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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. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster-ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1.Phone: Call (929) 436-2866 or (301) 715-8592. To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/88978846327?pwd=bVJMSDJZMWpyRGZleUwyUmpLV2FLQT09 Passcode: 384875 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. 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 3 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 $ 4 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. 5 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? 6 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)? 7 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? 8 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. 9 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. 10 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. 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"96'-4"10'10'2' 11'-5" 7'- 6 "22'1 8 '9'22' 22'R38'R 3 1 1 'R10'R5'R5'R 3 7 3 ' - 1 0 " R37 2 ' R10'10'40'-0" R44'4'R47'R100'R17' R 7 6 ' 26' - 3 "256'-6"12 3 ' - 3 "6'10'12'R43' R33'27'32'17'16' - 4 "32'R60'Revisions 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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: Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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: Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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, Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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; Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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, Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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). Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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: Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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: Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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, Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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: Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts 00700 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. Brewster Dog Park Brewster, Massachusetts 00700 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 Brewster Dog Park Brewster, Massachusetts00800-1 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.” Brewster Dog Park Brewster, Massachusetts00800-2 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. Brewster Dog Park Brewster, Massachusetts00800-3 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: Brewster Dog Park Brewster, Massachusetts00800-4 “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: Brewster Dog Park Brewster, Massachusetts00800-5 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. Brewster Dog Park 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. Brewster Dog Park 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. Brewster Dog Park 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 Brewster Dog Park 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. Brewster Dog Park Brewster, Massachusetts 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. Brewster Dog Park 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 Brewster Dog Park 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. Brewster Dog Park Brewster, Massachusetts 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 Brewster Dog Park Brewster, Massachusetts 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. Brewster Dog Park 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 Brewster Dog Park 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. Brewster Dog Park 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 Brewster Dog Park Brewster, Massachusetts 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 Brewster Dog Park Brewster, Massachusetts 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. Brewster Dog Park Brewster, Massachusetts Excavating, Filling & Grading/Section 02200 -6 of 11 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 Brewster Dog Park Brewster, Massachusetts 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 Brewster Dog Park Brewster, Massachusetts 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 Brewster Dog Park Brewster, Massachusetts 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. Brewster Dog Park Brewster, Massachusetts 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 Brewster Dog Park Brewster, Massachusetts Excavating, Filling & Grading/Section 02200 -11 of 11 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: Brewster Dog Park Brewster Massachusetts 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. Brewster Dog Park Brewster Massachusetts 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. Brewster Dog Park Brewster Massachusetts 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. Brewster Dog Park Brewster Massachusetts 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 Brewster Dog Park Brewster Massachusetts 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. Brewster Dog Park Brewster Massachusetts 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 Brewster Dog Park Brewster Massachusetts 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 Brewster Dog Park Brewster Massachusetts 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. Brewster Dog Park Brewster Massachusetts 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). Brewster Dog Park Brewster Massachusetts Planting/Section 02800 - 10 of 11 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 Brewster Dog Park Brewster Massachusetts Planting/Section 02800 - 11 of 11 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. Brewster Dog Park Brewster, Massachusetts Seeding/Section 02850 - 1 of 7 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 Brewster Dog Park Brewster, Massachusetts Seeding/Section 02850 - 2 of 7 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. Brewster Dog Park Brewster, Massachusetts 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. Brewster Dog Park Brewster, Massachusetts Seeding/Section 02850 - 4 of 7 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. Brewster Dog Park Brewster, Massachusetts Seeding/Section 02850 - 5 of 7 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. Brewster Dog Park Brewster, Massachusetts 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 Brewster Dog Park Brewster, Massachusetts Seeding/Section 02850 - 7 of 7 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 Brewster Dog Park Brewster, Massachusetts 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 Brewster Dog Park Brewster, Massachusetts 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. Brewster Dog Park Brewster, Massachusetts Site Improvements/Section 02950 - 3 of 4 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 Brewster Dog Park Brewster, Massachusetts Site Improvements/Section 02950 - 4 of 4 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. Brewster Dog Park Brewster, Massachusetts 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 Brewster Dog Park Brewster, Massachusetts Cast-in-Place Concrete/Section 02980 - 2 of 9 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. Brewster Dog Park Brewster, Massachusetts Cast-in-Place Concrete/Section 02980 - 3 of 9 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. Brewster Dog Park Brewster, Massachusetts Cast-in-Place Concrete/Section 02980 - 4 of 9 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. Brewster Dog Park Brewster, Massachusetts Cast-in-Place Concrete/Section 02980 - 5 of 9 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. Brewster Dog Park Brewster, Massachusetts Cast-in-Place Concrete/Section 02980 - 6 of 9 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. Brewster Dog Park Brewster, Massachusetts Cast-in-Place Concrete/Section 02980 - 7 of 9 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 Brewster Dog Park Brewster, Massachusetts Cast-in-Place Concrete/Section 02980 - 8 of 9 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 Brewster Dog Park Brewster, Massachusetts Cast-in-Place Concrete/Section 02980 - 9 of 9 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. Brewster Dog Park Brewster Massachusetts Planting Irrigation/Section 32840 - 1 of 11 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 Brewster Dog Park Brewster Massachusetts Planting Irrigation/Section 32840 - 2 of 11 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. Brewster Dog Park Brewster Massachusetts Planting Irrigation/Section 32840 - 3 of 11 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. Brewster Dog Park Brewster Massachusetts Planting Irrigation/Section 32840 - 4 of 11 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. Brewster Dog Park Brewster Massachusetts Planting Irrigation/Section 32840 - 5 of 11 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. Brewster Dog Park Brewster Massachusetts Planting Irrigation/Section 32840 - 6 of 11 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]. Brewster Dog Park Brewster Massachusetts Planting Irrigation/Section 32840 - 7 of 11 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: Brewster Dog Park Brewster Massachusetts Planting Irrigation/Section 32840 - 8 of 11 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 WW W W W W W W WW W W W W94.00 92.0099 . 0 0 96.00 9 8 . 0 0 9 7 . 0 0 98 . 0 0 97.67+ BC 96.30 TC 96.80 + BC 95.88 BC 95.58 + +97.10 +98.21 + + +97.21 + 97.24 BC 96.06 + + +98.20 +98.14 95.66 +HP 102.50 + +9 8 . 2 0 +9 5 . 2 0 + + 95.75 + 97 . 0 0 95 . 0 0 96. 0 0 98. 0 0 ELi m i t O f D e t a i l S u r v e y 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 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.