city of newton purchasing department - web viewas used in this subsection the word...

CITY OF NEWTON PURCHASING DEPARTMENT

CONTRACT FOR PARKS AND RECREATION DEPARTMENT

PROJECT MANUAL: PELLEGRINI PARK RETAINING WALL

INVITATION FOR BID #18-21

Pre-Bid Meeting: September 14, 2017 at 10:00 a.m.

Bid Opening Date: September 21, 2017 at 10:00 a.m.

SEPTEMBER 2017

Setti D. Warren, Mayor

Project Manual #18-21 – Pelligrini Park Retaining Wall of 93

CITY OF NEWTON

PROJECT MANUAL TABLE OF

CONTENTS PELLEGRINI PARK

RETAINING WALL

Page #

Cover Page 1Table of Contents 2

1. - Invitation for Bid 3-4

2. - Instructions to Bidders 5-8

3. - Bid Form 9-10

4. - Bidder's Qualification Forms

Bidder’s Qualifications and References Form 11-12 Certificate of Non-Collusion 13 Certificate of Foreign Corporation 14 Debarment Letter 15 IRS Form W-9 16

5. - Contract Forms (Informational only. Not required at time of bid submittal)

Contractor Contract 18-19 Certificate of Authority - Corporate 20 Certification of Tax Compliance 21 Payment Bond 22

6. - General Conditions of the Contract 23-31

7. - Wage Rate Requirements 32

Prevailing Wages 33-64 The Mass. Prevailing Wage Law 65 Statement of Compliance 66 Weekly Payroll Report Form 67

8. - Work

Summary of Work 68-69

9. 02 41 00 – Site Preparation and Demolition 70-7331 00 00 – Excavation, Filling and Grading 74-8232 30 00 – Site Improvements 83-8632 90 00 – Planting 87-93

10. - Davis Bacon Wage Schedule - Separate PDF File

11. - Drawings – Separate File 1 page(Call Purchasing Department for availability – 617-796-1220)


END OF SECTION


CITY OF NEWTON

PURCHASING

DEPARTMENT INVITATION

FOR BID #18-21

The City of Newton invites sealed bids in accordance with M.G.L. c.30, §39M from Contractors for:

PELLEGRINI PARK RETAINING WALL

Pre-Bid Meeting: 10:00 a.m., Thursday, September 14, 2017, at 11 Hawthorn Street, Newton Bids will be received until: 10:00 a.m., Thursday, September 21, 2017at the Purchasing Department, Room 201, Newton City Hall, 1000 Commonwealth Avenue, Newton, MA 02459. Bids will not be accepted nor may submitted bids be corrected, modified or withdrawn after the deadline for bids. Immediately following the deadline for bids, all bids received within the time specified will be publicly opened and read aloud. The Pre-Bid Meeting is NOT mandatory.

Contract Documents will be available online at www.newtonma.gov/bids or pick up at the Purchasing Department after 10:00 a.m., September 7, 2017.

Bids must be submitted with one Original and two Copies.

A bid deposit in an amount that is not less than five percent (5%) of the value of the bid, including all add alternates, is required. Bid deposits, payable to the City of Newton, shall be either in the form of a bid bond, or cash, or a certified check on, or a treasurer's or cashier's check issued by a responsible bank or trust company. The City of Newton will award the contract to the lowest eligible and responsible bidder. Please Note: this bid, in accordance with the Chapter 303 Acts of 2008, contains Price Adjustments and new Prevailing Wage requirements. All bidders are required to familiarize themselves with these terms and conditions before submitting a bid. Bidders are reminded that the bid deposit covers the City for damages when a bidder withdraws its bid after the bid submisssion date. Be advised that to the extent permitted by the law the City will retain all bid deposits for withdrawn bids.

All bids are subject to the provisions of M.G.L. c. 30, § 39M. Wages are subject to minimum wage rates determined by the Massachusetts Department of Labor and Industries pursuant to M.G.L. c. 149, § 26 to 27H. The schedule of wage rates applicable to this contract is included in the bidding documents. In addition, the prevailing wage schedule will be updated annually for all public construction projects lasting longer than one (1) year. You will be required to pay the rates set out in any updated prevailing wage schedule. Increases in prevailing wage schedules will not be the basis for change order requests. The successful bidder will be required to provide a Certificate of Insurance demonstrating current coverage of the type and amounts set forth in the Project Manual. The successful bidder will be required to furnish a Labor and Materials Payment Bond in the amount of 50% of the contract total. Wages are paid to drivers for all “on-site” work.

This project is a public facilities or neighborhood improvement project funded wholly or in part with federal funds. It is therefore also subject to the Davis Bacon Act of 1931, 40 U.S.C. §§3141 et seq. (DBA), including DBA’s minimum wage provisions. DBA requirements are in addition to the Commonwealth of Massachusetts Prevailing Wage requirements, M.G.L. C. 149, §§26-27H. As the federal and state rates both apply, the applicable rate for any trade shall be the higher of the two. In the event payments under the contract exceed $100,000, the project shall also be subject to Section 3 of the HUD Act of 1968, 12 U.S.C. §17010; 24C.F.R. 135.

The costs of any bond and any insurance required in this Invitation For Bid are the responsibility of the bidder; such costs will not be reimbursed by City and should be included in your bid.

Work under this contract is for the site preparation for and construction of a precast concrete retaining wall, new and relocated trees, limited plantings and chain link fencing at the Pelligrini Park in Newton, MA,

Anticipated start date is October 2, 2017. Time for completion is sixty (60) calendar days from the Notice To Proceed. The successful bidder must be ready, willing and able to accommodate the City of Newton in the scheduling of this


Once you’ve downloaded this bid from the internet website (www.newtonma.gov/bids), I strongly suggest you email ([email protected] ) your company’s Name, address, EMAIL, phone, fax AND the INVITATION FOR BID NUMBER and Project Title, so that we may add you to the Bidders List and you will be notified of any/all addendums.

The City will reject any and all bids in accordance with the above referenced General Laws. In addition, the City reserves the right to waive minor informalities in any or all bids, or to reject any or all bids (in whole or in part) if it be in the public interest to do so.

In the event that any person wishes to attend a bid opening or pre-bid meeting, accessible and reasonable accommodations will be provided to persons requiring assistance. If you need a reasonable accommodation, please contact the city of Newton’s ADA Coordinator, Jini Fairley, at least two business days in advance of the meeting: [email protected] or (617) 796-1253. For Telecommunications Relay Service, please dial 711.

CITY OF NEWTON

Nicholas ReadChief Procurement OfficerSeptember 7, 2017

INVITATION FOR BID #18-


CITY OF NEWTON

DEPARTMENT OF

PURCHASING INSTRUCTIONS

TO BIDDERS

ARTICLE 1 - BIDDER'S REPRESENTATION

1.1 Each General Bidder (hereinafter called the "Bidder") by making a bid (hereinafter called "bid") represents that:

1. The Bidder has read and understands the Bidding Documents, Contract Forms, General Conditions, Conditions of the Contract, General Requirements and Project Specifications (collectively, referred to as the “Contract Documents”) and the bid is made in accordance therewith.

2. The Bidder has visited the work site and is familiar with the local conditions under which the work has to be performed.

1.2 Failure to so examine the Contract Documents and work site will not relieve any Bidder from any obligation under the bid as submitted.

ARTICLE 2 - REQUEST FOR INTERPRETATION

2.1 Bidders shall promptly notify the City of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions.

2.2 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the Chief Procurement Officer, at [email protected] or via facsimile (617) 796-1227. The City will only answer such requests if received by Friday, September 15, 2017 at 12:00 noon. In the event that the bid opening date is changed, the deadline for informational requests may also change as provided in an addendum issued by the City.

2.3 Interpretation, correction, or change in the Contract Documents will be made by addendum which will become part of the Contract Documents. The City will not be held accountable for any oral communication.

2.4 Addenda will be emailed to every individual or firm on record as having taken a set of Contract Documents. Addenda will be emailed to every individual or firm on record as having taken a set of Contract Documents. Receipt of all addenda issued must be acknowledged in the Bid Form. YOUR FAILURE TO ACKNOWLEDGE ALL ADDENDA MAY RESULT IN YOUR BID BEING REJECTED AS NON-RESPONSIVE.

2.5 Copies of addenda will be made available for inspection at the location listed in the Invitation for Bids where Contract Documents are on file, in addition to being available online at www.newtonma.gov/bids.

2.6 Bidders or proposers contacting ANY CITY EMPLOYEE regarding an Invitation for Bid (IFB) or a Request for Proposal (RFP), outside of the Purchasing Department, once an IFB or RFP has been released, may be disqualified from the procurement process.

2.7 Bidders downloading information off the internet web site are solely responsible for obtaining any addenda prior to the bid opening. If the bidder makes itself known to the Purchasing Department, at [email protected] or via facsimile (617) 796-1227, it shall be placed on the bidder’s list. Bidders must provide the Purchasing Department withtheir company’s name, street address, city, state, zip, phone, fax, email address and .

ARTICLE 3 - MBE PARTICIPATION

3.1 Notice is hereby given that the Mayor’s Affirmative Action Plan for the City of Newton in effect at the time of this solicitation is applicable to all construction contracts in excess of $10,000.00.

3.2 Notice is hereby given that the City of Newton Minority/Women Business Enterprise Plan and the Supplemental Equal Employment Opportunity Anti-Discrimination and Affirmative Action Program in effect at the time of this solicitation are applicable to all City contracts for goods and services in excess of $50,000.00.

3.3 Copies of the Plans and Program referred to in Sections 3.1 and 3.2 are available at: www.newtonma.gov/purchasing.


ARTICLE 4 - PREPARATION AND SUBMISSION OF BIDS

4.1 Bids shall be submitted on the "Bid Form #18-21," attached.

4.2 All entries on the Bid Form shall be made by typewriter or in ink.

4.3 Where so indicated on the Bid Form, sums shall be expressed in both words and figures. Where there is a discrepancy between the bid sum expressed in words and the bid sum expressed in figures, the words shall control.

4.4 The Bid shall be enclosed in a sealed envelope with the following plainly marked on the outside:

* GENERAL BID FOR: #18-21

* TYPE OF PROCUREMENT: Pellegrini Park Retaining Wall

* BIDDER'S NAME, BUSINESS ADDRESS, AND PHONE NUMBER

4.5 Date and time for receipt of bids is set forth in the IFB.

4.6 Timely delivery of a bid at the location designated shall be the full responsibility of the Bidder. In the event that Newton City Hall is closed on the date or at the time that bids are due, the date and time for receipt of bids shall be on the next business day following that the Newton City Hall is open.

4.7 Bids shall be submitted with one original and two copies.

4.8 Be advised that a new Massachusetts law has been enacted that required all employees who work on Massachusetts public works construction sites must have no less than 10 hours of OSHA-approved safety and health training. See M.G.L. C. 30, §39R and M.G.L. C. 149, §44E.

1. This requirement will apply to any general bid or sub bid submitted.2. This law directs the Massachusetts Attorney General to restrain the award of construction contracts to any Vendor who is

in violation to this requirement and to restrain the performance of these contracts by non-complying Vendors.3. The Vendor and all subVendors on this project will be required to provide certification of compliance with this

requirement. Non-compliance with this law will disquality you from bidding on public contracts.

ARTICLE 5 - ALTERNATES

5.1 Each Bidder shall acknowledge alternates (if any) in Section C on the Bid Form.

5.2 In the event an alternate does not involve a change in the amount of the base bid, the Bidder shall so indicated by writing "No Change", or "N/C" or "0" in the space provided for that alternate.

5.3 Bidders shall enter on the Bid Form a single amount for each alternate which shall consist of supplies to be provided by the Vendor.

5.4 The low Bidder will be determined on the basis of the sum of the base bid and the accepted alternates.

ARTICLE 6 - WITHDRAWAL OF BIDS

6.1 Any bid may be withdrawn prior to the time designated for receipt of bids on written or electronic request. Electronic withdrawal of bids must be confirmed over the Bidder's signature by written notice postmarked on or before the date and time set for receipt of bids.

6.2 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids.

6.3 No bids may be withdrawn after the opening of the bids.


ARTICLE 7 - CONTRACT AWARD

7.1 The City will award one (1) contract to the eligible and responsible Bidder offering the lowest Proposed Price on attached Bid Form 18-21. A contract will be awarded as soon as practicable after the opening of bids.

7.2 The City reserves the right to waive minor informalities in or to reject any or all Bids if it be in the public interest to do so.

7.3 The City reserves the right to reject any bidder who has failed to pay any local taxes, fees, assessments, betterments, or any other municipal charge, unless the bidder has a pending abatement application or has entered into a payment agreement with the collector-treasurer.

7.4 As used herein, the term "lowest eligible and responsible Bidder" shall mean the Bidder (1) whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who has met all the requirements of the invitation for bids; (3) who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (4) who, where the provisions of section eight B of chapter twenty-nine apply, shall have been determined to be qualified thereunder.

7.5 Subsequent to the award and within five (5) days, Saturday, Sundays and legal holidays excluded, after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the City a contract in the form included in the Contract Documents in such number of counterparts as the City may require.

7.6 In the event that the City receives low bids in identical amount from two or more responsive and responsible Bidders, the City shall select the successful Bidder by a blind selection process such as flipping a coin or drawing names from a hat. The low Bidders who are under consideration will be invited to attend and observe the selection process.

ARTICLE 8 - TAXES

8.1 The Bidder shall not include in this bid any tax imposed upon the sale or rental of tangible personal property in this Commonwealth, such as any and all building materials, supplies, services and equipment required to complete the work.

8.2 The City is exempt from payment of the Massachusetts Sales Tax, and the Bidder shall not include any sales tax on its bid. The City’s exemption Number is E-046-001-404.

ARTICLE 9 – PROPRIETARY SPECIFICATIONS

9.1 The City has used a proprietary specification to describe the supply listed in the specifications. Such specifications are permitted under M.G.L. c. 30, §39M(b), provided that the City states in writing that use of the proprietary specification is in its best interest and that it will accept an “equal” of the item specified. An item is considered equal if (i) it is at least equal in quality, durability, appearance, strength, and design; (ii) will perform the intended function at least equally; and(iii) conforms substantially, even with deviations, to the detailed requirements contained in the specifications. In the event that the Bidder wishes to substitute an equal item, it may do so either in its bid or proposal or after the contract is awarded but before a contract is executed, it being understood that the award shall be conditioned on the Bidder providing the item originally specified or an equal item accepted by the City and identified in the contract. In no event shall the Bidder be entitled to offer, or the City obliged to consider, the substitution of an item as equal after execution of a contract. In the event the Bidder substitutes or attempts to substitute an “equal” item after that date, it shall be in breach thereof and be liable for actual and consequential damages resulting from its failure to perform as agreed. The City shall have the sole right to determine whether or not said item is equal.

9.2 The required determination and justification have been duly prepared, and a copy may be requested in accordance with the Massachusetts Public Records Law, M.G.L. c. 66, §10.


ARTICLE 10 – ENVIRONMENTALLY PREFERABLE PRODUCTS

10.1 The City encourages environmentally preferable products, i.e., products or services that have less negative or more positive effects on human health and the environment when compared with competing products or services that serve the same purpose. The city encourages bidders to describe, in the space provided on the Bid Form, the environmental attributes of its goods or services throughout the entire life-cycle, including manufacture, use and disposition. This information may include multiple environmental considerations such as natural resource use, recycled content, energy and water efficiency, greenhouse gas emissions, impact on climate change, packaging, hazardous material use, and health and safety impacts on workers, consumers and the community. If you do not currently assess such attributes, please indicate that. However you respond, the City will not take your information into account in evaluating bid proposals.

10.2 Bidders are encouraged also to provide information related to steps they take internally to (a) identify any positive or negative environmental attributes of products or services they offer, as specified above, and (b) insure that those attributes are being addressed as part of operations.

END OF SECTION


CITY OF NEWTON

DEPARTMENT OF

PURCHASING BID FORM #18-21

A. The undersigned proposes to supply and deliver the materials specified below in full accordance with the ContractDocuments and Project Manual supplied by the City of Newton entitled:


for the contract price specified below, subject to additions and deduction according to the terms of the specifications.

B. This bid includes addenda number(s) , , , ,

C. The Contractor submits the following Proposed Price, in ink and in both words and figures:

Dollars and $ Proposed Price

COMPANY NAME:

D. The undersigned has completed and submits herewith the following documents:

Bidder's Qualifications and References Form, 2 pages Certificate of Non-Collusion, 1 page Certificate of Foreign Corporation (if applicable), 1 page Debarment Letter, 1 page IRS Form W-9, 1 page Signed Bid Form, 2 pages A five percent (5%) bid deposit.

E. Prompt Payment Discounts. Bidders are encouraged to offer discounts in exchange for an expedited payment. Payments may be issued earlier than the general goal of within 30 days of receipt of the invoice only when in exchange for discounted prices. Discounts will not be considered in determining the lowest responsible bidder.

Prompt Payment Discount % Days Prompt Payment Discount % Days Prompt Payment Discount % Days

F. The undersigned agrees that, if selected as general contractor, s/he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the City of Newton, execute a contract in accordance with the terms of this bid and furnish a labor and materials payment bond of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the City of Newton in the sum not less than 50% of the contract price, the premiums for which are to be paid by the contractor and are included in the contract price.

The undersigned hereby certifies that s/he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that s/he will comply fully with all laws and regulations applicable to awards made subject to section forty-four A of M.G.L. Chapter 30, s 39M.

The undersigned certifies that he 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

Project Manual #18-21 – Pelligrini Park Retaining Wall Page 10 of 93

Administration (“OSHA”) 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 OSHA that is at least 10 hours in duration. The undersigned understands that any employee found on a worksite subject to this section without documentation of successful completion of 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 shall be subject to immediate removal.

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

The undersigned further certifies under the penalties of perjury that they have familiarized themselves with the changes to the Prevailing Wage Rates, Price Adjustment Clauses, in accordance to Chapter 303 Acts of 2008.

G. Environmentally preferable products information (which is requested but which will not be considered in awarding a contract):

Description of environmental attributes of Bidder’s goods or services:

Steps taken to (a) identify any positive or negative environmental attributes of products or services and (b) insure that those attributes are being addressed as part of operations:

Date (Name of General Bidder)

BY:

(Printed Name and Title of Signatory)

(Business Address)

(City, State Zip)

/ (Telephone) (FAX)

(E-mail address)

NOTE: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and residential addresses of all partners; if an individual, give residential address if different from business address; and, if operating as a d/b/a give full legal identity. Attach additional pages as necessary.

END OF SECTION


CITY OF NEWTON

BIDDER'S QUALIFICATIONS AND REFERENCES FORM

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the City of Newton for purposes of determining bidder responsiveness and responsibility with regard to the requirements and specifications of the Contract.

1. FIRM NAME:

2. WHEN ORGANIZED:

3 INCORPORATED? YES NO DATE AND STATE OF INCORPORATION:

4. IS YOUR BUSINESS A MBE? YES NO WBE? YES NO or MWBE? YES NO

* 5. LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND ANTICIPATED DATE OFCOMPLETION:

* 6. HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO YOU? YES NO IF YES, WHERE AND WHY?

* 7. HAVE YOU EVER DEFAULTED ON A CONTRACT?

IF YES, PROVIDE DETAILS.

YES NO

* 8. LIST YOUR VEHICLES/EQUIPMENT AVAILABLE FOR THIS CONTRACT:

* 9. IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING CONTRACTS COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A MINIMUM OF FOUR (4) CONTRACTS SHALL BE LISTED. PUBLICLY BID CONTRACTS ARE PREFERRED, BUT NOT MANDATORY.

PROJECT NAME:


OWNER: CITY/STATE:


DOLLAR AMOUNT: $ PUBLICLY BID? YES NO

DATE COMPLETED:

TYPE OF WORK?: CONTACT PERSON: TELEPHONE #: ) CONTACT PERSON'S RELATION TO PROJECT?:

(i.e., contract manager, purchasing agent, etc.)

PROJECT NAME:OWNER:CITY/STATE:DOLLAR AMOUNT: $ DATE COMPLETED:PUBLICLY BID? YES NOTYPE OF WORK?:CONTACT PERSON: TELEPHONE #: ( )CONTACT PERSON'S RELATION TO PROJECT?:


PROJECT NAME:OWNER:CITY/STATE:DOLLAR AMOUNT: $ DATE COMPLETED:PUBLICLY BID? YES NOTYPE OF WORK?:CONTACT PERSON: TELEPHONE #: ( )CONTACT PERSON'S RELATION TO PROJECT?:


PROJECT NAME:OWNER:CITY/STATE:DOLLAR AMOUNT: $ DATE COMPLETED:PUBLICLY BID? YES NOTYPE OF WORK?:CONTACT PERSON: TELEPHONE #:( )CONTACT PERSON'S RELATION TO PROJECT?:


10. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Newton in verification of the recitals comprising this statement of Bidder's qualifications and experience.

DATE: BIDDER:

SIGNATURE:

PRINTED NAME: TITLE:

END OF SECTION


CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee club, or other organization, entity, or group or individuals.

(Signature of individual)

Name of Business


CERTIFICATE OF FOREIGN CORPORATION

The undersigned hereby certifies that it has been duly established, organized, or chartered as a corporation under the laws of:

(Jurisdiction)

The undersigned further certifies that it has complied with the requirements of M.G.L. c. 30, §39L (if applicable) and with

the requirements of M.G.L. c. 156D, §15.03 relative to the registration and operation of foreign corporations within the

Commonwealth of Massachusetts.

Name of person signing proposal

Signature of person signing proposal

Name of Business (Please Print or Type)

Affix Corporate Seal here


City of Newton

MayorSetti D. Warren

Purchasing DepartmentNicholas Read Chief Procurement Officer

1000 Commonwealth Avenue Newton Centre, MA 02459-1449

[email protected]

Telephone (617) 796-1220

Fax: (617) 796-1227

TDD/TTY (617) 796-1089

Date

Vendor

Re: Debarment Letter for Invitation For Bid #18-21

As a potential vendor on the above contract, the City requires that you provide a debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form.

Debarment:Federal Executive Order (E.O.) 12549 “Debarment and Suspension“ requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government.

I hereby certify under pains and penalties of perjury that neither I nor any principal(s) of the Company identified below is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

(Name) (Company)_ (Address)

(Address)PHONE FAX

EMAIL

Signature

Date

.If you have questions, please contact Nicholas Read, Chief Procurement Officer at (617) 796-1220.


X

Name


CONTRACT FORMS

The awarded bidder will be required to complete and submit documents substantially similar in form to the following.

These forms may need to be modified on account of changed circumstances, and are provided for informational purposes only.


CITY - CONTRACTOR AGREEMENT

CONTRACT NO. C -

THIS AGREEMENT made this day of in the year Two Thousand and Seventeen by and between the CITY OF NEWTON, a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, hereinafter referred to as the CITY, acting through its Chief Procurement Officer, but without personal liability to him, and hereinafter referred to as the CONTRACTOR.

The parties hereto for the considerations hereinafter set forth agree as follows:

ARTICLE 1. STATEMENT OF WORK. The Contractor shall furnish all labor, materials, and equipment and perform all work required in strict accordance with the Contract Documents for the following project:


ARTICLE 2. TIME OF COMPLETION. The Contractor shall commence work under this Contract on the date specified in the written notice of the City to proceed and shall fully complete all work hereunder within the time specified in the Summary of Work and Specific Work Requirements of the Project Manual. Time is of the essence with regard to this contract, Sixty (60) calendar days. Failure to complete within the time specified shall be subject to the assessment of liquidated damages in accordance with the provisions contained in the Project Manual.

ARTICLE 3. THE CONTRACT PRICE. The City shall pay the Contractor for the full and satisfactory performance of the Contract, in current funds a sum not to exceed:

ARTICLE 4. CONTRACT DOCUMENTS. The Contract Documents consist of the following documents which are either attached to this Agreement or are incorporated herein by reference:

a. This CITY-CONTRACTOR Agreement;

b. The City's Invitation For Bid #18-21 issued by the Purchasing Department;

c. The Project Manual for: PELLEGRINI PARK RETAINING WALL including the Instructions to Bidders; General Conditions; Special Conditions; MWBE/AA Requirements, Wage Rate Requirements and Wage Rate Schedule(s) including any updated prevailing wage rate schedules if applicable; The Supplementary Special Conditions; General Requirements and Project Specifications; and Drawings, if included or referenced therein;

d. Addenda Number(s) ;

e. The Bid Response of the CONTRACTOR submitted for this Project and accompanying documents and certifications;

f. Certificate(s) of Insurance and surety bond(s) submitted by the CONTRACTOR in connection with this Project;

g. Duly authorized and executed Amendments, Change Orders or Work Orders issued by the CITY after execution of this CITY-CONTRACTOR Agreement.

This CITY-CONTRACTOR Agreement, together with the other documents enumerated in this Article, constitute the entire Agreement between the CITY and the CONTRACTOR. The CONTRACTOR represents that its bid was made without condition, qualification or reservation of any kind, except upon the written acknowledgement and consent of the CITY.


ARTICLE 5. ALTERNATES. The following Alternates have been accepted and their costs are included in the Contract Price stated in Article 3 of this Agreement:

Alternates: N/A

ARTICLE 6. APPLICABLE STATUTES. All applicable federal, state and local laws and regulations are incorporated herein by reference and the Contractor agrees to comply with same.

IN WITNESS WHEREOF, the parties have caused this instrument to be executed under seal the day and year first above written.

CONTRACTOR CITY OF NEWTON

By By Chief Procurement Officer

Print Name

Title Date

Date

Affix Corporate Seal Here

By Commissioner of Parks & Recreation

Date

Certified that City funds are available in the following account number:13D6027-52409 -

I further certify that the Mayor, or his

Approved as to Legal Form and Character

By Associate City Solicitor

designee, is authorized to execute contracts Date and approve change orders.

By

Comptroller of Accounts

CONTRACT & BONDS ARE APPROVED

By Date Mayor or his designee

Date


CERTIFICATE OF AUTHORITY - CORPORATE

1. I hereby certify that I am the Clerk/Secretary of (insert full name of Corporation)

2. corporation, and that (insert the name of officer who signed the contract and bonds .)

3. is the duly elected (insert the title of the officer in line 2)

4. of said corporation, and that on (insert a date that is ON OR BEFORE the date the officer signed the contract and bonds .)

at a duly authorized meeting of the Board of Directors of said corporation, at which all the directors were present or waived notice, it was voted that

5. the (insert name from line 2) (insert title from line 3)

of this corporation be and hereby is authorized to execute contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this corporation’s name and on its behalf, with or without the Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below.

6. ATTEST: AFFIX CORPORATE(Signature of Clerk or Secretary)* SEAL HERE

7. Name: (Please print or type name in line 6)*

8. Date: (insert a date that is ON OR AFTER the date the officer signed the contract and bonds .)

* The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary of the corporation.

CERTIFICATION OF TAX COMPLIANCE

Pursuant to M.G.L. c.62C, §49A and requirements of the City, the undersigned acting on behalf of the Contractor certifies under the penalties of perjury that the Contractor is in compliance with all laws of the Commonwealth relating to taxes including payment of all local taxes, fees, assessments, betterments and any other local or municipal charges (unless the Contractor has a pending abatement application or has entered into a payment agreement with the entity to which such charges were owed), reporting of employees and contractors, and withholding and remitting child support.*

**Signature of Individual (Mandatory) *** Contractor's Social Security Number (Voluntary) or Federal Identification Number

Print Name: Date:

OR

Company Name(Corporation, Partnership, LLC, etc.)

By: **Corporate Officer (Mandatory)

Print Name:

Date:

* The provision in this Certification relating to child support applies only when the Contractor is an individual.

** Approval of a contract or other agreement will not be granted until the City receives a signed copy of this Certification.

*** Your social security number may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended .


CITY OF NEWTON, MASSACHUSETTS

PAYMENT BOND

Know All Men By These Presents:

That we, , as PRINCIPAL, and , as

SURETY, are held and firmly bound unto the City of Newton as Obligee, in the sum of dollars

($ ) to be paid to the Obligee, for which payments well and truly to be made, we bind ourselves, our

respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the said PRINCIPAL has made a contract with the Obligee, bearing the date of , 2017 for the

construction of in Newton, Massachusetts.

(Project Title)

Now, the conditions of this obligation are such that if the PRINCIPAL and all Sub-contractors under said contract shall

pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized

modifications, alterations, extensions of time, changes or additions to said contract that may hereafter be made, notice to the

SURETY of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to

include any other purposes or items set out in, and to be subject to, provisions of M.G.L. c. 30, sec. 39A, and M.G.L. c. 149 sec.

29, as amended, then this obligation shall become null and void; otherwise it shall remain in full force, virtue and effect.

In Witness Whereof, the PRINCIPAL and SURETY have hereto set their hands and seals this day of , 2017.

PRINCIPAL SURETY

BY BY

(SEAL) (ATTORNEY-IN-FACT) (SEAL)

(Title)

ATTEST: ATTEST:


CITY OF NEWTON

GENERAL CONDITIONS OF THE CONTRACT

FOR PUBLIC WORKS CONSTRUCTION

ARTICLE 1

Definitions

The word "Commissioner" shall mean the official duly authorized to act for the City of Newton in the execution of the work of this contract, acting directly or through properly authorized agents.

The word "Engineer," or "City Engineer," shall mean the City Engineer of the City of Newton, acting directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

The word "Contractor" shall mean the party or parties contracting to perform the work covered by this contract or his, or their, legal representatives, successors or assigns.

The word "Plans" shall mean plans, and all related drawings, diagrams, profiles and specifications referred to and included in the Project Manual for this contract.

The word "City" shall mean the City of Newton.

The word “Project” shall mean the services which are the subject of the Contract Documents.

The words “Subcontract” and Subcontractor” shall refer to project contracts between the Contractor and a subcontractor, and the subcontractor thereunder.

The term “Substantial Completion” shall mean either that the work required by the contract has been completed except for the work having a contract price of less than one per cent of the then adjusted contract price, or substantially all of the work has been completed and opened to public use except for minor incomplete or unsatisfactory work items that do not materially impair the usefulness of the work required by the contract.

ARTICLE 2Plans, Drawings, Profiles

1.The work shall be done in accordance with Plans referred to in Article 1 and such further working and detail plans, drawings and profiles as may be furnished from time to time by the Engineer. All said plans, general and detail, are to be deemed a part of this contract, and the said Plans, specifications and contract are to be considered together, so that any work mentioned in the contract, though not shown on the Plans, and any work shown on the Plans though not mentioned in the contract, is to be provided by the Contractor as a part of this contract. Figured dimensions are to prevail over scale. All things which in the opinion of the Engineer may fairly be inferred from the contract, Plans and specifications, are to be executed by the Contractor as a part of the contract; and the Engineer shall be sole judge as to whether detail plans, drawings and profiles conform to the Plans and the contract.

Discrepancy in Plans

2.The Contractor shall carefully examine all said Plans, profiles, drawings, specifications and orders; all figures, dimensions, lines, marks and scales thereof, and all directions of the Commissioner and the Engineer relating to the work, and conform to those in relation to which there is no doubt or discrepancy, but at once submit all cases of doubt or discrepancy to the Engineer for adjustment. Anything done on any part of the work for which special information or drawing should be procured, unless done in accordance with such information or drawing, or anything done in relation to which there is doubt or discrepancy, except in accordance with the adjustment thereof, or done in violation of law or public authority, is to be redone if the Commissioner shall so direct.


ARTICLE 3Inspection

The Contractor in carrying on the contract shall conform to all determinations and directions of the Engineer relating to the proper interpretation of the Plans, , the fitness of persons employed on the work or the number thereof, or the suitableness, amount, quality, and value of anything done or any materials used, and the Contractor shall permit the Commissioner and/or the Engineer and/or persons designated by them to enter upon the work and inspect the same at all times and in all places, and shall provide safe and convenient facilities for making such entry and inspection.

ARTICLE 4Change in Plans and Work

The City, acting through the Commissioner and upon his written order only, from time to time given to the Contractor or his foreman, may change, increase or take away any part of the work, or change the specifications, Plans, drawings, form or materials thereof. Any deduction or addition thereto is to be allowed, or paid for at a price to be determined, within not more than 15 days of the completion of the change, by the City Engineer acting in the same capacity as an architect in a building contract as between City and Contractor. Any demand for addition or deduction must be made in writing to the City Engineer within seven (7) days of the time change was ordered.

ARTICLE 5Time and Manner of Doing the Work

1. The Contractor shall begin work upon receipt of written Notice to Proceed. Once begun the work shall be carried out in a continuous and uninterrupted fashion with sufficient workforce and resources to assure completion by the date for completion established by the Contract Documents.

2. The Contractor shall carry on the work in accordance with the requirements of law and of all other public authorities, and to the satisfaction of the Commissioner; he shall give all notices, take out all permits, pay all charges and fees, give personal supervision to the work and keep thereon a competent foreman and sufficient employees, skilled in the several parts which are given them to do.

Maintenance of Travel

3. As applicable, the Contractor shall conduct his work so as to interfere as little as possible with public travel, and shall give property owners proper means of access to their property where existing access has been cut off by the work. The Contractor shall keep the streets open for through travel except where, in the opinion of the Commissioner, it is necessary to close the street. The continuous length of the street occupied for the work shall be kept as short as possible, and no part of the work shall be unnecessarily delayed. Wherever the Commissioner shall direct, trenches shall be bridged by the Contractor in a proper and secure manner so as not to interrupt travel. Free access shall be maintained at all times to all water gates, gas gates, and fire hydrants.

Abandonment of Work by Contractor

4. In the event the City Engineer certifies to the Commissioner that the work is not being so carried forward or if the Contractor at any time is not carrying on the work to the satisfaction of the Commissioner, or is not observing any of the provisions of the contract, or has abandoned the work, or become insolvent or assigned his property, the City, acting by the Commissioner and at his discretion, may, with or without notice to the Contractor, or advertising for doing the work, and by contract, day labor or otherwise, do any part of the work which the Contractor has failed to do or replace any part not done to the satisfaction of the Commissioner, or take possession of the work and complete the same, and in doing so may use any implements, machinery or materials on or about the work which are the property of the Contractor, charging the Contractor any excess cost for completing the work, which excess cost the Contractor agrees to pay.


ARTICLE 6Compensation for Work

1. Subject to the provisions of Paragraph 10 of this Article, the price named in the proposal and accepted by the City shall be paid by the City and received by the Contractor as full compensation for furnishing materials and for use of tools, forms, machinery and other implements, and for labor in moving materials and executing all the work contemplated in this contract, also for loss or damage arising from delay however occasioned, or out of the nature of the work aforesaid or from the action of the elements, from floods, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same and for all risks of every description connected with the work and for well and faithfully completing the work in the proper manner and according to the plans and specifications and requirements of the Commissioner under them.

2. During the first week of each calendar month, the City Engineer shall cause all work done by the Contractor during the previous month to be measured and shall estimate the value thereof and, on or before the 10th of each month issue a certificate to the Commissioner of the measurements and the amount due the Contractor according to the terms of his contract.

3. The City shall pay the Contractor on approval of the Commissioner monthly on or before the 18th of each month for all work done during the preceding month according to the aforementioned certificate of the City Engineer, less 5 per cent of the amount of such work and less any amounts due the City by the Contractor.

Final and Substantial Completion

4.Upon substantial completion of the work required by the Contract, the Contractor must present to the City Engineer written certification that the work is substantially complete. Within 21 calendar days after such certification is presented, the City Engineer shall present to the Contractor either a written declaration that the work is substantially complete or an itemized list of incomplete or unsatisfactory work items sufficient to demonstrate that the work is not substantially complete. The City Engineer shall include with such itemized list a date by which the work items must be completed, which date may not be earlier than the date for substantial completion established in the Contract Documents. If the City Engineer does not respond as provided herein within 21 calendar days, then the date of the Contractor’s certification shall become the date for effective declaration of substantial completion.

5. Within 15 calendar days after the effective declaration of substantial completion, the City Engineer shall send to the Contractor by certified mail, return receipt requested, a complete list of all incomplete or unsatisfactory work items. Unless delayed by causes beyond the Contractor’s control, with an extension of time granted pursuant to Article 8, the Contractor must complete the work items within 45 calendar days after receipt of the list, or by the contractual completion date, whichever is later. If the contractor fails to complete the work within the required time the City may, notwithstanding other rights and remedies at its disposal, and upon seven days written notice to the Contractor terminate the contract and complete the incomplete or unsatisfactory work items and charge the cost of same to the Contractor.

6. Within 65 calendar days following the effective declaration of substantial completion, the City Engineer shall issue to the Commissioner who shall cause to be paid to the Contractor a substantial completion estimate which estimate shall consist of the balance of the then current contract price less a one percent retention, the estimated cost to complete incomplete or unsatisfactory work items, the value of any outstanding claims against the Contractor and the sum of all demands for direct payment made pursuant to Article 12 herein, provided that until final acceptance, the City shall retain five percent of the value of all items planted in the ground.

7. The Contractor shall provide written notice to the City Engineer when the work has been brought to final completion. Within ten days following receipt of such notice, and providing his inspection shows no work items remain incomplete or unsatisfactory, the City Engineer shall issue to the Commissioner a final certificate of the total amount of work done and the money due the Contractor therefor, crediting thereon the amounts of the previous payments. In making the final certificate, the City Engineer shall not be bound by any preceding certificate or estimate of the amount of work done or materials furnished.

8. Within 30 calendar days following receipt of final completion, the City shall pay the Contractor, on the approval of the Commissioner, the percentages retained and the balance due the Contractor according to the aforementioned final certificate of the City Engineer less any indebtedness of the Contractor for incomplete or unsatisfactory work or claims made by or against the City. If a claim or claims are made, or notice of liability given, such amounts due the Contractor may be paid upon satisfaction of such claims or upon furnishing of indemnity to said City against all loss, cost, damage or expense by reason of such claims.


9. The City, on making any payment after the completion of the work, shall be released from all claim or liability to the Contractor for anything done or used, or for any loss or injury sustained in carrying on the contract, or for any act, omission, neglect or mistake of the City or any person relating to or affecting the contract, except for the balance of any sum retained as aforesaid.

Extra Work

10. The Contractor shall be paid for any additions, or deductions as provided in Article 4, paragraph 1, and for extra labor done by, and for extra materials furnished by him in compliance with the written order only of the Commissioner, calling for work not similar in character to that covered by the items given in the proposal, and for which no price is set in the said written order, the direct (not including consequential) cost to the Contractor, as determined to be reasonable by the Commissioner, plus fifteen per cent of said costs as so determined in regard to labor only. For teams or trucks so furnished, no payment shall be made to the Contractor beyond the current local rate as determined by the Commissioner in each case. The direct cost of labor may include the cost of mechanics and laborers furnished and a reasonable proportion of the time of the foreman and timekeeper, but it shall in no case include any charge for the use of tools, for establishment charges or for time spent by the Contractor. The actual cost of insurance on extra pay rolls and of materials furnished for extra work, shall be paid without any addition. The labor and materials so ordered shall constitute a part of the work to be done under the contract; and all and singular the provisions of the contract shall apply to said labor and materials as if the same were specified therein. The Contractor shall have no claim for the above mentioned extra labor and materials unless he furnishes the details and bills therefor within one week after doing any such labor or furnishing any such materials.

11. No claim of the Contractor against the City under this contract shall be deemed valid unless such claim is presented to the Commissioner within ten days from the time when the Contractor first knows of, or has opportunity to know of, the acts and circumstances on which such claim is based.

12. A payment or payments to the Contractor, in cases where these provisions or any of them, are not complied with, shall not be construed as a waiver of said provisions or any part thereof.

Contract Made Subject to Appropriations

13. This contract is made subject to appropriation heretofore made and shall not be altered unless the Contractor, the sureties on the bond, if any, the officer making the contract and the Mayor shall in writing agree thereto.

ARTICLE 7

Liquidated Damages

1. In case the work embraced in the contract shall not have been substantially completed by the date(s) stipulated therein, the Contractor shall pay to the City of Newton as liquidated damages a designated sum per calendar day for the entire period of overrun until the work is substantially completed in accordance with the following Schedule of Deductions and, in addition, the Contractor shall pay without reimbursement the entire cost of all traffic officers, railroad flagmen, inspectors, or other personnel the City Engineer and/or the Chief Engineer of the railroad determines to be necessary during the period of overrun of time.

SCHEDULE OF DEDUCTIONS

Original Contract Amount From More Than To and Including

Daily ChargePer Calendar Day

$ 0. $ 25,000. $ 30.25,000. 50,000. 50.50,000. 100,000. 100.

500,000. 1,000,000. 150.1,000,000. 2,000,000. 200.2,000,000. 300.

2. In case the work covered by the contract shall not have been brought to final completion within 45 calendar days following the date of declaration of substantial completion, the Contractor shall pay to the City of Newton as liquidated damages the sum of $150.00 for each week or portion thereof during the period of overrun until the work is complete.


3. Whatever sum of money may become due and payable to the City of Newton by the Contractor under this Article may be retained out of money belonging or owed to the Contractor in the hands and possession of or by the City of Newton. It is agreed that this Article shall be construed and treated by the parties to the contract not as imposing a penalty upon said Contractor for failing fully to complete said work as agreed on or before the time specified in the proposal, but as liquidated damages to compensate said City of Newton for all additional costs incurred by it because of the failure of the Contractor fully to complete said work on or before the date of completion specified in the proposal.

ARTICLE 8Delays and Extensions of Time

1. If the Contractor is delayed at any time in the progress of the work by an act or neglect of the City, or by changes in the work ordered by the City, or by unseasonably inclement weather, or by other causes deemed by the City Engineer to be beyond the Contractor’s control, and which the City Engineer determines may justify delay, then the time for completion may be extended for such reasonable time as the City Engineer may determine.

2. No such extension of time will be allowed unless the Contractor submits a written request for an extension to the City Engineer no later than 10 calendar days of the start of the occurrence or event giving rise thereto. Each such request must describe the occurrence or event and specify the manner and extent that such occurrence or event is causing or has caused a delay in the work. The City Engineer shall promptly investigate each request and make his written determination to the Commissioner and the Contractor within 10 days after receipt of the request. In his determination the City Engineer may either grant, deny, or modify the length of the requested extension.

3. If the City Engineer’s determination so warrants, the Commissioner shall authorize a written Change Order to the Contract extending the time for completion. No extension of time shall be deemed as granted until said Change Order has been duly executed by the parties.

4. Change Orders which may be executed by the City and the Contractor in connection with additions, extra labor and/or extra materials shall not be considered as allowing extensions of the time for completion unless the change order expressly specifies that additional time is allowed in connection with the work under the change order. Once a Change Order has been executed by the parties, any request by the Contractor for an extension of time based solely on the fact that additions, extra labor and/or extra materials are required by the Change Order will be denied by the City Engineer.

5. Permitting the Contractor to continue and finish the work or any part of it after the times fixed for its completion, or after the date to which the time for completion may have been extended, shall in no way operate as a waiver on the part of the City of Newton of any of its rights under the contract. The Contractor remains liable for damages caused other than by delay.

ARTICLE 9Lines and Grades

The Contractor shall retain a Registered Land Surveyor who shall furnish such boards and stakes and cause to be placed thereon, such lines, marks and directions relating to the work as the Commissioner or City Engineer shall from time to time direct.

ARTICLE 10Public Service Pipes and Conduits

1. The Contractor shall maintain such pipes or conduits of public service corporations or of the City as are across or within the lines of the work until such time as said public service corporations or the City assume the maintenance or removal of said pipes or conduits. The Commissioner will notify such public service corporations to that effect on the existence of such obstructions to the work being brought to his notice by the Contractor. The City will relocate either temporarily or permanently all water mains and water service pipes, or hydrants, and drains or sewers which may interfere with the work contemplated in this contract.(This clause is not to be construed as applying to such pipes as may be readily supported and protected during the progress of the work.) The cost of shutting off and turning on water in water mains during blasting shall be assumed by the City.


Protection of Existing Structures

2. All existing gas pipes, water pipes, sewers, drains, conduits, or other structures which are uncovered by the excavation shall be carefully supported and protected from injury by the Contractor, and, in case of injury, they shall be restored by him, without compensation therefor, to as good condition as that in which they were found, and shall be kept in repair until 6 months after the completion of the work. The Contractor shall provide suitable temporary channels for water at all water courses. Wherever the work passes under or adjacent to street railway tracks, the Contractor shall make all necessary arrangements with the railway company for doing any work which may affect the property of the company or interfere with the operating of the railway, and he shall be liable for any damage that may be caused by any act, omission or neglect on his part, and shall pay all expenses of every kind incidental to this work.

Changing the Location of Existing Structures

3. Whenever it becomes necessary to change the location of any water or gas pipes, sewers, drains, conduits or other structures not otherwise provided for in these specifications, the Contractor shall do the whole or such portions of the work of making such changes as the Commissioner may require, and shall receive in payment therefor the reasonable cost of the work done as determined by the Commissioner plus 15 per cent of such cost. In estimating such cost, no allowance shall be made to the Contractor for the use of tools not especially provided for this work, for general superintendence, or for any overhead expenses except liability insurance.

ARTICLE 11Co-operation with Other Contractors

The Contractor shall conduct the work in such manner as not to interfere with other work being done by the City, by contract or otherwise, and if deemed necessary by the Commissioner, the work under this contract shall conform to the progress of said other work; shall co-operate with other contractors or employees who may be doing work for the City, and with public service corporations affected by the work, in arranging for storage places, connections, bracings, temporary support for structures, repairs, etc.

ARTICLE 12Subcontracts

1. The Contractor, in any contract with a Subcontractor, shall provide that the Subcontractor shall be subject to all specifications, terms, provisions, conditions, requirements and liabilities set forth in this contract so far as such specifications, terms, provisions, conditions, requirements and liabilities are applicable to the work to be done under such Subcontract, and shall also provide that such Subcontract shall be terminated by the Contractor whenever the Commissioner shall certify to him in writing that in his opinion the work of the Subcontractor is unnecessarily or unreasonably delayed or that the Subcontractor has violated any of the provisions of this contract. The Contractor shall at once terminate such subcontract if the Commissioner, after certifying as aforesaid, shall in writing direct the Contractor to make such termination.

2. Subcontracts shall be made in writing and the Contractor shall furnish the Commissioner with a copy of all Subcontracts on demand.

3. Pursuant to the provisions of M.G.L. Ch. 30, Sec. 39F (1), the following provisions are included in the General Conditions:

(a) Forthwith after the Contractor receives payment on account of a periodic estimate, the Contractor shall pay to each Subcontractor the amount paid for the labor performed and the materials furnished by that Subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the Subcontractor by the Contractor.

(b) Not later than the sixty-fifth day after each Subcontractor substantially completes his work in accordance with the plans and specifications, the entire balance due under the Subcontract less amounts retained by the City as the estimated cost of completing the incomplete and unsatisfactory items of work, shall be due the Subcontractor; and the City shall pay that amount to the Contractor. The Contractor shall forthwith pay to the Subcontractor the full amount received from the City less any amount specified in any court proceedings barring the payment and also less any amount claimed due from the Subcontractor by the Contractor.


(c) Each payment made by the City to the Contractor pursuant to subparagraphs (a) and (b) of this paragraph for the labor performed and the materials furnished by a Subcontractor shall be made to the Contractor for the account of the Subcontractor; and the City shall take reasonable steps to compel the Contractor to make each such payment to each such Subcontractor. If the City has received a demand for direct payment from a Subcontractor for any amount which has already been included in a payment to the Contractor or which is to be included in a payment to the Contractor for payment to the Subcontractor as provided in subparagraphs (a) and (b), the City shall act upon the demand as provided in this section.

(d) If, within seventy days after the Subcontractor has substantially completed the Subcontract work, the Subcontractor has not received from the Contractor the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor, less any amount retained by the City, the demand shall be by a sworn statement delivered to or sent by certified mail to the City , and a copy shall be delivered to or sent by certified mail to the Contractor at the same time. The demand shall contain a detailed breakdown of the balance due under the Subcontract and also a statement of the status of the completion of the Subcontract work shall be valid even if delivered or mailed prior to the seventieth day after which the Subcontractor has substantially completed the Subcontract work. Within ten days after the Subcontractor has delivered or so mailed the demand to the City and delivered or so mailed a copy to the Contractor, the Contractor may reply to the demand. The reply shall be by a sworn statement delivered to or sent by certified mail to the City and a copy shall be delivered to or sent by certified mail to the Subcontractor at the same time. The reply shall contain a detailed breakdown of the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor and of the amount due for each claim made by the Contractor against the Subcontractor.

(e) Within fifteen days after receipt of the demand by the City, but in no event prior to the seventieth day after substantial completion of the Subcontract work, the City shall make direct payment to the Subcontractor of the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor, less any amount(i) retained by the City as the estimated cost of completing the incomplete or unsatisfactory items of work (ii) specified in any court proceedings barring such payment, or, (iii) if the reply shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by subparagraph (d). The City shall make further direct payments to the Subcontractor forthwith after the removal of the basis for deductions from direct payments made as provided in parts (i) and (ii) of this subparagraph.

(f) The City shall forthwith deposit the amount deducted from a direct payment as provided in part (iii) of subparagraph (e) in an interest-bearing joint account in the names of the Contractor and the Subcontractor in a bank in Massachusetts selected by the City or agreed upon by the Contractor and the Subcontractor and shall notify the Contractor and the Subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account, including accrued interest, as provided in an agreement between the Contractor and the Subcontractor or as determined by decree of a court of competent jurisdiction.

(g) All direct payments and all deductions from demands for direct payments deposited in an interest-bearing account or accounts in a bank pursuant to subparagraph (f) shall be made out of amounts payable to the Contractor at the time of receipt of a demand for direct payment from a Subcontractor and out of amounts which later become payable to the Contractor and in the order of receipt of such demands from Subcontractors. All direct payments shall discharge the obligation of the City to the Contractor to the extent of such payment.

(h) The City shall deduct from payments to a Contractor amounts which, together with deposits in interest-bearing accounts pursuant to subparagraph (f), are sufficient to satisfy all unpaid balances of demands for direct payment received from Subcontractors. All such amounts shall be earmarked for such direct payments, and the Subcontractors shall have a right in such deductions prior to any claims against such amounts by creditors of the Contractor.

ARTICLE 13Responsibility for Work-Contractor's Responsibility

The Contractor has made his proposal from his own examinations and estimates, and shall not hold the City, its agents, or employees, responsible for or bound by, any schedule, estimate, sounding, boring, or any plan of any part of the work; shall, if any error in any plan, drawing, specification or direction relating to anything to be done under the contract come to his knowledge, report it at once to the Commissioner; shall not, except as the Commissioner shall authorize in writing, assign or sublet any part of the contract except for the supply of materials and plant, or of anything to be done thereunder; shall, subject to the provisions of the contract take all responsibility of, and bear all losses resulting to him in


carrying on the contract, and shall assume the defense of, and hold the City, its agents and employees harmless from all


suits and claims against them, or any of them, arising from the use of any invention, patent or patent right, material, labor or implement, by or from any act or omission or neglect of the Contractor, his Subcontractor, his agents or employees, in carrying on the contract, or for any liability of any nature arising under the contract. The Contractor shall be solely responsible and liable for, and shall fully protect and indemnify the City against all claims for damages to persons or property occasioned by or resulting from blasting or other methods or processes in the work of construction, whether such damages be attributable to negligence of the Contractor, his employees or his Subcontractor or otherwise.

ARTICLE 14 LIGHTS--GUARDS

1. The Contractor shall assume all responsibilities of the work and take all proper precautions to protect persons and property from injury and unnecessary interference; leave a reasonably unobstructed way along public and private places for pedestrians, teams, and vehicles, and for access to hydrants; provide proper walks over or around any obstruction made in a public or private place in carrying on the contract, and maintain from the beginning of twilight through the whole of every night, on or near the obstruction sufficient lights and guards to protect travelers from injury thereby, and if, after one notification from the Commissioner that said lights and guards are not sufficient, the Contractor has not placed additional lights and guards to the satisfaction of the Commissioner, the Commissioner shall have the right to take charge of that part of the work at the expense of the Contractor. While the work is suspended he shall keep all roadways and sidewalks in proper condition, and when the work is completed put the place and vicinity in proper condition and so leave them.

2. The Contractor shall provide proper means of access to property where the existing access is cut off by the Contractor and replace or put in good condition every conduit, catch-basin, tree, wall, fence, or other thing injured by the Contractor in carrying on the contract, unless the same has been permanently done away with, on approval of the Commissioner, as being necessary to the proper carrying on of the contract.

ARTICLE 15Guaranty

1. Any settlement or other defect, or the failure of any part of the structure or the work due to defective materials or workmanship, that occurs within one year after the work is completed, is to be immediately repaired by the Contractor. In the event of any such settlement, defect, or failure causing liability to the City for damage to persons or property, the Contractor does by this clause agree to hold the City harmless and to assume the defense of any claims therefor.

2. Responsibility under this guaranty for the adequacy of the work does not relieve the Contractor of his obligation to comply with the terms of the contract and to conform to all the requirements of the plans and specifications, nor does it give him the right to deviate in any way from the details of design of the structure or the work.

ARTICLE 16Defective Work and Materials

The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill his contract as herein described, and defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the work or materials, or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect in a manner satisfactory to the Engineer, and if any material brought upon the ground for use in the work or selected for the same, shall be condemned by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall forthwith remove such materials from the vicinity of the work.Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil, but all materials shall, upon being so attached or affixed, become the property of the City.


ARTICLE 17Employment of Labor

The Contractor shall give preference in employment, first to citizens of Massachusetts, second, to other citizens of the United States; and shall allow all employees on said work to lodge, board and trade where they choose, and shall not obstruct any other person in doing work for the City; and shall conform to all labor laws of the Commonwealth; and no laborer or teamster, workman or mechanic working within this Commonwealth in the employ of the Contractor or Subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the Contractor shall be requested to, or required to, or work more than eight hours in any one calendar day. This contract is subject to all the laws of the Commonwealth, and ordinances of the City and if any clause thereof does not conform to such laws and ordinances, such clause shall be void and such laws and ordinances operated in lieu thereof.

ARTICLE 18Laws and Regulations - Contractor to Comply with Law

The Contractor shall keep fully informed of all existing or future acts of the legislature, and of all municipal ordinances, prohibitions, rules and regulations in any manner affecting the conduct of the work, and of all orders or decrees of any body or tribunal having any jurisdiction or authority over the materials, times, places and actions of those employed in the work embraced in the contract. The Contractor shall at all times observe and comply with all existing and future acts, ordinances, prohibitions, rules, regulations, orders and decrees; and shall protect and indemnify the city and its employees against any and all claims arising from or based on any violation of such acts, ordinances, prohibitions, rules, regulations, orders or decrees, and against all violations of law by the Contractor or his agents or employees.

END OF SECTION


CITY OF NEWTON

WAGE RATE REQUIREMENTS

1. GENERAL

A. This section summarizes the requirements for the payment of wages to laborers and mechanics employed under the Contract.

B. Other duties and requirements of law which may not be specified in this section apply and are inherently a part of the Contract.

2. WAGE RATES

A. The rate per hour to be paid to mechanics, apprentices, teamsters, chauffeurs, and laborers employed on the Work shall not be less than the rate of wages in the attached "Minimum Wage Rates" as determined by the Commissioner of Labor and Industries. This schedule shall continue to be the minimum rate of wages for said employees during the life of this Contract.

B. Keep posted on the site a legible copy of said schedule. Keep on file the wage rates and classifications of labor employed on this Work in order that they may be available for inspection by the Owner, Administrator, or the Architect.

C. Apprentices employed pursuant to this determination of wage rates must be registered and approved by the State Apprenticeship Council wherever rates for journeymen or apprentices are not listed.

D. Pay reserve police officers employed on the Work the prevailing rate of wages paid to regular police officers as required byM.G.L. c149, Sec. 34B, as amended. Such police officers shall be covered by Workmen's Compensation Insurance and Employers Liability Insurance by the Contractor.

E. The Contractor and all subcontractors shall, on a weekly basis throughout the term of the contract, provide to the City of Newton certified payroll affidavits in pdf format verifying compliance with M.G.L. c.149, Sec. 27, 27A and 27B. The Contractor is obiligated to provide such records to the City directly on a weekly basis. The City may assess a penalty of $100 for each day beyond the required submission date that such records are received, which amount shall be deducted from any amounts to the Contractor from the City. In the event of chronic late submissions, the City shall report the same to the Office of the Attorney General.

F. The Contractor and all subcontractors shall provide a Statement of Compliance within 15 days of the completion of its portion of the work. This statement shall be submitted to the Owner on the form found elsewhere in this section.

G. The Contractor shall maintain accurate and complete records, including payroll records, during the Contract term and for three years thereafter.

END OF SECTION


The Massachusetts Prevailing Wage LawM.G.L. ch. 149, §§ 26 – 27

NOTICE TO AWARDING AUTHORITIES

'The enclosed wage schedule applies only to the specific project listed at the top and will be updated for any public construction project lasting longer than one (1) year.

'You should request an updated wage schedule from the Division of Occupational Safety if you have not opened bids or selected a contractor within 90 days of the date of issuance of the enclosed wage schedule.

'The wage schedule shall be incorporated in any advertisement or call for bids for the project for which it has been issued.

'Once a contractor has been selected by the awarding authority, the wage schedule shall be made a part of the contract for that project.

NOTICE TO CONTRACTORS

The enclosed wage schedule, and any updated schedule, must be posted in a conspicuous place at the work site during the life of the project.

The wages listed on the enclosed wage schedule must be paid to employees on public works projects regardless of whether they are employed by the prime contractor, a filed sub-bidder, or any sub-contractor.

The enclosed wage schedule applies to all phases of the project including the final clean-up. Contractors whose only role is to perform final clean-up must pay their employees according to this wage schedule.

All apprentices must be registered with the Massachusetts Division of Apprentice Training in order to be paid at the reduced apprentice rates. If a worker is not registered with the Division of Apprentice Training, they must be paid the “total rate” listed on the wage schedule regardless of experience or skill level. For further information, please call (617) 727-3486 or write to the Division of Apprentice Training, 399 Washington Street, 4th Floor, Boston, MA 02108


WEEKLY PAYROLL RECORDS REPORT & STATEMENT OF COMPLIANCE

In accordance with Massachusetts General Law c149, §27B, a true and accurate recordmust be kept of all persons employed on the public works project for which the enclosed rates have been provided. A Payroll Form has been printed on the reverse of this page and includes all the information required to be kept by law. Every contractor or subcontractor is required to keep these records and preserve them for a period of three years from the date of completion of the contract.

In addition, every contractor and subcontractor is required to submit a copy of their weekly payroll records to the awarding authority. This is required to be done on a weeklybasis. Once collected, the awarding authority is also required to preserve those records for three years.

In addition, each such contractor, subcontractor or public body shall furnish to the Department of Labor & Workforce Development/Division of Occupational Safety withinfifteen days after completion of its portion of the work a statement, executed by the contractor, subcontractor or public body who supervises the payment of wages, in the following form:

STATEMENT OF COMPLIANCE

, 2017

I, , (Name of signatory party) (Title)do hereby state:That I pay or supervise the payment of the persons employed by on the (Contractor, subcontractor or public body) (Building or project) and that all mechanics and apprentices, teamsters, chauffeurs and laborers employed onsaid project have been paid in accordance with wages determined under the provisions of sections twenty-six and twenty-seven of chapter one hundred and forty nine of the General Laws.

Signature

Title

DIVISION OF OCCUPATIONAL SAFETY, 399 WASHINGTON STREET, 5TH FL., BOSTON, MA. 02108


CITY OF NEWTON

SUMMARY OF WORK AND SPECIFIC REQUIREMENTS OF THE

CONTRACT FOR PARKS AND RECREATIONS DEPARTMENT

A. SUMMARY OF WORK Work under this contract is for the reconstruction of the retaining wall at Pelligrini Park. Workitems shall include but not be limited to:

Preparation of the base to receive a new segmented precast retaining wall Installation of a new precast concrete retaining wall Relocate and install new trees, Limited new plantings and planting beds, loaming and seeding and miscellaneous ground repairs and Install a new chain link fence along the length of the new retaining wall.

1. In addition the work under the contract includes:

a. The restoration of any items damaged or destroyed by encroaching upon areas outside the Project Site.b. All labor, materials, tools, and equipment necessary to do all the work required for the completion of each

item as specified, which shall limited not only to the exact intent mentioned, but shall include incidental work necessary or customarily performed for the completion of that item.

c. All items not specifically mentioned or noted in the Project Manual and/or Plan(s), but which are obviously necessary to make a complete working installation.

2. The Proposed Contract Price shall be complete costs, including overhead, profit, insurance, transportation, and all other costs connected with, or incidental to the work described.

B. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

1. Upon notification the Contractor shall commence the work specified in the Project Manual as directed by the City. The work shall proceed in a continuous uninterrupted fashion with adequately staffed crews, in a satisfactory manner, which will assure that the work is completed in a timely manner to the satisfaction of the City.

2. The time for substantial completion pursuant to Article 2 of the Contract shall be 60 days from the notice to proceed.

NOTICE: * TIME IS OF THE ESSENCE *

Within five (5) business days of the Notice Of Award the Contractor shall submit to the Purchasing Department:

A signed contract. A Certificate of Insurance (naming the City as an additional insured) A Labor and Materials Payment Bond in the amount of 50% of the contract total.

Time is of the essence for the completion of this contract. If the Contractor fails to achieve substantial or final completion of the Work within the time required by the contract, and unless an extension of time is granted, the Contractor shall pay to the City as liquidated damages, the applicable amount specified in Article 6A of the General Conditions for each day of delay. If different completion dates are specified in the Contract for separate parts or stages of the work, the amount of liquidated damages shall be assessed on those parts or stages which are delayed. To the extent that the Contractor's delay or nonperformance is excused under another section in this Contract, liquidated damages shall not be due the City. The Contractor remains liable for damages caused other than by delay.

C. INSURANCE REQUIREMENTS

Anticipated start date is October 2, 2017 . Time for completion is sixty (60) calendar days from the Notice To Proceed. The successful bidder must be ready, willing and able to accommodate the City of Newton in the scheduling of this work.


1. The Contractor shall carry and maintain until acceptance of the work such Workmen’s Compensation, Automobile Liability, Public Liability, Contingent Public Liability, Property Damage and Contingent Property Damage Insurance, each including blasting coverage, as shall protect him and any sub-contractor performing work covered by this contract from all claims and liability for damages for personal injury, including accidental death, and for property damage which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or by any one directly or indirectly employed by either of them.

2. The City shall be named as an additional insured on such policy.

3. The amounts of such insurance shall be as follows:

a. Workmen’s Compensation Insurance as required by Massachusetts General Law.

b. Automobile Liability Insurance on all vehicles owned or hired for a.) Bodily Injury in an amount not less than$500,000.00 for each occurrence, and not less than $1,000,000.00 aggregate; b.) Property Damage in an amount not less than $250,000.00 each occurrence, and not less than $500,000.00 aggregate.

c. Public Liability Insurance and Contingent Public Liability Insurance in an amount not less than $500,000.00 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of one accident.

d. Property Damage Insurance and Contingent Property Damage Insurance in an amount not less than $300,000.00 on account of one accident, and in an amount of not less than $500,000.00 on account of all accidents.

e. General Liability Insurance shall include Contractual Liability Insurance.

4. Before any work is started, the successful bidder shall be required to file with the Chief Procurement Officer certificates of insurance coverage as detailed above, with policy numbers and dates of expiration.

5. The Contractor shall indemnify, hold harmless and defend the City and its departments, officers, employees, servants, and agents from and against all actions, causes of actions, claims, demands, damages, costs, loss of services, expenses and compensation, including attorney’s fees and interest arising out of or resulting directly or indirectly from the services rendered pursuant to this Contract, provided that any such action, cause of action, claim, demand, damage, cost, loss of service, expense, compensation (1) in any way grows out of bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, which (2) is caused in whole or in part by any act or omission of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is cased in part by a party indemnified hereunder.

END OF SECTION


02 41 00 – SITE PREPARATION AND DEMOLITION

PART 1 - GENERAL

1.1 General Requirements

A. The conditions and general requirements of the Contract, including Division 00 and Division 01, apply to the work under this Section.

B. The Contractor shall, prior to any removal of rubbish or debris from the site, furnish written evidence satisfactory to the Owner’s Representative that he has an approved dumping location for debris and/or spoil from his removals and excavation activities.

C. Cleaning of materials for the purpose of salvage on the site shall not be permitted.

D. The Contractor shall secure all necessary permits from the City of Newton before starting this project.

1.2 Work Included

A. Provide all labor, equipment, implements and materials required to furnish, install, construct and perform all Site Preparation work complete, as shown on the Drawings and as specified herein.

B. Work includes, but is not limited to the following:

1. Temporary construction fencing to secure work and staging area;

2. Sawcutting existing curb;

3. Removal of subbase materials (where shown on Drawings), plant material as identified on the drawings;

4. Materials to be removed and disposed legally off-site;

5. Protection of existing trees and vegetation, paving, utility poles, fences, walls, utilities, and building not indicated to be removed on the Drawings;

6. Sedimentation controls.

1.3 References

A. Examine all other Sections of the Specifications and all Drawings for the relationship of the work under this Section and the work of the other trades. Cooperate with all trades and all departments of City of Newton and coordinate all work under this Section.

B. The following related items are included under the Sections listed below

1. Section 31 00 00 – Excavation, Filling and Grading

2. Section 32 30 00 – Site Improvements

3. Section 32 90 00 – Planting

1.4 Laws, Ordinances, Permits and

Fees The Contractor shall:

A. Give necessary notices, obtain all permits and pay all governmental fees and other costs in connection with this work, file all necessary plans, prepare documents and obtain all necessary approvals.


B. Obtain all required certificates of inspection for this work and deliver it to the Landscape Architect before request for acceptance and final payment for the work.

C. Include in the work, without extra cost to the Owner, any labor, materials, services, apparatus, drawings (in addition to contract drawings and documents) in order to comply with all applicable laws, ordinances, rules and regulations, whether or not shown on the drawing and/or specified. The disturbed areas shall be secured with chain link construction fence and fence shall be maintained at all times while site is under construction as per General Conditions Section 00 70 00 of the Specifications.

D. Provide all safety controls during construction including temporary walkways, fencing, barricades, etc. at no additional cost to the Owner.

F. Completely remove from the project area all demolished materials, except as designated for stockpiling for re-use, and dispose of all materials off the site. Disposal of the materials shall be done in such a manner that there shall be no accumulation of any demolished material which may, in the opinion of the Owner’s Representative, the Fire Department or any other public agency having jurisdiction, constitute a hazard.

1.5 Definitions

The following related items are included herein and shall mean:

A. S.S.H.B. - Standard Specifications for Highways and Bridges, the Commonwealth of Massachusetts, Department of Transportation, latest edition.

B. A.S.T.M. - American Society for Testing and Materials.

C. A.A.S.H.T.O. - American Association of State Highway and Transportation Officials.

1.6 Site Conditions

A. The Contractor shall visit and accept the site as he finds it and shall inform himself of the character and the type of structures to be removed. The Owner assumes no responsibility for the condition of the site. Damage to the site (whether by reason of fire, theft, or other happenings) shall be at the risk of the Contractor from and after the date of Contract execution and no such damage or loss shall relieve the Contractor from any obligation under the Contract.

B. Contractor shall not work on or with soils when they are overly dry, wet, or frozen.

1.7 Protection

A. All rules and regulations governing the respective utilities shall be observed in executing all work under this Section. All work shall be executed in such a manner as to prevent any damage to existing streets, curbs, paving, service utility lines and structures, drainage lines and structures, and adjoining property. Monuments and benchmarks shall be carefully maintained and, if disturbed or destroyed, replaced as directed.

B. The Contractor shall assume full responsibility for damage caused by his Subcontractor's equipment and personnel to the existing grounds as well as adjoining private property. The Contractor shall obtain approval for subsurface construction from all necessary parties and the City of Newton before proceeding within the Contract limits.

C. The work of this Section shall be performed in such a manner as to cause no interference with access by the Subcontractors or other Contractors to all portions of the site as is necessary for the normal conduct of their work.

D. The Contractor shall take adequate precautions to protect all walks, roads, streets, curbs, pavements, trees and planting, on or off the premises, and shall repair and replace or otherwise make good at no expense to the owner, as directed by the Owner’s Representative, any damage so caused.

1.8 Special Protection for Maintaining Streets and Public Ways

A. Do not close or obstruct streets without a permit. Do not place or store material in streets, alleyways or sidewalks.


B. Conduct operations with minimum interference to street.

B. Furnish, erect and maintain fences, planking, bracing, shoring, sheathing, lights, barricades, warning signs, and guards as necessary for the protection of streets, sidewalks, and adjoining property.

D. Completely remove all protection when the work is completed or when directed in writing to do so by the Owner.

1.9 Utilities

A. Discontinuance or InterruptionBefore starting demolition, the Contractor shall be solely responsible for making all necessary arrangements and for performing any necessary work involved in connection with the discontinuance or interruption of all public and private utilities or services under the jurisdiction of the utility companies or corporations, and the Owner. These include gas, electricity, steam, refrigeration, low tension system, telephone, internet access, television, police signal, fire alarm, water, sanitary sewer, storm drainage, and without limiting the generality of the foregoing, including any system or systems which will be affected by the work to be performed under this Contract. The Contractor shall contact DIG-SAFE at 1-888- 344-7233 and follow normal procedures prior to commencing any excavation work at the site.

B. ProtectionPreserve in operating condition all active utilities traversing the project site, which are to remain. Should any damage occur to a utility which is to remain as a result, in the judgment of the Owner’s Representative, of this operation, the Contractor shall at his own expense, repair all damage to any such utility to the satisfaction of the Owner.

PART 2 - MATERIALS

2.1 Temporary Construction Fence

A. Temporary Construction Fence shall be six-foot high galvanized steel fence panels on stable, movable footings and include hardware to secure panels together.

2.2 Erosion and Sedimentation Control

A. Materials for erosion and sedimentation control shall be as described herein.

1. Filter fabric: Refer to Section 310000 – Excavation, Filling and Grading

2. Straw wattles shall be composed of 100% agricultural straw and wrapped in tubular UV stabilized synthetic net. Netting shall be .35 oz/LF and made from HDPE photodegradeable net with .5 inch openings. Ends shall be secured with wire closures and installed in accordance to manufacturer’s recommendations

PART 3 - EXECUTION

3.1 Temporary Construction Fence

A. The Contractor shall be responsible for providing and maintaining six-foot high temporary movable galvanized steel fencing around the construction and staging areas to ensure the safety of all persons authorized or unauthorized. Construction staging areas on site shall be coordinated with the Owner. Contractor shall coordinate with the Owner to maintain safe pedestrian and emergency access to the school at all times.

3.2 Erosion and Siltation Control

A. Intent: The Contractor is responsible for providing all temporary erosion and siltation control measures required to control erosion of soils within the areas of earthwork operations. The Contractor shall carry a contingency as part of his base bid contract price to provide temporary erosion controls to be installed during construction as required to contain water borne sediments within the project work area and prevent siltation of open or subsurface drainages systems.

B. Straw wattles shall be installed as required to prevent sediments from contaminating drainage systems and finished improvements.

C. Filter fabric: Refer to Section 310000 – Excavation, Filling and Grading


3.3 Concrete Curb

A. Saw cut existing concrete curb as shown on the drawings. Saw cuts shall be made with sharp tools and blades to provide a clean vertical cut line in the precise layout indicated on the drawings. Use carbide or other type blade intended for that purpose.

B. Remove and legally dispose of all bituminous concrete curb indicated on the Drawings to be removed and all other curb required to be removed in order to construct the Project.

3.4 Removals

A. All holes and trenches resulting from removals shall be backfilled as appropriate with gravel borrow and compacted as specified in Section 31 00 00 – Excavation, Filling and Grading.

3.5 Dust Control

A. Wet down thoroughly all work during excavation to prevent spread of dust. Make all arrangements and pay for all water and necessary connections therefor.

3.6 Above and Below Grade Improvements

A. Remove and legally dispose of all existing above and below grade improvements as indicated on the Drawings and as necessary to permit construction of the Project, including pipes, tanks, concrete slabs, castings, curbing and any and all other improvements inside or outside the contract limits. Remove walls and other obstructions to a depth of at least 2 feet below finished grades and as required to construct the subsurface improvements of this project.

3.7 Protection and Pruning Existing Plant Material to Remain

A. Within the limit of work lines protect all plant materials to remain as indicated on the Drawings. No such plant materials shall be used as guys or other fastenings. Equipment access and storage of materials is prohibited at all landscape areas.

B. If it becomes necessary to cut roots of plants to be saved, such roots shall be neatly cut after consulting the Landscape Architect.

3.8 Clean-Up

A. Keep pavements and areas adjacent to and leading from the site, clean and free of mud, dirt and debris.

B. Remove from the project site all materials and debris resulting from the work of excavation. Storage of such materials on the project site will not be permitted. The project site shall be safe, clean and holes filled and compacted with clean fill upon completion of the excavation and site clearance work.

END OF SECTION


31 00 00 – EXCAVATION, FILLING AND GRADING

PART 1 - GENERAL


A. The conditions of the Contract, including Division 00 and Division 01, apply to the work under this Section.

B. The Contractor shall prior to any removal of surplus fill, excavated material, or debris from the site, furnish written evidence satisfactory to the owner or owner’s representative that he has an approved dumping location for debris and/or spoil from his/her excavation activities.

1.2 Work Included

A. Provide all labor, equipment, implements and materials required to furnish, install, construct and perform Earthwork as shown on the Drawings and as specified herein.

1. Excavating, filling, trenching and backfilling of all descriptions required for the construction of pavements, safety surfaces, equipment, site improvements, utilities, filling voids left by hardscape and plant removals, and all specialties. Provide all additional fill materials as required and specified herein.

2. Pumping and/or bailing necessary to maintain excavated spaces free from water from any source whatsoever.

3. Dust control.

4. Provide graded materials, as specified, for fills, base courses and backfills as required.

5. Rough grading.

6. Perform all compaction of fill materials as hereinafter specified.

7. Obtain all required permits, licenses and approvals of appropriate municipal and utility authorities prior to commencing work, pay all costs incurred therefrom.

8. If subgrade is deemed unsuitable for placement of subbase material, backfill w/ processed gravel. Work under this Section shall include the excavation of 20 cubic yards of unsuitable material beyond the line and grades as shown on drawings, and as determined by the Landscape Architect. Such removals shall be measured by a Civil Engineer or Land Surveyor employed by the Contractor and verified by the Landscape Architect. No unsuitable material removals shall be credited to the Contractor without prior measurements and verifications.

B. Examine all other Sections of the Specifications and all Drawings for the relationship of the work under this Section and the work of other trades. Cooperate with all trades and all departments of the City of Newton and coordinate all work under this Section therewith.

C. The following related items are included under the Sections listed below.

1. Section 02 41 00 – Site Preparation and Demolition

2. Section 32 30 00 – Site Improvements

3. Section 32 90 00 – Planting

1.3 Submittals

A. Submit certified gradation test data for borrow materials a minimum of one week prior to delivery to the site.

B. Provide 50-pound samples of each material to a qualified laboratory for moisture density testing a minimum of one week prior to delivery to site.


C. Compaction test of subbase materials after installation and compaction and before surface material is installed.

1.4 Laws, Ordinances, Permits and

Fees The Contractor shall:

A. Give necessary notices, obtain all permits and pay all governmental taxes, fees and other costs in connection with this work, file all necessary plans, prepare documents and obtain all necessary approvals.

B. Obtain all required certificates of inspection for this work and deliver same to the Landscape Architect before request for acceptance and final payment for the work.

C. Include in the work, without extra cost to the Owner, any labor, materials, services, apparatus, drawings (in addition to contract drawings and documents) in order to comply with all applicable laws, ordinances, rules and regulations of the City of Newton and the Commonwealth of Massachusetts, whether or not shown on the Drawings and/or specified.

D. The Contractor shall provide a temporary sidewalk whenever a sidewalk is closed because of the construction. This temporary sidewalk must be at the same level as the existing closed sidewalk and it must be visually partitioned off from the street and work area. The Contractor shall so conduct his operations as to interfere as little as possible with roads, driveways, alleys, sidewalks, or other nearby facility.

1.5 Definitions

A. The following related items are included herein and shall mean:

1. S.S.H.B. - Standard Specifications for Highways and Bridges, the Commonwealth of Massachusetts, Department of Transportation, latest edition

2. A.S.T.M. - American Society for Testing and Materials

3. A.A.S.H.T.O. - American Association of State Highway and Transportation Officials

B. “Excavation” consists of removal of material encountered to subgrade elevations indicated and disposal of materials removed.

C. “Finished grades” as used herein shall mean the required final grade elevations indicated on the Drawings. Spot elevations shall govern over proposed contours. Where not otherwise indicated, project site areas shall be given uniform slopes between points for which finished grades are indicated or between such points and existing established grades.

D. “Base Course” as used herein is the placed and compacted material immediately below the finish grade material to the thickness indicated on the Drawings.

E. “Subgrade” as used herein means the naturally occurring or placed and compacted material below the base course.

F. “Trench Excavation” is defined as an excavation of any length where the width is less than twice the depth and where the distance between the pay lines does not exceed ten feet.

G. “Open Excavation” is defined as all other excavation.

H. “Unauthorized excavation” is defined as excavation beyond approved measurement lines.

I. “Unsuitable materials” are soils containing organic matter, materials subject to attack from termites, materials subject to decomposition, soils too wet to be stabilized, frozen materials and existing materials that do not satisfy the product specification herein. Weak or soft material resulting from any of the Contractor’s operations shall not be considered “unsuitable material”.


J. “Excess material” is any excavated material that is not needed for the construction of project elements. The removal of excess material from the site shall be included in the Base Bid Contract.

K. Rock excavation shall be defined as solid, continuous rock or concrete mass, unable to be removed without mechanical measures and larger than 1 cubic yard in size. All other rock shall be unclassified excavation included in the contract bid price.

1.6 Bench Marks and Engineering

A. Lines and grade work in accordance with Drawings and Specifications shall be laid out by a registered Civil Engineer or registered Surveyor employed by the Contractor. The Contractor shall establish permanent bench marks, to which access can easily be had during the progress of the work. The Contractor shall maintain all established bounds and bench marks and replace, as directed, any which may be disturbed or destroyed. The selection of the registered Civil Engineer or Surveyor shall be approved by the Landscape Architect.

B. The Contractor shall submit written confirmation of dimensions and elevations on the ground and report any discrepancies immediately to the Landscape Architect. Such confirmation shall bear the Engineer's registration stamp. Any discrepancies not reported prior to construction shall not be the basis of claims for extra compensation.

C. The General Contractor shall not commence any excavation or construction work, until the Landscape Architect's verification has been received and approved by the Official.

1.7 Subsurface Information

A. Refer to Appendix A to this Section 31 00 00 – Excavation, Filling and Grading for the Geotechnical Report. This report identifies subsurface conditions observed at the time and locations indicated in the report. This subsurface information was obtained by the Geotechnical Engineer retained by the Owner for use in designing the project. The Owner, the Landscape Architect and the Geotechnical Engineer shall not be responsible for the interpretations or conclusions made by the Contractor based on this information. This Geotechnical Report is provided so that the Contractor can familiarize himself with the expected subsurface conditions when preparing his bid. If the Contractor encounters subsurface conditions considered to be different than those presented in the Contract Documents, the Contractor shall notify the Architect in accordance with the General Conditions.

B. The Owner assumes no responsibility for the Contractor's failure to make his own site investigation and makes no warranty regarding the character of the soil or subsurface conditions which may be encountered during the performance of the work.

1.8 Finished Grades

A. The words "finished grades" as used herein mean the required final grade elevations indicated on the Drawings. Where not otherwise indicated, site areas shall be given uniform slopes between points, for which finished grades are shown, or between such points and existing grade except that vertical curves or roundings shall be provided at abrupt changes in slope.

1.9 Grades and Elevations

A. The Drawings indicate, in general, the alignment and finished grade elevations. The Landscape Architect, however, may make such adjustments in grades and alignment as are found necessary in order to avoid interference and to adapt the grading to other special conditions encountered.

1.10 Work in the Public Ways

A. Notify the appropriate municipal officials at least seven calendar days in advance of commencing any work in the public ways to obtain all required permission to perform this work. Perform all work in the public ways in a manner required by the municipal authorities.

B. Should there be any conflict between requirements specified in the Contract Documents and those of the City of Newton, the municipal requirements shall govern.


C. Do not close or obstruct any streets or sidewalks unless and until they have been discontinued by the appropriate municipal authority or unless and until he shall have first secured all necessary or other permits therefor. No materials whatsoever shall be placed or stored in the streets. Conduct all operations to interfere as little as possible with the use ordinarily made of roads, driveways, sidewalks, or other facilities near enough to the work to be affected thereby.

1.11 Disposition of Existing Utilities

A. Active utilities existing on the site shall be carefully protected from damage and relocated or removed as required by the work. When an active utility line is exposed during construction, its location and elevation shall be plotted on the Record Drawings and both the Landscape Architect and the Utility Owner notified in writing.

B. Inactive or abandoned utilities encountered during construction operations shall be removed, plugged or capped in accordance with procedures of relative utility company or agency. The location of such utilities shall be noted on the Record Drawings and reported in writing to the Landscape Architect.

C. Active utility lines damaged in the course of construction operations shall be repaired or replaced as determined by the Landscape Architect without additional cost to the Owner.

D. Notify the Owner at least three (3) days in advance of the proposed time for shutting down or interrupting utilities or services which may affect operation of adjoining properties. Unless otherwise authorized by the Owner, schedule such interruptions on weekends, holidays, or before or after Owner's normal working day. In no case shall any services or utilities be interrupted prior to notification and authorization by the Owner.

1.12 Protection

A. All rules and regulations governing the respective utilities shall be observed in executing all work under this Section. All work shall be executed in such a manner as to prevent any damage to existing streets, curbs, paving, service utility lines, structures and adjoining property. Monuments and bench marks shall be carefully maintained and, if disturbed or destroyed, replaced as directed.

B. The Contractor shall perform the installation, maintenance and removal of all sheet piling, shoring and bracing required for the protection of all items of this Contract affected by the work of this Section.

C. The Contractor shall furnish all facilities and materials necessary to prevent the earth at the bottom of excavation from becoming frozen or unsuitable to receive footing or other load bearing units.

D. The work of this Section shall be performed in such a manner as to cause no interference with access by the Subcontractors or other Contractors to all portions of the site as is necessary for the normal conduct of their work.

E. Protect all areas to remain undeveloped outside the Contract limit lines. Should these areas be damaged, the Contractor shall restore them to the satisfaction of the Landscape Architect and Owner at no additional cost to the owner. This includes the repairing and replacement of all damaged conditions such as plant materials and similar items.

1.13 Samples and Testing:

A. All fill material and its placement shall be subject to quality control testing. Contractor will submit the name of a qualified laboratory to perform test on materials, for Approval by Landscape Architect. The Contractor will pay for all costs of testing. Test results and laboratory recommendations shall be available to the Landscape Architect. Submit one test for each material source proposed for use.

B. Provide samples of each fill material from the proposed source of supply. Allow sufficient time for testing and evaluation of results before material is needed. Submit samples from alternate source if required. The Landscape Architect will be sole and final judge of suitability of all material.

C. The laboratory will determine maximum dry density and optimum water content in accordance with ASTM D1557, Method D and the in-place density in accordance with ASTM D1556.


D. Sampling and testing material delivered to the site shall be performed to ensure material conforms to approved submittals. Materials in question may not be used, pending test results. Compaction tests shall be performed on placed fill materials. Materials that do not conform to the specified physical or performance requirements shall be removed and replaced with acceptable materials at the Contractor’s expense.

F. Cooperate with laboratory in obtaining field samples of in-place materials after compaction. Furnish incidental field labor in connection with these tests.

G. Gravel Borrow shall be laboratory tested for permeability prior to approval in accordance with ASTM D 2434 Permeability of Granular Soils (Constant Head).

H Top stone and gravel borrow base under the synthetic turf field shall be field tested for permeability prior to installation of the shock pad in accordance with ASTM D 3855, Method for Infiltration Rate of Soils Using Double- Ring Infiltrometer

PART 2 – PRODUCTS

2.1 Fill Materials

A. Ordinary Fill

1. All material to be placed where the Specifications or Drawings call for Ordinary Fill shall be well-graded, natural, inorganic mineral soil approved by the Landscape Architect and shall have the physical characteristics of soils designated as group A-1, A-2-4, or A-3 under AASHTO-M145.

2. Ordinary Fill shall be free of organic or other weak or compressible materials, of highly plastic clays, of all materials subject to decay, decomposition or dissolution, of cinders or other materials which will corrode piping or other metal, of frozen materials, and of stones larger than 6 inches.

3. Ordinary Fill shall be of such nature and character that it can be spread and compacted to the specified density in a reasonable length of time.

4. Soil for use as Ordinary Fill shall contain no more than 35 percent by weight passing the No. 200 sieve.

5. It shall have a maximum dry density of one hundred pounds per cubic foot.

B. Gravel Borrow

1. All paving shall be installed over compacted graded gravel; all footings and all voids left from equipment removal shall be filled with compacted graded gravel.

2. All gravel fill shall meet the specifications of M1.03.1 “Processed Gravel for Subbase” in S.S.H.B. Submit sample and test results for approval.

Sieve Size Percent Finer by Weight

2-inch 100

1/2-inch 50-85

No. 4 40-75

No. 50 8-28

No. 200 0-8

3. Refer to Top Drainage Stone description in this Section for permeability requirements.


C. Crushed Stone (Drainage Stone):

1. Drainage stone, or crushed stone, shall be 3/4” and (except where other size indicated on the Drawings) clean, angular stone of a hardness suitable for use in structural applications. 3/4” stone shall comply with M2.01.4 and 1/2” shall comply with M2.01.5 in S.S.H.B.

E. Filter Fabric

Filter Fabric used, as a drainage medium shall consist of a non-woven fabric made from polypropylene or polyethylene filaments or yarns. The fabric shall be inert to organic chemicals commonly encountered in the soil. The fabric shall conform to the following recommended property tests:

Property Unit Test MethodMinimum

Value

Weight oz/sy ASTM D-3776-84 4.5

Grab Strength lbs ASTM D-4632-86 120

Grab Elongation percent ASTM D-4632-86 55

Trapezoid Tear Strength lbs ASTM D-4533-85 50

Mullen Burst Strength psi ASTM D-3786-80 210

Puncture Strength lbs ASTM D-4833-88 70

Apparent Opening Size (AOS) U.S. std. Size Sieve ASTM D-4751-87 70

PART 3 - EXECUTION

3.1 Grades and Elevations

A. Establish the lines and grades in conformity with the Drawings. Establish and maintain suitable stakes or batters at points where spot elevations are given on the Drawings and at any other points to be graded as directed by the Landscape Architect. Maintain sufficient reference points at all times during construction to properly perform the Contract installation.

3.2 Excavation

A. Prior to any excavation, contact DIG-SAFE at 1-888-344-7233 to identify subsurface utilities within the work area.

B. General

1. Excavate all material to the elevations, dimensions and form as shown on the Drawings and as specified for the construction of site improvements and other structures necessary for the completion of the utilities and site work. All unsuitable materials within the indicated and specified limits shall be excavated and removed at no additional cost to the contract as specified in 1.02 (B-8) of this section. Any quantities involving an extra or other adjustment of the Contract Price shall be subject to measurement verification and approval by the Landscape Architect prior to the excavation and removal of such materials. Unsuitable materials shall include the following:

a. Utility structures, building foundations and other man-made structures.

b. Peat, organic silt and other organic materials subject to decomposition, consolidation or decay.

c. Miscellaneous fill including cinders, ash, glass, wood, and metal.

2. In general, the Contractor shall be permitted to use machine excavation except for the final six (6) inches under footings, foundations, utility lines and structure, which shall be hand work.


3. If any part of the excavation is carried through error beyond the depth and dimensions indicated on the Drawings or specified herein, or if the foundation soils are disturbed by dewatering or other construction operation, the Contractor shall, at his own expense, refill with structural fill compacted to ninety-five (95) percent of the maximum dry density at optimum moisture content.

4. When excavation has reached the prescribed depth, the Landscape Architect shall be notified and will make an inspection of the condition and approve the placing of fill material.

5. The Contractor shall obtain from the proper authorities locations of all utilities within the scope of this work so that there will be no damage done to such utilities. Neither the Owner nor the Landscape Architect will be responsible for any such damage, and the Contractor shall restore any structure or utility so damaged without additional compensation. Attention is called to that fact that there are electric lines, and other utilities in certain locations within and adjacent to the sites. Written notifications to the appropriate utility agencies shall be made at least ten (10) days prior to the commencement of any work.

6. Wherever culverts, sewers, drains, manholes, catch basins, catch basin connections, water mains, valve chambers, utility tunnels, gas pipes, electric and telephone conduits, house service connections of any other underground constructions are encountered in excavating for utilities or any other site work, they shall be protected and firmly supported by the Contractor, at his own expense, until the trench is backfilled and the existing structures are made secure. Injury to any such structures caused by or resulting from the Contractor's operations shall be repaired at the Contractor's expense. The authority having charge of any particular underground structure shall be notified promptly of damage to its structure.

7. Excess material - Suitable excavation material which is allowable for fill and backfill shall be separately stockpiled as directed by the Landscape Architect. All surplus fill other than that required to complete the intent of the Contract shall become the property of the Contractor and shall be legally disposed of off the property. All excavated materials which, in the opinion of the Landscape Architect are not suitable for fill and backfill shall be removed and legally disposed of off the property.

8. Any unsanitary conditions encountered, such as broken sewer mains or uncovered garbage, shall be corrected or removed entirely as directed by the Landscape Architect.

C. Excavation for Site Improvements.

1. Excavate to the lines and grades shown on the Drawings and as specified to obtain the subgrades for the site improvements.

2. Trenching for all water and drain lines shall comply with the standards in S.S.H.B., specifically Section 150.64.

3. Existing service and utilities encountered shall be immediately repaired, protected and maintained in use until relocation of same has been completed or to be cut and capped where directed or be prepared for connection when so required.

3.3 Subgrade Preparation and Protection

A. General Requirements

1. All subgrade areas shall be made ready for fill by removal of all organic material, unsuitable soils and deleterious materials to firm natural ground as directed by the Landscape Architect.

2. Scarify, spot-fill, or otherwise treat the surface of areas to receive fill as necessary to remove holes, depressions, ruts, hummocks, or other uneven features.

B. Proof Rolling Subgrades

1. Prior to placement of fill, or bottom filter fabric where shown on drawings, proof roll natural ground by making a minimum of two passes with approved compaction equipment. Proof rolling may be waived by the Landscape Architect where excessively wet or saturated subgrade conditions are encountered.


3.4 Protection

A. Protect open excavations with fencing, warning lights and other suitable safeguards. No open excavation shall be left without proper barriers and other devices necessary for public safety.

B. Comply with local safety regulations or, in the absence thereof, with the provisions of the Manual of Accident Prevention in Construction of the Associated General Contractors of America, Inc. and O.S.H.A.

C. Frost Protection - Make no excavation to the full depth indicated when freezing temperature may be expected unless the footing or slabs can be poured immediately after the excavation has been completed. Protect the bottoms as excavated from frost, if placing of concrete is delayed, with straw, tarpaulins or temporary heat until footings or slabs poured and backfill is placed.

D. Any ditching required to keep the site free from water during construction is the responsibility of the Contractor.

3.5 Fill and Compaction

A. Compaction Equipment and Density Requirements

1. Compaction equipment, unless otherwise specified, shall consist of heavy vibratory rollers, such as a Raygo 400 or other compaction equipment approved by the Landscape Architect. Equipment shall make a minimum of four(4) passes to achieve compaction as specified; to provide an evenly dense and compacted thickness throughout. All ruts shall be filled, the surface even and compacted to the density called for. The Landscape Architect retains the right to disapprove the use of any equipment that does not meet the above Specifications or perform the work as intended. Any modifications of equipment or method must be approved by the Landscape Architect.

2. Fill material under pavements and structures shall be compacted to ninety-five (95) percent of maximum density(s) determined by A.S.T.M. Test Designation D-1557, Method D or A.S.T.M. D-1556. For fill to 30” depth within seeded and planted areas compact portion of fill for planting to at least 80 percent but not more than 90 percent of the material’s maximum dry Proctor density

3. Refer to 1.13 in this Section for testing requirements.

B. Placing Fills and Compacting

1. Notify the Landscape Architect when excavation is ready for inspection. Filling and backfilling shall not be started until conditions have been approved by the Landscape Architect.

2. Fill material shall be placed in horizontal layers not exceeding six (6) inches. Each layer shall be compacted to the percentage of maximum dry density specified for the particular type of fill and at a water content equal to optimum dry density and optimum water content shall be as specified herein.

3. Where water content of the fill must be adjusted to meet this Specification, the fill shall be thoroughly disked to insure uniform distribution of any water added.

4. Areas to be filled or backfilled shall be free of construction debris, refuse, compressible or decayable materials and standing water. Do not place fill when materials or layers below it are frozen.

5. In confined areas adjacent to footings and foundation walls and in utility trenches, the fill shall be compacted with hand-operated vibration tampers. The maximum lift thickness shall be four (4) inches. The degree of compaction attained shall be equivalent to that attained in the adjacent open areas where heavy rolling equipment is used. Any areas which subsequently settle shall be refilled to true subgrade and properly compacted.

3.6 Grading

A. Do all grading required for the work including shaping, trimming, rolling and finishing of the surface of the subgrades for all surfaces. All ruts shall be eliminated. Grading for subgrades for paved areas and synthetic turf


shall be finished at the required depth below and parallel to the proposed surface within 1/4" in 10'-0" tolerance.


B. If, during the progress of rough grading work, any water pipe, sewer, conduit, drain, or other construction is damaged as a result of operations under this Contract, the Contractor shall repair all such damage at no additional cost to the Owner and restore work to its original condition.

C. Do all other cutting, filling and rough grading to the lines and grades indicated on the Drawings. Grade evenly to the finished grades shown on the Drawings. No stone larger than 2" in largest dimension shall be placed in upper 6" of fill.

D. Complete grading operations after site improvements are constructed, and all materials, rubbish and debris removed from the site. Leave subgrade for planting clean at required grades. Provide sufficient grade staking to witness correct lines and grades, as determined by the Landscape Architect.

E. Where streets or sidewalks within or outside the limit of Contract lines have been excavated in fulfilling the work required under this Contract, the Contractor shall furnish and install all material necessary to bring finish surfaces level with the existing adjacent surfaces. All work shall be installed to match the existing conditions in accordance with the governing authority. Notify the proper authorities prior to restoring surfaces outside the limit of Contract line.

F. Fine grading of the gravel borrow base and top stone for the synthetic turf field shall be performed with laser-guided grading equipment required to achieve the tolerances specified herein.

END OF SECTION


32 30 00 SITE IMPROVEMENTS

PART 1 - GENERAL



B. All references to products by manufacturer, trade name or performance Specifications bearing the connotation "or approved equal" shall be as determined by the Landscape Architect and the City.

1.02 Work Includes

A. Provide all labor, equipment, implements and materials required to furnish, install, construct and perform all site improvements complete as shown on the Drawings and specified herein.

B. To be included, but not limited to the following:

1. Grading and Compaction of Base Course2. Precast Concrete Block Wall3. Black Vinyl Coated Chain Link Fence4. Steel landscape edging

1.3 References

A. Examine all other Sections of the Specifications and all Drawings for the relationship of the work under this Section and the work of other trades. Cooperate with all trades and all departments of the City of Newton and coordinate all work under this Section therewith.

B. The following related items are included under the Sections listed below:

1. Section 02 41 00 – Site Preparation and Demolition2. Section 31 00 00 – Excavation, Filling and Grading3. Section 32 90 00 – Plantings

1.4 Submittals

A. Shop Drawings and Samples

1. Provide complete material, finish and color information to fully evaluate conformance with the specified requirements for products in this Section. Where products are assemblies or fabrications, provide manufacturer’s specifications for all components and hardware.

1.5 Product Delivery, Storage and Handling

A. Deliver materials in manufacturer's original unopened and undamaged packages with labels legible and intact.

B. Store materials in unopened packages in a manner to prevent damage from the environment and construction operations.

C. Handle in accordance with manufacturer's instructions.

1.6 Definitions

A. The following items are included herein and shall mean:

1. S.S.H.B. - Standard Specifications for Highway and Bridges, the Commonwealth of Massachusetts, Department of Transportation, latest edition.


2. A.S.T.M. - American Society for Testing and Materials. The following standard specifications are applicable to the associated items as listed.

3. MAAB: Massachusetts Architectural Access Board.

4. ADA: Americans with Disabilities Act and its current regulations.

5. CPSC: Consumer Product Safety Commission.

PART 2 - PRODUCTS AND EXECUTION (Combined)

2.1 Grading and Compaction of Sub-Base

A. Do all necessary grading in addition to that specified under Section 31 20 05 – Excavation, Filling and Grading to bring subgrade or foundation after final compaction to required grades and sections to obtain a foundation of uniform bearing surface. In absence of specific requirements, compact foundation by such means as will provide firm base and insurance against settlement of superimposed work.

B. Sub-base preparation, including material, shall be of properly approved quality as specified under Section 31 00 00 – Excavation, Filling and Grading. Start of work under this Section shall constitute acceptance of the foundation conditions to which this work is to be applied. Any defects in work resulting from such conditions shall be corrected under this Section Site Improvements, at no additional cost to the Owner.

2.2 Precast Concrete Block Wall

A. Work shall consist of furnishing all materials, labor, equipment and supervision to install the precast concrete block wall system in accordance with plans and specifications and in conformity with the lines, grades, design and dimensions shown on the Drawings. Retaining walls for this project include gravity segmental retaining walls without geogrid at locations indicated on the drawings.

B. Precast concrete block wall shall be fabricated to the sizes and dimensions indicated on the contract documents and approved shop drawing submittal provided by the Contractor and approved by the Landscape Architect. Precast concrete block wall shall be installed per the manufacturer’s recommendations and as shown on the drawings.

C. Precast concrete block wall shall be by Redi-Rock Walls of New England, represented by Carroll Concrete (Casey Scavone), 8 Reeds Mill Road, Newport, NH, 03773 or approved equal.

1. Retaining blocks shall have a face height of 18”, a depth of 28”, and a length of 46.125”.

2. Freestanding blocks shall have a face height of 18”, a depth of 24”, and a length of 46.125”.

3. All exposed (above grade) faces shall have cobblestone finish.

4. Top of wall will be fitted with a concrete cap matching wall finish.

D. Reference Standards

1. Definitions and reference standards which govern the performance of the work in this Section include, but are not limited to the following:

a. OSHA Regulations, 29 CFR Part 1926.

b. ACI Standard Building Code Requirements for Reinforced Concrete (ACI-318).

c. National Concrete Masonry Association (NCMA) Segmental Retaining Walls Best Practice Guide, Revised 2016.

d. Each manufacturer's respective Proprietary Wall System's specific precast concrete (or other proprietary specific material types) module, bin, segmental block and specifications.


e. Each manufacturer's respective Proprietary Wall System's specific soil reinforcement reference standards and specifications.

2. Segmental Retaining Wall (SRW) Units

a. ASTM C 140 - Sampling and Testing Concrete Masonry Unitsb. ASTM C 1372 – Standard Specification for Dry-Cast Segmental Retaining Wall Units

E. Submittals

1. Materials Submittals: The Contractor shall submit manufacturers' certifications stating that the block units meet the material requirements of this specification. Submit the manufacturer’s product information and technical data for the block units, drainage materials, and installation recommendations.

2. Samples: The Contractor shall provide photograph examples of an two sided in-line block, a corner block and a tow sided cap stone representative of the full range of color variations.

3. Submit for review and comment at least 21 days prior to delivery of retaining wall materials to the Site and prior to the start of Site retaining wall construction the following:

a. Experience

i. Provide at least three (3) examples of concrete block walls successfully constructed by the Contractor. Examples shall be of similar type, height and length and be constructed in similar soil conditions. Provide Owner's name and telephone number for each example.

ii. Provide documentation that Contractor's Engineer has at least five (5) years’ experience designing selected wall types under similar conditions. Provide references for at least three (3) projects.

b. Permanent Concrete Block Wall System(s)

i. A complete set of shop drawings which shall include, but not be limited to, the following items for the concrete block walls:1. Drawings showing all material specifications and details for the structural elements and sequences of

assembly including backfilling materials and procedures.2. The Site retaining walls shall be shown in plan and section.3. The elevation and location of any structure or utilities affecting or affected by any retaining wall shall

be shown in plan and section.4. Detailed construction procedures and sequencing for the installation of the retaining wall system shall

be provided.5. Details of drainage provided behind wall.6. Latest edition of manufacturer's standards and specifications for proposed materials, method of

installation and list of material proposed for use.

2.3 Black Vinyl Coated Chain Link Fence

A. Submittals:

1. Product information: Provide manufacturer’s product data for all fence components demonstrating conformance with materials, sizes and finishes specified herein and indicated on the Drawings.

2. Shop Drawings: Supply shop drawings at an approved scale for location, installation and erection of all components of the chain link fence and gates.

B. Scope: This specification describes materials and installation requirements for chain link fencing and gates including chain link fabric, framework, fittings and hardware. All chain link fencing and gates shall be black vinyl coated. Fence heights are as indicated on the drawings.

C. PVC Coating: Fence fabric and framework shall be thermally-fused vinyl coating over galvanized steel. "A Bonded or extruded and glued" fabric will not be accepted.

D. Color: All fence material including fabric, framework, fittings and hardware shall be black.


E. Fabric: Shall be a 2" diamond mesh thermally fused in accordance with ASTM F668-2b. Unless otherwise indicated on the Details, all chain link fence fabric shall be 6-gauge wire = 0.192" core wire with a minimum breaking strength of 2170 pounds. Limited use of 9-gauge fabric specifically indicated on the Drawings shall be 9-gauge wire = 0.148" core wire and a minimum breaking strength of 1,290 pounds. The weight of the zinc coating on the steel wire shall be 0.3 oz. per square foot minimum. Chain link fabric shall be color matched with framework materials. Fabric shall be knuckled at both selvages.

F. Framework: Shall consist of terminal posts, line posts, top rail, bottom rail, intermediate horizontal rails, and braces.

G. Posts and rails shall be steel pipe, Type 1: ASTM F 1083, standard weight, schedule 40, minimum yield strength of 25,000 psi, sizes as indicated below. Before color is applied, all materials shall be given a minimum 1.8 ounce per s.f. coating of zinc. PVC-coated finish shall be applied in accordance with ASTM F 1234, apply supplemental color coating of 10-15 mils (0.254-0.356 mm) of thermally fused PVC.

Post or Rail Outside Diameter Pounds/FootEnd Corner & Pull Post 4.0" 9.10Line Post 2.875" 5.79Top and Bottom Rail 1.660" 2.27Mid Rails 1.660" 2.27

H. Top rail couplings 6-inch minimum in length shall be spaced at maximum 20-foot centers and 9 gauge minimum fabric tie wires shall be spaced as indicated on the Detail.

I. Accessories:

1. Chain link fence accessories: ASTM F 626, Provide items required to complete fence system. Galvanized, each ferrous metal item in accordance with ASTM A 153 and black finish to match framing.

2. Post Caps: Formed steel, weathertight closure cap. Provide one cap for each post. Caps shall be affixed to the post so as to prevent removal.

3. Stretcher Bars: One piece lengths equal to 2-inches less than full height of fabric with a minimum cross section of 3/16 inch x 3/4-inch. Provide stretcher bars where chain link fabric meets terminal posts.

K. General: Certain components not adaptable to the coating process specified herein may be color coated by other means. All fittings shall be pressed steel or malleable iron. Tie wires shall be minimum 9 gauge PVC coated aluminum. Line and terminal posts to be of sufficient length to be set to the full depth of concrete footing indicated on the Drawings. Maximum spacing of line posts shall be 10-feet.

L. Paint: Primer shall be Rust-Oleum #7785, Zinc Sele or approved equal. Finish paint shall be Rust-Oleum #7779402 Professional High Performance Protective Enamel in gloss black or approved equal.

M. Privacy screen: privacy screen shall be 4000 series fence dura slats by Fencescreen, Inc. or approved equal. Installed vertically, color black, with min. 20 year warranty.

2.4 Cleaning, Repair and Protection

A. Repair minor damage to eliminate all evidence of repair with comparable materials. Remove and replace work that cannot be satisfactorily repaired.

B. Provide temporary protection to ensure that the work will be without dirt, stains, damage or deterioration at time of final acceptance. Clean up stains and spills as they occur. Remove protections and clean as necessary immediately before final acceptance.

C. Upon completion of the work and before acceptance, the Contractor shall remove and dispose of in an approved manner all surplus materials, rubbish, etc. which the Contractor may have accumulated during the course of the work and shall leave the site in a clean and orderly condition. The Contractor shall not abandon any material at or near the site regardless of whether or not it has any value.

END OF SECTION


SECTION 32 90 00 – PLANTING

PART 1 - GENERAL



B. All reference to products by manufacturer, trade name or performance Specification bearing the connotation "or approved equal" shall be as determined by the Landscape Architect and the City.

1.2 Work Included

A. The work of this Section consists of all planting work and related items as indicated on the Drawings and/or as specified herein and includes, but is not limited to the following:

1. Topsoil (loam borrow)

2. Soil Additives

3. Fine Grading & Loaming

4. Planting

5. Bark Mulch

6. Lawn

7. Maintenance

1.3 References

A. Examine all other Sections of the Specifications and all Drawings for the relationship of the work under this Section and the work of other trades. Cooperate with all other trades and all departments of the City of Newton and coordinate all work under this Section therewith.

B. The following related items are included under the Sections listed below:

1. Section 02 41 00 – Site Preparation and Demolition2. Section 31 00 00 – Excavation, Filling and Grading

1.4 SubmittalsA. Prior to ordering the below listed materials, submit representative samples to Landscape Architect for selection

and approval, in accordance with requirements of General Condition and special provisions as follows. Do not order material until Landscape Architect's approval has been obtained. Delivered materials shall closely match the approved samples.

1. Topsoil: The Contractor shall provide a one (1) cubic foot representative sample from each proposed source for testing and approval as directed by the Landscape Architect. The Contractor shall deliver samples to testing laboratory prior to any loaming and shall have the testing report sent directly to the Landscape Architect, and pay all costs.

a. Mechanical and chemical (pH soluble salts) analysis shall be by public extension service agency or a certified private testing laboratory in accordance with the current standards of the Association of Official Agricultural Chemists and approved by Landscape Architect.


b. Report shall be submitted at least one (1) month before any loaming is to be done. Soil tests shall be for Nitrate Nitrogen, Ammonium Nitrogen, Phosphorus, Potassium, Calcium, Aluminum, Soluble Salts and show acidity of the soil.

c. Tests shall document lead level.

d. Tests shall give recommendations for fertilizers and additives.

2. Fertilizer and lime product information and recommended application rates

1.5 Product Delivery and Handling

A. Preparation of Plants

1. All precautions customary in good trade practice shall be taken in preparing plants for moving, and workmanship that fails to meet the highest standards will be rejected. Plants shall be dug immediately before moving. All plants shall be dug to retain as many fibrous roots as possible. Balled and burlapped plants shall have a solid ball of earth. Loose, broken or manufactured balls will be rejected. Balled and burlapped plants shall be securely tied with stout rope to sturdy platforms equal in size to diameter of the upper half of the ball of earth.

B. Delivery

1. Plants shall be packed, transported and handled with utmost care to insure adequate protection against injury. Each shipment shall be certified by to be free from disease and infestation. Any inspection certificates required by law to this effect shall accompany each shipment invoice or order of stock and on arrival, the certificate shall be submitted to the Landscape Architect. All plants shall be adequately protected from drying out and immediately after inspection shall be held in moist soil. Balled and burlapped plants shall be set on the ground and the balls covered with soil. Until planted, all material shall be properly maintained to the satisfaction of the Landscape Architect.

C. Inspection

1. Inspection may be made before digging if the Landscape Architect directs, but no Plant Material shall be planted by the Contractor until inspected by the Landscape Architect at the site. All rejected material shall be immediately removed from the site and replaced with acceptable material at no additional cost. Final inspection shall be made upon completion of the contract.

1.6 Definitions

A. The following related items are included herein and shall mean:

1. AOAC: Association of Official Agricultural Chemists

2. ANLA: American Nursery and Landscape Association

1.7 Guarantee for Plantings

A. Plants shall be guaranteed for a period of one (1) year after inspection and acceptance and shall be alive and in satisfactory growth at the end of the guarantee period.

B. Each plant shall show at least 75% healthy growth and shall have the natural character of the plant of its species in accordance with American Nurserymen's Association Standards. Any plant that is unsatisfactory shall be removed from the site and replaced during the normal planting season.

C. All replacements shall be plants of the same kind and size specified in the Plant List. The cost shall be borne by the Contractor.


1.8 Examination of Conditions

A. All areas to be planted shall be inspected by the Contractor before starting work and any defects shall be reported to the Landscape Architect prior to beginning this work. The commencement of work by the Contractor shall indicate his acceptance of the areas to be planted and he shall assume full responsibility.

PART 2 - PRODUCTS

2.1 Topsoil (Loam Borrow)

A. Loam shall be a "fine sandy loam" or a "sandy loam" determined by mechanical analysis and based on the USDA classification system. It shall be of uniform composition, without admixture of subsoil. It shall be free of stones greater than one inch, lumps, plants and their roots, debris and other extraneous matter over one inch in diameter or excess of smaller pieces of the same materials. It shall not contain toxic substances harmful to plant growth. It shall be obtained from naturally well drained areas which have never been stripped before and have a history of satisfactory vegetative growth. Loam shall contain not less than 6% or more than 10% organic matter as determined by the loss on ignition of oven-dried samples. Test samples shall be oven-dried to a constant weight at a temperature of 230 F, plus or minus 9.

B. Loam shall have an acidity range of pH 6.0 to pH 6.5.

C. The amount of either sulfur or limestone required to adjust the planting loam to the proper pH range (above) shall be determined by the Landscape Architect on the basis of soil tests as specified herein.

2.2 Soil Additives

A. Commercial fertilizer, peat or other additives shall be used to counteract soil deficiencies as recommended by the soil analysis and as directed by the Landscape Architect.

1. Commercial fertilizer shall be a product complying with the State and United States Fertilizer Laws. Deliver to the site in the original unopened containers, which shall bear the manufacturer's Certificate of Compliance covering analysis, which shall be furnished to the Landscape Architect. At least 50% by weight of the Nitrogen content shall be derived from organic materials. Nitrogen shall be slow-release. Fertilizer shall contain the percentages of weight of ingredients as follows, or as recommended by the soil analysis when that is significantly different:

Nitrogen Phosphorus PotashFor all planting and lawn 10% 10% 10%

B. Ground dolomite limestone shall be an approved agricultural limestone containing not less than 85% of total calcium or magnesium carbonates. Limestone shall be ground to such fineness that 50% will pass through a 100 mesh sieve and 90% will pass through a 20 mesh sieve.

C. Leaf compost shall be composed of the partly decomposed stems and leaves of any or several species of sphagnum moss. It shall be free from wood, decomposed colloidal residue and other foreign matter. It shall have an acidity range of 3.5 pH to 5.5 pH as determined in accordance with the methods of testing of A.O.A.C., latest edition. Its water absorbing ability shall be a minimum of 1,100% by weight on an oven-dry basis.

2.3 Plant Materials

A. The Contractor shall furnish and plant all plants shown on the Drawings, as specified, and in quantities as indicated in the drawings. No substitutions will be permitted. All plants shall be nursery grown.

B. Plants shall be in accordance with the USA Standard for Nursery Stock of the American Nursery and Landscape Association, latest edition.

C. All plants shall be typical of their species or variety and shall have a normal habit of growth and be legibly tagged with the proper name. Only plant stock grown within the hardiness Zones 3 through 6, as established by the United


States Department of Agriculture, will be accepted. The Contractor's suppliers must certify in writing that the stock has actually been grown under Zone 6 or hardier conditions. Plants not so certified will not be accepted.

D. Plants delivered by truck and plants requiring storage on site shall be properly wrapped and covered to prevent wind- drying and desiccation of branches, leaves or buds; plant balls shall be firmly bound, unbroken, reasonably moist to indicate watering prior to delivery and during storage and shall be free from fresh scars and damage in handling. The Contractor shall reject such plants at time of delivery by the nursery/supplier unless such plants were selected by the Landscape Architect as indicated by tags and seals. No plant material from cold storage will be accepted.

2.4 Bark Mulch

A. Mulch shall be pine bark aged a minimum of six (6) months. The mulch shall be dark brown in color, free of chunks and pieces of wood thicker than one-quarter inch (1/4"). Mulch must be free of stringy material over three inches (3") in length and shall not contain, in the judgment of the Landscape Architect, an excess of fine particles. Mulch shall be 98% organic matter with the pH range of 3.5 to 4.5. Moisture content of packaged material shall not exceed 35%. Submit sample for the Landscape Architect's approval.

2.5 Water

A. The Contractor shall be responsible to furnish water to the site at no extra cost. All work injured or damaged due to the lack of water, or the use of too much water, shall be the Contractor's responsibility to correct. Water shall be free from impurities injurious to vegetation.

2.6 Slow Release Watering Bags

A. Furnish and install 20 Gallon slow release watering bags at all trees at the time of planting.

2.7 Tree Anchoring Materials

A. Stakes: For supporting trees shall be of sound wood uniform in size, reasonably free of knots, and capable of standing in the ground at least two years. Stakes shall be 2”x 2,” not less than eight feet in length and stained dark brown.

B. Arbor Ties: Utilize Arbortie by Deeproot, or approved equal, when staking and guying plant material.

2.8 Seed

A. Seed Material: Provide fresh, clean, new-crop seed complying with tolerance for purity and germination establish by Official Seed Analysis of North America. Seed shall be composed of the following varieties that shall be mixed in the proportions stated and shall test to minimum percentages of purity and germination. Deliver seed in fully labeled, standard, sealed containers. Seed that has become wet, moldy, or otherwise damaged, will not be accepted.

Common NameProportion By

Percent Purity

Percent Germination

Cochise IV Fescue 80% 95% 90%

Fiesta 4 Perennial Ryegrass 10% 95% 90%

Impact Kentucky Bluegrass 10% 85% 90%

1. All varieties shall be within the top 50 percent and 25 percent respectively, of varieties tested in National Turfgrass Evaluation Program, or currently recommended as low maintenance varieties by University of Massachusetts or the University of Rhode Island.

2. Seeding rate for the seed mix shall be 6 pounds per 1,000 square feet.

2.9 Wood Fiber Mulch


A. Wood Fiber Mulch: shall be derived from natural, clean, whole woodchips. Fiber shall not be produced from recycled material such as sawdust, paper, or cardboard fiber. It shall be dyed green to contrast with the soil on which it is to be applied. Fiber shall have a water holding capacity of not less than 31.5 ounces of water per 3.5 ounces of fiber. The rate of application for wood fiber mulch shall be in accordance with manufacturer's guidelines.

2.10 Pesticides

A. Provide pesticides as needed for to control fungus, insects and plant disease. All chemicals and insecticides shall be approved by the Massachusetts Department of Food and Agriculture for the intended uses and application rates.

B. Provide post emergent crab grass control throughout the maintenance period to ensure a germinated and mown lawn free of crab grass.

PART 3 - EXECUTION

3.1 Topsoil (Loam Borrow)

A. Loosen subgrade to a friable, well-drained state, and spread topsoil throughout planting areas at the depth indicated on the Drawings.

B. Incorporate soil amendments to the full-depth of topsoil in accordance with the independent testing laboratory’s recommendations.

C. Fine grade planting and lawn areas to the grades indicated on the drawings.

D. All existing lawn areas disturbed by this project shall be loamed and seeded.

3.2 Planting

A. Season for Planting

1. Spring: Between April 1 – June 15. Fall: September 1 – November 15. Contractor shall request approval in writing from the Landscape Architect to install plant material outside of above stated dates.

B. Location for all plants and outlines for planting areas shall be staked on the ground by the Contractor for approval by the Landscape Architect before any planting holes or plant beds are dug. In the event that rock or underground construction work or obstructions are encountered in any planting hole or bed excavation work to be done under this Contract, alternate locations may be selected by the Landscape Architect.

C The Contractor shall take special care to insure that the plant material is not planted too deeply by removing burlap and soil mounded around the base of the plant, at the top of the rootball, to expose the trunk flare. A measurement shall be taken from the trunk flare to the bottom of the root ball. This measurement shall be the depth of the planting hole.

D. The plants shall be set at the center of the holes with trunk flare level to, or 1” – 2” above, finish grade. Once plant is set in planting pit, the Contractor shall remove the top 12” minimum, of wire basket and all visible rope and burlap.

E. Hole shall be backfilled in layers of loam not more than nine inches and each layer watered sufficiently to settle before the next layer is put into place. Do not place any subsoil, sod or waste materials in planting hole.

F. Each tree and shrub shall be pruned in accordance with National Arborist Association Standards to preserve the natural character of the plant. Remove all tags, labels and dead or broken branches

G. All plants shall be flooded with water twice within the first 24 hours of the time of planting and all plants during the maintenance period shall be watered at least twice each week. At each watering the soil around each plant shall be thoroughly saturated. If sufficient moisture is retained in the soil, the required watering may be reduced.

H. Staking of newly planted trees shall be performed directly after they are planted. Trees of 3-inch caliper or under, require staking only as needed to hold the tree plumb. All trees of 3-inch caliper and over shall be staked. Support


ties shall allow tree to move and sway, but be able to return the trunk to a plumb and true position. Contractor shall adjust staking as frequently as needed during the maintenance period.

I. Mulch material shall be placed in a 3 foot saucer around each tree to a depth of three inches (3") after settlement, not later than one (1) week after planting. No mulch shall be applied prior to the first watering of plant materials. Mulch shall be pulled back three inches (3”) from trees.

J. Absolutely no debris may be left on the site. Excavated material shall be removed as directed by the Landscape Architect. Repair any damage to site or structures to restore them to their original condition as directed by the Landscape Architect, at no cost to the Owner.

3.3 Bark Mulch

A. Contractor shall install approved bark mulch material to the limits and depths shown on the Drawings and specified herein.

1. Apply 1” layer of leaf compost topdressing prior to installation of bark mulch.

3.4 Seeding

A. Contractor shall obtain Landscape Architect’s approval of fine grading before doing any seeding work.

B. Seeding shall be done immediately after fine grading provided the seedbed has remained in a friable condition and has not become muddy or hard. If it has become hard, it shall be tilled to a friable condition and fine graded again.

C. The season for seeding shall be from April 1 to June 15 and from August 15 to October 15. The actual planting of seed shall be done, however, only during periods within this season which are normal for such work as determined by weather conditions and by accepted practice in this locality. To prevent loss of soil via water and wind erosion and to prevent the flow of sediment, fertilizer, and pesticides onto roadways, sidewalks, and into catch basins, seed loam areas within 5 Days of spreading the topsoil.

D. Sow seed using a spreader or hydroseeder. Do not seed when wind velocity exceeds 5 miles per hour. Distribute seed evenly over entire area by sowing equal quantity of seed specified or scheduled. Apply seed at one half the rate in two directions at right angles to each other. Roll the seeded areas lightly and water with a fine spray.

1. After the grass has germinated, all areas and parts of areas that fail to show a uniform stand of grass, for any reason whatsoever, shall be reseeded and such areas and parts of areas shall be reseeded repeatedly until all areas are covered with a uniform germination.

2. Install straw mulch at areas seeded by spreader and cellulose fiber mulch at areas seeded by hydroseeder. Install mulch immediately after fine grading topsoil and seeding.

E. Hydroseed with wood cellulose fiber mulch at a rate of 46 pounds per 1,000 square feet or 2000 pounds per acre. For the hydroseeding process, a mobile tank with a capacity of at least 500 gallons shall be filled with water and the mixture noted above in the specified proportions. The resulting slurry shall be thoroughly mixed by means of positive agitation in the tank. Apply the slurry by a centrifugal pump using the hose application techniques from the mobile tank. Only hose application shall be permitted. At no time shall the mobile tank or tank truck be allowed onto the prepared hydroseed beds. The hose shall be equipped with a nozzle of a proper design to ensure even distribution of the hydroseeding slurry over the area to be hydroseeded and shall be operated by a person skilled with this type of seeding operation.

3.5 Maintenance of New Plants

A. Maintenance shall begin immediately after each area is planted and shall continue for a minimum of sixty (60) days or until the final acceptance of planting.

B. Maintenance shall consist of keeping the plants in a healthy growing condition and shall include watering, weeding, cultivating, remulching, tightening and repairing of guys, removal of dead material, resetting plants to proper grades or upright position and maintaining the planting saucer.


1. All plants during the maintenance period shall be watered at least twice each week. At each watering the soil around each tree shall be thoroughly saturated. If sufficient moisture is retained in the soil, as determined by the Landscape Architect, the required watering may be reduced.

2. Individual tree pits shall be kept free of weeds, and mulch shall be replaced as required to maintain a three inch (3") layer of mulch. Beds and individual pits shall be neat in appearance and maintained to the lines originally laid out.

3. Plants that die during the maintenance period shall be replaced as directed by the Landscape Architect.

4. Spraying for both insect pests and diseases shall be included during the maintenance period as required and as directed by the Landscape Architect. Pesticide application must be performed only by a licensed pesticide applicator and only after notification and approval from the City of Newton.

5. A second application of fertilizer, as specified herein, shall be applied approximately 6 weeks after the plant material has been installed as directed by the Landscape Architect. Fertilizer shall be applied at the rate of 10 pounds per 1,000 square feet.

6. Tree watering bags shall be installed immediately following planting and refilled daily during days that are above 75 degrees Fahrenheit.

C. Protection: Planting areas and plants shall be protected against trespassing and damage of any kind. This shall include the provision and installation of approved temporary fencing if necessary. If any plants become damaged or injured by vandalism or neglect prior to provisional acceptance, the Contractor shall treat or replace them at his own expense.

3.6 Lawn Maintenance

A. The Contractor shall maintain all seeded lawn areas immediately after any area is seeded until an acceptable uniform germination has been achieved and the lawn has reached 3 to 4 inches in height. The Contractor is responsible for the initial establishment of new seedings and to request the Landscape Architect’s approval at least 2 weeks prior to the first mowing. A level of maintenance not meeting the requirements for proper turfgrass establishment may require the maintenance period to be extended as determined by the Landscape Architect

B. Maintenance shall consist of watering, weeding, mowing, repair of ruts and erosion, repair of protective devices and reseeding.

C. Watering: The Contractor shall include in his base bid costs for daily and, if necessary, continuous watering of all grass areas during a normal eight hour working day to maintain the seed bed in a continuous moist condition satisfactory for good germination and turfgrass development. Control weeds as necessary to maintain grass at 98% weed free.

D. Maintenance shall include all temporary protection fences, barriers and signs and all other work, tools and equipment incidental to proper maintenance.

E. The Contractor shall be responsible for all maintenance of lawns necessary to establish a uniform germination of the specified grasses. Scattered bare spots, none of which are larger than 72 square inches, will be allowed up to a maximum of 2% of any lawn area.

F. The Contractor shall be responsible for providing mowing and maintenance of areas made inaccessible to owner during construction, including areas outside of the Limit of Work line.

3.7 Cleaning and Protection

A. During operations, keep pavements clean and work area in an orderly condition. Protect lawns from damage by other contractors and trades and trespassers. After completion of the work, the Contractor shall remove all debris, materials, rubbish, excess dirt, etc. from the site and dispose of them in a legal manner. The premises shall be left clean and presentable to the satisfaction of the Architect.

END OF SECTION

FEDERAL DAVIS-BACON LABOR STANDARDS AND PREVAILING WAGES

FEDERAL LABOR STANDARDS COMPLIANCE

Construction contracts using any portion of Community Development Block Grant funds that exceeds$2,000, are subject to Federal Davis-Bacon Labor Standards and Minimum Wage Rates.

A number of documents must be submitted to the Newton Community Development Program in order to comply with federal regulations for projects receiving more than $2,000 in Community Development Block Grant funding. Contractors and subcontractors will comply with the heretofore guidelines as outlined in the regulations and forms and submit appropriate documentation on a regular basis. Failure to provide the necessary documentation may delay payment to the contractor or subcontractor.

All or portions of the work to be performed under this contract is being financed with Federal assistance under Title I of the Housing and Community Development act of 1974, as amended. The following parts are hereby included and made a part of this Solicitation and Contract. Whenever the provisions of these Federal clauses differ from any other provisions of this contract, the Federal provisions shall prevail, except in the case of minimum wage rates where the higher of the Federal or State Wage Determination shall prevail.

Federal Labor Standards ProvisionsU.S. Department of Housing and Urban Development Office of Labor Relations

ApplicabilityThe Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers.

(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)

(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis- Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)

(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.)

(b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(ii)(b).

(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,

the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph.

7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.

10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of

the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.

(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000.

(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.

(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91- 54, 83 Stat 96). 40 USC 3701 et seq.

(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

form HUD-4010 (06/2009)ref. Handbook 1344.1

Previous edition is obsolete

TITLE 29—LABORSUBTITLE A—OFFICE OF THE SECRETARY OF LABOR

PART 3—Contractors and Subcontractors on Public Building or Public Work Financed In Whole or In Part by Loans or Grants from the United States

Sec.3.1 Purpose and scope.3.2 Definitions.3.3 Weekly statement with respect to payment of wages.3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.3.6 Payroll deductions permissible with the approval of the Secretary of Labor.3.7 Applications for the approval of the Secretary of Labor.3.8 Action by the Secretary of Labor upon applications.3.9 Prohibited payroll deductions.3.10 Methods of payment of wages.3.11 Regulations part of contract.

AUTHORITY: R.S. 161, sec. 2, 48 Stat. 848; Reorg. Plan No. 14 of 1950, 64 Stat. 1267; 5 U.S.C. 301; 40 U.S.C. 3145;Secretary's Order 01-2008; and Employment Standards Order No. 2001-01. SOURCE: 29 FR 97, Jan. 4, 1964, unless otherwise noted.

Section 3.1 Purpose and Scope.This part prescribes “anti-kickback” regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work.

Section 3.2 Definitions.As used in the regulations in this part:

(a) The terms “building” or “work” generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished) is not a “building” or “work” within the meaning of the regulations in this part.

(b) The terms “construction,” “prosecution,” “completion,” or “repair” mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor.

(c) The terms “public building” or “public work” include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency.

(d) The term “building or work financed in whole or in part by loans or grants from the United States” includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term includes building or work for which the Federal assistance granted is in the form of loan guarantees or insurance.

(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from

the United States is “employed” and receiving “wages,” regardless of any contractual relationship alleged to exist between him and the real employer.

(f) The term “any affiliated person” includes a spouse, child, parent, or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or agent of such corporation.

(g) The term “Federal agency” means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. [29 FR 97, Jan. 4, 1964, as amended at 38 FR 32575, Nov. 27, 1973]

Section 3.3 Weekly statement with respect to payment of wages.(a) As used in this section, the term employee shall not apply to persons in classifications higher than that of laborer or

mechanic and those who are the immediate supervisors of such employees.(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or

public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by this part 3 and part 5 of this title during the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall be on the back of Form WH 347, “Payroll (For Contractors Optional Use)” or on any form with identical wording. Copies of Form WH 347 may be obtained from the Government contracting or sponsoring agency or from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site.

(c) The requirements of this section shall not apply to any contract of $2,000 or less.(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations,

variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. [29 FR 97, Jan. 4, 1964, as amended at 33 FR 10186, July 17, 1968; 47 FR 23679, May 28, 1982; 73 FR 77511, Dec. 19, 2008]

Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.(a) Each weekly statement required under Sec. 3.3 shall be delivered by the contractor or subcontractor, within seven days

after the regular payment date of the payroll period, to a representative of a Federal orState agency in charge at the site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor.

(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor.

(Reporting and recordkeeping requirements in paragraph (b) have been approved by the Office of Management and Budget under control number 1215-0017) [29 FR 97, Jan. 4, 1964, as amended at 47 FR 145, Jan. 5, 1982]

Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor:

(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes.

(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A “bona fide prepayment of wages” is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds.

(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor, or any affiliated person, or when collusion or collaboration exists.

(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standardsare met:

(1) The deduction is not otherwise prohibited by law;(2) It is either:(i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such

consent is not a condition either for the obtaining of or for the continuation of employment, or(ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of

its employees;(3) No profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated

person in the form of commission, dividend, or otherwise; and(4) The deductions shall serve the convenience and interest of the employee.(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized

by the employee.(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized

and operated in accordance with Federal and State credit union statutes.(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-

governmental agencies, such as the American Red Cross.(h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United

Givers Funds, and similar charitable organizations.(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments:

Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law.

(j) Any deduction not more than for the ``reasonable cost'' of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and part 531 of this title. When such a deduction is made the additional records required under Sec. 516.25(a) of this title shall be kept.

(k) Any deduction for the cost of safety equipment of nominal value purchased by the employee as his own property for his personal protection in his work, such as safety shoes, safety glasses, safety gloves, and hard hats, if such equipment is not required by law to be furnished by the employer, if such deduction is not violative of the Fair Labor Standards Act or prohibited by other law, if the cost on which the deduction is based does not exceed the actual cost to the employer where the equipment is purchased from him and does not include any direct or indirect monetary return to the employer where the equipment is purchased from a third person, and if the deduction is either

(1) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance; or

(2) Provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees. [36 FR 9770, May 28, 1971]

Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under Sec. 3.5. The Secretary may grant permission whenever he finds that:

(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise;

(b) The deduction is not otherwise prohibited by law;(c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the

work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and

(d) The deduction serves the convenience and interest of the employee.

Section 3.7 Applications for the approval of the Secretary of Labor.Any application for the making of payroll deductions under Sec. 3.6 shall comply with the requirements prescribed in the following paragraphs of this section:

(a) The application shall be in writing and shall be addressed to the Secretary of Labor.(b) The application need not identify the contract or contracts under which the work in question is to be performed. Permission

will be given for deductions on all current and future contracts of the applicant for a period of 1 year. A renewal of permission to make such payroll deduction will be granted upon the submission of an application which makes reference to the original application, recites the date of the Secretary of Labor's approval of such deductions, states affirmatively that there is continued compliance with the standards set forth in the provisions of Sec. 3.6, and specifies any conditions which have changed in regard to the payroll deductions. [36 FR 9770, May 28, 1971]

(c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of Sec. 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.

(d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made.

(e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. [29 FR 97, Jan. 4, 1964, as amended at 36 FR 9771, May 28, 1971]

Section 3.8 Action by the Secretary of Labor upon applications.The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Sec. 3.6; and shall notify the applicant in writing of his decision.

Section 3.9 Prohibited payroll deductions.Deductions not elsewhere provided for by this part and which are not found to be permissible under Sec. 3.6 are prohibited.

Section 3.10 Methods of payment of wages.The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act.

Section 3.11 Regulations part of contract.All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see Sec. 5.5(a) of this subtitle.

SCHEDULE OF PAPERWORK SUBMITTALS FOR CDBG FUNDED PROJECTS

PAPERWORK FREQUENCYContractor and Subcontractor Certification Once at the award of the contractWeekly Certified Payroll Reports (CPR) WeeklyStatement of Compliance Weekly with CPRDavis-Bacon Poster (WH – 1321) Posted During Project; site or in officeEqual Employment Opportunity is the Law Poster (EEOC-P/E-1)

Posted During Project; site or in office

Fair Employment Law Poster Posted During Project; site or in officeWage Summary Sheet Posted During Project; site or in office

PLEASE SEND REPORTS TO:

Danielle Bailey, Grants ManagerHousing and Community Development Division City of Newton1000 Commonwealth AvenueNewton, MA 02459(617) 796-1156(617) 796-1142 [email protected]

NEWTON CONTRACTOR AND SUBCONTRACTOR CERTIFICATION FORMS

Contractor and Subcontractor Certification forms must be submitted prior to the award of the contract.Failure to submit the following forms may delay payment to the contractor or subcontractor.

US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

CITY OF NEWTON CONTRACTOR’S CERTIFICATION

CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

A Contractor will not be eligible for award of a contract unless the following certification is submitted. The Contractor Certification Form is deemed a part of the resulting contract.

CERTIFICATION

:Contractor’s Name

1. Acknowledges that, having submitted a bid and/or executed a contract with the City of Newton for the construction of the previously-identified project:a. The Labor Standards provisions are included in the contract;b. Correction of any infractions of the Labor Standards, including infractions by any subcontractors and

any lower tier subcontractors, is the responsibility of the contractor.

2. Certifies that:a. Neither the contractor nor other firm, corporation, partnership or association in which the contractor

has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor (29 CFR, part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 USC 276a-9(a)).

b. No part of the aforementioned contract has been or will be subcontracted to any subcontractor is such subcontractor or any firm, corporation, partnership or association in which the subcontractor has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor (29 CFR, part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 USC 276a-9(a)).

3. Agrees to obtain and forward to the City of Newton within ten days after the execution of any subcontract, including those executed by subcontractors and any lower tier subcontractors, a Subcontractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.

4. Certifies that:a. The legal name, business address, ID # and kind of business of the undersigned are:

Business Name:

Business Address:

Federal ID #:

Kind of Business (circle one):

a) A Corporation Organized in the State ofb) A Single Proprietorshipc) A Partnershipd) Other Organization (describe):

b. The name, title and address of the owner, partners or officers of the undersigned are:

NAME TITLE ADDRESS

c. The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest (if none, so state):

NAME ADDRESS NATURE OF INTEREST

d. The names and addresses and trade classifications of all other building contractors in which the undersigned has a substantial interest (if none, so state):

NAME ADDRESS TRADE CLASSIFICATION

e. Intends to use the following job classifications in the work under the contract:

CONSTRUCTION JOB CLASSIFICATION

5. Will comply with the federal labor regulations, minority manpower ratio, and specific affirmative action steps contained herein.

Signature of authorized representative of contractor Date

Any contract for the provision of goods or services to the City of Newton or any of its departments is subject to the ordinance creating the Human Rights Commission, as it may be amended from time to time. Any complaints within the purview shall be sent to the Human Rights Commission; any complaints received by the contracting agency shall be forwarded to the contractor and a copy shall be sent to the Human Rights Commission.

US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

CITY OF NEWTON SUBCONTRACTOR’S CERTIFICATION

CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

A Subcontractor will not be eligible for award of a contract, unless such subcontractor has submitted the following certification. Prior to the award of any subcontract, regardless of tier, the prospective subcontractor must execute and submit to the Prime Contractor, the following certification, which is deemed a part of the resulting contract.

CERTIFICATION

:Subcontractor’s Name

1. Acknowledges that, having submitted a bid and/or executed a contract with the City of Newton for the construction of the previously-identified project:a. The Labor Standards provisions are included in the contract;b. Correction of any infractions of the Labor Standards, including infractions by any subcontractors and

any lower tier subcontractors, is the responsibility of the subcontractor.

2. Certifies that:a. Neither the subcontractor nor other firm, corporation, partnership or association in which the

subcontractor has substantial interest is designated as an ineligible subcontractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor (29 CFR, part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 USC 276a-9(a)).

b. No part of the aforementioned contract has been or will be subcontracted to any subcontractor is such subcontractor or any firm, corporation, partnership or association in which the subcontractor has substantial interest is designated as an ineligible subcontractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor (29 CFR, part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 USC 276a-9(a)).

3. Agrees to obtain and forward to the City of Newton within ten days after the execution of any subcontract, including those executed by subcontractors and any lower tier subcontractors, a Subcontractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.

4. Certifies that:a. The legal name, business address, ID # and kind of business of the undersigned are:

Business Name:

Business Address:

Federal ID #:

Kind of Business (circle one):

a) A Corporation Organized in the State of b) A Single Proprietorshipc) A Partnershipd) Other Organization (describe):

b. The name, title and address of the owner, partners or officers of the undersigned are:

NAME TITLE ADDRESS

c. The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest (if none, so state):

NAME ADDRESS NATURE OF INTEREST

d. The names and addresses and trade classifications of all other building contractors in which the undersigned has a substantial interest (if none, so state):

NAME ADDRESS TRADE CLASSIFICATION

e. Intends to use the following job classifications in the work under the contract:

CONSTRUCTION JOB CLASSIFICATION

5. Will comply with the federal labor regulations, minority manpower ratio, and specific affirmative action steps contained herein.

Signature of authorized representative of contractor Date

Any contract for the provision of goods or services to the City of Newton or any of its departments is subject to the ordinance creating the Human Rights Commission, as it may be amended from time to time. Any complaints within the purview shall be sent to the Human Rights Commission; any complaints received by the contracting agency shall be forwarded to the contractor and a copy shall be sent to the Human Rights Commission.

FEDERAL STATEMENT OF COMPLIANCE AND PAYROLL FORM

Construction contracts utilizing Community Development Block Grant funding exceeding $2,000 are subject to Federal Labor Standards.

Contractors and subcontractors are required to prepare weekly payroll reports listing their employees’ names, social security numbers and home address and the hours they work on the City’s Community Development Projects. The payroll reports may be submitted every week, but must be submitted at least monthly with an accompanying federal Statement of Compliance for each week of work.

The contractors and subcontractors may submit their company’s standard payroll form as long as it contains all the information required on for WH-347 (included) but each payroll must be accompanied by the federal Statement of Compliance (included).

Subcontractors should submit payroll forms to the prime contractor. The prime contractor will submit the forms to Community Development. The contractor is responsible for ensuring full compliance from all subcontractors, including the collection of all required documentation and submitting it to the Labor Compliance Officer.

U.S. Department of Labor PAYROLLWage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)

Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev. Dec. 2008

NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.: 1235-0008Expires: 02/28/2018

PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.

(1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9)(8)

DEDUCTIONS

NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL

SECURITYNUMBER) OF WORKER

WORK CLASSIFICATION HOURS WORKED EACH DAY

TOTAL HOURS

RATE OF PAY

GROSS AMOUNTEARNED FICA

WITH- HOLDING

TAX OTHERTOTAL

DEDUCTIONS

NET WAGES

PAIDFOR WEEK

O

S

O

S

O

S

O

S

O

S

O

S

O

S

O

S

While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act(40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.

Public Burden Statement

We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.Washington, D.C. 20210

(over)

NO

. OF

W

OT.

OR

EXCEPTION (CRAFT) EXPLANATION

REMARKS:

NAME AND TITLE SIGNATURE

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR ORSUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.

Date

I,

(Name of Signatory Party) (Title)

do hereby state:

(1) That I pay or supervise the payment of the persons employed by

(b) WHERE FRINGE BENEFITS ARE PAID IN CASH

Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below.

on the(Contractor or Subcontractor)

; that during the payroll period commencing on the(Building or Work)

day of , , and ending the day of , ,

all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said

from the full(Contractor or Subcontractor)

weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:

(2) That any payrolls otherwise under this contract required to be submitted for t he above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed.

(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.

(4) That:(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS

in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.

(c) EXCEPTIONS

Instructions for Completing Payroll Form WH-347

(Form WH-347, OMB Control No. 1235-0008, Expires 02/28/2018)

General: Form WH-347 has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts.

While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis- Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.

Under the Davis-Bacon and related Acts, the contractor is required to pay not less than prevailing wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits.

This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the statement of compliance on the payroll (as shown on page 2) that he/she is paying for fringe benefits required by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation of the payroll follow:

Contractor or Subcontractor: Fill in your firm's name and check appropriate box.

Address: Fill in your firm's address.

Payroll No.: Beginning with the number "1", list the payroll number for the submission.

For Week Ending: List the workweek ending date.

Project and Location: Self-explanatory.

Project or Contract No.: Self-explanatory.

Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted.

Column 2 - No. of Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5.

Column 3 - Work Classifications: List classification descriptive of work actually performed by each laborer or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. An individual may be shown as having worked in more than one classification provided an accurate breakdown or hours worked in each classification is maintained and shown on the submitted payroll by use of separate entries.

Column 4 - Hours worked: List the day and date and straight time and overtime hours worked in the applicable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in excess of 40 hours a week as "overtime".

Column 5 - Total: Self-explanatory

Column 6 - Rate of Pay (Including Fringe Benefits): In the "straight time" box for each worker, list the actual hourly rate paid for straight time worked, plus cash paid in lieu of fringe benefits paid. When recording the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic rate. For example, "$12.25/.40" would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. When overtime is worked, show the overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each worker; otherwise, you may skip this box. See "Fringe Benefits" below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962 if the prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the classification which an individual works, the contractor must pay amounts predetermined as fringe benefits in the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay as cash in lieu of fringe benefits. See "FRINGE BENEFITS" below.

Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of a worker's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus "$163.00/$420.00" would reflect the earnings of a worker who earned $163.00 on a Federally assisted construction project during a week in which $420.00 was earned on all work.

Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deduction are involved, use the first four columns and show the balance deductions under "Other" column; show actual total under "Total Deductions" column; and in the attachment to the payroll describe the deduction(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs in addition to this project, show actual deductions from his/her weekly gross wage, and indicate that deductions are based on his gross wages.

Column 9 - Net Wages Paid for Week: Self-explanatory.

Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires.

Statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be notarized, the statement (on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. §

1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true.

Items 1 and 2: Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See"FRINGE BENEFITS" below for instructions concerning filling out paragraph 4 of the statement.

Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits: If paying all fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH-347 payroll form to indicate the payment. Note any exceptions in section 4(c).

Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the application wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits in cash directly to the workers. Note any exceptions in section 4(c).

Use of Section 4(c), ExceptionsAny contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amountpaid each worker as cash in lieu of fringe benefits and the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate.

Public Burden Statement: We estimate that it will take an average of 55 minutes to complete this collection of information, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection of information, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.,Washington, D.C. 20210.

WAGE RATE AND EQUAL EMPLOYMENT OPPORTUNITY POSTINGS

Construction contracts utilizing Community Development Block Grant funding exceeding $2,000 are subject to Federal Labor Standards.

Contractors are required to post wage rates in a prominent place at the work site or in their office so employees can easily and frequently read the wage rates. Contractors are required to post at least the Wage Summary and make the full wage decision immediately available to any employee upon request.

Contractors are required to post the Equal Employment Opportunity is the Law Poster (EEOC-P/E-1), the Massachusetts Fair Employment Law poster, as well as the Davis-Bacon Poster (WH – 1321) in a prominent place at the work site or in their office allowing employees to read the material easily.

THE Equal Employment Opportunity is

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations

Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGINTitle VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship.

DISABILITYTitle I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and otheraspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship.

AGEThe Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment.

SEX (WAGES)In addition to sex discrimination prohibited by Title VII of the Civil Rights

Act, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.

GENETICSTitle II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members.

RETALIATIONAll of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.

WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURREDThere are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected:The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at www.eeoc.gov orin most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at www.eeoc.gov.

Employers Holding Federal Contracts or SubcontractsApplicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following

bases:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGINExecutive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.INDIVIDUALS WITH DISABILITIESSection 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, andother aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANSThe Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within

three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded).RETALIATIONRetaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately:The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C.20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also becontacted by e-mail at [email protected], or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

Programs or Activities Receiving Federal Financial Assistance

RACE, COLOR, NATIONAL ORIGIN, SEX INDIVIDUALS WITH DISABILITIESIn addition to the protections of Title VII of the Civil Rights Act of 1964, as Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of disability in any program or activity which receives discrimination on the basis of race, color or national origin in programs or Federal financial assistance. Discrimination is prohibited in all aspects of activities receiving Federal financial assistance. Employment discrimination employment against persons with disabilities who, with or without reasonableis covered by Title VI if the primary objective of the financial assistance is accommodation, can perform the essential functions of the job. provision of employment, or where employment discrimination causes or maycause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment

discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.

If you believe you have been discriminated against in a program of anyinstitution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement EEOC-P/E-1 (Revised 11/09)

FAIR EMPLOYMENT IN MASSACHUSETTSApplicants to and employees of private employers with 6 or more employees*, state and local governments,

employment agencies and labor organizations are protected under Massachusetts General Laws Chapter 151B from discrimination on the following bases:

RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, SEX, GENDER IDENTITY, SEXUAL ORIENTATION, GENETIC INFORMATION, ANCESTRY, MILITARY SERVICEM.G.L. c. 151B protects applicants and employees from discrimination in hiring, promotion, discharge, compensation, benefits, training, classification and other aspects of employment on the basis of race, color, religion, national origin (including unlawful language proficiency requirements), age (if you are 40 years old or older), sex (including pregnancy), gender identity, sexual orientation, genetic information, ancestry, and military service. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose an undue hardship.

HARASSMENTSexual harassment includes sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with a person’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. The law also prohibits harassment based on the protected classes set forth above.

PARENTAL LEAVEThe law requires employers to grant an employee who has completed an initial probationary period and has given two (2) weeks’ notice of the anticipated date of departure and the employee’s intention to return, at least eight (8) weeks of paid or unpaid leave for the purpose of childbirth, adoption of a child under 18, or adoption of a child under 23 years old if the child has a mental or physical disability.

DISABILITYM.G.L. c. 151B prohibits discrimination the basis of disability, a record of disability or perceived disability, in hiring, promotion, discharge, compensation, benefits, training, classification and other aspects of employment. Disability discrimination may include failing to reasonably accommodate an otherwise qualified person with a disability.

RETALIATIONIt is illegal to retaliate against any person because s/he has opposed any discriminatory practices or because s/he has filed a complaint, testified, or assisted in any proceeding before the Commission. It is also illegal to aid, abet, incite, compel or coerce any act forbidden under M.G.L. c. 151B, or attempt to do so.

DOMESTIC WORKERSM.G.L. c. 151B prohibits discrimination and harassment against certain domestic workers where the employer has one (1) or more employee.* While some exclusions apply, domestic workers generally include individuals paid to perform work of a domestic nature within a household on a regular basis, such as housekeeping, housecleaning, nanny services, and/or caretaking. Employers are prohibited from engaging in sexual harassment and harassment and/or discrimination based on the protected classes described above, i.e. race, color, etc. Domestic workers are also entitled to parental leave.

CRIMINAL HISTORY INQUIRIESThe law prohibits employers from asking applicants on an initial employment application for any criminal background information unless an exemption by statute or regulation exists.

MENTAL HEALTH FACILITY ADMISSION INQUIRIESEmployers may not refuse to hire or terminate an employee for failing to furnish information regarding his/her admission to a facility for the care and treatment of mentally ill persons. An employment application may not seek information about an applicant’s admission to such a facility.

IF YOU HAVE BEEN DISCRIMINATED AGAINSTIf you feel you have been harassed or discriminated against, you should immediately file a charge of discrimination with the Massachusetts Commission Against Discrimination, www.mcad.gov, at one of the offices below.

An agreement with your employer to arbitrate your discrimination claim(s) does not bar you from filing a charge of discrimination.

Boston Office: 1 Ashburton Pl., Suite 601, Boston, MA 02108 – P: 617-994-6000 F: 617-994-6024New Bedford Office: 800 Purchase St., Room 501, New Bedford, MA 02740 – P: 508-990-2390 F: 508-990-

4260 Springfield Office: 436 Dwight St., Room 220, Springfield, MA 01103 – P: 413-739-2145 F: 413-784-1056Worcester Office: 484 Main St., Room 320, Worcester, MA 01608 – P: 508-453-9630 F: 508-755-

3861 For more information, please see our website: www.mass.gov/mcad/Rev. 4/7/2015

Direct Phone,(61a 7f6-1156

EMPLOYEE GHTSUNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS

EMPLOYED 0N FEDERAL 0R FEDERALLY ASSISTED CONSTRUCTION

PROJECTSTHE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

PREVAILING WAGES

OVERTIME

ENFORCEMENT

APPRENTICES

PROPER PAY

You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform.

You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.

Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.

Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.

If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:

Fb 6y’ne6o4a.gov ”’ "

or contact the U.S. Department of Labor’s Wage and Hour Division.

For additional information:

1-866-&USWA6E(1-866-487-9243) TTY: 1-877-889-5627

W¥fW.WA6EH0UR.DOL.60VU.S. Department of Labor Employment Standards Administration Wage and Hour Division

Newton Community Development ProgramLABOR COMPLIANCE/PREVAILING WAGES

Project Name: Pellegrini Park Wall Improvements Rates Last Modified: August 18, 2017

WAGE SUMMARY(Heavy)

Job Classification Federal Wage Rate and FringesBricklayer/Plasterer: $50.76 + $30.34Cement Mason/Concrete Finisher $40.00 + $33.91Carpenters: $37.80 + $27.40Electricians: $48.33 + $31.17Iron Workers: $43.73 + $30.35Laborers: (see wage determination for more detailed group definitions)

Group 1: Laborer, Cement Finisher Tender $31.65 + $21.30 Group 2: Asphalt Raker, Drill Operator, Mason Tender $31.90 + $21.30 Group 3: Air track operator, Curb Setter, Block Paver $32.40 + $21.30‐ Group 4: Blaster, Powdermen $32.65 + $21.30Group 5: Flagger $20.50 + $21.30

Line Construction:Cableman $44.35 + $24.66 + AEquipment Operator $37.70 + $21.58 + AGroundman $24.39 + $ 9.96 + ALineman $44.35 + $24.66 + A

Millwright: $38.62 + $29.50Painters:

Brush, Taper‐ Repaint $35.92 + $28.10Spray, Sandblast‐ Repaint $37.32 + $28.10Brush, Taper‐ New Construction $37.86 + $28.10Spray, Sandblast‐ New Construction $39.26 + $28.10

Piledriverman: $42.04 + $29.73Plumber: $52.44 + $28.38Power Equipment Operators: (see wage determination for more groups and detailed group definitions)

Group 1: Backhoes, Cranes, Loaders, Front end Loaders $46.38 + $26.15 +A‐ Group 2: Graders, Mechanics, Rollers, Jack Hammers $45.93 + $26.15 + A Group 3: Pumps, Concrete Mixers $31.86 + $26.15 + A

Truck Drivers: (see wage determination for more detailed group definitions)

Group 1: Pickup Trucks, Panel Trucks $31.98 + $21.96 + A + B Group 2: Two Axle Equipment; Forklift Operator $32.15 + $21.96 + A + B Group 3: Three Axle Equipment $32.22 + $21.96 + A + B

Wrecking Laborers: (more wrecking laborer categories in wage determination)

Group 1: Adzeman, Wrecking Laborer $36.00 + $22.45Group 2: Burners, Jackhammers $36.75 + $22.45 Group 3: Backhoes, Bobcat type Loaders, Concrete Cutting Saws ‐ $37.00 + $22.45

This is a SAMPLING of job classifications and corresponding wage rates for your project. A full listing of classifications, rates, and details is contained herein. When using a combination of funds from federal, state, and/or local sources, the HIGHER of the Federal or State Wage will prevail when calculating minimum rates for employees.

General Decision Number: MA170013 08/18/2017 MA13

Superseded General Decision Number: MA20160013

State: Massachusetts

Construction Types: Heavy (Heavy and Marine)

Counties: Barnstable, Bristol, Dukes, Essex, Middlesex, Nantucket, Norfolk, Plymouth and Suffolk Counties in Massachusetts.

HEAVY AND MARINE CONTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contractssubject to the Davis Bacon Act for which the contract is ‐awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for allhours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date0 01/06/20171 01/13/20172 02/03/20173 03/03/20174 03/17/20175 04/14/20176 05/05/20177 05/12/20178 05/26/20179 06/02/201710 06/09/201711 06/16/201712 07/07/201713 07/28/201714 08/04/201715 08/18/2017

BOIL0029 001‐ 01/01/2017

Rates Fringes

BOILERMAKER......................$ 42.42 24.92‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

BRMA0001 011 03/01/2017‐

FOXBORO CHAPTER

BRISTOL (Attleboro, Berkley, Dighton, Mansfield, North Attleboro, Norton, Raynham, Rehoboth, Seekonk, Taunton); NORFOLK, (Bellingham, Canton, Dedham, Foxboro, Franklin, Norfolk, Norwood, Plainville, Sharon, Walpole, Westrwood, Wrentham); and PLYMOUTH (Lakeville)

Rates Fringes

Bricklayer/Cement Mason..........$ 48.66 29.47‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐BRMA0001 012 03/01/2017‐

LOWELL CHAPTER

MIDDLESEX (Acton, Ashby, Ayer, Bedford, Billerica, Boxboro, Carlisle, Chemsford, Dracut, Dunstabale, Ft Devens, Groton, Littleton, Lowell, North Acton, Pepperell, Shirley, SouthActon, Tewksbury, Townsend, Tyngsboro, West Acton, Westford, Wilmington)

Rates Fringes

BRICKLAYER.......................$ 48.66 29.47‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐BRMA0001 013‐ 03/01/2017

LOWELL CHAPTERMIDDLESEX (Ashland, Framingham, Holliston, Hopkinton, Hudson, Maynard, Natick, Sherbvorn, Stow); and NORFOLK (Medfield, Medway, Millis)

Rates Fringes

BRICKLAYER.......................$ 48.66 29.47‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐BRMA0003 001‐ 04/01/2017

Rates Fringes

Marble & Tile Finisher...........$ 37.16 28.14Marble, Tile & Terrazzo Workers..........................$ 50.80 30.29TERRAZZO FINISHER................$ 49.70 30.12‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐BRMA0003 003‐ 03/01/2017

BOSTON CHAPTERMIDDLESEX (Arlington, Cambridge, Everett, Malden, Medford, Melrose, Somerville); NORFOLK (Brookline, Milton); and SUFFOLK

Rates Fringes

BRICKLAYER.......................$ 50.76 30.34‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐BRMA0003 011 03/01/2017‐

LYNN CHAPTER

ESSEX (Amesbury, Andover, Beverly, Boxford, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ipswich, Lawrence, Lynn, Lynnfield, Manchester, Marblehead,Merrimac, Methuen, Middleton, Nahant, Newbury, Newburyport, North Andover, Peabody, Rockport, Rowley, Salisbury, Salem, Saugus, Swampscott, Topsfield, Wakefield, Wenham, West Newbury); and MIDDLESEX (North Reading, Reading, Wakefield)

Rates Fringes

Bricklayer/Cement Mason..........$ 50.76 30.34‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐BRMA0003 012‐ 03/01/2017

Rates Fringes

BRICKLAYERWALTHAM CHAPTER ‐MIDDLESEX (Belmont, Burlington, Concord, Lexington, Lincoln, Stoneham, Sudbury, Waltham, Watertown, Wayland, Weston,Winchester, Woburn).........$ 50.76 30.34

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐BRMA0003 014 03/01/2017‐

QUINCY CHAPTER

PLYMOUTH COUNTY (Abington, Bridgewater, Brockton, Carver, Duxbury, East Bridgewater, Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Marshfield, Middleboro, Norwell, Pembroke, Plymouth, Rockland, Scituate, West Bridgewater, Whitman)

Rates Fringes

Bricklayer/Cement Mason..........$ 50.76 30.34

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐BRMA0003 025 03/01/2017‐

NEW BEDFORD CHAPTER

BARNSTABLE; BRISTOL (Acushnet, Darmouth, Fairhaven, Fall River, Freetown, New Bedford, Somerset, Swansea, Westport); DUKES; NANTUCKET; PLYMOUTH (Marion, Mattapoisett, Rochester, Wareham)

Rates Fringes

Bricklayer/Cement Mason..........$ 50.76 30.34‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐BRMA0003 033‐ 03/01/2017

NEWTON CHAPTERMIDDLESEX (Newton); NORFOLK (Dover, Needham, Wellesley)

Rates Fringes

Bricklayer, Plasterer............$ 50.76 30.34‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐CARP0026 003‐ 09/01/2016

BRISTOL (Attleborough, North Attleborough); ESSEX; MIDDLESEX (Except Belmont, Cambridge, Everett, Malden, Medford, Somerville); AND NORFOLK (Bellingham, Braintree, Canton, Cohassett, Foxboro, Franklin, Medfield, Medway, Millis, Needham, Norfolk, Norwood, Plainville, Quincy, Sharon, Walpole, Wellesley, Westwood, Weymouth, Wrentham) COUNTIES

Rates Fringes

CARPENTER........................$ 37.80 27.40‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐CARP0033 003‐ 09/01/2016

MIDDLESEX (Belmont, Cambridge, Everett, Malden, Medford, Somerville); NORFOLK (Brookline, Dedham, Milton); AND SUFFOLK COUNTIES

Rates Fringes

CARPENTER........................$ 44.73 27.85‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐CARP0056 001‐ 08/01/2015

All of SUFFOLK COUNTY; and those areas of BARNSTABLE, BRISTOL, ESSEX, MIDDLESEX, NORFOLK, and PLYMOUTH COUNTIES situated

INSIDE Boston Beltway (I 495) and North of Cape Cod Canal.‐ ALL of DUKES and NANTUCKET COUNTIES

Rates Fringes

PILEDRIVERMAN....................$ 42.04 29.73‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐CARP0056 002‐ 08/01/2015

The areas of BARNSTABLE, BRISTOL, PLYMOUTH, and NORFOLKCOUNTIES situated OUTSIDE Boston Beltway (I 495) and South‐ of Cape Cod Canal

Rates Fringes


Those areas of ESSEX and MIDDLESEX COUNTIES situated OUTSIDE Boston Beltway (I 495)‐

Rates Fringes


Rates Fringes

DIVER TENDER.....................$ 42.04 29.73DIVER............................$ 58.86 29.73‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐CARP0424 001‐ 09/01/2016

NORFOLK (Braintree, Quincy, Cohasset, Weymouth, etc.) PLYMOUTH (Duxbury, Hanover, Hull, Hingham, Marshfield, Norwell, Pembroke Rockland, Scituate)

Rates Fringes

CARPENTER........................$ 37.80 27.40‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐CARP0624 002 09/01/2016‐

DUKES; NANTUCKET

Rates Fringes

CARPENTER........................$ 44.73 27.85‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐CARP0624 006‐ 09/01/2016

BARNSTABLE; BRISTOL (Except Attleboro & North Attleboro); NORFOLK (Avon, Holbrook, Randolph, Stoughton); PLYMOUTH (Bridgewater, Kingston, Lakeville, Middleboro, Plymouth, S. Hanover, Whitman)

Rates Fringes

CARPENTER........................$ 37.80 27.40‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐CARP1121 001‐ 04/01/2017

Rates Fringes

MILLWRIGHT.......................$ 38.62 29.50‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ELEC0096 001‐ 06/01/2017

MIDDLESEX (Ashby, Ashland, Ayer, Ft. Devens, Groton, Hopkinton, Hudson, Marlboro, Pepperell, Shirley, Stow, Townsend)

Rates Fringes

ELECTRICIAN......................$ 41.97 11%+19.91Teledata System Installer........$ 28.78 22.89‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ELEC0099 001‐ 06/01/2017

BRISTOL (Attleboro, North Attleboro, Seekonk)

Rates Fringes

ELECTRICIAN......................$ 38.08 57.24%Teledata System Installer........$ 28.56 13.1%+13.76‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ELEC0103 002‐ 03/01/2017

ESSEX (Amesbury, Andover, Boxford, Georgetown, Groveland, Haverhill, Lawrence, Merrimac, Methuen, Newbury, Newburyport, North Andover, Rowley, Salisbury, West Newbury); MIDDLESEX (Bedford, Billerica, Boxboro, Burlington, Carlisle, Chelmsford, Dracut, Dunstable littleton, Lowell, North Reading, Tewksbury, Tyngsboro, Westford, Wilmington)

Rates Fringes

ELECTRICIAN......................$ 48.33 31.17

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ELEC0103 004‐ 03/01/2017

ESSEX (Beverly, Danvers, Essex, Gloucester, Hamilton, Ipswich, Manchester, Marblehead, Middleton, Peabody, Rockport, Salem, Topsfield, Wenham)

Rates Fringes

ELECTRICIAN......................$ 48.33 31.17‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ELEC0103 005‐ 03/01/2017

ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swampscott); MIDDLESEX (Acton, Arlington, Belmont, Cambridge, Concord, Everett, Framingham, Holliston, Lexington, Lincoln, Malden, Maynard, Medford, Melrose, Natick, Newton, Reading, Sherborn, Somerville, Stoneham, Sudbury, Wakefield, Waltham, Watertown, Wayland, Weston, Winchester, Woburn); NORFOLK (Bellingham, Braintree, Brookline, Canton, Cohasset, Dedham, Dover, Foxboro, Frankloin, Medfield, Medway, Millis, Milton, Needham, Norfolk, Norwood, Quincy, Sharon, Walpole, Wellesley, Westwood, Weymouth, Wrentham); PLYMOUTH (Hingham and Hull);SUFFOLK

Rates Fringes

ELECTRICIAN......................$ 48.33 31.17‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ELEC0104 001‐ 08/28/2016

Rates Fringes

Line Construction:Cableman....................$ 44.35 24.66+AEquipment Operator..........$ 37.70 21.58+A Groundman...................$ 24.39 9.96+ALineman.....................$ 44.35 24.66+A

A. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day and Columbus Day, provided the employee has been employed 5 working days prior to any one of the listed holidays.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ELEC0223 002‐ 09/01/2016

BARNSTABLE, BRISTOL (Except Attleboro, North Attleboro,Seekonk); DUKES; NANTUCKET; PLYMOUTH (Except Hingham and Hull Twps); NORFOLK (Avon, Halbrook, Randolph, Sloughton)

Rates Fringes

ELECTRICIAN......................$ 39.21 27.75%+10.60‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ENGI0004 009‐ 06/01/2017

Rates Fringes

Power equipment operators:Group 1.....................$ 46.38 26.15+AGroup 2.....................$ 45.93 26.15+AGroup 3.....................$ 31.86 26.15+AGroup 4.....................$ 38.49 26.15+AGroup 5.....................$ 23.47 26.15+AGroup 6.....................$ 27.54 26.15+A

HOURLY PREMIUM FOR BOOM LENGTHS (Including Jib):Over 150 ft. +2.12Over 185 ft. +3.72Over 210 ft. +5.23Over 250 ft. +7.92Over 295 ft. +10.97Over 350 ft. +12.76

FOOTNOTE FOR POWER EQUIPMENT OPERATORS:A. PAID HOLIDAYS: New Year's Day, Washington,s Birthday, Labor Day, Memorial Day, Independence Day, Patriot's Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day

POWER EQUIPMENT OPERATORS CLASSIFICATIONS [HEAVY CONSTRUCTION]GROUP 1: Power shovel; crane; truck crane; derrick; pile driver; trenching machine; mechanical hoist pavement breaker; cement concrete paver; dragline; hoisting engine; three drum machine; pumpcrete machine; loaders; shovel dozer; front end loader; mucking machine; shaft hoist; steam engine; backhoe; gradall; cable way; fork lift;cherry picker; boring machine; rotary drill; post hole hammer; post hole digger; asphalt plant on job site; concrete batching and/or mixing plant on job site; crusher plant on job site; paving concrete mixer; timber jackGROUP 2: Sonic or vibratory hammer; grader; scraper; tandem scraper; bulldozer; tractor; mechanic maintenance; York ‐rake; mulching machine; paving screed machine;stationary steam boiler; paving concrete finishing machine; groutpump; portable steam boiler; portable steam generator; roller; spreader; asphalt paver; locomotives or machines used in place thereof; tamper (self propelled or tractor‐draw); cal tracks; ballast regulator;rail anchor machine; switch tamper; tire truckGROUP 3: Pumps (1 3 grouped); compressor; welding machines ‐(1 3 grouped); generator; sighting plant; heaters‐ (power

driven, 1 5); syphon pulsometer; concrete mixer; valves ‐ ‐controlling permanent plant air steam, conveyor, wellpoint system (operating)

GROUP 4: Assitant engineer (fireman)GROUP 5: Oiler (other than truck cranes and gradalls) GROUP 6: Oiler (on truck cranes and gradalls)

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐IRON0007 001‐ 03/16/2017

AREA 1: BRISTOL (Easton); ESSEX (Beverly,Gloucester,Lynn, Lynnfield, Manchester,Marblehead, Nahant, Rockport, Salem, Saugus, Swampscott); MIDDLESEX (Arlington, Bedford, Belmont, Burlington, Cambridge, Carlisle, Concord, Dunstable, Everett, Framingham, Lexington, Lincoln, Malden, Maynard, Medford, Melrose, Natick, Newton, Reading, Sherborn, Somerville, Stoneham, Sudbury, Wakefield, Waltham, Watertown, Wayland,Weston, Winchester, Woburn); NORFOLK (Except Medway); PLYMOUTH (Abington, Bridgewater, Brocton, Duxbury, East Bridgewater,Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Marshfield, Norwell, Pembroke, Plymouth, Plympton, Rockland, Scituate, West Bridgewater, Whitman); SUFFOLK

AREA 2: ESSEX (Amesbury, Andover, Boxford, Danvers, Essex, Georgetown, Hamilton, Haverhill, Ipswich, Lawrence, Merrimac, Methuen, Newbury, Newburyport, North Andover, Rowley, Salisbury, Topsfield, Wenham, West Newbury); MIDDLESEX (Action,Billerica, Chelmsford, Dracut, Groton, Groveland, Littleton, Lowell, Middleton, North Reading, Pepperell, Tewksbury, Tyngsboro, Westford, Wilminton)

Rates Fringes

IRONWORKERAREA 1......................$ 43.73 30.35AREA 2......................$ 39.32 30.35

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐IRON0007 010‐ 03/16/2017

MIDDLESEX (Ashby, Ashland, Ayer, Boxboro, Holliston, Hopkinton, Hudson, Marlboro, Shirley, Stow, Townsend); NORFOLK (Medway)

Rates Fringes

IRONWORKER.......................$ 43.43 30.35‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐IRON0037 002‐ 03/16/2017

BARNSTABLE; BRISTOL (Acushnet, Attleboro, Berkley, Dartmouth, Dighton, Fairhaven, Fall River, Freetown, Mansfield, New Bedford, North Attleboro, Norton, Raynham, Rehoboth, Seekonk,

Somerset, Swansea, Taunton, Westport); DUKES; NANTUCKET; NORFOLK (Billingham, Franklin, Plainville, Wrentham); PLYMOUTH (Lakeville, Marion, Mattapoisett, Middleboro, Rochester, Wareham)

Rates Fringes

IRONWORKER.......................$ 34.89 26.02‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐LABO0022 006‐ 06/01/2016

SUFFOLK COUNTY (Boston, Chelsea, Revere, Winthrop, Deer & Nut Islands); MIDDLESEX COUNTY (Arlington, Belmont, Burlington, Cambridge, Everett, Malden, Medford, Melrose, Reading, Somerville, Stoneham, Wakefield, Winchester, Winthrop and Woburn only); NORFOLK COUNTY (Brookline, Dedham, and Milton only)

Rates Fringes

Laborers:GROUP 1.....................$ 35.85 22.45GROUP 2.....................$ 36.10 22.45GROUP 3.....................$ 36.60 22.45GROUP 4.....................$ 36.85 22.45GROUP 5.....................$ 20.50 22.45GROUP 6.....................$ 37.85 22.45

LABORERS CLASSIFICATIONS

GROUP 1: Laborers; carpenter tenders; cement finisher tenders

GROUP 2: Asphalt raker; fence and guard rail erector; laser beam operator; mason tender; pipelayer; pneumatic drill operator; pneumatic tool operator; wagon drill operator

GROUP 3: Air track operator; block paver; rammer; curb setter

GROUP 4: Blaster; powderman

GROUP 5: Flagger

GROUP 6: Asbestos Abatement; Toxic and Hazardous Waste Laborers

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐LABO0022 012‐ 06/01/2016

Counties of BARNSTABLE; BRISTOL; DUKES; ESSEX; NANTUCKET;

PLYMOUTH; MIDDLESEX (With the exception of Arlington, Belmont, Burlington, Cambridge, Everett, Malden, Melrose, Reading, Somerville, Stoneham, Wakefield, Winchester, Winthrop and Woburn); NORFOLK (With the exception of Brookline, Dedham, and Milton)

Rates Fringes

Laborers:GROUP 1.....................$ 31.65 21.30GROUP 2.....................$ 31.90 21.30GROUP 3.....................$ 32.40 21.30GROUP 4.....................$ 32.65 21.30GROUP 5.....................$ 20.50 21.30GROUP 6.....................$ 33.65 21.30

LABORERS CLASSIFICATIONS

GROUP 1: Laborers; carpenter tenders; cement finisher tenders

GROUP 2: Asphalt raker; fence and guard rail erector; laser beam operator; mason tender; pipelayer; pneumatic drill operator; pneumatic tool operator; wagon drillperator

GROUP 3: Air track operator; block paver; rammer; curb setter; hydraulic & similar self powere drills

GROUP 4: Blaster; powderman

GROUP 5: Flagger

GROUP 6: Asbestos Abatement; Toxic and Hazardous Waste Laborers

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐LABO0022 013‐ 06/01/2016

Rates Fringes

Laborers:(FREE AIR OPERATION): SHIELD DRIVEN AND LINER PLATE IN FREE AIR)GROUP 1....................$ 39.40 21.80+aGROUP 2....................$ 39.40 21.80+a

(OPEN AIR CASSONS,UNDERPINNING AND TEST BORING INDUSTRIES):

TEST BORING & WELL DRILLING Driller....................$ 37.20 22.15+ALaborer....................$ 35.80 22.15+A

(OPEN AIR CASSONS,UNDERPINNING AND TEST BORING INDUSTRIES):

OPEN AIR CASSON, UNDERPINNING WORK & BORING CREWBottom man.................$ 36.95 22.15+ALaborers; Top man..........$ 35.30 22.15+A

(TUNNELS, CAISSON &CYLINDER WORK IN COMPRESSED AIR)GROUP 1....................$ 36.85 21.80+aGROUP 2....................$ 47.33 21.80+aGROUP 3....................$ 47.33 21.80+aGROUP 4....................$ 47.33 21.80+aGROUP 5....................$ 47.33 21.80+aGROUP 6....................$ 49.33 21.80+a

CLEANING CONCRETE ANDCAULKING TUNNEL (Both New& Existing)GROUP 1....................$ 39.40 21.80+aGROUP 2....................$ 39.40 21.80+a

ROCK SHAFT, CONCRETELINING OF SAME AND TUNNEL IN FREE AIRGROUP 1....................$ 36.85 21.80+aGROUP 2....................$ 39.40 21.80+aGROUP 3....................$ 39.40 21.80+aGROUP 4....................$ 39.40 21.80+aGROUP 5....................$ 41.40 21.80+a

LABORERS CLASSIFICATIONS for TUNNELS, CAISSON & CYLINDER WORK IN COMPRESSED AIR

GROUP 1: Powder watchman; Top man on iron bolt; change house attendant

GROUP 2: Brakeman; trackman; groutman; tunnel laborer; outside lock tender; lock tender; guage tender

GROUP 3: Motorman, miner

GROUP 4: Blaster

GROUP 5: Mucking machine operator

GROUP 6: Hazardous Waste work within the "HOT" zone. (A

premium of two dollars $2.00 per hour over the basic wage rate.

LABORERS CLASSIFICATIONS for (FREE AIR OPERATION): SHIELD DRIVEN AND LINER PLATE IN FREE AIR

GROUP 1: Miner; miner welder; conveyor operator; motorman; mucking machine operator; nozzle man; grout man ; pumps, ‐shaft and tunnel steel and rodman; shield and erector arm operators, mole nipper, outside motorman, burner, TBM operator, safety miner; laborer topside; heading motormen; erecting operators; top signal men

GROUP 2: Brakeman; trackman

LABORERS CLASSIFICATIONS FOR CLEANING CONCRETE AND CAULKINGTUNNEL (Both New & Existing)

GROUP 1: Concrete workers; strippers and form movers (wood & steel), cement finisher

GROUP 2: Form erector (wood & steel and all accessories)

LABORERS CLASSIFICATIONS for ROCK SHAFT, CONCRETE LINING OF SAME AND TUNNE IN FREE AIR

GROUP 1: Change house attendants

GROUP 2: Laborers, topside, bottom men (when heading is 50 ft. from shaft) and all other laborers

GROUP 3: Brakeman; trackman; tunnel laborers; shaft laborers

GROUP 4: Miner; cage tender; bellman

GROUP 5: Hazardous Waste work within the "HOT" zone. (A premium of two dollars $2.00 per hour over the basic wage rate)

FOOTNOTE FOR LABORERS:

A. PAID HOLIDAYS: New Year's Day, Washington's Birthday, Patriot's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

LABO1421 001 07/01/2016‐

WRECKING LABORERS:

Rates Fringes

Laborers: (Wrecking)Group 1.....................$ 36.00 22.45Group 2.....................$ 36.75 22.45Group 3.....................$ 37.00 22.45Group 4.....................$ 32.00 22.45Group 5.....................$ 35.10 22.45Group 6.....................$ 36.00 22.45

Group 1: Adzeman, Wrecking Laborer. Group 2: Burners, Jackhammers.Group 3: Small Backhoes, Loaders on tracks, Bobcat Type Loaders, Hydraulic "Brock" Type Hammer Operators, Concrete Cutting Saws.

Group 4: Yardman (Salvage Yard Only). Group 5: Yardman, Burners, Sawyers.Group 6: Asbestos, Lead Paint, Toxic and Hazardous Waste.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐* PAIN0035 001‐ 01/01/2017

BARNSTABLE BRISTOL; DUKES; ESSEX; NANTUCKET; PLYMOUTH (Remainder of NORFOLK; MIDDLESEX AND SUFFOLK COUNTIES)

Rates Fringes

Painters:NEW CONSTRUCTION:Bridge.....................$ 48.36 28.10Brush, Taper...............$ 37.86 28.10Spray, Sandblast...........$ 39.26 28.10

REPAINT:Bridge.....................$ 48.36 28.10Brush, Taper...............$ 35.92 28.10Spray, Sandblast...........$ 37.32 28.10

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐* PAIN0035 015‐ 01/01/2017

MIDDLESEX (Cambridge, Everett, Malden, Medford, Sommerville) SUFFOLK COUNTY (Boston, Chelsea) NORFOLK COUNTY (Brookline)

Rates Fringes

Painters:NEW CONSTRUCTION:Brush, Taper...............$ 43.65 28.10

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐PLAS0534 001‐ 01/01/2017

ESSEX; MIDDLESEX; NORFOLK AND SUFFOLK COUNTY

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 40.00 33.91‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐PLUM0004 001‐ 03/01/2017

MIDDLESEX (Ashby, Ayer West of Greenville branch of Boston and‐ Maine Railroad, Ft. Devens, Groton, Shirley, Townsend)

Rates Fringes

Plumbers and Pipefitters.........$ 42.81 25.51‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐PLUM0012 001‐ 03/01/2017

ESSEX (Ames, Andover, Beverly, Boxford, Byfield, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill,Ipswich, Lawrence,Manchester, Marblehead, Merrimac, Methuem, Middleton, Newbury, Newburyport, North Andover, Peabody, Rockport, Rowley, Salem, Salisbury, Topsfieild, Wenham, West Newbury)

Rates Fringes

PLUMBER..........................$ 48.36 28.38‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐PLUM0012 003‐ 03/01/2017

ESSEX (Ames, Andover, Beverly, Boxford, Byfield, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill,Ipswich, Lawrence, Manchester, Marblehead, Merrimac, Methuen, Middleton, Newbury, Newburyport, North Andover, Peabody, Rockport, Rowley, Salem, Salisbury, Topsfield, Wenham, West Newbury)

Rates Fringes

Plumber, Pipefitter, Steamfitter......................$ 48.36 28.38

Spray, Sandblast...........$ 45.05 28.10REPAINT:Bridge.....................$ 48.36 28.10Brush, Taper...............$ 41.71 28.10Spray, Sandblast...........$ 43.11 28.10

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

PLUM0012 006‐ 03/01/2017

ESSEX (Lynn, Lynnfield, Nahant, Saugus, and Swampscott); MIDDLESEX (Acton, Arlington, Ashland, Ayer except W. of ‐Greenville Branch of Boston & Maine RR, Bedford, Belmont, Billerica, Boxboro, Burlington, Cambridge, Carlisle,Chelmsford, Concord, Dracut, Dunstable, Everett, Framingham, Hudson, Holliston, Hopkinton, Lexington, Lincoln, Littleton, Lowell, Malden, Marlboro, Maynard, Medford, Melrose, Natick, Newton, North Reading, Pepperell, Reading, Sherborn, Somerville, Stoneham, Stow, Sudbury, Tewksbury, Tyngsboro,Wakefield, Waltham, Watertown, Wayland, Westford, Wilmington, Winchester, Woburn); NORFOLK (Bellingham, Braintree, Brookline, Canton, Cohasset, Dedham, Dover,Foxboro, Franklin, Medfield, Medway, Millis, Milton, Needham, Norfolk, Norwood, Plainville, Quincy, Sharon, Walpole, Wellesley, Westwood, Weymouth, Wrentham); PLYMOUTH (Hingham, Hull, Scituate); SUFFOLK

Rates Fringes

PLUMBER..........................$ 52.44 28.38‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐PLUM0051 005‐ 09/01/2016

BARNSTABLE; BRISTOL; DUKES; NANTUCKET; NORFOLK (Avon, Holbrook,Randolph, Stoughton) PLYMOUTH(Remainder of County)

Rates Fringes

Plumbers and Pipefitters.........$ 38.38 28.20‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐PLUM0537 001‐ 09/01/2016

MIDDLESEX (Arlington, Cambridge, Everett, Malden, Medford, Melrose, Reading, Wakefield, Winchester and Woburn); NORFOLK (Bellingham, Braintree, Brookline, Canton Cashasset, Dedham, Foxboro, Franklin, Millis, Milton, Sharon, Walpole, Westwood,and Wrenthan); PLYMOUTH (Hingham, Hull, Scituate); ESSEX (Ames, Andover, Beverly, Boxford, Byfield, Danvers, Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ipswich, Lawrence,Lynn, Lynnfield, Manchester, Marblehead, Merrimac, Methuem, Middleton, Nahant, Newbury, Newburyport, North Andover, Peabody, Rockport, Rowley, Salem, Salisbury, Saugus, Swampscott, Topsfieild, Wenham, West Newbury)

Rates Fringes

PIPEFITTER.......................$ 50.19 29.76

TEAM0379 001‐ 08/01/2016

Rates Fringes

Truck drivers:Group 1.....................$ 31.98 21.96+A+BGroup 2.....................$ 32.15 21.96+A+BGroup 3.....................$ 32.22 21.96+A+BGroup 4.....................$ 32.34 21.96+A+BGroup 5.....................$ 32.44 21.96+A+BGroup 6.....................$ 32.73 21.96+A+BGroup 7.....................$ 33.02 21.96+A+B

POWER TRUCKS $.25 DIFFERENTIAL BY AXLETUNNEL WORK (UNDERGROUND ONLY) $.40 DIFFERENTIAL BY AXLE HAZARDOUS MATERIALS (IN HOT ZONE ONLY) $2.00 PREMIUM

TRUCK DRIVERS CLASSIFICATIONS

Group 1: Station wagons; panel trucks; and pickup trucks

Group 2: Two axle equipment; & forklift operator

Group 3: Three axle equipment and tireman

Group 4: Four and Five Axle equipment

Group 5: Specialized earth moving equipment under 35 tons other than conventional type trucks; low bed; vachual; mechanics, paving restoration equipment

Group 6: Specialized earth moving equipment over 35 tons

Group 7: Trailers for earth moving equipment (double hookup)

FOOTNOTES:

A. PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Patriot's Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day

B. PAID VACATION: Employees with 4 months to 1 year of service receive 1/2 day's pay per month; 1 week vacation for 1 5 years of service; 2 weeks vacation for 5 ‐ ‐ 10years of service; and 3 weeks vacation for more than 10 years of service

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

WELDERS Receive rate prescribed for craft‐ performing

operation to which welding is incidental.

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis Bacon Act for which the contract is awarded (and any ‐solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.Employees must be permitted to use paid sick leave for their own illness, injury or other health related needs, including ‐preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health related needs, including preventive care; or for reasons‐ resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional informationon contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:PLUM0198 005 07/01/2014. PLUM is an abbreviation identifier of‐ the union which prevailed in the survey for thisclassification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes allrates reported in the survey, it may include both union and non‐union rates. Example: SULA2012 007 5/13/2014. SU‐ indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicatesthe State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing thewage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG OH 0010‐ ‐08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on

a wage determination matter* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis Bacon survey program. If the response from this initial ‐contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour DivisionU.S. Department of Labor200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour AdministratorU.S. Department of Labor200 Constitution Avenue, N.W. Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review BoardU.S. Department of Labor200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION

SECTION 3: ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS

SECTION 3FEDERAL ENTREPRENEURIAL AND LOCAL OPPORTUNITY PROVISIONS

(SECTION 3 CLAUSE, PLAN, AND REPORT)

Contractors working on Community Development Block Grant and/or HOME projects where the contractor or subcontractor is contractually obligated in excess of $100,000, are required to submit a Section 3 Plan prior to construction start, and a Section 3 Final Utilization Report with the last requisition, in compliance with the regulations of 24 CFR 135 and Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 17010. These regulations state that preference must be given in employment and training opportunities to lower-income project area residents and that subcontracts be awarded to eligible Section 3 businesses.

Bids shall be solicited from all businesses (section 3 business concerns, and nonsection 3 business concerns). An award shall be made to the qualified section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid—

SECTION 3 REQUIREMENTS

PolicyThe City maintains an affirmative posture regarding employment opportunities for low- and moderate-income residents in connection with Community Development Program sponsored projects and encourages the hiring of such persons for new trainees, apprentices or regular positions which may become available as a result of such projects. In addition, the City maintains a similarly affirmative posture with regard to opportunities for eligible businesses doing project-related work.

Each contractor and subcontractor must make a good faith effort to meet these same objectives with regard to both business and employment opportunities in connection with Community Development Program sponsored work.

Bidding Procedure All bidders should carefully read the following Section 3 requirements and Section 3 Clause and be aware of the filing and reporting procedures contained therein.

The successful bidder, after contract award and prior to contract execution, will be required to complete and submit the Section 3 Plan.

This same procedure will apply to any subcontract over $100,000 awarded as a result of the receipt of the contract. No subcontract can be awarded unless the subcontractor's Section 3 Plan has been approved by the City.

For further information regarding Section 3, contact the City of Newton Department of Planning and Development at (617) 796-1156.

SECTION 3 CLAUSE

All Section 3 covered contracts shall include the following clause (referred to as the “Section 3 Clause”):

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

SECTION 3 PLAN

Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the City of Newton, Massachusetts, hereinafter called the Section 3 Project Area, and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the City of Newton.

, Contractor, agrees to implement the following specific steps directed at increasing the utilization of Section 3 Residents and Section 3 Business Concerns within the City of Newton, Massachusetts.

A. To attempt to recruit from within the City of Newton the necessary individuals to fill employment opportunities generated by Section 3 covered assistance through: local advertising media, signs placed at the proposed site for the project, and/or community organizations and public or private institutions operating within or serving the project area.

B. To fill vacant training positions with the maximum number of lower income Project area residents.

C. To formally contact unions, subcontractors and trade associations to secure their cooperation for this program.

D. To notify potential contractors about Section 3 requirements of this part, and incorporating the Section 3 clause in all solicitations and contracts.

E. To cooperate in obtaining the compliance of contractors and subcontractors with the requirements of Section 3.

F. To document utilization of Section 3 Employees on the covered project by having new employees, (including those of all subcontractors) from the Project Area, complete the Section 3 Income Worksheet.

G. To complete a Section 3 Utilization Report prior to final payment for the covered project. This report will list all Section 3 Employees documented on the Section 3 Income Worksheets.

H. To maintain any records, including copies of correspondence, income verification memoranda, etc., which document that all levels of the above steps have been taken.

Numeric Goals

, Contractor, will, to the greatest extent feasible, when awarding contracts or providing training and/or employment opportunities for activities or projects subject to the requirements of Section 3, strive to comply with the goals established in this section.

The numerical goals established in this section represent minimum numerical targets.

Training and employment opportunities will be made available to Section 3 residents as follows:

1. 30 percent of the aggregate number of new hires/training opportunities shall be Section 3 residents. Number of Section 3 jobs and/or training opportunities anticipated

2. 10 percent of the total dollar amount of all covered construction contracts/subcontracts shall be awarded to Section 3 business concerns.Number of Section 3 business concerns expected to be hired

3. 3 percent of the total dollar amount of all covered non-construction contracts shall be awarded to Section 3 business concerns.Number of non-construction Section 3 business concerns expected to be hired

As officer and representative of: (Name of Contractor)

On behalf of the Company, I have read and fully agree to the Section 3 Plan, and become a party to the full implementation of this program.

Name and Title of the Authorized Representative (print or type)

Signature of Authorized Representative Date

DEFINITIONS

Applicant – Any entity which makes an application for Section 3 covered assistance, and includes, but is not limited to, any State, unit of local government, public housing agency or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association.

Business Concern – a business entity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which it was formed.

Section 3 Business Concern – a business concern,

1) That is 51 percent or more owned by Section 3 resident: or

2) Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or

3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontractors to be awarded to business concerns that meet the qualifications set forth in paragraphs 1 or 2 above.

Contractor - any entity which contracts to perform work generated the expenditure of Section 3 covered assistance, or for work in connection with a Section 3 covered project.

Subcontractor – any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor’s obligation for the performance of work generated by the expenditure of Section 3 covered assistance, or arising in connection with a Section 3 covered project.

Employment Opportunities Generated by Section 3 Covered Assistance – all employment opportunities generated by the expenditure of Section 3 covered public assistance (i.e., operating assistance, development assistance and modernization assistance, (as described in Section 135.3 (a) (1)). With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with Section 3 covered projects (as described in Section 135.3 (a) (2)), including management and administrative jobs. Management and administrative jobs include architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, e.g., construction manager, relocation specialist, payroll clerk, etc.

HUD Youthbuild Programs – programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very low- income families.

Low-income person – families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families.

Very low-income person – families (including single persons) whose income do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower then 50 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes.

Metropolitan Area – a metropolitan statistical area (MSA), as established by the Office of Management and Budget.

New Hires – full-time employees for permanent, temporary or seasonal employment opportunities.

Recipient – any entity which receives Section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State unit of local government, PHA, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Recipient also includes any successor, assignee or transferee of any such entity, but does not include any ultimate beneficiary under the HUD program to which Section 3 applies and does not include contractors.

Section 3 – Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).

Section 3 Covered Assistance –

1) public housing development assistance provided pursuant to Section 5 of the 1937 Act;

2) public housing operating assistance provided pursuant to Section 9 of the 1937 Act;

3) public housing modernization assistance provided pursuant to Section 14 of the 1937 Act;

4) assistance provided under any HUD housing or community development program that is expended for work arising in connection with housing rehabilitation, construction, or other public construction project (which includes other buildings or improvements, regardless of ownership).

Section 3 Covered Contracts – a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of Section 3 covered assistance, or for work arising in connection with a Section 3 covered project. Section 3 covered contracts do not include contracts awarded under HUD’s procurement program, which are governed by the Federal Acquisition Regulation (FAR). Section 3 covered contracts also do not include contracts for the purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 covered contract.

Section 3 Covered Project - the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead-based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted with housing or community development assistance.

Section 3 Resident – a public housing resident or an individual who resides in the metropolitan area or nonmetropolitan county in which the Section 3 covered assistance is expended and who is considered to be a low-to very low-income person.

Housing and Community Development Division1000 Commonwealth Avenue, Newton, Massachusetts 02459 1400‐

Telephone (617) 796 1120 Telefax (617) 796 1142 TDD/TTY (617)‐ ‐ 796‐1089

Setti D. Warren Mayor

CITY OF NEWTON, MASSACHUSETTSDepartment of Planning and Development

It is the policy of the City of Newton to utilize Section 3 residents and Section 3 businesses on projects that arepartially or wholly funded with monies from the Department of Housing and Urban Development (HUD). Please complete the sections below for determination as a Section 3 Business Concern.

1. Business Information:Company Name: Street Address: City, State, Zip: Work Phone: Email: Business Website: Describe the business’s trade or services:

Contact Name:

2. Section 3 Status (check one category): A. Business claims status as a Section 3 resident owned enterprise whereby‐ 51%

or more of the company is owned by Section 3 Residents.Choose one of the following options as evidence of status for each owner: Copy of public housing lease Copy of receipt of public assistance Copy of evidence of participation in a public assistance program Section 3 Resident Certification and Federal Tax Return

B. Business claims Section 3 status by subcontracting 25 percent of the dollar award to qualified Section 3 Business Concerns:Attach both of the following documents as evidence of status: List of subcontracted Section 3 business concerns and subcontract amount Section 3 Business Concern Certification for eligible subcontractors

C. Business claims Section 3 status as at least 30 percent of its permanent, full‐time employees are currently Section 3 residents or were Section 3 eligible residents within 3 years of the date of first employment with the business:Attach the following applicable documents as evidence of status: List of all employees, include length of employment List all employees claiming Section 3 Resident status Section 3 Resident Certifications for employees claiming Section 3 Resident status

D. Business does not qualify as a Section 3 Business Concern.

SECTION 3 BUSINESS CONCERN CERTIFICATION

Housing and Community Development Division1000 Commonwealth Avenue, Newton, Massachusetts 02459 1400‐

Telephone (617) 796 1120 Telefax (617) 796 1142 TDD/TTY (617)‐ ‐ 796‐1089

3. Business VerificationFor businesses that checked 2A, 2B or 2C, please provide documentation on the business structure and current standing.Type of Business: Corporation/LLC – submit copy of Articles of Incorporation and Certificate of Good Standing Partnership/LLP – submit Partnership Agreement and Certificate of Good Standing Sole Proprietorship – submit Assumed Business Name Certificate/DBA Other submit supporting‐ documentation

4. AffidavitI certify that the above statements are true, complete, and correct to the best of my knowledge and belief. I agree to provide, upon request, additional documents verifying the information submitted to qualify as a Section 3 Business Concern.

Owner Signature Date Print Name and Title

Print Name and Title

Housing and Community Development Division | 1000 Commonwealth Avenue, Newton, Massachusetts 02459‐1400

Telephone (617) 796 1120 Telefax (617) 796 1142 TDD/TTY (617)‐ ‐ 796 1089‐



Individuals residing in the City of Newton or within the Boston Cambridge Quincy‐ ‐ Metropolitan Statistical Area who meet the income limits set forth below, can qualify for Section 3 Resident status (see map on page 2). Additionally, residents of public housing developments qualify as Section 3 residents.

I, , the undersigned certify, under penalty of law, as follows:

1. My permanent address is:Street Address: City, State, Zip: Phone: Email:

2. I do do not reside in public housing.If you do reside in public housing, list the name of the public housing community, city and state:

3. The total number of individuals in my family living in the household is:

4. Find your family size in the table below. Is your family income equal to or less than the income listed below that box?

YES, my family income is equal to or below the income limit for my family size.

NO, my family income is greater than the income limit for my family size.

FAMILY SIZE 1PERSON

2PERSON

3PERSON

4PERSON

5PERSON

6PERSON

7PERSON

8PERSON

INCOME LIMIT $51,150 $58,450 $65,750 $73,050 $78,900 $84,750 $90,600 $96,450

5. My employment status is (check all that apply): I am currently employed with the following employer:

My trade category is (choose one): Office/Clerical Professional Technician Construction (list specific trade) Other (explain)

My hire date: Average number of hours worked per week:

I am in a training program. List employer: Average number of hours of training per week:

I am seeking preference in training and employment opportunities.

SECTION 3 RESIDENT CERTIFICATIONFor New Hires, Current Employees or for Residents Seeking Employment



6. I understand that the information above relating to my residency, the size and annual income of my family may require verification. Upon request, I agree to provide documents verifying this information. The City of Newton reserves the right to request and obtain additional information to verify Section 3 resident eligibility. I also authorize my employer to release this information for the United States Department of Housing and Urban Development, the City of Newton, and the prime and/or subcontractors to verify my status as a Section 3 Resident. I certify that the above statements are true, complete, and correct to the best of my knowledge and belief.

Signature Print Name

City of Newton Use Only

1. Does the applicant reside in public housing? Yes No



2A.

2B.

Does the applicant reside within the Boston Cambridge Quincy‐ ‐ MSA?If yes, list county: Does the applicant meet the income requirements?

Yes

Yes

No

No 3. Does the applicant qualify as a Section 3 resident?

(has the applicant replied yes to #1 or yes to both #2A and #2B? Yes No

of 3Housing and Community Development Division | 1000 Commonwealth Avenue, Newton, Massachusetts 02459‐

1400 Telephone (617) 796 1120 Telefax (617) 796 1142 TDD/TTY (617)‐ ‐ 796 1089‐www.newtonma.gov



Revised January 2016

SECTION 3 UTILIZATION REPORTName of Project:

Reporting Period:

This section should include employee information from the prime contractor and all subcontractors whose portion of contract is $100,000 or greater.

Job Category

Number of New Hires

Number of New Hires that are Sec. 3 Residents

Number of Trainees that are Sec. 3 Residents

Professionals

Technicians

Office/Clerical

Construction Trade:

Construction Trade:

Construction Trade:

Construction Trade:

Construction Trade:

Construction Trade:

Other:

Other:

TOTALS

Please attach to this report Section 3 Resident Certifications for each new hire.

A. SECTION 3 EMPLOYEE INFORMATION



This section should cover all construction and non construction‐ contracts and subcontracts associated with the project.

Construction ContractsTotal dollar amount of construction contract: $Total dollar amount of the contract that has been awarded to Section 3 Business Concerns, including the prime contractor:

$

Total number of Section 3 Business Concerns receiving subcontracts:

Non Construction‐ ContractsTotal amount of non construction contracts awarded from the‐ contract: $Total amount of non construction contracts that have been awarded ‐from the contract to Section 3 Business Concerns:

$

Total number of Section 3 Business Concerns receiving non‐construction contracts:

Using the information reported in sections A and B, please determine whether Section 3 compliance has been met.

GOAL 1. 30 percent of the aggregate number of new hires/training opportunities shall be Section 3 Residents.

Total Number of New Hires and Trainees that are Sec. 3 Residents

=Total Number of New Hires and Trainees:

Compliance was: achieved not achieved not applicable no new hires or‐ trainees

GOAL 2. 10 percent of the total dollar amount of all covered construction contracts/subcontracts shall be awarded to Section 3 Business Concerns.

Total Dollar Amount of Contracts/Subcontract fromSection 3 Business Concerns =

Total Contract Amount:

Compliance was: achieved not achieved not applicable no contracts/subcontracts‐ awarded

%

%

B. CONTRACTING INFORMATION

C. SECTION 3 COMPLIANCE



GOAL 3. 3 percent of the total dollar amount of all covered non construction‐ contracts shall be awarded to Section 3 Business Concerns.

Total Dollar Amount of Non Construction‐ Contracts From Section 3 Business Concerns

=Total Contract Amount:

Compliance was: achieved not achieved not applicable no non construction contracts‐ ‐ awarded

If compliance was not achieved for any of the goals, please explain.

As officer and representative of: Name of Prime Contractor

Address:

Telephone Number:

On behalf of the Company, I hereby certify that the above information is true and accurate and is reported fully as required by the Section 3 Plan as part of the contract for this CDBG and/or HOME assisted project. It is further ‐ ‐understood that final payment from the City of Newton for this project cannot be made until this report is submitted to the CDBG Grantee or authorized designee.

Name and Title of the Authorized Representative (print or type)

Signature of Authorized Representative Date

Please mail report to:Danielle Bailey, Labor Compliance Officer

City of Newton, Planning and Development Department 1000 Commonwealth Avenue, Newton, MA 02459

%

D. CERTIFICATION OF PRIME CONTRACTOR

DIRECTIONS FOR COMPLETION OF THE

SECTION 3 UTILIZATION REPORT

1. Determine if there has been Section 3 participation in the construction project.

a. If you hire new employees who reside in the Project area or reside in public housing during the contract period, have them complete the Section 3 Resident Certification and return it to you. If the new employee indicates that they are below the income threshold for their family size, then they are considered Section 3 eligible.

b. Distribute copies of the Section 3 Business Concern Certification and the Section 3 Resident Certification to all subcontractors you engage for the project. The subcontractor should complete the Section 3 Business Concern Certification. Instruct the subcontractor to have any new employees they hire who reside in the Project area or reside in public housing complete the worksheet and have the subcontractor return the forms to you.

2. Retain all Section 3 Business Concern Certifications and Section 3 Resident Certifications with your project records and submit copies of these forms with your Final Utilization Report.

3. Complete Part A of the Section 3 Utilization Report.a. Enter project name and contract duration.b. Enter the number of new employees by job category that were hired by the

prime contractor and all subcontractors for the project.c. Enter the number of Section 3 Employees by job category that were utilized by the

prime contractor and all subcontractors on the project.d. Enter the number of Section 3 residents that were trained in connection with this project.e. Total the numbers for each column at the bottom of the table.

4. Complete Part B of the Section 3 Utilization Report.a. Report the total construction contract amount.b. Report the number of Section 3 Businesses used and dollar amount of those contractsc. Report information for non-construction contracts

5. Complete Part C of the Section 3 Utilization Report.a. Of all new hires, determine percentage of Section 3 Residents hired.b. Of all construction subcontracts, determine percentage of Section 3 Business Concerns usedc. Of all non-construction subcontracts, determine percentage of Section 3 Business Concerns used

6. Complete Part D of the Section 3 Utilization Report.

a. List the name, address and telephone number of your company.b. Print or type name and title of authorized company representative.c. Have an authorized representative sign and date the report.

– REMEMBER –Final payment will not be released until a

Section 3 Utilization Reportis submitted to the City of Newton’s

Planning and Development Department.