, shoring, bracing and timbering to
prevent collapse or caving of the excavation faces being supported.
F. Grading and stockpiling Trenched Material
1. Control the stockpiling of trenched material in a manner to prevent water running
into the excavation.
2. Do not obstruct surface drainage, but provide means whereby storm and waste waters
are diverted into existing gutters, other surface drains, or temporary drains.
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Excavating, Filling & Grading/Section 02200 -10 of 11
3.09 BACKFILL
A. General
1. All backfilling shall be compacted every 6" in depth to avoid settlement. In
backfilling against walls or pipelines, the backfill shall be placed and compacted on
both sides at the same time to avoid undue strain.
2. Fill material within 2 feet of outside building lines shall be gravel borrow for the full
depth to the footing. Fill beyond this limit may be on-site excavated material or
gravel borrow.
3. Any additional material necessary to complete the backfilling shall be furnished by
the Contractor.
4. Place gravel base material under concrete pads a minimum of 12" deep, compacted to
95% maximum dry density.
3.10 CLEANING UP
Upon completion of the work of this Section, immediately remove all debris and excess earth
materials from the site.
END OF SECTION
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SECTION 02800
PLANTING
PART 1 - GENERAL
1.01 CONTRACT PROVISIONS INCORPORATED BY REFERENCE
The General Provisions of the Contract, including the General and Supplementary Conditions
and Division 1, apply to the work specified in this Section.
1.02 SECTION INCLUDES
Planting required for the Work is indicated on the Drawings and, in general, includes planting of
trees and/or shrubs throughout the Work including furnishing all materials, equipment, and labor
necessary for root protection, and tree guards where applicable.
1.03 RELATED WORK
A. Excavating, Filling & Grading .............................................................Section 02200
1.04 QUALITY ASSURANCE
A. Qualifications of Workmen
Provide at least one person who shall be present at all times during execution of this
portion of the Work, thoroughly familiar with the type of materials being installed and the
best methods of their installation, and direct all work performed under this Section.
B. Standards
1. All plants and planting material shall meet or exceed the specifications of Federal
and State laws requiring inspection for plant disease and insect control.
2. Quality and size shall conform to the current edition of "Horticultural Standards" for
number one grade nursery stock, as adopted by the American Association of
Nurserymen. Trees shall be nursery grown in New England, New York or New
Jersey, whose climatic conditions are similar to the project site.
3. All plants shall be true to name and one of each bundle or lot shall be tagged with the
name and size of the plants, in accordance with the standards of practice of the
American Association of Nurserymen. In all cases, botanical names shall take
precedence over common names.
1.05 SUBMITTALS
A. Materials List
Thirty days before any planting materials are delivered to the job site, submit to the
Landscape Architect a complete list of all plants and other items proposed to be installed:
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Planting/Section 02800 - 1 of 11
1. Include a complete data on source, size, and quality.
2. Demonstrate complete conformance with the requirements of this section.
3. This shall in no way be construed as permitting substitution for specific items
described in the Drawings or these Specifications unless the substitution has been
approved in advance by the Landscape Architect.
B. Certificates
1. All certificates required by law shall accompany shipments.
2. Upon completion of the installation, deliver all certificates to the Landscape
Architect.
C. All submittals shall follow the Provisions of Section 01300-Submittals.
1.06 PRODUCT HANDLING
A. Delivery and Storage
1. Deliver all items to the site in their original containers with all labels intact and
legible at time of Landscape Architect's inspection.
2. Immediately remove from the site all plants which are not true to name and all
materials which do not comply with the provisions of this Section of these
Specifications.
3. Use all means necessary to protect plant materials before, during and after
installation and to protect the installed work and materials of all trades.
B. Replacements
In the event of damage or rejection, immediately make all repairs and replacements
necessary to the approval of the Landscape Architect, at no additional cost to the Owner.
C. Planting Season
1. Planting shall be done within the following dates:
Deciduous Material: March 1 - June 15
2. If special conditions exist which may warrant a variance in the above planting dates,
a written request shall be submitted to the Project Landscape Architect stating the
special conditions and the proposed variance. Permission for the variance will be
given if warranted in the opinion of the Landscape Architect. Variances permitted
will not relieve the Contractor from liability for damages caused by planting out of
season.
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Planting/Section 02800 - 2 of 11
PART 2 - PRODUCTS
2.01 FERTILIZER
A. General
All fertilizer shall be a commercial balanced 14-14-14 ratio of N-P-K fertilizer, and shall
conform to the applicable State fertilizer laws. Each tree will be fertilized with slow
release "Osmocote 14-14-14" which shall be applied according to manufacturer's
specifications. Any fertilizer which becomes caked or otherwise damaged, making it
unsuitable for use, will not be accepted.
2.02 SOIL AMENDMENT
All soil amendment shall be peat; a domestic product consisting of partially decomposed
vegetable matter of natural occurrence. It shall be brown, clean, low in content of mineral and
woody material, mildly acid and granulated or shredded, and fortified with organic nitrogen or an
equal commercial soil amendment approved in advance by the Landscape Architect.
2.03 BARK MULCH
Shredded cedar bark mulch shall consist of a standard size, free of chunks and pieces of wood
thicker than 1/4" and approved by the Landscape Architect. The mulch must be partially
decomposed and dark brown in color.
2.04 TREE STAKES
Unless otherwise indicated on the Drawings, all tree stakes shall be spruce or fir construction
grade, rough-sawn, 2" x 2" x 10' long. All exposed portions of each tree stake to be stained black.
2.05 PEAT MOSS
Brown; acid reaction about 4 to 5 pH; low in content of wood material and free of mineral matter
harmful to plant life; water absorbing capacity, 1100 to 2000 percent; moisture content 30
percent natural, shredded or granulated.
2.06 WATER
Contractor shall make, at his expense, whatever arrangements may be necessary to ensure an
adequate supply of water to meet the needs of this contract. He shall also furnish all necessary
hose, equipment, attachments, and accessories for the adequate irrigation of lawns and planted
areas as may be required to complete the work as specified.
2.07 PLANTING SOIL
A. The Contractor shall supply loam which shall be prepared by the Contractor so as to be free
from subsoil, stumps, roots, stones over one (1) inch diameter and other extraneous
materials. Materials removed shall be disposed of by the Contractor. Soil shall not be used
for planting while in a frozen or muddy condition.
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Planting/Section 02800 - 3 of 11
B. Planting soil mix shall consist of seven parts loam and one part peat moss by volume. It
shall have pH value between pH 6.0 to pH 6.5. For spring planting only, add five pounds
of 11-8-4 commercial fertilizer per cubic yard of planting soil; mix thoroughly.
Mix all materials at the proportions or amounts specified herein. Mixing shall be done by
an approved method. Under no conditions shall mixing be done if materials are wet or in
otherwise unsatisfactory condition, as determined by the Landscape Architect.
2.08 PLANT MATERIALS
Plant materials shall be true to species and variety specified and shall be nursery grown in
accordance with good horticultural practice under climatic conditions similar to those in the
locality of the project for at least two years. They shall have been root-pruned within the last two
years and shall be freshly dug. No heeled-in plants or plants from cold storage will be accepted.
A. Unless specifically noted otherwise, all plants shall be of specimen quality; exceptionally
heavy; and symmetrical, so trained or favored in development and appearance as to be
unquestionable and outstandingly superior in form, compactness and symmetry. They shall
be sound; healthy; vigorous; well-branched and densely foliated when in leaf; free of
disease; insects; eggs or larvae; and shall be free from physical damage or conditions that
would prevent thriving growth.
B. Plants shall not be pruned before delivery. Trees with multiple leaders, unless specified,
will be rejected. Trees with a damaged or crooked leader, abrasion of bark, sun scalds,
disfiguring knots, insect damage, or cuts of limbs over 3/4" in diameter, not completely
closed, will be rejected.
C. Plants shall conform to measurements specified in the Plant Lists, except that plants larger
than specified may be used if approved by the Landscape Architect. Use of such plants
shall not increase the Contract price. If larger plants are approved, the root ball shall be
increased in proportion to the size of the plant.
D. Caliper measurement shall be taken on the trunk 6" above natural ground line for trees up
to 4" in caliper and 12" above the natural ground line for trees over 4" in caliper. Height
and spread dimensions specified refer to the main body of the plant and not from branch tip
to tip. Plants shall be measured when branches are in their normal position. If a range of
size is given, no plant shall be less than the minimum size, and not less than 50 percent of
the plants shall be as large as the maximum size specified. Measurements specified are
minimum size, acceptable after pruning where pruning is required. Plants that meet
measurements but do not possess a normal balance between height and spread shall be
rejected.
E. All plants shall be labeled with correct plant name and size. Labels shall be attached
securely to all plants, bundles, and containers of plant materials delivered with care that
those attached directly to plants will not restrict growth.
F. Substitutions of plant materials will not be permitted, unless authorized in writing by the
Landscape Architect. If proof is submitted and substantiated in writing that any plant
specified is not obtainable, a proposal will be considered for use of the nearest available
size or similar variety with a corresponding adjustment of Contract price.
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Planting/Section 02800 - 4 of 11
G. Type of Protection to Roots
1. Balled and Burlapped Plants
Plants designated "B&B" in the Plant List shall be balled and burlapped. They shall
be dug with firm, natural balls of earth of sufficient diameter and depth to encompass
the fibrous and feeding root system necessary for full recovery of the plant. Balls
shall be firmly wrapped with burlap or similar material and bound with twine, cord,
or wire mesh. Where necessary to prevent breaking or cracking of the ball during the
process of planting, the ball may be secured to a platform.
2. Protection After Delivery
The balls of "B&B" plants which cannot be planted immediately on delivery shall be
covered with moist soil or mulch, or other protection from drying winds and sun.
Bare-rooted plants shall be planted or heeled-in immediately upon delivery. All
plants shall be watered as necessary until planted.
2.09 INSPECTIONS
Certificates of inspection shall accompany invoices for each shipment of plants as may be
required by law for transportation. File certificates with the Landscape Architect prior to
acceptance of the material. Inspection by Federal or State Governments at place of growth does
not preclude rejection of plants at the work site.
2.10 SELECTION AND TAGGING
A. Plants shall be subject to inspection and approval by the Landscape Architect at their place
of growth and upon delivery for conformity to specification requirements. Such approval
shall not impair the right of inspection and rejection during the progress of the work. A
Contractor's representative shall be present at all inspections.
B. Written requests for inspection of plant material at their place of growth shall be submitted
to the Landscape Architect at least 10 calendar days prior to digging. Written requests
shall state the place of growth and quantity of plants to be inspected. The Landscape
Architect may refuse inspection at this time if, in his judgment, a sufficient quantity of
plants are not available for inspection.
C. Plants identified as "selection specimen" shall be approved and tagged at their place of
growth. For distant material, submit photographs for pre-inspection review.
2.11 PLANT LABELS
Plant labels shall be durable, legible stating the correct plant name and size in weather-resistant
ink or embossed process lettering.
2.12 GUYING, STAKING, AND WRAPPING MATERIALS
Ground anchors shall be castings, stamped steel, or deadmen of wood or other material approved
by the Landscape Architect. Width across top span and length, exclusive of pin from top to
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Planting/Section 02800 - 5 of 11
arrowed tip, shall conform to the following list. Assemblies for anchors shall also conform to the
following list:
Tree Caliper ......................................................... 2 - 5 inches
Anchor Size .............................................................. 4 inches
Type Wire
Capacity 3,500 lbs.
Assembly 36" length; .120 diameter
Guying cable shall be five strand, 3/16" diameter steel cable. Turnbuckles shall be galvanized or
dip-painted, having a 3" minimum lengthwise opening fitted with screw eyes. Eyebolts shall be
galvanized, having a 1" opening fitted with screw length of 1>". Hose shall be suitable lengths
of two-ply, reinforced, black rubber hose, 3/4" in diameter. Stakes for supporting trees shall be 2-
1/2 inches square of round, by 8 feet sound wood, treated for one half their length with creosote
or equal.
Flags to be fastened to guys shall be of sound wood about 1/2 inch by 3 inches by 12 inches with
a 3/8 inch hole centered 1-1/2 inches from each end, or 1-1/2 inches by 12 inches sheetmetal with
corners clipped and punched both ends, painted white.
Hose to encase guy wires or wires used for fastening trees to stakes shall be new or used 2-ply
reinforced rubber garden hose.
Wrapping material for tree trunks shall be standard burlap, heavy crepe paper, or other suitable
material, in strips 6 to 10 inches wide.
2.13 TREE PAINT
Tree paint shall be "Cabot Tree Paint" or approved equal.
2.14 ANTI-DESICCANT
Anti-desiccant shall be an emulsion which provides a protective film over plant surfaces,
permeable enough to permit transpiration. It shall be delivered in containers of the manufacturer
and mixed according to the manufacturer's directions ("Wiltpruf" manufactured by Nursery
Specialty Products Inc., Stubbings Road, Groton Falls, New York, or approved equal).
PART 3 - EXECUTION
3.01 SURFACE CONDITIONS
A. Inspection
1. Prior to all work of this Section, carefully inspect the installed work of all other
trades and verify that all such work is complete to the point where this installation
may properly commence.
2. Verify that planting may be completed in accordance with the original design and the
referenced standards.
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Planting/Section 02800 - 6 of 11
B. Discrepancies
1. In the event of discrepancy, immediately notify the Landscape Architect.
2. Do not proceed with installation in areas of discrepancy until all such discrepancies
have been fully resolved.
3.02 EXCAVATION OF PLANTING AREAS
A. Stake out the ground locations for plants and outlines of areas to be planted and obtain
approval of the Landscape Architect before excavation is begun. A minimum of 30 percent
of total planting must be staked before inspection will be made.
B. Excavate tree and shrub pits as shown on the Drawings.
C. Separate sub-grade soils from the upper topsoil portions and remove immediately wherever
encountered during planting operations.
D. Notify the Landscape Architect in writing of all soil condition which the Contractor
considers detrimental to growth of plant material. State condition and submit proposal in
writing to the Landscape Architect for correcting condition.
Notify the Landscape Architect in writing of all soil or drainage conditions which the
Contractor considers detrimental growth of plant material.
E. Test drainage of suspect plant beds and pits by filling with water twice in succession.
Conditions permitting the retention of water in planting beds for more than 12 hours shall
be brought to the attention of the Landscape Architect.
F. If rock, underground construction work, tree roots, or obstructions are encountered in the
excavation of plant pits, alternate locations may be considered by the Landscape Architect.
Where location cannot be changed, as determined by the Landscape Architect, submit cost
required to remove the obstructions to a depth of not less than 6" below the required pit
depth. Proceed with work after approval of the Landscape Architect.
3.03 PLANTING OPERATIONS
A. Digging and Handling of Plant Materials to be Relocated
1. Immediately before digging, spray all plant material in full leaf with anti-desiccant,
applying an adequate film over trunks, branches, twigs, and/or foliage.
2. Dig, ball and burlap ("B&B") plants with firm, natural balls of earth with diameter
not less than that recommended by American standard for Nursery Stock and of
sufficient depth to include the fibrous and feeding roots. Plants moved with a ball
will not be accepted if the ball is cracked or broken before or during planting
operation.
3. Protect plants at all times from sun or drying winds. Plants that cannot be planted
immediately on delivery shall be kept in the shade, well protected with soil, wet
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Planting/Section 02800 - 7 of 11
moss, or other acceptable materials and shall be kept well watered. Plants shall not
remain unplanted for longer than three days after delivery.
4. Plants shall not be bound with wire or rope at any time so as to damage the bark or
break branches. Plants shall be lifted and handled from the bottom of the ball only.
B. Planting Trees
1. Protect plants at all times from sun or drying winds. Plants that cannot be planted
immediately on delivery shall be kept in the shade, well protected with soil, wet
moss, or other acceptable material and shall be kept well watered. Plants shall not
remain unplanted for longer than three days after digging. Plants shall not be bound
with wire or rope at any time so as to damage the bark or break branches. Plants
shall be lifted and handled from the bottom of the ball only.
2. Contractor shall excavate treewell with vertical sides and bottom of excavation at
proper depth for the rootball. Planting hole depth to be as shown on details.
If during excavation, utilities or other obstructions (i.e. boulders, hidden tree stumps,
etc.) are found, the Contractor shall immediately stop work at that specific location
and notify the Town. The Town will them make a decision whether to continue with
work or find an alternate location. Unusable treewells are to be immediately
backfilled and compacted to their original grade.
Install tree root barrier as shown on detail and backfill accordingly
Set plants at same relationship to finished grade as they bore to the ground from
which they were dug. Set plant plumb and brace rigidly in position until prepared
topsoil has been tamped solidly around ball and roots.
3. Cut and remove ropes, strings and wrappings from top 1/3 of ball after plant has been
set. Leave balance of wrappings intact around ball. If wrapping is plastic, remove
top 2/3.
4. Backfill plant pits with prepared planting soil. When plant pits have been backfilled
approximately 2/3 full, water thoroughly, eliminating all air pockets. After watering,
install planting soil to top of pit and repeat watering.
5. Form saucer around tree as indicated on the Drawings.
6. Finish grade planting areas to conform to grades on Drawings.
7. Mulch all pits and beds with a 4" layer of shredded bark mulch immediately after
planting.
8. Immediately after planting, water all plants thoroughly.
C. Guying, Staking, Wrapping and Pruning
1. Guying shall be completed immediately after planting. Drive ground anchors into
ground by manual or machine method at approximately 45 degree angle to ground
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Planting/Section 02800 - 8 of 11
plane and distributed at 120 degree intervals around trunk of tree. Anchors shall be
driven to minimum vertical depth after preloading as follows:
Tree Caliper ............................................. 3 to 5 inches
Anchor Size .................................................... 4 inches
Minimum Dept (feet) ........................................... 2-1/2
Preload anchors after driving until anchor turns in the ground at 90 degree angle to
line of driving force. Anchor assembly will rise 2 to 6 inches during pre-loading.
Attach guying cables, turnbuckles and hose, and secure until tree is rigidly guyed.
On all guys, 1/3 distance up from ground to trunk, secure white plastic flagging 1"
wide x 18", ties securely.
a) Trees 3" in caliper or greater shall be guyed using the 120 degree, three guy
method, or as shown on the Drawings.
b) Trees less than 3" in caliper shall be staked using the 180 degree, two stake
method.
c) Remove all wrapping and guying material at the end of guarantee period.
2. Wrap trunks of deciduous tress of 1-1/2" or more caliper with a spiral overlapping
wrapping to minimum height of third branch. Wrap from bottom and tie wrapping
securely in place. Remove wrapping at end of guarantee period.
3. Prune plants only at time of planting and according to standard horticultural practice
to preserve the natural character of the plant. Pruning to be done under supervision
of the Project Landscape Architect.
Pruning and trimming shall include the following:
a) Remove all dead wood, suckers, and broken or badly bruised branches, unless
otherwise directed by the Landscape Architect. Contractor shall not cut main
leader of tree.
b) Use only clean sharp tools.
c) Paint cuts over 3/4: diameter, covering all exposed, living tissue.
3.04 INSPECTION
In addition to normal progress inspection, schedule and conduct the following formal
inspections, giving the Landscape Architect at least 24 hours prior notice of readiness for
inspection:
A. Inspection of plants in containers prior to planting.
B. Inspection of plant locations to verify compliance with the Drawings.
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Planting/Section 02800 - 9 of 11
C. Schedule the final inspection sufficiently in advance and in cooperation with the Landscape
Architect so that the final inspection may be conducted within 24 hours after completion of
planting.
D. Final inspection will be at the end of the maintenance period, provided that all previous
deficiencies have been corrected.
3.05 ACCEPTANCE
A. The Landscape Architect shall inspect all work for acceptance upon written request of the
Contractor. The request shall be received at least 10 calendar days before the anticipated
date of inspection.
Acceptance of plant material by the Landscape Architect shall be for general conformance
to specified size, character, and quality and shall not relieve the Contractor of responsibility
for full conformance to the contract documents, including correct species.
Upon completion and re-inspection of all repairs or renewals necessary in the judgment of
the Landscape Architect, he shall certify in writing to the Contractor as to the acceptance of
the work.
B. Acceptance in Part
The work may be accepted in parts when it is deemed to be in the Owner's best interest to
do so and when approval is given to the Contractor in writing to complete work in parts.
Acceptance and use of such areas by the Owner shall not waive any other provisions of this
Contract.
3.06 WARRANTY/GUARANTEE PERIOD AND MAINTENANCE
A. The guarantee period for tress shall begin at the date of acceptance.
B. All plant material shall be guaranteed by the Contractor for a period of twelve (12) months
after the date of initial acceptance of each tree to be in good, healthy and flourishing
condition.
C. When work is accepted in parts, the guarantee periods extend from each of the partial
acceptances to the terminal date of the last guarantee period. Thus, all guarantee periods
terminate at one time.
D. The Contractor shall replace, without cost to the Owner and as soon as possible as weather
conditions permit and within a specified planting period, all dead plants and all plants not
in a vigorous thriving condition, as determined by the Landscape Architect during and at
the end of the guarantee period. Plants shall be free of dead or dying branches and branch
tips and shall bear foliage of a normal density, size, and color. Replacements shall closely
match adjacent specimens of the same species. Replacements shall be subject to all
requirements stated in this Specification.
This warranty shall not be deemed to cover trees or planting material damaged or destroyed
by acts of vandalism, motor vehicle accidents, or servere weather conditions beyond those
customary in New England (such as hurricane force winds, tornadoes, or the like).
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E. The guarantee of all replacement plants shall extend for an additional period of one year
from the date of their acceptance after replacement. In the event that a replacement plant is
not acceptable during or at the end of the said extended guarantee period, the Owner may
elect subsequent replacement or credit for each item.
F. During the warranty period, the Contractor shall be responsible for maintaining each tree in
a healthy and vigorous growing condition. The Contractor shall water the tree as outlined
in a tree watering plan prepared by the Contractor and approved the Town. The
Contractor's tree watering plan shall describe the source of the water and the equipment to
be used in watering, and shall provide for each tree to receive at least 10 gallons of water
every two weeks, from May 1st to August 30th. The Contradictor shall also weed, prune,
mulch, fertilize the trees, and take other steps necessary to ensure the long-term health of
the trees, including without limitation, tightening and repairing guywires, resetting tilted or
downed trees, and adding soil and/or mulch to any treewell that has settled.
3.07 CLEANUP
A. When any of this work is done while buildings are occupied, pavements shall be kept clear
at all times, broom cleaned to prevent tracking dirt into buildings.
B. After completion of all planting operations, dispose of all debris and excess material to the
satisfaction of the Landscape Architect. All pavements shall be broomed and hosed clean.
3.08 FINAL INSPECTION AND ACCEPTANCE
At the end of the guarantee period, the Landscape Architect will inspect all guaranteed work for
final acceptance upon written request of the Contractor. The request shall be received at least 10
calendar days before the anticipated date for final inspection.
Upon completion and re-inspection of all repairs or renewals necessary in the judgment of the
Landscape Architect at that time, he shall certify in writing to the Contractor as to the final
acceptance of the Project.
END OF SECTION
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SECTION 02850
SEEDING
PART 1 - GENERAL
1.01 CONTRACT PROVISIONS INCORPORATED BY REFERENCE
The General Provisions of the Contract, including the General and Supplementary Conditions
and Division 1, apply to the work specified in this Section.
1.02 SECTION INCLUDES
A. Planting required for this Work is indicated on the Drawings and, in general, includes
seeding and other ground cover throughout the Work.
1.03 RELATED WORK DESCRIBED ELSEWHERE
A. Excavating, Filling, and Grading..........................................................Section 02200
1.04 QUALITY ASSURANCE
A. Qualifications of Workmen
Provide at least one person who shall be present at all times during execution of this
portion of the Work, be thoroughly familiar with the type of materials being installed and
the best methods for their installation, and direct all work performed under this Section.
B. Standards
1. All planting material shall meet or exceed the specifications of Federal and State
laws requiring inspection for plant disease and insect control.
2. Quality shall conform with the current edition of "Horticultural Standards" for
number one grade nursery stock, as adopted by the American Association of
Nurserymen. ANSI 2260.1 - Nursery Stock.
1.05 SUBMITTALS
A. Materials List
Within 35 days after award of Contract and before any seeding materials are delivered to
the job site, submit to the Landscape Architect a complete list of all seeding and other
items proposed to be installed.
1. Include complete data on source, size, and quality.
2. Demonstrate complete conformance with the requirements of this Section.
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3. This shall in no way be construed as permitting substitution for specific items
described in the Drawings or these Specifications unless the substitution has been
approved in advance by the Landscape Architect.
B. Certificates
1. All certificates required by law shall accompany shipments.
2. Prior to installation, deliver all certificates to the Landscape Architect.
C. All submittals shall follow the Provisions of Section 01300-Submittals.
1.06 PRODUCT HANDLING
A. Delivery and Storage
1. Deliver all items to the site in their original containers with all labels intact and
legible at time of Landscape Architect's inspection.
2. Immediately remove from the site all seeding materials which are not true to name
and all materials which do not comply with the provisions of this Section of these
Specifications.
3. Use all means necessary to protect seeding materials before, during, and after
installation and to protect the installed work and materials of all other trades.
B. Replacements
In the event of damage or rejection, immediately make all repairs and replacements
necessary to the approval of the Landscape Architect, at no additional cost to the Owner.
1.07 PLANTING SEASON
A. Seeding
Fall seeding shall be done between October 1st - October 30th. Spring seeding to be done
from April 1st - April 30th.
B. Variance
If special conditions exist which may warrant a variance in the above planting dates, a
written request shall be submitted to the Landscape Architect stating the special conditions
for the proposed variance. Permission for the variance will be given if warranted in the
opinion of the Landscape Architect. Regardless of the time of seeding, the Contractor shall
be responsible for a full growth of grass.
PART 2.00 - PRODUCTS
2.01 TOPSOIL
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A. General
Topsoil shall be that existing on the site. The Contractor shall be responsible for spreading
the existing top soil on the site. Any materials removed shall be disposed of by the
Contractor.
B. Testing
The Contractor shall take representative samples of topsoil from the site and shall submit
samples to a Soil Testing Laboratory for chemical analysis, and physical analysis. The
Contractor shall indicate to the testing agencies that turf is to be planted and who the
Owner is. The Contractor shall forward to the Landscape Architect two copies of analysis
and recommendations of the testing agencies.
2.02 FERTILIZER
A. General
All fertilizer shall be a commercial balanced, 10-6-4 fertilizer delivered to the site in bags
labeled with the manufacturer's guaranteed analysis.
B. Commercial Fertilizer
Commercial fertilizer shall be a complete fertilizer in which 50-70 percent of the
nintrogenous elements shall be derived from organic sources; phosphate shall be derived
from superphosphate containing 16-20 percent phosphoric acid or bonemeal containing 25-
30 percent phosphoric acid and 2-3 percent nitrogen; and potash shall be derived from
muriate of potash containing 55-60 percent potash. It shall contain the following
percentages by weight.
18% Nitrogen - 26% Phosphoric Acid - 12% Potash
Fertilizer shall be mixed, as specified, and delivered to the site in standard, unopened
containers showing weight, guaranteed analysis, and name of manufacturer.
C. Special Protection
If stored at the site, protect fertilizer from the elements at all times.
2.03 SOIL AMENDMENTS
A. Biosolid organic matter
All soils within the future turf areas shall be amended with a biosolid compost. The soil
shall be amended with a mix ratio of 5 parts on-site soil to 1 part compost to achieve a final
mix at approximately 5.3% organic matter. The biosolid compost is available from
Agresource Inc, 110 Boxford Rd. Rowley, MA 01969 • 978 388 5110; or other approved
facility.
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Seeding/Section 02850 - 3 of 7
B. Limestone
Ground dolomitic limestone shall be an approved agricultural limestone and shall contain
not less than 85 percent of total carbonates. Limestone shall be ground to such fineness
that 50 percent will pass a 100 mesh sieve, and 90 percent will pass a 20 mesh sieve.
2.04 GRASS SEED
A. General - All grass seed shall be:
1. Free from noxious weed seeds and re-cleaned.
2. Grade A recent crop seed.
3. Treated with appropriate fungicide at time of mixing.
4. Delivered to the site in sealed containers with dealer's guaranteed analysis.
B. Cool Weather Shade Seed Mix Proportions by Weight (all seeding)
Percent by Percent of Percent
Weight Seed Purity Germination
20% Blue Bluegrass 90% 75%
40% Boreal Creeping Red Fescue* 85% 75%
20% Predator Hard Fescue* 98% 90%
20% Seven Seas Chewings Fescue 98% 90%
* denotes seed mixture containing active endophytes
Weed seed content shall not exceed 0.25%. Wet, moldy, or otherwise damaged seed will be
rejected.
2.05 MULCH
All seeded areas to be spread with hay or Straw Mulch as per MassDOT Standard Specifications
Section 767.
SECTION 3 - EXECUTION
3.01 SURFACE CONDITIONS
A. Inspection
1. Prior to all work of this Section, carefully inspect the installed work of all other
trades, and verify that all such work is complete to the point where this installation
may properly commence.
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2. Verify that seeding may be completed in accordance with the original design and the
referenced standards.
B. Discrepancies
1. In the event of discrepancy, immediately notify the Landscape Architect.
2. Do not proceed with installation in areas of discrepancy until all such discrepancies
have been fully resolved
3.04 SEED BED PREPARATION
A. After the areas to be seeded have been brought to the grades specified, spread limestone at
a rate of 100 pounds per 1,000 square feet.
B. Apply the 18-26-12 fertilizer at a rate of 5 pounds per 1,000 square feet within 10 days
prior to seeding. Thoroughly and evenly incorporate fertilizer and lime with the soil to a
depth of 3" by discing or other approved method. In areas inaccessible to power
equipment, use hand tools. Adjacent to trees and shrubs, use hand tools to avoid
disturbances of the roots.
C. The Seeding Contractor shall reconstitute the soil, as may be recommended by a soil
testing agency, prior to use as planting soil. Any deficiencies in the topsoil shall be
corrected by the Contractor, as recommended, at no expense to the Owner.
D. After incorporation of fertilizer and lime into the soil, the seed bed shall be fine graded to
remove all ridges and depressions and the surface cleared of all debris and of all stones one
inch or more in diameter.
3.05 SEEDING
A. Immediately before seeding, the ground shall be restored, as necessary, to a loose friable
condition by dicing or other approved method to a depth of not less than 2". The surface
shall be cleared of all debris and of all stones 1" or more in diameter.
B. Seed all areas to be seeded with specified grass seed, sowing evenly with an approved
mechanical seeder at the rate of 6 pounds per 1,000 square feet. Sow 3 pounds per 1,000
square feet in one direction and 3 pounds per 1,000 square feet at right angles to the first
seeding. Spread seed when soil is moist. Cultipacker, or approved similar equipment, may
be used to cover the seed and to firm the seed bed in one operation. In areas inaccessible to
cultipacker, the seeded ground shall be lightly raked and rolled in two directions with a
water ballast roller. Extreme care shall be taken during seeding and raking to insure that no
change shall occur in the finished grades and that the seed is not raked from one spot to
another. Hydro-seeding is an acceptable manner of seeding, providing the Contractor
certifies in writing that the hydro-seed fertilizer mix is as herein specified and applied at
the equivalent rate of 6 pounds per 1,000 square feet.
C. Promptly after seeding, wet the seed bed thoroughly, keeping all areas moist throughout the
germination period.
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D. Mulch shall be placed immediately after seeding. Hay that has been thoroughly fluffed
shall be spread evenly and uniformly at the rate of two to three tons per acre. Lumps and
thick mulch materials shall be thinned. All mulch anchor stakes, strings and matting shall
be removed before final acceptance of lawns.
E. Take whatever measures are necessary to protect the seeded area while it is germinating.
These measures shall include furnishing warnings signs, barriers, and other needed
measures of protection.
3.06 MAINTENANCE
A. Maintenance shall begin immediately after seeding operations and shall continue until
Final Acceptance or for a minimum of 240 days, whichever is longer.
B. Maintenance of seed areas shall consist of watering, weeding, curring, repair of all erosion,
and reseeding as necessary to establish a uniform stand of grass. Lawns shall be watered in
a satisfactory manner during and immediately after planting, and not less than twice per
week until final acceptance. All areas which fail to show a uniform stand of grass for any
reason shall be reseeded repeatedly until a uniform stand is attained. Scattered bare spots,
evenly distributed and not exceeding 8" square of any lawn area, will be allowed at the
discretion of the Landscape Architect.
At the time of the first cutting, there shall be a uniform stand between 3 and 3-1/2" high,
and mower blades shall be set between 2-1/2" and 3" high.
Catch shall be representative of seed specified.
3.07 ACCEPTANCE
The Landscape Architect shall inspect all work for Acceptance upon written request of the
Contractor. The request shall be received at least 10 calendar days before the anticipated date of
inspection. Upon completion and reinspection of all repairs or renewals necessary in the
judgement of the Landscape Architect, he shall certify in writing to the Contractor as to the
Acceptance of the work.
3.08 ACCEPTANCE IN PART
The work may be accepted in parts when it is deemed to be in the Owner's best interest to do so
and when approval is given to the Contractor in writing to complete the work in parts. Accep-
tance and use of such areas by the Owner shall not waive any other provisions of this Contract.
3.09 CLEANUP
A. When any of this work is done while buildings are occupied, pavements shall be kept clear
at all times, broom cleaned to prevent tracking dirt into buildings.
B. After completion of all planting operations, dispose of all debris and excess material to the
satisfaction of the Landscape Architect. All pavements shall be broomed and hosed clean.
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Seeding/Section 02850 - 6 of 7
3.10 FINAL INSPECTION AND ACCEPTANCE
At the end of the guarantee period, the Landscape Architect will inspect all guaranteed work for
the Final Acceptance upon written request of the Contractor. The request shall be received at
least 10 calendar days before the anticipated date for final inspection.
Upon completion and reinspection of all repairs or renewals necessary in the judgement of the
Landscape Architect at that time, he shall certify in writing to the Contractor as to the Final
Acceptance of the project.
END OF SECTION
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SECTION 02950
SITE IMPROVEMENTS
PART 1 - GENERAL
1.01 CONTRACT PROVISIONS INCORPORATED BY REFERENCE
The General Provisions of the Contract, including the General and Supplementary Conditions
and Division 1, apply to the work specified in this Section.
1.02 SECTION INCLUDES
A. Furnish all labor, materials, equipment and perform all operations necessary for completion
of the work of this section as shown on the Drawings, as herein specified and as evidently
required to properly complete the following items:
1. Benches
2. Dog Drinking Fountain
3. Chain Link Fence
4. Entrance Sign
5. Dog Waste Station
1.03 RELATED WORK DESCRIBED ELSEWHERE
A. Excavating, Filling & Grading .....................................Section 02200
B. Bituminous Concrete Paving ........................................Section 02600
C. Cast-in-place Concrete .................................................Section 02980
1.04 SUBMITTALS
A. Forty-five days prior to installation and before any site furnishings are delivered to the job
site, submit samples, specification cuts or shop and erection drawings for all items in
Section 02950 indicating materials size and weight of steel, number, location and type of
connection, welding sequence and hardware.
B. All submittals shall follow the Provisions of Section 01300-Submittals.
1.05 REFERENCES
A. ASTM Standards
1. A307- Carbon Steel Externally Threaded Standard Fasteners
2. A424-Steel Sheet for Porcelain Enameling
3. A500-Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Round
and Shapes
4. B209-Aluminum and Aluminum-Alloy Sheet and Plate
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Site Improvements/Section 02950 - 1 of 4
PART 2 - PRODUCTS
2.01 BENCHES
A. Bench shall be 84” long Cunningham Model CNB-8-VS with vertical straps, as
manufactured by Thomas Steele and represented by Premier Park & Play,
www.premierparkplay.com. Color to be black powder coat.
B. Straps shall be 3/16” x 1-1/2” carbon structural steel flat bar. Strap stabilizers shall be 1/2”
diameter carbon structural steel round bar. Cross tubes shall be 1-1/2” OD steel tubing.
C. Benches to be mounted to at-grade concrete pad/paving using anchor bolts provided.
Installation shall be completed in accordance with manufacturer’s instructions.
2.02 DOG DRINKING FOUNTAIN
A. Dog Drinking Fountain shall be Model # 300 SM surface mount as manufactured by Most
Dependable Fountains or approved equal. Fountain shall also include a hose bib. Finish to
be black textured. Bowl drainage shall be via a 6” perforated pipe and a subsurface
peastone gravel drain bed. Local Representative: Beachum Recreation, 283 Kimbrough
Place, Memphis, TN 38104. Tel: (800)542-8269 e-mail: rbeachum@comcast.net
B. Installation shall be as per manufacturer’s recommendations and details and shall conform
with the layout and arrangement shown on the plan.
2.03 CHAIN LINK FENCE
A. All fencing components, mesh, and other appurtenances shall be as shown on the plans. All
fence and gate components shall be black PVC/polyester coated.
B. Chain link fabric shall be 2-inch mesh 9 gauge fabric and 2-inch 6 gauge fabric, hot dipped
galvanized with 1.2 ounces of zinc per quare foot, evenly distributed. Fabric shall be coated
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Site Improvements/Section 02950 - 2 of 4
with black PVC coated. Fabric for lowest sections on softball backstop shall be 2-inch
mesh 6 gauge finish fabric black PVC coated.
C. Fencing posts, top rails, braces shall be standard steel pipe to conform to fencing specified
on the plans. Steel in all such pipe shall copper bearing and in rolled sections shall be high
carbon. Approved post tops, sleeves, and other fittings for complete installation shall be
provided. All such framework material shall be hot-dipped, zinc coated after fabrication.
Coating to weigh not less than 2.0 oz/sq. ft. Top rail shall be 1 5/8" O.D., and bottom shall
be 1 5/8" O.D., attached with galvanized steel hand rings. Steel ties shall be 9 gauge
galvanized steel. Tension and brace bands shall be 7/8" x #12 galvanized beveled steel.
Rail ends and brace ends shall be galvanized semi-steel. Tension bars shall be 1/2" x 3/4"
with heavy gauge 1" wide pressed steel bands 14" apart. O.D. caps shall be 3" galvanized
semi-steel. O.D. loop caps shall be 2 1/2" x 1 5/8" galvanized semi-steel. Terminal posts
are to be 3” O.D., line posts 2 1/2” O.D.
D. Fabric Connections
The fabric for fencing shall be securely fastened to all terminal posts using 1/2" to 3/4"
tension bars with heavy gauge 1" wide pressed steel bands spaced approximately 14 inches
apart. Bands to be equipped with 3/8" diameter carriage bolts and nuts. The fabric is to be
fastened to all line posts with self-locking fabric bands, spaced approximately 14 inches
apart and to the top and bottom rails and braces with self-locking fabric bands on
approximately 24 inch centers. The self-locking bands shall be aluminum flat surface bands
with 30,000 psi tensile strength, color and finish shall be black powder coated.
E. Line Posts and Terminal Posts Footings
Both line and terminal posts shall be set in cylindrical concrete foundations. A hole shall
be excavated for the full depth of the post, not less than 12" in diameter for line posts and
18" in diameter for terminal posts for fencing, and nor less than 18” in diameter for
backstops. The concrete shall be made in proportions of 1-3-5 using best 3000 lb. Portland
Cement, clean sharp sand and gravel or broken stone.
F. Post Spacing
Posts shall be evenly spaced in the line of fence no farther apart than 10' centers, or as noted
on the plans which shall take precedence.
2.05 ENTRANCE SIGN
Entrance sign to be as detailed on the plans. Sign shall include black posts set in concrete
footings, a 1-1/2” thick sign body and vinyl pressed lettering as shown. Owner to approve final
wording.
2.06 DOG WASTE STATION
Dog Waste Station shall consist of:
Powder-coated solid steel post, screen printed sign & bracket,
commercial grade powder coated UV protected lockable aluminum bag
dispenser only, hardware and instructions. All colors to be green. Dog
waste station shall include footing and installation. Dog Waste Station
shall be Gladiator Mini Dog Waste Station-SINGLpul System as
manufactured by Zero Waste USA® 12316 World Trade Drive #102 San
Diego, CA 92128 Tel: 800.789.2563 or approved equal.
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SECTION 3 - EXECUTION
3.01 INSTALLATION
A. General
The work related to each of the site improvement items shall be fabricated, constructed and
finished in every respect in a good, workmanlike and substantial manner, to the full intent
and meaning of the drawings and specifications. All parts necessary for the proper and
complete execution of the work, whether the same may have been specifically mentioned
or not, or indicated on the drawings, shall be done or furnished in a manner corresponding
with the rest of the work as if the same were specifically herein described.
B. The workmanship shall be first-class in every respect and neat in appearance. All work
shall meet the requirements of the local codes, and other authorities having jurisdiction
over the work.
C. All excavation and backfill operations shall conform to the details shown on the drawings
and the applicable provisions specified under Excavating, Filling and Grading, Section
02200.
D. Special Conditions
Work shall be properly coordinated with the work of other trades. Other trades shall be
consulted in advance so that proper provisions may be made for installation of their work
and so that the work of this Section may be properly finished and connected to the work of
other trades.
E. Clean-up - Site shall be left free of all debris and in a clean, orderly manner.
END OF SECTION
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SECTION 02980
CAST-IN-PLACE-CONCRETE
PART 1 - GENERAL
1.01 CONTRACT PROVISIONS INCORPORATED BY REFERENCE
The General Provisions of the Contract, including the General and Supplementary Conditions
and Division 1, apply to the work specified in this Section.
1.02 DESCRIPTION
A. Work Included
Cast-in-place concrete required for this Work is indicated on the Drawings and includes, but
is not necessarily limited to:
1. Exterior flatwork
2. Concrete footings
B. Related Work Described Elsewhere
1. Excavating, Filling & Grading .........................................Section 02200
1.03 QUALITY ASSURANCE
A. Qualifications for Workmen
1. Provide at least one person who shall be present at all times during execution of this
portion of the Work, shall be thoroughly trained and experienced in placing the types
of concrete specified, and shall direct all Work under this Section.
2. For finishing of exposed surfaces of the concrete, use only thoroughly trained and
experienced journeymen concrete finishers.
B. Codes and Standards
1. In addition to complying with all pertinent codes and regulations, comply with all
pertinent recommendations of "Structural Concrete for Builders", publication ACI
301-66 of the American Concrete Institute.
2. Where provisions of pertinent codes and standards conflict with these Specifications,
the more stringent provisions shall govern.
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Cast-in-Place Concrete/Section 02980 - 1 of 9
1.04 SUBMITTALS
A. Materials List
Within 15 days after award of Contract and before any concrete is poured on the job site,
submit to the Landscape Architect the name and address of transit-mix concrete supplier.
B. Transit-Mix Deliver Slip
1. Keep a record at the job site showing time and place of each pour of concrete, together
with transit-mix delivery slip certifying contents of the pour.
2. Make a record available to the Landscape Architect for his inspection upon request.
3. Upon completion of this portion of the Work, deliver the record and the delivery slips
to the Landscape Architect.
1.05 PRODUCT HANDLING
A. Protection
Use all means necessary to protect cast-in-place concrete materials before, during and after
installation, and to protect the installed work and materials of all other trades. Contractor to
make every effort to conduct concrete pours in early morning hours to allow sufficient time
for hardening. Scratches and graffiti will not be approved or accepted.
B. Replacements
In the event of damage, immediately make all repairs and replacements necessary to the
approval of the Landscape Architect and at no additional cost to the Owner.
PART 2 - PRODUCTS
2.01 CONCRETE
A. General
All concrete, unless otherwise specifically permitted by the Landscape Architect, shall be
transit-mixed in accordance with ASTM C-94. Concrete for flatwork shall be Class D.
Concrete for wall and footings shall be Class A. Color is subject to approval by the
Landscape Architect.
B. Quality
1. All concrete shall have the following minimum compressive strengths at 28 days and
shall be proportioned within the following limits:
EXTERIOR SLABS
LOCATION OF CONCRETE & SITE WORK
Min. psi @ 28 days 3000
Max. size of aggregate 3/4 inch
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Min. sacks of cement/CY 5.50
Max. slump in inches 4
2. Concrete that is subject to freezing temperatures while wet shall have a water-cement
ratio not exceeding six gallons per sack and shall contain entrained air.
C. Cement
All cement shall be Portland cement conforming to ASTM C-150, Type I, and shall be the
product of one manufacturer. The temperature of cement delivered to the plant shall not
exceed 150 deg. F. Color shall match existing concrete.
D. Aggregates
1. All aggregates shall conform to ASTM C-33-71, except as modified herein.
2. When used as a fine aggregate for cement concrete, sand shall be composed essentially
of clean, hard, strong, durable, and impermeable particles resistant to wear and frost,
inert to cement and water, reasonably free from structurally weak grains, organic
matter, loam, clay, silt, salts, mica, or other fine materials that my affect bonding of the
cement paste. Sand shall be taken from a natural deposit and shall be relatively
spherical in shape and shall have gritty surfaces. The sieve analysis of the sand shall
show it to be well graded and conforming to the following table.
Size of Percent by Weight Percent Passing
Sieve Minimum Maximum
3/8" 100 ---
#4 95 100
#16 55 80
#50 10 25
#100 2 8
#200 0 2
3. Coarse aggregate for cement concrete shall consist of crushed rock or screened gravel
and shall be composed essentially of clean, hard, strong, and impermeable particles,
resistant to wear and frost, and free from delterious amounts of organic matter, loam,
clay, salts, mica, and soft, thin, elongated, laminated or disintegrated stone, and it shall
be inert to water and cement.
Where finishing of the concrete is to be done by hammering or any other method that
breaks the surface of the concrete, only crushed rock shall be used for coarse
aggregate.
When tested by U.S. Standard laboratory sieves, coarse aggregate for cement concrete
shall be blended from stone sizes to meet the gradation requirements for each
designation listed of variation for general application and are minimum and maximum
in each case. To insure uniformity of material used on any one job or project, the
range of variation may be reduced to 1/2 of the master range upon determination of the
character and source of the materials that the Contractor proposes to furnish.
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Designation No. C-1 No. C-2 No. C-3
Nominal Size 1 1/2" 3/4" 3/8"
Sieve Size | Min. Max. | Min. Max. | Min. Max.
-----------------------------------------------------------------------------------------
1 1/2 inch | 90 100 | -- -- | -- --
3/4 inch | 35 60 | 90 100 | -- --
1/2 inch | -- -- | -- -- | 90 100
3/8 inch | 10 25 | 20 50 | 30 70
No. 4 | 0 5 | 0 10 | 0 15
No. 8 | -- -- | 0 5 | 0 5
E. Water
All water shall be clean and free from deleterious matter.
2.02 CONCRETE MIXES
Cement concrete shall be composed of specified proportions by weight of cement, aggregates,
water and additives to form a homogeneous composition. Cement concrete shall be specified
according to the classification defined in the following table. The classes of concrete to be used
shall be designated on the plans or in the Specifications for the particular work.
CLASSIFICATION OF CONCRETE MIXES
Min. Min. 28 Days Coarse Maximum
Class Cement Compressive Aggregate Aggregate % Air
Concrete Strength* Designation Size
---------------------------------------------------------------------------------------------------------------
A 560#/CY 3000 psi C-1 1 1/2" 4.5
B 500#/CY 2500 psi C-1 1 1/2" 4.5
C 440#/CY 2000 psi C-1 1 1/2" 4.5
D 620#/CY 3000 psi C-2 3/4" 5.0
DE 680#/CY 3500 psi C-2 3/4" 6.0
E 720#/CY 3000 psi C-3 3/8" 7.0
F 610#/CY 3500 psi C-1 1 1/2" 6.0
* As evaluated under ASTM C94-74.
All mixes above used for the Work will conform to one or more of the above mixes. Prior to
actual mixing, the Contractor shall submit design mixes for each mix to the Landscape Architect
for approval, as mentioned on the Plans or in the Special Provisions.
2.03 EXPANSION AND ISOLATION JOINTS
Expansion and isolation joints shall be 3/8" x 4" preformed ethylene vinyl acetate or closed cell
polyethylene foam material. Hold joint filler material down a sufficient distance to allow for the
installation of retainer and sealant. Refer to details on drawings and the sealant manufacturer's
standard instructions.
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2.04 OTHER MATERIALS
All other materials not specifically described but required for a complete and proper installation of
cast-in-place concrete shall be as selected by the Contractor, subject to the approval of the
Landscape Architect.
PART 3 – EXECUTION
3.01 SURFACE CONDITIONS
A. Inspection
1. Prior to all Work of this Section, carefully inspect the installed work of all other trades
and verify that all such work is complete to the point where this installation may
properly commence.
2. Verify that all items to be embedded in concrete are in place.
3. Thoroughly wet the forms (except in freezing weather) or oil them; remove all
standing water.
4. Thoroughly clean all transporting and handling equipment.
B. Forms
1. Side forms and transverse forms for sidewalks shall be smooth, free from warp, 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 Landscape Architect.
2. 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 a sufficient pitch to the edge of the walk to provide for surface drainage, as
shown on the drawings, 2% cross-slope typical.
3. All forms shall be oiled before placing concrete.
C. Notification
Notify the Landscape Architect at least 48 hours before placing the concrete.
3.02 PLACING CONCRETE
A. Method
1. Convey concrete from mixer to place of final deposit by methods that will prevent
separation and loss of materials.
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2. For chuting, pumping, and pneumatically conveying concrete, use only equipment of
such size and design as to ensure a practically continuous flow of concrete at the
delivery end without loss or separation of materials.
3. Deposit concrete as nearly as possible in its final position to avoid segregation due to
rehandling and flowing.
4. Place concrete as dry as possible consistent with good workmanship, never exceeding
the maximum specified slump.
B. Rate of Placement
1. Place concrete at such a rate that concrete is at all times plastic and flows readily
between bare bars.
2. When placing is started, carry it on as a continuous operation until placement of the
panel or section is complete.
3. Do not pour an area at one time that cannot be finished without checking; this is
particulary important during hot or dry weather.
4. Do not, in any case, pour a slab greater than 18 feet without construction joints.
5. Exterior pavement slabs shall be placed in alternating sections not exceeding 18 feet in
length.
C. Compaction
1. Throroughly consolidate all concrete by suitable means during placement, working it
around all embedded fixtures and into corners of forms.
2. During placement, throughly compact the concrete by hand tamping and by
mechanical vibration.
F. Acceptablity
Do not use retempered concrete or concrete that has been contaminated by foreign materials.
3.03 LEVELING AND FINISHING
A. General
1. Tamp slabs with a jitterbug to depress the rock and then pushfloat with a bulfloat as
necessary.
2. Take care that the wet slab meets the screeds accurately and does not rise above or
lower below them.
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3. Carefully provide slab depressions as required for the finishes indicated on the
Drawings.
B. Finishing
1. Unless otherwise indicated on the Drawings, make all slabs even and uniform in
appearance, and where no slope is required, level within plus or minus 1/8" in 10'.
2. Score lines shall be as shown on the plans. Depth of scoring shall be 1/4 inch deep.
3. 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.
4. After edging and jointing operations, the surface shall be floated with a wood float.
Immediately following floating, the surface shall be steel troweled.
C. Exterior Finishes
Where "broom finish" is indicated on the Drawings and where no other exterior slab finish is
indicated on the Drawings, finish the exposed concrete surface by lightly combing with a
medium stiff broom after troweling is complete.
3.04 CURING
A. During the entire period the concrete is being placed, cured and hardened, the Contractor
shall provide protection to the concrete from damage by underground water, rain, frost, or
sun in a manner satisfactory to the Landscape Architect. An approved curing method
providing full saturation and protection of the concrete against drying shall be performed for
a minimum period of three days.
B. In cold weather (below 50 deg. F), concrete placing shall be done only within properly built
enclosures capable of retaining heat or without such structures if the temperature is above 50
deg. F. The temperature within these enclosures must reach 65 deg. F before placement of
concrete may begin. Only those openings required for the proper placing of concrete will be
allowed in the enclosure. After the conclusion of concrete placement, the minimum
temperature within the enclosure shall be 50 deg. F for a five day period and 65 deg. F for a
three day period. The method of heating shall in no way cause a reduction in the available
water content of the concrete.
C. In hot and dry weather and as directed, all new concrete shall be kept shaded from the sun,
sheilded from the wind, kept wet with water, or protected by other approved methods to
retain moisture in the concrete throughout the curing period. Manual wetting down of a
particular area shall cause the area to be continually wet and not allow periods of drying to
occur. Plastic roll material or impregnated paper may be utilized during the installation of
the concrete, and must be thoroughly wetted at least once each day. These materials are to
be placed as soon as possible upon the completion of finishing of concrete in such a fashion
that the surface will not be damaged or disturbed.
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D. All curing methods employed shall be practical for the curing situation involved, and all
methods shall be subject to the approval of the Landscape Architect. No curing compounds
of any kind shall be permitted, unless approved by the Landscape Architect.
3.05 HOT WEATHER REQUIREMENTS
A. Placement
1. Do not use concrete with a placing temperature that will cause difficulty from loss of
slump, flash set or cold joints.
2. Maintain a concrete temperature during placement of less than 90 deg. F.
3. Use all means necessary to avoid drying the concrete prior to finishing operations.
B. Protection
1. Provide and use all required raincovers, sunshades, fog sprays, and other devices to
protect the concrete.
2. When rain appears imminent, all paving operations shall stop, and all available
personnel shall begin placing forms against the sides of the pavement and covering the
surface of the unhardened concrete with the protective covering.
3. The Contractor shall have on hand at the paving site sufficient burlap, plastic, or paper
to cover at least 6,000 square feet of freshly laid pavement as a protection against
sudden thundershowers or heavy downpours of rain.
4. Any part of the pavement damaged by pedestrian traffic or other causes occurring prior
to its final acceptance shall be repaired or replaced by and at the expense of the
Contractor, in a manner satisfactory to the Landscape Architect. The Contractor shall
protect the pavement against both public traffic and the traffic caused by his own
employees and agents. The pavement shall be so protected until the beam test shows a
strength of at least 550 pounds per square inch or a minimum of 7 days.
3.06 DEFECTIVE WORK
A. Inspection
1. Immediately after forms have been removed, inspect all concrete surfaces and patch all
pour joints, voids, rock pockets, and other imperfections before the concrete is
thoroughly dry.
2. Do not patch until concrete has been inspected by the Landscape Architect.
B. Patching
1. Minor Defective Areas
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a. Chip away to a depth of about one inch, leaving edges perpendicular to the
surface. Wet the area to be patched and a space of at least 6" wide around it to
prevent water being absorbed out of the mortar.
b. Coat the area to be patched with a cement wash consisting of neat cement and a
solution of one part "Konset", or equal approved by the Landscape Architect, to
four parts water; apply patching mortar immediately.
c. Patching mortar shall consist of one part cement to three parts water to a
consistency as dry as is possible within the requirements of handling and
placing; thoroughly compact the mortar by ramming it into place.
d. Screed off so as to leave the patch slightly higher than surrounding surfaces;
leave undisturbed for a period of 1-2 hours to permit initial shrinkage, and then
perform final finishing.
e. Finish the patch to match adjacent surfaces and keep wet for at least seven days;
provide and install all required protective coverings.
2. Major Defective Areas
If the defects are serious or affect the strength of the structure or if patching does not
satisfactorily restore the quality and appearance of the surface, the Architect may
require the concrete to be removed and replaced, completely in accordance with the
provisions of this Section, at no additional cost to the Owner.
3.07 COMPENSATION
Measurement -- All work relating to paving and surfacing as described in this Section and on the
Contract Drawings shall be measured complete-in-place. In addition to the paving and surfacing
items, related work including excavation, grading, gravel base course and compaction shall be paid
for in this Section.
END OF SECTION
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SECTION 32840
PLANTING IRRIGATION
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Piping.
2. Sprinklers and appurtenances.
3. Manual valves.
4. Automatic control valves.
5. Boxes for automatic control valves.
6. Automatic control system.
7. Water, power, and backflow.
1.3 DEFINITIONS
A. Circuit Piping: Downstream from control valves to sprinklers, specialties, and drain valves.
Piping is under pressure during flow.
1.4 PERFORMANCE REQUIREMENTS
A. The purpose of this irrigation system specification is for an athletic field. This installation shall
include, but not be limited to the following:
1. New water supply
2. New power supply
3. New sprinklers, valves, control systems, pipe and wire, backflow prevention (as needed),
and all related appurtenances.
SUBMITTALS
B. Product Data: For each type of product indicated. Include rated capacities, operating
characteristics, and furnished specialties and accessories.
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C. Delegated-Design Submittal: For irrigation systems indicated to comply with performance
requirements and design criteria, including analysis data signed and sealed by the qualified
professional engineer responsible for their preparation.
D. Coordination Drawings: Irrigation systems, drawn to scale, on which components are shown
and coordinated with each other, using input from Installers of the items involved. Also include
adjustments necessary to avoid plantings and obstructions such as signs and light standards.
E. Qualification Data: For qualified Installer.
F. Field quality-control reports.
G. Operation and Maintenance Data: Include operation and maintenance manuals.
1.5 QUALITY ASSURANCE
A. Installer Qualifications: Provide proof of a minimum of three projects of a similar nature.
B. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70,
by a qualified testing agency, and marked for intended location and application.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver piping with factory-applied end caps. Maintain end caps through shipping, storage, and
handling to prevent pipe-end damage and to prevent entrance of dirt, debris, and moisture.
B. Store plastic piping protected from direct sunlight. Support to prevent sagging and bending.
1.7 PROJECT CONDITIONS
A. Interruption of Existing Water Service: Do not interrupt water service to facilities occupied by
Owner or others unless permitted under the following conditions and then only after arranging
to provide temporary water service according to requirements indicated:
1. Notify Construction Manager no fewer than two days in advance of proposed
interruption of water service.
2. Do not proceed with interruption of water service without Construction Manager's
written permission.
1.8 EXTRA MATERIALS
A. Furnish extra materials that match products installed and that are packaged with protective
covering for storage and identified with labels describing contents.
1. Sprinklers: 2 extra of each.
2. Automatic Control Valves: 1 extra of each
3. Keys to controller cabinet: 2
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PART 2 - PRODUCTS
2.1 PIPES, TUBES, AND FITTINGS
A. Comply with requirements in the piping schedule for applications of pipe, tube, and fitting
materials, and for joining methods for specific services, service locations, and pipe sizes.
B. Soft Copper Tube: ASTM B 88, Type L (ASTM B 88M, Type B), water tube, annealed temper.
1. Copper Pressure Fittings: ASME B16.18, cast-copper-alloy or ASME B16.22, wrought-
copper solder-joint fittings. Furnish wrought-copper fittings if indicated.
2. Bronze Flanges: ASME B16.24, Class 150, with solder-joint end.
3. Copper Unions: MSS SP-123, cast-copper-alloy, hexagonal-stock body, with ball-and-
socket, metal-to-metal seating surfaces and solder-joint or threaded ends.
C. PVC Pipe: ASTM D 1785, PVC 1120 compound, SDR 21, Class 200.
1. PVC Socket Fittings: ASTM D 2466, Schedule 40.
2. PVC Threaded Fittings: ASTM D 2464, Schedule 80.
2.2 PIPING JOINING MATERIALS
A. Metal, Pipe-Flange Bolts and Nuts: ASME B18.2.1, carbon steel unless otherwise indicated.
B. Brazing Filler Metals: AWS A5.8/A5.8M, BCuP Series, copper-phosphorus alloys for general-
duty brazing unless otherwise indicated.
C. Solder Filler Metals: ASTM B 32, lead-free alloys. Include water-flushable flux according to
ASTM B 813.
D. Solvent Cements for Joining PVC Piping: ASTM D 2564. Include primer according to
ASTM F 656.
2.3 SLEEVING FOR PIPING
A. Standard: ASTM D 1785, SDR 21, Class 200 PVC Pipe.
2.4 MANUAL VALVES
A. Brass Gate Valves:
1. Manufacturers: Subject to compliance with requirements.
2. Basis-of-Design Product: Subject to compliance with requirements, provide or
comparable product by one of the following:
a. American Valve, Inc.
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b. American Granby
c. Aqua Valve Co.
3. Description:
a. Standard: MSS SP-80, Type 2.
b. Class: 125.
c. CWP Rating: 200 psig (1380 kPa).
d. Body Material: ASTM B 62 brass with integral seat and screw-in bonnet.
e. Ends: Threaded or solder joint.
f. Stem: Brass, nonrising.
g. Disc: Solid wedge; brass
h. Packing: Asbestos free.
i. Handwheel: Malleable iron
2.5 AUTOMATIC CONTROL VALVES
A. Plastic, Automatic Control Valves:
1. Manufacturers: Subject to compliance with requirements.
2. Basis-of-Design Product: Subject to compliance with requirements, provide or
comparable product by one of the following:
a. Hunter Industries Incorporated – ICV
b. Rainbird Corporation – PESB
c. Toro – P220
3. Description: Molded-plastic body, normally closed, diaphragm type with manual-flow
adjustment, and operated by 24-V ac solenoid.
2.6 MISCELLANEOUS PIPING SPECIALTIES
A. Water Hammer Arresters: ASSE 1010 or PDI WH 201, with bellows or piston-type pressurized
cushioning chamber and in sizes complying with PDI WH 201, Sizes A to F.
B. Pressure Gages: ASME B40.1. Include 4-1/2-inch- (115-mm-) diameter dial, dial range of two
times system operating pressure, and bottom outlet.
C. Pressure reducer, if required.
2.7 SPRINKLERS
A. General Requirements: Designed for uniform coverage over entire spray area indicated at
available water pressure.
B. Large Rotary Sprinklers:
1. Manufacturers: Subject to compliance with requirements.
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2. Basis-of-Design Product: Subject to compliance with requirements, provide or
comparable product by one of the following:
a. Hunter Industries Incorporated – I80-04-SS-TC.
3. Description:
a. Body Material: ABS.
b. Nozzle: Plastic
c. Retraction Spring: Stainless steel.
d. Internal Parts: Corrosion resistant.
4. Capacities and Characteristics:
a. Flow: 8.9 to 58.5 GPM
b. Pop-up Height: 4” aboveground to nozzle.
c. Arc: 0 to 360 degrees.
d. Radius: 37’ to 97’
e. Inlet: 1 1/2” IPS
2.8 CONTROLLERS
A. Manufacturers: Subject to compliance with requirements.
B. Basis-of-Design Product: Subject to compliance with requirements, or comparable product by
one of the following:
1. Hunter Industries Incorporated – Pro C.
2. Rain Bird Corporation – ESPLXME.
3. The Toro Co. - CC
C. Description:
1. Controller Stations for Automatic Control Valves. Include switch for manual or automatic
operation of each station.
2. Exterior Control Enclosures: NEMA 250, Type 4, weatherproof, with locking cover and
two matching keys; include provision for grounding.
a. Body Material Molded plastic.
b. Mounting: Surface type for wall.
3. Control Transformer: 24-V secondary, with primary fuse.
4. Timing Device: Adjustable, 24-hour, 14-day clock, with automatic operations to skip
operation any day in timer period, to operate every other day, or to operate two or more
times daily.
a. Manual or Semiautomatic Operation: Allows this mode without disturbing preset
automatic operation.
b. Nickel-Cadmium Battery and Trickle Charger: Automatically powers timing
device during power outages.
c. Surge Protection: Metal-oxide-varistor type on each station and primary power.
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5. Rain shut off device.
6. Wiring: UL 493, Type UF #14/1 gauge common and #18 gauge multi strand, with solid-
copper conductors; insulated cable; suitable for direct burial.
a. Splicing Materials: Manufacturer's packaged kit consisting of insulating, spring-
type connector or crimped joint and epoxy resin moisture seal; suitable for direct
burial.
2.9 BOXES FOR AUTOMATIC CONTROL VALVES
A. Plastic Boxes:
1. Manufacturers: Subject to compliance with requirements.
a. Armorcast Products Company.
b. Carson Industries LLC.
c. NDS Pro
2. Description: Box and cover, with open bottom and openings for piping; designed for
installing flush with grade.
a. Size: As required for valves and service.
b. Shape: Rectangular.
c. Sidewall Material: PE.
d. Cover Material: PE.
1) Lettering: "IRRIGATION"
2.10 BACKFLOW
1. Manufacturers: Subject to compliance with requirements.
a. Conbraco (Febco)
2. Description: Backflow shall be a reduced pressure type..
a. Size: 2”.
b. Shape: inline or angle.
c. Sidewall Material: Brass or bronze.
2.11 ENCLOSURE
1. Manufacturers: Subject to compliance with requirements.
2. Description: The enclosure shall be constructed of marine grade aluminum, aluminum
alloy finish. The hardware shall be 100% stainless steel. The door shall have a full re
lease locking mechanism. The lock is flush mounted. The walls of the enclosure shall be
solid panels.
3. The enclosure shall have a 5-year limited warranty.
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4. Enclosure shall be mounted on a concrete pad.
5. Backflow: Model SBBC-60ALHP, or equal
2.12 BOOSTER PUMP IN ENCLOSURE
1. Manufacturers: Subject to compliance with requirements.
2. Model LP200B by Munro Companies
PART 3 - EXECUTION
3.1 EARTHWORK
A. Excavating, trenching, and backfilling are specified in Division 31 Section "Earth Moving."
B. Install warning tape directly above pressure piping, 12 inches below finished grades, except 6
inches below subgrade under pavement and slabs.
C. Provide minimum cover over top of underground piping according to the following:
1. Irrigation Main Piping: Minimum depth of 18 inches below finished grade
2. Circuit Piping: 12 inches
3. Sleeves: 24 inches
3.2 PREPARATION
A. Set stakes to identify locations of proposed irrigation system. Obtain Architect's approval
before excavation.
3.3 PIPING INSTALLATION
A. Location and Arrangement: Drawings indicate location and arrangement of piping systems.
Install piping as indicated unless deviations are approved on Coordination Drawings.
B. Install piping at minimum uniform slope of 0.5 percent down toward drain valves.
C. Install piping free of sags and bends.
D. Install groups of pipes parallel to each other, spaced to permit valve servicing.
E. Install fittings for changes in direction and branch connections.
F. Install underground thermoplastic piping according to ASTM D 2774[ and ASTM F 690].
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G. Install expansion loops in control-valve boxes for plastic piping.
H. Lay piping on solid subbase, uniformly sloped without humps or depressions.
I. Install PVC piping in dry weather when temperature is above 40 deg F (5 deg C). Allow joints
to cure at least 24 hours at temperatures above 40 deg F (5 deg C) before testing.
J. Install piping in sleeves under parking lots, roadways, and sidewalks.
K. Install sleeves made of Class 200 PVC pipe and socket fittings, and solvent-cemented joints.
L. Install transition fittings for plastic-to-metal pipe connections according to the following:
1. Underground Piping:
a. NPS 1-1/2 (DN 40) and Smaller: Plastic-to-metal transition fittings.
b. NPS 2 (DN 50) and Larger: AWWA transition couplings.
2. Aboveground Piping:
a. NPS 2 (DN 50) and Smaller: Plastic-to-metal transition [fittings] [unions].
b. NPS 2 (DN 50) and Larger: Use dielectric flange kits with one plastic flange.
3.4 JOINT CONSTRUCTION
A. Ream ends of pipes and tubes and remove burrs. Bevel plain ends of steel pipe.
B. Remove scale, slag, dirt, and debris from inside and outside of pipe and fittings before
assembly.
C. Threaded Joints: Thread pipe with tapered pipe threads according to ASME B1.20.1. Cut
threads full and clean using sharp dies. Ream threaded pipe ends to remove burrs and restore
full ID. Join pipe fittings and valves as follows:
1. Apply appropriate tape or thread compound to external pipe threads unless dry seal
threading is specified.
2. Damaged Threads: Do not use pipe or pipe fittings with threads that are corroded or
damaged. Do not use pipe sections that have cracked or open welds.
D. Copper-Tubing Brazed Joints: Construct joints according to CDA's "Copper Tube Handbook,"
using copper-phosphorus brazing filler metal.
E. Copper-Tubing Soldered Joints: Apply ASTM B 813 water-flushable flux to tube end unless
otherwise indicated. Construct joints according to ASTM B 828 or CDA's "Copper Tube
Handbook," using lead-free solder alloy (0.20 percent maximum lead content) complying with
ASTM B 32.
F. PVC Piping Solvent-Cemented Joints: Clean and dry joining surfaces. Join pipe and fittings
according to the following:
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1. Comply with ASTM F 402 for safe-handling practice of cleaners, primers, and solvent
cements.
2. PVC Pressure Piping: Join schedule number, ASTM D 1785, PVC pipe and PVC socket
fittings according to ASTM D 2672. Join other-than-schedule-number PVC pipe and
socket fittings according to ASTM D 2855.
3. PVC Nonpressure Piping: Join according to ASTM D 2855.
3.5 VALVE INSTALLATION
A. Install in underground piping in boxes for automatic control valves. Install DBY splice kits at
each automatic control valve. Install a gate valve before each control valve. Fittings and nipples
as required.
3.6 SPRINKLER INSTALLATION
A. Install sprinklers after hydrostatic test is completed.
B. Install sprinklers at manufacturer's recommended heights. Install on flexible swing joints.
C. Locate part-circle sprinklers to maintain a minimum distance of 4 inches (100 mm) from walls
and 2 inches (50 mm) from other boundaries unless otherwise indicated.
3.7 AUTOMATIC IRRIGATION-CONTROL SYSTEM INSTALLATION
A. Equipment Mounting: Install interior controllers on wall.
1. Place and secure anchorage devices. Use setting drawings, templates, diagrams,
instructions, and directions furnished with items to be embedded.
2. Install anchor bolts to elevations required for proper attachment to supported equipment.
B. Equipment Mounting: Install exterior freestanding controllers on precast concrete bases.
1. Place and secure anchorage devices. Use setting drawings, templates, diagrams,
instructions, and directions furnished with items to be embedded.
2. Install anchor bolts to elevations required for proper attachment to supported equipment.
C. Install control cable in same trench as irrigation. Provide conductors of size not smaller than
recommended by controller manufacturer. Install cable in separate sleeve under paved areas.
Use expansions loops, by wrapping around a 1” dowel 12” long, every 500’.
3.8 CONNECTIONS
A. Comply with requirements for piping specified in Division 22 Section "Facility Water
Distribution Piping" for water supply from exterior water service piping, water meters,
protective enclosures, and backflow preventers. Drawings indicate general arrangement of
piping, fittings, and specialties.
Brewster Dog Park
Brewster Massachusetts
Planting Irrigation/Section 32840 - 9 of 11
B. Install piping adjacent to equipment, valves, and devices to allow service and maintenance.
C. Connect wiring between controllers and automatic control valves.
3.9 IDENTIFICATION
A. Identify system components. Comply with requirements for identification specified in
Division 22 Section "Identification for Plumbing Piping and Equipment."
B. Equipment Nameplates and Signs: Install engraved plastic-laminate equipment nameplates and
signs on each automatic controller.
1. Text: In addition to identifying unit, distinguish between multiple units, inform operator
of operational requirements, indicate safety and emergency precautions, and warn of
hazards and improper operations.
C. Warning Tapes: Arrange for installation of continuous, underground, detectable warning tapes
over underground piping during backfilling of trenches. See Division 31 Section "Earth
Moving" for warning tapes.
3.10 FIELD QUALITY CONTROL
A. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect,
test, and adjust components, assemblies, and equipment installations, including connections.
B. Perform tests and inspections.
1. Manufacturer's Field Service: Engage a factory-authorized service representative to
inspect components, assemblies, and equipment installations, including connections, and
to assist in testing.
C. Tests and Inspections:
1. Leak Test: After installation, charge system and test for leaks. Repair leaks and retest
until no leaks exist.
2. Operational Test: After electrical circuitry has been energized, operate controllers and
automatic control valves to confirm proper system operation.
3. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and
equipment.
D. Any irrigation product will be considered defective if it does not pass tests and inspections.
E. Prepare test and inspection reports.
3.11 STARTUP SERVICE
A. Startup service shall be the responsibility of the irrigation installer.
Brewster Dog Park
Brewster Massachusetts
Planting Irrigation/Section 32840 - 10 of 11
1. Complete installation and startup checks according to manufacturer's written instructions.
2. Verify that controllers are installed and connected according to the Contract Documents.
3. Verify that electrical wiring installation complies with manufacturer's submittal.
3.12 ADJUSTING
A. Adjust settings of controllers.
B. Adjust automatic control valves to provide flow rate at rated operating pressure required for
each sprinkler circuit.
C. Adjust sprinklers and devices, except those intended to be mounted aboveground, so they will
be flush with finish grade.
3.13 CLEANING
A. Flush dirt and debris from piping before installing sprinklers and other devices.
3.14 DEMONSTRATION
A. Train the Owner's maintenance personnel to adjust, operate, and maintain this system.
3.15 PIPING SCHEDULE
A. Install components having pressure rating equal to or greater than system operating pressure.
B. Piping in control-valve boxes and aboveground may be joined with flanges or unions instead of
joints indicated.
C. Underground irrigation main piping:
1. SDR 21, PVC, pressure-rated pipe; Schedule 80, PVC socket fittings; and solvent-
cemented joints.
D. Underground Circuit piping,
1. POLY pipe and insert & saddle fittings.
END OF SECTION
Brewster Dog Park
Brewster Massachusetts
Planting Irrigation/Section 32840 - 11 of 11
ATTACHMENTS:
PROJECT PLANS
Prepar ber 14, 2018
Cover Page
LC-100 Overall Existing Conditions
LC-101 Existing Conditions & Demolition Plan
LC-200 Layout Plan
LC-300 Grading & Utilities Plan
LC-400 Planting Plan
LC-500 Site Details
LC-501 Site Details
LC-502 Site Details
Brewster Dog Park
Brewster, Massachusetts
00850-7
ed by The Berkshire Design Group, Inc. dated Decem
Dog Park #1 10.18.19
ADDENDA AND MODIFICATIONS
1. Date: October 18, 2109
2. Re: Addendum No. 1
3. Project: Brewster Dog Park
4. Issued: October 2, 2019
5 To:
1- Christine Astin
Lawrence-Lynch Corp.
P.O. Box 913
Falmouth, MA 02541
PH 508.548.1800
www.lawrencelynch.com
Christine Astin castin@lawrencelynch.com
2-Ali Didion
Project Leads Team
(978) 499-9014
addenda@projectdog.com
3-Project Manager
MCE Dirtworks, Inc.
O: 508-240-5541
C: 508-737-2185
James Ruberti, Dirtworks james@dirtworkscapecod.com
4- Green Acres
21 Malbone Street
Lakeville, MA 02347
508-823-6699 Ext. 111
emaiato@greenacreslandscape.net
Select Board
Town Administrator
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
Dog Park #1 10.18.19
5-Jacqueline Sessa
Associate Research Analyst, Seattle
jacquelinesessa@deltek.com
T: 206.373.9150
509 Olive Way, Suite 400, Seattle, WA
98101
6-Avery Gordon | Content Specialist
avery.gordon@constructconnect.com
3825 Edwards Road, Ste. 800, Cincinnati OH 45209
800.364.2059 ext 5108158
7-Rich Zini
Assistant Project Manager
Robert B. Our Co., Inc.
24 Great Western Rd.
P.O. Box 1539
Harwich, MA 02645
T: 508-432-0530
F: 508-432-4385
Rich Zini RZini@robertbour.com
8-Greg Teper
Project Manager
21 Malbone Street
Lakeville, MA 02347
508-823-0149
Greg Teper gteper@greenacreslandscape.net
9-Matt Pappa
Business Development Manager
Cassidy Landscaping
781-953-5866
Matt Pappa matt@cassidylandscaping.com
10-Bobby Sathi bsathi@sciabacorp.com
Sciaba Construction Corporation
11-John McDougall
Rock Solid Construction
P.O. Box 186
Dog Park #1 10.18.19
North Pembroke, MA 02358
Cert. # 30279-0318
Rocksolidus@comcast.net
781-953-7787
12-Timothy Klink
President
The Coastal Companies
Tim Klink tim@buildwithcoastal.com
13-Nicole Poor
Office Administrator
GFM Enterprises, Inc.
Certified Woman Owned
Office # 508-694-5600
www.gfmexcavating.com
GFM Office office@gfmexcavating.com
14-Jacqueline Sessa JacquelineSessa@deltek.com
15-N&M Excavating
'robert@nmexcavating.com'
Dean Niezgoda
16-John john@paqcon.com
17-Joe DelPrete
Project Manager
DANDEL Construction Inc.
(781)726-1405
'joe@dandelinc.com'
18- Scott Oakley
Patriot Fence Crafters
p: (978) 777-0023 m: (781) 640-3996
f: (978) 777-3081
a: 34 Endicott Street, Danvers, MA 01923
w: www.patriotfence.com e: scott@patriotfence.com
19-Jim Healy | Sales | Seekonk Supply
Cell Phone | (508) 989-1902
E-Mail | jhealy@seekonksupply.com
Dog Park #1 10.18.19
6. From: Donna J. Kalinick, Assistant Town Administrator/Procurement Officer
Town of Brewster, 2198 Main St. Brewster MA 02631
7. This Addendum forms part of and modifies Bidding and contract Documents
for the project named above. Acknowledge receipt of this Addendum on the
attached Bid form.
8. Where any original item called for in the Project manual or indicated on the
Drawings is supplemented by this addenda, the supplemental requirements
shall supersede the previous item.
9. Where any original item is amended, voided, or superseded hereby, the other
provisions of such items not specifically amended, voided, or superseded shall
remain in effect.
10. This Addendum consists of this document and the following attachments:
1- Pre-Bid Conference Attendees
2- Clarification
1- Pre-Bid Conference was held on Tuesday October 15, 2019 at 631 Harwich
Rd. The following people were in attendance:
Patrick Ellis, Town of Brewster
James Jones, Town of Brewster
Jenn Morris, GFM Enterprises
James Ruperti, MCE Dirtworks
Gregory Teper, Green Acres Landscape Construction
Vince Jameson, Coastal Custom Builders
2- The following question was made at the pre-bid conference:
Is the gravel drive on the plan, really a gravel drive
Clarification: As per plan set LC500, item 8 is listed as a gravel drive
Plan. On Plan set LC200, Gravel Maintenance Drive note says sees Detail 4,
LC500; it should have said, see Detail 7, LC500.
Copyright The Berkshire Design Group, Inc.CPrepared by:
4 Allen Place, Northampton, Massachusetts 01060
The
Berkshire
Design
Group, Inc.
Tel (413) 582-7000 FAX (413) 582-7005
This project is funded by
The Stanton Foundation, Brewster Dog Park Development Committee,
& the Town of Brewster
Civil Engineering
Planning
Surveying
Landscape Architecture
BID SET
Cover Page
LC-100 Overall Existing Conditions
LC-101 Existing Conditions & Demolition Plan
LC-200 Layout Plan
LC-300 Grading & Utilities Plan
LC-400 Planting Plan
LC-500 Site Details
LC-501 Site Details
LC-502 Site Details
LC-600 Irrigation Plan
Sheet Index :
Prepared for:
Town of Brewster
2198 Main Street
Brewster, Massachusetts 02631
Peter Lombardi , Town Administrator
Patrick Ellis, Superintendent of Public Works
Brewster Dog Park
631 Harwich Road, Brewster MA
September 25, 2019
Locus
Site
Leicester St
EET250.39'79.
3
5
'N 8
9
°
3
4
'
5
0
"
E
Now Or FormerlyCommonwealth Of Massachusetts0 State ForestBrewster, Massachusetts 02631PID: 63_19_0Deed Book 360, Page 6No Plan ReferenceNow Or FormerlyKatherine L. Jones0 Harwich Road RearBrewster, Massachusetts 02631PID: 63_17_0Deed Book 1446, Page 829No Plan ReferenceNow Or FormerlyTimothy C. & Lisa F. Doyle651 Harwich RoadBrewster, Massachusetts 02631PID: 64_29_0Deed Book 10901, Page 260Plan Book 491, Page 58Now Or FormerlyThomas E. Coburn & Barbara Lamont589 Harwich RoadBrewster, Massachusetts 02631PID: 64_27_0Deed Book 5624, Page 111Plan Book 368, Page 14Now Or FormerlyRobert H. & Martha K. O'Donnell575 Harwich RoadBrewster, Massachusetts 02631PID: 64_26_0Deed Book 16979, Page 88Plan Book 368, Page 14Now Or FormerlyHarold A. & Phyllis May82 Captain Perry RoadBrewster, Massachusetts 02631PID: 64_24_0Deed Book 1142, Page 549Plan Book 227, Page 13Now Or FormerlyMark D. & Sylvia A. Watson81 Captain Perry RoadBrewster, Massachusetts 02631PID: 64_23_0Deed Book 3394, Page 119Plan Book 362, Page 73Habitat For Humanity Of Cape Cod, Inc. 0 Tubman RoadBrewster, Massachusetts 02631PID: 65_74_0Deed Book 28445, Page 190Plan Book 665, Page 83Now Or FormerlyDiane M. Romme100 Proprietors CartwayBrewster, Massachusetts 02631PID: 64_36_0Deed Book 21002, Page 60No Plan ReferenceNow Or FormerlyNow Or FormerlyTimothy C. & Lisa F. Doyle651 Harwich RoadBrewster, Massachusetts 02631PID: 64_29_0Deed Book 10901, Page 260Plan Book 491, Page 58PROPRIETORS CARTWAYN: 2,735,003.9420E: 1,043,839.4629LAT:41°44'38.76"LON:70°04'45.81"12"
D
.
I
.6" D.I.8" D.I.8" D.I.Checked By:
Drawn By:
Revisions
Scale:
Date:Sheet Number
Web: http://www.berkshiredesign.com
Email: bdg@berkshiredesign.com
(413) 582-7000
4 Allen Place, Northampton, Massachusetts 01060
FAX (413) 582-7005
Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
SEPTEMBER 25, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
EXISTING
CONDITIONS
LC-100
0'50'25'100'150'
SCALE 1"=50'-0" (if printed full size @ 24" x 36")
EXISTING CONDITIONS NOTES
1. The existing conditions survey depicted hereon was obtained by a field survey
completed on august 10, 2017 by the Berkshire Design Group, Inc.
2. The purpose of this plan is to illustrate this surveyors interpretation of
constructed improvements, topography, natural features, observable monuments,
obtainable plans and deeds of record, witness testimony, and any other plans and
deeds which may affect the locus property at the time and date of the partial field
survey.
3. This plan does not show any unrecorded or unwritten easements which may
exist. A reasonable and diligent attempt has been made to observe any apparent,
visible uses of the land; however, this does not constitute a guarantee that no such
easements exist.
4. This plan and survey were prepared using gnss and conventional survey
methods. A leica ts15 total station was used having an accuracy of 5" and 5 ppm. A
leica gs14 network rtk was used having subcentimeter accuracy.
5. The basis of bearings, azimuths, and the north arrow shown hereon is the
massachusetts state plane coordinate system (nad83). The basis of the elevations
depicted hereon is a grid separation calculation based on geoid12a resulting in
navd88.
6. The property lines shown hereon were taken directly from the Massachusetts
online gis database and are therefore approximate.
BREWSTER POLICE
DEPARTMENTHARWICH ROADThe Location Of All Underground Utilities Shown Are Approximate
And Are Based Upon A Field Survey And Compilation Of Plans Of
Record. Berkshire Design Group, Inc. Does Not Warranty The
Location Of All Utilities Depicted. Only Record Information Provided
By The Respective Utility Owner And Independently Verified By
Berkshire Design Group, Inc. Is Shown Hereon. The Contractor,
Engineer, Or Architect Prior To Commencement Of Construction or
Design, Shall Verify The Location Of All Utilities And Contact Dig
Safe At 1-888-344-7233.
REFERENCE PLANS
1. "PLAN OF LAND IN BREWSTER MADE FOR THE TOWN OF BREWSTER" DATED:
JULY 1995 BY SLADE ASSOCIATES, INC. AND RECORDED IN PLAN BOOK 516, PAGE
52.
2. "PLAN OF LAND IN BREWSTER, MASS. PREPARED FOR DWIGHT L. ROGERS JR."
2 SHEETS, DATED: OCTOBER 29, 1982 BY JAMES C. ROGERS, R.L.S. AND
RECORDED IN PLAN BOOK 368, PAGE 12.
3. "PLAN SHOWING A: DIVISION OF LAND LAND LOCATED IN: BREWSTER, MA.
PREPARED FOR: ANN PHILLIPOFF ROGERS" DATED: OCTOBER 16, 1992 BY RYDER
& WILCOX, INC. AND RECORDED IN PLAN BOOK 491, PAGE 58.
4. "SUBDIVISION PLAN OF LAND IN BREWSTER, MASS. MADE FOR HERBERT P.
CROOKER AND RUTH A. CROOKER" DATED: MARCH 1962 BY NICKERSON &
BERGER AND RECORDED IN PLAN BOOK 173, PAGE 25.
5. "PLAN OF LAND IN BREWSTER, MASS. MADE FOR WILLIS E. CLARK" DATED:
MARCH 1969 BY NICKERSON & BERGER AND RECORDED IN PLAN BOOK 227,
PAGE 77.
6. "PLAN OF LAND IN BREWSTER, MA PREPARED FOR DONALD & GAIL
SMITHSON" DATED: AUGUST 28, 2014 BY DOWN CAPE ENGINEERING, INC. AND
RECORDED IN PLAN BOOK 655, PAGE 44.
NOTES
1. The record conditions survey depicted hereon was obtained by a partial field
survey on october 15-17, 2018 by the berkshire design group, inc. (area of
detailed topography) and from massgis and other publicly available sources.
This plan should not be relied upon for accurate property lines.
2. The purpose of this plan is to provide a plan illustrating this surveyors
interpretation of constructed improvements, natural features, observable
monuments, obtainable plans and deeds of record, witness testimony, and any
other plans and deeds which may affect the locus property at the time and date
of the partial field survey.
3. This plan does not show any unrecorded or unwritten easements which may
exist. A reasonable and diligent attempt has been made to observe any
apparent, visible uses of the land; however, this does not constitute a guarantee
that no such easements exist.
4. This plan and survey were prepared using gnss and conventional survey
methods. A leica tcr405 total station was used having an accuracy of 5" and 5
ppm. A leica gs14 network rtk was used having subcentimeter accuracy.
5. The basis of bearings, azimuths, and the north arrow shown hereon is the
massachusetts state plane coordinate system (nad83). The basis of the
elevations depicted hereon is a grid separation calculation based on geoid12a
resulting in navd88.
EN: 2,735,003.9420E: 1,043,839.4629LAT:41°44'38.76"LON:70°04'45.81"12
"
D
.
I
.6" D.I.8" D.I.8" D.I.Checked By:
Drawn By:
Revisions
Scale:
Date:Sheet Number
Web: http://www.berkshiredesign.com
Email: bdg@berkshiredesign.com
(413) 582-7000
4 Allen Place, Northampton, Massachusetts 01060
FAX (413) 582-7005
Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
SEPTEMBER 25, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
DEMOLITION
PLAN
LC-101
0'30'15'60'90'
SCALE 1"=30'-0" (if printed full size @ 24" x 36")
BREWSTER POLICE
DEPARTMENT
CLEAR ALL TREES AND VEGETATION IN ZONE.
REMOVE ALL STUMPS.
SELECTIVE TREE CLEARING ZONE
SELECT TREES FOR REMOVAL WITH LANDSCAPE
ARCHITECT. STUMPS TO BE GROUND TO 12"
BELOW FINISH GRADE. CLEAR AND GRUB OTHER
VEGETATION. RAKE TO PROVIDE CLEAR FOREST
FLOOR.
KEY
FOREST
CLEARING ZONE
SELECTIVE FOREST
CLEARING ZONE
20' X 40' GRAVEL TRACKING PAD
APPROX. LIMIT OF WORK
1. Existing conditions and topography taken from field survey by Berkshire
Design Group, Northampton, MA.
2. Project benchmarks are indicated on the plan sheets.
3. The Contractor shall be responsible for a thorough site examination to
determine the extent of demolition necessary to prepare the site for
construction and shall verify all items to be demolished or salvaged with the
Landscape Architect prior to beginning work.
4. Care shall be taken not to damage any items designated to remain; repair
or replacement of damaged items designated to remain shall be at the
Contractors' expense.
5. Disposal of property designated to be removed shall be at the direction of
the Landscape Architect or Owner, and shall conform to all applicable laws
and regulations. All salvagable material shall be delivered by the Contractor to
storage areas designated by the Landscape Architect. Contractor shall remove
all existing unsuitable materials from
6. The Contractor shall protect existing trees to remain with 2"x 4"x 6'-0"
stakes and snow fencing.
7. All topsoil shall be stripped from grass areas to be removed and stockpiled
in an area designated by the Owner. The Contractor is responsible for all
topsoil as needed to meet the specifications.
8. The Contractor may use temporary fencing to control the site during
construction. Prior to the finalization of the project, the Contractor shall
remove all temporary fencing and barricades.
9. The locations of existing underground utilities are shown in an approximate
way only based on available data and all utilities may not be shown. Prior to
construction, the contractor shall contact Dig Safe at 1-800-322-4844 to
request utilities to be marked on the ground. The contractor shall be
responsible for determining the exact location of all existing utilities before
commencing work. The contractor agrees to be fully responsible for any and
all damages which might be occasioned by his/her failure to exactly locate and
preserve any and all utilities.
10. All boundary monuments shall be protected and/or preserved during
demolition and construction. Should any boundary monument be destroyed
and/or altered as a result of demolition and construction, it shall be the
responsibility of the party incurring the damage to obtain the services of a
professional land surveyor to replace and reset said monument.
EXISTING CONDITIONS/DEMOLITION NOTES
This project requires coverage under the EPA NPDES General Permit for
Stormwater Discharges from Construction Activities. Contractor and
Owner are responsible for finalizing a Stormwater Pollution Prevention
Plan (SWPPP) and filing for the NDPES permit prior to the start of
construction. All work shall conform to the requirements of the Permit
for this project. All clearing, grading, drainage, construction, and
development shall be conducted in strict accordance with the SWPPP.
NPDES PERMIT
EN: 2,735,003.9420E: 1,043,839.4629LAT:41°44'38.76"LON:70°04'45.81"12
"
D
.
I
.6" D.I.8" D.I.8" D.I.4'-
0
"
6'
-
0
"
6'-0"
24'
-
6
"R131'R62'-8"R135'-5"R105'R157'-9"15'-3"11'-5"
7'-
6
"22'1
8
'9'54'R38'R
3
1
1
'R10'R5'R5'R
3
7
3
'
-
1
0
"
R372
'
R10'10'40'-0"
R44'4'R47'R100'R17'
R
7
6
'
26'
-
3
"256'-6"12
3
'
-
3
"6'40'10'10'12'R43'
R33'27'32'17'16'
-
4
"32'R60'94'-6"95'Checked By:
Drawn By:
Revisions
Scale:
Date:Sheet Number
Web: http://www.berkshiredesign.com
Email: bdg@berkshiredesign.com
(413) 582-7000
4 Allen Place, Northampton, Massachusetts 01060
FAX (413) 582-7005
Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
SEPTEMBER 25, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
LAYOUT PLAN
LC-200
5' CHAIN-LINK FENCE
SEE DETAIL 9/LC-500
BIT. CONC. WALK
SEE DETAIL 2/LC-500
BIT. CONC.
ENTRANCE ROAD.
SEE DETAIL 1/LC-500
50'-0" LAYOUT GRID
SAND PLAYMOUND WITH
GRANITE CURB EDGING
SAND PLAYMOUND WITH
GRANITE CURB EDGING
BIT. CONCRETE WALK
SEE DETAIL 2/LC-500
ACCESSIBLE STRIPED AISLE, PARKING
SYMBOLS AND SIGNAGE (2)
GRANITE CURB & BIT. CONC. WALK
SEE DETAIL 2&5/LC-500
PLAY BOULDERS (7)
SEE DETAIL 3/LC-501
(2) DOG WATER STATION
SEE DETAIL 2/LC-501
0'30'15'60'90'
SCALE 1"=30'-0" (if printed full size @ 24" x 36")
APPROX. EXISTING POLICE
DEPARTMENT PARKING LOT
PROVIDE 40' MINIMUM DISTANCE
BETWEEN EXISTING PARKING LOT AND NEW ROAD
SMALL DOG
AREA
LARGE DOG
AREA
6' STEEL BENCH,
TYPICAL OF 8.
SEE DETAIL 6/LC-500
GRAVEL MAINTENANCE DRIVE
SEE DETAIL 4/LC-500
GRAVEL MAINTENANCE DRIVE
SEE DETAIL 4/LC-500
PLAY BOULDERS (5)
SEE DETAIL 3/LC-501
WOOD PLATFORM & RAMP
SEE DETAIL 6/LC-501
10' WIDE ACCESS GATE
(2)-5' GATES.
SEE DETAIL 9/LC-500
GRANITE CURB & BIT.
CONC. WALK
SEE DETAIL
2&5/LC-500
10' WIDE ACCESS GATE
(2)-5' GATES.
SEE DETAIL 9/LC-500
ENTRY PLAZA
SEE DETAIL 1/LC-502
PET WASTE STATION, TYP. OF 2
SEE DETAIL 8/LC-500
RAKED GROUND SURFACE
WITH 3" BARK MULCH, TYP.
1. Do not scale drawings for quantity take-offs or construction. Use written dimensions only. If dimensions
are incomplete, contact The Berkshire Design Group, Inc. for clarification.
2. All lines or points are perpendicular or parallel to lines from which they are measured unless otherwise
noted.
3. The Contractor shall verify all layout, dimensions, grades, and inverts prior to construction; report any and
all discrepancies to the Landscape Architect. All discrepancies shall be resolved in writing prior to beginning
work.
4. All areas disturbed from construction activity to be raked, smoothed, fertilized and seeded with perennial
turfgrasses unless otherwise noted.
5. All new walks and surfaces to meet existing walks and surfaces with smooth, continuous line and grade.
6. The Contractor shall not install concrete during adverse weather conditions (rain, sleet, etc.) unless
otherwise directed by the Landscape Architect.
LAYOUT NOTES
RAKED GROUND SURFACE
WITH 3" BARK MULCH, TYP.
4" DEPTH OF
WASHED
RICE STONE
4" DEPTH OF
WASHED
RICE STONE
+94.001.75%93.0095.001.75%
95.00
93.25 2.2%+TC 96.38
+TC 96.08
TC 96.29
BC 95.791.5%1.
7
5
%
+96.67
1.5
%1.75%+
+97.60 BC
1.75%1.5%1.5
%
+TC 96.56
+
1.5%
98.00
+98.60
99.00
100.00
101.00
102.0097.0096.0093.0094.0098.00
TC 96.27
TC 96.05
97.64
97.95
97.54
97.59
96.72
96.78
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97.67+
BC 96.30
TC 96.80
+
BC 95.88
BC 95.58
+
+97.10
+98.21
+
+
+97.21
+
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BC 96.06
+
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+98.14
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+HP 102.50
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"
D
.
I
.6" D.I.8" D.I.8" D.I.Checked By:
Drawn By:
Revisions
Scale:
Date:Sheet Number
Web: http://www.berkshiredesign.com
Email: bdg@berkshiredesign.com
(413) 582-7000
4 Allen Place, Northampton, Massachusetts 01060
FAX (413) 582-7005
Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
SEPTEMBER 25, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
GRADING
AND
UTILITIES PLAN
LC-300
0'30'15'60'90'
SCALE 1"=30'-0" (if printed full size @ 24" x 36")
2" HDPE NEW WATER LINE
TO BE INSTALLED BY BREWSTER DPW
GATE VALVE AND RISER TO HOSE BIB SPIGOT
HOSE BIB ATTACHED TO FENCE POST AT 3'
INSTALL VALVE BOX AND QUICK CONNECT
FOR WINTERIZATION. COVER TO BE SET FLUSH.
VALVE BOX WITH BALL VALVE
FOR TWO DOG WATER FOUNTAINS
NEW 2" WATER LINE CONNECTION TO
EXISTING MAIN. INSTALLED BY
BREWSTER DPW
GRADING & UTILITY NOTES
1. Project benchmark is as noted on the plan and as per topographic survey by Berkshire Design Group,
dated 2018.
2. All sidewalks/walkways shall conform to the Massachusetts Architectural Access Board's (AAB)
requirements. Typical sidewalk/walkway cross-slope is 1.5%. In no case shall sidewalk/walkway cross-slope
exceed 2.0%. Notify Engineer of any discrepancies.
3. All materials and construction methods shall conform to the construction standards and specifications of
the Town of Brewster and the Massachusetts Department of Public Works.
4. All dimensions, elevations and layout shall be verified in the field by the contractor and approved by the
Landscape Architect prior to beginning work.
5. All new or adjusted manholes, gas gates, water gates and water services to be flush with finished grade.
6. All new or adjusted catch basin rims shall be set 1/2 inch below finished grade.
7. Notify the Landscape Architect of any discrepancies prior to construction.
8. All water lines shall have a minimum of 5' of cover over the crown of pipe.
9. Thrust blocks shall be constructed for all water lines at all angles, bends, branches, plugs and wherever
else is necessary to prevent disruption of proper functioning of the line.
E12"
D
.
I
.6" D.I.8" D.I.8" D.I.Checked By:
Drawn By:
Revisions
Scale:
Date:Sheet Number
Web: http://www.berkshiredesign.com
Email: bdg@berkshiredesign.com
(413) 582-7000
4 Allen Place, Northampton, Massachusetts 01060
FAX (413) 582-7005
Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
SEPTEMBER 25, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
PLANTING
PLAN
LC-400
0'30'15'60'90'
SCALE 1"=30'-0" (if printed full size @ 24" x 36")
(45) RHUS AROMATICA
(2) STEWARTIA PSEUDOCAMELLIA
(5) LIRIODENDRON TULIPIFERA
RICE STONE
RAKE TO PROVIDE CLEAN FOREST FLOOR
(20) ROSA RUGOSA
(40) RHUS AROMATICA
(20) ROSA RUGOSA
RIP-RAP APRON
PLANTING LIST
SPECIES COMMON NAME QUANTITY SIZE
LIRIODENDRON TULIPIFERA TULIP POPLAR 5 2.5"-3" CAL.
QUERCUS ALBA WHITE OAK 1 2.5"-3" CAL.
RHUS AROMATICA 'GRO-LOW'FRAGRANT SUMAC 85 #3 POT
ROSA RUGOSA RUGOSA ROSE 40 #3 POT
1. All nursery stock shall comply with the latest standards of the American Nursery & Landscape Association
with regard to grading and quality.
2. All plants shall conform to the measurements specified, except that plants larger than those specified may
be used if approved by the Landscape Architect.
3. All plants shall be nursery grown in accordance with good horticultural practices and shall be grown under
climatic conditions similar to those in the project locality for at least two years.
4. Balled and burlapped plants (B&B) shall be moved with the root system as solid units; root balls shall be
firmly wrapped with burlap. Container grown plants shall not be removed from container prior to the time of
installation; root system shall be firmly set in container.
5. Planting soil mix shall consist of seven (7) parts loam and one (1) part peat moss by volume, with a pH
value of 5.0 to 6.0.
6. All trees and shurbs to receive two (2) fertilizer packets as shown in details.
7. Planting beds to receive 4" depth of bark mulch.
8. All plant material shall be guaranteed for one full growing season (one year) after installation.
9. Any plant material which dies, turns brown or unexpectedly defoliates prior to acceptance of work shall be
promptly removed from the site and replaced with material of the same species, quality, size and meeting all
planting specifications.
10. Planting layout shall be approved by the Landscape Architect prior to installation.
PLANTING NOTES
(1) QUERCUS ALBA
TENTATIVE LOCATIONS OF
EXISTING TREES.
TBD IN FIELD WITH LAND. ARCH.
STEWARTIA PSEUDOCAMELLIA JAPANESE STEWARTIA 2 2"-2.5" CAL.
RICE STONE
Bit. Conc. Paving
LC-500
1
Not to Scale
Concrete Paving
LC-500
4
Not to Scale
PERPENDICULAR TO DIRECTION OF PAD WITH 3'' TROWELLED EDGES
CONCRETE FINISH TO BE MEDIUM TEXTURE BROOM FINISHNOTE:8''2''2''COMPACTED SUBGRADE
UNDISTURBED OR
4000 P.S.I.
GRAVEL BASE,
95% MIN. DENSITY
WIRE MESH
WITH 6''x6''x10/10
4'' CONCRETE
COMPACTED
Litter & Recycle Station
LC-500
7
Not to Scale
TWO RECEPTACLES AS
SPECIFIED TO INCLUDE 32
36''±18'' DIA.
FINISH GRADE-SEE PLAN
FOR MATERIAL
UNDISTURBED OR COMPACTED
SUBGRADE24''2-3/8'' O.D. STEEL SUPPORT
GALLON PLASTIC LINER
MIN.FLAT TOP LIDS AS SPECIFIED
CONCRETE FOOTING, 4000 PSI
1/2"x9" STEEL PIN
SET SUPPORT LEG
CENTER POST SUPPORT
ONE LID TO READ "LITTER ONLY"
ONE LID TO READ "RECYCLE ONLY"
WITH RECYCLE SYMBOL
NOTES:
1. RECYCLE STATIONS TO BE ANCHORED TO PAVEMENT AS PER MANUFACTURER'S INSTRUCTIONS.
1-1/2"
95% MIN. DENSITY
COMPACTED GRAVEL BASE COURSE
12''
UNDISTURBED OR COMPACTED SUBGRADE
2"
NOTES:
1. BENCHES TO BE AS SPECIFIED. THE GENERAL CONTRACTOR SHALL
2. BENCHES TO BE ANCHORED TO PAVEMENT AS PER MANUFACTURER'S INSTRUCTIONS.
INSTALL THE BENCHES IN LOCATIONS AS PER THE PLAN.
CONCRETE PAD
STEEL BENCH
AS SPECIFIED
1/2" x 8" GALV ANCHOR
BOLTS AND EPOXY
17"2'-7 1/4"Chain Link Fence and Gate
LC-500
9
Not to Scale
CONCRETE FOOTING, 3000 PSI (TYP.)
12'' FOR LINE, 18'' FOR END/CORNER POST
UNDISTURBED OR
COMPACTED SUBGRADE
12''4'-0''5'-0''LINE POST
2-1/2'' O.D., TYP.
TOP & BOTTOM RAIL
1-5/8'' O.D.
ALL POSTS EQUIDISTANT UNLESS OTHERWISE NOTED
10'-0'' MAX. SPACING
1/2'' 9-GAUGE STEEL BANDS
TO FASTEN MESH FABRIC TO RAILS
@ APPROX 12'': O.C. STARTING 6'' FROM
SELVAGED EDGE, TYP.
TERMINAL POST
3'' O.D. (TYP.) WITH CAP
FENCE MESH, 2", 9 GA.
KNUCKLED SELVAGE
TENSION BAR
@ APPROX. 12'' O.C. ON TERMINAL
& LINE POSTS, TYP.
FINISHED GRADE-SEE PLAN
2''6''NOTES:
1. ALL POSTS, MESH AND FASTENERS TO BE BLACK VINYL-CLAD
OR APPROVED EQUAL.
3. FENCE MESH TO BE INSTALLED ON THE ROAD SIDE OF POSTS.2''18''
CORNER/END POSTLINE POST
2. FENCE MESH FABRIC TO BE BLACK VINYL-CLAD.
1/2'' 9-GAUGE STEEL BANDS
FOR MATERIAL
6'' MIN. FOR
LOAM AREAS
1-5/8" INT. RAIL AND 5/8"
TRUSS ROD BETWEEN END/CORNER
POSTS AND ADJACENT LINE POSTS
TURNBUCKLE
LINE POST CAP, TYP.
4000 PSI
4'-0'' MIN.COMPACTED SUBGRADE
UNDISTURBED OR
3'-4'' O.C.5'-0''TRUSS BRACE
CONCRETE FOOTING
FINISH GRADE PERIM. EDGE
CHAIN LINK MESH MESH
TENSION BAR
2"
3" GATE POST
FULCRUM LATCH
2" O.D. GATE FRAME
SELF-CLOSING GATE HINGE
ALL CORNERS
CORNER FITTING
18''Ø 18''Ø
NOTE:
1. ALL GATE MATERIALS SHALL BE THE SAME AS THOSE
FOR CHAIN LINK FENCE.6''1/2'' 9-GAUGE STEEL BANDS
TO FASTEN MESH FABRIC TO GATE FRAME
@ APPROX 12'': O.C. STARTING 6'' FROM
SELVAGED EDGE, TYP.
2. DOUBLE GATE SHALL BE 10' TOTAL WIDTH WITH TWO
LEAVES @ 5' EACH.
Bit. Conc. Path & Rice Stone Edge
LC-500
2
Not to Scale
MDOT HOT MIX ASPHALT BINDER COURSE
MASS HWY. M3.11.03, TABLE A
MDOT HOT MIX ASPHALT WEARING COURSE
MASS HWY. M3.11.03, TABLE A
EXTEND GRAVEL 12'' BEYOND EDGE OF
NOTE: IF UNSUITABLE CONDITIONS ARE ENCOUNTERED, DEPTH OF BASE
MATERIAL MAY BE INCREASED IN THE FIELD.
PAVING WHERE ROAD IS NOT CURBED
UNDISTURBED OR COMPACTED SUBGRADE
COMPACTED 3/4 CRUSHED STONE
TOP LAYER
12''95% MIN. DENSITY
MASS HWY. M.103.0 TYPE B
GRAVEL BORROW SUBBASE
Gravel Maintenance Drive
LC-500
8
Not to Scale
Steel Bench
LC-500
6
Not to Scale
3''
8"
Checked By:
Drawn By:
Revisions
Scale:
Date:Sheet Number
Web: http://www.berkshiredesign.com
Email: bdg@berkshiredesign.com
(413) 582-7000
4 Allen Place, Northampton, Massachusetts 01060
FAX (413) 582-7005
Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
SEPTEMBER 25, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
SITE
DETAILS
LC-500
Concrete Curb
LC-500
5
Not to Scale
PET WASTE
LEASH AND CLEAN
UP AFTER
YOUR PET
PLEASE KEEP
THIS AREA
CLEAN
DOG POT
ALUMINUM BAG DISPENSER
REFLECTIVE 12x18
STEEL MOUNTING POST
CONCRETE FOOTING,
ALUMINUM SIGN
3000 PSI, 12" DIA.36"MIN.Pet Waste Station
LC-500
10
Not to Scale6''BITUMINOUS CONCRETE PAVING
AS DETAILED
PRECAST CONCRETE CURB
MATERIAL VARIES, SEE PLAN
SET IN 3000 PSI*
UNDISTURBED OR
COMPACTED SUBGRADE
CONCRETE, TYP
12'' 10''MIN.6''6''6''
95% MIN. DENSITY
COMPACTED GRAVEL BASE
* PROCEDURE DESCRIBED HEREIN IS APPLICABLE ONLY IF CURB IS TO BE SET AFTER BASE AND/ OR BINDER COURSES
ARE IN PLACE OTHERWISE CONCRETE WILL BE ELIMINATED AND GRAVEL BROUGHT UP TO BOTTOM OF BASE COURSE.
1-1/2"
95% MIN. DENSITY
COMPACTED GRAVEL BASE
8''
UNDISTURBED OR COMPACTED SUBGRADE
1"
MDOT HOT MIX ASPHALT BINDER COURSE
MASS HWY. M3.11.03, TABLE A
MDOT HOT MIX ASPHALT WEARING COURSE
MASS HWY. M3.11.03, TABLE A
COMMON FILL
1/4" 'RICE' CRUSHED GRAVEL STONE (4" DEEP)
1'
1-1/2"
95% MIN. DENSITY
COMPACTED GRAVEL BASE
8''
UNDISTURBED OR COMPACTED SUBGRADE
1"
MDOT HOT MIX ASPHALT BINDER COURSE
MASS HWY. M3.11.03, TABLE A
MDOT HOT MIX ASPHALT WEARING COURSE
MASS HWY. M3.11.03, TABLE A
TOP SOIL
SOD LAWN
1'
6"
Bit. Conc. Path & Sod Lawn Edge
LC-500
3
Not to Scale
BITUMINOUS CONCRETE CURB
TYPE 2, MDOT STANDARD
30° TAPER
Erosion Control Barrier
LC-501
4
Not to Scale
Accessible Curb Ramp
LC-501
2
Not to Scale
Dog Water Station
LC-501
1
Not to Scale 24"7"8" STEEL PIPE
34"5"2" OPEN HUB DRAIN TO PERFORATED
6" PIPE. SEE NOTE #8 BELOW.
M.D.F.
10 3/4"
BY OTHERS14"BY OTHERS 39"6 3/4"
11 1/4" C-C
FRONT VIEW
NLF 9 IN LINE
VACUUM
BREAKER
WATER OUT
WATER IN NLF 9
DETAIL OF BACKFLOW
PREVENTION
OUT BRACKET
IN
POSITION
OF HB(ON
OPPOSITE
SIDE)
NOTES:
1.PET FOUNTAIN IS PROVIDED WITH AN IN-LINE VACUUM BREAKER, PLUS A 1 GPM FLOW RESTRICTOR.
2.IF TYING INTO A SANITARY SEWER A P-TRAP WILL BE NECESSARY.
3. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.
4. DO NOT SCALE DRAWING.
5. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN PROFESSIONALS
FOR PLANNING PURPOSES ONLY. THIS DRAWING MAY NOT BE USED FOR CONSTRUCTION.
6. ALL INFORMATION CONTAINED HEREIN WAS CURRENT AT THE TIME OF DEVELOPMENT BUT MUST BE REVIEWED AND APPROVED BY
THE PRODUCT MANUFACTURER TO BE CONSIDERED ACCURATE.
7. CONTRACTOR'S NOTE: FOR PRODUCT AND COMPANY INFORMATION VISIT www.CADdetails.com/info AND ENTER
REFERENCE NUMBER 3354-9.7.
8. DRAIN SHALL CONNECT TO A 6" PERFORATED PVC DRAIN LINE EMBEDDED IN A 3' D x 4' W x 4' W STONE BED DRYWELL.
50' min.
8"min.
WEST STREET
GEOTEXTILE SEPARATION FABRIC
2"-3'' WASHED COARSE
EXIST. GROUND
FOR FULL WIDTH AND LENGTH
AGGREGATE
STABILIZED CONSTRUCTION ACCESS NOTES:
1. DIMENSIONS:WIDTH: 15' FLARED TO 25' AT ROADWAY
LENGTH: 50' MIN.
GRADE AND CROSS SLOPE: 2%
2. CLEAR ACCESS OF ALL VEGETATION, ROOTS, AND OTHER OBJECTIONAL MATERIAL.
3. GRADE THE ROAD SUBGRADE SO THAT THE ACCESS WILL NOT DRAIN OFF SITE.
4. MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD, SEDIMENT, ETC.
FROM LEAVING THE SITE. SHOULD MUD/SEDIMENT BE TRACKED OR WASHED INTO
WEST STREET IT SHALL BE REMOVED IMMEDIATELY.
Construction Tracking Pad
LC-501
5
Not to Scale
Checked By:
Drawn By:
Revisions
Scale:
Date:Sheet Number
Web: http://www.berkshiredesign.com
Email: bdg@berkshiredesign.com
(413) 582-7000
4 Allen Place, Northampton, Massachusetts 01060
FAX (413) 582-7005
Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
SEPTEMBER 25, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
SITE
DETAILS
LC-501
ADJACENT ROLLS SHALL
TIGHTLY ABUT STRAW WATTLES
SECTION
SILT FENCE TUCKED
UNDER STRAW WATTLE
SILT FENCE
SILT FENCE
ENTRENCHED 3"
FLOW
SEE PLAN
FOR WIDTH 6'-0''
MAX.
12:1 MAX.
12:1 MA
X
.
DETECTABLE WARNING STRIP
PER ADAAG SPECIFICATION
CONTROL JOINTS
CURB TRANSITION
CURB-6'' REVEAL
MAINTAIN 6'' MIN.
COMPACTED GRAVEL UNDER
CURB TRANSITION
CURB/RAMP TO BE FLUSH
WITH ROADWAYPER PLAN1.5% MAX.
6'-0''
TYPICAL
SLOPED RAMP SURFACE, TYP.
SEE PLAN FOR MATERIAL
24"
Wood Platform & Ramp
LC-501
7
Not to Scale
AND BURLAP FROM TOP
REMOVE ALL TWINE, ROPE
UNDISTURBED OR
PLANTING SOIL
4" HIGH EARTH SAUCER
SET TOP OF ROOT BALL FLUSH TO FIN. GRADE
18"8"
MULCH RING; 6' MIN. DIAMETER,
MARK NORTH SIDE OF THE TREE IN THE NURSERY,
ROTATE TREE TO FACE NORTH AT SITE, IF POSSIBLE
DO NOT HEAVILY PRUNE TREE AT PLANTING;
PRUNE ONLY CROSSOVER LIMBS,
CO-DOMINANT LEADERS AND BROKEN OR
DEAD BRANCHES. (SOME INTERIOR TWIGS
AND LATERAL BRANCHES MAY BE PRUNED;
HOWEVER, DO NOT REMOVE THE TERMINAL
BUDS OF BRANCHES THAT EXTEND TO THE
EDGE OF THE CROWN.)
2" DEPTH; DO NOT PLACE MULCH IN
CONTACT WITH TREE TRUNK
BEYOND EDGE OF ROOT BALL
1/2 OF ROOT BALL
IF APPLICABLE: CUT WIRE BASKET
INTO THE PLANTING SOIL
IN 4 PLACES AND FOLD DOWN 8"
COMPACTED SUBGRADE
FERTILIZER ROOT PACKET,
2 PER TREE, 6"-8" DEEP,
PLACED AS ROOT BALL IS
BACKFILLED
TAMP SOIL AROUND ROOT BALL FIRMLY
WITH FOOT PRESSURE SO THAT ROOT BALL
DOES NOT SHIFT
NOTE: DO NOT STAKE OR WRAP TRUNK
* EACH TREE SHALL BE PLANTED SUCH THAT THE TRUNK
BASE FLARE IS VISIBLE AT THE TOP OF THE ROOT BALL. DO
NOT COVER THE TOP OF THE ROOT BALL WITH SOIL
*FIN. GRADE
Tree Planting
LC-501
6
Not to Scale 30" MAX.3' - 4' DIAMETER
12" Play Boulder
LC-501
3
Not to Scale
NATIVE BOULDER
W/ ROUNDED EDGES & NO BROKEN
FACES. 3' - 4' DIAMETER TYP.
6" X 6" PT POST, TYP.
30"
2" X 8" PT JOIST, TYP.
2" X 6" PT DECKING, TYP.
6'
60°
48"
2" X 8" PT JOIST, TYP.
4'
2"
TAPER TO BE FLUSH
W/ FINISH GRADE
FINISH GRADE
SEE DETAIL 3/LC-502
WWWEntry Plaza Detail
LC-502
1
1"=10'
Checked By:
Drawn By:
Revisions
Scale:
Date:Sheet Number
Web: http://www.berkshiredesign.com
Email: bdg@berkshiredesign.com
(413) 582-7000
4 Allen Place, Northampton, Massachusetts 01060
FAX (413) 582-7005
Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
SEPTEMBER 25, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
SITE
DETAILS
LC-502
BITUMINOUS CONCRETE WALK
6' STEEL BENCH
TYPICAL
DOG WATER STATION
INSTALLED WITH STONE DRYWELL
DOG WATER STATION
INSTALLED WITH STONE DRYWELL
SINGLE 4' WIDE GATE
(2) - 4' WIDE GATES
2" HDPE WATER SERVICE
PARK SIGN
Park Sign
LC-502
2
Not to Scale
1" FRAME
COLOR: BLACK
VINYL PRESSED LETTERS
SUBMIT DRAWING TO OWNER
FONT: ARIAL, COLOR: WHITE
VINYL SIGN BODY, 1-1/2" THICK
COLOR: FOREST GREEN39"3"33"6'-6"NOTES: 1. ALTERNATE FONT STYLE MAY BE USED SUBJECT TO APPROVAL BY OWNER.
2. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS & COLOR SAMPLES.
Off-Leash Dog Areas - Rules and Regulations
1. All dogs must be legally licensed and have a current rabies vaccination.
2.All dogs must be leashed upon entering and leaving the off-leash dog areas.
3.Dogs in heat or younger than 4 months are not allowed in the park.
4.Dogs must be removed at first sign of aggression to other dogs or humans.
5.The owner or custodian of the dog must remain in the dog area with the dog.
6.Dog feces must be cleaned up by the dog owner or custodian.
7.Holes dug by dogs must be filled by the dog owner or custodian.
8.No pronged training collars or choke chains allowed.
9.No glass containers or food of any kind are permitted in the park.
10.Dog handlers must be at least 16 years of age or older.
11. Children under the age of 10 years old are not permitted in fenced area
for safety reasons.
12. The dog park is closed when Park's Department Personnel are conducting
maintenance. The park must be vacated during park maintenance.
13.The park is open from dawn to dusk.
14.Violators are subject to removal and/or exclusion from the dog park.
15.Owners or custodians are responsible for all actions of their dogs.
16.Owners/Custodians and their dogs enter upon their own risk.
This park is made available in accordance with laws governing recreational
use (M.G.L. Chapter 21 Section 17c.
The Town of Brewster does not assume responsibility for injuries or
damage to personal property.
BREWSTER POLICE DEPARTMENT
(TEL)
BREWSTER DPW
(TEL)
BREWSTER
DOG PARK RULES
FOR REVIEW AND APPROVAL
STEEL POST, 3" DIA. SCH40
FINISH WITH 1 COAT PRIMER
AND TWO COATS MATTE BLACK
EPOXY PAINT
OF FINAL TEXT AND COLORS
3. OWNER SHALL APPROVE FINAL VERSION OF TEXT.
SEE DETAIL 2/LC-502
1" BALL VALVE
2''-3'' CRUSHED STONE,
COMPACT IN 12'' LIFTS
3'-0'' MIN.FINISHED GRADE
48''
12'' MIN. OVERLAP
SOIL SEPARATOR FABRIC
UNDISTURBED OR
COMPACTED SUBGRADE4''MIN.WITH HOLES DOWN. CONNECT
6" PERFORATED PVC PIPE LAID FLAT
TO DRAIN OUTLET PIPE.
Subsurface Stone Drywell
LC-502
3
Not to Scale
LITTER & RECYCLING
STATION
DOG WASTE STATION
DOG WASTE STATION
PROVIDE OPENING IN SURFACING
FOR PROPOSED TREE PLANTING
ES
p
3"
W
W
W
W
W
W
W
W
W
WWWW W
W
W
W
W
W
W
W WWW1) SYSTEM IS DESIGNED FOR UP TO 51 GPM AT 70 PSI AT THE BASE OF THE SPRINKLER.
PRESSURE REQUIRED IS 90 PSI MINIMUM AT THE INLET TO THE BACKFLOW.
WATER SUPPLY: 2" @ 90 PSI, BY OTHERS
BACKFLOW: 2" RPZD W/ DRAIN AT SPILLWAY TO FLOOR OR SINK DRAIN ON COPPER, BY OTHERS
POWER: 115 VAC GFCI DEDICATED OUTLET, BY OTHERS
SLEEVES: ALL 4" CL 200 PVC, BY OTHERS
ENCLOSURE: STRONGBOX SBBC-60LHP ON CONCRETE PAD W/ CONDUIT.
BOOSTER PUMP: MUNRO LP200B IN ENCLOSURE ON CONCRETE PAD
2) FOLLOW ALL MANUFACTURER'S INSTALLATION INSTRUCTIONS.
3) DESIGN IS DIAGRAMMATIC. INSTALLER SHALL FIELD LOCATE ALL ITEMS WITHOUT COMPROMISING THE INTEGRITY OF THIS DESIGN.
ANY CHANGES TO THE NUMBER OF HEADS OR VALVES, OR TO THE HYDRAULICS SHALL BE SUBMITTED TO THE ARCHITECT PRIOR TO
THE COMMENCEMENT OF WORK. PIPE ROUTING, HEAD AND VALVE PLACEMENT SHALL BE THE RESPONSIBILITY OF THE INSTALLER,
USING THIS DESIGN AS A GUIDE.
4) AVERAGE RUN TIMES PER ZONE TO ACHIEVE 1" OF WATER PER WEEK IS AS FOLLOWS:
ROTARY: 12 MINUTES PER DAY (MIN/DAY).
END USER SHALL PROPERLY ADJUST RUN TIMES FOR CHANGING FIELD AND SEASONAL CONDITIONS.
12 ZONES x 12 MIN = 144 MIN OR 2 HOURS, 24 MIN PER CYCLE
5) IRRIGATION INSTALLER IS RESPONSIBLE FOR, BUT NOT LIMITED TO THE COMPLETE INSTALLATION OF THIS IRRIGATION SYSTEM.
FOLLOW ALL APPLICABLE CODES AND LAWS. CONTACT A UTILITY MARKING COMPANY PRIOR TO THE COMMENCEMENT OF WORK.
IRRIGATION WORK TO INCLUDE ATTACHING TO THE WATER SUPPLY, VERIFYING THE PRESSURE,CONTROLLER INSTALLATION, RAIN
SENSOR INSTALLATION, VALVES, SPRINKLERS, PIPE & WIRE, AND RELATED ITEMS.
NOTES FOR IRRIGATION
20'
Quantity
200'
960'
1
LEGEND FOR IRRIGATION
BACKFLOW: 2" RPZD W/ DRAIN ON 2" COPPER PIPE
1
RAIN SENSOR: HUNTER RAINCLIK
CONTROLLER: HUNTER PC-400 W/ PCM-300 MODULES
1
R
A
OUT
BLOW
PVC SLEEVES: CLASS 200 4" SW PVC PIPE
Irrigation Pipe Table
Symbol Pipe
PVC MAIN: SCHEDULE 40 2 1/2" SW PVC PIPE W/ WIRE
PVC LATERALS: SCHEDULE 40 2 1/2" SW PVC PIPE
Irrigation Equipment Table
Quantity Symbol Equipment
12 ZONE VALVE: HUNTER ICV-151G 1 1/2" W/ GATE VALVE
POINT OF CONNECTION: 2" @ 90 PSI. INSTALL SHUT OFF W/ DRAIN.1
BLOW OUT: 1" BALL VALVE ON BRASS EL
ISOLATION VALVES: BRASS GATE VALVE, LINE SIZED
Irrigation Heads Table
Quantity Symbol Sprinkler Heads
12 ROTARY SPRINKLER: HUNTER I-80-04-SS-TC-53
WIRE: #18/12 UF MULTI-STRAND & #14/1 UF WHITE COMMON1500', 1500'
* PIPE & WIRE QUANTITIES ARE ROUNDED TO THE NEAREST ROLL OR LENGTH.
1, 4
1
1 MUNRO LP200B 2 HP, 230 V, 1 PH, RELAY START IN ENCLOSURE
1 PUMP
BOOSTER STRONGBOX SBBC-60 ALHP ON CONCRETE PAD W/ ACCESS CONDUIT
R
A
OUTBLO
W
PUM
PBOO
S
T
E
R
(No Symbol)
2 QUICK COUPLER VALVE: HUNTER HQ-44LRC W/ HK44 KEY
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5
ZONE 6
ZONE 7
ZONE 8
ZONE 9
ZONE 10
ZONE 11
ZONE 12
STANDARD VALVE BOX
W/ EXTENSION
(not to scale)
SHUT OFF
GATE VALVE
(SIDE ELEVATION - NOT TO SCALE)
1" INLET SPRINKLER VALVE SET-UP
(ISOMETRIC VIEW - NOT TO SCALE)
SWING JOINT W/
MAIN LINE
QUICK COUPLER VALVE
VALVE BOX
TURF @ GRADE
SERVICE TEE
PEA GRAVEL
STABILIZER ELBOW
TOE END NIPPLES
DETAILS FOR IRRIGATION
(not to scale)
QUICK COUPLER
BACKFLOW & BOOSTER PUMP ASSEMBLY
(not to scale)
2" COPPER UNIONS
BACKFLOW PREVENTER: 19" LONG, 9" TALL
CURB STOP SHUT OFF
W/ DRAIN IN ACCESS BOX
TAPPING SLEEVE
STREET MAIN
COPPER PIPE
METER PIT, IF NECESSARY
2" COPPER PIPE
CHANGE TO PVC MAIN LINE
GATE VALVE IN
VALVE BOX
PUMP OUTLETPUMP INLET
2" CONDUIT
STRONG BOX ENCLOSURE
MUNRO PUMP STATION:
34" L x 25" H x 19" D
CONCRETE PAD
120"+-
29.5"
60"
16.25" DEEP
PAD TO BE POURED CONCRETE 6" DEEP.
PAD WITH PUMP TO BE 132" x 30"
WITHOUT PUMP TO BE 72" x 30"
DRAINLINE
2" COPPER
2" BALL VALVE
PVC TO COPPER
BLOW OUT
PLACE A POST IN CONCRETE
IN ENCLOSURE FOR CONTROLLER
ACCESS CONDUIT AS NEEDED
(not to scale)
Checked By:
Drawn By:
Revisions
Scale:
Date:Sheet Number
Web: http://www.berkshiredesign.com
Email: bdg@berkshiredesign.com
(413) 582-7000
4 Allen Place, Northampton, Massachusetts 01060
FAX (413) 582-7005
Landscape Architecture
Civil Engineering
Planning
Berkshire
Group, Inc.
Design
The
Land Surveying
BREWSTER DOG
PARK
BREWSTER, MA
SEPTEMBER 25, 2019
AS NOTED
WDS/JDS
JDS
CONSTRUCTION
DOCUMENTS
IRRIGATION PLAN
LC-600
0'30'15'60'90'
SCALE 1"=30'-0" (if printed full size @ 24" x 36")
– History of the Besse Cartway loan
$1,595,000 Approved (Article 29, Spring TM 2018)
- 424,210 Principal payment Approved Spring TM 2019
- 400,000 Principal payment Approved Fall TM 2019
- 75,000 Principal payment BCT grant
$695,690 Principal balance
+ 5,204 BAN Interest due April 2, 2021 (L. Vitale)
$700,894 Balance as of 9/1/2020
-$405,204 Principal/Interest payment approved on September 12, 2020 TM
$295,690 Remaining balance
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Faythe Ellis, Community Preservation Committee
FROM: Donna J. Kalinick, Assistant Town Administrator & Jill Scalise, Housing
Coordinator
CC:Ralph Marotti-Chair Brewster Housing Partnership
RE: Update on Local Preference/Fair Housing Educational Forum
DATE: January 4, 2021
The Brewster Housing Partnership, in conjunction with Mass Housing Partnership
(MHP), will be hosting a virtual educational forum on Local Preference and Fair Housing
on March 25th at 6pm. The Housing Partnership will be joined by the Affordable Housing
Trust, the Select Board and the Community Preservation Committee. Jill Scalise,
Housing Coordinator and I have had several meetings with Shelly Goerhing and Katie
Lacy from MHP to design the educational forum. We are all very excited to be bringing
this important educational forum to Brewster and hope that it will be the basis for
future policy discussions. There will be ample time for questions from the multiple
boards after the presentations.
The Housing Partnership has been a key partner in providing housing education. The
Forum will be taped and available for the public to review. Brewster’s Housing
Production Plan, Implementation Strategy #16, calls for the Town to: Recognize the
local government’s responsibility for fair and affordable housing in Brewster, and lead
by example: reduce the potential for disparate impact on protected classes.
Additionally, this initiative is in line with the Select Board goal, CC2; Develop plan to
identify/address issues of diversity and inclusion as well as the mission of the Affordable
Trust; The Brewster Affordable Housing Trust (“BAHT”) seeks to expand and preserve
year-round rental and ownership homes that are affordable to moderate, low, and very
low income households. Our efforts will foster a welcoming environment for
demographically and socio-economically diverse populations. The BAHT is committed to
education, collaboration, and community engagement.
Please hold March 25th at 6pm on your calendar. Thank you. Donna & Jill
Office of:
Select Board
Town Administrator
Community Preservation Committee
Minutes of December 23, 2020 Page 1 of 4
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
COMMUNITY PRESERVATION COMMITTEE
Virtual Meeting
Wednesday, December 23, 2020 at 4:00 p.m.
MEETING MINUTES OF DECEMBER 23, 2020
Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sharon Marotti,
Clerk Elizabeth Taylor (4:15), Roland Bassett, Peggy Jablonski, Bruce Evans, Paul Ruchinskas; Diane
Pansire
Absent: Barbara Burgo
Also Present: Cynthia Bingham, Select Board; Donna Kalinick, Assistant Town Administrator; Tom
Lincoln, Brewster Dog Park Committee
Chair Faythe Ellis called the meeting to order at 4:00 pm
This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and
imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the
proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public
can submit comments either before or during the meeting. To submit public comment or questions to the Community Preservation Committee, please email:
cpcmeeting@brewster-ma.gov. To view the:
Live broadcast: Tune to Brewster Government TV Channel 18
Livestream: Go to www.livestream.brewster-ma.gov
Audio/video recording: Go to www.tv.brewster-ma.gov
1.Discussion and possible votes on completeness, timeliness and CPA eligibility for the following
applications:
a.Housing Coordinator
b.Brewster Rental Assistance Program
c.Veterans Home in Dennis
d.Red Top Road Community Housing
e.Stony Brook Mill Retaining Wall Reconstruction
Motion to approve the Housing Coordinator Application to be complete, timely, and CPA eligible
and ready to be referred to the Housing Partnership for review and comment.
MOVED by Diane Pansire. Seconded by Sharon Marotti.
Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Paul Ruchinskas– yes, Diane Pansire –
yes, Peggy Jablonski - yes, Chair Ellis - yes
VOTE 6-yes 0-no
Roland Bassett did not vote due to technical issues.
Approved:
VOTE:
Community Preservation Committee
Minutes of December 23, 2020 Page 2 of 4
Motion to approve the Brewster Rental Assistance Program Application to be complete, timely,
and CPA eligible and ready for referral to the Housing Partnership.
MOVED by Diane Pansire. Seconded by Sharon Marotti.
Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Diane Pansire – yes, Peggy Jablonski -
yes, Chair Ellis - yes
VOTE 5-yes 0-no
Paul Ruchinskas recused himself on this item as he is on the HAC Board.
Roland Bassett did not vote due to technical issues.
Motion to approve the Veteran’s Home in Dennis Application to be complete, timely, and CPA
eligible and ready to be referred to the Housing Partnership.
MOVED by Diane Pansire. Seconded by Sharon Marotti.
Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Paul Ruchinskas– yes, Diane Pansire –
yes, Peggy Jablonski - yes, Chair Ellis - yes
VOTE 6-yes 0-no
Roland Bassett did not vote due to technical issues.
Motion to approve the Red Top Road Community Housing Application to be complete, timely,
and CPA eligible and ready to be referred to the Housing Partnership.
MOVED by Diane Pansire. Seconded by Sharon Marotti.
Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Paul Ruchinskas– yes, Diane Pansire –
yes, Peggy Jablonski - yes, Chair Ellis - yes
VOTE 6-yes 0-no
Roland Bassett did not vote due to technical issues.
Motion to approve Stony Brook Mill Retaining Wall Reconstruction Application to be complete,
timely, and CPA eligible and ready for referral to the Historical Commission.
MOVED by Diane Pansire. Seconded by Sharon Marotti.
Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Paul Ruchinskas– yes, Diane Pansire –
yes, Peggy Jablonski - yes, Chair Ellis - yes
VOTE 6-yes 0-no
Roland Bassett did not vote due to technical issues.
2.Discussion and possible votes on the completeness of the Dog Park Application and on securing
legal opinion on the application
Faythe has been communicating with Peter Lombardi as to the application as he has been working on it
to get it completed. At this time, she believes the application should get to the CPC sometime next
week.
Tom Lincoln responded that Peter Lombardi has been working on it, and in terms of the legal opinion,
that part is already completed as they had applied previously and were found to be eligible for CPA
Funds. Faythe said that what we do in those cases, once we have the application, we forward that and
the prior legal opinion for confirmation that the prior opinion still stands. She is anticipating that with
Peter Lombardi’s involvement in the application, it likely will be ready to forward to legal to get that
confirmation once received, and CPC can talk about completeness at our next meeting. She asked if the
CPC was comfortable with that – Sharon was in agreement; Bruce said typically, these applications are
mostly complete, so he saw no problems; Peggy asked that there be, in the complete application, an
understanding to the history and why/where the funding went before. Faythe said we can ask for
Community Preservation Committee
Minutes of December 23, 2020 Page 3 of 4
more information if we need it. Paul felt it was ok, we have to vote on the completeness anyway, so if
anything is missing, we will notice before the vote. Once Faythe has the application, she can get it to
the committee in advance of the next meeting. With the pandemic and the way meeting schedules are
going, it makes it even more difficult to get all the pieces together. She will wait for the application,
proceed with the legal piece, and at our next meeting, the committee will regroup as to whether we are
ready to vote on completeness.
3.Approval of Minutes from 12/9/20
Motion to approve the Minutes of December 9, 2020 as written.
MOVED by Peggy Jablonski. Seconded by Sharon Marotti.
Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett –
yes, Paul Ruchinskas– yes, Diane Pansire – yes, Peggy Jablonski - yes, Chair Ellis - yes
VOTE 8-yes 0-no
4.Virtual Habitat Dedication of the final Paul Hush Way homes
Faythe wanted to make everyone aware that they are all invited to the virtual Habitat Dedication of the
final Paul Hush Way homes. Paul said in other agencies he’s a part of, typically, it is always the funders
talking, but the ones at Habitat are not that way and are completely uplifting and special. They are really
terrific events and he encourages anyone who can to attend.
5.January meeting schedule and warrant article planning
Faythe wanted to discuss the meeting schedule.
-Jan 14th 4pm CPC; following that at 7pm is the Housing Partnership Meeting. Faythe will attend
that meeting to go through everything with them to understand the timeline.
-Jan 28th 7pm is the Recreation Meeting - we will see if we are ready to refer the Dog Park
Application at that time.
-Jan 29th 1pm CPC
-Feb 8th Historical Commission Meeting where Stoney Brook Retaining Wall will be on the agenda.
Faythe will be there as well.
-Not sure of CPC meeting schedule for February yet.
-Feb 17th Warrant Articles are due. Peter Lombardi understands how our warrant article comes
together.
-March 29th is the hard stop as Select Board and Finance Committee recommendations are due.
Faythe would like our Article to be complete before the end of February. Otherwise, it complicates the
meetings between the Finance Committee and Select Board.
6.Project updates - none
Faythe said the first meeting in January would be a good meeting to talk about updates.
7.Announcements - none
Community Preservation Committee
Minutes of December 23, 2020 Page 4 of 4
8.Items the Chair could not anticipate – none
Wishing everyone a Happy Holiday!!
9.Next virtual meeting: 1/14/21 at 4PM
MOTION made by Peggy Jablonski to adjourn the meeting at 4:23pm.
Elizabeth Taylor second.
Roll Call Vote: Bruce Evans – yes, Elizabeth Taylor – yes, Paul Ruchinskas – yes, Roland Bassett
– yes, Peggy Jablonski – yes, Sharon Marotti – yes, Diane Pansire – yes, Chair Ellis - yes
VOTE 8-yes 0-no
Respectfully submitted, Beth Devine, Recording Secretary
Packet of additional documents available on website for public review.