MPA CONTRACT NO. MP 1803-C1 FY19-21 SMALL ITEM … · 2021. 2. 9. · massachusetts port authority . capital programs department . suite 209s - logan office center . one harborside

MPA CONTRACT NO. MP 1803-C1 FY19-21 SMALL ITEM WATERFRONT REPAIR

TERM CONTRACT BOSTON, MASSACHUSETTS

JANUARY, 2019

MASSACHUSETTS PORT AUTHORITY CAPITAL PROGRAMS DEPARTMENT SUITE 209S - LOGAN OFFICE CENTER

ONE HARBORSIDE DRIVE EAST BOSTON, MASSACHUSETTS 02128-2909

CONTRACT DOCUMENTS

AND SPECIFICATIONS FOR

MPA PROJECT NO. MP1803-C1 FY 19-21 SMALL ITEM WATERFRONT REPAIR TERM CONTRACT

BOSTON, MASSACHUSETTS

JANUARY, 2019

TABLE OF CONTENTS

DIVISION I GENERAL REQUIREMENTS AND COVENANTS

DIVISION II SPECIAL PROVISIONS

DIVISION III TECHNICAL SPECIFICATIONS

DIVISION IV SAMPLE CONTRACT FORMS

MASSACHUSETTS PORT AUTHORITY

EAST BOSTON, MASSACHUSETTS

DIVISION I

GENERAL REQUIREMENTS

AND

COVENANTS

i

TABLE OF CONTENTS

DIVISION I

GENERAL REQUIREMENTS AND COVENANTS

Chapter Article Subject Page

I DEFINITION OF TERMS

1. Definition of Terms ................................................................................................ l

II PROPOSAL REQUIREMENTS AND CONDITIONS

2. Proposal Forms and Contract Documents.............................................................. 6 3. Interpretation of Basic Estimate of Quantities ....................................................... 6 4. Examination of Plans and Location ....................................................................... 7 5. Preparation of Proposals ........................................................................................ 8 A Bid Prices ................................................................................................... 8 B. Signatures ................................................................................................... 8 6. Delivery of Proposals ............................................................................................. 9 7. Proposal Guaranty Required .................................................................................. 9 8. Withdrawal of Proposals ........................................................................................ 9 9. Public Opening of Proposals .................................................................................. 9 10. Rejection of Proposals ........................................................................................... 9 11. Disqualification of Bidders .................................................................................. 10 12. Competency of Bidders........................................................................................ 10 13. Material Guaranty ................................................................................................ 10

III AWARD AND EXECUTION OF CONTRACT

14. Consideration of Bids .......................................................................................... 11 15. Award of Contract................................................................................................ 11 16. Return of Proposal Guaranty ............................................................................... 11 17. Contract Bond Required ...................................................................................... 11 18. Execution of Contract and Notice to Proceed ...................................................... 11 19. Failure to Execute Contract ................................................................................. 12

IV SCOPE OF WORK

20. Intent of Plans and Specifications ....................................................................... 13 21. Errors or Discrepancies ........................................................................................ 13 22. Alteration of Work ............................................................................................... 13 23. Extra Work ...................................................................................................... 17 24. Maintenance of Marine Traffic and Air Traffic .................................................. 19 25. Removal and Disposal of Structures and Obstructions ....................................... 20 26. Rights in the Use of Materials Found on the Work ........................................... 20 27. Final Cleaning Up ............................................................................................... 20

V CONTROL OF WORK

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28. Authority of the Engineer ................................................................................... 22 29. Plans, Detail Drawings and As-built Drawings ................................................... 22 30. Conformity with Plans and Allowable Deviations ............................................. 23 31. Coordination of Plans and Specifications ............................................................ 24 32. Cooperation by Contractor .................................................................................. 24 33. Adjacent and Concurrent Contracts .................................................................... 24 34. Surveys ...................................................................................................... 25 35. Authority and Duties of Engineer's Assistants ................................................... 25 36. Inspection of Work and Materials ....................................................................... 25 37. Removal of Defective or Unauthorized Work .................................................... 26 38. Final Inspection ................................................................................................... 26

VI CONTROL OF MATERIALS

39. Identification of Materials and Equipment ......................................................... 28 40. Samples and Tests ............................................................................................... 28 41. Delivery and Storage of Materials ...................................................................... 28 42. Defective Materials ............................................................................................. 29

VII LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

43. Laws to be Observed ........................................................................................... 30 44. Permits and Licenses............................................................................................ 30 45. Motor Vehicles Used on the Work ..................................................................... 30 46. Insurance ...................................................................................................... 30 47. Patented Devices, Materials and Processes ........................................................ 34 48. Restoration of Facilities Opened by Permit ........................................................ 34 49. Massachusetts Sales Tax Exemption ................................................................... 34 50. Sanitary Provisions ............................................................................................. 34 51. Public Convenience and Safety .......................................................................... 34 52. Barricades and Warning Signs ............................................................................ 35 53. Traffic Officers, Police Details and Flagmen ..................................................... 35 54. Use of Explosives ............................................................................................... 36 55. Protection and Restoration of Property ............................................................... 36 56. Responsibility for Damage Claims ..................................................................... 37 57. Security Measures ............................................................................................... 37 58. Release from Claim and Liability to Contractor ................................................. 39 59. Opening Portion of Work .................................................................................... 40 60. Contractor's Responsibility for the Work ........................................................... 40 61. Personal Liability of Public Officials ................................................................. 41 62. No Waiver of Legal Rights ................................................................................. 41 63. Labor Records ..................................................................................................... 41 64. Labor, Lodging, Board, Maximum Hours of Employment, Weekly Payment ... 41

VIII PROSECUTION AND PROGRESS

65. Subletting or Assignment of Contract ................................................................. 43 66. Schedule of Values and Operations .................................................................... 43 67. Prosecution of the Work ..................................................................................... 44

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68. Delay in Commencing Work .............................................................................. 44 69. Moving Buildings ............................................................................................... 44 70. Limitations of Operations ................................................................................... 44 71. Character of Workmen and Equipment .............................................................. 45 72. Preservation of Natural Surroundings ................................................................. 45 73. Temporary Suspension of Work ......................................................................... 46 74. Extensions of Time ............................................................................................. 46 A. Grounds for Extensions of Time .............................................................. 46 B. Procedure for Determining Extensions of Time ...................................... 47 75. Failure to Complete Work on Time .................................................................... 48 76. Termination or Cancellation of Contract ............................................................ 49

IX MEASUREMENT AND PAYMENT

77. Measurement of Quantities ................................................................................. 51 78. Scope of Payments .............................................................................................. 51 79. Payment for Increased or Decreased Quantities ................................................. 52 80. Payment for Extra Work ..................................................................................... 53 81. Omitted Items ...................................................................................................... 55 82. Partial Payment ................................................................................................... 55 A. Payments to Subcontractors ..................................................................... 57 83. Acceptance and Final Payment ........................................................................... 59 84. Non-Discrimination and Affirmative Action ...................................................... 60 A. Equal Employment Opportunity Requirements ...................................... 61

B. Equal Opportunity for Minority Business Enterprises and Women Business Enterprises ........................................ 67 C. Contract Specifications Required by the Secretary of Labor Pursuant to 41 CFR Section 60-1-4(b) ..................... 76 D. Contract Specifications Required by the Secretary of Labor Pursuant to 41 CFR Section 60-4.3. ......................... 77 Appendix A – Goals and Timetables for Female Utilization .................. 83 Appendix B – Goals and Timetables for Minority Utilization ................ 84 E. Certification of Non-Segregated Facilities Required by 41 CFR Section 60-1.8. ........................................................................... 85

85. Contractor Record Keeping Requirements ......................................................... 86 86. Massachusetts Right-to-Know Act ...................................................................... 87

X IDENTIFICATION 87. Security Identification Requirements .................................................................. 88 88. Required Use of Internet-based Compliance Management System .................... 88

89. Claims…………………………………………………………………………...89 90. Force Majeure…………………………………………………………………...91

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SPECIFICATIONS

DIVISION I

GENERAL REQUIREMENTS AND COVENANTS

CHAPTER 1

DEFINITION OF TERMS

Article 1 - Definition of Terms Wherever in these Specifications or other Contract Documents the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows.

AUTHORITY. The Massachusetts Port Authority created by the Enabling Act described in Chapter 465 of the Massachusetts Acts of 1956 and any amendments thereto. This term is synonymous with the term "Owner."

AUTHORITY PROPERTY. Port properties, the airport properties, and any other facility now or to be owned or controlled by the Massachusetts Port Authority.

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

A.S.T.M. The American Society for Testing and Materials.

A.W.W.A. American Water Works Association.

A.W.S. American Welding Society

A.R.E.A. American Railway Engineering Association.

A.W.P.A. American Wood Preserves Association.

ACCESS ROAD. The right of way, the roadway and all improvements constructed thereon, and appurtenances thereto, connecting Authority property to a public highway.

ALTERATION. Change in the form of character of the Work done or to be done.

ARCHITECT. This term, or any pronoun or phrase in place thereof means a firm of architects or engineers and its authorized representatives, such representatives acting within the scope of the particular duties entrusted to them. It is synonymous with the term "Engineer." If an Architect is not designated it shall be the Authority's Director of Capital Programs and Environmental Affairs or designee.

AS-BUILT DRAWINGS: Contract plans, marked up with northings, eastings and elevations and authenticated/certified as accurate to the nearest 0.1 of a foot by the Contractor, which show the actual, constructed horizontal and vertical locations of features constructed and uncovered during the Work.

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BIDDER. Any individual, form or corporation submitting a proposal for the Work contemplated, acting directly or through a duly authorized representative.

COMMONWEALTH. The Commonwealth of Massachusetts.

CONSULTING ENGINEER. The Consulting Engineer shall have the right to inspect the Work and to consult with and advise the Authority and the Engineer concerning the Work.

CONTRACT. The written agreement executed between the Authority and the successful bidder, covering the performance of the Work. The Contract shall include Notice to Contractors, Instructions to Bidders, the Proposal, the Proposal Guaranty, the executed agreement, the Contract Bond, the Payment Bond, these Specifications including the General Requirements and Covenants, the Special Provisions, Construction Details and Addenda (if any) the Plans, and the Notice to Proceed. The Contract also shall include any Extra Work Orders, mutual understandings and agreements that are required to complete the Work, and authorized Alterations or extensions thereof.

CONTRACT DOCUMENTS. Those documents herein before defined as included in the Contract.

CONTRACT BOND. The approved form of security executed by the Contractor and his/her Surety or Sureties, guaranteeing his/her complete performance under the provisions of the Contract.

CONTRACT ITEM. An item or class of Work for which a price either unit or lump sum, is set forth in the Proposal.

CONTRACTOR. The person, firm, or corporation undertaking the execution of the Work under the terms of the Contract and primarily liable for the acceptable performance of the Work and for the payment of all legal debts pertaining thereto, acting directly or through an authorized agent or employee.

CONTRACT TIME. The number of calendar days shown in the Contract Documents or established by the completion date given therein, indicating the time allowed for completion of the Work contemplated in the Contract.

DIRECTORS OF CAPITAL PROGRAMS. Either the Director of Capital Programs and Environmental Affairs or the Deputy Director of Capital Programs and Environmental Affairs of the Massachusetts Port Authority.

EMERGENCY. A temporary unforeseen occurrence or combination of circumstances which endangers life or property and calls for immediate action or remedy by either the Contractor or the Engineer.

ENGINEER. This term, or any pronoun or phrase in place thereof, means a firm of engineers or architects and its authorized representatives, such representatives acting within the scope of the particular duties entrusted to them. It is synonymous with the term "Architect." If an Engineer is not designated it shall be the Authority's Director of Capital Programs and Environmental Affairs or designee.

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EXTRA WORK. The term "extra Work" shall mean Work or materials required by the Authority, which are in addition to those required by the Contract Drawings and Specifications in their present form. "Work required by the Contract Drawings and Specifications in their present form" or "materials required by the Contract Drawings and Specifications in their present form" or words of similar import shall include all Work or materials mentioned in the Specifications in their present form (whether or not shown upon the Contract Drawings), all Work or materials shown upon the Contract Drawings in their present form (whether or not mentioned in the Specifications) and all Work or materials involved in or incidental to the accomplishment of the results intended by the Specifications and Contract Drawings in their present form (whether or not mentioned therein or shown thereon).

F.A.A. Federal Aviation Administration (Formerly Civil Administration, U.S. Department of Commerce and Federal Aviation Agency).

INSPECTOR. Any authorized representative of the Engineer or Architect assigned to make any or all necessary inspections of the Work performed and materials furnished by the Contractor.

LANDSCAPING. The planning, planting, establishing and caring for trees, shrubs, vines and other vegetation to provide shade, reduce dust, control erosion, or improve the general appearance of Authority properties.

LOCATION. The area, which has been designated for the Work. It is synonymous with the term "Site."

MATERIAL. Any substance in its raw or prepared form and any manufactured or fabricated product proposed to be used in or entering into the finished Work or appurtenances thereto.

NOTICE. The term "notice" shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to or at the last known business address of the person, firm, or corporation for whom intended or to his/her, their, or its duly authorized agent, representative, or officer; or when enclosed in a postage prepaid wrapper, or envelopes, addressed to such person, firm, or corporation at his/her, their, or its last known business address and deposited in a United States mail box.

NOTICE TO CONTRACTORS. The notice published in newspapers and other publications announcing the time and place for the opening of bids for the Work to be done.

NOTICE TO PROCEED. A written notice to the Contractor of the date on which he is to begin the prosecution of the Work for which s/he has contracted.

PARTY OF THE FIRST PART. The Authority.

PAYMENT BOND. Surety required by law to be provided by certain Contractors or Subcontractors.

PLANS AND/OR DRAWINGS. The contract drawings, standard drawings and detail sheets, or exact reproductions thereof, which show the location, character, dimension, and details of the Work including any Alterations thereof permissible under the Contract and authorized by duly approved written orders.

PORT. The Port of Boston as defined in the Enabling Act.

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PROPOSAL. The written offer of the bidder, submitted in approved form, to perform the Work contemplated.

PROPOSAL GUARANTY. The security to be furnished by the Bidder as a guaranty of good faith that s/he will enter into a Contract with the Authority and will execute the required bonds covering the Work contemplated, if the same is awarded to him/her.

RECORD DOCUMENTS: Documents including, but not limited to, a record copy of the Plans and Specifications, Addenda, Change Orders, field test records, the Contractor’s daily reports and payroll affidavits, construction photographs, written interpretations and clarifications, responses to Requests For Information (RFI), approved shop drawings, approved samples and such other submittals as are required under this contract.

RESIDENT ENGINEER: The on-site representative of the Engineer or the Authority.

RIGHT-OF-WAY. All lands or other property interests provided or acquired for the development and operation of Authority properties.

RUNWAY. The paved surface of an airport used for the landing and taking off of aircraft.

SITE. The area, which has been designated for the Work.

SPECIAL PROVISIONS. The special directions, provisions and requirements prepared to cover proposed Work not satisfactorily provided for elsewhere. These Special Provisions shall be included within the general term "Specifications" and shall be made a part of the Contract with the express purpose that they shall prevail over all other Specifications.

SPECIFICATIONS. The directions, provisions, and requirements contained herein, or made a part hereof by reference, together with all written agreements made, or to be made, pertaining to the method and manner of performing the Work, or to the quantities or qualities of materials to be furnished under the Contract.

SPONSOR. The Authority (in matters pertaining to Federal aid).

STANDARD SPECIFICATIONS. The Commonwealth of Massachusetts Department of Public Works, "Standard Specifications for Highways and Bridges" latest edition, including revisions. Copies of the Standard Specifications may be purchased for a fee of $25 from the Massachusetts Highway Department, Room 5441, State Transportation Building, 10 Park Plaza, Boston, MA 02116. Copies are also available from the Authority at a charge of $50 PAYABLE BY CHECK ONLY, which charge will be refunded upon their return in good condition, within forty-five (45) days after receipt of the General Bids. Above charges and fees are subject to change.

SUBCONTRACTOR. An individual, firm or corporation undertaking the performance of a part of the Work under the terms of the Contract, by virtue of an agreement with the Contractor.

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SUPERINTENDENT. The executive representative of the Contractor, present on the Work at all times during its progress, authorized to receive and fulfill instructions from the Engineer, and capable of superintending the Work efficiently.

SURFACING. The combined sub-base, base and surface courses of pavements considered as a single unit, excluding shoulders.

TAXIWAY. A paved or unpaved strip over which aircraft may taxi to and from the landing area, runways or aprons of an airport.

TESTING LABORATORY. The official testing laboratory of the Massachusetts Port Authority or such other laboratory as may be designated in writing by the Engineer.

TRUSTEE. The State Street Bank and Trust Company of Boston.

WORDS. "As directed", "as permitted", "as required", or words of like effect shall mean that the direction, permission or requirement of the Engineer is intended, and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by or acceptable or satisfactory to the Engineer, unless otherwise expressly provided herein. The words "necessary", "suitable", "equal", "substantial", "reasonable", or words of like import shall mean necessary, suitable, equal, substantial or reasonable in the opinion of the Engineer, unless otherwise expressly provided herein. The words "furnish," "provide," or words of like import when used in relation to the "Contractor" shall mean at the Contractor's expense, unless specifically included in a Contract item. The words "conform," "substantiate," or words of like import shall mean conform or substantiate in the opinion of the Engineer, unless otherwise expressly provided herein.

WORK. All performance, including the furnishing of materials, labor, tools, equipment and incidentals, required of the Contractor under the terms of the Contract.

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CHAPTER II

PROPOSAL REQUIREMENTS AND CONDITIONS

Article 2 - Proposal Forms and Contract Documents The documents listed below will be furnished by the Authority to the bidder upon payment of the charge stated in the Notice to Contractors (which charge will be retained by the Authority as a deposit pending return of the Plans and Specifications in good condition):

A. Proposal (Bound separately or with Specifications):

(1) Notice to Contractors

(2) Instructions to Bidders

(3) Form for General Bid and Sub-Bid

B. Envelope for submitting bids

C. Specifications:

(1) General Requirements and Covenants

(2) Special Provisions (including schedule of Minimum Wage Rates)

(3) Technical Specifications

(4) Sample Contract Forms

D. One set of Plans for the Work

E. Errata and Addenda, if any

F. Additional sheets of the Plans may be purchased by bidders who previously have obtained complete sets of Contract Documents.

For contracts subject to the provisions of Section 44-A through 44-H, Chapter 149 of the General Laws, as amended, General Bid Forms and Sub-bid Forms will be made available without charge to the Bidders and Sub-bidders upon request. General Bidders may obtain a second set of the documents listed in sub-paragraphs A through E above by making an additional deposit with the Authority in the same amount as for the first set and under the same conditions of refund.

Article 3 - Interpretation of Basic Estimate of Quantities

A. All bids will be compared on the estimate of quantities of Work to be done, as shown in the Proposal.

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These quantities are approximate only, being given as a basis for the comparison of bids, and the Authority does not expressly or by implication agree that the actual amount of Work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the Work, as may be deemed necessary or expedient by the Authority.

Bidders are required to submit their estimate upon the following express conditions, which shall apply to and become part of every bid received, viz.: an increase or decrease in the quantity for any item shall not be regarded as cause for an increase or decrease in the prices, nor in the time allowed for the completion of the Work, except as provided in the Contract. (Also see Article 22, Alteration of Work).

B. In the event that any part of the Work has been divided into classes or items on a unit price basis and there is an increase or decrease in the quantity of any such class or item of Work, the actual quantity executed will be paid for at the price bid for that particular class or item of Work.

C. If the Work is let on the basis of a lump sum contract or if the Work includes lump sum items, the Bidder must obtain and be responsible for the data upon which s/he bases his/her bid. S/He shall not be entitled to any additional compensation in case the quantities of Work actually done to fulfill the Contract and complete the Work be different from his/her estimated quantities.

Article 4 - Examination of Plans and Location Statements as to the condition under which the Work is to be performed, including Plans, surveys, measurements, dimensions, calculations, estimates, borings, etc., are made solely to furnish a basis for comparison of bids, and the Authority does not guarantee or represent that they are correct. The Bidder must satisfy her/himself by his/her own investigation and research regarding all conditions affecting the Work to be done and labor and material needed, and make his/her bid in sole reliance thereon. S/He must familiarize her/himself with the location and site of the Work and may at her/his own risk and expense undertake her/his own subsurface investigation as may be required to satisfy her/himself as to the actual conditions.

If any person, firm, or corporation contemplating the submission of a proposal for this Contract is in doubt as to the true meaning of any part of the Plans, Specifications, or other Contract Documents, s/he may submit to the Director of Capital Programs and Environmental Affairs of the Authority a written request for an authorized and legal interpretation thereof, provided such request is delivered to the Director of Capital Programs and Environmental Affairs not later than seven (7) days before the advertised date for the opening of bids. The person, firm or corporation submitting the request shall be responsible for its prompt and safe delivery. Such interpretations will be made by addenda duly issued and signed by an authorized representative of the Authority. A copy of such addenda will be sent by registered or certified mail, return receipt requested, or will be delivered to each person securing a set of the Contract Documents at the address recorded at the Director of Capital Programs and Environmental Affairs's office upon receipt of the Contract Plans and Specifications. The Authority will not be responsible for any other explanations or interpretations of the Contract Documents. No employee or agent of the Authority or the Engineer shall have the authority to furnish any such other explanation or interpretation, verbal or written.

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Article 5. Preparation of Proposals

A. Bid Prices

The Bidder shall submit his/her proposal upon the blank forms obtained from the Authority. The Bidder shall specify a unit price or lump sum price, in both words and figures, for each item given, and shall also show the products of the respective unit prices and quantities written in figures in the column provided for that purpose, and the total amount of the proposal obtained by adding the amounts of the several items. All words and figures shall be in ink. In case of a discrepancy between the prices written in words and those written in figures, the written words shall govern.

When an item in the proposal contains a choice to be made by the Bidder, the Bidder shall indicate his/her choice in accordance with the Specifications for that particular item, and thereafter no further choice will be permitted.

The price for any item bid and/or contracted for, unless otherwise noted or specified, shall include full compensation for all materials, equipment, tools, labor and incidental Work necessary to complete the item to the satisfaction of the Engineer. The prices shall, without exception, include all royalties and costs arising from patents, trade-marks, and copyrights in any way involved in the Work.

B. Signatures

All proposals shall be signed correctly with ink in the proper places provided, as follows:

(l) If the proposal is made by an individual, his/her name and post office address shall be given.

(2) If the proposal is made by a firm, partnership, or corporation, it shall be signed by a person having such legal authority from the said firm, partnership, or corporation and the person so signing the proposal shall give his/her name and title, (if any), in addition to the name and address of the firm, partnership, or corporation.

(3) If the proposal is made by a firm or partnership, the names and addresses of the individual members shall be given.

(4) If the proposal is made by a corporation, the name of the State under the laws of which the corporation was chartered and the names, titles, and business addresses of the President, Treasurer and Secretary shall be given.

(5) If the proposal is made as a joint venture by a combination of any individual, firm, partnership, or corporation, it shall be signed by a person having such legal authority from the said individuals, firms, partnerships, or corporations and the person so signing the proposal shall give his/her own name and title, (if any), in addition to the names and addresses of the individuals, firms, partnerships, or corporations.

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Article 6. Delivery of Proposals

Each proposal shall be submitted to the Authority sealed in a special envelope furnished by the Authority to the Bidder with his/her proposal form. The Bidder shall fill in the blank spaces provided on the envelope so as to indicate clearly its contents.

If forwarded by mail, preferably by registered mail, the above mentioned envelope shall be enclosed in another envelope, which shall be addressed to:

Director of Capital Programs and Environmental Affairs Massachusetts Port Authority Capital Programs Department Suite 209S - Logan Office Center One Harborside Drive East Boston, Massachusetts 02128-2909

Proposals received at the above address after the time for opening of bids designated in the Notice to Contractors will be returned to the Bidder unopened.

Article 7. Proposal Guaranty Required

In order to insure the faithful fulfillment of its terms, each Proposal shall be accompanied by a Proposal Guaranty payable for the amount required in the Notice to Contractors to the order of the Massachusetts Port Authority. The amount of the Proposal Guaranty will be returned to the Bidder unless retained by the Authority under the conditions hereinafter stipulated.

The Proposal Guaranty shall be enclosed in the sealed envelope with the Proposal.

The Proposal Guaranty shall consist of a bid deposit in the form of a bid bond or cash or a certified check, or a treasurer's or cashier's check issued by a responsible bank or trust company, payable to the Massachusetts Port Authority.

Article 8. Withdrawal of Proposals

A Bidder may withdraw his/her Proposal provided the request in writing is in the Capital Programs Department Office of the Authority by the time set for opening Proposals. When such Proposal is reached during the opening of bids, it will be returned to the Bidder unread.

Article 9. Public Opening of Proposals

Proposals will be opened and read publicly at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present.

Article 10. Rejection of Proposals

Proposals which fail to meet the requirements of Articles 5, 6, and 7 or which are incomplete, conditional or obscure, or which contain additions not called for, or which contain abnormally high or abnormally low prices for any class or item of Work, may be rejected as informal.

More than one Proposal for the same item from the same Bidder, whether or not the same or different names appear on the signature page, will not be considered. Reasonable proof for believing that any Bidder is so interested in more than one Proposal for the Work contemplated

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will cause the rejection of all Proposals made by him/her directly or indirectly.

Any or all Proposals will be rejected if there is reason for believing that collusion exists among the Bidders.

If a Proposal is made by two or more individuals, partnerships, or corporations, or a combination of these, the parties joining to make the bid are warned to inform themselves of the laws governing the making and acceptance of such a bid. Any submitted bid that is not legal will be rejected.

Article 11. Disqualification of Bidders

Bidders whose proposals have been rejected because of evidence of collusion, as specified in Article 10, will not be considered in future proposals for the same Work.

Article 12. Competency of Bidders

No contract will be awarded except to responsible and eligible Bidders capable of performing the class of Work contemplated. Before the award of the Contract, any bidder may be required by the Authority to submit information in writing, in such form as the Authority may require, showing that s/he has the skill, ability and integrity necessary to the faithful performance of the Work, and 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.

Article 13. Material Guaranty

Before any contract is awarded, the Bidder may be required to furnish without expense to the Authority a complete statement of the origin, composition, and manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which samples may be subjected to the tests required by the Authority to determine their quality and fitness for the Work.

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CHAPTER III

AWARD AND EXECUTION OF CONTRACT

Article 14. Consideration of Bids

The Authority reserves the right to reject any or all Proposals, to waive technicalities, and to advertise for new proposals, or proceed to do the Work otherwise, as it may deem best for its own interest.

Where Chapter 149, Sections 44-A to 44-H, inclusive, as amended, shall apply to the Work as indicated in the Notice to Contractors, the Authority reserves the right to reject any or all Proposals, and to reject any general or subbid which fails to comply with the statutory requirements.

Article 15. Award of Contract

The Contract will be awarded by the Authority to the lowest responsible and eligible Bidder, within thirty (30) days, (Saturdays, Sundays, and legal holidays excluded), after the opening of bids or within thirty (30) days, (Saturdays, Sundays, and legal holidays excluded), after the approval of a federal agency when federal funds are involved. The successful Bidder will be notified in writing, by mail or otherwise, that his/her bid has been accepted and that s/he has been awarded the Contract.

Article 16. Return of Proposal Guaranty

The Proposal Guaranty, except those of the three lowest Bidders, will be returned within five (5) days, (Saturdays, Sundays, and legal holidays excluded,) following the opening of the bids. The others will be retained until the execution of the Contract.

Article 17. Contract Bond Required

A bond (or bonds) will be required for the faithful performance of the Contract, payment of all persons performing labor or furnishing materials in connection therewith, and other attendant obligations in such sum (or sums) as may be fixed by the Authority in the Bid Proposal. The surety shall be a surety company or securities satisfactory to the Authority.

Article 18. Execution of the Contract and Notice to Proceed

The successful Bidder to whom the Contract is awarded shall appear at the Capital Programs Department Office of the Authority with the surety offered by him/her, and execute the Contract within five (5) days, (Saturdays, Sundays, and legal holidays excluded), from the date of the notice from the Authority to the Bidder that the Contract is ready for signature. The Contract shall be in writing and shall be executed in duplicate, of which one copy each will be retained by the Authority and the Contractor.

The Authority will issue to the Contractor a Notice to Proceed within ten (10) days (Saturdays, Sundays, and legal holidays excluded), following the execution of the Contract.

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Article 19. Failure to Execute Contract

Should the successful Bidder fail to execute the Contract and furnish the Contract bond within the time stipulated, the Authority may, at its option, determine that the Bidder has abandoned the Contract and thereupon the Proposal and acceptance shall be null and void, and the guaranty accompanying the Proposal shall be retained and collected by the Authority, not as a penalty but as liquidated damages, for the delay and expense caused by the abandonment of the Contract.

Award may then be made to the next lowest responsible Bidder, or the Work re-advertised, or the Authority may proceed in any lawful manner to secure the accomplishment of the Work.

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CHAPTER IV

SCOPE OF WORK

Article 20. Intent of Plans and Specifications

It is the intent that the Plans and Specifications shall prescribe a complete Work or improvement. The Contractor shall remove all obstructions from within the lines of the improvement; and shall do such additional, extra, and incidental Work as may be considered necessary to complete the Work in a substantial and acceptable manner; and when it is so completed, s/he shall leave the Work in a neat and finished condition.

The Contractor shall do all the Work and furnish all the materials, equipment, tools, and appliances, except as otherwise specified, necessary or proper for performing and completing the Work required by the Contract, in the manner and within the time specified. S/He shall complete the entire Work to the satisfaction of the Engineer, and in accordance with the Plans and Specifications for the Work, at the prices agreed upon.

All Work to be done and furnished under the Contract shall be done and furnished strictly pursuant to, and in conformity with the Plans and Specifications for the Work, which said Plans and Specifications shall form part of the Contract, and also in accordance with the directions of the Engineer as given from time to time during the progress of the Work pursuant to the terms of the Contract. The Notice to Contractors and the Proposal submitted by the Contractor shall also form part of the Contract.

The Contract shall include grading, where indicated outside the location of the Work, and other miscellaneous Work as shown on the Plans and as directed.

Copies of all A.S.T.M., F.A.A. and A.A.S.H.T.O. Specifications will be available for reference at the Capital Programs Department Office of the Authority.

Article 21. Errors or Discrepancies

In the event that the Contractor discovers any apparent error or discrepancy in the Plans and Specifications, s/he shall call immediately upon the Engineer for his/her interpretation, and such interpretation or decision shall be final.

Documents Complementary: Certain items of detail and work which are or which may be included in the Technical Specifications and not shown on the Contract Drawings, or shown on the Contract Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. In case of difference between small- and large-scale drawings, the large-scale drawings shall govern. On any of the Contract Drawings where a portion of the work is detailed or drawn out and the remainder is shown in outline, the parts detailed or drawn out shall also apply to all other like portions of the work.

Article 22. Alteration of Work

Should it be found desirable by the Authority to make Alterations in the form or character of any of

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the Work done or to be done, the Authority may order such Alterations to be made, defining them in writing, and the Alterations shall be made accordingly.

The Authority reserves and shall have the right to make such changes from time to time in the Plans, the form, character and quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner, provided that such Alterations do not change the total cost of the Contract (based on the originally estimated quantities and the unit prices bid) by more than twenty-five (25) percent, and provided further that such Alterations do not change the total cost of any major item (based on the originally estimated quantities and the unit price bid) by more than twenty-five (25) percent. A major item shall be construed to be any item the total cost of which is equal to or greater than ten (10) percent of the total Contract amount, computed on the basis of the Proposal quantity and the Contract unit prices. Should it become necessary for the best interests of the Authority to make changes in excess of that herein specified, the same shall be covered by supplemental agreement.

In the event that the quantity of any item of Work as to which a unit price (or prices) is applicable is increased or decreased by an Alteration in the Work, the Contractor shall perform such item of Work as altered at the Contract unit price or prices. Payment for any other Alteration in the Work shall be made on a cost-plus or force account basis in accordance with the provisions of Article 80. An appropriate credit or deduction shall be made with respect to any portion of the Work, which is no longer to be performed as a result of an Alteration, deletion and/or omission. In the event that the Alteration, deletion and/or omission shall diminish the cost of the Work, no allowance will be made for anticipated profits and a credit to the Authority shall be computed in the same manner as payment for extra Work stated under Article 80.

The Engineer may at any time in writing request the Contractor to submit to the Engineer a written proposal indicating the price at which the Contractor would perform certain Alterations in the Work described by the Engineer in his/her request. Upon receipt of such a request, the Contractor shall prepare and submit such proposal as promptly as possible. Such written request by the Engineer shall not be considered a direction or order to perform Alterations in the Work, it is a request for a proposal only. If the Contractor and the Authority agree in writing as to the price to be paid the Contractor for certain Alterations in the Work; payment shall be made by the Authority in accordance with the provisions of said agreement.

In the case of any Alterations in the Work, so much of the Contract as is not necessarily affected by such Alterations shall remain in force upon the parties thereto, and such Alterations shall be made under the terms of and as part of the Contract, and the security for the performance of the Contract shall in nowise be invalidated, but shall be held to secure in like manner the performance of the Alterations made under the Contract and of any extra Work done under the provisions of Article 23.

Should an Alteration by the Authority result in a decrease in the amount of Work to be performed under this Contract, a corresponding decrease in the time allotted for performance of the Contract will be made. If the Contractor and the Authority are not able to agree upon such decrease, the Director of Capital Programs and Environmental Affairs of the Authority shall in the exercise of his/her independent judgment render a decision in writing as to the appropriate size of such decrease. This decision shall be final and conclusive.

The Contractor shall not start Work on any Alteration requiring a supplemental agreement until the agreement setting forth the agreed price or prices shall be executed by the Authority and the

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Contractor. In the case where an Alteration in the Work requires a supplemental agreement, but the Authority and the Contractor are not able to agree thereon, the Authority reserves the right to terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the Work.

Whenever an order to perform Alterations in the Work has been issued, or whenever the Engineer shall direct, order or require Work which the Contractor considers to be Alterations and as to which Contractor has a claim for additional compensation or otherwise, the Contractor shall, in addition to submitting a Notice of Alteration Request as described below, at the end of each day submit to the Engineer a daily summary and listings of the types described in Article 23 in connection with extra Work claims. Submission by the Contractor of the above notice of claim, daily summaries and listings, in the circumstances described above, shall be a condition precedent to allowance of a claim by the Contractor for additional compensation due to an order to perform Alterations in the Work or an order requiring such Work which the Contractor considers to be Alterations in the Work.

If at any time an order to perform Alterations in the Work has been issued or Contractor contends that acts or omissions of Authority or its designated representatives constitute an Alteration to the Work, Contractor shall within seven (7) calendar days after such order or act or omission submit a written Notice of Alteration Request explaining in detail the basis for the request. If Contractor intends to assert a Claim, it must, within seven (7) calendar days after receipt of an Alteration Request from the Authority or at the time of submission of a Notice of Alteration Request provide written notification of such intent to submit a Claim and the basis thereof (Notice of Claim), and shall comply with the following requirements:

13.1 Documentation Substantiating Alteration Requests:

Contractor shall supply certified pricing within fourteen (14) days after providing written Notice of Claim for an increase to the Contract Amount for an Alteration in the Work. Contractor’s pricing shall remain firm for a period of not less than sixty (60) days after delivery of the certified pricing. Any delay in the submission of all necessary supporting documentation or the determination of pricing will not justify or constitute a basis for an increase in the Contract Amount. Contractor’s submittals shall be on forms acceptable to the Engineer.

Contractor shall certify in writing that the amounts included in the Notice of Alteration Request or Notice of Claim covers all direct, supplemental, indirect, consequential, and serial and cumulative costs, as applicable, and that those costs would be or were necessarily incurred, despite the Contractor’s reasonable and diligent efforts to mitigate them. If the Authority does not agree to a lump sum amount or unit price for any approved Alteration, the pricing for the Alteration shall be determined on the basis of the actual Cost of the Work for the approved Alteration. Contractor’s certified pricing shall detail all applicable elements of costs, including, but not limited to, labor, man-hours and payroll costs, quantities, crew mixes, production rates, material costs, subcontractor and supplier costs, equipment costs, and supplemental costs. With respect to Work during other than normal hours, the labor charges associated with such Work shall consist of straight time wages and burden, plus the appropriate overtime or shift premium with no additional burden

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(i.e., fringe benefits) on the premium portion. All overtime must be preapproved by the Resident Engineer or his/her designated representative. Certified pricing shall cover all aspects of the Work involved, whether relating to deleted, added, revised, or impacted items of Work. Amounts for Subcontractors or suppliers at any tier shall be equally supported. No submittal for an adjustment in the Contract Amount shall be valid unless submitted in accordance with this Article. Contractor shall execute a certificate of current costs or pricing data. This certificate shall be supplied at the time Contractor submits pricing information for any and all Notice of Alteration Requests or Notice of Claim. The certificate of current costs or pricing data shall contain the following statement: “This is to certify that, to the best of my knowledge and belief, the costs or pricing data submitted, either actually or by specific identification in writing, to Engineer or any of its authorized representatives, in support of [identify the request for price adjustment, giving the appropriate reference and date] are accurate, complete and current as of [insert the day, month and year when submittal was provided to Engineer]. Contractor: [type name] By: [type name] Title:

Date of Execution: [insert the day, month and year of signing, which should be the same date as when the pricing information is submitted]

If any price, including profit or fee, negotiated or agreed to under this Article, or any cost reimbursement under this Contract was increased by any amount because Contractor furnished costs or pricing data that were not complete, accurate, and current as certified in its certificate of current costs or pricing data, the price or costs shall be reduced accordingly, and this Contract shall be modified to reflect the reduction. Contractor is also placed on notice that, to the extent any submittal is determined to be a false claim based on any state or federal law, Contractor will be liable to the Authority for all remedies permitted by applicable statutes.

13.2 Waiver of Claims:

Any failure by Contractor to meet all notice requirements and to timely present certified pricing under this Article shall be a waiver of any right arising from the Notice of Alteration Request, Notice of Claim or any Dispute resulting therefrom.

13.3Failure to Agree:

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Failure by the Authority and Contractor to agree on any adjustment shall be a Dispute and will be resolved in accordance with the terms and conditions of this Contract. However, nothing in this Article shall excuse Contractor from proceeding with this Contract as altered.

The decision of the Engineer shall be final and conclusive with respect to all questions that may arise concerning the interpretation and application of the provisions of its Article, the amount of Alterations in the Work, and the value of Alterations in the Work; provided, however, that any dispute about revision (extension or contraction) of any Milestone or the Contract completion time due to an Alteration in the Work shall be decided by the Director of Capital Programs and Environmental Affairs of the Authority in accordance with the provisions of Article 74. Such decisions of the Engineer may be made by him after completion of the Work required by the Contract but shall be made before payment of the final estimate by the Authority.

If the Contractor claims that the performance of certain Alterations in the Work (or Work which the Contractor claims to be Alterations in the Work) will delay the contract completion time, it shall, as a condition precedent to the allowance of any such claim, comply with the provisions of Article 74 hereof.

Article 23. Extra Work

The Contractor shall do any extra work when and as ordered in writing by the Authority ("Extra Work Order"). Payment therefor will be made on the basis of an agreement for Extra Work or on a cost-plus basis in accordance with the provisions of Article 80.

The Engineer may at any time in writing request the Contractor to submit to the Engineer a written proposal indicating the price at which the Contractor would perform certain Extra Work described by the Engineer in his/her request. Upon receipt of such a request, the Contractor shall prepare and submit such proposal as promptly as possible. Such written request by the Engineer shall not be considered a direction or order to perform Extra Work; it is a request for a proposal only.

If the Contractor and the Authority agree in writing as to the price to be paid the Contractor for certain Extra Work ("agreement for extra work"), payment shall be made by the Authority in accordance with the provisions of said agreement.

No Extra Work shall be performed except pursuant to such a written Extra Work Order or such a written agreement for Extra Work.

In the absence of any such written Extra Work Order or any such written agreement for Extra Work, as described above, if the Engineer shall direct, order or require any Work which the Contractor claims to be extra, the Contractor shall nevertheless comply therewith, but shall within seven (7) days after receipt of such direction, order or requirement submit a written notice to the Engineer (l) describing the Work the Contractor claims to be extra; and (2) stating why Contractor claims it to be extra.

Whenever a written Extra Work Order directing the performance of Extra Work has been issued, or whenever the Engineer shall direct, order or require any Work which the Contractor claims to be extra, the Contractor shall at the end of each day submit to the Engineer the following:

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(l) a daily summary, in writing, on a form approved by the Director of Capital Programs and Environmental Affairs of the Authority, showing the name and number of each workman employed on such Work, the number of hours which s/he is employed thereon, the character of his/her duties, and the wages to be paid to him/her.

(2) a listing of the number and types of equipment used in the performance of such Work, the hours each piece of equipment worked, the identification number of each piece of equipment, and the rental claimed therefor, and

(3) a listing showing the amount and character of any extra materials furnished, from whom they were purchased, and the amount to be paid therefor.

The aforesaid requirements with respect to notice, the daily summary and listings are for the purpose of affording to the Engineer an opportunity to verify the Contractor's claim at the time, to cancel promptly (if s/he desires so to do) such order, direction or requirement, and to keep an accurate record of the materials, labor and other items involved, and generally of affording to the Authority an opportunity to take such action as it may deem desirable in light of the Contractor's claims. Accordingly, submission by the Contractor of such notices, daily summaries and listings, in the circumstances described above, shall be a condition precedent to allowance of any claim by the Contractor for additional compensation due to Extra Work. The Engineer shall have no authority to modify or waive, expressly or by implication, the above requirements as to notice, daily summaries and listings, and any action or statements by the Engineer to such effect shall not be binding upon the Authority.

The keeping of costs by the Engineer shall not in any way be construed as proving the validity of the Contractor's claim.

At any time or times after the commencement of Work by the Contractor pursuant to (l) a written Extra Work Order or (2) an order, direction or requirement of the Engineer as to which the Contractor has submitted a written notice, as aforesaid, claiming the Work to be extra, the Engineer may by written notice direct the Contractor to submit to the Engineer, within such time as the Engineer shall specify in writing (a) a written statement of the amount which the Contractor claims is at that time owing for said Extra Work or claimed Extra Work (said amount being computed on a cost-plus or force account basis in accordance with Article 80 hereof) and (b) a breakdown or itemized summary showing in detail satisfactory to the Engineer how such amount was computed. If the Contractor and the Authority agree in writing as to an amount to be paid the Contractor for such Extra Work or claimed Extra Work, payment shall be made by the Authority in accordance with the provisions of said agreement. If, within a reasonable time (to be determined by the Engineer) after the date the Contractor submitted or should have submitted the aforesaid statement and breakdown, the Contractor and the Authority have not so agreed in writing, the Engineer shall in the exercise of his/her independent judgment, decide in writing: (l) with respect to Work claimed by the Contractor to be extra, whether such Work was or was not Extra Work; and (2) with respect to Extra Work, what amount is properly owing to the Contractor. Copies of any such decision shall be sent to the Contractor and to the Authority.

The decision of the Engineer shall be final and conclusive with respect to all questions as to what constitutes Extra Work, the amount of Extra Work and the value of Extra Work. Such decisions may be made by the Engineer after completion of the Work required by the Contract but shall be made before payment of the final estimate by the Authority.

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If the Contractor claims that the performance of certain Extra Work (or Work which the Contractor claims to be extra) will delay the Contract completion time, Contractor shall, as a condition precedent to the allowance of any such claim, comply with the provisions of Article 74 hereof.

Article 24. Maintenance of Marine Traffic and Air Traffic

A. Where the Contract involves dredging, other construction activities, or use of floating equipment in navigable waters, the Work shall be so conducted as to cause no unnecessary delay or obstruction to the free passage of marine traffic; and such Work must be conducted in accordance with the applicable regulations of the United States Army Corps of Engineers and the United States Coast Guard.

B. Air traffic will continue to use existing runways and taxiways of the Airport during the time that Work under this Contract is being performed. The Contractor shall at all times so conduct his Work as to create no hindrance, hazard, or obstacle to air traffic using such portions of the Airport as are not officially closed to air traffic and must, at all times, conduct the Work in conformance with the requirements of the Authority and F.A.A. Chief Control Tower Operator or his authorized representative.

The Contractor shall not operate construction equipment within the approaches to any runway without the prior approval of the Chief Control Tower Operator or his/her authorized representative, which approval shall be obtained solely through the Engineer. Approval to Work within such limits shall be only for the time or times designated. No equipment shall use the existing runways or taxiways as access roadways nor shall the vehicles of the Contractor or his employees enter upon any of the existing runways, taxiways, loading areas, or approach zones without first having received permission to do so from the Authority and the Chief Control Tower Operator or his authorized representative. Materials and equipment not in use shall be stored or parked in areas designated by the Engineer and outside of the runway approach zones. The Contractor shall be responsible for restricting his/her equipment and personnel to the immediate vicinity of construction and to authorized areas, and shall take such precautions, at his/her own expense, as are necessary in the opinion of the Engineer to assure compliance with these requirements.

During all Working hours when construction or operations incidental thereto under this Contract are in progress in the immediate vicinity of the landing areas or active taxiways (as determined by the Engineer), the Contractor shall furnish monitor vehicles with two-way radio communication with the Airport Control Tower. Such radio communications shall be manned at all times by a qualified operator and shall be operated in conjunction with a loud speaker system, so that instructions from the Control Tower may be passed on immediately to all the Contractor's personnel and equipment. The number of radio monitor vehicles will depend on the number of control points necessitated (in the opinion of the Authority) by the access routes and construction procedure used by the Contractor. Radios, operators, and vehicles, and communication procedure shall all be satisfactory to the Authority. The monitor vehicles and the two-way radio sets shall be continuously maintained in satisfactory operating condition by the Contractor.

The Contractor shall hold harmless the Authority, the Engineer, and their respective agents or representatives from any and all claims for damages, costs, expenses, judgments, or decrees resulting from negligence on the part of the Contractor and/or any subcontractor, or

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his/her, their, or its agent or employees in conducting the Work as required by this Article.

All costs of safeguarding personnel and equipment, maintaining air traffic, maintaining the construction area free of hazards to such traffic, maintaining radio communications, and complying with other requirements of this Article shall be considered incidental to the Work under this Contract and shall be included in the respective Contract prices, and no additional payment therefore shall be made unless otherwise specified in the Special Provisions.

Article 25. Removal and Disposal of Structures and Obstructions

Existing structures found within the location of the Work, which are to be replaced or rendered useless by new construction, shall be removed by the Contractor at his/her own expense whether or not indicated on the Plans as existing unless otherwise provided in the Plans and Specifications. When such structures are situated so as not to interfere with the Work, the removal shall not be undertaken until the new replacement structures are ready for use or until the Engineer shall permit.

All material in existing structures requiring removal shall be removed as directed by the Engineer.

Unless otherwise provided, the material from any existing structures may be used temporarily by Contractor during construction. All discarded material, rubbish, or debris shall be removed from the Work Area and Authority property and properly disposed of (according to all laws, ordinances, regulations, orders and decrees) at the Contractor's expense. No foreign material or debris shall be permitted to enter a waterway or drainage system.

Article 26. Rights in the Use of Materials Found on the Work

The Contractor, upon his/her written request to and with the written approval of the Engineer, may take suitable ledge, gravel, sand, loam, clay, or other material from within the location lines of the Work and use it for other purposes than for forming embankments. If such use necessitates securing additional material to complete the Work, the Contractor shall at his/her own expense, furnish an amount of borrow of a satisfactory quality, equal to the amount of material taken, as measured in excavation unless otherwise specified. The Contractor shall not excavate or remove any material, which is not within the excavation as indicated by the slope stakes and grade lines without written approval. No excavated material suitable for use shall be wasted unless as directed.

Article 27. Final Cleaning Up

Upon completion of the Work and before acceptance and final payment, the Contractor shall remove, at his/her own expense, from the site of the Work, from adjoining property, and from the Contractor's camp site on Authority property, all temporary structures and all surplus material and rubbish which may have accumulated during the prosecution of the Work, and shall leave the Work in a neat and orderly condition. The Contractor shall insure that neither soil nor ground water have become contaminated from his/her activities. In the event of a "release to the environment", the Contractor shall insure that appropriate notifications to the Authority's Project Manager, Chief of Environmental Management, the Massachusetts Department of Environmental Protection and other agencies with jurisdiction are made immediately and that all appropriate and required remedial actions are undertaken by the Contractor at his/her expense.

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No equipment shall be left at the site of the Work or in the vicinity of the Work without the written permission of the Engineer.

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CHAPTER V

CONTROL OF WORK

Article 28. Authority of the Engineer

The Engineer shall decide all questions which may arise as to the quantity, quality, acceptability, fitness, and rate of progress of the several kinds of Work to be performed and materials to be furnished under the Contract, and shall decide all questions which may arise as to the interpretation of any part of the Contract, especially the Plans and Specifications which are a part thereof, as to the fulfillment of this Contract on the part of the Contractor, and the determination and decision of the Engineer shall be final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder; provided, however, that all questions and disputes concerning revision (extension or contraction) of the contract completion time shall be decided by the Director of Capital Programs and Environmental Affairs of the Authority in accordance with the provisions of Article 74.

Article 29. Plans, Detail Drawings and As-built Drawings

Approved Drawings, details, profiles and sections on file in the office of the Engineer will show the location, details, and dimensions of the Work contemplated, and all Work shall be in strict conformity therewith and with the Specifications.

Supplemental, detail, and Working drawings as required in the Specifications and furnished by the Contractor shall upon approval become a part of the complete Drawings. Such approval of supplemental, detail, and Working drawings, however, shall not operate to relieve the Contractor of any of his/her responsibility under the Contract for the satisfactory completion of the Work, nor for the accuracy of the dimensions, details or quantities or for their agreement.

The detail drawings shall be made on the dull side of tracing cloth and shall be of the same size as the original contract drawings, with margins and titles conforming thereto. When submitting detail drawings for approval, complete sets of prints as directed shall be furnished the Engineer who will return one set either approved or with corrections marked thereon. Finally, the Contractor shall furnish the Engineer with complete sets of prints as directed of the corrected and approved detail drawings. No changes shall be made in the approved drawings without the written consent of the Engineer.

The tracings of all detail drawings, on ink on not less than .003 in. single matted Mylar, shall be delivered to the Engineer upon completion of the Work and shall become the property of the Authority.

The Contract price shall include the cost of furnishing all Working drawings and the Contractor will be allowed no extra compensation therefore.

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Any Work done or materials furnished by the Contractor prior to the approval of the Working drawings shall be at his/her own risk. The words "approved as noted" or words of similar import placed by the Engineer on a contract or shop drawing submittal mean that all items and details of the drawing submitted are fully approved with the exception of those items or details that are specifically marked for further action. The withholding of an unqualified approval by the Engineer with respect to any contract drawing or shop drawing in its entirety shall under no circumstances constitute a basis for delay in arranging for and proceeding with the manufacturing, fabricating, delivering and installing, in accordance with the Contract, of those items or details on such drawing which have been approved as aforesaid.

The Contractor shall maintain at the site, a set of Contract Plans on which to record the as-built conditions. These As-Built Drawings shall be updated on a daily basis, as the Work progresses, showing what was actually constructed, the dimensions and grades of all Work, located horizontally and vertically to the nearest 0.1 of a foot, indicating thereon all exposed features uncovered during the Work and all other construction Work items completed under this Contract. The Contractor shall require the Subcontractors to participate daily in the As-Built Drawing updates, which shall show all Work, as it was built or discovered, including the Work of all Subcontractors. As-Built Drawings of hidden features shall be based upon measurements taken by the Contractor before covering them. These As-Built Drawings shall be kept current and available for review by the Inspector or Resident Engineer, the Engineer and the Authority at all times. The Contractor shall forward a copy of the current As-Built Drawings with each payment requisition to the Inspector or Resident Engineer. At the sole discretion of the Authority, Contractor’s application for payment may either be withheld or modified for any portion of the constructed Work’s respective payment item unless accompanied by its As-Built Drawings. As a minimum, for underground utilities (uncovered, existing or installed) the As-Built Drawings shall show the type of feature, material, size, elevation (top and/or flow line) and horizontal position by the project datum (northing, easting and elevation) at every change in direction and minimally every 50 feet.

Prior to final acceptance and payment by the Authority, the Contractor must submit to the Consultant all of the Contractor-prepared As-Built Prints. Each As-Built Print must include a Contractor-signed certification statement that confirms the completeness and accuracy of as-built conditions. The Consultant then updates the As-Built Drawings to provide 4-mil Mylar drawings and electronic AutoCAD files, along with scanned 200 dpi TIFF files of As-Built Mylar Drawings. Each As-Built Mylar Drawing must also include a Contractor-signed certification statement that confirms the completeness and accuracy of documented as-built conditions. Such statement shall read: "This Drawing reflects As-Built Conditions as certified by (insert contractor's name)." The Consultant then delivers to the Authority the certified As-Built Drawings..

Article 30. Conformity with Plans and Allowable Deviations

The finished Work shall conform in all respects to the lines, grades, cross sections and dimensions given on the approved Plans. Where conditions make it necessary or desirable for deviation from the approved Plans, such changes shall be made as specified in Article 22 upon authorization in writing by the Engineer.

Attention of the Contractor is directed to the provisions of Section 39-L, Chapter 30 added by Chapter 771 of the Acts of 1960, for the performance of all Work in conformity with the Plans and Specifications and to the penalties contained in said act for unauthorized deviations from the Plans and Specifications willfully performed and with the intent to defraud.

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Article 31. Coordination of Plans and Specifications

The Plans, Specifications and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be mutually complementary and to describe and provide for a complete Work. In case of unresolvable inconsistency, Plans and/or Drawings ("Plans") shall take precedence over Technical Specifications (Division III), and Special Provisions (Division II) shall take precedence over both Plans and Technical Specifications. In the event of any unresolvable conflict, the Special Provisions, Technical Specifications and Plans shall take precedence over the General Requirements (Division I).

Article 32. Cooperation by Contractor

The Contractor will be given six copies of approved Contract Plans and detail sheets, the Contract, the Specifications, and Amendments thereto. S/He shall have one copy of such information at the location of the Work and available for reference at all times during the prosecution of the Work. The Contractor shall at all times have on the Work, as his/her agent, a competent and reliable Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, who shall be authorized to receive and act on instructions from the Engineer or his/her authorized representative. The Superintendent shall have full authority to execute, and shall execute, the directions of the Engineer without delay, and shall promptly supply such materials, tools, equipment and labor as may be required.

Whenever the Contractor is not present on any part of the Work when it may be desired to give directions, orders will be given by the Engineer and they shall be received and executed by the Superintendent or Foreman including Foreman of Sub-Contractors who is in charge of the particular Work in reference to which the orders are given.

The Contractor shall provide all reasonable facilities to enable the Engineer to inspect the Workmanship and materials entering into the Work. S/He shall cooperate in the matter of setting and preserving stakes, benchmarks, etc., for controlling the Work.

The Contractor shall so carry on his/her Work under the direction of the Engineer that public service corporations or municipal departments may enter on the Work to make changes in their structures or to place new structures and connections therewith without interference, and the Contractor shall have no claim for or on account of any delay which may be due to or result from said Work of public service corporations or municipal departments.

Article 33. Adjacent and Concurrent Contracts

The Contractor shall carry on his/her Work concurrently with that being done on other contracts or Work (if any) adjacent to or in conjunction with the project, so as to provide for all possible cooperation towards the satisfactory completion of the Work with a minimum of delay and inconvenience. Where necessary and insofar as possible, s/he shall permit other contractors free and unobstructed passage over the Work in the field and/or buildings. S/He shall have no claim against the Authority for or on account of any damage or delay due to the operations of other contractors or their movements over his/her section of the Work.

The Contractor shall be responsible for conducting all his/her operations so as not to create any hindrance, hazard, delay, or obstacle or to cause any damage to the concurrent Work being performed by others or to any existing installations, buildings, etc. It shall be the Contractors'

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responsibility to cooperate with all other contractors doing Work on the project and to make mutually agreeable arrangements with them and with the Engineer for the expediting of his/her Work.

If there be a difference of opinion as to the respective rights of the Contractor and others within the limits of or adjacent to the Work, the Engineer will decide as to such rights in order to secure for the Authority the completion of the Work in general harmony and in a satisfactory manner, and his/her decision shall be final and binding on the Contractor.

Article 34. Surveys

The Engineer will establish only such base lines and bench marks in the vicinity of the Work, which are in his/her opinion necessary to perform the Work.

The Contractor shall furnish, free of charge, all stakes and such temporary structures as may be necessary for marking and maintaining points and lines given by the Engineer, and shall provide the said Engineer such facilities and materials for giving said lines and points as s/he may require, and the Engineer's marks shall be carefully preserved.

The Engineer will make all surveys for quantity and payment.

The Contractor shall furnish all persons and equipment for and shall perform all surveys which s/he may require for performances and control of the Work, and shall furnish the Engineer, without additional compensation, all survey information established by the Contractor during the performance of the Work.

Article 35. Authority and Duties of Engineer's Assistants

The Engineer may appoint such assistants as s/he desires and they shall be authorized, subject to the provisions of this Contract, to inspect the Work and materials, to give directions pertaining to the Work or to the safety and convenience of the public, to approve or reject materials, to make measurements of quantities, and to perform such other duties as may be designated by the Engineer.

In case of any dispute arising between the Contractor and the Engineer's assistants as to materials furnished or the manner of performing the Work, the Engineer's assistants shall have the authority to reject the materials or to suspend the Work until the question at issue can be referred to and decided by the Engineer.

The Engineer's assistants are not authorized under any circumstance to revoke, alter, enlarge, relax, or release any requirements of these Specifications, nor to issue instructions contrary to the Plans and Specifications, and any action or statements by an Engineer's assistant to such effect shall not be binding upon the Authority. They shall in no case act as foreman or perform other duties for the Contractor.

Article 36. Inspection of Work and Materials

The Engineer and the Consulting Engineer and their authorized representatives, representative of the Federal Aviation Administration, and agents and employees of the Authority may enter upon the Work and premises used by the Contractor and the Contractor shall provide safe and proper facilities therefor.

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The inspection of the Work shall not relieve the Contractor of any of his/her obligations to fulfill the terms of the Contract as therein prescribed by the Plans and Specifications.

The Contractor shall furnish the Engineer or his/her authorized representative with every reasonable facility and assistance for ascertaining whether or not the Work as performed is in accordance with the requirements and intent of the Plans and Specifications. If the Engineer so requests, the Contractor shall, at any time before final acceptance of the Work, remove or uncover such portions of the finished Work as may be directed. After examination by the Engineer, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or of the portion removed will be paid for as extra Work, but should the Work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or of the parts removed shall be at the Contractor's expense. The costs to be charged to the Contractor shall include architectural and engineering fees, laboratory tests, surveys, borings, appraisals and all other expenses that may be necessary in the opinion of the Engineer, to determine whether the Work is acceptable. No Work shall be done nor materials used without suitable supervision by the Contractor or without inspection.

The Contractor, if requested, shall furnish written information to the Engineer stating the original sources of supply and dates of manufacture of all materials manufactured away from the actual site of the Work. In order to insure a proper time sequence for required inspection and approval, this information shall be furnished at least two (2) weeks (or as otherwise directed by the Engineer) in advance of the incorporation in the Work of any such materials.

Failure to reject any defective Work or materials shall not in any way prevent later rejection when such defect is discovered or obligate the Authority to make final acceptance.

Article 37. Removal of Defective or Unauthorized Work

All defective Work shall be removed, repaired or made good, notwithstanding that such Work has previously been inspected and approved or estimated for payment. If the Work or any part thereof shall be found defective at any time before the final acceptance of the whole Work, the Contractor shall at his/her own expense make good such defect in a satisfactory manner.

Any Work done beyond the lines and grades shown on the Plans or as given, except as herein provided, or any extra Work done without authority, shall be considered as unauthorized and at the expense of the Contractor. Such Work will not be measured nor compensation allowed therefor. Work so done may be ordered removed at the Contractor's expense.

Upon failure of the Contractor to remove and satisfactorily dispose of any or all defective or unauthorized Work, and to remedy the same after being so notified, the Engineer may cause such defective Work to be remedied, removed, and replaced, and such unauthorized Work to be removed; and all the costs thereof (including architectural and engineering Work, laboratory and/or other tests, surveys, borings and appraisals) will be deducted from any moneys due or to become due the Contractor.

Article 38. Final Inspection

After the Contractor has fully completed, in his/her opinion, all physical Work under this Contract, including extra Work and Alterations in the Work, he will so notify the Engineer in writing.

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Upon receipt of such written notice from the Contractor, the Engineer, if in his/her opinion the Work is sufficiently completed to warrant a Final Inspection, will set up a Final Inspection, to be made within ten (10) calendar days of receipt of the Contractor's written notice by authorized representatives of the Authority, the Engineer, the Federal Aviation Administration, the Contractor and major Sub-Contractors. The Contractor will be notified in return in writing of the time and date of said Final Inspection, or the reasons for not having arranged same.

If the Work or any part thereof is not acceptable to the Engineer at the Final Inspection, s/he shall notify the Contractor in writing of the particular or general defects or parts to be remedied before final acceptance of the Work. No "punch list" or other lists of defects will be furnished to the Contractor by the Engineer prior to the Final Inspection.

This procedure may be modified at the option of the Authority should they desire to take advantage of the provisions of Article 59, Division I, of these Specifications.

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CHAPTER VI

CONTROL OF MATERIALS

Article 39. Identification of Material and Equipment

No materials manufactured or produced by convict labor shall be used on Work financed, either wholly or in part, with federal funds.

The source of supply of each material shall be approved in writing by the Engineer before delivery is started. Materials furnished by the Contractor which do not conform to the Specifications at the time of incorporation into the Work shall not be deemed acceptable simply because they were obtained from a source of supply that had been approved by the Engineer.

The Contractor shall furnish all materials required for the Work specified in the Contract, and said materials shall meet the requirements of the Specifications for the kind of Work involving their use.

Only new and first quality materials, conforming to the requirements of these Specifications and approved by the Engineer, shall be used in the Work. If, after trial, it is found the sources of supply, which have been approved, do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources.

The Contractor shall give a preference in the purchase of supplies and materials, other considerations being equal, in favor, first, of supplies and materials manufactured and sold within the Commonwealth, and second, of supplies and materials manufactured and sold within the United States.

The Contractor may be required to furnish sworn certificates as to quality and quantity of material before said materials are incorporated in the Work.

The Authority strongly encourages the use of recycled products. The Contractor must identify wherever recycled products are to be used.

All electrical, mechanical and HVAC equipment shall be properly identified including manufacturer's name plates, serial number, model, capacity, size, etc. as appropriate for the equipment. Contractor shall also furnish the manufacturer's operating instructions and preventive maintenance manual and recommendations.

Article 40. Samples and Tests

Tests of materials, unless otherwise specified, will be made by the Authority or under its direction. The Contractor shall furnish such facilities as the Engineer may require for collecting and forwarding samples, and shall not make use of, or incorporate in the Work, any material represented by the samples until the required tests have been made and the material accepted. The Contractor in all cases shall furnish the required samples without charge.

Article 41. Delivery and Storage of Materials

Materials and equipment shall be progressively delivered to the site so that there will be neither

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delay in the progress of the Work nor an accumulation of material that is not to be used within a reasonable time. Stockpiling of materials and storage of any construction equipment shall be as far away from the edge of any body of water as is practical, however, in any case, it should not be within 100 feet of wetlands or the edge of any body of water.

Materials shall be stored at the expense of the Contractor so as to insure the preservation of their quality and fitness for the Work. When considered necessary by the Engineer, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and shall be placed under cover when directed. The ground and ground water shall be protected by the Contractor in order to avoid contamination, at his/her expense, to the satisfaction of the Engineer. Stored materials shall be located to facilitate prompt inspection.

No hazardous waste or hazardous materials including but not limited to petroleum products, chemicals, contaminated soil, demolitions, demolition debris, including any vessels containing such materials, are allowed to be stored on the Authority Work site or camp site. (See 740 CMR: Massachusetts Port Authority, Comprehensive Rules and Regulations for Port Properties, Mystic/Tobin Bridge, Boston-Logan International Airport, and Lawrence G. Hanscom Field, August 1987). The Contractor may seek permission from the Authority to have hazardous material on Authority property. Such a request shall be made by the Contractor through the Engineer to the Authority Project Manager. If approved by the Chief of Environmental Management, the Logan Fire Department and the Facility, the Contractor must follow all the requirements in the approval and is totally responsible for compliance with the conditions and terms of the approval and for any cleanup and remediation, in accordance with applicable regulations, that may result from releases to the environment.

Article 42. Defective Materials

Materials not conforming to these Specifications shall be rejected and removed from the Work by the Contractor as directed. No rejected material, the defects of which have been subsequently corrected, shall be used except with the permission of the Engineer. Should the Contractor fail to remove defective material within the time indicated in writing, the Engineer shall have the authority to remove and replace the defective material, and the cost of such removal and replacement will be deducted from any moneys due or to become due the Contractor.

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CHAPTER VII

LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

Article 43. Laws to be Observed

The Contractor shall keep her/himself fully informed of all existing and future state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Contract for this Work in relation to any such law, ordinance, regulation, order, or decree, s/he shall forthwith report the same to the Engineer in writing. S/He shall at all times observe and comply with, and shall cause all agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders and decrees.

The Contractor, if a foreign corporation, shall comply with the provisions of Sections 3 and 5 of Chapter 181 of the General Laws, and acts in amendment thereof and in addition thereto.

Article 44. Permits and Licenses

The Contractor shall give all notices necessary and due in connection with the lawful prosecution of the Work, shall procure all permits and licenses from Federal, State and local authorities as the Authority may deem necessary or appropriate and shall pay all expenses, charges, and fees in connection therewith. No Work shall be undertaken or materials ordered without obtaining such permits, licenses and approvals. Proof of acceptance by the above authorities shall be submitted by the Contractor to the Authority upon completion of the Work. Originals of these documents shall be submitted to the Authority for permanent retention, with a copy of each available at the project site.

Article 45. Motor Vehicles Used on the Work

All motor vehicles used wholly or in part within the Commonwealth by the Contractor or any Subcontractor, or by any persons directly or indirectly employed by him/her or them in the execution of the Contract, either shall be registered in the Commonwealth of Massachusetts and bear Massachusetts registration plates, or shall be operated under a permit issued by the Registrar of Motor Vehicles in accordance with the provisions of Chapter 90 of the General Laws, and amendments thereto.

Article 46. Insurance

The Contractor shall take out and maintain the insurance coverages listed in this Section. This insurance shall be provided at Contractor’s expense and shall be in full force and effect for the full term of the Agreement except as otherwise specified herein. All deductibles and/or retentions are the responsibility of the Contractor. Contractor may offer insurance coverages that are structurally different than those outlined in this section but that are acceptable to Authority in its sole discretion.

All policies shall be issued by companies authorized to write that type of insurance under the laws of the Commonwealth of Massachusetts and have a minimum A.M. Best’s rating of "A-" and a financial size of IX, or otherwise acceptable to the Authority.

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The Contractor shall submit certificates of insurance for all coverages required in this Section, acceptable to Authority, simultaneously with the execution of this Agreement. Certificates shall show Authority as an additional insured as to Commercial General Liability, Business Auto Coverage, Umbrella Liability and Pollution Legal Liability and shall state that none of the coverages shall be cancelled, terminated, or materially modified unless and until 30 days prior notice is given in writing to Authority or10 days notice of cancellation due to non-payment of premium. Contractor shall submit updated certificates prior to the expiration of any of the policies referenced in the certificates so that Authority shall at all times possess certificates indicating current coverage.

If Authority is damaged by Contractor’s failure to maintain such insurance and to comply with the terms of this Agreement, then Contractor shall be responsible for all costs and damages to Authority attributable thereto.

A. Commercial General Liability Insurance:

1. Contractor shall procure and maintain Commercial General Liability Insurance as hereinafter specified, at Contractor’s own expense, during the TERM of this Agreement, written on an “occurrence” basis.

2. This insurance must protect Contractor from all claims for bodily injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under this Agreement, whether such operations are by Contractor or by any subcontractor or anyone directly or indirectly employed by Contractor or by a subcontractor. In the event any of the hazards or exposures, normally listed in a standard ISO Commercial General Liability policy as “Exclusions,” are involved or required under this Agreement, then such hazards or exposures shall be covered and protection afforded under the amended policy.

3. Liability Insurance Limits and Coverages

a. Contractor shall provide the following minimum Commercial General Liability coverage with respect to the operations performed by Contractor and any employee, subcontractor, or supplier:

i. Each Occurrence Limit $1,000,000

ii. General Aggregate Limit $2,000,000

iii. Products & Completed Operations Aggregate $1,000,000

iv. Personal & Advertising Injury $1,000,000

v. Medical Expenses $10,000

b. Limits shall be provided on a per project basis.

c. This policy shall include coverage relating to explosion, collapse, and underground property damage.

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d. This policy shall include contractual liability coverage.

e. If the Work includes Work to be performed within 50 feet of a railroad, any exclusion for liability assumed under contract for Work within 50 feet of a railroad shall be deleted.

f. This policy shall include endorsement CG2010 (07/04 edition) or its equivalent, naming Authority as Additional Insured.

g. This policy shall provide a Waiver of Subrogation. If not included in the standard policy form, this may be accomplished by adding a Waiver of Subrogation endorsement CG2404 (05/09 edition) or its equivalent.

B. Business Auto Coverage:

1. Contractor shall provide a Business Auto policy with a minimum limit of $10,000,000 Each Accident for owned, non-owned, and hired vehicles.

2. The policy shall include a Pollution Liability Endorsement form CA9948 (03/06 edition) or its equivalent.

3. The policy shall name Authority as an Additional Insured. If not included in the standard policy form, this may be accomplished by adding Designated Insured endorsement CA2048 (02/99 edition), or its equivalent.

4. This policy shall provide a Waiver of Subrogation.

C. Workers’ Compensation & Employer’s Liability Insurance:

1. Contractor shall provide Workers’ Compensation and Employer’s Liability Insurance covering all employees at the Worksite in accordance with M.G.L. c.152, as amended. Workers’ Compensation shall provide statutory limits and Employer’s Liability insurance with minimum limits of $1,000,000 for bodily injury by accident and by disease.

2. If applicable, the policy must be endorsed to cover United States Longshoremen & HarborWorkers Act (USLHW), Maritime/Jones Act and/or Federal Employer's Liability Act.

3. Contractor shall require that all subcontractors also maintain such Insurance for their own employees. Contractor accepts full liability and responsibility for all subcontractor employees not so covered. In cases where any class of employees engaged in hazardous Work under this Agreement at the Worksite is not protected under Workers’ Compensation statute, Contractor shall provide, and shall cause each subcontractor to provide adequate and suitable insurance for the protection of such employees not otherwise protected.

D. Pollution Legal Liability:

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1. Contractor shall provide Pollution Legal Liability coverage with a minimum limit of $1,000,000. Coverage must respond to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. Authority shall be named as an additional insured.

E. Builder's Risk/Stored Materials:

1. Contractor shall provide coverage against loss or damage on all Work included in this Agreement in an amount equal to the Total Project Cost. Such coverage shall be written on an all risks basis or equivalent form and shall include, without limitation, insurance against perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, pollution including mold and fungus, pollution cleanup, expediting expenses, testing, mechanical or electrical breakdown, electrical arcing, water damage, earthquake, flood (if the Project is not in an "A" or a "V" flood Zone), windstorm, falseWork, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Contractor’s services and expenses required as a result of such insured loss. This policy and/or installation floater shall indicate if Stored Materials coverage is provided as required below.

2. When Work will be completed on existing buildings owned by Authority, Contractor shall provide an installation floater, in the full amount of the Total Project Cost. Such coverage shall be written on an all risks basis or equivalent form and shall include, without limitation, insurance against perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, pollution including mold and fungus, pollution cleanup, expediting expenses, testing, mechanical or electrical breakdown, electrical arcing, water damage, earthquake, flood (if the Project is not in an "A” or a "V" flood Zone), windstorm, falseWork, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Contractor’s services and expenses required as a result of such insured loss. This policy and/or installation floater shall indicate if Stored Materials coverage is provided as required below.

3. Contractor shall maintain insurance on delivered and/or stored material designated to be incorporated in the Work against fire, theft or other hazards as described above. Any loss or damage of whatever nature to such material while in transit or temporarily stored at an offsite location shall be forthwith replaced by Contractor at no expense to Authority.

4. The policy or policies shall specifically state that they are for the benefit of and payable to Authority, Contractor, and all persons furnishing labor, or labor and materials for the Work, as their interests may appear. The policy or policies shall

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list the Authority, Contractor, and Subcontractors of any tier and any other parties with insurable interest requested by the Contractor as named insureds.

5. Coverage shall include any costs for Work performed by the Contractor or any consultant as the result of a loss experienced during the term of this Agreement.

6. Coverage shall include permission for temporary occupancy and waiver of subrogation in favor of all parties insured under the policy.

Article 47. Patented Devices, Materials and Processes

Whenever the Contractor desires to use any design, device, material, method of operation, or process covered by letters patent or copyright, the right for such use shall be secured by suitable legal agreement with the patentee or owner, and a copy of this agreement shall be filed with the Authority. The entire cost thereof including royalties will be paid by the Contractor in accordance with Article 5A of these Specifications.

No arrangement involving letters patent or copyright is acceptable if subsequent payment for permanent use following completion of the Work is required or implied; and the Contractor shall be responsible for any liability on the part of the Authority, which may result from violation of this Article by the Contractor.

Article 48. Restoration of Facilities Opened by Permit

The Contractor shall not allow any party to modify or break open any portion of the Work, either while in progress or after that portion is complete, except under the direction of the Engineer and the presentation of a duly authorized permit. The holder of such a permit shall be considered in the same class as a contractor on an adjacent contract and the provisions of Article 33 shall apply.

Article 49. Massachusetts Sales Tax Exemption

The Contractor's attention is directed to Chapter 757, Section 6, Legislative Acts of 1967, effective January 1, 1968 which exempts certain sales and gross receipts therefrom, and amendments thereto, including Chapter 313, Section 1, Legislative Acts of 1998, effective August 28, 1998, which exempts sales of building materials and supplies to be used in the construction, reconstruction, Alteration, remodeling or repair of any building, structure, residence, school or other facility included under any written contract arising out of or related to the Authority residential and school soundproofing programs, notwithstanding whether such building, structure, residence, school or other facility is owned by or held in trust for the benefit of the Authority or is used exclusively for public purposes.

The exemption number assigned to the Massachusetts Port Authority as an exempt purchaser is E046-006-429.

Article 50. Sanitary Provisions

The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the Department of Public Health, local health officials or of other authorities having jurisdiction.

Article 51. Public Convenience and Safety

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The Contractor shall be responsible for the maintenance of traffic over, through, or around the Work included in his/her Contract with the maximum of safety and practicable convenience to such traffic during the life of the Contract, and whether or not Work thereon has been suspended temporarily. S/He shall take all precautions for preventing injuries to persons or damage to property in or about the Work. If the Contractor constructs temporary bridges or provides temporary crossings of streams, his/her responsibility for accidents shall include the roadway approaches as well as the structures of such crossings.

The Work shall be carried on in such a manner as to provide safe passage at all times for public travel and with least obstruction to traffic. The Contractor shall provide and maintain at his/her own expense (except as otherwise provided herein) in a safe and passable condition, such temporary by-passes and temporary bridges as may be necessary to accommodate traffic. Roads shall be closed to travel only as directed by the Engineer. The Contractor shall so carry on his/her Work that travel as specified in the Special Provisions will not be obstructed. The Contractor shall at all times so conduct the Work that the abutters shall have reasonable access to their property as directed by the Engineer. When it is necessary to leave materials and equipment upon the site of the Work or in the vicinity thereof, they shall be placed so as to cause the least possible obstruction to pedestrians and other travel.

Article 52. Barricades and Warning Signs

The Contractor shall, at his/her own expense, provide, place, and erect all barricades and warning signs, and furnish and keep lighted all lights that are necessary in the opinion of the Engineer to protect the Work from traffic, pedestrians and animals and to assure public convenience and safety. S/He shall also furnish at his own expense a sufficient number of watchmen at all times to protect the Work.

The Contractor shall also provide adequate lighting, warning signs, and barricades to protect airline operations from any hazards created by the construction during Working and non-Working hours.

Article 53. Traffic Officers, Police Details and Flagmen

When, in the opinion of the Engineer, it is necessary that uniformed police be used to protect and control pedestrian traffic, to direct vehicular traffic during construction and to keep the traffic off any part of the Work, or to protect the public safety, s/he will obtain a police detail for this purpose.

All customary expenses for uniformed police required for the protection and control of pedestrian and vehicular traffic during construction, or to provide protection of the health and safety of persons or property from routine and anticipated construction activities, shall be assumed by the Authority.

All expenses for uniformed police required for the protection of persons and property arising out of activities not ordinarily encountered by the Authority during construction, including, but not limited to, labor difficulties, crowd control, etc., shall be at the sole cost of the Contractor.

For construction Work performed at Boston-Logan International Airport, only Massachusetts State Police shall be used.

In contracts for Work to be performed in locations other than at Boston-Logan International Airport, local police, or police as determined by the Authority, shall be employed.

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When any Work is being done by the Contractor, which may obstruct the tracks of the railroad or in any way endanger the running of trains, a flagman or flagmen, designated by the Chief Engineer of the railroad, shall be on duty for the protection of the property and traffic of the railroad.

The expenses for all flagging service, which is required, shall be assumed by the Contractor and included in the prices bid for the various items for Work to be performed under this Contract.

The Engineer may require flagmen for the protection of aircraft when, in his/her discretion, such are reasonably required. The provisions of this paragraph in no way limits the application of Article 24 or the discretion of the Engineer in accordance with Article 24.

Article 54. Use of Explosives

Use of explosives will NOT be permitted unless expressly specified in the Special Provisions and even then only upon the written authorization of the Authority's Director of Capital Programs and Environmental Affairs. When the use of explosives is permitted for the protection of the Work, the Contractor shall observe the utmost care not to endanger life and property, and whenever directed, the number and size of the charges shall be reduced.

All explosives shall be stored in a secure manner and all such storage places shall be marked clearly "DANGEROUS - EXPLOSIVES", and shall be in the care of competent watchmen at all times. The method of storage and handling explosives and highly inflammable materials shall conform with all the State laws and regulations, as well as any local requirements.

Article 55. Protection and Restoration of Property

The Contractor shall, at his/her own expense, preserve and protect from injury all property, either public or private, along and adjacent to the Work, and s/he shall be responsible for and repair at his/her own expense any and all damage and injury thereto. S/He shall exercise special care during his operations to avoid injury to underground structures such as water or gas mains, pipes, conduits, manholes, catch basins, etc. When necessary, the Contractor shall cooperate with representatives of public service companies in order to avoid damage to their structures by furnishing and/or erecting suitable supports, props, shoring or other means of protection. Fire hydrants adjacent to the Work shall at all times be kept readily accessible to fire apparatus, and no material or other obstructions shall be placed within a radius of ten (10) feet of a fire hydrant. Fire hydrants shall not be used by the Contractor without the written permission of the Authority.

All equipment used by the Contractor which could create potential fire hazard such as steam- generating or steam-operated machinery, heaters, gas generators, and the like shall be equipped with spark arresters and/or other safety devices and utmost precaution will be exercised by the Contractor in the use of such equipment.

The Contractor shall receive no extra compensation for such Work unless said compensation is authorized in writing by the Engineer, as specified under Article 23. Land monuments and property marks shall be carefully protected and if necessary to remove the same, s/he shall do so only at the Engineer's discretion and after an authorized agent has witnessed or otherwise referenced their location. The Contractor shall not injure or remove trees or shrubs without proper authority. Insofar as possible, the Contractor shall confine his/her movements and operations to the area within the limits of the location and the area outside the scope of the Work shall not be disturbed except as directed.

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Article 56. Responsibility for Damage Claims

The Contractor, at its sole cost and expense, shall defend, indemnify and hold harmless the Authority, and its members, officers and employees from and against any and all liabilities, claims, demands, causes of action, suits, losses, damages, actions, including actions for personal injury or wrongful death, actions for property damage, and any other types of claims asserted by third persons alleging a violation of law or for any other cause, costs, fines, fees and expenses of any kind or nature whatsoever, including attorneys' fees and costs of investigation and litigation, based upon, arising out of or related to the Contractor’s performance under this Agreement, including but not limited to Contractor’s maintenance and/or service related responsibilities, or the acts or omissions of the Contractor, its agents, employees, contractors or subcontractors; provided, however, that this obligation to defend, indemnify and hold harmless shall not apply to claims or suits which the Contractor demonstrates were caused solely by the gross negligence or willful misconduct of the Authority. The foregoing express obligation of indemnification shall not be construed to negate or abridge any other obligation of indemnification running to the Authority which would exist at common law, and the extent of this obligation of indemnification shall not be limited by any provision of insurance undertaken by the Contractor. In case any action or proceeding is brought against the Authority by reason of any such claim, the Contractor, upon notice from the Authority, shall resist or defend such action or proceeding with counsel reasonably acceptable to the Authority. The Authority shall give the Contractor reasonable written notice of any claims made or suit instituted against it which could result in a claim of defense and indemnification hereunder. This paragraph shall survive any termination or expiration of this Agreement.

The Contractor shall conduct his/her operations upon the right-of-way of any railroad company fully within the rules, regulations and requirements of the railroad company. The Contractor shall be responsible for acquainting her/himself with such requirements as the railroad company may demand.

The Contractor shall further defend and save harmless the Authority and all of its representatives from all suits, actions, or claims of any character brought on account of any accidents sustained prior to the acceptance of the Work by the Authority, by any political subdivision or agency, railroad corporation, or public utility corporation, due to any Work under the Contract performed within the limits of the right-of-way of such agency or corporation.

Article 57. Security Measures

A. The Contractor shall pay all bills for labor and materials contracted by him/her, and all bills for the rental of appliances and equipment hired by him/her, for or on account of the Work herein contemplated.

At the time the Contractor submits each monthly estimate, s/he shall, if the Engineer so requires, deliver to the Engineer a written certificate, in form satisfactory to the Engineer, showing in detail the following:

(1) the amount of money, which is then due and owing by the Contractor to each Subcontractor with respect to the Work;

(2) the amount of money, which has previously been paid by the Contractor to each

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Subcontractor with respect to the Work;

(3) the amount of money, which is then due and owing by the Contractor to other persons for or on account of materials, equipment or supplies, delivered at the site of the Work;

(4) the amounts of money which are then due and owing by the Contractor or by any Subcontractor to laborers employed under the Contract, as daily or weekly wages, for performance of the Work at the site thereof.

At the same time, as aforesaid, the Contractor shall, if the Engineer so requires, deliver or cause to be delivered to the Engineer a written certificate of each Subcontractor, in form satisfactory to the Engineer, showing in detail the following:

(1) the amount of money, which is then due and owing by such Subcontractor to each of his/her own subcontractors;

(2) the amount of money, which is then due and owing by such Subcontractor to other persons for or on account of materials, equipment or supplies, delivered at the site of the Work.

The term "Laborers" as used herein shall include Workmen and mechanics.

B. The Authority may keep any moneys which would otherwise be payable at any time hereunder, and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages incurred by the Authority and determined as herein provided, and may retain, until all claims are settled, so much as may be necessary therefor, to the payment of any expenses, losses, or damages incurred by the Authority and determined as herein provided, and may retain, until all claims are settled, so much of such moneys as, in the opinion of the Authority, will be required to settle:

(1) all claims against the Authority and its officers and agents as specified in Article 56,

(2) all claims for labor performed or furnished,

(3) all claims for materials used or employed in such construction and repair, including materials so employed but not incorporated in the construction or repair Work and not wholly or necessarily consumed or made so worthless as to lose identity, but only to the extent of its purchase price less fair salvage value, and

(4) all claims for the rental or hire of appliances and equipment employed, said claims having been filed with the Authority in accordance with Section 29, Chapter 149 of the General Laws, and all subsequent amendments thereto, the Authority may make such settlements and apply thereto any moneys retained under the Contract. If the moneys retained under the Contract are insufficient to pay the sums due under the claims for labor, materials, and rental of appliances and equipment filed as aforesaid, the Authority may pay the same, at its discretion, and the Contractor shall repay to the Authority all sums so paid.

The Authority, with the written consent of the Contractor, may also use any moneys retained, due, or to become due under the Contract for the purpose of paying for labor, materials, and rental of appliances and equipment for the Work, for which claims have not

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been filed as specified above.

It is understood that the security required by Section 29, Chapter 149, of the General Laws, as amended is obtained by the Bond accompanying the Contract. No moneys retained under the other provisions of this article shall be held to be statutory security for the payment of claims filed in accordance with the provisions of Chapter 149, Section 29, as amended for which security is provided by bond.

Article 58. Release From Claim and Liability to Contractor

No person or corporation, other than the signer of the Contract as Contractor, now has any interest hereunder, and no claim shall be made or be valid, and neither the Authority nor any member, agent, or employee thereof, shall be liable for, or be held to pay, any money except as provided in Article 22, 23, 65, 76 and 78 of these Specifications and as provided in the Contract.

All claims of the Contractor for damages on account of any act of omission or commission by the Authority or its agents must be submitted in writing to the Engineer within one week (seven calendar days) after the sustaining of any alleged damage by the Contractor on account of such act. The Contractor's written statement of claim shall describe (1) the act of omission or commission by the Authority or its agent that alleged caused damage to the Contractor, and (2) the nature of the claimed damage. On or before the fifteenth (15th) day of the month succeeding that in which such damage was allegedly sustained, the Contractor shall file with the Engineer a detailed written statement or breakdown showing the various items of claimed damage and the amounts thereof. Submission of the above statement of claim and detailed statement or breakdown within the time periods stated above shall be a condition precedent to the allowance of any such claim for damages by the Contractor. The determination of the Engineer shall be final upon all questions as to the fact, cause and extent of such damage.

Since the prospect of a claim for damages might materially alter the plans, scheduling and other actions of the Authority, and since, with sufficient opportunity, the Authority might, if it knew of the Contractor's claim for damages, attempt to mitigate or eliminate the effect of the act objected to by the Contractor, and since merely oral notice might lead to disputes as to the existence or substance thereof and notice long after the event would seriously hinder, if not prevent, the Authority's investigation of the pertinent facts, the Contractor's submission of such statement of claim and detailed statement or breakdown within the time periods stated above shall be of the essence of the Contractor's obligations and failure of the Contractor to comply with these requirements shall be a conclusive waiver of any such claim for damages by the Contractor. The Engineer shall have no authority to modify or waive, expressly or by implication, the above requirements as to submission of such statement of claim and detailed statement or breakdown within the time period stated, and any action or statements by the Engineer to such effect shall not be binding upon the Authority.

The acceptance by the Contractor of the last payment made under the provision of Article 83 shall operate as and shall be a release to the Authority and every member, agent, and employee thereof, from all claim and liability to the Contractor for anything done or furnished for, or relating to, the Work, or for any act or neglect of the Authority or of any person relating to or affecting the Work, except the claim against the Authority for the remainder, if any there be, of the amounts kept or retained as provided in Article 57. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond.

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Authority and Contractor, by execution of this Contract, voluntarily and intentionally waive all rights to trial by jury as to all claims, disputes or controversies arising out of, or relating to, this Contract or the performance or breach thereof.

Article 59. Opening Portions of the Work

At the option of the Authority, certain portions of the Work may be opened for such use as the Authority may desire. In such cases, the completed portion will be inspected, tentatively accepted in writing and turned over to the Authority for maintenance. Such action shall not in any way be construed as final acceptance of the Work or any part of it, or as a waiver of any of the provisions of these Specifications or the Contract. Upon written authorization by the Engineer, the Contractor may open the Work and cease to maintain barricades and red lights, and the Contractor may be relieved from further maintenance of barriers and lights on that portion of the Work.

In the event the Contractor, upon written authorization from the Engineer, opens up a portion of the Work in advance of completion or in advance of turning the portion over to the Authority for maintenance, either for the convenience of the public, or during suspension of the Work, the Contractor shall restore any part of the Work which might be disturbed or damaged because of such opening and use, and the restoration will be done at the respective Contract unit prices for the items involved or on the basis of a predetermined arrangement entered into by the Contractor and the Authority.

Completed portions of the Work shall be maintained by the Contractor in an acceptable manner until final acceptance of the Contract. S/He shall not permit hauling or other traffic over or use of any portion of the Work unless so authorized in writing by the Engineer.

Article 60. Contractor's Responsibility for the Work

Until its final approval and acceptance by the Authority, the Contractor shall assume full charge and care of and responsibility for the Work and he shall take every necessary precaution against injury or damage to the Work by action of the elements, or from any cause whatsoever, whether arising from the execution or the non-execution of the Contract.

Prior to blasting, the Contractor shall serve reasonable notice thereof to the operating official or company, or companies, leasing or owning pipes, conduits, poles, wires, etc., in danger of being injured by the blasting in order that a representative of said owner or lessee may be present at the site, and s/he shall take proper precaution to prevent such injury by the use of sufficient dunnage.

The Contractor shall bear all losses resulting to him/her on account of the amount or the character of the Work or because the nature of the land in or on which the Work is done is different from what was estimated or expected, or on account of the weather elements, or other causes.

The Contractor shall rebuild, repair, restore and make good at his/her own expense, all injuries or damages to any portion of the Work before the completion and acceptance of the Work.

Issuance of an estimate on any part of the Work done shall not be construed as final acceptance of any Work completed up to that time.

The Contractor shall reimburse the Authority for all expenses, losses or damages, as determined by the Engineer, incurred by or in consequence of any defect, act, omission or mistake of the Contractor or any Subcontractor.

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The Contractor will be held responsible for any and all claims for damage to underground structures such as water or gas mains, pipes, conduits, manholes, or catch basins, due to his/her operation or to the operations of any of his Subcontractors.

The Contractor shall not discontinue the service of water, electricity, steam, gas or any other utility, without first obtaining the approval in writing of the Engineer and the or manager of the facility where the Work is being performed, and the Contractor shall cause the resumption of said service immediately when service has been resumed. Approval of the Engineer and director or manager shall not be necessary in case of an emergency, but the Contractor shall notify them of any discontinuance and resumption of service.

Article 61. Personal Liability of Public Officials

No member of the Authority or its agents or employees shall be held personally responsible for any liability arising under the Contract.

Article 62. No Waiver of Legal Rights

Neither the inspection by the Authority, the Engineer, nor any of their employees or agents, nor any order, measurement, or certificate by the Engineer, nor any order by the Authority for the payment of money, nor any payment for or acceptance of the whole or any part of the Work by the Engineer or Authority, nor any extension of time, nor any possession taken by the Authority or its employees, shall operate as a waiver of any provision of the Contract, or of any power herein reserved to the Authority or any right to damages herein provided; nor shall any waiver of any breach of the Contract be held to be a waiver of any other of subsequent breach. Any remedy provided in the Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided, and the Authority shall also be entitled as of right to a writ of injunction against any breach of any of the provisions of the Contract.

Article 63. Labor Records

The Contractor and all his/her Subcontractors shall keep true and accurate registers of all mechanics, teamsters, chauffeurs, and laborers employed thereon, showing the name, address, and occupational classification of each employee on the Work, the hours Worked by, and the wages paid to each such employee, and shall furnish each week to the Engineer a true statement of the same covering the previous week.

The Contractor and all of his/her Subcontractors shall comply with Federal Department of Homeland Security Requirements in hiring any and all “Employees” to be employed on the Work who are required to be listed in the certified payroll reports required to be submitted under this Contract. Such compliance shall include, but not be limited to, the faithful completion of the Federal Department of Homeland Security Form I-9 process by the Contractor and all of his/her Subcontractors for each of its/their Employees. Article 64. Labor, Lodging, Board, Maximum Hours of Employment, Weekly Payment

Every employee on the Work covered by the Contract shall lodge, board, and trade where and with whom he elects, and neither the Contractor nor his/her agents or employees shall directly or indirectly require as a condition of employment therein that an employee shall lodge, board, or trade at a particular place or with a particular person. (Section 25 of Chapter 149 of the General Laws.)

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Attention of Bidders is called to Section 148 of Chapter 149 of the General Laws, and amendments thereof requiring the weekly payment of employees and to Sections 26 and 27 thereof which require payment to health and welfare plans.

In case the Work covered by this Contract is financed from federal funds, the above provisions relative to the hours of employment shall be subject to such revision and amendments as are required by the Rules and Regulations controlling the expenditures of such federal funds.

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CHAPTER VIII

PROSECUTION AND PROGRESS

Article 65. Subletting or Assignment of Contract

The Contractor shall give his/her personal attention constantly to the faithful prosecution of the Work, shall keep the same under his personal control, and shall not assign by power of attorney or otherwise, or sublet, the Work or any part thereof without the previous written consent of the Authority and shall not, either legally or equitably, assign any of the moneys payable under this Agreement, or his/her claim thereto, unless by and with the like consent of the Authority. The Contractor's failure to obtain the previous written consent of the Authority shall constitute a waiver of payment for the Work or any part thereof that may be furnished without such previous written consent. The Contractor shall be responsible for the acts and omissions of his/her sub-contractors, if any, and of all persons directly or indirectly employed by him/her or them in connection with the Work. The provisions of Sections 44-A to 44-I inclusive, Chapter 149 of the General Laws, with respect to sub-bidders on buildings will apply when so indicated in the Notice to Contractors.

Article 66. Schedule of Value and Operations

The Contractor shall, within fifteen (15) days after the date of execution of the Contract, prepare and submit to the Engineer for approval the following:

(1) A practicable and feasible CPM schedule, on a bar-chart form to be furnished by the Authority, showing the order in which the Contractor proposes to carry on the salient components of the Work, the dollar value of each respective component of Work, the dates on which s/he will start each, and the contemplated dates for completing the same, and a projection of each month's pay requisition, such schedule to be prepared in a manner prescribed by the Engineer based on money values of the various items of Work; and

(2) A written chronological statement of the order in which the Contractor proposes to perform the salient components of the Work, indicating in detail the date of starting Work on each such component and the contemplated completion date for each.

The above bar-chart schedule statement shall be compatible in all respects, and shall be consistent with all Contract requirements. They will be reviewed for reasonableness and conformity with the Contract and upon approval by the Engineer will be used to evaluate general job progress and to forecast periodic pay estimate requirements. The Engineer shall designate the salient components of the Work to appear on such schedule and statement.

No physical construction Work shall be performed on the Work site until the above schedule and statement have been submitted in proper form and have been approved by the Engineer, and the Authority shall not be liable for any delays or increased costs to the Contractor resulting from the Contractor's failure to meet this requirement. Prompt review will be made of any proposed schedule and chronological statement submitted by the Contractor. Prior to the Engineer's approval thereof, the Contractor may commence all aspects of the Work other than physical construction Work at the site, including but not limited to the placing of material orders, preparation of shop drawings, making of field survey layouts, assembly of equipment, and other

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Work in preparation for the commencement of physical construction at the site.

If in the opinion of the Engineer the Contractor's operations have been or will be materially affected by changes in the Plans or in the amount of Work, or if the Contractor's performance has materially failed to conform to the approved schedule and chronological statement, the Contractor shall, upon request by the Engineer, submit to the Engineer within ten (10) days after such request, for his/her approval, a revised schedule and chronological statement of the types specified above, which shall indicate how the Contractor proposes to prosecute the balance of the Work.

Approval of any such schedule or chronological statement by the Engineer shall not be construed as releasing the Contractor from any of its responsibilities or obligations under the Contract. Such approval shall be a condition precedent to the processing and payment of any monthly pay estimate. When required by the Special Provisions, the scheduling of the Work shall be by the Critical Path Method at the expense of the Contractor.

Article 67. Prosecution of the Work

The Contractor shall commence Work within fifteen (15) days after the date of the Notice to Proceed and shall use every practicable means to make the progress of the Work conform to the approved schedule of operations.

Should the prosecution of the Work for any reason be discontinued, the Contractor shall notify the Engineer at least twenty-four (24) hours in advance of resuming operations.

It is the purpose of the Authority to complete the Work in the shortest time possible and consistent with approved construction. To this end, Contractors will be required to use improved methods and equipment for doing the Work and various parts thereof. All equipment shall be complete and well designed, and the organization shall be efficient and effective.

If, in the opinion of the Engineer, it is necessary at any time, the Contractor shall when directed, employ such forces and equipment for one or more additional shifts as will be required to insure the proper completion of the Work. The Contractor shall provide and maintain, including power and fuel, sufficient lights for the safety of his/her construction forces and to ensure the proper construction, inspection, and prosecution of the Work, in addition to any lights necessary to protect the Work or the traveling public. (See Articles 51 and 52.) The Contractor shall not receive any compensation therefor in addition to the Contract prices.

Article 68. Delay in Commencing Work

The Authority may delay the commencement of the Work, or any part thereof, if the Authority shall deem it best for its interests to do so. The Contractor shall have no claim for damages on account of such delay, but shall be entitled to an equivalent extension of time in calendar days in which to complete the whole or any portion of the Work required under the Contract.

Article 69. Moving Buildings

Removal of buildings, when included in the scope of the Work, will be covered in the Special Provisions.

Article 70. Limitations of Operations

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The Contractor shall so limit his/her operations and carry on his/her Work in such manner and sequence as to insure the least possible interference with traffic and abutters.

The Authority reserves the right to limit the prosecution of the Work to such points and in such order as the Engineer may direct.

Article 71. Character of Workmen and Equipment

In the employment of labor, the Contractor and his/her Subcontractors shall give preference to qualified individuals who are citizens of the United States.

The Contractor shall employ only competent persons to do the Work, and whenever the Engineer shall notify the Contractor in writing that any person on the Work is, in his/her opinion, incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such person shall be discharged from the Work, and shall not again be employed on it except with the consent of the Engineer.

The character, condition and quantity of equipment furnished by the Contractor shall be such as may be necessary for the proper execution of the Work within the specified Working time. All equipment so furnished shall be maintained in good condition and shall be subject to the approval of the Engineer prior to and during its use in connection with the Work.

The Contractor shall submit each week to the Engineer, on a form approved by the Engineer, a listing of all equipment (other than small tools) used in or charged to the Work during the previous week, including equipment rented by the Contractor from others, which listing shall include the following information as to each piece of equipment:

(1) Identification thereof by the number assigned and by the firm name appearing on the equipment;

(2) Designation of the equipment's capacity and weight (and, when deemed applicable by the Engineer, such other information, e.g. size, number of wheels, etc., as may be helpful in defining the equipment's reasonable rental rate);

(3) Hours used on the Contract, and hours idle;

(4) Hours down for repairs or for maintenance;

(5) Whether it was rented from others or is owned by the Contractor or a Subcontractor, and, if rented, from whom.

Article 72. Preservation of Natural Surroundings

The Contractor shall take special precautions at all times to preserve natural surroundings either within or adjacent to the location from damage or injury due to his operations. If the Contractor causes any damage, he/she shall take immediate and appropriate remedial action at his/her own expense and as agreed to by the Engineer and Chief of Environmental Management.

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Article 73. Temporary Suspension of Work

The Engineer shall have the authority to suspend the Work wholly, or any part thereof, for such period as he shall deem necessary, because of unsuitable weather conditions, or for such other causes as are considered unfavorable for the satisfactory prosecution of the Work, or for such time as s/he may deem necessary due to the failure of the Contractor to carry out orders given or to perform any provisions of the Contract. Upon receipt of written order from the Engineer, the Contractor shall immediately suspend the Work or such part thereof in accordance with the order. No Work shall be suspended without the written permission of the Engineer. The Work shall be resumed when conditions so warrant or deficiencies have been corrected and the conditions of the Contract satisfied as ordered or approved in writing by the Engineer. No allowance of any kind will be made for suspension of Work by order of the Engineer except as provided in Article 74.

Article 74. Extensions of Time

It is an essential part of this Contract that the Contractor shall perform fully, entirely and in an acceptable manner the Work required within the time stated in this Contract. The maximum time limit for the satisfactory completion of the Work set forth in the Special Provisions, Division II of the Contract is based upon the requirements of public convenience and upon the assumption that the Contractor will prosecute the Work efficiently and with the least possible delay in accordance with the maximum Working time per week.

The Contract period has been carefully considered and has been established for reasons of importance to the Authority. This time limit will be enforced and any prospective Bidder who is not willing to accept this Contract with the intention of complying with the time limit is cautioned not to submit a bid. No request for an extension of time that is based on any claim that the Contract period as originally established was inadequate will be considered.

A. Grounds for Extensions of Time

The time provided in the Special Provisions, Division II of this Contract for completion of the Work (or for completion of a designated part of the Work) shall be extended (subject to the provisions of this Article) only if in the opinion of the Director of Capital Programs and Environmental Affairs of the Authority, the Contractor is necessarily delayed in completing the Work (or such designated part thereof) by such time solely and directly by a cause that meets the following conditions:

(1) Such cause is beyond the Contractor's control and arises without his/her fault; and

(2) Such cause comes into existence after the opening of proposals on the Contract and neither was nor could have been anticipated by investigation before such opening.

Variations in temperature and precipitation, which are within normal limits for the particular month in question, shall be conclusively deemed to have been anticipated before the opening of proposals on this contract. Such normal limits shall be ascertained by reference to the official records of the United States Weather Bureau applicable to the particular locality for the previous three years.

Whenever the Contractor claims an extension of the time stated in this Contract for

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completion of the Work, only the necessary delay caused to completion of the Work as a whole shall be considered in measuring or evaluating the extent of the delay. If, for example, extra Work can be (or could have been) performed along with the regular Work called for by the original specifications without causing necessary delay to such regular Work, no claim for extension of the Contract completion time for the Work shall be granted. In any event, even though a cause of delay meets all of the above conditions, any extension shall be granted only to the extent that the effect of such cause cannot be (or could not have been) avoided or mitigated by the exercise of all reasonable precautions, efforts and measures (including planning, scheduling and rescheduling), whether before or after the occurrence of the cause of delay. No extension shall be granted for a cause of delay which would not have affected the performance of the Contract were it not for the fault of the Contractor or for other delay for which the Contractor is not entitled to an extension of time.

The Contractor shall have no claim for damages on account of any delay on the part of the Authority in performing or furnishing any Work and/or materials in connection with the execution of the Work covered by the Contract.

Any reference in this Article to the Contractor shall be deemed to include subcontractors and materialmen, whether or not in privity of the Contract with the Contractor, and employees and others performing any part of the Contract, and all the foregoing shall be considered agents of the Contractor.

B. Procedure for Determining Extensions of Time

The Contractor shall give written notice to the Engineer within forty-eight hours after the time that s/he knows or should know of any cause which will result (or has resulted) in delay for which s/he claims an extension of time (including those causes which the Authority is responsible for or has knowledge of). Any such written notice shall (l) state that an extension is claimed; (2) identify the cause of delay, and (3) describe as fully as practicable at the time, the nature and expected duration of the delay and its effect on the various portions of the Work.

The submission of such written notice within the time period provided above shall be a condition precedent to any extension of time. The Engineer shall have no authority to modify or waive, expressly or by implication, such condition precedent, and any action or statements by the Engineer to such effect shall not be binding upon the Authority. Since the possible necessity for an extension of time might materially alter the scheduling, plans and other actions of the Authority, and since, with sufficient opportunity, the Authority might (if it knew of the Contractor's claim) attempt to mitigate the effect of a delay for which an extension of time was to be claimed, and since merely oral notice might cause disputes as to the existence or substance thereof and notice long after the event would seriously hinder, if not prevent, the Authority's investigation of the pertinent facts, the giving of written notice within the time period stated above shall be of the essence of the Contractor's obligations and failure of the Contractor to comply with these requirements shall be a conclusive waiver of a claim for extension of time.

It shall in all cases be presumed that no extension or further extension of time is due unless the Contractor shall affirmatively demonstrate to the satisfaction of the Director of Capital Programs and Environmental Affairs of the Authority that it is. To this end the Contractor

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shall maintain adequate records supporting any claim for an extension of time, and in the absence of such records the foregoing presumption shall be deemed conclusive.

After written notice has been given by the Contractor as provided above, the Engineer may, at such time as s/he deems appropriate, require the Contractor to submit to the Engineer and to the Director of Capital Programs and Environmental Affairs of the Authority, on or before a date specified in writing whatever records, data and explanation support, in the Contractor's view, his claim for extension of time. Within a reasonable time (to be determined by the Director of Capital Programs and Environmental Affairs of the Authority) after the date on which the Contractor submitted or should have submitted such records, data and explanation, the Director of Capital Programs and Environmental Affairs of the Authority shall in the exercise of his/her independent judgment render a decision in writing with respect to the Contractor's claim for extension of time. The decision shall include a statement as to the number of days, if any, by which the time stated in the Contract for completion of the Work (or for completion of a designated portion of the Work) is extended.

The decision of the Director of Capital Programs and Environmental Affairs of the Authority shall be final and conclusive with respect to all questions relating to an extension of the time stated in the Contract for completion of the Work (or a designated portion thereof), including, in particular, (1) whether a claim by the Contractor for an extension of time should be granted, and (2) if so, the appropriate size of any such extension. The Director of Capital Programs and Environmental Affairs of the Authority may in his/her discretion, but need not, defer any such decision until after completion of the Work, but any such decision shall be made before payment of the final estimate by the Authority.

Article 75. Failure to Complete Work on Time

The Contractor shall complete the performance of the Work in accordance with the terms of the Contract on or before the time stated for completion of the Work in the Special Provisions, Division II, of this Contract. In the event the Contract contains a provision stating a time by which any designated portion of the Work is to be completed, the Contractor shall complete the performance of such portion of the Work in accordance with the terms of the Contract on or before such time.

The Contractor's above obligation to complete the Work (and any such portion thereof) within the applicable time periods is of the essence of this Contract. The Contractor guarantees that s/he can and will complete such performance (including extra Work and Alterations in the Work) within the time so provided, subject, however, but only subject to the provisions of Article 74 hereof, entitled "Extensions Of Time." Delays in completion of the Work will cause delay in use by the Authority of the project being constructed and will cause various losses to the Authority including lost earnings and increased administrative and engineering costs.

Therefore, since time is of the essence and since, moreover, the amount of damage and loss to the Authority which will result from the Contractor's failure to complete performance within the time specified in the Special Provisions hereof (as extended by any authorized extension of time granted in accordance with the provisions of Article 74), the Contractor shall pay to the Authority the sum specified in the Special Provisions for each and every calendar day that s/he is in default in completing the Work. Such moneys shall be paid as liquidated damages, not as a penalty, to partially cover losses and expenses to the Authority.

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Similarly, if the Special Provisions or Specifications of the Contract state that a designated portion of the Work shall be completed by a specified date, and if such portion has not been completed by such date (as extended by any authorized extension of time granted in accordance with the provisions of Article 74), the Contractor shall pay to the Authority the sum specified in the Special Provisions for each and every calendar day that s/he is in default in completing such portion of the Work. Such moneys shall also be paid as liquidated damages, not as a penalty, to partially cover losses and expenses to the Authority.

The Authority shall recover such liquidated damages by deducting the amounts thereof out of any moneys due or that might become due the Contractor, and if such moneys be insufficient to cover the liquidated damages, then the Contractor or the Surety shall pay the amount due.

Permitting the Contractor to continue and finish the Work or any portion of it after the time fixed in the Special Provisions for its completion (as extended by any authorized extension of time granted in accordance with the provisions of Article 74) shall in nowise operate as a waiver on the part of the Authority of any of its rights under the Contract.

Article 76. Termination or Cancellation of Contract

If the Contractor shall be adjudged a bankrupt, or if s/he shall make a general assignment for the benefit of his creditors, or if a receiver of his property shall be appointed, or if the Work to be done under the Contract shall be abandoned, or if the Contract or any part thereof shall be sublet without the previous written consent of the Authority, or if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or if at any time the Engineer shall be of the opinion, and shall so certify in writing to the Authority, that the Work, or any part thereof, is unnecessarily or unreasonably delayed, or that the Contractor has violated any of the provisions of the Contract, the Authority may terminate the Contract and hold the Contractor and his sureties liable in damages as for breach of Contract by an abandonment thereof by him or the Authority may notify the Contractor to discontinue all Work, or any part thereof; and thereupon the Contractor shall discontinue such Work or such part thereof as the Authority may designate, and the Authority may thereupon, by contract or otherwise, as it may determine, complete the Work, or such part thereof, and charge the entire expense of so completing the Work or part thereof to the Contractor; and for such completion the Authority for itself or its agents may take possession of and use or cause to be used in the completion of the Work or part thereof any of such materials, machinery, implements and tools of every description as may be found upon the said Work. The Authority may, as its option, require the surety or sureties to complete the Contract. The Authority shall not be liable for any depreciation, loss or damage to said materials, machinery, implements or tools during said use, nor until removed by the Contractor after completion of the Work. Unless so removed within fifteen (15) days after mailing of notice so to do, they may be sold at public auction, after publication of notice thereof at least twice in any newspaper published in the county where the Work is being performed, and the proceeds credited to the Contractor's account; or they may, at the option of the Authority, be stored at the Contractor's expense subject to a lien for the storage charges.

If at any time the Engineer shall certify that the rate of progress of the Work (or any designated part thereof) is not satisfactory, s/he may, upon the written request of the Authority, notify the Contractor in writing to increase the labor, equipment and materials, or any of them, employed on the Work (or such designated part), stating the minimum amount of increase required. Within five (5) calendar days after the date of such notice, the Contractor shall comply with the directions in such notice, and shall continue to comply therewith, making such arrangements as will result in

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full and efficient use of the labor, equipment and materials, as increased, until the completion of the Work (or such designated part thereof) or until the Engineer, upon the Contractor's request in writing, certifies that the condition is as to rate of progress no longer require such increase. The Contractor shall not be entitled to additional compensation by reason of compliance with any such notice to increase given by the Engineer.

If (as determined by the Engineer) the Contractor fails to comply with the Engineer's above notice to increase labor, equipment and materials, or fails to continue to comply therewith,

(a) The Authority may so change the next and succeeding monthly pay estimates submitted by the Contractor as to eliminate payment for those items of Work as to which the Contractor has failed to comply with the Engineer's notice to increase, so that payment for such items will be deferred until payment of that monthly estimate occurring next after the time that the Contractor has, in the opinion of the Engineer, complied with such notice to increase, or, in the alternative,

(b) The Authority may employ and direct such additional laborers and equipment, and furnish and use such additional materials, as may in the opinion of the Engineer be necessary to achieve a satisfactory rate of progress or to insure completion of the Work (or such designated part thereof) within the time specified in the Contract, or at the earliest possible date thereafter. The expense of the foregoing may be charged to the Contractor by the Authority.

All expenses charged under this Article shall be deducted and paid by the Authority out of any moneys then due or to become due the Contractor, under the Contract, or any part thereof; and in such accounting the Authority shall not be held to obtain the lowest figures for the Work of completing the Contract or any part thereof, or for insuring its proper completion, but all sums actually paid therefor shall be charged to the Contractor. In case the expenses so charged are less than the sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference; and in case such expenses shall exceed the said sum, the Contractor shall pay the amount of the excess to the Authority upon completion of the Work, without further demand being made therefor.

The giving of any such notice to increase shall not prevent the Authority from giving the Contractor a subsequent notice to discontinue Work under the provisions of the preceding portion of this Article.

Notwithstanding the foregoing, upon seven (7) days’ written notice to the Contractor and the surety, the Authority may, without cause and without prejudice to any other right or remedy, elect to terminate this Contract in whole or in part. Upon receipt of such notice, the Contractor shall immediately proceed in accordance with any specific provisions or instructions, protect and maintain the Work, and make reasonable and diligent efforts to mitigate costs associated with the termination.

In any such termination for the convenience of the Authority, the Contractor shall be paid for Work completed in accordance with the Contract Documents prior to receipt of the notice of termination, and for reasonable termination settlement costs related to commitments which had become firm prior to the termination; provided, however, that the payment to the Contractor will exclude any and all anticipated profit on uncompleted Work.

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CHAPTER IX

MEASUREMENT AND PAYMENT

Article 77. Measurement of Quantities

The quantities of the various items of Work performed shall be determined by the Engineer.

Upon the completion of the Work and before final payment is made the Engineer will make final measurement to determine the quantities of the Work performed, as the basis for final settlement. All measurements shall be made according to the United States standard units of measurement.

Where Work done under modification to the Contractor is to be paid for by units of length, area, or volume, only the net amount of Work actually done, as it shall appear in the finished Work, and measured as hereinafter specified, shall be paid for, local customs to the contrary notwithstanding. For the estimating of quantities in which the computation of area by geometric methods would be comparatively laborious, it is stipulated and agreed that the planimeter shall be considered an instrument of precision adapted to the measurement of such areas.

All materials, which are specified for measurement by weight, shall be weighed on standard scales furnished by and at the expense of the Contractor. Such scales shall be sealed at the expense of the Contractor as often as is necessary to insure their accuracy. A sworn weigher as provided under Section 85, Chapter 41 of the General Laws of the Commonwealth of Massachusetts shall weigh all materials required to be weighed as above provided. If materials are shipped by rail or truck, the car weights or quarry weights may be accepted, but scales shall be used as above, if so directed.

Article 78. Scope of Payments

The Authority will pay and the Contractor shall receive and accept the compensation as herein provided in full payment for furnishing all materials, labor, tools, and equipment and for performing all Work contemplated and embraced under the Contract, also for all loss or damage arising out of the nature of the Work, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered during the prosecution of the Work until its final approval by the Authority, and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of the said prosecution of the Work as herein specified, and for any infringement of patent, trade-mark or copyright, and for completing the Work in an acceptable manner according to the Plans and Specifications.

The payment of any current estimate, or of any retained percentage, shall in no way constitute an acknowledgment of the acceptance of the Work or in no way or degree prejudice or affect the obligation of the Contractor, at his own cost and expense, to repair, correct, renew, or replace any defects and imperfections in the construction of, or in the strength of, or quality of materials used in or about the construction of the Work under Contract and its appurtenances, as well as all damages due or attributable to such defects, which defects, imperfections or damages shall have been discovered on or before the final inspection and acceptance of the Work. The Engineer shall be the sole judge of such defects, imperfections, or damages and the Contractor shall be liable to the Authority for failure to correct the same as provided herein.

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Article 79. Payment for Increased or Decreased Quantities

An increase or decrease in quantities of Work to be performed (as set forth in Articles 3 and 22) will be paid for or credited at the Contract unit prices for the actual Work done, in the same manner as if such Work had been included or not included in the original estimated quantities. No allowance will be made for anticipated profits or underruns in quantities.

A. The following paragraph shall apply if this contract is subject to section 44A of Chapter 149, G.L., and the Authority may adopt reasonable rules or regulations in conformity with that paragraph concerning the filing, investigation and settlement of such claims:

If, during the progress of the Work, the contractor or the awarding authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the contract documents either the contractor or the contracting authority may request an equitable adjustment in the contract price of the contract applying to Work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a contractor, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in Work or a change in the construction methods required for the performance of the Work which results in an increase or a decrease in the cost of the Work, the contracting authority shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly. (Ch. 774, Acts of 1972).

B. If it is mutually agreed that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the Plans or indicated on the Contract Documents, an adjustment shall be made in accordance with Article 79 at the Contract unit prices.

In the absence of unit prices, the Authority and the Contractor may agree upon an amount of payment to the Contractor or a credit to the Authority, whichever the case may be.

In the absence of unit prices and an agreed sum, the Contractor shall be paid on a cost-plus basis or force account basis as outlined in Article 80 of Division I.

C. In the absence of unit prices and an agreed sum, the Contractor shall credit the Authority an amount equal to the following:

(1) The actual cost of all materials that would have been entered permanently into the Work with an additional allowance equal to the actual paid by him/her for Bond.

(2) For such foremen and laborers as are necessary in the performance thereof s/he shall accept the prices which shall have been previously agreed to in writing by the Contractor and the Authority (or in the absence of any such agreement, the prices determined to be equitable by the Engineer, having in mind the wages actually paid to and received by such foremen and laborers), plus fifteen (15) percent of such cost of foremen and laborers, with an additional allowance for the certified labor burden equal to the actual amount, subject to Authority’s Internal Auditor review, paid by him/her for

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Bond, Public Liability Insurance as specified in Article 46, Workmen's Compensation Insurance, Federal Social Security, and Massachusetts Unemployment Compensation (all together, “labor burden”). The allowance for the labor burden shall not exceed forty (40) percent, unless the Authority’s Internal Auditor determines that a higher percentage is applicable based upon receipt and review of certified audits provided by Contractor.

(3) A rental allowance for such machinery, trucks and equipment as would have been necessary in the performance of the Work affected, including their operators and attendant personnel, the amount of such allowance to be determined by the Engineer in the absence of a previous agreement in writing as to the rental cost. There should be added to this credit, the actual amount paid by the Contractor for Bond, Public Liability Insurance as specified in Article 46, Workmen's Compensation Insurance, Federal Social Security and Massachusetts Unemployment Compensation.

Credits to the Authority with respect to any portion of the subcontractor's Work or sub- subcontractors' Work which is no longer to be performed or the cost of which is diminished as a result of an Alteration in the Work, shall be determined in the same manner as described above, and shall include the seven and one-half (7½%) percent additional allowance to the subcontractor and/or sub-subcontractor provided for under Article 80C, subparagraphs (5) and (6).

Credits to the Authority under Articles 3, 22, 79 and 81 of the specifications shall be determined in the manner stated in C(1), (2) and (3) of this paragraph.

Article 80. Payment for Extra Work

A. If the Contractor and the Authority agree in writing as to the price to be paid the Contractor for certain extra Work, payment shall be made by the Authority in accordance with the provisions of said agreement. However, in the absence of any such agreement, the Contractor shall perform the extra Work and shall be paid as outlined in paragraph B or paragraph C below, as determined by the Authority. The Authority may arrange to have said extra Work performed by other contractors.

B Work performed will be paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit, neither of which are to exceed the amounts specified in paragraph C below.

C. Work performed will be paid for in an amount equal to the following:

(1) The actual cost of all materials furnished by him/her as determined by the Engineer, plus twelve-and-one-half (12½%) percent of that cost with an additional allowance equal to the actual amount paid by him/her for Bond, where such material is not covered by a unit price in the Contract.

(2) For such foremen and laborers as are necessary in the performance thereof s/he shall accept the prices which shall have been previously agreed to in writing by the Contractor and the Authority (or in the absence of any such agreement, the prices determined to be equitable by the Engineer, having in mind the wages actually paid to and received by such foremen and laborers), plus fifteen (15) percent of such cost of foremen and laborers, with an additional allowance for the certified labor burden equal

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to the actual amount, subject to Authority’s Internal Auditor review, paid by him/her for Bond, Public Liability Insurance as specified in Article 46, Workmen's Compensation Insurance, Federal Social Security, and Massachusetts Unemployment Compensation (all together, “labor burden”). The allowance for the labor burden shall not exceed forty (40) percent, unless the Authority’s Internal Auditor determines that a higher percentage is applicable based upon receipt and review of certified audits provided by Contractor.

(3) For such machinery, trucks and equipment as are necessary in the performance thereof, including their operators and attendant personnel, a rental allowance with no added percentages which the Engineer shall determine, in writing, to be reasonable, provided, however, that if the Construction Manager and the Authority shall have previously agreed in writing upon a rental allowance prior to the time any such work is performed, such agreed rental allowance shall be used. No additional allowance shall be made for so-called accessories, including but not limited to buckets, blades, power units and the like, or for fuel and maintenance costs. Daily rates will be used on a broken-time basis for the actual hours worked (with no down-time paid for), unless in the opinion of the Engineer such work is of such length as to require use of the machinery, trucks or equipment on a weekly or monthly basis, in which case weekly or monthly rates shall be used. The Authority shall not, in any event, pay more than the current rates listed in the Rental Blue Book for Construction Equipment, published by Primedia Business Directories and Books Group. An additional allowance shall be paid equal to the actual amount paid by the Contractor for Bond.

(4) No allowance shall be made for general superintendence and the use of small tools, incidental items, consumables and manual equipment.

(5) On all extra Work performed by a Subcontractor, the General Contractor shall receive an additional allowance of seven and one-half (7½%) percent on only items (1) and (2) above. On such Work, the percentages on material costs and labor costs and the allowances for each (all as stated in (1) and (2) above) will be allowed only to the Subcontractor.

In addition to the daily summaries and memoranda required by Articles 22 and 23, the Contractor shall furnish such additional information as to the cost of such Work as the Engineer may request. The Contractor shall also, upon request by the Engineer, give the Engineer access to and copies of accounts, bills and vouchers relating to such Work (all of which shall be kept in a manner satisfactory to the Engineer), and if the Contractor shall not do so, s/he shall not be entitled to payment for any items of such Work concerning which the Engineer's request has not been granted.

Prior to the commencement of such Work, the Contractor shall submit to the Engineer a written certificate showing the rates or percentages of all assessments against wages paid by the Contractor, including Federal Social Security and state unemployment compensation assessments, insurance, health and welfare payments and other assessments which the Contractor actually pays as an employer pursuant to contractual obligation upon the basis of such wages. The determination of the Engineer shall be final upon all questions as to the amount or value of extra Work.

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Article 81. Omitted Items

The Engineer may order omitted from the Work any items or portions of the Work found unnecessary to the improvement and such omission shall not operate as a waiver of any condition of the Contract nor invalidate any of the provisions thereof, nor shall the Contractor have any claim for anticipated profit.

An item or portion of the Work, which is no longer required as a result of an Alteration in the Work pursuant to Article 22, shall be considered one type of item or portion of the Work that is "unnecessary to the improvement."

Article 82. Partial Payment

The Contractor shall, once in each month, prepare and submit to the Engineer an estimate in writing of the total amount of the Work done to the time of such estimate, and the value thereof. The Authority shall not retain any value on work performed, unless specifically identified in a work order.

Within fifteen (15) days after receipt from the Contractor, at the place designated by the awarding Authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the awarding Authority will make a periodic payment to the Contractor for the Work performed during the preceding month and for the materials not incorporated in the Work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the Contractor has title or to which a Subcontractor has title and has authorized the Contractor to transfer title to the awarding Authority. After the receipt of a periodic estimate requesting final payment and within sixty-five days after (a) the Contractor fully completes the Work or substantially completes the Work so that the value of the Work remaining to be done is, in the estimate of the awarding Authority, less than one percent of the original contract price, or (b) the Contractor substantially completes the Work and the awarding Authority takes possession for occupancy, whichever occurs first, the awarding Authority shall pay the Contractor the entire balance due on the contract less (1) a retention based on its estimate of the fair value of its claims against the Contractor and of the cost of completing the incomplete and unsatisfactory items of Work and less (2) a retention for direct payments to Subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, or based on the record of payments by the Contractor to the Subcontractors under this contract if such record of payment indicates that the Contractor has not paid subcontractors as provided in section thirty-nine F. If the awarding Authority fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of five percent per annum commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the Contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days after receipt of such a periodic estimate from the Contractor, at the place designated by the awarding Authority if such a place is so designated. The Contractor agrees to pay to each Subcontractor a portion of any such interest paid in accordance with the amount due each Subcontractor.

The Authority may make changes in any periodic estimate submitted by the Contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made, but such changes or any requirement for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the changes made, as provided herein;

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provided, that the Authority may, within seven days after receipt, return to the Contractor for correction any periodic estimate which is not in the required form or which contains computations not arithmetically correct and, in that event, the date of receipt of such periodic estimate shall be the date of receipt of the corrected periodic estimate in proper form and with arithmetically correct computation. The date of receipt of a periodic estimate received on a Saturday shall be the first Working day thereafter.

A periodic estimate submitted by the Contractor shall be in the required form, if:

(l) It contains a summary or face sheet, of a type approved by the Engineer, showing as to each item of Work, the item number, the name of the item, the unit used for pay purposes (e.g., linear foot, lump sum, cubic yard, etc.), the unit price, the original proposal quantity, the quantity by which the original proposal quantity has been increased or decreased, the percentage of such increase or decrease, the adjusted proposal quantity, the percentage of completion at the time of the estimate, the total quantity at such time, and the amount earned to date, plus the total of all such amounts earned to date, the amount retained, the total amount due, the total of previous payments, and the amount due on such estimate; such summary or face sheet shall also contain the Contractor's signed certificate under the penalties of perjury that payments have been made by him/her to all Subcontractors in compliance with the provisions of Section 39F of Chapter 30 of the General Laws of Massachusetts and that such estimate is correct for Work done and materials furnished for the period as shown and that payment therefor has not been received; and

(2) It contains or has attached thereto a written analysis or explanation, in form and content satisfactory to the Engineer, showing, as to each item of Work, how the amount earned was computed by the Contractor, including separate breakdowns of the labor, equipment and materials involved; and

(3) It contains or has attached thereto a written statement showing the amount of money paid by the Contractor to each Subcontractor during the period covered by the estimate; and

(4) It has attached thereto (a) copies or photocopies of all bills or invoices rendered to the Contractor or its Subcontractors during the estimate period with respect to materials for which payment is sought, and of delivery receipts in connection therewith, and (b) copies or photocopies of all bills or invoices rendered to the contractor by Subcontractors during said estimate period.

The Engineer shall determine whether any periodic estimate is in proper form, and such determination shall be final and conclusive.

The Authority may, if it deems it expedient so to do, cause estimates to be made more frequently than once in each month, and it may cause payments to be made more frequently to the Contractor. The Authority may, at its option retain temporarily or permanently a smaller amount than as aforesaid, and may cause the Contractor to be paid temporarily or permanently, from time to time, such portion of the reserve as it deems prudent.

All materials and Work covered by partial payments made shall become the sole property of the Authority, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and Work for which payments have been

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made or the restoration of any damaged Work, or as a waiver of the right of the Authority to require the fulfillment of all terms of the Contract.

If the Engineer certifies to the Authority in writing that certain items of Work are not being performed or have not been performed in accordance with the provisions of this Contract, no such partial payment shall be required to be made with respect to such items.

A. Payments To Subcontractors

This Contract, if awarded pursuant to sections 44A to H, inclusive, G.L. Chapter 149, is subject to the following paragraphs (a) through (i) and in each case those subparagraphs shall be binding between the general contractor and each subcontractor. For purposes of this Article 82, section A, “subcontractor” shall mean a person who files a sub-bid and receives a subcontract as a result of that filed sub-bid or who is approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor.

(a) Forthwith after the general contractor receives payment on account of a periodic estimate, the general contractor shall pay to each subcontractor the amount paid for the labor performance 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 general contractor.

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

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

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(d) If, within seventy days after the subcontractor has substantially completed the subcontract Work, the subcontractor has not received from the general contractor the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of Work, the subcontractor may demand direct payment of that balance from the awarding authority. The demand shall be by a sworn statement delivered to or sent by certified mail to the authority, and a copy shall be delivered to or sent by certified mail to the awarding authority, and a copy shall be delivered to or sent by certified mail to the general 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 completion of the subcontract Work. Any demand made after substantial completion of the subcontract Work shall be valid even if delivered or mailed prior to the seventieth day after the subcontractor has substantially completed the subcontract Work. Within ten days after the subcontractor has delivered or so mailed the demand to the awarding authority and delivered or so mailed a copy to the general contractor, the general contractor may reply to the demand. The reply shall be by sworn statement delivered to or sent by certified mail to the awarding authority 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 general contractor and of the amount due for each claim made by the general contractor against the subcontractor.

(e) Within fifteen days after receipt of the demand by the awarding authority, but in no event prior to the seventieth day after substantial completion of the subcontract Work, the awarding authority 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 general contractor, less any amount (i) retained by the awarding authority as the estimated cost of completing the incomplete or unsatisfactory items of Work, (ii) specified in any court proceedings barring such payment, or (iii) disputed by the general contractor in the sworn reply; provided, that the awarding authority 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 awarding authority shall make further direct payments to the subcontractor forthwith after the removal of the basis for deduction from direct payments made as provided in parts (i) and (ii) of this subparagraph.

(f) The awarding authority 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 general contractor and the subcontractor in a bank in Massachusetts selected by the awarding authority or agreed upon by the general contractor and the subcontractor and shall notify the general 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 general contractor and the subcontractor or as determined by decree of a court of competent jurisdiction.

(g) All direct payments and all deductions from demands for direct payments deposited in an interest-bearing account or accounts in a bank pursuant to subparagraph (f) shall be made out of amounts payable to the general contractor at the time of receipt of a demand for direct payment from a subcontractor and out of amounts which later become payable to the

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general contractor and in the order of receipt of such demands from subcontractors. All direct payments shall discharge the obligation of the awarding authority to the general contractor to the extent of such payment.

(h) The awarding authority shall deduct from payments to a general contractor amounts which, together with the deposits in interest-bearing accounts pursuant to subparagraph (f), are sufficient to satisfy all unpaid balances of demands for direct payments 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 general contractor.

(i) If the subcontractor does not receive payment as provided in subparagraph (a) or if the general contractor does not submit periodic estimate for the value of the labor or materials performed or furnished by the subcontractor and the subcontractor does not receive payment for same when due less the deductions provided for in subparagraph (a), the subcontractor may demand direct payment by following the procedure in subparagraph (d) and the general contractor may file a sworn reply as provided in that same paragraph. A demand made after the first day of the month following that for which the subcontractor performed or furnished the labor and materials for which the subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on a periodic estimate from the general contractor. Thereafter the awarding authority shall proceed as provided in subparagraphs (e), (f), (g), and (h). (Ch. 774, Acts of 1972).

Article 83. Acceptance And Final Payment

The Engineer shall within sixty-five (65) days after the satisfactory completion of the Contract, prepare a final estimate of the amount of Work done thereunder. After preparation, such final estimate shall be submitted to the Authority and a duplicate copy shall be transmitted by the Authority or the Engineer to the Contractor. Such final estimate shall include the value of all Work performed under the Contract and all retained percentage, after deducting therefrom the total of all previous periodic or partial payments. The Authority shall deduct and retain from payment of such final estimate a sum sufficient to satisfy any and all outstanding claims or liens that have been duly filed against the Contractor or a Subcontractor under the provisions of section 39 or 39A of Chapter 30 of the General Laws of Massachusetts or section 29 of Chapter 149 of said General Laws, and may also deduct and retain from such payment any other amounts to be deducted or retained in accordance with the terms of this Contract.

If, after final inspection has been made, there are any payment or extra Work items that are in dispute between the Contractor and the Authority, either as to the quantity or value of Work performed thereunder, such items or claims may be excluded from the final estimate, and payment for such disputed items may be deferred until such time as agreement has been reached between the Contractor and the Authority or until such claim has been adjudicated. In such cases, a semi-final estimate shall be prepared within said period of sixty-five days after completion covering the value of all Work performed and all retained percentage on all items of the contract that are not in dispute but subject to the same deductions and retainage as set forth above and with all disputed items or claims excluded. The existence of a dispute between the Contractor and the Authority as to any payment item or items shall not be considered a valid reason for delaying preparation of a semi-final estimate as provided herein.

In the event the Work has been substantially completed and the project has been opened to public

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use by order of the Authority, but final acceptance of the Work is subject to delay because of minor uncompleted items which do not impair the usefulness of the project, a semi-final estimate shall also be prepared within a like period of sixty five days after the Contract has been substantially completed and placed in public use. Such semi-final estimate shall include an estimate of the value of all Work performed in accordance with the terms of the Contract, including the amount of retained percentage withheld by the Authority from previous periodic payments, but excluding (a) the same deductions and retainage as in the case of final estimates, as provided by the first paragraph of this section, (b) an estimate of the value of the Work remaining to be performed and (c) any items or claims for extra Work, or parts thereof, that may be in dispute, and payment for such excluded items or portions thereof may be deferred until such remaining Work has been satisfactorily completed, or in the case of disputed items or claims until such time as agreement has been reached thereon or such claim has been adjudicated. An agreement form for the Contractor's acceptance shall also be transmitted to the Contractor together with the Contractor's copy of the final estimate. The Authority shall notify the Contractor's surety by copies thereof. After such acceptance has been signed and filed by the Contractor with the Authority, payment will be made of the entire sum due thereunder. All prior partial estimates and payments shall be subject to correction on the final estimate and payment. The Contractor shall, as a condition precedent to the issuance of final payment, furnish evidence satisfactory to the Authority that all payrolls, material bills, and other indebtedness connected with the Work have been paid.

If at any time during the period of one (1) year or as indicated otherwise in these specifications, from the date of the final acceptance of the Work under this Contract, any part of such Work which, in the opinion of the Engineer, requires replacing or repairing, or damage to other property of the Authority caused by any defect in the Work, the Engineer may notify the Contractor in person or by mail to make the required repairs or replacement and repair such damage. If the Contractor neglects to start such repairs or replacements to the satisfaction of the Engineer within ten (10) days from the date of giving or mailing such notice, then the Engineer may employ other persons to make such repairs and replacements and the Contractor agrees, upon demand, to pay to the Authority all amounts which it expends for such repair or replacement.

Article 84. Non-Discrimination and Affirmative Action.

General Explanation

Article 84A contains Massachusetts Port Authority contractor and subcontractor equal employment opportunity and minority Workforce provisions.

Article 84B contains Massachusetts Port Authority minority business enterprise and women business enterprise equal opportunity provisions.

Article 84C, D and E are Federal Requirements and are hereby made a part of these General Conditions regardless of whether the Contract is federally funded or not.

Bidders' attention is also directed to Division II of these specifications where a special provision may be included supplementing Article 84B. If such a provision requires submission of special forms, they have been included in the Bid Proposal Form and identified accordingly.

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84A. Equal Employment Opportunity Requirements

Each Contractor or Subcontractor shall implement to the fullest extent Equal Opportunity and Affirmative Action policies to insure the elimination of past and present effects of discrimination in order to promote equal employment opportunity and full utilization of minority and female manpower. For purposes of Article 84A, "Minority" refers to a person with permanent residence in the United States who is Alaskan Native, Asian (including the subcontinent of India), Black, Cape Verdean, North American Indian, Pacific Island or Western Hemisphere Hispanic, as further defined hereinafter. "Female" refers to women regardless of race or ethnicity. "Commission" refers to the Massachusetts Commission Against Discrimination.

During the performance of this Contract, each Contractor and Subcontractor (hereinafter "Contractor"), for itself, its assignees, and successors in interest, agree as follows:

l. Non-Discrimination:

In connection with the performance of Work under this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religious creed, national origin, age or sex. The aforesaid provision shall include, but not be limited to employment upgrading, demotion, or transfer; recruitment advertising; layoff; termination; rates of pay or other forms of compensation; conditions or privileges of employment; and selection for apprenticeship. The Contractor shall post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the Commission setting forth the provisions of the Fair Employment Practices Law of the Commonwealth (M.G.L. Chapter 151B).

2. Affirmative Action for Equal Opportunity:

In connection with the performance of Work under this Contract, the Contractor shall undertake in good faith affirmative action measures to eliminate any discriminatory barriers in the terms and conditions of employment on the grounds of race, color, religious creed, national origin, age or sex, and to eliminate and remedy any effects of such discrimination in the past. Such affirmative action shall entail positive and aggressive measures to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, and in-service or apprenticeship training programs. This affirmative action shall include all action required to guarantee equal employment opportunity for all persons, regardless of race, color, religious creed, national origin, age or sex. A purpose of this provision is to ensure to the fullest extent possible an adequate supply of skilled tradesmen for this and future Authority public construction projects. In furtherance of the foregoing obligations of affirmative action, the Contractor shall:

(a) notify community organizations that the Contractor has employment opportunities available and shall maintain records of the organization's responses.

(b) maintain a file of the names and addresses of each minority and female Worker referred to him/her and what action was taken with respect to each such referred Worker, and if the Worker was not employed, the reasons therefore. If such Worker was not employed by the Contractor, the Contractor's file should document this and the reasons given.

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(c) notify the Authority when the union or unions with whom the Contractor has a collective bargaining agreement has not referred to the Contractor a minority and female Worker or that the union referral process has impeded his/her efforts to meet its minority employment goal.

(d) participate in training, wherever possible.

(e) make known to all the company's employees its EEO policy through employee and union representative meetings, staff meetings, company policy manuals and review of the policy with minority Workers.

(f) designate and make known to the Authority's Compliance Officer the company official who will be the equal opportunity Liaison Officer.

(g) continually monitor all personnel activities to insure that its equal employment opportunity policy is being carried out.

(h) make known its EEO policy externally by informing all recruitment sources and all subcontractors and suppliers.

(i) make specific and constant personal, oral and written, recruitment efforts directed at all minority and female organizations, schools with minority and female students, minority and female recruitment organizations and minority and female training organizations within the contractor's recruitment area. (A list of Boston area agencies and organizations will be furnished by the Compliance Office).

(j) make specific efforts to encourage present minority and female employees to recruit their friends and refer all qualified minority and female persons whenever possible.

(k) make every effort to encourage after school, and vacation employment to minority and female youths.

(l) evaluate all employees and give attention to minorities and females for promotion opportunities and encourage minority and female employees to seek such opportunities.

(m) make sure that seniority practices, job classification, and the like do not have a discriminatory effect.

3. Minority Workforce Utilization:

In addition, the Contractor shall maintain on this project not less than a 10 percent ratio of minority employee person hours to total person hours in each job category and in any event not less than the minimum such ratio required by any applicable state or federal requirement, including without limitation, (1) the minority manpower utilization goals established by the Office of Federal Contract Compliance of the United States Department of Labor in each job category including but not limited to bricklayers, carpenters, cement masons, electricians, ironWorkers, operating engineers, and those "classes of Work" enumerated in Section 44F of Chapter 149 of the Massachusetts General Laws, and (2) guidelines and requirements of the Federal Aviation Administration, if applicable.

The goals of minority manpower utilization above are expressed in terms of person-hours of

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employment as a proportion of the total person-hours to be Worked by the Contractor's and any subcontractor's entire Workforce in each job category during the performance of this contract. In reaching the goals of minority manpower utilization required of the Contractor and notwithstanding the final ratio achieved, the Contractor will comply with the following provisions:

(a). In the event that the project utilizes more than two tradesmen in any job category, the Contractor shall insure that a qualified minority tradesman is utilized in that job category as one of the first three tradesmen commencing Work on the project.

(b) In the event that the project utilizes a Workforce of more than two tradesmen in the total Workforce, the Contractor shall insure that a qualified minority tradesman is utilized on the project as one of the first three tradesman commencing Work on the project.

The purpose of the Contractor's commitment to specific goals is to meet the Contractor's Article affirmative action obligations of equal employment and is not intended and shall not be used to discriminate against any qualified applicant or employee on the basis of sex, race, color or national origin.

The policy of the Authority is ultimately to attain a 20 percent ratio of minority employee person hours in each job category. To the extent that the 10 percent ratio and the "third-man in" requirement established herein achieve a minority Workforce utilization of less than 20 percent, Contractor shall submit to the Authority a description of steps to be taken which will in future instances assist and enable the Authority to increase overall utilization to not less than 20 percent in each job category.

In the hiring of minority journeymen, apprentices, trainees and advanced trainees, the Contractor shall rely on referrals from a multi employer affirmative action program approved by the Commission, traditional referral methods utilized by the construction industry, and referrals from agencies, not more than three in number at any one time, designated by the Commission.

4. Solicitations for Sub-Contracts and for the Procurement of Materials and Equipment:

In all solicitations either by competitive bidding or negotiation made by the Contractor either for Work to be performed under a subcontract or for the procurement of materials or equipment, each potential subcontractor or supplier shall be notified in writing by the Contractor of the Contractor's obligations under this Contract relative to non-discrimination and affirmative action.

5. Administrative Provisions:

The Contractor shall prepare projected manning tables on a quarterly basis. These shall be broken down into projections, by week, of Workers required in each trade. Copies shall be furnished one week in advance of the commencement of the period covered, and also when updated, to the Commission.

Records of employment referral orders, prepared by the Contractor, shall be made available to the Commission.

The Contractor shall prepare weekly reports in a form approved by the Commission of hours Worked in each trade by each employee, identified as minority or non-minority. Copies of

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these shall be provided at the end of each such week to the Commission.. In addition, the following procedures shall apply:

(a) Affirmative Action Reports After Award of Contract

The Authority requires information, which is necessary to ascertain the compliance of the contractor within the terms of the EEO special provisions. This information shall be submitted in report form as required. The Authority's unit manager will coordinate all reports by the contractor and monitor all Work performed for non-discrimination and affirmative action, reporting non-compliance to the Authority's Director of Compliance.

(b) Manning Tables

One week before Work starts and quarterly thereafter a project manning table shall be generated to show the trades and craftsmen to be used on the project by weekly projections. Each subcontractor will also be required to complete a manning table for the portion of the Work assigned. The tables should be revised periodically to reflect changes in Work schedule. The tables will then be forwarded to the Authority's Compliance Office where the Officer will maintain a log of such tables and compare the proposed staffing with the weekly manpower report submitted.

(c) Weekly Manpower Reports

The Contractor shall prepare a signed weekly manpower report.. Separate reports are to be obtained by the Contractor for each of the subcontractors. As with the manning tables, it is more important to show each individual trade designated, e.g., laborer, plumber, mechanic, etc.

(d) Report Log

The Authority's Director of Compliance will maintain by project a log of all reports. Each time there is a change in the manning table it will be documented by date.

(e) Compliance Report

From the information obtained from the Report Log and the weekly reports a compliance report will be filed monthly to MCAD.

(f) Non-Compliance Report

The projects found in non-compliance will be reported out on a separate form. A copy will be sent to MCAD and also to the contractor indicating that non-compliance has been reported. Further action necessary would then be conducted under the EEO/Affirmative Action Program. Whenever, in any case, the Authority's Compliance Office believes the prime contractor or any subcontractor may not be in compliance, the Director of Compliance will confer with the unit manager and the contractor to determine the reason for non-compliance. If the non-compliance can be resolved equitably no report will be filed.

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(g) DBE Expenditure Report

On a monthly basis, the Contractor shall submit on a form prescribed by the Authority's Compliance Office, a report of payments made to each Disadvantaged Business Enterprise participating on the project during that calendar quarter.

In the employment of journeymen, apprentices, trainees and advanced trainees, the Contractor shall give preference, first, to citizens of the Commonwealth who have served in the armed forces of the United States in time of war and have been honorably discharged therefrom or released from active duty therein, and who are qualified to perform the Work to which the employment relates.

A designee of the Commission shall each have right of access to the construction site.

The Contractor will provide all information and reports required by the administering agency or the Commission on instructions issued by either of them and will permit access to its facilities and any books, records, accounts and other sources of information, which may be determined by the Commission to affect the employment of personnel. This provision shall apply only to information pertinent to the Commonwealth's supplementary affirmative action contract requirements. Where information required is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the administering agency or the Commission as appropriate and shall set forth what efforts s/he has made to obtain the information.

Whenever the administering agency or Commission believes the General Contractor or any Subcontractor may not be operating in compliance with the terms of this Section, the Commission directly, or through its designated agent, shall conduct an appropriate investigation, and may confer with the parties, to determine if such Contractor is operating in compliance with the terms of this Section. If the Commission or its agent finds the General Contractor or any subcontractor not in compliance, it shall make a preliminary report on non-compliance, and notify such Contractor in writing of such steps as will in the judgment of the Commission or its agent bring such Contractor into compliance. In the event that such Contractor fails or refuses to fully perform such steps, the Commission shall make a final report of non-compliance, and recommend to the administering agency the imposition of one or more of the sanctions listed below. If, however, the Commission believes the General Contractor or any Subcontractor has taken or is taking every possible measure to achieve compliance, it shall not make a final report of non-compliance. Within fourteen days of the receipt of the recommendations of the Commission, the administering agency shall move to impose one or more of the following sanctions as it may deem appropriate to attain full and effective enforcement:

(a) The recovery by the administering agency from the General Contractor of 1/100 of 1% of the contract award price or $1000 whichever sum is greater, in the nature of liquidated damages, or, if a Subcontractor is in non-compliance, the recovery by the administering agency from the General Contractor, to be assessed by the General Contractor as a back charge against the Subcontractor, of 1/10 of 1% of the subcontract price, or $400 whichever sum is greater, in the nature of liquidated damages, for each week that such party fails or refuses to comply. The said liquidated damages shall be in addition to and independent of any other provision regarding liquidated damages provided for in the Contract Documents.

(b) The suspension of any payment or part thereof due under the contract until such time as the

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General Contractor or any Subcontractor is able to demonstrate his/her compliance with the terms of the Contract.

(c) The termination, or cancellation, of the Contract, in whole or in part, unless the General Contractor or any Subcontractor is able to demonstrate within a specified time his/her compliance with the terms of the Contract;

(d) The denial to the General Contractor or any Subcontractor of the right to participate in any future contracts awarded by the administering agency for a period of up to three years.

If at any time after the imposition of one or more of the above sanctions a Contractor is able to demonstrate that s/he is in compliance with this Section, he may request the administering agency, in consultation with the Commission, to suspend the sanctions conditionally, pending a final determination by the Commission as to whether the Contractor is in compliance. Upon final determination of the Commission, the administering agency, based on the recommendation of the Commission, shall either lift the sanctions or re-impose them.

Sanctions enumerated above shall not be imposed by the administering agency except after an adjudicatory proceeding, as that term is used M.G.L. c. 30A, has been conducted. No investigation by the Commission or its agent shall be initiated without prior notice to the Contractor.

6. Compliance with Requirements:

For the purposes of this Contract, the Contractor shall comply with the provisions of Executive Order No. 74, as amended by Executive Order No. 116 dated May 1, 1975, and of Chapter 151B as amended, of the Massachusetts General Laws both of which are herein incorporated by reference and made a part of this Contract.

7. Bidder's Certification Requirement:

In the bid proposal form, the bidder certifies as follows:

"The bidder hereby certifies that he shall comply with the minority manpower ratio and specific action steps contained in Article 84A of the General Conditions. The Contractor receiving the award of the Contract shall be required to obtain from each of its subcontractors and submit to the contracting or administering agency prior to the performance of any Work under said contract a certification by the said subcontractor, regardless of tier, that it will comply with the minority manpower ratio and specific affirmative action steps contained in said program."

The Contractor's Certification Form must be signed by the successful bidder prior to award by the contracting agency. (See Form 84A-l)

In addition, a Sub-contractor's Certification Form must be signed by each prospective sub-contractor prior to entry in its subcontract. (See Form 84A-2). In order to ensure that the said Contractors' certification becomes a part of all subcontracts under the prime Contract, no subcontract shall be executed until an authorized representative of the Authority has determined, in writing, that the said certification has been incorporated in such subcontract, regardless of tier. Any subcontract executed without such written approval shall be void.

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8. Severability:

The provisions of this section are severable, and if any of these provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

84B. Equal Opportunity for Minority Business Enterprises and Women Business Enterprises

Each Contractor or prospective contractor of the Massachusetts Port Authority shall use its best efforts to utilize qualified minority business enterprises (MBE) and women business enterprises (WBE) as subcontractors. For purposes of Article 84B, the following definitions apply:

Minority Business Enterprise is a business that is owned and controlled by one or more minority persons.

Women Business Enterprise is a business that is owned and controlled by one or more female persons.

Owned and Controlled means a business which is (l) a sole proprietorship legitimately owned by an individual who is a minority or female person, (2) a partnership or joint venture controlled by minority or female persons and in which at least 51% of the beneficial ownership interests legitimately are held by minority or female persons, or (3) a corporation or other entity controlled by minority or female persons, and in which at least 51% of the voting interests and 51% of the beneficial ownership interests legitimately are held by minority or female persons.

Minority refers to a person with permanent residence in the United States who is Alaskan Native, Asian (including the subcontinent of India), Black, Cape Verdean, North American Indian, Pacific Island or Western Hemisphere Hispanic, as further defined hereinafter.

The Contractor, in the performance of all Work after award, and prior to completion of the Contract Work, will not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of subcontractors, or in the procurement of materials and rentals of equipment.

If the Contractor shall use any subcontractor on any Work performed under this Contract, s/he shall take affirmative action to solicit bids and to negotiate with qualified MBE and WBE subcontractors in the trades covered by the specific Contract Condition. This affirmative action shall cover both pre-bid and post-bid periods. It shall include notification to the State Office of Minority Business Assistance or its designee, while bids are in preparation, of all products, Work or services for which the Contractor intends to negotiate.

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Further, the Contractor shall:

(a) contact at least the minority contractors, which are included on lists published by the State Office of Minority Business Assistance (SOMWBA), Suite 3740, Ten Park Plaza, Boston, MA 02116 and also request assistance in contacting qualified MBE and WBE firms from the Authority's Compliance Office with respect to the Contractor's intention to sub-contract and portion of the Work

(b) inform SOMWBA and the Compliance Office of the type of Work to be performed and its approximate value. SOMWBA and the Compliance Office will in turn respond in writing (or by telephone to expedite if necessary) with a list of qualified contractors by name, address and telephone number.

(c) prior to Contract award, an apparent low bidder shall submit a program, which it intends to utilize to contact and encourage MBEs and WBEs to participate in subcontracting opportunities on any Work during the contract's construction period. The program shall describe the Contractor's equal opportunity program and shall propose specific measures designed to obtain the utilization of MBEs and WBEs as subcontractors, including without limitation the following:

(i) Notification to community organizations that the contractor has subcontractor opportunities available and maintenance of records of the organizations' responses.

(ii) Maintenance of a file of the names and addresses of each potential MBE and WBE subcontractor referred to him and action taken with respect to each such referred contractor.

(iii) Dissemination of his MBE and WBE subcontractor participation policy externally by informing and discussing it with all subcontractors and suppliers.

(iv) Engagement in specific and continuing personal (both written and oral) recruitment efforts directed at MBE and WBE contractor organizations, recruitment organizations and business assistance organizations.

(d) As part of its request for approval of any subcontractor, the Contractor shall submit an MBE Subcontracting Participation Certification and an WBE Subcontracting Participation Certification on the attached form provided by the Authority, listing the MBE and WBE contractors from whom the Contractor solicited bids for that portion or portions of Work for which subcontractor approval is requested.

In no way should a Contractor use the affirmative action steps required in this document in such a manner as to result in discrimination against any person on account of race, color, religion, sex or national origin.

At the request of the Contractor, the Authority's Compliance Office will assist in efforts of the Contractor concerning compliance with these provisions.

The Authority may at any time require such information as is necessary in its judgment to ascertain compliance of any contractor with the MBE and WBE contractor provisions set forth in this Article.

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The provisions of this section are severable, and if any of these provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

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Forms For Use With Article 84

Form 84A-l. Contractor's Certification

A Contractor will not be eligible for award of a contract unless such Contractor has submitted the following certification, which is deemed a part of the resulting contract:

CONTRACTOR'S CERTIFICATION

Certifies that: Contractor

l. It intends to use the following listed construction trades in the Work under the contract:

;and

2. Will comply with the minority manpower ratio and specific affirmative action steps contained herein; and

3. Will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontract under this contract the subcontractor certification required by these bid conditions.

(Signature of authorized representative of Contractor)

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Form 84A-2. Subcontractors' 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 will be deemed a part of the resulting subcontract:

SUBCONTRACTORS' CERTIFICATION

certifies that: Sub-contractor

l. It intends to use the following listed construction trades in the Work under the contract:

;and

2. Will comply with the minority manpower ratio and specific affirmative action steps contained herein; and

3. Will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontract under this contract the subcontractor certification required by these bid conditions.

(Signature of authorized representative of Sub-contractor)

Note: In accordance with Article 84A, Paragraph 7, In order to ensure that the said subcontractors' certification becomes a part of all subcontracts under the prime contract, no subcontract shall be executed until an authorized representative of the Authority has determined, in writing, that the said certification has been incorporated in such subcontract, regardless of tier. Any subcontract executed without such written approval shall be void.

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Form 84B-1. Contractor Efforts to Secure MBE Subcontractor Participation

MBE PARTICIPATION EFFORTS

CONTRACTOR:

CONTRACT TITLE/NO:

TYPE OF WORK TO BE SUBCONTRACTED:

I. l. A. Contractor provided SOMWBA on (date) the type and approximate value of Work to be done by subcontract.

B. Contractor provided Authority's Compliance Office (date) of the type and approximate value of Work to be done by subcontract.

2. A. Contractor (did or did not ) receive a response from .

B. Contractor (did or did not ) receive a response from Authority's Compliance Office.

II. Other good faith efforts to secure minority enterprise participation on project. (Describe - i.e., contract with minority contractor trade associations and local business development organizations.)

III. Successful Bidder for Subcontracting Participation in Project under Contract

Name of Contractor:

Address:

Trade:

Type of Firm:

Minority Group:

Approximate Dollar Value:

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IV. Solicitations to Minority Contractors for Bids on above Subcontract (Exclude Successful Bidder if Noted Above).

Name of Minority Contractor

Address:

Referred by:

Bids Received: Yes No

Approximate Dollar Value of Bid: $

Use Separate Sheet of Paper if Necessary.

Signature of Contractor Representative

Date

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Form 84B-2. Contractor Efforts to Secure WBE Subcontractor Participation

WBE PARTICIPATION EFFORTS

CONTRACTOR:

CONTRACT TITLE/NO:

TYPE OF WORK TO BE SUBCONTRACTED:

I. 1. Contractor provided MPA Compliance Office (date) of the type and approximate value of Work to be done by subcontract.

2. Contractor (did or did not ) receive a response from Authority's Compliance Office.

II. Other good faith efforts to secure WBE participation on project. (Describe - i.e., contract with WBE contractor associations and local business development organizations.)

III. Successful WBE Bidder for Subcontracting Participation in Project under Contract

Name of Contractor:

Address:

Trade:

Type of Firm:

Minority Group:

Approximate Dollar Value:

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IV. Solicitations to WBE Contractors for Bids on above Subcontract (Exclude Successful Bidder if Noted Above).

Name of Minority Contractor

Address:

Referred by:

Bids Received: Yes No

Approximate Dollar Value of Bid: $

Use Separate Sheet of Paper if Necessary.

Signature of Contractor Representative Date

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84C.Contract Specifications Required by the Secretary of Labor Pursuant to 41 CFR Sec. 60-l-4(b)

During the performance of this Contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin, such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

3. The Contractor will send to each labor union or representative of Workers with which s/he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or Workers' representatives of the contractor's commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.

7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order in the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided,

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however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

8. The Contractor will submit all Standard Forms 257, Monthly Employment Utilization Report, which are required by Executive Order 11246, directly to Office of Federal Contract Compliance Programs Regional Office at the address listed below.

U.S. Department of Labor JFK Federal Building, Room 1612-C

Government Center Boston, MA 02203 Tel: 617-223-4232

84D. Contract Specifications Required by the Secretary of Labor Pursuant to 41 CFR Section 60-4.3.

Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)

1. As used in these specifications:

a. "Covered area" means the geographical area descripted in the solicitation from which this Contract resulted;

b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

d. "Minority" includes;

(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

(iii)Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

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2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all Work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed a percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonWorking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

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a. Ensure and maintain a Working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to Work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Working Contractor's obligation to maintain such a Working environment, with specific attention to minority or female individuals Working at such sites or in such facilities.

b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken.

d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.

f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement, by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction Work is performed.

g. Review at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction Work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject

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matter.

h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's Work force.

k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.

l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

m. Ensure that seniority practices, job classifications, Work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.

n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor union, contractor community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has

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a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female Workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin.

11 The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic apprentice trainee, helper or laborer) dates of changes in status, hours Worked per week in the indicated trade, rate of pay, and locations at which the Work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws, which establish different standards of compliance or upon the application of

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requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program.)

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APPENDIX A

The following goals and timetables for female utilization shall be included in all Federal and federally assisted construction contracts and subcontracts in excess of $10,000. The goals are applicable to the Contractor's aggregate on-site construction Workforce whether or not part of that Workforce is performing Work on a Federal or federally assisted construction contract or subcontract.

AREA COVERED

Goals for Women apply nationwide

GOALS AND TIMETABLES

Timetable

Goals (percent)

From Apr. 1, 1978 until Mar. 31, 1979 3.1 From Apr. 1, 1979 until Mar. 31, 1980 5.1 From Apr. 1, 1980 until further notice. 6.9

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APPENDIX B

Until further notice, the following goals and timetables for minority utilization shall be included in all Federal or federally-assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective covered areas. The goals are applicable to the contractor's aggregate on-site construction Workforce whether or not part of that Workforce is performing Work on a Federal or federally-assisted construction contract or subcontract.

REGION

BOSTON, MASSACHUSETTS AREA

Area covered - Arlington, Boston, Belmont, Brookline, Burlington, Cambridge, Canton, Chelsea, Dedham, Everett, Malden, Medford, Wakefield, Westwood, Winthrop, Winchester, Woburn, and the Islands of Boston Harbor, Massachusetts.

GOALS AND TIMETABLES

Timetable Trade Goal (percent)

Asbestos Workers 10.8 to 10.12 Boilermakers 9.6 to 12.0 Bricklayers 8.0 to 10.0 Carpenters 11.6 to 14.5 Cement Masons 25.5 to 27.5 Electricians 6.0 to 7.0 Elevator Constructors 9.5 to 11.4 Glaziers 8.8 to 11.0 IronWorkers 5.9 to 6.9 Lathers 6.9 to 8.9 Operating Engineers 14.1 to 15.0 Painters 9.1 to 11.1 Pipefitters 11.0 to 12.1 Plasterers 20.5 to 22.5 Plumbers 9.8 to 11.8 Roofers 8.4 to 10.5 Sheetmetal Workers 10.1 to 12.1 Sprinkler Fitters 12.3 to 15.6 All other trades 10.3 to 12.3

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84E. Certification of Non-Segregated Facilities Required by 41 CFR Section 60-1.8

CERTIFICATION OF NON-SEGREGATED FACILITIES

The Federally assisted construction contractor certifies that s/he does not maintain or provide for his employees any segregated facilities at any of his/her establishments, and that s/he does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that s/he will not maintain or provide for his/her employees segregated facilities at any of his/her establishments, and that s/he will not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The Federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract.

As used in this certification, the term "segregated facilities" means any waiting rooms, Work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because of habit, local custom, or any other reason. The Federally assisted construction contractor agrees that (except where s/he has obtained identical certifications from proposed subcontractors for specific time periods), s/he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that s/he will retain such certifications in his files.

Certification - The information above is true and complete to the best of my knowledge and belief.

Name and Title of Signer (Please type)

Signature Date

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

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Article 85. Contractor Record Keeping Requirements

Pursuant to Massachusetts General Law Chapter 30, Section 39K, if this Contract is an agreement or Contract which is for an amount or estimated amount greater than $100,000 and is awarded or executed pursuant to c.149 Sec. 44A through H the following terms are part of this Contract:

1. The Contractor shall make, and keep for at least six years after final payment, books, records, and accounts which in reasonable detail accurately and fairly reflect the transactions and dispositions of the Contractor, and

2. Until the expiration of six years after final payment, the Authority, the Office of the Inspector General, and the Deputy Commissioner of Capital Planning and Operations shall have the right to examine any books, documents, papers or records of the Contractor or of his/her subcontractors that pertains to and involves transactions relating to, the Contractor or his/her subcontractors, and

3. If the agreement is a Contract, the Contractor shall describe any change in the method of maintaining records or recording transactions which materially affect any statements filed with the Authority, including in his/her description the date of the change and reasons therefor, and shall accompany said description with a letter from the Contractor's independent certified public accountant approving or otherwise commenting on the changes, and

4. If the agreement is a Contract, the Contractor has filed a statement of management on internal accounting controls as required by G.L. c.30 Sec. 34R(c) prior to the execution of the Contract, and

5. If the agreement is a Contract, the Contractor has filed prior to the execution of the contracts and will continue to file annually, an audited financial statement for the most recent completed fiscal year as required by G.L. c.30 Sec. 39R(d).

Chapter 30 Sec. 39R also requires all Contractors awarded a Contract pursuant to c.149 Sec. 44A through H for an amount or estimated amount greater than $100,000 to make the following filings:

A. Every Contractor awarded a Contract shall file with the Authority a statement of management as to whether the system or internal accounting controls of the Contractor and its subsidiaries reasonably assures that:

(1) transactions are executed in accordance with management's general and specific authorization;

(2) transactions are recorded as necessary;

i. to permit preparation of financial statements in conformity with generally accepted accounting principles, and

ii. to maintain accountability for assets;

(3) access to assets is permitted only in accordance with management's general or specific authorization; and

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(4) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action was taken with respect to any difference.

B. Every Contractor awarded a Contract shall also file with the Authority a statement prepared and signed by an independent certified public accountant, stating that s/he has examined the statement of management on internal accounting controls and expressing an opinion as to

(1) whether the representations of management in response to this paragraph and to paragraph (b) of c.30 Sec. 39R (contract provisions) above are consistent with the result of management's evaluation of the system of internal accounting controls; and

(2) whether such representations of management are, in addition, reasonable with respect to transactions and assets in amounts, which would be material when measured in relation to the applicant's financial statements.

Article 86. Massachusetts Right-to-Know Act

The Contractor shall comply fully with the provisions of G.L. c. 111F (Massachusetts Right-to-Know Act), hereinafter the "Act." The Contractor acknowledges that the Authority is subject to the "Act" and agrees to provide the statutory-required Material Safety Data Sheet relative to each hazardous or toxic substance brought onto the Authority's property in connection with the services to be performed by the Contractor. In addition, the Contractor agrees to provide, at the Authority's request, statutory-required safety and preventive training to the Authority's designated employees who may be exposed to such substances in the Workplace.

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CHAPTER X

IDENTIFICATION

Article 87. Security Identification Requirements

Please refer to Division II, Special Provisions, for applicable security identification requirements.

Article 88. Required Use of Internet-based Compliance Management System

As part of the Authority’s commitment to assist Contractors to conveniently comply with legal and contractual compliance reporting requirements, the Authority maintains an online Compliance Management Software (CMS) system (System). The System is designed to help reduce Contractor’s administrative costs and to provide various Work-flow automation features that improve the required project compliance reporting processes. Utilizing the System will reduce the amount of administrative time currently required to submit hard copy documentation of contract compliance reporting information. The System is provided for use by the Contractor and subcontractors at no cost, and System training is also provided at no cost. The System provides functionality for the following compliance reporting processes:

• Prompt Payment Process • Minority and Women Business Enterprise (M/WBE) Process • Disadvantaged Business Enterprise (DBE) Process • Small Business (SB) Program Process • Workforce Utilization/EEO Process • Prevailing Wage Process

The Contractor and all subcontractors are responsible to provide legal and contractually required compliance information and reports using the CMS system. The Authority may require additional information related to contract compliance to be provided electronically through the System at any time before, during or after contract award. If the Authority grants any Contractor or subcontractor a waiver from using the System, the Contractor or subcontractor shall be required to use the paper forms for compliance reporting under the contract. Apparent low bidders, trained on the CMS system, are encouraged to utilize CMS for the required timely submission of Schedule(s) for Participation/Letter(s) of Intent in accordance with the bidding requirements. Information regarding Contractor access to the CMS system will be provided to a designated point of contact for each Contractor and subcontractor upon award of the contract. The Compliance Management Software System is Internet-based and can be accessed at the following Internet addresses: https://www.massport.mwdbe.com for the Prompt Payment Reporting Process and the MBE/WBE/DBE and SB Reporting Process, and https://www.lcptracker.net for the Workforce Utilization/EEO Reporting Process and the Prevailing Wage Reporting Process.

https://www.massport.mwdbe.com/

https://www.lcptracker.net/

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Article 89. Claims

Claims, Counterclaims, Disputes:

i. All claims, counterclaims, disputes, and any other matters in question arising under, or relating to, the Contract Documents or the breach thereof shall be processed in accordance with the provisions of the Contract and this Article 89, and are subject to audit by the Authority.

ii. A “Claim” means a written demand or assertion by the Contractor seeking

an adjustment in the Contract Amount and payment of monies so due, an extension or shortening in Milestone or Contract completion dates, the adjustment or interpretation of Contract terms, or other relief arising under or relating to the Contract. A written demand or assertion by the Contractor seeking the payment of money is not a Claim under this Article until certified as required under Article 89.2, below.

iii. A Claim arising under the Contract, unlike a Claim relating to the

Contract, is a Claim that can be resolved under an existing Contract provision that provides for or excludes the relief sought by the Contractor (including, but not limited to, claims for alteration in the work, extra work, or extensions of time). A Claim arising under the Contract shall be resolved under the applicable provisions of the Contract. A Claim relating to the Contract must meet all requirements of this Article and any request for an increase in the Contract Amount shall be evaluated and calculated pursuant to, and limited by, the provisions of this Contract and this Article 89.

iv. Contractor shall not be entitled to any damages or an adjustment in the

Contract Amount, and neither Authority nor its designated representatives shall be liable to Contractor or its lower-tier suppliers or subcontractors in tort (including negligence) or contract, except as specifically provided in this Contract.

For Claims relating to the Contract, the following provisions shall govern: 89.1. When Notice and Claim Submittal Become Due:

i. For any Claim relating to the Contract under this Article to be valid, it

shall be based upon written notice delivered by the Contractor to the Engineer and the Authority promptly, but in no event later than fourteen (14) days, after the occurrence of the event giving rise to the Claim and stating the general nature of the Claim. The Claim submittal with all supporting cost data shall be delivered by the Contractor to the Engineer within sixty (60) days after that occurrence (unless the Engineer allows an additional period of time to ascertain more accurate data in support of the Claim). The responsibility to substantiate a Claim shall rest with the party making the Claim.

MPA MP1803-C1 I-90

89.2. Requirements for Contractor Claims:

i. For all Contractor Claims seeking an increase in the Contract Amount, the Contractor shall submit with the Claim an affidavit certifying that:

a. the Claim is made in good faith, and the amount claimed

accurately reflects the adjustments in the Contract Amount for which the Contractor can prove the Authority is liable, and covers all direct, supplemental, indirect, consequential, and serial and cumulative costs to which the Contractor is entitled as a result of the occurrence of the claimed event;

b. supporting cost and pricing data are current, accurate, complete

and represent the best of the Contractor’s knowledge and belief; and

c. if the Contractor is an individual, the affidavit shall be executed by

that individual; if the Contractor is not an individual, the affidavit shall be executed by a senior company official in charge at the Contractor’s plant or location involved, or a responsible officer or general partner of the Contractor.

ii. The attention of the Contractor is drawn to state and federal laws

regarding penalties for false claims. The Authority will take any or all actions available to it against the Contractor to the fullest extent of the law for Contractor’s submission of a false, fictitious or unsubstantiated Claim.

89.3. Determination on a Claim:

i. For Contractor-certified claims of $50,000.00 or less, the Engineer will, if

requested in writing by the Contractor, render a determination within fifteen (15) days of the request. For Contractor-certified claims over $50,000.00, the Engineer will, within fifteen (15) days decide the Claim or notify the Contractor of the date by which the decision will be made. The Engineer will review with the Contractor the results of the evaluation before rendering a determination. The Engineer’s final determination shall be final and binding on the Contractor.

89.4 Failure to Provide Notice is a Waiver: The Authority must receive notice in strict compliance with the Contract of all

Claims in order to investigate such Claims and to make decisions that will eliminate or minimize any additional costs or delays to the Work, the Project or to the Authority’s overall capital program. Contractor acknowledges that it has no right in law or equity to seek any increase to the Contract Amount unless Contractor strictly complies with all requirements of the Contract and this Article

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89. Failure by Contractor to meet all of the requirements of the Contract and this Article 89 shall be deemed an intentional waiver by Contractor of any right to file a Claim or to seek relief.

Article 90. Force Majeure Definition: Force Majeure shall mean (a) adverse weather conditions not reasonably foreseeable or unusually severe weather; (b) acts of God, including, without limitation, floods, hurricanes, tornadoes, landslides, earthquakes, epidemics, quarantine and pestilence; (c) freight embargoes; (d) governmental actions, restrictions or moratorium; (e) acts of a public enemy, civil commotion, riots insurrections, acts of war, blockades, terrorism, security alert, effects of nuclear radiation or national internal calamites; (f) condemnation or other exercise of the power of eminent domain; (g) delays in any approval process of any governmental authority to the extent such delays are not due to any fault, negligence, or lack of diligence of Contractor or its Subcontractors; (h) inconvenience, delays, inefficiencies or loss caused by the presence and operations of other Authority Contractors or Contractors working within the limits of the project; and (i) restraint or other act by court or public authority to the extent such delays are not due to the gross negligence or willful misconduct of Contractor or its and Subcontractors. Force Majeure shall in any event exclude: (a) lack of sufficient funds or any other financial difficulty of the Contractor or its Subcontractors, and (b) adverse weather (1) occurring during non-work periods or on any day which is not a business day, unless it can be demonstrated that said weather impeded the Work the following days; or (2) which shall not result in a direct and actual delay in the performance of Work at the time of such inclement weather and (c) strikes, labor disputes, work stoppages, or picketing (legal or illegal).

Extensions for Force Majeure:

If the Work is delayed at any time in the commencement or progress of the Work by reason of Force Majeure or by other causes which the Authority in its discretion may determine justifies an extension of the time for Contract Completion, then the time for Contract Completion shall be extended by written agreement for such reasonable time as the Authority may determine that the Project’s completion, or the achievement of any Contract Milestones, is delayed by the Force Majeure, but only (i) if and to the extent such event or circumstance is beyond the reasonable control of the Contractor or its Subcontractors, (ii) if and to the extent Contractor or its Subcontractors shall have taken all reasonable precautions to prevent delays by reason of such event or circumstance if such event or circumstance was actually known in advance, (iii) if and to the extent such event or circumstance is not caused by Contractor’s employees’ gross negligence or willful misconduct, (iv) if and to the extent that such event caused a delay to activities on the critical path of the Contract Schedule, and (v) if Contractor or its Subcontractors strictly complied with the requirements of the Contract.

Notice of Force Majeure:

If prevented or delayed by reason of Force Majeure, Contractor shall provide to the Engineer within 7 days after the commencement of the Force Majeure, written notice of the Force Majeure and shall, within seven (7) days after the Force Majeure event has ended, provide to Engineer a written description of the impact

MPA MP1803-C1 I-92

caused on the performance of the Work by the Force Majeure. The description of the impact shall include U.S. Weather Bureau Climatological Reports for the months involved plus a report indicating weather events over those months for the past ten years from the nearest reporting station. The ten-year average will determine the number of adverse weather days which should normally be expected.

Sole Remedy for Force Majeure:

For delays in the construction of the Project caused by reason of Force Majeure, an extension in the time Contract Completion shall be the sole and exclusive remedy for any such delay.

- END OF DIVISION I -

MASSACHUSETTS PORT AUTHORITY EAST BOSTON, MASSACHUSETTS

DIVISION II

TERM CONTRACT

SPECIAL PROVISIONS

TABLE OF CONTENTS

DIVISION II

SPECIAL PROVISIONS

I. SPECIAL PROVISIONS

PARAGRAPH

1. Description and Location of Work ......................................................................II-1

2. Drawings ..............................................................................................................II-1

3. Engineer ...............................................................................................................II-1

4. Commencement and Completion of Work ..........................................................II-1

5. Contract Time Extension .....................................................................................II-2

6. Liquidated Damages ...........................................................................................II-2

7. Minimum Wage Rates .........................................................................................II-2

8. Material Substitution ............................................................................................II-2

9. Shop Drawings, Samples, and Product Data .......................................................II-2

10. Guarantee of Materials and Workmanship ..........................................................II-3

11. Fire and Safety Precautions .................................................................................II-3

12. Identification of Equipment .................................................................................II-5

13. Insurance ..............................................................................................................II-5

14. Restrictions on the Use of Grounds .....................................................................II-6

15. Vehicle Traffic Control and Access at Logan Airport .........................................II-7

16. Occupational Safety and Health Regulations ....................................................II-10

17. Information and Coordination............................................................................II-13

18. Visit to Premises ................................................................................................II-14

19. Security Identification Requirements …………………………………………II-14

20. Construction Waste Management …………………………………………….II-14

21. Reimbursement, Work Orders, and Method of Payment .… .…………………II-15

22. Working Hours…………….…………………………………………………..II-17

23. Smoking Restrictions ...………………………………………………………..II-18

24. Security of the Work Site… .…………………………………………………..II-18

25. Hoisting Equipment and Machinery……………………… ..…………..……..II-18

26. Police Details…………………………………………………………………..II-19

II. APPENDICES

Appendix A – Wage Rates and Reporting

• Weekly Certified Payroll Report Form (CP2)

• Weekly Payroll Records Report & Statement of Compliance

• Prevailing Wage Rates – Boston, MA

Appendix B – Term Contract Work Order and Payment Forms

• Term Contractor Work Order & Certificate of Completion

• Term Contractor Work Order Daily Log

• Partial Requisition and Certification

Appendix C – Recycling and Trenching

• Recycled Materials Monthly Report

• Trench Permit Application

Appendix D – Security Badging

• Logan Airport Security Badge Process

• Maritime Security Badge Process and TWIC Security Identification Process

Appendix E – Crane Permitting

• Crane Requirement Checklist

• Crane Authorization Package

Appendix F – Emergency Contacts List, Roadway Lane Closure Form, and Sign on the Project

• Emergency Contacts List Sample

• Roadway Lane Closure Form

• Sign on the Project Detail

MPA MP1803-C1 II-1

DIVISION II

SPECIAL PROVISIONS

I. SPECIAL PROVISIONS 1. Description and Location of Work:

1.1 The work to be performed under this Contract includes:

SCOPE OF WORK MAY INCLUDE:

• INSTALLATION, MAINTENANCE AND REMOVAL OF SPILL CONTAINMENT BOOMS, DEBRIS BOOMS OR BOTTOM ANCHORED SILT CURTAINS

• RETRIEVAL AND DISPOSAL OF FLOATING DEBRIS

• REMOVAL AND DISPOSAL OF DAMAGED TIMBER OR TIMBER DEBRIS

• MISCELLANEOUS SMALL ITEM WATERFRONT REPAIRS AS REQUESTED BY MASSPORT

1.2 The exact scope of work shall be determined during the term of the Contract based on Work Orders submitted by Massport facility representatives and approved by the Engineer.

1.3 The location of work may be at any Massport Waterfront Facility within the outer limits of Boston Harbor, in South Boston and East Boston, including but not limited to Boston Logan International Airport, East Boston Piers, South Boston Fish Pier and Commonwealth Pier, Black Falcon Cruise Terminal and Conley Container Terminal. Work may require access from landside and/or from waterborne access.

2. Drawings: 2.1 No Contract Drawings are provided

3. Engineer: 3.1 The Authority has designated the Director of Capital Programs and

Environmental Affairs or designee to perform the duties of the Engineer for this Contract.

4. Commencement and Completion of Work: 4.1 The Contract duration shall be for 730 calendar days commencing upon the date

of the Notice to Proceed. 4.2 For each individual Work Order, the Contractor shall commence work within two

calendar days after the date of issuance of a Work Order unless otherwise directed by the Engineer and shall complete the work fully and acceptably within the duration allotted in the Work Order.

4.3 For emergency work, the Contractor shall be capable of responding to the work site within two hours upon notification from the Engineer. The Engineer will determine when an emergency condition exists.

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5. Contract Time Extension: 5.1 This Contract requires an indefinite quantity of work and is subject to the time

and compensation limitations as outlined in the Contract Documents. In the event that the scheduled term of the Contract is reached and the full Contract amount has not been expended, the Contract term may be extended for up to 12 months, as determined by the Authority, unless the Authority, at its sole discretion, decides not to exercise this option. All unit prices, including labor rates, shall remain at the bid prices for the extended term.

6. Liquidated Damages: 6.1 If the work shall remain uncompleted after the time specified above for the

completion of the work as indicated in each Work Order or after any authorized extension of such stipulated time, the Contractor shall pay to the Authority the sum of $500.00 per calendar day for each and every day that the Contractor is in default in completing the work.

7. Minimum Wage Rates: 7.1 The minimum wage rates to be used for this Contract are shown on the schedules

included in Appendix A, Wage Rates and Reporting, at the end of Division II. In the event of conflict between the schedules for any classification, the greater amount for the classification shall prevail as the minimum wage rate. If the Contractor, during the progress of the work, requires a minimum wage rate for some additional classification, a request shall be made to the Authority, who in turn will obtain the additional classification and corresponding minimum wage rate from the State Department of Labor and Industries and advise the Contractor of the same. On multi-year contracts, the Authority requests and issues revised minimum wage rates from the State Department of Labor and Industries. These additional classification and minimum wage rates are then to be considered a part of the Contract and the Contractor shall have no claim for additional compensation because of the additional classification and minimum wage rates.

8. Material Substitution: 8.1 Where products or materials are specified by the manufacturers' name, or catalog

reference, the words "or approved equal" shall be understood to follow. An item shall be considered equal to the item so named or described if: 8.1.1 It is at least equal in quality, durability, appearance, strength and design. 8.1.2 It performs at least equal to the function imposed by the general design

for the work. 8.1.3 It conforms substantially, even with deviations, to the detailed

requirements for the item as indicated by the Specifications. 8.2 The Contractor's proposal however, shall be based on the use of any products or

material specified, and where two or more products or materials are specified, the choice of these shall be optional with the Contractor.

9. Shop Drawings, Samples, and Product Data: 9.1 The Contractor shall review, verify, approve and submit, with reasonable

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promptness and in such sequence as to cause no delay in the work or in the work of the Authority or any separate Contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents and/or the Engineer.

10. Guarantee of Materials and Workmanship: 10.1 All materials, services, equipment and workmanship furnished shall be

guaranteed for a period of one year after the date of acceptance unless otherwise specified elsewhere in the Contract Documents. All work rejected must be redone at the Contractor's expense.

11. Fire Safety Procedures: 11.1 Prior to the use of any type of burning, soldering, open flame, or welding

operations, the Contractor shall justify to the Engineer and Resident Engineer of the need to conduct such operation. If the Engineer or Resident Engineer approves the need, the Contractor must then obtain the permission of Massport Fire Department and adhere to all procedures including obtaining permits, daily notifications and notifications to the Massport Fire Marshall if so required, before undertaking any operations.

11.2 The storage of fuel for equipment shall be in an area designated by the Authority. All fuel storage tanks and containers must be installed and maintained in full compliance with all State Codes and Fire Prevention Regulations, in particular, Fire Prevention Regulation 527 CMR 9.00, which addresses Fuel Storage Tanks and Containers and applicable NFPA Codes, especially NFPA 30. No fuel storage shall be permitted within 25 feet of any combustible material, including construction storage trailers, office trailers, equipment, and stored materials. The fuel shall be kept in above ground containers approved for use by the Massport Fire Rescue Department. All tanks and containers shall be clearly marked with approved DOT Hazard Placards, "No Smoking" and "Flammable" signs as well as product identification signs that indicate the type of fuel stored.

11.3 The Authority-approved 20-pound ABC dry chemical type fire extinguishers shall be maintained in working order at each work site. If project is Airside, BC dry chemical type fire extinguishers shall be provided.

11.4 No flammable gases, including but not limited to, propane, acetylene, hydrogen, etc., are to be kept in storage unless appropriate permits for same are issued by the Massport Fire Rescue Department.

11.5 The Contractor shall adhere to the requirements of the MPA Fire Department regarding all issues of fire safety and public protection including but not limited to burning and welding, equipment and fuels for temporary heating, handling and storage of compressed gases, fire lanes and access, storage of flammable liquids, etc.

11.6 The Contractor shall adhere to the MPA Fire Department requirements for all

permits, notifications, safety measures including fire extinguishers, fire watches and paid fire details, throughout the work as required.

11.7 Adherence to the MPA Fire Department requirements as outlined above shall be

at the Contractor’s expense.

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11.8 Fire Lanes – Fire lanes to and from building areas are to be established and kept clear at all times. Fire lanes are not to be blocked by vehicles, storage dumpsters, etc. Surface travel areas within a designated fire lane must be capable of supporting and withstanding live loads of responding fire apparatus in all weather conditions. In addition, fire lanes must be kept free of snow and ice accumulations in the winter months.

11.9 Excavations – Prior to any and all excavation work, Masport

Engineering/Facilities must be contacted regarding utility distribution systems. In addition, established Massachusetts Dig Safe Procedures and Requirements must be complied with in full.

11.10 Construction Dumpsters – Construction dumpsters must be located away from

adjacent building areas, particularly away from any windows, doors or roof overhang areas. Dumpsters are not to block fire lanes, fire hydrants, fire department sprinkler connections, exterior exit doors, fire escapes, etc. Trash will not be permitted to accumulate on or around the exterior of a dumpster. Dumpsters are to be kept closed at all times.

11.11 Outside Storage – Outside storage areas and staging equipment must not block

fire lanes, fire hydrants, Fire Department sprinkler connections, exterior doors, access to emergency equipment, etc.

11.12 Fire Hydrants – Fire hydrants are to be kept clear and accessible at all times. No

parking is permitted within a 20-foot diameter of a hydrant. Fire Hydrant use by contractor is strictly prohibited unless permission for use is authorized by the Boston Water and Sewer Commission and the Massport Fire Department. Appropriate procedures for use of same must be complied with in full.

11.13 Maintenance of Exits – All exits within or adjacent to construction areas are to be

maintained free and clear of any and all obstructions that may hinder or restrict exiting.

11.14 Fire Extinguishers – Fire extinguishers are to be readily available throughout the

entire construction area. Fire extinguishers are to be properly maintained and inspected, and be readily visible with travel distance to an extinguisher not exceeding 75 feet. To verify its serviceability, an extinguisher must be equipped with an Inspection Data Tag indicating its last date of inspection, as well as the Inspection Firm’s Certificate of Registration number as issued by the Massachusetts State Fire Marshall’s Office.

11.15 Code Compliance – All construction, alteration, and demolition work must be

accomplished in full compliance with all applicable provisions and requirements of the Massachusetts State Building Code, State Fire Prevention Regulations, and all applicable National Fire Protection Association Codes and Standards, particularly NFPA Standard 241, which addresses Construction, Alteration and Demolition Operations. In addition to the above, all OSHA codes, Standards and Regulations governing Construction Activities and Worker Safety must be complied with in full.

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12. Identification of Equipment: 12.1 All electrical, mechanical and HVAC equipment shall be properly identified

including manufacturer's nameplate, serial number, model, capacity, size, etc., as appropriate for the equipment. The Contractor shall also furnish the manufacturer's operating instructions and preventive maintenance manual and recommendations.

13. Insurance: 13.1 The Contractor's attention is directed to Division I, Article 46 of these

Specifications, pertaining to the specific requirements for insurance. 13.2 For Insurance purposes, the site of work and/or the project site includes not only

the limited physical work areas involved but also certain other areas of operations set up for utility, sanitary, electrical, water, pollution control, disposal and cleaning purposes; to furnish materials for the work including storage and stock pile areas and all routes between and among them.

13.3 NOT USED 13.4 The insurance specified under Division I, Article 46A, paragraph 3.a.ii, is

changed as follows: ii. “General Aggregate Limit $1,000,000” 13.5 The insurance specified under Division I, Article 46B, paragraph 1, is changed as

follows: “Contractor shall provide a Business Auto policy with a minimum limit of $1,000,000, Each Accident for owned, non-owned, and hired vehicles.”

All Automobile Liability Insurance Coverage shall (a) be written on an occurrence basis, (b) include Owned, Non-Owned and Hired Car coverage for all vehicles used in connection with the Project by the Contractor, each of its Subcontractors, and Vendors (as hereinafter defined), and (c) include a blanket contractual liability endorsement covering all liabilities assumed by the Contractor under the Contract Documents, including without limitation the Contractor’s obligations under the indemnification provisions of the Contract Documents. The required Automobile Liability Insurance limits may be satisfied by a combination of a primary policy and an excess or umbrella policy. For purposes of this Section, Vendors (a) shall collectively refer to vendors, suppliers, material persons, owner/operators, and firms whose sole function is to transport materials, supplies, tools, equipment, parts or other items to or from the Project worksite, and (b) shall not be considered Subcontractors as defined in Division 1, Article 1.

13.6 The Authority shall be named as an Additional Insured on all policies of liability insurance.

13.7 In the event the Contractor should discover asbestos during the course of construction, work in that area shall be stopped immediately and the Authority advised of the condition. All asbestos removal will be done by the Authority under separate contract.

13.8 The insurance specified under Division I, Article 46D, is not required under this contract.

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13.9 The insurance specified under Division I, Article 46E, is not required under this contract.

13.10 Workmen's Compensation Insurance is amended by insertion of the following after the first paragraph:

The work hereunder is to be performed in or near navigable water, docks, piers and waterfronts of the United States; therefore, endorsement shall be provided by the Contractor's Workmen's Compensation policy, compensation in respect to disability or death of any employee under the United States Longshoremen's and Harbor Workers' Compensation Act if recovery for such disability or death through Workmen's Compensation proceedings may not validly be provided by the state law.

13.11 For any work performed on the water using any type of watercraft including work boats, barges or other floating work platforms, Contractors and Subcontractors shall provide a Protection and Indemnity insurance policy covering liability for injury or damage to persons and property of others with a combined single limit of a minimum of $1,000,000 written on an occurrence basis.

14. Restriction on the Use of Grounds: 14.1 The Contractor shall confine its operations to the actual work sites, access routes

and storage areas designated by the Authority's Facility Maintenance Office or by its designee.

14.2 The Contractor shall confine its operations to the actual work sites, access routes and storage areas designated by the Authority.

14.3 The Contractor shall have sole responsibility for providing all materials, equipment, or tools and any storage required will be at the Contractor's own risk. The Authority will not assume responsibility for any loss of materials, equipment, or tools stored on its property.

14.4 All roads and haul routes used by the Contractors shall be maintained and kept clean during the course of the work. Any damage to existing surfaces, caused by the Contractors operations shall be repaired and the areas involved restored to their previous condition, without cost to the Authority.

14.5 The Contractor is responsible for controlling dust at all times during this Contract, including all work shifts, non-working hours, weekends and holidays. 14.5.1 Fugitive dust shall be controlled through wetting, sweeping and other

suppression techniques. Contractor shall maintain on-site water trucks. Trucks hauling materials and excavate shall be covered.

14.5.2 If required by the Engineer, designated wash-down areas shall be established by the Contractor on site for the control of dust tracking from vehicles leaving the site. All trucks or other vehicles leaving the site shall be hosed and washed clean of mud clinging to the wheels.

14.6 Contractor may be required to reposition construction lights that interfere with the vision of aircraft pilots and motorists.

14.7 Contractor's construction equipment and clearly marked company vehicles shall

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be parked in designated areas only. 14.8 Contractor shall keep the Work area clean and swept in order to minimize foreign

object debris.

15. Vehicle Traffic Control and Access at Logan Airport: 15.1 The Contractor is advised that vehicles, subcontractor's vehicles and supplier's are

restricted from using Neptune Road, Maverick Street, Porter Street, or other local roads for travel to and from Airport. This regulation will be enforced and the Contractor shall so notify the appropriate parties.

15.2 All vehicles, storage of materials and debris, and the operations of the Contractor in connection with the activities under this Section shall be confined to limits defined by the Engineer, in concert with the Facility Manager.

15.3 No arrangements for parking of personal vehicles will be made and employees are encouraged to take public transportation. Arrangements for temporary storage or parking of Contractor's trucks, cranes and other vehicles must be made through the Authority's Facilities Manager.

15.4 Contractor shall arrange for, provide and maintain, for all safety barricades, temporary work enclosures and posting of safety/hazard signs in the work areas.

15.5 The work shall be conducted in a manner that will not interrupt or interfere with daily operations of the Authority, the building's tenants or with the orderly and safe passage of the general public.

15.6 All Contractor and Subcontractor diesel-powered non-road construction equipment with engine horsepower (HP) ratings of 60 HP and above, which are used on the project for a period in excess of thirty days, shall be retrofitted with Emission Control Devices, in order to reduce diesel emissions. In addition, all motor vehicles and construction equipment shall comply with all pertinent local, state and Federal regulations covering exhaust emission controls and safety. 15.6.1 The reduction of emissions of volatile organic compounds (VOCs),

carbon monoxide (CO) and particulate matter (PM) from diesel-powered equipment shall be accomplished by installing Retrofit Emission Control Devices.

15.6.2 The acceptable Retrofit Emission Control Devices for the project shall consist of oxidation catalysts that (1) are included on the Environmental Protection Agency (EPA) Verified Retrofit Technology List and (2) are verified by the EPA or certified by the manufacturer to provide a minimum emissions reduction of 42% for VOCs, 31% for CO and 23% for PM. Attainment of the required reduction in PM emissions can also be accomplished by using less polluting Clean Fuels (e.g., PuriNOx).

15.6.3 The reduction of emissions of nitrous oxide (NOx) and particulate matter to the atmosphere shall be accomplished by using diesel fuel with a sulfur content not to exceed 15 ppm (parts per million) in all construction equipment.

15.6.4 Construction shall not proceed until the Contractor has submitted a

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certified list of the non-road diesel-powered construction equipment that will be retrofitted with emission control devices. The list shall include (1) the equipment number, type, make and Contractor/Subcontractor name and (2) the emission control device make, model and EPA verification number. The Contractor shall also identify any vehicles that will use Clean Fuels. Equipment that has been retrofitted with an emission control device shall be stenciled or otherwise clearly marked as "Low Emission Equipment."

15.6.5 The Contractor shall submit monthly reports, updating the same information stated above, including the quantity of Clean Fuel utilized. The addition or deletion of non-road diesel equipment shall be indicated in the report.

15.6.6 In addition to installing the required emission control devices, the Contractor shall use methods to control nuisance odors associated with diesel emissions from construction equipment, including without limitation the following: (1) turning off diesel combustion engines on construction equipment not in active use and on trucks that are idling for five minutes or more, while waiting to load or unload material (2) locating diesel equipment away from the general public and sensitive receptors (e.g., fresh air intakes, air conditioners and windows) and (3) utilizing electronically-powered scissors/man lifts.

15.6.7 Any costs associated with implementing the dust controls and diesel equipment emissions controls as specified in this Section shall be included in the general cost of the Contract.

15.6.8 All motor vehicles used wholly or in part within the Commonwealth by the Contractor or any Subcontractor, or by any persons directly or indirectly employed by him/her or them in the execution of the Contract, either shall be registered in the Commonwealth of Massachusetts and bear Massachusetts registration plates, or shall be operated under a permit issued by the Registrar of Motor Vehicles in accordance with the provisions of Chapter 90 of the General Laws and 520 C.M.R. 6.00, and amendments thereto. Any person operating a vehicle for the contractor shall be properly licensed. This may include, but is not limited to a state issues driver’s license, a state issued commercial driver’s license (CDL) with appropriate endorsements or a hoisting engineer’s license.

15.7 Access and Security: Access to the construction area will be as directed by the Authority.

15.8 For the duration of the work the Contractor shall provide as a minimum one vehicle and driver to escort all other vehicles to and from the North Gate and the work site. Escorts shall be available at all times and the vehicle be properly equipped with dome lights as required by the Authority and the driver shall be trained and able to obtain a security badge as further described in this Division II.

15.9 Security at Logan is extremely important and should not be treated indifferently by the Contractor. The State Police and the Authority will strictly enforce all rules and regulations.

15.10 Any Contractor not conforming to these requirements will be considered in direct

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violation of the FAA approved Logan International Airport Security Program and the work will be stopped until approval is given by the public safety officer to once again start. No time extension for the contract will be given any consideration for extra cost claims relative to security violations. It is the responsibility of the Contractor to instruct, monitor and supervise work staff so that this condition never occurs.

15.11 Access from the public street to the Contractor's work area permits entry of vehicles to aircraft pavement, which will be in use as required for the normal operation of the airport. It is necessary that the Contractor maintain tight control of all vehicles entering the airport destined for or leaving the work area.

15.12 Security measures at the airport require that the Contractor remove all vehicles and equipment from the airport upon the completion of work each day. Contractor employee and personal cars will not be permitted within the secured areas of the airport. The Contractor, as a subsidiary obligation, shall provide adequate and safe transportation for employees.

15.13 Drivers of work vehicles shall be instructed as to proper access roads and shall be cautioned that unauthorized use of aircraft pavements or other areas outside the designated work area may lead to their arrest and subsequent payment of fines.

15.14 The Contractor shall assure that, all vehicles, without permits, needing to enter the airfield for construction purposes are escorted by approved escort vehicles to the work area. The Contractor shall provide adequate security, adjacent to the North or South Gate, to properly identify, regulate and escort all construction vehicles during all work hours. Costs incurred by the Contractor for the above shall be considered incidental to the various project items of the Contract. All orders for material shall instruct the supplier of the procedures to be followed.

15.15 All vehicles and workers destined to or from the North Gate from the work area shall be escorted by a Contractor's vehicle specifically assigned for the purpose.

15.16 The Contractor shall submit to the Engineer along with a written method of operations detailing the precautions proposed for the control of vehicle traffic. No work shall start until this operations plan when requested by the Engineer is approved by the Authority's Capital Programs Department and Aviation Operations Department. No contract time extensions or claims for extra costs will be allowed because of the Contractor's inability to get approval for this operations plan.

15.17 If any of the Contractor's employees violate the airport's security or driving rules and regulations, they will be cited by the Authority, and the employee may be arrested, fined and banned from the airport secured areas for the duration of the project. Because of this action, if there are any delays in the Contractor's work schedule, the Authority will not consider any time extensions or claims for extra costs.

15.18 If more than two employees are banned from working on the secured areas of the airport, then the work will be subject to shut down until the Contractor can prove to the Public Safety Officer that the employees have been retrained to work safely within the rules and regulations of the Authority. No time extensions or claims for extra costs will be considered by the Authority for this type of delay caused by the Contractor's forces. It is the Contractor's responsibility to properly instruct, and to

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assign responsible employees to this project who take direction, are courteous to the Authority staff operating the airport and recognize the importance of working safely within the secured areas of the Airport.

16. Occupational Safety and Health Regulations: 16.1 The Contract Documents are to be governed, at all times, by applicable federal,

state and local law, rules and regulations, including but not limited to, the latest amendments of the following:

16.1.1 William-Steiger Occupational Safety & Health Act of 1970, Pub. Law 91-596.

16.1.2 Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations.

16.1.3 Part 1518-Safety and Health Regulations for Construction, Chapter XIII of Title 29, Code of Federal Regulations.

16.2 The Contractor shall designate a responsible member of its on-site staff as a Competent Safety Person among whose responsibilities shall be the administration of the Contractor’s occupational safety and health program. The Competent Person shall be capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, the public and the environment. Further, the Competent Person shall have the responsibility and authorization to take prompt corrective measures to eliminate those conditions.

16.3 The Contractor shall submit qualifications of the Competent Safety Person, including any designated alternate(s), in writing to the Authority’s Project Manager for approval by the Massport Safety Unit prior to the start of any of the Work. The Competent Safety Person and any designated alternate(s) shall not be changed without the prior written approval of the Authority’s Project Manager. During the prosecution of the Work, the Authority reserves the right to direct the Contractor to replace the Competent Safety Person in its sole discretion and at no additional cost to the Authority.

16.4 The Contractor shall develop and submit to the Authority’s Project Manager a Site-specific Project Safety Plan. The Project Safety Plan shall describe specific safe-work procedures for the Work that the Contractor is expected to perform. The Project Safety Plan shall discuss pre-shift meetings and Safety Huddles and address participation, expectations and compliance. For example, if excavations are expected, the Project Safety Plan shall describe in detail the safe-work procedures that the Contractor will implement to ensure employee safety during excavation work. The Project Safety Plan shall be maintained on-site. It shall be updated as conditions change on the project, best safety practices change or new technology becomes available.

16.5 The Project Safety Plan shall meet or exceed the aforementioned legal

requirements, including but not limited to the Occupational Safety and Health Act of 1970, as amended (“OSHA”).

16.6 The Contractor and all sub-contractors shall immediately report all personal injury, property damage, chemical spills, fires, and crane, automobile or mobile

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equipment vehicle accidents to the Authority Engineer or their designated representative. This shall not obviate any mandatory reporting required under OSHA. The Contractor shall investigate any accident; analyze causes and implement corrective actions to eliminate similar incidents. A completed Contractor accident investigation report shall be forwarded to the Authority Engineer within 48 hours of the time of the accident.

16.7 In accordance with Massachusetts General Law Chapter 30, sec. 39S, all Contractors that are awarded a bid for more than $10,000.00 must certify that all employees to be employed at the worksite have successfully completed a 10-hour course in construction safety approved by the United States Occupational Safety and Health Administration (OSHA), referred to as the OSHA 10 course. In order to demonstrate compliance, the Act requires persons to submit documentation of successful completion of the OSHA 10 course with the submission of the first prevailing wage certified payroll report (CPR) for each employee. All employees must carry their OSHA 10-Hour Card when on the project site. Any employee found on the construction site without proof of successful completion of the OSHA 10 training may be removed from the worksite.

16.8 The contractor shall ensure that each newly-hired employee of the Contractor or Sub-Contractor attends a safety orientation session prior to starting Work on the Authority Site. This orientation shall describe the scope of the work he or she will perform, the Contractor’s Project Safety Plan, Emergency Procedures and Notifications and applicable laws and requirements. The Contractor shall have documentation available on-site confirming each worker’s attendance.

16.9 Contractor and sub-contractors performing work on Massport property shall have an inventory of hazardous materials which may be brought on site, a material safety data sheet (MSDS) for each chemical on the inventory, a description of the labeling system in use, a clear explanation of the potential hazard(s) inherent to the project, and protective measures to be taken and the safe handling procedures to be used. These items will be maintained onsite for review by Authority Personnel.

16.10 The Project Safety Plan shall require toolbox safety meetings to be held on a weekly basis. The topics of toolbox safety meeting shall be relevant to the work being performed on the project. The toolbox meetings shall be documented by the Contractor’s Competent Safety Person and shall be available for review by the Authority at any time.

16.11 The contractor shall continually inspect their work areas to consistently ensure

that adequate safety and loss prevention compliance has been planned for each job task and that all site employees are complying fully with the Contractor's job safety requirements. All newly identified site hazards, or hazards created by contractor work shall be reported to the Project Engineer.

16.12 All employees of the Contractor, Subcontractors and all other persons entering

onto Massport property in connection with the work shall wear (100% utilization): hard hats, safety glasses with side shields, proper work shoes and proper work clothing. Contractors must assess the workplace for existing and potential hazards to which employees may be exposed during routine and non-routine work tasks to minimize employee exposure to hazards and reduce

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employee injuries. After performing a Personal Protective Equipment (PPE) assessment, the Contractor shall provide such personal protective equipment and safety equipment for all affected Contractor employees. Additional items may include: high visibility clothing when exposed to any vehicle traffic, hearing protection devices, respiratory protection devices, fall protection devices, temperature protection equipment, hand protection equipment, life-lines and safety harnesses, full-face protection devices, special illumination equipment, U.S.C.G. approved life jackets when working over/near water or any other special equipment/devices required to be worn in their work. If a contractor chooses to utilize PPE then they shall ensure the equipment is provided, used, and maintained in a sanitary and reliable condition wherever it is necessary. Employees shall be aware of how to select appropriate PPE, wear, maintain, and store PPE and know the limitations of the PPE they are using.

16.13 As outlined in the Executive Director’s Memorandum 03-06, Except as specifically authorized by the Authority, a person on the Ramp or Apron Area at Logan Airport shall wear, over his/her outermost garment, an ANSI Type 2 standard high visibility reflective vest. Reflective vests that have reduced reflectivity due to age, wear or soiling must be replaced immediately.

16.14 All Contractor and all Subcontractors (of any trade) working on Massport Property shall utilize one hundred percent fall protection for all Work at elevations of six (6) feet or more. Contractors must provide, as a part of the Project Safety and Health Plan, a specifically designed fall protection plan to ensure that each employee is protected from falls and are trained and understands their responsibility regarding fall protection guidelines. A conference shall take place prior to starting work involving all members of the crew and supervisors of any other concerned contractors. During the pre-work conference, procedures and sequences pertinent to this job will be thoroughly discussed and safety fall protection practices to be used throughout the project will be specified. All personnel will be informed that the controlled access zones are off limits to all personnel other than those designated and specifically trained to work in that area.

16.15 Contractors and/or Sub-contractors who perform work in confined spaces on Massport property shall certify in writing that all work will be performed in compliance with the requirements of OSHA standards and this Massport Confined Space Entry Policy. It is the policy of Massport to eliminate, whenever possible all confined space hazards in order to reclassify a Permit-required confined space to a Non-permit confined space. It is the responsibility of each Contractor and/or Sub-contractor to: maintain communication with emergency response personnel, provide confined space training to their employees and sub-contract employees, provide required entry equipment including: flashlights, multi-gas meter(s), escape respirators tripods, etc., communicate with the Authority’s Project Engineer, arranging meeting dates, times, locations and methods of contact, identify communication with entrants using radios, cellular phones, etc. or manually by human relay, coordinate with Massport to identify the equipment taken out of service, unique restrictions, and known changes to the environment impacting the confined space to be entered, and contact the project manager when the confined space permit is closed.

16.16 In accordance with Massachusetts General Law Chapter 520, sec. 14.00 all contractors shall obtain a permit prior to the excavation of a trench made for a

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construction-related purpose. Massport has its own trench permitting requirements. The Massport Trench Permit Application can be found in Appendix C. In addition to the permitting requirements mandated by statute, the trench safety regulations require that all excavators take specific precautions to protect the general public and prevent unauthorized access to unattended trenches. Accordingly, unattended trenches must be covered, barricaded or backfilled. Covers must be road plates at least ¾” thick or equivalent; barricades must be fences at least 6’ high with no openings greater than 4” between vertical supports; backfilling must be sufficient to eliminate the trench. Alternatively, excavators may choose to attend trenches at all times, for instance by hiring a police detail, security guard or other attendant who will be present during times when the trench will be unattended by the excavator. Massport, the Department of Public Safety, or the Division of Occupational Safety may order an immediate shutdown of a trench in the event of a death or serious injury; the failure to obtain a permit; or the failure to implement or effectively use adequate protections for the general public.

16.17 The Contractor Superintendent(s), Assistant Superintendent(s), Resident Engineer(s), Safety Personnel, Trade Superintendent(s) and Foremen shall meet prior to the start of the work shift to discuss project safety. Trade Superintendent(s) and Foremen shall come to the meeting prepared to explain the work they intend to perform during the shift. This meeting is to identify potential conflicts of trades working in the same location. The meeting will discuss: how to report a Safety incident, the location of emergency muster areas, controlled access zones, impacts around the site, road closures, impacts that could affect other trades or the traveling public. Prior to the start of the shift the Trade Superintendents and Foremen who attended the pre-shift meeting will conduct a “Safety Huddle” with all its workers. The topics shall mimic the items addressed above, with the foreman communicating to the trade workers pertinent information related to the specific daily site work. The pre-shift meetings and Safety Huddles shall be documented by the Contractor’s Competent Safety Person and shall be available for review by the Authority at any time.

16.18 Notwithstanding any provision in this Section, the Contractor shall be solely

responsible for compliance with all applicable federal, state and local laws, rules and regulations pertaining to project safety and to the health and safety of all persons on the Site during the prosecution of the Work under this Contract.

17. Information and Coordination:

17.1 The Contractor shall obtain detailed information from the manufacturers of materials and equipment, which is to be furnished and/or installed as to the proper method of installing and connecting same. The Contractor shall also obtain all information, which may be necessary to facilitate the work and the completion of the whole project. The Contractor shall keep fully informed, as to size, shape and location of all openings required for the equipment and shall give full information to other Contractors. Confer with all other trades relative to location of all materials and equipment to

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be installed and select locations so as not to conflict with work of other Sections. Any conflicts shall be referred immediately to the Engineer. All work and materials placed in violation of this clause shall be readjusted to the Engineers satisfaction at no expense to the Authority. The Contractor shall refer to all drawings for a full comprehension of the extent and detail of the work to be performed. These drawings are complementary with the specification, and any work indicated, mentioned or required in either is considered as specified by both. Wherever conflicts occur between materials and equipment to be installed by any of these Contractors, they shall be adjusted prior to proceeding with the installation of work to the approval of the Engineer. All coordination efforts will NOT be for any extra compensation.

18. Visit to Premises: 18.1 Examination of the site and pertinent existing buildings shall be made by the

Contractor, who shall compare it with the contract drawings and specifications, to determine the exact amount of work including that to be removed, altered and/or reconnected. The Contractor shall be satisfied as to the condition under which the work is to be performed and gain complete knowledge of the scope of the work to provide for a complete and operable system. No allowances shall subsequently be made for any extra expense to which the Contractor may be accountable due to failure to make such examination and to include the required materials and labor in the bid.

18.2 The Contractor will be held to have examined the premises before submitting the proposal for the work and to have knowledge as to the existing conditions under which the work is to be accomplished. Should the Engineer deem it prudent or necessary to provide a site condition walk-through, (s)he shall notify the Contractor.

19. Security Identification Requirements: 19.1 Please refer to Appendix D attached hereto, entitled "Security Badge Program

Policies and Procedures" Logan International Airport, East Boston, Massachusetts.

19.2 Please refer to Appendix D attached hereto, entitled "Maritime Security Badge Process and TWIC Security Identification Process" for Massachusetts Port Authority maritime properties: Conley Terminal and Black Falcon Cruise Terminal. Terminal Personnel will not be available to provide escorts for Contractor or material suppliers personnel. All Contractor’s employees shall acquire the required Transportation Worker Identification Credential (TWIC) and Massport Maritime Security Badges prior to the start of work. If escorts are required, the Contractor shall hire at no additional cost to the Authority a Massport Police Detail.

20. Construction Waste Management: 20.1 The Contractor shall comply with the Massachusetts Construction and Demolition

(C&D) Materials Waste Bans in accordance with 310 CMR 19.017. As of July 1, 2006, construction and demolition materials including asphalt pavement, brick, concrete, metal, and wood are banned from disposal at solid waste facilities. The

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Contractor shall report to Massport Environmental Management Unit the total tonnage of C&D waste disposed of and total tons recycled every month during work under this Contract. Please refer to the Appendix attached hereto, entitled “Recycled Materials Monthly Report”. To locate C&D Processing Facilities in Massachusetts, please refer to MassDEP’s web page at: http://www.mass.gov/dep/recycle/solid/swfacil.htm. See the list titled Active Handling Facilities and Transfer Stations.

21. Reimbursement, Work Orders, and Method of Payment for Term Contracts:

21.1 Contractor shall submit Work Orders in such detail as the Authority may reasonably require and as a minimum must show the classification of the individuals scheduled to perform the work, the dates and hour the work will be performed and description and location of services to be provided. It should identify a general listing of the pay items and approximate quantities to be used. Work Order forms can be found in Appendix B. The forms must be filled out and legible so that the Authority Facility Manager and the Engineer can sign each Work Order prior to starting any work. (Note: Emergency work requires a signed Work Order within 48 business hours of start of work.) Signing a Work Order authorizes the work, only. Payment will be based on quantities measured and accepted by the Engineer. The Contractor shall not be reimbursed for providing estimates for individual Work Orders. This is considered to be part of the Contractor’s administrative burden.

21.2 The Contractor shall supply and complete a Daily Log stating the time spent and labor and materials used and have it verified and signed by an authorized Authority staff person. A log for each visit to an Authority facility shall be filled out and signed at the end of each day’s work.

21.3 At the completion of each Work Order, the Contractor shall supply and complete a Certificate of Completion and have it verified and signed by an authorized Authority staff person. Note: The Work Order and Certificate of Completion are included in a single form that the Contractor is required to complete for all work performed.

21.4 The following MPA forms must accompany each Contractor’s Payment Requisition and Certification for Payment:

• Term Contractor Work Order/Certificate of Completion

• Term Contractor Work Order Daily Log The Payment Requisition and all Work Order/Certificate of Completions and Daily Logs, are submitted to the Term Contract Project Manager. These forms can be found in Appendix B, Term Contract Work Order and Payment Forms.

21.5 Payment will not be made if Work Order/Certificate of Completion forms and Daily Logs do not contain the approval signature of an authorized representative of the Authority and the Contractor.

21.6 Contractor shall keep records pertaining to services provided in accordance with generally acceptable accounting principles. In the event the Authority should

http://www.mass.gov/dep/recycle/solid/swfacil.htm

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dispute an invoice, the Contractor’s records pertaining to a disputed invoice shall be made available to the Authority or its authorized representative for its review.

21.7 Contractor shall be reimbursed for the cost of all work required by the Contract Documents and set forth in a Work Order, including work which is reasonably inferable from the Contract Documents or Work Order, as directed by the Authority on an as-needed/on-call basis. Full reimbursement shall be based on the rates bid or, where pay items cannot be used, labor, materials and equipment to be measured and paid as indicated below. In those instances where required materials are purchased and not included in a pay item, reimbursement shall be in accordance with paragraph 21.7.1 below. The cost for rental of specialized equipment not otherwise owned by the Contractor and authorized by the Authority shall be reimbursed in accordance with paragraph 21.7.2 below. Where the use of a sub-contractor is required and approved by the Authority, reimbursement shall be made in accordance with paragraph 21.7.3 below. Authority payment of the rates bid shall be full compensation to Contractor for the cost of labor, including all fringe benefits and proper supervision; all specified materials included in an individual pay item; all associated tools, equipment, machinery, appliances, and incidentals; all travel time, transportation and delivery costs; all costs associated with applying for and maintaining security badges for all facilities; all Contractors overhead, general administration, insurance, bonds, profit, and all other costs reasonably associated with the work. The hourly labor rate starts or ends at the time the Contractor arrives at the site, signs in or out for each issued Work Order. Travel time to and from Logan Airport or any Maritime facility is not allowed and will not be included or paid for under this Contract. Travel time to and from Hanscom Field shall be compensated as an allowance of 45 minutes for each way and to and from Worcester Airport as an allowance of one hour each way. These allowances shall be included as time worked and shall be considered full compensation for all travel costs. INVOICES SHALL SHOW BREAKDOWN OF ALL HOURS WORKED AND ALL MATERIALS USED. INVOICES SHALL BE ACCOMPANIED BY WORK ORDERS, CERTIFICATES OF COMPLETION AND DAILY LOGS FOR EACH WORK REQUEST. CONTACTOR SHALL ATTACH MATERIAL RECEIPT(S) TO EACH WORK REQUISITION SUBMITTED FOR PAYMENT. 21.7.1 A mark-up of twelve and one-half percent (12 ½%) will be paid for the

purchase of all required materials by an Authority-issued Work Order, upon installation of the materials and the Authority’s acceptance of the work as completed. CONTRACTOR SHALL ATTACH THE ORIGINAL MATERIAL SUPPLIER’S BILLS FOR THE MATERIALS PURCHASED TO EACH INVOICE SUBMITTED FOR PAYMENT.

21.7.2 A mark-up of seven and one-half percent (7 ½%) will be paid for the rental of specialized equipment that was identified and authorized by an Authority-issued Work Order, upon the Authority’s acceptance of the work as completed. CONTRACTOR SHALL ATTACH THE

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ORIGINAL SUPPLIER’S BILLS FOR THE AUTHORIZED SPECIALIZED RENTED EQUIPMENT TO EACH INVOICE SUBMITTED FOR PAYMENT. No additional allowance shall be made for so-called accessories, including but not limited to buckets, blades, power units and the like, or for fuel and maintenance costs. Daily rates will be used on a broken-time basis for the actual hours worked (with no down-time paid for), unless in the opinion of the Engineer such work is of such length as to require use of the machinery, trucks or equipment on a weekly or monthly basis, in which case weekly or monthly rates shall be used. The Authority shall not, in any event, pay more than the current rates listed in the Rental Blue Book for Construction Equipment, published by Primedia Business Directories and Books Group plus the mark-up indicated above. No allowance shall be made for general superintendence and the use of small tools, incidental items, consumables and manual equipment.

21.7.3 A mark-up of seven and one-half percent (7 ½%) will be paid on Sub-contracted work that was identified and authorized by an Authority-issued Work Order, upon the Authority’s acceptance of the work as completed. CONTRACTOR SHALL ATTACH THE ORIGINAL SUB-CONTRACTOR’S INVOICES FOR THE AUTHORIZED SPECIALIZED WORK TO EACH INVOICE SUBMITTED FOR PAYMENT.

21.8 Labor provided shall be thoroughly skilled and knowledgeable in their trade of work. Substandard or defective work performance by persons provided by the Contractor shall be grounds for rejection of invoices submitted for reimbursement; until such time that the repair work is corrected to the Authority’s satisfaction.

22. Working Hours:

22.1 Work shall be performed during the normal working hours of the Authority, 7:00 A.M. - 4:30 P.M., unless previous permission has been granted by the Authority to vary these hours.

22.2 The Contractor shall perform all work so as to reduce noise and minimize interference with building operations and tenants.

22.3 Under special circumstances, where work cannot be performed during normal working hours, the Contractor's services may be required on weekends and holidays or at such other times as may be required by the Authority, including emergency situations.

22.4 Should labor services be required and authorized by the Authority during weekends, holidays or at such other times necessitating the payment of overtime rates, the established Contract unit hourly rate shall be adjusted accordingly by one and one-half times the specified hourly labor rate, or, as required by signed Union agreement/contract.

MPA MP1803-C1 II-18

23. Smoking Restrictions: 23.1 No person shall smoke or carry lighted cigars, cigarettes, pipes, matches or any

open flame in any place where smoking is specifically prohibited by signs, upon any open space within fifty feet of any fuel servicing vehicle which is not in motion, or other place at the Airport under such circumstances as may or might be likely to endanger persons or property. Smoking is not permitted by the Contractor, his Subcontractors or his staff.

24. Security of the Work Site:

In accordance with Contract Specifications, Division I, General Requirements and Covenants, Article 43, all Contractors and Subcontractors are required to comply with the security provisions provided below. The following security provisions shall be enforced for this particular construction project:

24.1 Report anything suspicious to the appropriate authorities. (At Logan Airport:

State Police: 617-568-7300. At Maritime Facilities: Port Police 617-464-8250, US Coast Guard 617-223-3000, MA State Police/Boston Police/Boston Fire Department 911).

24.2 Contractor shall maintain clean and orderly work sites and laydown areas.

Contractor must be able to positively identify all tools, equipment, stored materials, and vehicles on work sites.

24.3 Contractor shall perform frequent security-related job site inspections. At a

minimum, three inspections per day should be performed occurring at the start of the shift, during the work period, and just before work ceases.

24.4 Contractor shall assign a security point of contact for the project. This person

shall be a responsible person and be on site at all times when work is ongoing. This person shall monitor radio transmissions on the Massport construction frequency. This person shall keep a list of all persons working on the site during a shift and shall designate a point more than 300 feet from any terminal where all employees are to meet in the case of an emergency evacuation. Escort drivers shall be provided with copies of current employee lists.

25. Hoisting Equipment and Machinery:

25.1 All hoisting equipment and machinery required for the proper and expeditious execution and progress of the Work shall be furnished, installed operated and maintained in safe condition by the Contractor and such subcontractor for its own use. Contractor shall submit a list of equipment proposed for this project to the Engineer for approval. See Appendix E.

25.2 Written notification of all deliveries must be provided to the Engineer 72 hours in

advance by the Contractor and each Subcontractor. Written approval must be obtained from the Authority at least 72 hours prior to delivery of cranes or hoists to the project.

MPA MP1803-C1 II-19

25.3 Before any crane, pile driver, drill, or similar equipment can be utilized on the airside or in landside areas affecting aircraft safety as defined by FAA regulations or Massport Aviation Operations, an FAA Form 7460-1 (Notice of Proposed Construction or Alterations) must be submitted to, and approval received from FAA. The Authority will submit the Form to FAA based on information supplied by the Contractor on the proposed heights/operating areas, and operating schedules of all cranes, pile drivers, and similar equipment. As approval by FAA cannot be controlled by the Authority, the Contractor shall have no claim for delay or damages based on an FAA approval occurring later than expected by the Contractor, if the Authority has promptly submitted the 7460-1 Form after receipt of information by the Contractor. All tall equipment shall either have booms lowered or shall be moved out of areas affecting aircraft operations when not in operation or when directed for safety reasons. Such equipment shall, at all times, be provided with flags and operating lights at their tallest points.

25.4 The Contractor shall affix a red fresnel globe beacon and alternating rectangles of

aviation orange and white checkerboard banner on top of all hoisting equipment. The red beacon light shall comply with the requirements of the FAA L-810 and be as manufactured by Crouse-Hinds, Killark Hugey & Phillips, Inc., Appleton, Inc., or approved equal.

25.5 Crane inspection standards shall be based on the latest OSHA requirements found

in Subpart N, 29CFR 1926 550.

25.6 Crane inspection, testing and maintenance shall also comply with applicable ASME/ANSI and PCSA standards. For the purpose of this document ASME/ANSI B30.5, "Mobile and Locomotive Cranes" Chapter 5-2 shall be the referenced document for the crane inspection criteria.

26. Police Details:

26.1 Police Details may be required either by the Authority to direct traffic during construction and during operations in connection with all oversized deliveries, redirection of traffic from construction areas and all lane closures, hoisting operations, or as required by the Authority. The Contractor will be responsible for informing the Authority regarding the necessity of Police Details and subsequently scheduling all Police Details. There will be no charge to the Contractor for authorized police details.

26.2 Contractor must comply with the MUTCD standard requirements for construction

traffic control and management.

- END OF DIVISION II -

Appendix A – Wage Rates and Reporting

1. Weekly Certified Payroll Report Form (form CP2)

2. Weekly Payroll Records Report & Statement of Compliance

3. Prevailing Wage Rates

APPENDIX A

Your Company's Name: Address: Phone No.:

General/Prime Contractor's Name: Massport Project Name: Project City:

Work Week Ending Date: Massport Contract #: No Work Week? Final Report?

Worker Name / GenderEthnic

(Minority)OSHA

10 WorkApprentice

Step

Total Massport Hours

Hourly Base Wage

Health & Welfare

Pension Plan Supp. Unemp. / Annuity

Total Hourly Wage

Massport GrossWages

Check No.

Complete Address / Zip Code (Last Line) Code Code Cert.? Classification (Attach ID) Su Mo Tu We Th Fr Sat (A) (B) ( C ) (D) (E)

(F)(B+C+D+E)

(G)(A x F) (H)

ST 0.00 $0.000 $0.00 $0.00

OT 0.00 $0.000 $0.00

ST 0.00 $0.000 $0.00 $0.00

OT 0.00 $0.000 $0.00

ST 0.00 $0.000 $0.00 $0.00

OT 0.00 $0.000 $0.00

ST 0.00 $0.000 $0.00 $0.00

OT 0.00 $0.000 $0.00

ST 0.00 $0.000 $0.00 $0.00

OT 0.00 $0.000 $0.00

ST 0.00 $0.000 $0.00 $0.00

OT 0.00 $0.000 $0.00

ST 0.00 $0.000 $0.00 $0.00

OT 0.00 $0.000 $0.00

ST 0.00 $0.000 $0.00 $0.00

OT 0.00 $0.000 $0.00

NOTE: Pursuant to M.G.L. ch. 149, s. 27B, every contractor and subcontractor is required to submit a true and accurate copy of their weekly payroll records directly to the awarding authority. Failure to comply may result in civil or criminal penalties under M.G.L. ch. 149, s. 27C. WORKFORCE UTILIZATION REPORT (EEO GOALS)

SIGNATURE: ETHNIC CODES:

EEO GOALS: ETHNIC (MINORITY)=10%, FEMALE=6.9%

EMAIL:

Total Female Hrs to Date

DATE:

NAME: TITLE:

WorkerHours

Y/N

Y/N

SEND ONLY ONE COPY TO: Prevailing Wage Auditor, Legal Department, Massachusetts Port Authority, 1 Harborside Drive, Boston, MA 02128, and if requested, to the Massport Resident Engineer or Capital Programs Project Manager.

Page _________ of _________

6.9%10.0%

AMERICAN 3) HISPANIC OR LATINO 4) ASIAN OR NATIVE HAWAIIAN 5) AMERICAN INDIAN 6) OTHER

Y/N

Hours Worked

Employer Hourly Fringe Benefit Contributions:

Issued: 3/8/10Revised Date: 05/04/11 - Pending Approval

MASSPORT WEEKLY CERTIFIED PAYROLL REPORT FORM ( FORM CP2) & WORKFORCE UTILIZATION REPORT

Report #:

Mass. Prevailing Wage Rates SheetWage Request Number or Job ID #

Y/N

Y/N

1) CAUCASIAN 2) BLACK OR AFRICAN-

GENDER CODES:1) MALE 2) FEMALE

Total Ethnic (Minority) Hrs

to Date

Total Hrs to Date

0.0% X

Previous Week

Female Hrs

Previous Week Ethnic

(Minority) Hrs

0.00.0

0.0%0.0%

0.0 0.0

Worker Perct. %

Weekly Total Hrs

0.0

X

0.0

Previous Week Total

Hrs

Y/N

0.0% 0.0%

0.0

0.0%

0.0

Weekly Ethnic

(Minority) Hrs

Weekly Female

Hrs

X

0.0

Y/N

Y/N

Check if No Work week Check if Final Report

WEEKLY PAYROLL RECORDS REPORT & STATEMENT OF COMPLIANCE

DIVISION OF OCCUPATIONAL SAFETY, 19 STANIFORD STREET, 2nd FLOOR, BOSTON, MA 02114

In accordance with Massachusetts General Law c. 149, §27B, a true and accurate record

must 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. For every week in which an apprentice is employed, a photocopy of the apprentice’s identification card must be attached to the payroll report. 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

awarding authority directly, within fifteen 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 _______________, 20_______ 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 on said 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 _____________________________

DIV II - Appendix A

THE COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF LABOR STANDARDS

As determined by the Director under the provisions of the

Massachusetts General Laws, Chapter 149, Sections 26 to 27H

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Prevailing Wage RatesCHARLES D. BAKER ROSALIN ACOSTA

SecretaryGovernor

WILLIAM D MCKINNEY

PREVIOUS JOB ID: 20181026-021 FY19-21 Small Item Waterfront Repair Term Contract

Director

Awarding Authority: Massachusetts Port Authority

City/Town:Contract Number: MP1803-C1 BOSTON

Description of Work:

Job Location: One Harborside Drive, East Boston 02128

Wage Request Number: 20190109-038UIssue Date: 01/09/2019

Information about Prevailing Wage Schedules for Awarding Authorities and Contractors

• This wage schedule applies only to the specific project referenced at the top of this page and uniquely identified by the

“Wage Request Number” on all pages of this schedule.

• An Awarding Authority must request an updated wage schedule from the Department of Labor Standards (“DLS”) if it has

not opened bids or selected a contractor within 90 days of the date of issuance of the wage schedule. For CM AT RISK

projects (bid pursuant to G.L. c.149A), the earlier of: (a) the execution date of the GMP Amendment, or (b) the bid for the first

construction scope of work must be within 90-days of the wage schedule issuance date.

• The wage schedule shall be incorporated in any advertisement or call for bids for the project as required by M.G.L. c. 149,

§ 27. The wage schedule shall be made a part of the contract awarded for the project. The wage schedule must be posted in a

conspicuous place at the work site for the life of the project in accordance with M.G.L. c. 149 § 27. The wages listed on the

wage schedule must be paid to employees performing construction work on the project whether they are employed by the prime

contractor, a filed sub-bidder, or any sub-contractor.

• All apprentices working on the project are required to be registered with the Massachusetts Department of Labor

Standards, Division of Apprentice Standards (DLS/DAS). Apprentice must keep his/her apprentice identification card on

his/her person during all work hours on the project. An apprentice registered with DAS may be paid the lower apprentice

wage rate at the applicable step as provided on the prevailing wage schedule. Any apprentice not registered with DLS/DAS

regardless of whether or not they are registered with any other federal, state, local, or private agency must be paid the

journeyworker's rate for the trade.

• The wage rates will remain in effect for the duration of the project, except in the case of multi-year public construction

projects. For construction projects lasting longer than one year, awarding authorities must request an updated wage schedule.

Awarding authorities are required to request these updates no later than two weeks before the anniversary of the date the

contract was executed by the awarding authority and the general contractor. For multi-year CM AT RISK projects, awarding

authority must request an annual update no later than two weeks before the anniversary date, determined as the earlier of: (a)

the execution date of the GMP Amendment, or (b) the execution date of the first amendment to permit procurement of

construction services. Contractors are required to obtain the wage schedules from awarding authorities, and to pay no less than

these rates to covered workers. The annual update requirement is not applicable to 27F “rental of equipment” contracts.

• Every contractor or subcontractor which performs construction work on the project is required to submit weekly payroll

reports and a Statement of Compliance directly to the awarding authority by mail or email and keep them on file for three years.

Each weekly payroll report must contain: the employee’s name, address, occupational classification, hours worked, and wages

paid. Do not submit weekly payroll reports to DLS. A sample of a payroll reporting form may be obtained at

http://www.mass.gov/dols/pw.

• Contractors with questions about the wage rates or classifications included on the wage schedule have an affirmative

obligation to inquire with DLS at (617) 626-6953.

• Employees not receiving the prevailing wage rate set forth on the wage schedule may report the violation to the Fair Labor

Division of the office of the Attorney General at (617) 727-3465.

• Failure of a contractor or subcontractor to pay the prevailing wage rates listed on the wage schedule to all employees who

perform construction work on the project is a violation of the law and subjects the contractor or subcontractor to civil and

KARYN E. POLITO

Lt. Governor

Classification Total RateBase Wage Health PensionSupplemental

UnemploymentEffective Date

Construction

(2 AXLE) DRIVER - EQUIPMENTTEAMSTERS JOINT COUNCIL NO. 10 ZONE A

$58.96 12/01/2018 $11.91 $0.00 $34.35 $12.70

$59.96 06/01/2019 $11.91 $0.00 $35.35 $12.70

$60.46 08/01/2019 $12.41 $0.00 $35.35 $12.70

$61.48 12/01/2019 $12.41 $0.00 $35.35 $13.72

$62.38 06/01/2020 $12.41 $0.00 $36.25 $13.72

$62.88 08/01/2020 $12.91 $0.00 $36.25 $13.72

$63.98 12/01/2020 $12.91 $0.00 $36.25 $14.82

$64.78 06/01/2021 $12.91 $0.00 $37.05 $14.82

$65.28 08/01/2021 $13.41 $0.00 $37.05 $14.82

$66.47 12/01/2021 $13.41 $0.00 $37.05 $16.01

(3 AXLE) DRIVER - EQUIPMENTTEAMSTERS JOINT COUNCIL NO. 10 ZONE A

$59.03 12/01/2018 $11.91 $0.00 $34.42 $12.70

$60.03 06/01/2019 $11.91 $0.00 $35.42 $12.70

$60.53 08/01/2019 $12.41 $0.00 $35.42 $12.70

$61.55 12/01/2019 $12.41 $0.00 $35.42 $13.72

$62.45 06/01/2020 $12.41 $0.00 $36.32 $13.72

$62.95 08/01/2020 $12.91 $0.00 $36.32 $13.72

$64.05 12/01/2020 $12.91 $0.00 $36.32 $14.82

$64.85 06/01/2021 $12.91 $0.00 $37.12 $14.82

$65.35 08/01/2021 $13.41 $0.00 $37.12 $14.82

$66.54 12/01/2021 $13.41 $0.00 $37.12 $16.01

(4 & 5 AXLE) DRIVER - EQUIPMENTTEAMSTERS JOINT COUNCIL NO. 10 ZONE A

$59.15 12/01/2018 $11.91 $0.00 $34.54 $12.70

$60.15 06/01/2019 $11.91 $0.00 $35.54 $12.70

$60.65 08/01/2019 $12.41 $0.00 $35.54 $12.70

$61.67 12/01/2019 $12.41 $0.00 $35.54 $13.72

$62.57 06/01/2020 $12.41 $0.00 $36.44 $13.72

$63.07 08/01/2020 $12.91 $0.00 $36.44 $13.72

$64.17 12/01/2020 $12.91 $0.00 $36.44 $14.82

$64.97 06/01/2021 $12.91 $0.00 $37.24 $14.82

$65.47 08/01/2021 $13.41 $0.00 $37.24 $14.82

$66.66 12/01/2021 $13.41 $0.00 $37.24 $16.01

ADS/SUBMERSIBLE PILOTPILE DRIVER LOCAL 56 (ZONE 1)

$128.85 08/01/2018 $9.90 $0.00 $97.80 $21.15

$133.83 08/01/2019 $9.90 $0.00 $102.78 $21.15For apprentice rates see "Apprentice- PILE DRIVER"

AIR TRACK OPERATORLABORERS - ZONE 1

$62.60 12/01/2018 $7.85 $0.00 $39.40 $15.35

$63.60 06/01/2019 $7.85 $0.00 $40.40 $15.35

$64.60 12/01/2019 $7.85 $0.00 $41.40 $15.35

$65.59 06/01/2020 $7.85 $0.00 $42.39 $15.35

$66.57 12/01/2020 $7.85 $0.00 $43.37 $15.35

$67.59 06/01/2021 $7.85 $0.00 $44.39 $15.35

$68.60 12/01/2021 $7.85 $0.00 $45.40 $15.35For apprentice rates see "Apprentice- LABORER"

Issue Date: Wage Request Number:01/09/2019 Page 2 of 4220190109-038U



ASBESTOS REMOVER - PIPE / MECH. EQUIPT.HEAT & FROST INSULATORS LOCAL 6 (BOSTON)

$56.50 12/01/2018 $11.50 $0.00 $37.90 $7.10

$57.50 06/01/2019 $11.50 $0.00 $38.90 $7.10

$58.50 12/01/2019 $11.50 $0.00 $39.90 $7.10

$59.50 06/01/2020 $11.50 $0.00 $40.90 $7.10

$60.50 12/01/2020 $11.50 $0.00 $41.90 $7.10

ASPHALT RAKERLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


ASPHALT/CONCRETE/CRUSHER PLANT-ON SITEOPERATING ENGINEERS LOCAL 4

$74.68 12/01/2018 $11.50 $0.00 $47.58 $15.60

$75.78 06/01/2019 $11.50 $0.00 $48.68 $15.60

$76.93 12/01/2019 $11.50 $0.00 $49.83 $15.60

$78.03 06/01/2020 $11.50 $0.00 $50.93 $15.60

$79.18 12/01/2020 $11.50 $0.00 $52.08 $15.60

$80.28 06/01/2021 $11.50 $0.00 $53.18 $15.60

$81.43 12/01/2021 $11.50 $0.00 $54.33 $15.60For apprentice rates see "Apprentice- OPERATING ENGINEERS"

BACKHOE/FRONT-END LOADEROPERATING ENGINEERS LOCAL 4

$74.68 12/01/2018 $11.50 $0.00 $47.58 $15.60

$75.78 06/01/2019 $11.50 $0.00 $48.68 $15.60

$76.93 12/01/2019 $11.50 $0.00 $49.83 $15.60

$78.03 06/01/2020 $11.50 $0.00 $50.93 $15.60

$79.18 12/01/2020 $11.50 $0.00 $52.08 $15.60

$80.28 06/01/2021 $11.50 $0.00 $53.18 $15.60


BARCO-TYPE JUMPING TAMPERLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


BLOCK PAVER, RAMMER / CURB SETTERLABORERS - ZONE 1

$62.60 12/01/2018 $7.85 $0.00 $39.40 $15.35

$63.60 06/01/2019 $7.85 $0.00 $40.40 $15.35

$64.60 12/01/2019 $7.85 $0.00 $41.40 $15.35

$65.59 06/01/2020 $7.85 $0.00 $42.39 $15.35

$66.57 12/01/2020 $7.85 $0.00 $43.37 $15.35

$67.59 06/01/2021 $7.85 $0.00 $44.39 $15.35





BOILER MAKERBOILERMAKERS LOCAL 29

$69.50 01/01/2019 $7.07 $0.00 $44.71 $17.72

$71.15 01/01/2020 $7.07 $0.00 $46.10 $17.98

BOILERMAKER - Local 29Apprentice -

01/01/2019

Health PensionSupplemental

UnemploymentStep Apprentice Base Wage Total Ratepercent

Effective Date -

1 $29.06 $7.07 $11.52 $0.00 $47.65 65

2 $29.06 $7.07 $11.52 $0.00 $47.65 65

3 $31.30 $7.07 $12.40 $0.00 $50.77 70

4 $33.53 $7.07 $13.30 $0.00 $53.90 75

5 $35.77 $7.07 $14.18 $0.00 $57.02 80

6 $38.00 $7.07 $15.07 $0.00 $60.14 85

7 $40.24 $7.07 $15.95 $0.00 $63.26 90

8 $42.47 $7.07 $16.84 $0.00 $66.38 95

01/01/2020



Effective Date -

1 $29.97 $7.07 $11.69 $0.00 $48.73 65

2 $29.97 $7.07 $11.69 $0.00 $48.73 65

3 $32.27 $7.07 $12.59 $0.00 $51.93 70

4 $34.58 $7.07 $13.49 $0.00 $55.14 75

5 $36.88 $7.07 $14.38 $0.00 $58.33 80

6 $39.19 $7.07 $15.29 $0.00 $61.55 85

7 $41.49 $7.07 $16.18 $0.00 $64.74 90

8 $43.80 $7.07 $17.09 $0.00 $67.96 95

Notes:

Apprentice to Journeyworker Ratio:1:4

BRICK/STONE/ARTIFICIAL MASONRY (INCL. MASONRY

WATERPROOFING)BRICKLAYERS LOCAL 3 (BOSTON)

$84.32 08/01/2018 $10.75 $0.00 $52.91 $20.66

$84.96 02/01/2019 $10.75 $0.00 $53.55 $20.66

$86.45 08/01/2019 $10.75 $0.00 $54.90 $20.80

$87.09 02/01/2020 $10.75 $0.00 $55.54 $20.80

$88.59 08/01/2020 $10.75 $0.00 $56.89 $20.95

$89.23 02/01/2021 $10.75 $0.00 $57.53 $20.95

$90.79 08/01/2021 $10.75 $0.00 $58.93 $21.11

$91.38 02/01/2022 $10.75 $0.00 $59.52 $21.11




BRICK/PLASTER/CEMENT MASON - Local 3 BostonApprentice -

08/01/2018



Effective Date -

1 $26.46 $10.75 $20.66 $0.00 $57.87 50

2 $31.75 $10.75 $20.66 $0.00 $63.16 60

3 $37.04 $10.75 $20.66 $0.00 $68.45 70

4 $42.33 $10.75 $20.66 $0.00 $73.74 80

5 $47.62 $10.75 $20.66 $0.00 $79.03 90

02/01/2019



Effective Date -

1 $26.78 $10.75 $20.66 $0.00 $58.19 50

2 $32.13 $10.75 $20.66 $0.00 $63.54 60

3 $37.49 $10.75 $20.66 $0.00 $68.90 70

4 $42.84 $10.75 $20.66 $0.00 $74.25 80

5 $48.20 $10.75 $20.66 $0.00 $79.61 90

Notes:


BULLDOZER/GRADER/SCRAPEROPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


CAISSON & UNDERPINNING BOTTOM MANLABORERS - FOUNDATION AND MARINE

$63.15 12/01/2018 $7.85 $0.00 $39.75 $15.55

$64.15 06/01/2019 $7.85 $0.00 $40.75 $15.55

$65.15 12/01/2019 $7.85 $0.00 $41.75 $15.55

$66.14 06/01/2020 $7.85 $0.00 $42.74 $15.55

$67.12 12/01/2020 $7.85 $0.00 $43.72 $15.55

$68.14 06/01/2021 $7.85 $0.00 $44.74 $15.55


CAISSON & UNDERPINNING LABORERLABORERS - FOUNDATION AND MARINE

$62.00 12/01/2018 $7.85 $0.00 $38.60 $15.55

$63.00 06/01/2019 $7.85 $0.00 $39.60 $15.55

$64.00 12/01/2019 $7.85 $0.00 $40.60 $15.55

$64.99 06/01/2020 $7.85 $0.00 $41.59 $15.55

$65.97 12/01/2020 $7.85 $0.00 $42.57 $15.55

$66.99 06/01/2021 $7.85 $0.00 $43.59 $15.55





CAISSON & UNDERPINNING TOP MANLABORERS - FOUNDATION AND MARINE

$62.00 12/01/2018 $7.85 $0.00 $38.60 $15.55

$63.00 06/01/2019 $7.85 $0.00 $39.60 $15.55

$64.00 12/01/2019 $7.85 $0.00 $40.60 $15.55

$64.99 06/01/2020 $7.85 $0.00 $41.59 $15.55

$65.97 12/01/2020 $7.85 $0.00 $42.57 $15.55

$66.99 06/01/2021 $7.85 $0.00 $43.59 $15.55


CARBIDE CORE DRILL OPERATORLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


CARPENTERCARPENTERS -ZONE 1 (Metro Boston)

$76.09 09/01/2018 $9.90 $0.00 $48.69 $17.50

$77.24 03/01/2019 $9.90 $0.00 $49.84 $17.50

CARPENTER - Zone 1 Metro BostonApprentice -

09/01/2018



Effective Date -

1 $24.35 $9.90 $1.73 $0.00 $35.98 50

2 $29.21 $9.90 $1.73 $0.00 $40.84 60

3 $34.08 $9.90 $12.31 $0.00 $56.29 70

4 $36.52 $9.90 $12.31 $0.00 $58.73 75

5 $38.95 $9.90 $14.04 $0.00 $62.89 80

6 $38.95 $9.90 $14.04 $0.00 $62.89 80

7 $43.82 $9.90 $15.77 $0.00 $69.49 90

8 $43.82 $9.90 $15.77 $0.00 $69.49 90

03/01/2019



Effective Date -

1 $24.92 $9.90 $1.73 $0.00 $36.55 50

2 $29.90 $9.90 $1.73 $0.00 $41.53 60

3 $34.89 $9.90 $12.31 $0.00 $57.10 70

4 $37.38 $9.90 $12.31 $0.00 $59.59 75

5 $39.87 $9.90 $14.04 $0.00 $63.81 80

6 $39.87 $9.90 $14.04 $0.00 $63.81 80

7 $44.86 $9.90 $15.77 $0.00 $70.53 90

8 $44.86 $9.90 $15.77 $0.00 $70.53 90

Notes:

% Indentured After 10/1/17; 45/45/55/55/70/70/80/80

Step 1&2 $33.54/ 3&4 $40.08/ 5&6 $58.02/ 7&8 $64.62





CARPENTER WOOD FRAMECARPENTERS -ZONE 1 (Wood Frame)

$46.94 10/01/2018 $7.07 $0.00 $32.01 $7.86

$47.42 04/01/2019 $7.07 $0.00 $32.49 $7.86

$47.90 10/01/2019 $7.07 $0.00 $32.97 $7.86All Aspects of New Wood Frame Work - As of 9/1/09 Carpentry work on wood-frame WEATHERIZATION projects shall be paid the WOOD FRAME CARPENTER

rate.

CARPENTER (Wood Frame) - Zone 1Apprentice -

10/01/2018



Effective Date -

1 $19.21 $7.07 $0.00 $0.00 $26.28 60

2 $19.21 $7.07 $0.00 $0.00 $26.28 60

3 $20.81 $7.07 $7.86 $0.00 $35.74 65

4 $22.41 $7.07 $7.86 $0.00 $37.34 70

5 $24.01 $7.07 $7.86 $0.00 $38.94 75

6 $25.61 $7.07 $7.86 $0.00 $40.54 80

7 $27.21 $7.07 $7.86 $0.00 $42.14 85

8 $28.81 $7.07 $7.86 $0.00 $43.74 90

04/01/2019



Effective Date -

1 $19.49 $7.07 $0.00 $0.00 $26.56 60

2 $19.49 $7.07 $0.00 $0.00 $26.56 60

3 $21.12 $7.07 $7.86 $0.00 $36.05 65

4 $22.74 $7.07 $7.86 $0.00 $37.67 70

5 $24.37 $7.07 $7.86 $0.00 $39.30 75

6 $25.99 $7.07 $7.86 $0.00 $40.92 80

7 $27.62 $7.07 $7.86 $0.00 $42.55 85

8 $29.24 $7.07 $7.86 $0.00 $44.17 90

Notes:

% Indentured After 10/1/17; 45/45/55/55/70/70/80/80

Step 1&2 $21.47/ 3&4 $29.43/ 5&6 $37.34/ 7&8 $40.54


CEMENT MASONRY/PLASTERINGBRICKLAYERS LOCAL 3 (BOSTON)

$82.71 01/01/2019 $12.50 $0.30 $47.50 $22.41

$83.45 07/01/2019 $12.50 $0.30 $48.24 $22.41

$84.85 01/01/2020 $12.50 $0.30 $49.64 $22.41




CEMENT MASONRY/PLASTERING - Eastern Mass (Boston)Apprentice -

01/01/2019



Effective Date -

1 $23.75 $12.50 $15.41 $0.00 $51.66 50

2 $28.50 $12.50 $17.41 $0.30 $58.71 60

3 $30.88 $12.50 $18.41 $0.30 $62.09 65

4 $33.25 $12.50 $19.41 $0.30 $65.46 70

5 $35.63 $12.50 $20.41 $0.30 $68.84 75

6 $38.00 $12.50 $21.41 $0.30 $72.21 80

7 $42.75 $12.50 $22.41 $0.30 $77.96 90

07/01/2019



Effective Date -

1 $24.12 $12.50 $15.41 $0.00 $52.03 50

2 $28.94 $12.50 $17.41 $0.30 $59.15 60

3 $31.36 $12.50 $18.41 $0.30 $62.57 65

4 $33.77 $12.50 $19.41 $0.30 $65.98 70

5 $36.18 $12.50 $20.41 $0.30 $69.39 75

6 $38.59 $12.50 $21.41 $0.30 $72.80 80

7 $43.42 $12.50 $22.41 $0.30 $78.63 90

Notes:

Steps 3,4 are 500 hrs. All other steps are 1,000 hrs.


CHAIN SAW OPERATORLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


CLAM SHELLS/SLURRY BUCKETS/HEADING MACHINESOPERATING ENGINEERS LOCAL 4

$75.68 12/01/2018 $11.50 $0.00 $48.58 $15.60

$76.78 06/01/2019 $11.50 $0.00 $49.68 $15.60

$77.93 12/01/2019 $11.50 $0.00 $50.83 $15.60

$79.03 06/01/2020 $11.50 $0.00 $51.93 $15.60

$80.18 12/01/2020 $11.50 $0.00 $53.08 $15.60

$81.28 06/01/2021 $11.50 $0.00 $54.18 $15.60





COMPRESSOR OPERATOROPERATING ENGINEERS LOCAL 4

$59.13 12/01/2018 $11.50 $0.00 $32.03 $15.60

$59.88 06/01/2019 $11.50 $0.00 $32.78 $15.60

$60.67 12/01/2019 $11.50 $0.00 $33.57 $15.60

$61.42 06/01/2020 $11.50 $0.00 $34.32 $15.60

$62.20 12/01/2020 $11.50 $0.00 $35.10 $15.60

$62.95 06/01/2021 $11.50 $0.00 $35.85 $15.60


DELEADER (BRIDGE)PAINTERS LOCAL 35 - ZONE 1

$79.36 01/01/2019 $8.15 $0.00 $50.36 $20.85

$80.46 07/01/2019 $8.15 $0.00 $51.46 $20.85

$81.56 01/01/2020 $8.15 $0.00 $52.56 $20.85

$82.66 07/01/2020 $8.15 $0.00 $53.66 $20.85

$83.76 01/01/2021 $8.15 $0.00 $54.76 $20.85

PAINTER Local 35 - BRIDGES/TANKSApprentice -

01/01/2019



Effective Date -

1 $25.18 $8.15 $0.00 $0.00 $33.33 50

2 $27.70 $8.15 $5.64 $0.00 $41.49 55

3 $30.22 $8.15 $6.15 $0.00 $44.52 60

4 $32.73 $8.15 $6.66 $0.00 $47.54 65

5 $35.25 $8.15 $17.78 $0.00 $61.18 70

6 $37.77 $8.15 $18.29 $0.00 $64.21 75

7 $40.29 $8.15 $18.80 $0.00 $67.24 80

8 $45.32 $8.15 $19.83 $0.00 $73.30 90

07/01/2019



Effective Date -

1 $25.73 $8.15 $0.00 $0.00 $33.88 50

2 $28.30 $8.15 $5.64 $0.00 $42.09 55

3 $30.88 $8.15 $6.15 $0.00 $45.18 60

4 $33.45 $8.15 $6.66 $0.00 $48.26 65

5 $36.02 $8.15 $17.78 $0.00 $61.95 70

6 $38.60 $8.15 $18.29 $0.00 $65.04 75

7 $41.17 $8.15 $18.80 $0.00 $68.12 80

8 $46.31 $8.15 $19.83 $0.00 $74.29 90

Notes:

Steps are 750 hrs.


DEMO: ADZEMANLABORERS - ZONE 1

$62.00 12/01/2018 $7.85 $0.00 $38.80 $15.35

$63.00 06/01/2019 $7.85 $0.00 $39.80 $15.35





DEMO: BACKHOE/LOADER/HAMMER OPERATORLABORERS - ZONE 1

$63.00 12/01/2018 $7.85 $0.00 $39.80 $15.35

$64.00 06/01/2019 $7.85 $0.00 $40.80 $15.35


DEMO: BURNERSLABORERS - ZONE 1

$62.75 12/01/2018 $7.85 $0.00 $39.55 $15.35

$63.75 06/01/2019 $7.85 $0.00 $40.55 $15.35


DEMO: CONCRETE CUTTER/SAWYERLABORERS - ZONE 1

$63.00 12/01/2018 $7.85 $0.00 $39.80 $15.35

$64.00 06/01/2019 $7.85 $0.00 $40.80 $15.35


DEMO: JACKHAMMER OPERATORLABORERS - ZONE 1

$62.75 12/01/2018 $7.85 $0.00 $39.55 $15.35

$63.75 06/01/2019 $7.85 $0.00 $40.55 $15.35


DEMO: WRECKING LABORERLABORERS - ZONE 1

$62.00 12/01/2018 $7.85 $0.00 $38.80 $15.35

$63.00 06/01/2019 $7.85 $0.00 $39.80 $15.35


DIRECTIONAL DRILL MACHINE OPERATOROPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


DIVERPILE DRIVER LOCAL 56 (ZONE 1)

$96.25 08/01/2018 $9.90 $0.00 $65.20 $21.15


DIVER TENDERPILE DRIVER LOCAL 56 (ZONE 1)

$77.62 08/01/2018 $9.90 $0.00 $46.57 $21.15


DIVER TENDER (EFFLUENT)PILE DRIVER LOCAL 56 (ZONE 1)

$100.91 08/01/2018 $9.90 $0.00 $69.86 $21.15


DIVER/SLURRY (EFFLUENT)PILE DRIVER LOCAL 56 (ZONE 1)

$128.85 08/01/2018 $9.90 $0.00 $97.80 $21.15


DRAWBRIDGE OPERATOR (Construction)ELECTRICIANS LOCAL 103

$81.99 09/01/2018 $13.00 $0.00 $50.62 $18.37

$82.98 03/01/2019 $13.00 $0.00 $51.10 $18.88For apprentice rates see "Apprentice- ELECTRICIAN"

ELECTRICIANELECTRICIANS LOCAL 103

$81.99 09/01/2018 $13.00 $0.00 $50.62 $18.37

$82.98 03/01/2019 $13.00 $0.00 $51.10 $18.88




ELECTRICIAN - Local 103Apprentice -

09/01/2018



Effective Date -

1 $20.25 $13.00 $0.61 $0.00 $33.86 40

2 $20.25 $13.00 $0.61 $0.00 $33.86 40

3 $22.78 $13.00 $13.97 $0.00 $49.75 45

4 $22.78 $13.00 $13.97 $0.00 $49.75 45

5 $25.31 $13.00 $14.38 $0.00 $52.69 50

6 $27.84 $13.00 $14.78 $0.00 $55.62 55

7 $30.37 $13.00 $15.17 $0.00 $58.54 60

8 $32.90 $13.00 $15.58 $0.00 $61.48 65

9 $35.43 $13.00 $15.97 $0.00 $64.40 70

10 $37.97 $13.00 $16.37 $0.00 $67.34 75

03/01/2019



Effective Date -

1 $20.44 $13.00 $0.61 $0.00 $34.05 40

2 $20.44 $13.00 $0.61 $0.00 $34.05 40

3 $23.00 $13.00 $14.34 $0.00 $50.34 45

4 $23.00 $13.00 $14.34 $0.00 $50.34 45

5 $25.55 $13.00 $14.76 $0.00 $53.31 50

6 $28.11 $13.00 $15.17 $0.00 $56.28 55

7 $30.66 $13.00 $15.58 $0.00 $59.24 60

8 $33.22 $13.00 $16.00 $0.00 $62.22 65

9 $35.77 $13.00 $16.40 $0.00 $65.17 70

10 $38.33 $13.00 $16.82 $0.00 $68.15 75

Notes: :

App Prior 1/1/03; 30/35/40/45/50/55/65/70/75/80

Apprentice to Journeyworker Ratio:2:3***

ELEVATOR CONSTRUCTORELEVATOR CONSTRUCTORS LOCAL 4

$92.56 01/01/2019 $15.58 $0.00 $59.47 $17.51

$95.56 01/01/2020 $15.73 $0.00 $61.42 $18.41

$98.66 01/01/2021 $15.88 $0.00 $63.47 $19.31

$101.86 01/01/2022 $16.03 $0.00 $65.62 $20.21




ELEVATOR CONSTRUCTOR - Local 4Apprentice -

01/01/2019



Effective Date -

1 $29.74 $15.58 $0.00 $0.00 $45.32 50

2 $32.71 $15.58 $17.51 $0.00 $65.80 55

3 $38.66 $15.58 $17.51 $0.00 $71.75 65

4 $41.63 $15.58 $17.51 $0.00 $74.72 70

5 $47.58 $15.58 $17.51 $0.00 $80.67 80

01/01/2020



Effective Date -

1 $30.71 $15.73 $0.00 $0.00 $46.44 50

2 $33.78 $15.73 $18.41 $0.00 $67.92 55

3 $39.92 $15.73 $18.41 $0.00 $74.06 65

4 $42.99 $15.73 $18.41 $0.00 $77.13 70

5 $49.14 $15.73 $18.41 $0.00 $83.28 80

Notes:

Steps 1-2 are 6 mos.; Steps 3-5 are 1 year


ELEVATOR CONSTRUCTOR HELPERELEVATOR CONSTRUCTORS LOCAL 4

$74.72 01/01/2019 $15.58 $0.00 $41.63 $17.51

$77.13 01/01/2020 $15.73 $0.00 $42.99 $18.41

$79.62 01/01/2021 $15.88 $0.00 $44.43 $19.31

$82.17 01/01/2022 $16.03 $0.00 $45.93 $20.21For apprentice rates see "Apprentice - ELEVATOR CONSTRUCTOR"

FENCE & GUARD RAIL ERECTORLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


FIELD ENG.INST.PERSON-BLDG,SITE,HVY/HWYOPERATING ENGINEERS LOCAL 4

$69.69 11/01/2018 $11.00 $0.00 $43.19 $15.50

$70.83 05/01/2019 $11.00 $0.00 $44.33 $15.50

$71.83 11/01/2019 $11.00 $0.00 $45.33 $15.50

$72.98 05/01/2020 $11.00 $0.00 $46.48 $15.50

$73.98 11/01/2020 $11.00 $0.00 $47.48 $15.50

$75.18 05/01/2021 $11.00 $0.00 $48.68 $15.50

$76.13 11/01/2021 $11.00 $0.00 $49.63 $15.50





FIELD ENG.PARTY CHIEF-BLDG,SITE,HVY/HWYOPERATING ENGINEERS LOCAL 4

$71.17 11/01/2018 $11.00 $0.00 $44.67 $15.50

$72.32 05/01/2019 $11.00 $0.00 $45.82 $15.50

$73.33 11/01/2019 $11.00 $0.00 $46.83 $15.50

$74.48 05/01/2020 $11.00 $0.00 $47.98 $15.50

$75.49 11/01/2020 $11.00 $0.00 $48.99 $15.50

$76.65 05/01/2021 $11.00 $0.00 $50.15 $15.50

$77.66 11/01/2021 $11.00 $0.00 $51.16 $15.50


FIELD ENG.ROD PERSON-BLDG,SITE,HVY/HWYOPERATING ENGINEERS LOCAL 4

$48.95 11/01/2018 $11.00 $0.00 $22.45 $15.50

$49.63 05/01/2019 $11.00 $0.00 $23.13 $15.50

$50.22 11/01/2019 $11.00 $0.00 $23.72 $15.50

$50.89 05/01/2020 $11.00 $0.00 $24.39 $15.50

$51.48 11/01/2020 $11.00 $0.00 $24.98 $15.50

$52.16 05/01/2021 $11.00 $0.00 $25.66 $15.50

$52.76 11/01/2021 $11.00 $0.00 $26.26 $15.50


FIRE ALARM INSTALLERELECTRICIANS LOCAL 103

$81.99 09/01/2018 $13.00 $0.00 $50.62 $18.37


FIRE ALARM REPAIR / MAINTENANCE

/ COMMISSIONINGELECTRICIANS

LOCAL 103

$67.32 09/01/2018 $13.00 $0.00 $37.97 $16.35

$68.15 03/01/2019 $13.00 $0.00 $38.33 $16.82

For apprentice rates see "Apprentice- TELECOMMUNICATIONS TECHNICIAN"

FIREMAN (ASST. ENGINEER)OPERATING ENGINEERS LOCAL 4

$66.23 12/01/2018 $11.50 $0.00 $39.13 $15.60

$67.14 06/01/2019 $11.50 $0.00 $40.04 $15.60

$68.09 12/01/2019 $11.50 $0.00 $40.99 $15.60

$69.00 06/01/2020 $11.50 $0.00 $41.90 $15.60

$69.95 12/01/2020 $11.50 $0.00 $42.85 $15.60

$70.86 06/01/2021 $11.50 $0.00 $43.76 $15.60


FLAGGER & SIGNALERLABORERS - ZONE 1

$45.70 12/01/2018 $7.85 $0.00 $22.50 $15.35

$45.70 06/01/2019 $7.85 $0.00 $22.50 $15.35

$46.70 12/01/2019 $7.85 $0.00 $23.50 $15.35

$46.70 06/01/2020 $7.85 $0.00 $23.50 $15.35

$47.70 12/01/2020 $7.85 $0.00 $24.50 $15.35

$47.70 06/01/2021 $7.85 $0.00 $24.50 $15.35


FLOORCOVERERFLOORCOVERERS LOCAL 2168 ZONE I

$69.55 03/01/2016 $9.80 $0.00 $42.13 $17.62




FLOORCOVERER - Local 2168 Zone IApprentice -

03/01/2016



Effective Date -

1 $21.07 $9.80 $1.79 $0.00 $32.66 50

2 $23.17 $9.80 $1.79 $0.00 $34.76 55

3 $25.28 $9.80 $12.25 $0.00 $47.33 60

4 $27.38 $9.80 $12.25 $0.00 $49.43 65

5 $29.49 $9.80 $14.04 $0.00 $53.33 70

6 $31.60 $9.80 $14.04 $0.00 $55.44 75

7 $33.70 $9.80 $15.83 $0.00 $59.33 80

8 $35.81 $9.80 $15.83 $0.00 $61.44 85

Notes: Steps are 750 hrs.

% After 09/1/17; 45/45/55/55/70/70/80/80 (1500hr Steps)

Step 1&2 $30.55/ 3&4 $36.49/ 5&6 $53.33/ 7&8 $59.33


FORK LIFT/CHERRY PICKEROPERATING ENGINEERS LOCAL 4

$74.68 12/01/2018 $11.50 $0.00 $47.58 $15.60

$75.78 06/01/2019 $11.50 $0.00 $48.68 $15.60

$76.93 12/01/2019 $11.50 $0.00 $49.83 $15.60

$78.03 06/01/2020 $11.50 $0.00 $50.93 $15.60

$79.18 12/01/2020 $11.50 $0.00 $52.08 $15.60

$80.28 06/01/2021 $11.50 $0.00 $53.18 $15.60


GENERATOR/LIGHTING PLANT/HEATERSOPERATING ENGINEERS LOCAL 4

$59.13 12/01/2018 $11.50 $0.00 $32.03 $15.60

$59.88 06/01/2019 $11.50 $0.00 $32.78 $15.60

$60.67 12/01/2019 $11.50 $0.00 $33.57 $15.60

$61.42 06/01/2020 $11.50 $0.00 $34.32 $15.60

$62.20 12/01/2020 $11.50 $0.00 $35.10 $15.60

$62.95 06/01/2021 $11.50 $0.00 $35.85 $15.60


GLAZIER (GLASS PLANK/AIR BARRIER/INTERIOR

SYSTEMS)GLAZIERS LOCAL 35 (ZONE 1)

$74.65 01/01/2019 $8.15 $0.00 $45.65 $20.85

$75.75 07/01/2019 $8.15 $0.00 $46.75 $20.85

$76.85 01/01/2020 $8.15 $0.00 $47.85 $20.85

$77.95 07/01/2020 $8.15 $0.00 $48.95 $20.85

$79.05 01/01/2021 $8.15 $0.00 $50.05 $20.85




GLAZIER - Local 35 Zone 1Apprentice -

01/01/2019



Effective Date -

1 $22.83 $8.15 $0.00 $0.00 $30.98 50

2 $25.11 $8.15 $5.64 $0.00 $38.90 55

3 $27.39 $8.15 $6.15 $0.00 $41.69 60

4 $29.67 $8.15 $6.66 $0.00 $44.48 65

5 $31.96 $8.15 $17.78 $0.00 $57.89 70

6 $34.24 $8.15 $18.29 $0.00 $60.68 75

7 $36.52 $8.15 $18.80 $0.00 $63.47 80

8 $41.09 $8.15 $19.83 $0.00 $69.07 90

07/01/2019



Effective Date -

1 $23.38 $8.15 $0.00 $0.00 $31.53 50

2 $25.71 $8.15 $5.64 $0.00 $39.50 55

3 $28.05 $8.15 $6.15 $0.00 $42.35 60

4 $30.39 $8.15 $6.66 $0.00 $45.20 65

5 $32.73 $8.15 $17.78 $0.00 $58.66 70

6 $35.06 $8.15 $18.29 $0.00 $61.50 75

7 $37.40 $8.15 $18.80 $0.00 $64.35 80

8 $42.08 $8.15 $19.83 $0.00 $70.06 90

Notes:

Steps are 750 hrs.


HOISTING ENGINEER/CRANES/GRADALLSOPERATING ENGINEERS LOCAL 4

$74.68 12/01/2018 $11.50 $0.00 $47.58 $15.60

$75.78 06/01/2019 $11.50 $0.00 $48.68 $15.60

$76.93 12/01/2019 $11.50 $0.00 $49.83 $15.60

$78.03 06/01/2020 $11.50 $0.00 $50.93 $15.60

$79.18 12/01/2020 $11.50 $0.00 $52.08 $15.60

$80.28 06/01/2021 $11.50 $0.00 $53.18 $15.60

$81.43 12/01/2021 $11.50 $0.00 $54.33 $15.60




OPERATING ENGINEERS - Local 4Apprentice -

12/01/2018



Effective Date -

1 $26.17 $11.50 $0.00 $0.00 $37.67 55

2 $28.55 $11.50 $15.60 $0.00 $55.65 60

3 $30.93 $11.50 $15.60 $0.00 $58.03 65

4 $33.31 $11.50 $15.60 $0.00 $60.41 70

5 $35.69 $11.50 $15.60 $0.00 $62.79 75

6 $38.06 $11.50 $15.60 $0.00 $65.16 80

7 $40.44 $11.50 $15.60 $0.00 $67.54 85

8 $42.82 $11.50 $15.60 $0.00 $69.92 90

06/01/2019



Effective Date -

1 $26.77 $11.50 $0.00 $0.00 $38.27 55

2 $29.21 $11.50 $15.60 $0.00 $56.31 60

3 $31.64 $11.50 $15.60 $0.00 $58.74 65

4 $34.08 $11.50 $15.60 $0.00 $61.18 70

5 $36.51 $11.50 $15.60 $0.00 $63.61 75

6 $38.94 $11.50 $15.60 $0.00 $66.04 80

7 $41.38 $11.50 $15.60 $0.00 $68.48 85

8 $43.81 $11.50 $15.60 $0.00 $70.91 90

Notes:


HVAC (DUCTWORK)SHEETMETAL WORKERS LOCAL 17 - A

$82.84 02/01/2018 $12.20 $2.41 $44.11 $24.12

For apprentice rates see "Apprentice- SHEET METAL WORKER"

HVAC (ELECTRICAL CONTROLS)ELECTRICIANS LOCAL 103

$81.99 09/01/2018 $13.00 $0.00 $50.62 $18.37


HVAC (TESTING AND BALANCING - AIR)SHEETMETAL WORKERS LOCAL 17 - A

$82.84 02/01/2018 $12.20 $2.41 $44.11 $24.12

For apprentice rates see "Apprentice- SHEET METAL WORKER"

HVAC (TESTING AND BALANCING -WATER)PIPEFITTERS LOCAL 537

$81.63 09/01/2018 $9.95 $0.00 $52.94 $18.74

$83.13 09/01/2019 $9.95 $0.00 $54.44 $18.74

$84.63 09/01/2020 $9.95 $0.00 $55.94 $18.74For apprentice rates see "Apprentice- PIPEFITTER" or "PLUMBER/PIPEFITTER"

HVAC MECHANICPIPEFITTERS LOCAL 537

$81.63 09/01/2018 $9.95 $0.00 $52.94 $18.74

$83.13 09/01/2019 $9.95 $0.00 $54.44 $18.74





HYDRAULIC DRILLSLABORERS - ZONE 1

$62.60 12/01/2018 $7.85 $0.00 $39.40 $15.35

$63.60 06/01/2019 $7.85 $0.00 $40.40 $15.35

$64.60 12/01/2019 $7.85 $0.00 $41.40 $15.35

$65.59 06/01/2020 $7.85 $0.00 $42.39 $15.35

$66.57 12/01/2020 $7.85 $0.00 $43.37 $15.35

$67.59 06/01/2021 $7.85 $0.00 $44.39 $15.35


INSULATOR (PIPES & TANKS)HEAT & FROST INSULATORS LOCAL 6 (BOSTON)

$75.29 09/01/2018 $11.75 $0.00 $49.34 $14.20

$77.79 09/01/2019 $11.75 $0.00 $51.84 $14.20

ASBESTOS INSULATOR (Pipes & Tanks) - Local 6 BostonApprentice -

09/01/2018



Effective Date -

1 $24.67 $11.75 $10.45 $0.00 $46.87 50

2 $29.60 $11.75 $11.20 $0.00 $52.55 60

3 $34.54 $11.75 $11.95 $0.00 $58.24 70

4 $39.47 $11.75 $12.70 $0.00 $63.92 80

09/01/2019



Effective Date -

1 $25.92 $11.75 $10.45 $0.00 $48.12 50

2 $31.10 $11.75 $11.20 $0.00 $54.05 60

3 $36.29 $11.75 $11.95 $0.00 $59.99 70

4 $41.47 $11.75 $12.70 $0.00 $65.92 80

Notes:

Steps are 1 year


IRONWORKER/WELDERIRONWORKERS LOCAL 7 (BOSTON AREA)

$76.92 09/16/2018 $8.00 $0.00 $46.07 $22.85




IRONWORKER - Local 7 BostonApprentice -

09/16/2018



Effective Date -

1 $27.64 $8.00 $22.85 $0.00 $58.49 60

2 $32.25 $8.00 $22.85 $0.00 $63.10 70

3 $34.55 $8.00 $22.85 $0.00 $65.40 75

4 $36.86 $8.00 $22.85 $0.00 $67.71 80

5 $39.16 $8.00 $22.85 $0.00 $70.01 85

6 $41.46 $8.00 $22.85 $0.00 $72.31 90

Notes:

** Structural 1:6; Ornamental 1:4

Apprentice to Journeyworker Ratio:**

JACKHAMMER & PAVING BREAKER OPERATORLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


LABORERLABORERS - ZONE 1

$61.85 12/01/2018 $7.85 $0.00 $38.65 $15.35

$62.85 06/01/2019 $7.85 $0.00 $39.65 $15.35

$63.85 12/01/2019 $7.85 $0.00 $40.65 $15.35

$64.84 06/01/2020 $7.85 $0.00 $41.64 $15.35

$65.82 12/01/2020 $7.85 $0.00 $42.62 $15.35

$66.84 06/01/2021 $7.85 $0.00 $43.64 $15.35

$67.85 12/01/2021 $7.85 $0.00 $44.65 $15.35




LABORER - Zone 1Apprentice -

12/01/2018



Effective Date -

1 $23.19 $7.85 $15.35 $0.00 $46.39 60

2 $27.06 $7.85 $15.35 $0.00 $50.26 70

3 $30.92 $7.85 $15.35 $0.00 $54.12 80

4 $34.79 $7.85 $15.35 $0.00 $57.99 90

06/01/2019



Effective Date -

1 $23.79 $7.85 $15.35 $0.00 $46.99 60

2 $27.76 $7.85 $15.35 $0.00 $50.96 70

3 $31.72 $7.85 $15.35 $0.00 $54.92 80

4 $35.69 $7.85 $15.35 $0.00 $58.89 90

Notes:


LABORER: CARPENTER TENDERLABORERS - ZONE 1

$61.85 12/01/2018 $7.85 $0.00 $38.65 $15.35

$62.85 06/01/2019 $7.85 $0.00 $39.65 $15.35

$63.85 12/01/2019 $7.85 $0.00 $40.65 $15.35

$64.84 06/01/2020 $7.85 $0.00 $41.64 $15.35

$65.82 12/01/2020 $7.85 $0.00 $42.62 $15.35

$66.84 06/01/2021 $7.85 $0.00 $43.64 $15.35


LABORER: CEMENT FINISHER TENDERLABORERS - ZONE 1

$61.85 12/01/2018 $7.85 $0.00 $38.65 $15.35

$62.85 06/01/2019 $7.85 $0.00 $39.65 $15.35

$63.85 12/01/2019 $7.85 $0.00 $40.65 $15.35

$64.84 06/01/2020 $7.85 $0.00 $41.64 $15.35

$65.82 12/01/2020 $7.85 $0.00 $42.62 $15.35

$66.84 06/01/2021 $7.85 $0.00 $43.64 $15.35


LABORER: HAZARDOUS WASTE/ASBESTOS REMOVERLABORERS - ZONE 1

$62.00 12/01/2018 $7.85 $0.00 $38.80 $15.35

$63.00 06/01/2019 $7.85 $0.00 $39.80 $15.35





LABORER: MASON TENDERLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


LABORER: MULTI-TRADE TENDERLABORERS - ZONE 1

$61.85 12/01/2018 $7.85 $0.00 $38.65 $15.35

$62.85 06/01/2019 $7.85 $0.00 $39.65 $15.35

$63.85 12/01/2019 $7.85 $0.00 $40.65 $15.35

$64.84 06/01/2020 $7.85 $0.00 $41.64 $15.35

$65.82 12/01/2020 $7.85 $0.00 $42.62 $15.35

$66.84 06/01/2021 $7.85 $0.00 $43.64 $15.35


LABORER: TREE REMOVERLABORERS - ZONE 1

$61.85 12/01/2018 $7.85 $0.00 $38.65 $15.35

$62.85 06/01/2019 $7.85 $0.00 $39.65 $15.35

$63.85 12/01/2019 $7.85 $0.00 $40.65 $15.35

$64.84 06/01/2020 $7.85 $0.00 $41.64 $15.35

$65.82 12/01/2020 $7.85 $0.00 $42.62 $15.35

$66.84 06/01/2021 $7.85 $0.00 $43.64 $15.35

$67.85 12/01/2021 $7.85 $0.00 $44.65 $15.35This classification applies to all tree work associated with the removal of standing trees, and trimming and removal of branches and limbs when the work is not done for

a utility company for the purpose of operation, maintenance or repair of utility company equipment. For apprentice rates see "Apprentice- LABORER"

LASER BEAM OPERATORLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


MARBLE & TILE FINISHERSBRICKLAYERS LOCAL 3 - MARBLE & TILE

$70.12 08/01/2018 $10.75 $0.00 $40.40 $18.97

$70.63 02/01/2019 $10.75 $0.00 $40.91 $18.97

$71.85 08/01/2019 $10.75 $0.00 $41.99 $19.11

$72.36 02/01/2020 $10.75 $0.00 $42.50 $19.11

$73.59 08/01/2020 $10.75 $0.00 $43.58 $19.26

$74.10 02/01/2021 $10.75 $0.00 $44.09 $19.26

$75.38 08/01/2021 $10.75 $0.00 $45.21 $19.42

$75.85 02/01/2022 $10.75 $0.00 $45.68 $19.42




MARBLE & TILE FINISHER - Local 3 Marble & TileApprentice -

08/01/2018



Effective Date -

1 $20.20 $10.75 $18.97 $0.00 $49.92 50

2 $24.24 $10.75 $18.97 $0.00 $53.96 60

3 $28.28 $10.75 $18.97 $0.00 $58.00 70

4 $32.32 $10.75 $18.97 $0.00 $62.04 80

5 $36.36 $10.75 $18.97 $0.00 $66.08 90

02/01/2019



Effective Date -

1 $20.46 $10.75 $18.97 $0.00 $50.18 50

2 $24.55 $10.75 $18.97 $0.00 $54.27 60

3 $28.64 $10.75 $18.97 $0.00 $58.36 70

4 $32.73 $10.75 $18.97 $0.00 $62.45 80

5 $36.82 $10.75 $18.97 $0.00 $66.54 90

Notes:


MARBLE MASONS,TILELAYERS & TERRAZZO MECHBRICKLAYERS LOCAL 3 - MARBLE & TILE

$84.36 08/01/2018 $10.75 $0.00 $52.95 $20.66

$84.98 02/01/2019 $10.75 $0.00 $53.57 $20.66

$86.47 08/01/2019 $10.75 $0.00 $54.92 $20.80

$87.10 02/01/2020 $10.75 $0.00 $55.55 $20.80

$88.60 08/01/2020 $10.75 $0.00 $56.90 $20.95

$89.24 02/01/2021 $10.75 $0.00 $57.54 $20.95

$90.80 08/01/2021 $10.75 $0.00 $58.94 $21.11

$91.37 02/01/2022 $10.75 $0.00 $59.51 $21.11




MARBLE-TILE-TERRAZZO MECHANIC - Local 3 Marble & TileApprentice -

08/01/2018



Effective Date -

1 $26.48 $10.75 $20.66 $0.00 $57.89 50

2 $31.77 $10.75 $20.66 $0.00 $63.18 60

3 $37.07 $10.75 $20.66 $0.00 $68.48 70

4 $42.36 $10.75 $20.66 $0.00 $73.77 80

5 $47.66 $10.75 $20.66 $0.00 $79.07 90

02/01/2019



Effective Date -

1 $26.79 $10.75 $20.66 $0.00 $58.20 50

2 $32.14 $10.75 $20.66 $0.00 $63.55 60

3 $37.50 $10.75 $20.66 $0.00 $68.91 70

4 $42.86 $10.75 $20.66 $0.00 $74.27 80

5 $48.21 $10.75 $20.66 $0.00 $79.62 90

Notes:


MECH. SWEEPER OPERATOR (ON CONST. SITES)OPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


MECHANICS MAINTENANCEOPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


MILLWRIGHT (Zone 1)MILLWRIGHTS LOCAL 1121 - Zone 1

$69.72 10/01/2018 $9.90 $0.00 $41.32 $18.50

$70.62 04/01/2019 $9.90 $0.00 $42.22 $18.50




MILLWRIGHT - Local 1121 Zone 1Apprentice -

10/01/2018



Effective Date -

1 $22.73 $9.90 $5.31 $0.00 $37.94 55

2 $26.86 $9.90 $15.13 $0.00 $51.89 65

3 $30.99 $9.90 $16.10 $0.00 $56.99 75

4 $35.12 $9.90 $17.06 $0.00 $62.08 85

04/01/2019



Effective Date -

1 $23.22 $9.90 $5.31 $0.00 $38.43 55

2 $27.44 $9.90 $15.13 $0.00 $52.47 65

3 $31.67 $9.90 $16.10 $0.00 $57.67 75

4 $35.89 $9.90 $17.06 $0.00 $62.85 85

Notes:

Steps are 2,000 hours


MORTAR MIXERLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


OILER (OTHER THAN TRUCK CRANES,GRADALLS)OPERATING ENGINEERS LOCAL 4

$50.16 12/01/2018 $11.50 $0.00 $23.06 $15.60

$50.71 06/01/2019 $11.50 $0.00 $23.61 $15.60

$51.28 12/01/2019 $11.50 $0.00 $24.18 $15.60

$51.83 06/01/2020 $11.50 $0.00 $24.73 $15.60

$52.40 12/01/2020 $11.50 $0.00 $25.30 $15.60

$52.95 06/01/2021 $11.50 $0.00 $25.85 $15.60


OILER (TRUCK CRANES, GRADALLS)OPERATING ENGINEERS LOCAL 4

$54.52 12/01/2018 $11.50 $0.00 $27.42 $15.60

$55.17 06/01/2019 $11.50 $0.00 $28.07 $15.60

$55.84 12/01/2019 $11.50 $0.00 $28.74 $15.60

$56.49 06/01/2020 $11.50 $0.00 $29.39 $15.60

$57.17 12/01/2020 $11.50 $0.00 $30.07 $15.60

$57.81 06/01/2021 $11.50 $0.00 $30.71 $15.60





OTHER POWER DRIVEN EQUIPMENT - CLASS IIOPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


PAINTER (BRIDGES/TANKS)PAINTERS LOCAL 35 - ZONE 1

$79.36 01/01/2019 $8.15 $0.00 $50.36 $20.85

$80.46 07/01/2019 $8.15 $0.00 $51.46 $20.85

$81.56 01/01/2020 $8.15 $0.00 $52.56 $20.85

$82.66 07/01/2020 $8.15 $0.00 $53.66 $20.85

$83.76 01/01/2021 $8.15 $0.00 $54.76 $20.85

PAINTER Local 35 - BRIDGES/TANKSApprentice -

01/01/2019



Effective Date -

1 $25.18 $8.15 $0.00 $0.00 $33.33 50

2 $27.70 $8.15 $5.64 $0.00 $41.49 55

3 $30.22 $8.15 $6.15 $0.00 $44.52 60

4 $32.73 $8.15 $6.66 $0.00 $47.54 65

5 $35.25 $8.15 $17.78 $0.00 $61.18 70

6 $37.77 $8.15 $18.29 $0.00 $64.21 75

7 $40.29 $8.15 $18.80 $0.00 $67.24 80

8 $45.32 $8.15 $19.83 $0.00 $73.30 90

07/01/2019



Effective Date -

1 $25.73 $8.15 $0.00 $0.00 $33.88 50

2 $28.30 $8.15 $5.64 $0.00 $42.09 55

3 $30.88 $8.15 $6.15 $0.00 $45.18 60

4 $33.45 $8.15 $6.66 $0.00 $48.26 65

5 $36.02 $8.15 $17.78 $0.00 $61.95 70

6 $38.60 $8.15 $18.29 $0.00 $65.04 75

7 $41.17 $8.15 $18.80 $0.00 $68.12 80

8 $46.31 $8.15 $19.83 $0.00 $74.29 90

Notes:

Steps are 750 hrs.


PAINTER (SPRAY OR SANDBLAST, NEW) *

* If 30% or more of surfaces to be painted are new construction,

NEW paint rate shall be used.PAINTERS LOCAL 35 - ZONE 1

$76.05 01/01/2019 $8.15 $0.00 $47.05 $20.85

$77.15 07/01/2019 $8.15 $0.00 $48.15 $20.85

$78.25 01/01/2020 $8.15 $0.00 $49.25 $20.85

$79.35 07/01/2020 $8.15 $0.00 $50.35 $20.85

$80.45 01/01/2021 $8.15 $0.00 $51.45 $20.85




PAINTER Local 35 Zone 1 - Spray/Sandblast - NewApprentice -

01/01/2019



Effective Date -

1 $23.53 $8.15 $0.00 $0.00 $31.68 50

2 $25.88 $8.15 $5.64 $0.00 $39.67 55

3 $28.23 $8.15 $6.15 $0.00 $42.53 60

4 $30.58 $8.15 $6.66 $0.00 $45.39 65

5 $32.94 $8.15 $17.78 $0.00 $58.87 70

6 $35.29 $8.15 $18.29 $0.00 $61.73 75

7 $37.64 $8.15 $18.80 $0.00 $64.59 80

8 $42.35 $8.15 $19.83 $0.00 $70.33 90

07/01/2019



Effective Date -

1 $24.08 $8.15 $0.00 $0.00 $32.23 50

2 $26.48 $8.15 $5.64 $0.00 $40.27 55

3 $28.89 $8.15 $6.15 $0.00 $43.19 60

4 $31.30 $8.15 $6.66 $0.00 $46.11 65

5 $33.71 $8.15 $17.78 $0.00 $59.64 70

6 $36.11 $8.15 $18.29 $0.00 $62.55 75

7 $38.52 $8.15 $18.80 $0.00 $65.47 80

8 $43.34 $8.15 $19.83 $0.00 $71.32 90

Notes:

Steps are 750 hrs.


PAINTER (SPRAY OR SANDBLAST, REPAINT)PAINTERS LOCAL 35 - ZONE 1

$74.11 01/01/2019 $8.15 $0.00 $45.11 $20.85

$75.21 07/01/2019 $8.15 $0.00 $46.21 $20.85

$76.31 01/01/2020 $8.15 $0.00 $47.31 $20.85

$77.41 07/01/2020 $8.15 $0.00 $48.41 $20.85

$78.51 01/01/2021 $8.15 $0.00 $49.51 $20.85




PAINTER Local 35 Zone 1 - Spray/Sandblast - RepaintApprentice -

01/01/2019



Effective Date -

1 $22.56 $8.15 $0.00 $0.00 $30.71 50

2 $24.81 $8.15 $5.64 $0.00 $38.60 55

3 $27.07 $8.15 $6.15 $0.00 $41.37 60

4 $29.32 $8.15 $6.66 $0.00 $44.13 65

5 $31.58 $8.15 $17.78 $0.00 $57.51 70

6 $33.83 $8.15 $18.29 $0.00 $60.27 75

7 $36.09 $8.15 $18.80 $0.00 $63.04 80

8 $40.60 $8.15 $19.83 $0.00 $68.58 90

07/01/2019



Effective Date -

1 $23.11 $8.15 $0.00 $0.00 $31.26 50

2 $25.42 $8.15 $5.64 $0.00 $39.21 55

3 $27.73 $8.15 $6.15 $0.00 $42.03 60

4 $30.04 $8.15 $6.66 $0.00 $44.85 65

5 $32.35 $8.15 $17.78 $0.00 $58.28 70

6 $34.66 $8.15 $18.29 $0.00 $61.10 75

7 $36.97 $8.15 $18.80 $0.00 $63.92 80

8 $41.59 $8.15 $19.83 $0.00 $69.57 90

Notes:

Steps are 750 hrs.


PAINTER (TRAFFIC MARKINGS)LABORERS - ZONE 1

$61.85 12/01/2018 $7.85 $0.00 $38.65 $15.35

$62.85 06/01/2019 $7.85 $0.00 $39.65 $15.35

$63.85 12/01/2019 $7.85 $0.00 $40.65 $15.35

$64.84 06/01/2020 $7.85 $0.00 $41.64 $15.35

$65.82 12/01/2020 $7.85 $0.00 $42.62 $15.35

$66.84 06/01/2021 $7.85 $0.00 $43.64 $15.35

$67.85 12/01/2021 $7.85 $0.00 $44.65 $15.35For Apprentice rates see "Apprentice- LABORER"

PAINTER / TAPER (BRUSH, NEW) *

* If 30% or more of surfaces to be painted are new construction,

NEW paint rate shall be used.PAINTERS LOCAL 35 - ZONE 1

$74.65 01/01/2019 $8.15 $0.00 $45.65 $20.85

$75.75 07/01/2019 $8.15 $0.00 $46.75 $20.85

$76.85 01/01/2020 $8.15 $0.00 $47.85 $20.85

$77.95 07/01/2020 $8.15 $0.00 $48.95 $20.85

$79.05 01/01/2021 $8.15 $0.00 $50.05 $20.85




PAINTER - Local 35 Zone 1 - BRUSH NEWApprentice -

01/01/2019



Effective Date -

1 $22.83 $8.15 $0.00 $0.00 $30.98 50

2 $25.11 $8.15 $5.64 $0.00 $38.90 55

3 $27.39 $8.15 $6.15 $0.00 $41.69 60

4 $29.67 $8.15 $6.66 $0.00 $44.48 65

5 $31.96 $8.15 $17.78 $0.00 $57.89 70

6 $34.24 $8.15 $18.29 $0.00 $60.68 75

7 $36.52 $8.15 $18.80 $0.00 $63.47 80

8 $41.09 $8.15 $19.83 $0.00 $69.07 90

07/01/2019



Effective Date -

1 $23.38 $8.15 $0.00 $0.00 $31.53 50

2 $25.71 $8.15 $5.64 $0.00 $39.50 55

3 $28.05 $8.15 $6.15 $0.00 $42.35 60

4 $30.39 $8.15 $6.66 $0.00 $45.20 65

5 $32.73 $8.15 $17.78 $0.00 $58.66 70

6 $35.06 $8.15 $18.29 $0.00 $61.50 75

7 $37.40 $8.15 $18.80 $0.00 $64.35 80

8 $42.08 $8.15 $19.83 $0.00 $70.06 90

Notes:

Steps are 750 hrs.


PAINTER / TAPER (BRUSH, REPAINT)PAINTERS LOCAL 35 - ZONE 1

$72.71 01/01/2019 $8.15 $0.00 $43.71 $20.85

$73.81 07/01/2019 $8.15 $0.00 $44.81 $20.85

$74.91 01/01/2020 $8.15 $0.00 $45.91 $20.85

$76.01 07/01/2020 $8.15 $0.00 $47.01 $20.85

$77.11 01/01/2021 $8.15 $0.00 $48.11 $20.85




PAINTER Local 35 Zone 1 - BRUSH REPAINTApprentice -

01/01/2019



Effective Date -

1 $21.86 $8.15 $0.00 $0.00 $30.01 50

2 $24.04 $8.15 $5.64 $0.00 $37.83 55

3 $26.23 $8.15 $6.15 $0.00 $40.53 60

4 $28.41 $8.15 $6.66 $0.00 $43.22 65

5 $30.60 $8.15 $17.78 $0.00 $56.53 70

6 $32.78 $8.15 $18.29 $0.00 $59.22 75

7 $34.97 $8.15 $18.80 $0.00 $61.92 80

8 $39.34 $8.15 $19.83 $0.00 $67.32 90

07/01/2019



Effective Date -

1 $22.41 $8.15 $0.00 $0.00 $30.56 50

2 $24.65 $8.15 $5.64 $0.00 $38.44 55

3 $26.89 $8.15 $6.15 $0.00 $41.19 60

4 $29.13 $8.15 $6.66 $0.00 $43.94 65

5 $31.37 $8.15 $17.78 $0.00 $57.30 70

6 $33.61 $8.15 $18.29 $0.00 $60.05 75

7 $35.85 $8.15 $18.80 $0.00 $62.80 80

8 $40.33 $8.15 $19.83 $0.00 $68.31 90

Notes:

Steps are 750 hrs.


PANEL & PICKUP TRUCKS DRIVERTEAMSTERS JOINT COUNCIL NO. 10 ZONE A

$58.79 12/01/2018 $11.91 $0.00 $34.18 $12.70

$59.79 06/01/2019 $11.91 $0.00 $35.18 $12.70

$60.29 08/01/2019 $12.41 $0.00 $35.18 $12.70

$61.31 12/01/2019 $12.41 $0.00 $35.18 $13.72

$62.21 06/01/2020 $12.41 $0.00 $36.08 $13.72

$62.71 08/01/2020 $12.91 $0.00 $36.08 $13.72

$63.81 12/01/2020 $12.91 $0.00 $36.08 $14.82

$64.61 06/01/2021 $12.91 $0.00 $36.88 $14.82

$65.11 08/01/2021 $13.41 $0.00 $36.88 $14.82

$66.30 12/01/2021 $13.41 $0.00 $36.88 $16.01

PIER AND DOCK CONSTRUCTOR (UNDERPINNING AND

DECK)PILE DRIVER LOCAL 56 (ZONE 1)

$77.62 08/01/2018 $9.90 $0.00 $46.57 $21.15

$79.99 08/01/2019 $9.90 $0.00 $48.94 $21.15

For apprentice rates see "Apprentice- PILE DRIVER"

PILE DRIVERPILE DRIVER LOCAL 56 (ZONE 1)

$77.62 08/01/2018 $9.90 $0.00 $46.57 $21.15

$79.99 08/01/2019 $9.90 $0.00 $48.94 $21.15




PILE DRIVER - Local 56 Zone 1Apprentice -

08/01/2018



Effective Date -

1 $23.29 $9.90 $21.15 $0.00 $54.34 50

2 $27.94 $9.90 $21.15 $0.00 $58.99 60

3 $32.60 $9.90 $21.15 $0.00 $63.65 70

4 $34.93 $9.90 $21.15 $0.00 $65.98 75

5 $37.26 $9.90 $21.15 $0.00 $68.31 80

6 $37.26 $9.90 $21.15 $0.00 $68.31 80

7 $41.91 $9.90 $21.15 $0.00 $72.96 90

8 $41.91 $9.90 $21.15 $0.00 $72.96 90

08/01/2019



Effective Date -

1 $24.47 $9.90 $21.15 $0.00 $55.52 50

2 $29.36 $9.90 $21.15 $0.00 $60.41 60

3 $34.26 $9.90 $21.15 $0.00 $65.31 70

4 $36.71 $9.90 $21.15 $0.00 $67.76 75

5 $39.15 $9.90 $21.15 $0.00 $70.20 80

6 $39.15 $9.90 $21.15 $0.00 $70.20 80

7 $44.05 $9.90 $21.15 $0.00 $75.10 90

8 $44.05 $9.90 $21.15 $0.00 $75.10 90

Notes:


PIPEFITTER & STEAMFITTERPIPEFITTERS LOCAL 537

$81.63 09/01/2018 $9.95 $0.00 $52.94 $18.74

$83.13 09/01/2019 $9.95 $0.00 $54.44 $18.74

$84.63 09/01/2020 $9.95 $0.00 $55.94 $18.74




PIPEFITTER - Local 537Apprentice -

09/01/2018



Effective Date -

1 $21.18 $9.95 $7.75 $0.00 $38.88 40

2 $23.82 $9.95 $18.74 $0.00 $52.51 45

3 $31.76 $9.95 $18.74 $0.00 $60.45 60

4 $37.06 $9.95 $18.74 $0.00 $65.75 70

5 $42.35 $9.95 $18.74 $0.00 $71.04 80

09/01/2019



Effective Date -

1 $21.78 $9.95 $7.75 $0.00 $39.48 40

2 $24.50 $9.95 $18.74 $0.00 $53.19 45

3 $32.66 $9.95 $18.74 $0.00 $61.35 60

4 $38.11 $9.95 $18.74 $0.00 $66.80 70

5 $43.55 $9.95 $18.74 $0.00 $72.24 80

Notes:

** 1:3; 3:15; 1:10 thereafter / Steps are 1 yr.

Refrig/AC Mechanic **1:1;1:2;2:4;3:6;4:8;5:10;6:12;7:14;8:17;9:20;10:23(Max)


PIPELAYERLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


PLUMBERS & GASFITTERSPLUMBERS & GASFITTERS LOCAL 12

$83.52 09/01/2018 $11.82 $0.00 $55.69 $16.01

$85.02 03/01/2019 $11.82 $0.00 $57.19 $16.01

$86.52 09/01/2019 $11.82 $0.00 $58.69 $16.01

$88.02 03/01/2020 $11.82 $0.00 $60.19 $16.01

$89.52 09/01/2020 $11.82 $0.00 $61.69 $16.01

$91.02 03/01/2021 $11.82 $0.00 $63.19 $16.01




PLUMBER/GASFITTER - Local 12Apprentice -

09/01/2018



Effective Date -

1 $19.49 $11.82 $5.81 $0.00 $37.12 35

2 $22.28 $11.82 $6.59 $0.00 $40.69 40

3 $30.63 $11.82 $8.98 $0.00 $51.43 55

4 $36.20 $11.82 $10.53 $0.00 $58.55 65

5 $41.77 $11.82 $12.13 $0.00 $65.72 75

03/01/2019



Effective Date -

1 $20.02 $11.82 $5.81 $0.00 $37.65 35

2 $22.88 $11.82 $6.59 $0.00 $41.29 40

3 $31.45 $11.82 $8.98 $0.00 $52.25 55

4 $37.17 $11.82 $10.53 $0.00 $59.52 65

5 $42.89 $11.82 $12.13 $0.00 $66.84 75

Notes:

** 1:2; 2:6; 3:10; 4:14; 5:19/Steps are 1 yr

Step4 with lic$62.12, Step5 with lic$69.27


PNEUMATIC CONTROLS (TEMP.)PIPEFITTERS LOCAL 537

$81.63 09/01/2018 $9.95 $0.00 $52.94 $18.74

$83.13 09/01/2019 $9.95 $0.00 $54.44 $18.74


PNEUMATIC DRILL/TOOL OPERATORLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


POWDERMAN & BLASTERLABORERS - ZONE 1

$62.85 12/01/2018 $7.85 $0.00 $39.65 $15.35

$63.85 06/01/2019 $7.85 $0.00 $40.65 $15.35

$64.85 12/01/2019 $7.85 $0.00 $41.65 $15.35

$65.84 06/01/2020 $7.85 $0.00 $42.64 $15.35

$66.82 12/01/2020 $7.85 $0.00 $43.62 $15.35

$67.84 06/01/2021 $7.85 $0.00 $44.64 $15.35





POWER SHOVEL/DERRICK/TRENCHING MACHINEOPERATING ENGINEERS LOCAL 4

$74.68 12/01/2018 $11.50 $0.00 $47.58 $15.60

$75.78 06/01/2019 $11.50 $0.00 $48.68 $15.60

$76.93 12/01/2019 $11.50 $0.00 $49.83 $15.60

$78.03 06/01/2020 $11.50 $0.00 $50.93 $15.60

$79.18 12/01/2020 $11.50 $0.00 $52.08 $15.60

$80.28 06/01/2021 $11.50 $0.00 $53.18 $15.60


PUMP OPERATOR (CONCRETE)OPERATING ENGINEERS LOCAL 4

$74.68 12/01/2018 $11.50 $0.00 $47.58 $15.60

$75.78 06/01/2019 $11.50 $0.00 $48.68 $15.60

$76.93 12/01/2019 $11.50 $0.00 $49.83 $15.60

$78.03 06/01/2020 $11.50 $0.00 $50.93 $15.60

$79.18 12/01/2020 $11.50 $0.00 $52.08 $15.60

$80.28 06/01/2021 $11.50 $0.00 $53.18 $15.60


PUMP OPERATOR (DEWATERING, OTHER)OPERATING ENGINEERS LOCAL 4

$59.13 12/01/2018 $11.50 $0.00 $32.03 $15.60

$59.88 06/01/2019 $11.50 $0.00 $32.78 $15.60

$60.67 12/01/2019 $11.50 $0.00 $33.57 $15.60

$61.42 06/01/2020 $11.50 $0.00 $34.32 $15.60

$62.20 12/01/2020 $11.50 $0.00 $35.10 $15.60

$62.95 06/01/2021 $11.50 $0.00 $35.85 $15.60


READY MIX CONCRETE DRIVERS after 4/30/10

(Drivers Hired After 4/30/2010)TEAMSTERS LOCAL 25a

$46.38 07/01/2017 $8.48 $0.00 $28.18 $9.72

READY-MIX CONCRETE DRIVERTEAMSTERS LOCAL 25a

$49.64 07/01/2017 $8.48 $0.00 $31.44 $9.72

RECLAIMERSOPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


RIDE-ON MOTORIZED BUGGY OPERATORLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35





ROLLER/SPREADER/MULCHING MACHINEOPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


ROOFER (Inc.Roofer Waterproofng &Roofer Damproofg)ROOFERS LOCAL 33

$69.61 08/01/2018 $11.35 $0.00 $42.36 $15.90

$70.76 02/01/2019 $11.35 $0.00 $43.51 $15.90

ROOFER - Local 33Apprentice -

08/01/2018



Effective Date -

1 $21.18 $11.35 $3.69 $0.00 $36.22 50

2 $25.42 $11.35 $15.90 $0.00 $52.67 60

3 $27.53 $11.35 $15.90 $0.00 $54.78 65

4 $31.77 $11.35 $15.90 $0.00 $59.02 75

5 $36.01 $11.35 $15.90 $0.00 $63.26 85

02/01/2019



Effective Date -

1 $21.76 $11.35 $3.69 $0.00 $36.80 50

2 $26.11 $11.35 $15.90 $0.00 $53.36 60

3 $28.28 $11.35 $15.90 $0.00 $55.53 65

4 $32.63 $11.35 $15.90 $0.00 $59.88 75

5 $36.98 $11.35 $15.90 $0.00 $64.23 85

Notes: ** 1:5, 2:6-10, the 1:10; Reroofing: 1:4, then 1:1

Step 1 is 2000 hrs.; Steps 2-5 are 1000 hrs.

(Hot Pitch Mechanics' receive $1.00 hr. above ROOFER)


ROOFER SLATE / TILE / PRECAST CONCRETEROOFERS LOCAL 33

$69.86 08/01/2018 $11.35 $0.00 $42.61 $15.90

$71.01 02/01/2019 $11.35 $0.00 $43.76 $15.90For apprentice rates see "Apprentice- ROOFER"

SHEETMETAL WORKERSHEETMETAL WORKERS LOCAL 17 - A

$82.84 02/01/2018 $12.20 $2.41 $44.11 $24.12




SHEET METAL WORKER - Local 17-AApprentice -

02/01/2018



Effective Date -

1 $17.64 $12.20 $5.61 $0.00 $35.45 40

2 $17.64 $12.20 $5.61 $0.00 $35.45 40

3 $19.85 $12.20 $10.85 $1.29 $44.19 45

4 $19.85 $12.20 $10.85 $1.29 $44.19 45

5 $22.06 $12.20 $11.80 $1.38 $47.44 50

6 $22.06 $12.20 $12.05 $1.39 $47.70 50

7 $26.47 $12.20 $13.70 $1.57 $53.94 60

8 $28.67 $12.20 $14.65 $1.67 $57.19 65

9 $33.08 $12.20 $16.56 $1.86 $63.70 75

10 $37.49 $12.20 $17.96 $2.03 $69.68 85

Notes:

Steps are 6 mos.


SIGN ERECTORPAINTERS LOCAL 35 - ZONE 1

$39.93 06/01/2013 $7.07 $0.00 $25.81 $7.05

SIGN ERECTOR - Local 35 Zone 1Apprentice -

06/01/2013



Effective Date -

1 $12.91 $7.07 $0.00 $0.00 $19.98 50

2 $14.20 $7.07 $2.45 $0.00 $23.72 55

3 $15.49 $7.07 $2.45 $0.00 $25.01 60

4 $16.78 $7.07 $2.45 $0.00 $26.30 65

5 $18.07 $7.07 $7.05 $0.00 $32.19 70

6 $19.36 $7.07 $7.05 $0.00 $33.48 75

7 $20.65 $7.07 $7.05 $0.00 $34.77 80

8 $21.94 $7.07 $7.05 $0.00 $36.06 85

9 $23.23 $7.07 $7.05 $0.00 $37.35 90

Notes:

Steps are 4 mos.





SPECIALIZED EARTH MOVING EQUIP < 35 TONSTEAMSTERS JOINT COUNCIL NO. 10 ZONE A

$59.25 12/01/2018 $11.91 $0.00 $34.64 $12.70

$60.25 06/01/2019 $11.91 $0.00 $35.64 $12.70

$60.75 08/01/2019 $12.41 $0.00 $35.64 $12.70

$61.77 12/01/2019 $12.41 $0.00 $35.64 $13.72

$62.67 06/01/2020 $12.41 $0.00 $36.54 $13.72

$63.17 08/01/2020 $12.91 $0.00 $36.54 $13.72

$64.27 12/01/2020 $12.91 $0.00 $36.54 $14.82

$65.07 06/01/2021 $12.91 $0.00 $37.34 $14.82

$65.57 08/01/2021 $13.41 $0.00 $37.34 $14.82

$66.76 12/01/2021 $13.41 $0.00 $37.34 $16.01

SPECIALIZED EARTH MOVING EQUIP > 35 TONSTEAMSTERS JOINT COUNCIL NO. 10 ZONE A

$59.54 12/01/2018 $11.91 $0.00 $34.93 $12.70

$60.54 06/01/2019 $11.91 $0.00 $35.93 $12.70

$61.04 08/01/2019 $12.41 $0.00 $35.93 $12.70

$62.06 12/01/2019 $12.41 $0.00 $35.93 $13.72

$62.96 06/01/2020 $12.41 $0.00 $36.83 $13.72

$63.46 08/01/2020 $12.91 $0.00 $36.83 $13.72

$64.56 12/01/2020 $12.91 $0.00 $36.83 $14.82

$65.36 06/01/2021 $12.91 $0.00 $37.63 $14.82

$65.86 08/01/2021 $13.41 $0.00 $37.63 $14.82

$67.05 12/01/2021 $13.41 $0.00 $37.63 $16.01

SPRINKLER FITTERSPRINKLER FITTERS LOCAL 550 - (Section A) Zone 1

$86.55 01/01/2019 $9.47 $0.00 $57.98 $19.10

$88.05 03/01/2019 $9.47 $0.00 $59.48 $19.10

$89.55 10/01/2019 $9.47 $0.00 $60.98 $19.10

$91.05 03/01/2020 $9.47 $0.00 $62.48 $19.10

$92.55 10/01/2020 $9.47 $0.00 $63.98 $19.10

$94.05 03/01/2021 $9.47 $0.00 $65.48 $19.10

SPRINKLER FITTER - Local 550 (Section A) Zone 1Apprentice -

01/01/2019



Effective Date -

1 $20.29 $9.47 $9.10 $0.00 $38.86 35

2 $23.19 $9.47 $9.10 $0.00 $41.76 40

3 $26.09 $9.47 $9.10 $0.00 $44.66 45

4 $28.99 $9.47 $9.10 $0.00 $47.56 50

5 $31.89 $9.47 $9.10 $0.00 $50.46 55

6 $34.79 $9.47 $10.60 $0.00 $54.86 60

7 $37.69 $9.47 $10.60 $0.00 $57.76 65

8 $40.59 $9.47 $10.60 $0.00 $60.66 70

9 $43.49 $9.47 $10.60 $0.00 $63.56 75

10 $46.38 $9.47 $10.60 $0.00 $66.45 80

Notes: Apprentice entered prior 9/30/10:

40/45/50/55/60/65/70/75/80/85

Steps are 850 hours





STEAM BOILER OPERATOROPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


TAMPERS, SELF-PROPELLED OR TRACTOR DRAWNOPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


TELECOMMUNICATION TECHNICIANELECTRICIANS LOCAL 103

$67.32 09/01/2018 $13.00 $0.00 $37.97 $16.35

$68.15 03/01/2019 $13.00 $0.00 $38.33 $16.82




TELECOMMUNICATION TECHNICIAN - Local 103Apprentice -

09/01/2018



Effective Date -

1 $15.19 $13.00 $0.46 $0.00 $28.65 40

2 $15.19 $13.00 $0.46 $0.00 $28.65 40

3 $17.09 $13.00 $13.06 $0.00 $43.15 45

4 $17.09 $13.00 $13.06 $0.00 $43.15 45

5 $18.99 $13.00 $13.37 $0.00 $45.36 50

6 $20.88 $13.00 $13.67 $0.00 $47.55 55

7 $22.78 $13.00 $13.96 $0.00 $49.74 60

8 $24.68 $13.00 $14.26 $0.00 $51.94 65

9 $26.58 $13.00 $14.56 $0.00 $54.14 70

10 $28.48 $13.00 $14.85 $0.00 $56.33 75

03/01/2019



Effective Date -

1 $15.33 $13.00 $0.46 $0.00 $28.79 40

2 $15.33 $13.00 $0.46 $0.00 $28.79 40

3 $17.25 $13.00 $13.42 $0.00 $43.67 45

4 $17.25 $13.00 $13.42 $0.00 $43.67 45

5 $19.17 $13.00 $13.73 $0.00 $45.90 50

6 $21.08 $13.00 $14.03 $0.00 $48.11 55

7 $23.00 $13.00 $14.34 $0.00 $50.34 60

8 $24.91 $13.00 $14.66 $0.00 $52.57 65

9 $26.83 $13.00 $14.96 $0.00 $54.79 70

10 $28.75 $13.00 $15.27 $0.00 $57.02 75

Notes:


TERRAZZO FINISHERSBRICKLAYERS LOCAL 3 - MARBLE & TILE

$83.26 08/01/2018 $10.75 $0.00 $51.85 $20.66

$83.90 02/01/2019 $10.75 $0.00 $52.49 $20.66

$85.39 08/01/2019 $10.75 $0.00 $53.84 $20.80

$86.03 02/01/2020 $10.75 $0.00 $54.48 $20.80

$87.53 08/01/2020 $10.75 $0.00 $55.83 $20.95

$88.17 02/01/2021 $10.75 $0.00 $56.47 $20.95

$89.73 08/01/2021 $10.75 $0.00 $57.87 $21.11

$90.32 02/01/2022 $10.75 $0.00 $58.46 $21.11




TERRAZZO FINISHER - Local 3 Marble & TileApprentice -

08/01/2018



Effective Date -

1 $25.93 $10.75 $20.03 $0.00 $56.71 50

2 $31.11 $10.75 $20.03 $0.00 $61.89 60

3 $36.30 $10.75 $20.03 $0.00 $67.08 70

4 $41.48 $10.75 $20.03 $0.00 $72.26 80

5 $46.67 $10.75 $20.03 $0.00 $77.45 90

02/01/2019



Effective Date -

1 $26.25 $10.75 $20.03 $0.00 $57.03 50

2 $31.49 $10.75 $20.03 $0.00 $62.27 60

3 $36.74 $10.75 $20.03 $0.00 $67.52 70

4 $41.99 $10.75 $20.03 $0.00 $72.77 80

5 $47.24 $10.75 $20.03 $0.00 $78.02 90

Notes:


TEST BORING DRILLERLABORERS - FOUNDATION AND MARINE

$63.40 12/01/2018 $7.85 $0.00 $40.00 $15.55

$64.40 06/01/2019 $7.85 $0.00 $41.00 $15.55

$65.40 12/01/2019 $7.85 $0.00 $42.00 $15.55

$66.39 06/01/2020 $7.85 $0.00 $42.99 $15.55

$67.37 12/01/2020 $7.85 $0.00 $43.97 $15.55

$68.39 06/01/2021 $7.85 $0.00 $44.99 $15.55


TEST BORING DRILLER HELPERLABORERS - FOUNDATION AND MARINE

$62.12 12/01/2018 $7.85 $0.00 $38.72 $15.55

$63.12 06/01/2019 $7.85 $0.00 $39.72 $15.55

$64.12 12/01/2019 $7.85 $0.00 $40.72 $15.55

$65.11 06/01/2020 $7.85 $0.00 $41.71 $15.55

$66.09 12/01/2020 $7.85 $0.00 $42.69 $15.55

$67.11 06/01/2021 $7.85 $0.00 $43.71 $15.55


TEST BORING LABORERLABORERS - FOUNDATION AND MARINE

$62.00 12/01/2018 $7.85 $0.00 $38.60 $15.55

$63.00 06/01/2019 $7.85 $0.00 $39.60 $15.55

$64.00 12/01/2019 $7.85 $0.00 $40.60 $15.55

$64.99 06/01/2020 $7.85 $0.00 $41.59 $15.55

$65.97 12/01/2020 $7.85 $0.00 $42.57 $15.55

$66.99 06/01/2021 $7.85 $0.00 $43.59 $15.55





TRACTORS/PORTABLE STEAM GENERATORSOPERATING ENGINEERS LOCAL 4

$74.20 12/01/2018 $11.50 $0.00 $47.10 $15.60

$75.29 06/01/2019 $11.50 $0.00 $48.19 $15.60

$76.43 12/01/2019 $11.50 $0.00 $49.33 $15.60

$77.51 06/01/2020 $11.50 $0.00 $50.41 $15.60

$78.65 12/01/2020 $11.50 $0.00 $51.55 $15.60

$79.74 06/01/2021 $11.50 $0.00 $52.64 $15.60


TRAILERS FOR EARTH MOVING EQUIPMENTTEAMSTERS JOINT COUNCIL NO. 10 ZONE A

$59.83 12/01/2018 $11.91 $0.00 $35.22 $12.70

$60.83 06/01/2019 $11.91 $0.00 $36.22 $12.70

$61.33 08/01/2019 $12.41 $0.00 $36.22 $12.70

$62.35 12/01/2019 $12.41 $0.00 $36.22 $13.72

$63.25 06/01/2020 $12.41 $0.00 $37.12 $13.72

$63.75 08/01/2020 $12.91 $0.00 $37.12 $13.72

$64.85 12/01/2020 $12.91 $0.00 $37.12 $14.82

$65.65 06/01/2021 $12.91 $0.00 $37.92 $14.82

$66.15 08/01/2021 $13.41 $0.00 $37.92 $14.82

$67.34 12/01/2021 $13.41 $0.00 $37.92 $16.01

TUNNEL WORK - COMPRESSED AIRLABORERS (COMPRESSED AIR)

$74.68 12/01/2018 $7.85 $0.00 $50.88 $15.95

$75.68 06/01/2019 $7.85 $0.00 $51.88 $15.95

$76.68 12/01/2019 $7.85 $0.00 $52.88 $15.95

$77.67 06/01/2020 $7.85 $0.00 $53.87 $15.95

$78.65 12/01/2020 $7.85 $0.00 $54.85 $15.95

$79.67 06/01/2021 $7.85 $0.00 $55.87 $15.95


TUNNEL WORK - COMPRESSED AIR (HAZ. WASTE)LABORERS (COMPRESSED AIR)

$76.68 12/01/2018 $7.85 $0.00 $52.88 $15.95

$77.68 06/01/2019 $7.85 $0.00 $53.88 $15.95

$78.68 12/01/2019 $7.85 $0.00 $54.88 $15.95

$79.67 06/01/2020 $7.85 $0.00 $55.87 $15.95

$80.65 12/01/2020 $7.85 $0.00 $56.85 $15.95

$81.67 06/01/2021 $7.85 $0.00 $57.87 $15.95


TUNNEL WORK - FREE AIRLABORERS (FREE AIR TUNNEL)

$66.75 12/01/2018 $7.85 $0.00 $42.95 $15.95

$67.75 06/01/2019 $7.85 $0.00 $43.95 $15.95

$68.75 12/01/2019 $7.85 $0.00 $44.95 $15.95

$69.74 06/01/2020 $7.85 $0.00 $45.94 $15.95

$70.72 12/01/2020 $7.85 $0.00 $46.92 $15.95

$71.74 06/01/2021 $7.85 $0.00 $47.94 $15.95





TUNNEL WORK - FREE AIR (HAZ. WASTE)LABORERS (FREE AIR TUNNEL)

$68.75 12/01/2018 $7.85 $0.00 $44.95 $15.95

$69.75 06/01/2019 $7.85 $0.00 $45.95 $15.95

$70.75 12/01/2019 $7.85 $0.00 $46.95 $15.95

$71.74 06/01/2020 $7.85 $0.00 $47.94 $15.95

$72.72 12/01/2020 $7.85 $0.00 $48.92 $15.95

$73.74 06/01/2021 $7.85 $0.00 $49.94 $15.95


VAC-HAULTEAMSTERS JOINT COUNCIL NO. 10 ZONE A

$59.25 12/01/2018 $11.91 $0.00 $34.64 $12.70

$60.25 06/01/2019 $11.91 $0.00 $35.64 $12.70

$60.75 08/01/2019 $12.41 $0.00 $35.64 $12.70

$61.77 12/01/2019 $12.41 $0.00 $35.64 $13.72

$62.67 06/01/2020 $12.41 $0.00 $36.54 $13.72

$63.17 08/01/2020 $12.91 $0.00 $36.54 $13.72

$64.27 12/01/2020 $12.91 $0.00 $36.54 $14.82

$65.07 06/01/2021 $12.91 $0.00 $37.34 $14.82

$65.57 08/01/2021 $13.41 $0.00 $37.34 $14.82

$66.76 12/01/2021 $13.41 $0.00 $37.34 $16.01

WAGON DRILL OPERATORLABORERS - ZONE 1

$62.10 12/01/2018 $7.85 $0.00 $38.90 $15.35

$63.10 06/01/2019 $7.85 $0.00 $39.90 $15.35

$64.10 12/01/2019 $7.85 $0.00 $40.90 $15.35

$65.09 06/01/2020 $7.85 $0.00 $41.89 $15.35

$66.07 12/01/2020 $7.85 $0.00 $42.87 $15.35

$67.09 06/01/2021 $7.85 $0.00 $43.89 $15.35


WASTE WATER PUMP OPERATOROPERATING ENGINEERS LOCAL 4

$74.68 12/01/2018 $11.50 $0.00 $47.58 $15.60

$75.78 06/01/2019 $11.50 $0.00 $48.68 $15.60

$76.93 12/01/2019 $11.50 $0.00 $49.83 $15.60

$78.03 06/01/2020 $11.50 $0.00 $50.93 $15.60

$79.18 12/01/2020 $11.50 $0.00 $52.08 $15.60

$80.28 06/01/2021 $11.50 $0.00 $53.18 $15.60


WATER METER INSTALLERPLUMBERS & GASFITTERS LOCAL 12

$83.52 09/01/2018 $11.82 $0.00 $55.69 $16.01

$85.02 03/01/2019 $11.82 $0.00 $57.19 $16.01

$86.52 09/01/2019 $11.82 $0.00 $58.69 $16.01

$88.02 03/01/2020 $11.82 $0.00 $60.19 $16.01

$89.52 09/01/2020 $11.82 $0.00 $61.69 $16.01

$91.02 03/01/2021 $11.82 $0.00 $63.19 $16.01For apprentice rates see "Apprentice- PLUMBER/PIPEFITTER" or "PLUMBER/GASFITTER"

Outside Electrical - East

CABLE TECHNICIAN (Power Zone)OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$36.70 09/03/2017 $7.75 $0.00 $27.14 $1.81

For apprentice rates see "Apprentice- LINEMAN"

CABLEMAN (Underground Ducts & Cables)OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$55.73 09/03/2017 $7.75 $0.00 $38.45 $9.53





DRIVER / GROUNDMAN CDLOUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$48.85 09/03/2017 $7.75 $0.00 $31.66 $9.44


DRIVER / GROUNDMAN -Inexperienced (<2000 Hrs)OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$34.38 09/03/2017 $7.75 $0.00 $24.88 $1.75


EQUIPMENT OPERATOR (Class A CDL)OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$59.81 09/03/2017 $7.75 $0.00 $38.45 $13.61


EQUIPMENT OPERATOR (Class B CDL)OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$51.88 09/03/2017 $7.75 $0.00 $33.92 $10.21


GROUNDMANOUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$34.38 09/03/2017 $7.75 $0.00 $24.88 $1.75


GROUNDMAN -Inexperienced (<2000 Hrs.)OUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$29.71 09/03/2017 $7.75 $0.00 $20.35 $1.61


JOURNEYMAN LINEMANOUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$69.59 09/03/2017 $7.75 $0.00 $45.23 $16.61

LINEMAN (Outside Electrical) - East Local 104Apprentice -

09/03/2017



Effective Date -

1 $27.14 $7.75 $3.31 $0.00 $38.20 60

2 $29.40 $7.75 $3.38 $0.00 $40.53 65

3 $31.66 $7.75 $3.45 $0.00 $42.86 70

4 $33.92 $7.75 $5.02 $0.00 $46.69 75

5 $36.18 $7.75 $5.09 $0.00 $49.02 80

6 $38.45 $7.75 $5.15 $0.00 $51.35 85

7 $40.71 $7.75 $7.22 $0.00 $55.68 90

Notes:


TELEDATA CABLE SPLICEROUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$37.83 02/05/2018 $4.70 $0.00 $29.98 $3.15

$38.60 02/04/2019 $4.70 $0.00 $30.73 $3.17

TELEDATA LINEMAN/EQUIPMENT OPERATOROUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$36.02 02/05/2018 $4.70 $0.00 $28.22 $3.10

$36.77 02/04/2019 $4.70 $0.00 $28.93 $3.14

TELEDATA WIREMAN/INSTALLER/TECHNICIANOUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$36.02 02/05/2018 $4.70 $0.00 $28.22 $3.10

$36.77 02/04/2019 $4.70 $0.00 $28.93 $3.14

TREE TRIMMEROUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$22.06 01/31/2016 $3.55 $0.00 $18.51 $0.00

This classification applies only to tree work done: (a) for a utility company, R.E.A. cooperative, or railroad or coal mining company, and (b) for the purpose of

operating, maintaining, or repairing the utility company’s equipment, and (c) by a person who is using hand or mechanical cutting methods and is not on the ground.

This classification does not apply to wholesale tree removal.

TREE TRIMMER GROUNDMANOUTSIDE ELECTRICAL WORKERS - EAST LOCAL 104

$19.87 01/31/2016 $3.55 $0.00 $16.32 $0.00




This classification applies only to tree work done: (a) for a utility company, R.E.A. cooperative, or railroad or coal mining company, and (b) for the purpose of

operating, maintaining, or repairing the utility company’s equipment, and (c) by a person who is using hand or mechanical cutting methods and is on the ground. This

classification does not apply to wholesale tree removal.

Additional Apprentice Information:

Minimum wage rates for apprentices employed on public works projects are listed above as a percentage of the pre-determined hourly wage rate established by the

Commissioner under the provisions of the M.G.L. c. 149, ss. 26-27D. Apprentice ratios are established by the Division of Apprenticeship Training pursuant to M.G.L.

c. 23, ss. 11E-11L.

All apprentices must be registered with the Division of Apprenticeship Training in accordance with M.G.L. c. 23, ss. 11E-11L.

All steps are six months (1000 hours.)

Ratios are expressed in allowable number of apprentices to journeymen or fraction thereof, unless otherwise specified.

** Multiple ratios are listed in the comment field.

*** APP to JM; 1:1, 2:2, 2:3, 3:4, 4:4, 4:5, 4:6, 5:7, 6:7, 6:8, 6:9, 7:10, 8:10, 8:11, 8:12, 9:13, 10:13, 10:14, etc.

**** APP to JM; 1:1, 1:2, 2:3, 2:4, 3:5, 4:6, 4:7, 5:8, 6:9, 6:10, 7:11, 8:12, 8:13, 9:14, 10:15, 10:16, etc.


Appendix B – Term Contract Work Order Forms

1. Term Contract Work Order Form & Certificate of Completion

2. Term Contract Work Order Daily Log

3. Term Contractor’s Requisition and Payment Certification

MPA Project No. MPA Term Contract No.: Work Order No.:

Title: Contract Title : Date:

Location: Location :

TERM CONTRACT WORK ORDERSECTION 1 TO BE FILLED OUT BY CONTRACTOR ONLYContractor Company Name: Address:

Description of Work:

Start Date : Finish Date:

No. of Workers X Hours X Hourly Rate 1. Labor $ - 2. Materials X 12.5% $ - 3. Subcontractor X 7.5% $ - 4. Rental Equipment X 7.5% $ -

TOTAL $ - Contract Type: Lump Sum* please check box that applies Time & Materials

Unit PricingNote: All Work Orders are not-to-exceed without written authorization.

(Please print name)

Contractor: Title:

Signature ______________________________________________ Date:

SECTION 2 TO BE FILLED OUT BY MPA FACILITY/FUNDING MANAGER ONLY This signature gives the Contractor the authority to execute the work described in Section 1

(Please print name)CLASS

Title: UNIT

Signature ______________________________________________ Date: ACCOUNT (Please print name) LOCATION

PURPOSETerm Contract Mgr.

Signature ______________________________________________ Date: (no signature required if Capital work)

CERTIFICATION OF COMPLETION The undersigned states that this work was SATISFACTORY & COMPLETED

(Please print name)

Title:Date:

Signature _____________________________________________ * Please sign here in the event that the

Signature _____________________________________________ work described is only PARTIALLY complete

cc: Project Manager REVISED 3/2/16APPENDIX B

COST ESTIMATE

Funding Manager:

Facility Representative

TERM CONTRACT WORK ORDER

DAILY LOG

H:\Engineer\Staff\MYERS\JOBS\AP1713 FY17‐19 Waterfront Repair Term Contract\Bid Documents\Word

Files\Term Contract Work Order Daily Log_110411.docx APPENDIX B

Contractor’s Name: _____________________________________________________________

Project: _______________________________________________________________________ MPA Project No.: ___________________ Work Order No.: ____________________ Date: ________________ Day of Week: ______________ Weather: _________________ Start time: ____________ Finish time: _______________

1. Description of Work today ____________________________________________________________

_____________________________________________________________________________________

2. Equipment in use, arrived, departed. Note idle equipment and reason therefor ________________

_____________________________________________________________________________________

3. Number of men working, by trades for both General Contractor and Subcontractor ______________

_____________________________________________________________________________________

4. Materials arrived, accepted, rejected, stored _____________________________________________

_____________________________________________________________________________________

NOTE: MPA Term Contractor for this Work Order is responsible for completing this form and obtaining the necessary signatures.

Contractor’s Site Foreman (please print) Title:

Signature: Date:

Authorized MPA Representative Name: (please print) Title:

Signature: Date:

Cc: Project Manager

Distribution: Term Contract Manager, Project File, Project Manager, Accounting J. Miskinis , Project Controls, Contractor, Consultant H:\Engineer\Standard Documents\Forms and Templates\Construction\REQUISITIONS-Capital and Operating Term rev 2016-1-29.xlsx/Term Partial Final Revised 08-04-2014

(please circle if it is Partial or Final)

Contract Title:check box for change

of address

Current Contract Completion Date: mm/dd/yy

Current Contract Amount: $ REJECTED:

FUNDING PROJECT NO. PROJECT TITLE CLASS UNIT ACCOUNT LOCATION CODE

PURPOSE CODE

PROJECT PHASE CONTRACT PHASE PAYMENT THIS

PERIOD

$0.00

$0.00

Previous Periods This Period Total to Date$0.00 $0.00

Date:

Title:

Amount Due This Requisition:

Recommended for Payment: By: Title: Trust Engineer Date:

Recommended for Payment: By: Title: Date:

By: Title: Date:

Approved if >$500,000 By: Title: Date:

By: Title: Date:

Deputy Director, Capital Programs and Environmental Affairs

Note: Director's Approval Required on Final RequisitionDirector, Capital Programs and Environmental Affairs

Project Manager

Approved if < $500,000 or Recommend Approval if > $500,000 Program Mgr. Horizontal/Vertical or A/E

Period Ending: mm/dd/yy

Telephone No.:MPA Proj. Manager

FUNDING PM INITIALS

Summary Totals - Value of Work Completed/Earned

Contractor:

By:

$0.00

CONTRACTOR'S CERTIFICATE: I hereby certify under the penalties of perjury that payments have been made to all subcontractors in compliance with the provisions of Section 39F of Chapter 30 of the General Laws of the Commonwealth of Massachusetts and the applicable provisions of the Davis-Bacon Act, that this requisition is correct for work done and materials furnished for the period shown and that payment has not been received

FFS/GRANT

CAPITAL ONLY

Contractor: Period Beginning: mm/dd/yy

Address:

MASSACHUSETTS PORT AUTHORITYConstruction Contractor's TERM PARTIAL and FINAL Requisition and Certification

MPA Contract No. : Legal No. : MPA Purchase Order No: Requisition No.:

Appendix C – Recycling and Trenching

1. Recycled Materials Monthly Report

2. Trench Permit Application

MPA Contract No. & Name:

Name of General Contractor:

Contract Amount:

Contract Start Date: Contract End Date:

Period Beginning: Period Ending:

%

Recycled

Content

Help Massport achieve its goal of

ZERO Landfilled Waste by 2020

Soil/Materials Sent to Solid Waste Facility Item No./Section of Quantity (Tons)

Soil/Materials Sent to Recycling Facility Item No./Section of Quantity (Tons)

Item No./Section of

Contract Scope Quantity (Tons)Soil/Materials Reused on site

Massachusetts Port AuthorityRecycled Materials

Monthly Report

Soil/Materials Reused on site Item No./Section of Quantity (Tons)

Capital Programs & Environmental Affairs Trenching Application Check List

H:\Engineer\Standard Documents\Forms and Templates\Construction\Trench_Permit_Application 2010 09 23.docx Page 1 of 12

TAA/MPA Project Number and Name: Date Submitted: Start Date: End Date:

1. MPA/TAA Project Name & Number

2. Start Date/End Date

3. Dig Safe Number

4. Date submitted

5. Excavating Company Name

6. Competent Person’s Information

7. Trench Site Location and Address

8. General Contractors’ Information

9. Construction License Information

10. Insurance Information

11. Location of Trench(s), Description of Type, Length and Depth of Proposed Trench and its Purpose

12. Excavator Operator’s Signature

13. Authorized Excavation Company Representative’s Signature

14. MPA Project Manager’s Signature

Attachments Required

15. Copy of Excavator Operator’s License

16. Copy of Excavators Operator’s Medical Card

17. Copy of Excavator Operator’s OSHA Card (10 Hr minimum)

18. Copy of Insurance Certificate with Massport Named as Additional Insured

19. Work Plan Describing Work to be Done, How Excavation is Protected, Location and Signage to be Posted.

20. Site Location Plan

21. Drawings of Proposed Excavation(s)

* Authorization: All the information listed above has been reviewed and confirmed to be valid and accurate.

Signature: Date: MPA Project Manager

Return-Additional Information Required Date: Comments

Capital Programs and Environmental Affairs

Trench Permit Application


Massachusetts Port Authority One Harborside Drive East Boston, MA 02128-2909 Pursuant to G.L.C.82A § 1 and 520 CMR 7.00 et seq. (as amended) Telephone (617) 568-5000 Fax (617) 568-3515 www.massport.com MPA/TAA Project Name and Number: Start Date

End Date Dig Safe Number Date Submitted #1) #2) #3) #4) This Permit Application must be completed, with attachments, and submitted two weeks in advance of proposed date of excavation by MPA project manager to [email protected].

Excavator Operator’s Information

Excavating Company Name: Street Address: #5)

City/Town: State: Zip: Phone:

Excavation Company’s Contact Person Name & Title Office Phone: Cell Phone: Home Phone:

Excavators Name: 24 hr. Phone Number: Hoisting License Number: License Grade Expiration Date

Name of Competent Person on Excavation Site: (as defined by 520CMR7.02) 24 hr Phone Number:

#6)

Trench Site Location: Street Address: City: Zip: #7)

General Contractor Name and Address: (if different than excavator) Contact Persons Name 24 hr Phone Number:

#8)

Construction License Information

Name of Construction License Holder: Title: License Number: Class: Expiration Date:

#9)

Insurers Information

Attach required Certificate of Insurance With Massport Named as Additional Insured

Insurer’s Company Name: Street Address:

#10) City/Town: State: Zip: Phone:

Insurance Certificate Number: Policy Limits: Policy Expiration Date:

http://www.massport.com/

mailto:[email protected]

Capital Programs and Environmental Affairs

Project Trenching Permit Application


Please describe the length, width, depth and purpose of trench(s) and how excavation will be protected. #11)

Attach work plan, site location plan and drawings(s) of proposed excavations.

BY SIGNING THIS FORM, THE APPLICANT, OWNER, AND EXCAVATOR ALL ACKNOWLEDGE AND CERTIFY THAT BEFORE COMMENCEMENT OF THE WORK, THEY ARE FAMILIAR WITH ALL LAWS AND REGULATIONS APPLICABLE TO WORK PROPOSED, INCLUDING OSHA REGULATIONS, G.L. c. 82A, 520 CMR 7.00 et seq., AND ANY APPLICABLE ORDINANCES, BY-LAWS AND REGULATIONS AND COVENANT AND AGREE THAT ALL WORK DONE UNDER THE PERMIT ISSUED FOR SUCH WORK WILL COMPLY THEREWITH IN ALL RESPECTS AND WITH THE CONDITIONS SET FORTH BELOW. THE UNDERSIGNED OWNER AUTHORIZES THE APPLICANT TO APPLY FOR THE PERMIT AND THE EXCAVATOR TO UNDERTAKE SUCH WORK ON THE PROPERTY OF THE OWNER, AND ALSO, FOR THE DURATION OF CONSTRUCTION, AUTHORIZES PERSONS DULY APPOINTED BY MASSPORT TO ENTER UPON THE PROPERTY TO MONITOR AND INSPECT THE WORK FOR CONFORMITY WITH THE CONDITIONS ATTACHED HERETO AND THE LAWS AND REGULATIONS GOVERNING SUCH WORK. THE UNDERSIGNED APPLICANT, OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO REIMBURSE MASSPORT FOR ANY AND ALL COSTS AND EXPENSES INCURRED BY MASSPORT IN CONNECTION WITH THIS PERMIT AND THE WORK CONDUCTED THERE UNDER, INCLUDING BUT NOT LIMITED TO ENFORCING THE REQUIREMENTS OF STATE LAW AND CONDITIONS OF THIS PERMIT, INSPECTIONS MADE TO ASSURE COMPLIANCE THEREWITH, AND MEASURES TAKEN BY MASSPORT TO PROTECT THE PUBLIC WHERE THE APPLICANT OWNER OR EXCAVATOR HAS FAILED TO COMPLY THEREWITH INCLUDING POLICE DETAILS AND OTHER REMEDIAL MEASURES DEEMED NECESSARY BY MASSPORT. THE UNDERSIGNED APPLICANT, OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MASSPORT AND ALL OF ITS AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY, CAUSES OR ACTION, COSTS, AND EXPENSES RESULTING FROM OR ARISING OUT OF ANY INJURY, DEATH, LOSS, OR DAMAGE TO ANY PERSON OR PROPERTY DURING THE WORK CONDUCTED UNDER THIS PERMIT.

#12) EXCAVATOR’S SIGNATURE DATE PLEASE PRINT NAME

#13) COMPANY REPSENTATIVE SIGNATURE DATE PLEASE PRINT NAME

#14) MASSPORT’S PROJECT MANAGER’S SIGNATURE DATE PLEASE PRINE NAME

Massport Closeout Information

Reviewed by: Title: Phone Number: Date:

Comments:

Capital Programs & Environmental Affairs Summary of State and OSHA

Trenching Requirements


CONDITIONS AND REQUIREMENTS PURSUANT TO G.L.C.82A AND 520 CMR 7.00 et seq. (as amended)

By signing the application, the applicant understands and agrees to comply with the following:

i. No trench may be excavated unless the requirements of sections 40 through 40D of chapter 82, and any accompanying regulations, have been met and this permit is invalid unless and until said requirements have been complied with by the excavator applying for the permit including, but not limited to, the establishment of a valid excavation number with the underground plant damage prevention system as said system is defined in section 76D of chapter 164 (DIG SAFE);

ii. Trenches may pose a significant health and safety hazard. Pursuant to Section 1 of Chapter 82 of the General Laws, an excavator shall not leave any open trench unattended without first making every reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving said open trench unattended. Excavators should consult regulations promulgated by the Department of Public Safety in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by said department in order to make every reasonable effort to eliminate said safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry.

iii. Persons engaging in any trenching operation shall familiarize themselves with the federal safety

standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CFR 1926.650 et.seq., entitled Subpart P “Excavations”.

iv. Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment

subject to chapter 146 shall only employ individuals licensed to operate said equipment by the Department of Public Safety pursuant to said chapter and this permit must be presented to said licensed operator before any excavation is commenced;

v. By applying for, accepting and signing this permit, the applicant hereby attests to the following: (1)

that they have read and understands the regulations promulgated by the Department of Public Safety with regard to construction related excavations and trench safety; (2) that he has read and understands the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CMR 1926.650 et.seq., entitled Subpart P “Excavations” as well as any other excavation requirements established by this municipality; and (3) that he is aware of and has, with regard to the proposed trench excavation on private property or proposed excavation of a city or town public way that forms the basis of the permit application, complied with the requirements of sections 40-40D of chapter 82A.

vi. This permit shall be posted in plain view on the site of the trench.

For additional information please visit the Department of Public Safety’s website at www.mass.gov/dps

http://www.mass.gov/dps




Summary of Excavation and Trench Safety Regulation (520 CMR 14.00 et seq.)

This summary was prepared by the Massachusetts Department of Public Safety pursuant to G.L.c.82A and does not include all requirements of the 520 CMR 14.00. To view the full regulation and G.L.c.82A, go to www.mass.gov/dps.Pursuant to M.G.L. c. 82, § 1, the Department of Public Safety, jointly with the Division of Occupational Safety, drafted regulations relative to trench safety. The regulation is codified in section 14.00 of title 520 of the Code of Massachusetts Regulations. The regulation requires all excavators to obtain a permit prior to the excavation of a trench made for a construction-related purpose on public or private land or rights-of-way. All municipalities must establish a local permitting authority for the purpose of issuing permits for trenches within their municipality. Trenches on land owned or controlled by a public (state) agency requires a permit to be issued by that public agency unless otherwise designated. In addition to the permitting requirements mandated by statute, the trench safety regulations require that all excavators, whether public or private, take specific precautions to protect the general public and prevent unauthorized access to unattended trenches. Accordingly, unattended trenches must be covered, barricaded or backfilled. Covers must be road plates at least ¾” thick or equivalent; barricades must be fences at least 6’ high with no openings greater than 4” between vertical supports; backfilling must be sufficient to eliminate the trench. Alternatively, excavators may choose to attend trenches at all times, for instance by hiring a police detail, security guard or other attendant who will be present during times when the trench will be unattended by the excavator. The regulations further provide that local permitting authorities, the Department of Public Safety, or the Division of Occupational Safety may order an immediate shutdown of a trench in the event of a death or serious injury; the failure to obtain a permit; or the failure to implement or effectively use adequate protections for the general public. The trench shall remain shutdown until re-inspected and authorized to re-open provided, however, that excavator shall have the right to appeal an immediate shutdown. Permitting authorities are further authorized to suspend or revoke a permit following a hearing. Excavators may also be subject to administrative fines issued by the Department of Public Safety for identified violations.

http://www.mass.gov/dps




Summary of 1926 CFR Subpart P -OSHA Excavation Standard

This is a worker protection standard, and is designed to protect employees who are working inside a trench. This summary was prepared by the Massachusetts Division of Occupational Safety and not OSHA for informational purposes only and does not constitute an official interpretation by OSHA of their regulations, and may not include all aspects of the standard. For further information or a full copy of the standard go to www.osha.gov

• Trench Definition per the OSHA standard:

o An excavation made below the surface of the ground, narrow in relation to its length. o In general, the depth is greater than the width, but the width of the trench is not greater than

fifteen feet. • Protective Systems to prevent soil wall collapse are always required in trenches deeper than 5’, and are

also required in trenches less than 5’ deep when the competent person determines that a hazard exists. Protection options include:

o Shoring. Shoring must be used in accordance with the OSHA Excavation standard appendices, the equipment manufacturer’s tabulated data, or designed by a registered professional engineer.

o Shielding (Trench Boxes). Trench boxes must be used in accordance with the equipment manufacturer’s tabulated data, or a registered professional engineer.

o Sloping or Benching. In Type C soils (what is most typically encountered) the excavation must extend horizontally 1 ½ feet for every foot of trench depth on both sides, 1 foot for Type B soils, and ¾ foot for Type A soils.

o A registered professional engineer must design protective systems for all excavations greater than 20’ in depth.

• Ladders must be used in trenches deeper than 4’. o Ladders must be inside the trench with workers at all times, and located within 25’ of

unobstructed lateral travel for every worker in the trench. o Ladders must extend 3’ above the top of the trench so workers can safely get onto and off of the

ladder. • Inspections of every trench worksite are required:

o Prior to the start of each shift, and again when there is a change in conditions such as a rainstorm.

o Inspections must be conducted by the competent person (see below). • Competent Person(s) is:

o Capable (i.e., trained and knowledgeable) in identifying existing and predictable hazards in the trench, and other working conditions which may pose a hazard to workers, and

o Authorized by management to take necessary corrective action to eliminate the hazards. Employees must be removed from hazardous areas until the hazard has been corrected.

• Underground Utilities must be: o Identified prior to opening the excavation (e.g., contact Digsafe). o Located by safe and acceptable means while excavating. o Protected, supported, or removed once exposed.

• Spoils must be kept back a minimum of 2’ from the edge of the trench. • Surface Encumbrances creating a hazard must be removed or supported to safeguard employees. Keep

heavy equipment and heavy material as far back from the edge of the trench as possible.

http://www.osha.gov/




• Stability of Adjacent Structures: o Where the stability of adjacent structures is endangered by creation of the trench, they must be

underpinned, braced, or otherwise supported. o Sidewalks, pavements, etc. shall not be undermined unless a support system or other method of

protection is provided. • Protection from water accumulation hazards:

o It is not allowable for employees to work in trenches with accumulated water. If water control such as pumping is used to prevent water accumulation, this must be monitored by the competent person.

o If the trench interrupts natural drainage of surface water, ditches, dikes or other means must be used to prevent this water from entering the excavation.

• Additional Requirements: o For mobile equipment operated near the edge of the trench, a warning system such as barricades

or stop logs must be used. o Employees are not permitted to work underneath loads. Operators may not remain in vehicles

being loaded unless vehicles are equipped with adequate protection as per 1926.601(b)(6). o Employees must wear high-visibility clothing in traffic work zones. o Air monitoring must be conducted in trenches deeper than 4’ if the potential for a hazardous

atmosphere exists. If a hazardous atmosphere is found to exist (e.g., O2 <19.5% or >23.5%, 20% LEL, specific chemical hazard), adequate protections shall be taken such as ventilation of the space.

o Walkways are required where employees must cross over the trench. Walkways with guardrails must be provided for crossing over trenches > 6’ deep.

o Employees must be protected from loose rock or soil through protections such as scaling or protective barricades.

Q. What do the Trench Safety Regulations (520 CMR 14.00) require?

A. Generally, the Trench Safety Regulations require that unattended trenches be made safe for the General Public. Pursuant to the

regulations enabling statute, MGL c. 82A, the Trench Safety Regulations, included in 520 CMR 14.00, require excavators to obtain a

permit prior to creating a trench on public or private property; require excavators to undertake certain safety precautions to make

unattended trenches safe for the general public and prevent unauthorized access; and subject excavators to penalties, including

fines, for the failure to comply with the regulations. An “unattended trench” is defined as “a trench where neither the permit holder,

excavator, or any of the people who work in or at the trench are present.” It is important to note that these regulations require action to

be taken by permit holders ahead of time to secure unattended trenches. These regulations do not prescribe worker safety regulations

for employees in or at trenches, nor are the regulations intended to protect the general public from hazards inherent in trenches while

the trenches are attended.

http://www.mass.gov/legis/laws/mgl/gl-82a-toc.htm




Q. What is a trench?

A. According to MGL c. 82A, §4 and 520 CMR 14.02, a trench is defined as “an excavation which is narrow in relation to its length,

made below the surface ground in excess of three feet below grade and the depth of which is, in general, greater than the width, but the

width of the trench, as measured at the bottom, is not greater than 15 feet.” It is important to note that this definition differs from the

definition of “trench” included in the OSHA Regulation 1926 Subpart P—Excavations. Below, please find a side-by-side comparison of

the definitions for what constitutes a trench and what the different regulations require when a trench exists:

OSHA Regulation 1926 Subpart P—Excavations 520 CMR 14.02

Protective systems not required for excavations less than 5’ in depth (1926.652)

General Public protections not required when excavations are less than 3’ below grade or the depth is less than the width

A trench may consist completely of soil walls or may consist of a soil wall and another barrier, such as the

wall of a placed foundation.

A trench is composed wholly of soil walls for purposes of this regulation, including permitting; the placement of a foundation implies the necessity of a building permit and adherence to the State Building

Code, which incorporates many of the same or similar protections for the General Public.

Requires the use of a “protective system” such as trench boxes or shoring to protect employees from cave-ins

which may result in injuries or death.

Requires a permit and the implementation of protections to protect the General Public from unauthorized access to trenches, which may result in injuries or death.

Q. Why do the regulations require a permit to create a trench?

A. The regulations require excavators to obtain a permit because the statute requires excavators to obtain permit. See MGL c. 82A,

§2. The permit ensures that the city, town or public agency is aware of trenches being created within its jurisdiction and also ensures

that excavators are put on notice with regard to the safety requirements for trenches because permitting authorities are required to

attach summaries of OSHA Regulation 1926 Subpart P-Excavations and the Excavation and Trench Safety Regulations included at 520

CMR 14.00, passed pursuant to MGL c. 82A.

Q. What is a permitting authority?

A. A permitting authority is defined within the regulations as “a city, town or public agency required to administer the provisions of 520

CMR 14.03 [Permitting Requirements].” The statute, MGL c. 82A, §2, states that “each city, town, or public agency shall designate 1

board or officer to issue permits for the excavation of trenches on privately owned land and for the excavation of a public way of a city

or town.” Under Article 89 of the Massachusetts Constitution, municipalities may choose to enact a by-law or regulation designating the

board or officer that will act as the permitting authority for that city or town. While there are no prerequisites for designation as the

permitting authority, the Department of Public Safety and the Division of Occupational Safety recommend the delegation to an individual

or board/department presumed to have knowledge of excavation safety already, which may include local building officials or the

building department; the fire chief or fire department; a DPW supervisor or board; or the city/town engineer.

http://www.mass.gov/legis/laws/mgl/82a-4.htm








Q. I am an excavator. Where may I obtain a permit and what is required?

A. Who you obtain the permit from will depend on who owns or, in the case of a state agency, who owns or has care and control of the

land on which you wish to make a trench. If the land is owned by a municipality or is private property, then the excavator must obtain a

permit from the permitting authority as designated by the city or town. Cities and towns are authorized by statute to charge a

reasonable fee for the permit. If the land is owned or controlled by a public agency or a public agency otherwise has a property interest

in the land, such as in the case of an easement, then the excavator must obtain a permit from the permitting authority designated by

that state agency.

To obtain a permit, the excavator must submit a completed application; a certificate of insurance indicating general liability coverage of

$100,000 per person and $300,000 per claim or evidence of self-insurance in an equal amount (pursuant to MGL c. 82A, §2); and the

required fee, where applicable. The regulations at 520 CMR 14.03(4) require the excavator to provide the following information on the

permit application:

• the Dig Safe number;

• Name & contact information for the permit holder (the person filing for the permit);

• Name and contact information of the excavator (the company performing the excavation);

• Name of the competent person;

• Name of the person(s) performing the excavation of the trench;

• Massachusetts hoisting license number for each person operating hoisting machinery during the excavation;

• Permit expiration date (where applicable);

• Specific location of the trench;

• Name and contact information of the insurer

The trench permit is similar to a street opening permit and the application for a trench permit may be included with that permit. Once

issued, the permit must be posted in plain view at the trench worksite, such as in the window of a construction trailer.

Q. May permitting authorities charge fees for trench permits?

A.Yes. Municipal permitting authorities may charge a reasonable fee to cover the administrative costs of permitting the trench

excavation. See MGL c. 82A, §2 and 520 CMR 14.03(6). This fee is at the discretion of the municipality to determine what is

reasonable in light of its administrative needs.

Q. Can permitting authorities impose time restrictions on issuing permits, such as requiring applicants to apply for the permit at least three days prior the planned excavation?

A. There is no explicit prohibition in the requlations, and the permitting authority is allowed to impose stricter regulations.





Q. Are excavators expected to obtain a permit before responding to an emergency, such as a water main break?

A. NO. Permits are not required prior to creating a trench in response to an emergency. “Emergency” is defined in 520 CMR 14.02 as

“an unforeseen condition in which the safety of the public is in imminent danger because of a threat to life or health or where immediate

correction is required to maintain or restore essential public utility service.” However, the excavator should complete a permit

application with the permitting authority by the next business day, at the latest.

Q. I own a large construction company that frequently performs large jobs and may use multiple sub-contractors. I don’t always know who the individual operating the excavation equipment or competent person will be at any one time on a complex project that may take several weeks or more, so how am I supposed to complete the permit application?

A. The Department of Public Safety and Division of Occupational Safety anticipate that the scope may vary from project to

project. Accordingly, the permitting authority should realize that the specific competent person and person performing the excavation

may change on complex projects. Therefore, information may be updated as necessary during the course of the project, provided

however, that by pulling the permit, the permit holder impliedly agrees to act reasonably to ensure that up-to-date information is

provided to the permitting authority.

Q. What are the permitting requirements if I am creating a trench for a project that crosses municipal lines or jurisdictional lines, such as from state-owned land onto private property?

A. You must obtain a permit from each relevant permitting authority.

Q. What is a competent person and who on the excavation crew should this person be?

A. A “competent person” is defined in the regulations as: “A person or persons who is capable of identifying existing and predictable

hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to people, and who has

authorization to take prompt corrective measures to eliminate them. A competent person must be able to demonstrate that he or she

has been trained in and is knowledgeable about: soil analysis, the use of protections for the General Public and the requirements of this

regulation.” The first sentence of the definition is taken directly from OSHA’s regulations.

The competent person should be an individual who is well-versed in the procedures for reporting problems and knows where to obtain

assistance to take corrective action. The Division of Occupational Safety, the agency responsible for oversight of worker safety in the

Commonwealth, recommends that the competent person at a trench worksite be an individual that holds a Massachusetts hoisting

license because this individual must already be familiar with the laws relevant to excavations, including the pertinent state and federal

regulations.




Q. What are municipalities and public agencies required to do under the trench regulations?

A. Municipalities and public agencies are required to 1) establish a permitting authority; 2) require permits for the creation of a trench on

a public way, public property, or private property located within the municipality; 3) shut down trenches where violations are found; and

4) regulate municipal departments that create trenches. Municipalities or public agencies that act as excavators are not exempt from

these regulations and must adhere to the same standards for obtaining a permit and implementing protections for the General Public

required of other excavators. Municipalities and state agencies are not required to inspect trenches and excavators are not required to

“pass” a municipal or state inspection to be allowed to receive a trench permit. Nevertheless, when permitting authorities, the DOS, or

the DPS are put on notice of a potential violation of chapter 82A or 520 CMR 14.00, they are authorized to investigate the possible

violation and take action where a violation is determined to exist. Actions that municipal permitting authorities may take include

immediately shutting down a trench site where a violation is found. Permitting authorities may further suspend or revoke a permit

following the opportunity for an administrative hearing.

Q. What are the safety precautions that I must take as an excavator?

A. Whenever a trench will be unattended an excavator must take measures to provide adequate protections for the general public that

will prevent unauthorized access to the unattended trench. According to 520 CMR 14.02, an “unattended trench” is “a trench where

neither the permit holder, excavator, nor any of the people who work in or at the trench are present.” When a trench is going to be

unattended, excavators may choose one of 4 options to make the trench safe:

• erect a fence that is at least 6’ tall with openings no greater than 4” between vertical supports;

• use a roadplate that is at least 3/4” thick steel;

• post an attendant such as a police detail or flag man at the trench; or

• backfill the trench before leaving.

Q. I own a private construction company that already adheres to the OSHA requirements for protecting my employees’ safety when they work in trenches. Aren’t these Trench Safety regulations redundant?

A. No. OSHA’s regulations apply to worker safety and require the use of a “protective system” such as a trench box or shoring to

protect employees from cave-ins. The trench regulations do not regulate worker safety. Rather, the Excavation and Trench Safety

regulations at 520 CMR 14.00 regulate protections that construction companies, municipalities, state agencies, or any person that

creates a trench must adhere to for the purpose of protecting the General Public. Moreover, while OSHA’s regulations apply while

workers are present in, at, or around the trench, the regulations at 520 CMR 14.00 apply when the trench is unattended. By definition,

an “unattended trench” is one where workers are not present in or at the trench. For a side-by-side comparison of the OSHA

regulations and 520 CMR 14.00 see the table, above.

Q. Is a trench permit required for cemetery burials?

A. No. According to the statute, MGL c. 82A, §1, the regulations and the requirement for a permit apply to “all construction related

excavations and trench safety.” Cemetery burials are not “construction related” and therefore do not require a permit.





Q. Is a trench permit required for farms?

A. Yes, if the trench is construction related. Whenever a construction related trench is created a permit is required under MGL c. 82A,

§1.

Q. What action, if any, may a permitting authority take if it finds a violation of 520 CMR 14.00?

A. If the permitting authority or an inspector from DPS or DOS identifies a serious threat to public safety, he or she may order an

immediate shutdown of the trench worksite. Conditions warranting the immediate shutdown of a trench include a fatality of serious

injury to a member of the General Public; the failure to use effective protections for the General Public; the failure to obtain a permit; or

any other condition that constitutes a serious threat to life, limb, or property of the General Public as determined by the permitting

authority. An appeal from the immediate shutdown may be made to the permitting authority or DPS/DOS. The appeal must be made

within 10 calendar days of the shutdown. The trench worksite may not operate again until such time as the entity ordering the

shutdown has reinspected the worksite and is satisfied that protections for the General Public are in use.

Where the permitting authority determines that the threat to public safety may warrant the suspension or revocation of the trench

permit, the permitting authority may convene a hearing in accordance with the Massachusetts Administrative Procedures Act, MGL c.

30A.

In addition to a post-hearing suspension or revocation, the DPS is statutorily authorized to also assess administrative fines against an

excavator. See MGL c. 82A, §1. The Department of Public Safety sends a written notice of intent to impose administrative fines, which

may be up to $5,000.00 per violation, to the violator. The party alleged to have violated the regulations may then request a

hearing. Hearings are not held prior to the assessment of a fine, but must be requested in writing and must be filed with the

Department of Public Safety within 10 calendar days of receipt of the notice of violation. The failure to make a timely request for a

hearing shall constitute a waiver of the right to a hearing. All hearings shall be convened by a Hearing Officer of the Department of

Public Safety and shall be held in accordance with MGL c. 30A.






Appendix D – Security Badging Requirements

1. Security Badge Program Policies and Procedures, Logan International Airport, East Boston Massachusetts

2. Maritime Security Badge Process and TWIC Security Identification Process

Revised 09/2013 APPENDIX D Page 1 of 8

SECURITY MEDIA REQUIREMENTS FOR

BOSTON-LOGAN INTERNATIONAL AIRPORT PROJECTS

The following procedures shall apply to all projects at Boston-Logan International Airport, which require a Contractor Responsible Party (as that term is defined below) to be present in a Security Identification Display Area (SIDA), Sterile Area or Public Area. The Contractor is responsible for complying with all Authority policies, procedures, rules and regulations, including without limitation those set forth herein, and all applicable federal, state and local laws, rules and regulations, as any of the aforesaid may change from time to time.

A. Airport Security Badges

SIDA Badges - The Contractor shall ensure that each of its employees, members, officers, agents, guests, invitees or volunteers and employees, members, officers, agents, guests, invitees or volunteers of its subcontractors of any tier (any of whom may be referred to individually as a “Contractor Responsible Party” and all of whom may be collectively referred to herein as “Contractor Responsible Parties”) who are present in a SIDA, Sterile Area or Public Area are properly displaying security media, in accordance with this Exhibit and all applicable federal and state laws, the rules, regulations and all directives of the Authority and other governmental entities.

The term “SIDA” shall have the meaning ascribed to it by 49 C.F.R. 1540.5, and shall include, without limitation: (1) all ramp and apron areas, (2) all runways and taxiways, (3) perimeter service road, (4) vehicle service road, (5) hangar areas and areas of cargo facilities from which individuals may access any portion of the aerodrome without passing through an access controlled portal, and (6) baggage makeup areas/baggage rooms. The term “Sterile Area” shall have the meaning ascribed to it by 49 C.F.R. 1540.5, and shall include, without limitation, all areas of the passenger terminals which are accessed through a TSA security checkpoint during their hours of operation, or when the TSA checkpoints are not in operation, those areas of the passenger terminals which are accessible only through a portal controlled by the Access Control System (ACS).

All Contractor Responsible Parties who require access to a SIDA or a Sterile Area for more than thirty (30) days over any twelve (12) month period must apply for an Unescorted Access Badge. Any Contractor Responsible Party who requires access to a SIDA or Sterile Area for a period of thirty (30) days or fewer over any twelve (12) month period may apply for a Temporary Visitor Pass (TVP). TVPs shall only be issued for business purposes. TVPs are issued in-hand only at the Security Badge Office (SBO) and North/South Gates, and only after presentation of valid government-issued photo identification and satisfactory completion of a criminal background check. A TVP Request Form must be completed accurately and submitted to the SBO in advance using the SBO TVP Request Form. The SBO requires up to a four (4) hour timeframe to issue and process a TVP. Requests for TVPs at the North/South Gates are authorized only when the SBO is closed for TVP issuance, and when access to the airfield is required immediately using the vehicle gates. Otherwise, the North/South Gates will issue TVPs only in emergency situations. This protocol is not to be circumvented because of convenience or late submission of the TVP Request Form.


The Authority reserves the right to limit the number of badges requested per request (i.e., large “block” requests) at the North/South Gates. Large block requests for TVP badges may be directed to the SBO for processing and pick-up, at the discretion of the Authority. Failure to comply with the TVP policy may impact the privilege to receive TVPs in the future.

SBO TVP business hours are:

Monday – Thursday from 0700 – 1500 and Friday from 0700 – 1200.

A TVP is valid only for the calendar day on which it is issued, except that a Contractor Responsible Party who has filed an application for an Unescorted Access Badge may be issued a TVP that is valid for twenty-one (21) consecutive days (not to exceed 30 days/calendar year). A person who has been issued a TVP must return it to the Authority before he/she is issued an Unescorted Access Badge. Contractor Responsible Parties who are issued a TVP must be escorted by an individual properly displaying his/her Unescorted Access Badge at all times while in a SIDA or Sterile Area. The TVP holder and his/her escort are jointly and severally responsible for ensuring that proper escorting procedures are followed. SIDA Badge holders must accompany and monitor an escorted party in a manner that is sufficient to determine whether the escorted party is engaged in activities other than those for which escorted access was granted. All Contractor Responsible Parties in a SIDA or Sterile Area shall remain within the immediate geographic vicinity of their assigned job site at all times. Security media must be worn on the outermost garment above the waist and below the neck, and be visible at all times while in a SIDA or a Sterile Area. Failure to properly display security media may result in a fine, revocation of the security media, and/or removal of the Contractor Responsible Party from the SIDA or Sterile Area.

All applicants for a SIDA badge shall undergo a fingerprint-based criminal history records check, as required by 49 C.F.R. 1542.209 and a Security Threat Assessment. The Authority will retain control and responsibility for the maintenance and destruction of the criminal history records, in accordance with federal law. Applicants who refuse to be fingerprinted and/or undergo the FBI criminal history records check will be denied an Unescorted Access Badge.

All applicants for a SIDA badge shall complete a minimum of three computer-based training modules (approximately 3 hours) prior to receiving an initial Unescorted Access Badge and each renewal Unescorted Access Badge.

Public Side Identification (PSID) Badges - The PSID will be issued to all employees and/or contractors who do not require a SIDA badge and work exclusively in the public areas of the terminals. The PSID will not authorize a badge holder to enter any Secure Area of the airport, pass through any ACS doors or to go through the TSA Security Checkpoint. Applications will be accepted from the Badge Coordinators only and each Badge Coordinator must complete the Badge Coordinator training class. The application process will require the submission of an “Application for Public Side Identification” along with the appropriate documentation from the “List of Acceptable


Documents”. Once the application has been submitted the applicant’s information will be submitted to the Transportation Security Administration (TSA) for a Security Threat Assessment (STA). Once the STA has been approved the company will be notified and the applicant will be able to pick up their badge. At the time of badging the applicant must bring the original of same ID’s that were submitted with the application. The PSID will be valid for the most restrictive of the following: two years from the date of issuance, the length of the contract or until the expiration of the badge holder’s Work Authorization /Resident Alien card. Any person who does not successfully complete the STA will be ineligible to receive a PSID. The PSID must be worn at all times while working. It must be worn on the outmost garment between the neck and the waist. Security Badge Coordinator - The Contractor shall appoint Security Badge Coordinator(s) (a maximum of three) who shall be responsible for ensuring that all Contractor Responsible Parties complete all applicable training and application requirements prior to submitting any application for security media. The Security Badge Coordinator must attend a Security Badge Coordinator training class before he/she will be authorized to sign off on security media applications. It shall be the Contractor’s responsibility to contact the Security Badge Office for a schedule of required training classes. The Authority’s Security Badge Office will provide the required training materials and application processing instructions to the Security Badge Coordinator. The Contractor’s Security Badge Coordinator shall provide to the Authority documentation confirming that all Contractor Responsible Parties applying for security media have received all applicable training. Such documentation, which shall be a part of the security media application, shall include the date and location of the training, and the name of the instructor who conducted the training.

The Contractor assumes full responsibility for ensuring that all Security Badge and TVP applications are properly completed and that all security media issued to Contractor Responsible Parties is returned to the Authority upon expiration or termination, as applicable. The Authority may at any time require Contractor, at Contractor’s expense, to verify the accountability of all security media issued to Contractor Responsible Parties. Within twenty-four (24) hours after the expiration of this Agreement or completion of the services under this Agreement, whichever comes first, the Contractor shall return to the Authority’s Security Badge Office all security media issued to all Contractor Responsible Parties in connection with this Agreement. During the term of this Agreement, the Contractor shall immediately return to the Authority’s Security Badge Office any security media issued to any Contractor Responsible Party whose employment has been terminated, or who no longer requires access to a SIDA, Sterile or Public Area, or whose security media has expired.

All applications for an Unescorted Access Badge must be submitted to the Security Badge Office with payment of all applicable fees at least ten (10) business days prior to the need for access to the SIDA or a Sterile Area. All applications for a TVP must be submitted to the Security Badge Office at least four (4) hours prior to the visitor’s arrival. The Contractor shall pay the Authority, in accordance with the fee schedule herein, for each Unescorted Access Badge that is unaccounted for, lost, missing, or not returned to


the Authority within the applicable time period set forth above. Final payment to the Contractor may be withheld or reduced pending the Contractor’s return of all Unescorted Access Badges to the Authority. All Unescorted Access Badges that cannot be accounted for must be reported immediately to the Authority’s Security Badge Office at (617) 561-1706 between the hours of 8:30 a.m. to 2:30 p.m., Monday, Wednesday and Thursday; 8:30 a.m. to 6:00 p.m., Tuesday, and 6:30 a.m. to 12:00 p.m., Friday and to the Authority’s Operations Department at (617) 561-3304, after hours and during weekends.

Failure to comply with these requirements, as they may change from time to time, shall constitute a material breach of this Agreement and/or a violation of the regulations of the Massachusetts Port Authority, and the TSA-approved Boston-Logan International Airport Security Program, and shall be subject to the applicable penalties for each violation.

Security media issued by the Authority remains property of the Authority, and is subject to revocation at any time without notice or cause.

Additional Terms and Conditions:

1. Except if otherwise expressly set forth elsewhere in Contractor's Agreement with the Authority, Contractor's compliance with this security media program shall be considered incidental to Contractor's work and no further or additional payment will be made therefor by the Authority to the Contractor.

2. In addition to the above requirements, any Contractor performing work in the U.S. Customs and Border Protection Security Area or Federal Inspection Services Area may be required to obtain further authorization as determined by the U.S. Customs and Border Protection Service (USCBP), Officer in Charge. No separate payment will be made to the Contractor for U.S. Customs and Border Protection Service authorization, the costs of which are considered a subsidiary part of this Agreement. See Section E, below, for the USCBP requirements, which are subject to change at the sole discretion of the USCBP.

3. Fees for security media are as follows:

Initial Issue of SIDA Badge: $41 per badge SIDA Fingerprinting: $39 per badge Renewal of Unescorted Access Badge: $41 per badge Initial Issue of PSID Badge $10 per badge PSID Renewal $10 per badge Temporary Visitor Pass $5 per TVP

Penalties for unaccounted for (lost/stolen/not returned to the Authority) Unescorted Access Badges will be assessed in accordance with the Authority’s regulations. Replacement Unescorted Access Badges shall require, at a minimum, a new application and payment of an application fee in addition to any penalty levied. Penalties and application fees are subject to change without notice.


B. Airfield Driver License

One of the following types of driver licenses is available to applicants who have a valid Unescorted Access Badge, and have successfully completed the driver’s training courses required by the Authority:

1. Class I: Restricts operation of a motor vehicle to the Vehicle Service Road (VSR) and the ramp and apron areas immediately around the footprint of the terminal building.

2. Class IIB: Permits operation of a motor vehicle on the VSR, the Perimeter Road and, in some cases, the inner and outer taxiways.

3. Class III: Permits operation of a motor vehicle on all areas of the Aerodrome, including active aircraft areas, runways and taxiways.

All motor vehicle operators shall be subject to applicable rules and regulations governing the operation of motor vehicles on the Aerodrome. In addition to the SIDA computer-based training, all licensed airfield drivers shall complete the computer-based “Non Movement Driver Training” module prior to receiving an initial Unescorted Access Badge and each renewal Unescorted Access Badge. Applicants applying for Class IIB or Class III licenses shall require additional training by the Authority’s Operations Department.

C. Vehicle Aerodrome Permits

All vehicles authorized to access to the Aerodrome shall be equipped with Vehicle Aerodrome Permits issued by the Authority’s Aviation Security Department. A fee shall be charged for each Vehicle Aerodrome Permit. Said fee shall be determined in accordance with the schedule of fees for Vehicle Aerodrome Permits maintained by the Authority’s Department of Aviation Security. To be eligible for a Vehicle Aerodrome Permit, each vehicle must (1) be in a good state of repair, (2) have a valid motor vehicle inspection sticker, (3) clearly display company identification on each side, and (4) pass an inspection conducted by the State Police. In addition, satisfactory evidence of required insurance coverage and a copy of the vehicle registration must be submitted with the Vehicle Aerodrome Permit application form, showing limits approved in advance by the Authority’s Risk Management Department.

The Contractor shall forward each Vehicle Aerodrome Permit application to the Authority's Project Manager, who will send it to the Authority’s Aviation Parking Violations Department for processing. Vehicle Aerodrome Permits shall be issued only to the Contractor; therefore, the Contractor must provide sufficient personnel and escort vehicles to comply with the Authority’s rules and regulations. The contractor will be required to provide copies of the following: Massachusetts Vehicle Inspection, vehicle registration and driver insurance. The application must be signed by the Massport Project Manager.

D. ZERO TOLERANCE POLICY


The Authority maintains a ZERO TOLERANCE POLICY with respect to security violations. All violators shall be subject to the penalties set forth in 740 CMR 21.99, 740 CMR 22.99, 740 CMR 30.00, and 740 CMR 31, as applicable, including but not limited to: (1) a fine not to exceed $2,000.00; (2) suspension of and/or disqualification from receiving an Unescorted Access Badge or a TVP; (3) revocation of an Unescorted Access Badge, a TVP, and/or privileges to perform aviation or commercial services on the airport; (4) removal of the individual from the Sterile Area or SIDA; and/or (5) criminal prosecution.

E. Access to U.S. Customs and Border Protection Security Area

The Contractor shall ensure that all Contractor Responsible Parties working in the USCBP Security Area or Federal Inspection Services area in furtherance of the work hereunder obtain a U.S. Customs access seal issued by the USCBP. Each employee shall be required to openly display an approved USCBP access seal at all times while in the USCBP Security Area (as defined below). Failure to comply with CFR Title 19, Section 122.182 shall constitute a violation, and shall be subject to the penalties set forth therein for each violation. The Contractor, at the conclusion of the work hereunder, shall return to the USCBP all access seals issued to persons performing any work whatsoever hereunder. The Contractor shall pay the USCBP a $1,000.00 (one thousand dollar) fine for every access seal not returned to the USCBP at the completion of the work hereunder. Final payment to the Contractor may be withheld or reduced until all access seals are accounted for and/or returned.

1. Definition of “U.S. Customs Security Area”

In accordance with Section 122.181 of the U.S. Customs Regulations, Subpart S (19 CFR 122.181), the term “U.S. Customs Security Area” means the Federal Inspection Services (FIS) area which is designated for processing international passengers, crew, their baggage and effects arriving from or departing to foreign countries. The FIS area includes the aircraft jetways and ramp area, and other restricted areas as designated by the U.S. Customs Port Director. The following describes applicable U.S. Customs Security Zones at Logan International Airport:

ZONE 1 – Encompasses the “Customs” and “Immigration” halls, including the jetways and aircrafts when international passengers and/or crew are present. (Red seals required/black seals NOT authorized)

ZONE 2 – Encompasses the international ramp area. This includes the jetways and aircrafts only after international passengers and/or crew have deplaned and cleared the jetway. (Red seals or black seals required)

With the exception of Federal, uniformed State and local law enforcement, and aircraft passengers or crew, all persons located at, operating out of, or employed by any airport accommodating international air commerce (including its tenants and/or contractors) must openly display an approved U.S. Customs seal issued by the USCBP Security Office.

If the Contractor or any of its employees, subcontractors, suppliers, agents, vendors, or materialmen fails to comply with any of the USCBP regulations


applicable to the U.S. Customs Security Area at Logan International Airport, the principal and surety on the U.S. Airport Customs Security Area bond may be held liable for liquidated damages in the amount of $1,000 per violation.

2. U.S. Customs Airport Security Bond Provisions

The Contractor shall in accordance with CFR Title 19, Section 122.182 secure an Airport Customs Security Area bond with a surety company holding a certificate of authority acceptable for issuing federal bonds. Each bond shall be secured for a minimum of $25,000.00 (twenty-five thousand dollars), depending on the number of employees who will require a U.S. Customs access seal. Before the required access seal is issued by the USCBP, the Contractor will be liable for liquidated damages to the USCBP for any violations of the U.S. Customs Security Area requirements. No applications for U.S. Customs access seals, or requests for U.S. Customs temporary badges or seals (described below), will be processed until the Contractor has secured a bond in accordance with the aforementioned requirements.

The Contractor may not seek additional compensation from the Authority or its representatives for any federal bonding requirements, the cost of penalties incurred as a result of failure to return a U.S. Customs access seal, or any charges or losses incurred that are incidental to payment withholding resulting from the above.

3. Temporary U.S. Customs Access Seals

When an approved U.S. Customs access seal is required under 19 CFR 122.182(a), and the U.S. Customs Port Director determines that the application cannot be administratively processed in a reasonable period of time, the Contractor may, upon written request, be issued a temporary U.S. Customs access seal for the employee in question. The Contractor must satisfy the U.S. Customs Port Director that a hardship will result if the request is not granted. Surety on the Airport Customs Security Area bond as required by 19 CFR 122.182(c) may be waived at the discretion of the U.S. Customs Port Director, but only for the period of the temporary U.S. Customs access seal and its renewal period. This seal will be valid for a period deemed necessary, at the discretion of the U.S. Customs Port Director, and may be extended if the circumstances remain the same.

Persons who require temporary access to the U.S. Customs Security Area may obtain a U.S. Customs access seal valid for not more than thirty (30) days. Official visitor access seals will be valid for the day of issuance only. Access seals for both temporary and official visitors are renewable for periods equal to their original periods of validity. Temporary access seals WILL NOT be issued to applicants waiting for permanent seals. The request for temporary access must be made in advance and in writing.

The Contractor will be responsible for the timely return of all temporary U.S. Customs access seals. The applicant may be required to submit fingerprints. If required, the Federal Bureau of Investigation user fee for conducting fingerprint


checks and the U.S. Customs administration-processing fee must be tendered at the time of application.

4. Quarterly Reporting Requirement

In accordance with Subsection 122.184(c), the Contractor shall submit (a) quarterly reports to the USCBP Security Office on the first day of January, April, July and October in the form required under said Subsection, and (b) a separate report setting forth any additions or deletions since the last quarterly report in the form required under said Subsection. The Contractor is responsible for the certification and maintenance of said reports and other documents as required under Subsections 122.181 and 122.189. Failure to submit these reports or to adhere to the aforementioned reporting requirements can result in liquidated damages against the Contractor’s security bond.

5. Additional Information

Additional information concerning access to the U.S. Customs Service Security Area at Logan International Airport, and these and other requirements pertinent thereto, can be obtained from the USCBP Security Seal Coordinators, (617) 568-1810 or (617) 568-3780.

Appendix E – Crane Permitting

1. Crane Requirement Checklist

2. Crane Authorization Package

Capital Programs & Environmental Affairs Crane Requirements

Check List

TAA/MPA Project Name & Number Date Submitted: Start Date: End Date:

Copy of Insurance Certificate with Massport Named as Additional Insured

Copy of Annual Inspection by A Qualified Independent Crane Inspector

Copy of Monthly Crane Safety Inspections

Copy of Operators Current/Valid Crane Operators License (Operators must meet ANSI Standards B-30.5 Section 5-3.1.2)

Copy of Operators Medical Card

Copy of Operators 10 Hr OSHA Card

Copy of Crane Specifications and Load Capacity Charts

Site Location Drawing

Work Plan that Includes But Not Limited to the Following Site Drawings, Crane Location, Item(s) to be Lifted, Load Weight, Lift Path and Radius, Boom Height, Time of Day/Night, Attachment Points for Rigging, Obstructions in the Load Path, Occupied Building Yes/No

Crane is Equipped with FAA Required Flag Marker and Light System in Accordance with FAA Advisory Circular 70/7460-1K

Authorization I, as Project Manager for MPA have checked each item listed above and confirm that all such items are correct and in order. Signature Date:

Return-Additional Information Required \\locdata\lochome\scoppenr\My Documents\ERNIE SILVA\Crane Requirement Check List.doc

Mobile Crane and Rigging Operations Summary of State, Federal and OSHA Requirements

H:\Engineer\Staff\MYERS\JOBS\AP1713 FY17-19 Waterfront Repair Term Contract\Bid Documents\Word Files\Crane_Authorization_Package.2010.09.23.docx Page 1 of 9

Subsection 1 Scope Subsection 2 Responsibility Subsection 3 Inspection Subsection 4 Operator Qualifications Subsection 5 Obstruction Marking and Lighting Subsection 6 Crane Load Capacity Charts Subsection 7 Critical Lifts Subsection 8 Crane Operation Subsection 9 Crane Work Near Overhead Electric Or Hazardous Pipe Lines Subsection 10 Floating Cranes Subsection 11 Crane or Derrick Suspended Work Platforms Subsection 12 Rigging Equipment 1. Scope This procedure outlines project requirements for control, inspection and operation of on-site Contractor cranes and rental cranes. This procedure does not relieve the Contractor of his responsibility to comply with OSHA crane standards in Subpart N and the Contractor's requirements for complying with Massport & FAA Airfield Operation Area rules covering Contractor crane operations. 2. Responsibility Contractor supervisors and equipment operators are responsible for inspection, operation and control of mobile cranes as outlined in this procedure.

If a qualified Contractor crane inspector is not resident on site to conduct crane

inspections and verification of crane operator's qualification as required in subsections 3 and 4 below, the Contractor shall meet this requirement by other means. For example:

- Qualify a Contractor employee at the site via Crane Inspection & Certificate

Bureau or a similar agency. - Arrange for a qualified crane inspector from another construction job site of the

Contractor.

- Secure the services of an independent crane inspection agency to verify the inspection/qualification requirements.



3. Inspection Contractor and rental cranes must arrive on site in a safe operating condition.

Before a crane is allowed to perform work on a Massport project and before a crane is allowed to access the airside through the North or South gate Contractors shall provide evidence to Massport of an annual inspection by an independent crane inspection and testing company for each crane and associated rigging equipment brought on Massport property. Upon entering the site and monthly thereafter, all cranes shall be inspected for safety by a qualified Contractor crane inspector in accordance with the appropriate crane manufacturer’s inspection criteria or the safety inspection checklist. This inspector may be a member of the Contractor’s staff.

Contractors will be responsible for having their Subcontractors comply with this mobile crane safety procedure and perform crane inspections for their Subcontractors if the Subcontractors do not have a qualified crane inspector.

Contractors will be responsible for furnishing completed crane safety inspection checklist forms on a monthly basis for both Contractor and Subcontractor cranes.

4. Operator Qualifications Prior to a crane being used on site the Contractor and their Subcontractors shall provide documentation in the form of a current/valid Crane Operator’s License to certify that their crane operators meet minimum requirements and those of the most recent edition of ANSI Standards B-30.5, Section 5-3.1.2, outlined below.

B-30.5-3.1.2 Qualification for Operators

Operators shall be required to pass a practical operating examination. Examination shall

be limited to the specific type of equipment that he will operate. Operators shall meet the following physical qualifications: - Have vision of at least 20/30 (Snellen Chart) in one eye, and 20/50 in the other,

with or without glasses. - Be able to distinguish red, green, and yellow, regardless of position of colors, if

color differentiation is required for operation. - Hearing, with or without hearing aid, must be adequate for the specific operation.



- A history of epilepsy or of a disabling heart condition shall be sufficient reason for his/her disqualification.

5. Obstruction Marking and Lighting Construction cranes shall be marked by flag markers and shall be provided with lighting systems in accordance with FAA Advisory Circular 70/7460-1K including the following requirements: Flag Markers: Cranes shall be marked with flags 3’ or larger. Flags should be a checkerboard pattern of aviation orange and white squares each 1’ (0.3m) plus or minus 10 percent. Flag markers should be displayed around, on top, or around the highest edge of the obstruction. Lighting Systems: Cranes working on Massport projects must be equipped with lighting systems in accordance with FAA requirements. Since there is such a variance in construction cranes, derricks, oil and other drill rigs each case of temporary construction lighting equipment should be considered individually. Lights should be installed according to the standards given in Chapters 5,6,7, or 8 of AC 70/7460-1K or as they would apply to permanent structures. Cranes that are not equipped with required flag markers and lighting systems will not be allowed airside and will not be allowed to operate on Massport projects. 6. Crane Load Capacity Charts Contractor's crane load capacity charts are normally based on 85% where tipping governs.

On a Massport Project, the Contractor's crane load lifting capacities shall be restricted to 75% where tipping governs. A value to comply with this restriction may easily be obtained by reducing capacities on the posted crane by 10%.

No crane shall exceed the 75% where tipping governs load capacity without prior approval. 7. Critical Lifts A. Definition: A critical lift is when any of the following conditions exist:

The load exceeds 75% of the crane capacity as shown on applicable crane manufacturer's load (capacity) charts for the configuration to be used

Lifts involving more than one crane to handle a common load



Use of a crane or lifting device in an application that deviates from manufacturer’s recommendations including but not limited to:

- Boom configuration not in accordance with the boom make-up chart - Moving a crane with longer boom than recommended - Exceeding capacities or restrictions shown on the load chart

B. Written Critical Lift Plan: The Contractor shall prepare a written critical lift plan for all critical lifts (Appendix G – sample critical lift checklist). The following information should be included:

Why the lift is critical Type of crane Boom length Boom angle Radius Confirmation of load weight may be necessary Dimensions of load Attachment points for rigging Obstructions in path of load Rigging hardware Crane operator's qualifications

C. Approvals If the Contractor anticipates any deviation from crane manufacturer's recommendations, the Contractor shall secure approval from the manufacturer.

NOTE: Cranes are rated while performing in a level position, on a solid surface, with no wind conditions considered. 8. Crane Operation Only the following qualified personnel shall operate cranes:

Designated operators as per State or City laws

Maintenance and test personnel when they have the specific training and hands-on work experience to operate, test or maintain the type of crane that they are servicing

Qualified Crane Inspectors



Maintain continuous contact, visual or vocal, between the crane operator and one qualified signalman. If for any reason contact is lost, the crane operator shall stop all operations and not resume any crane function until full contact is restored.

The crane must be sufficient capacity and proper type (crawler, rough terrain, truck cranes, mechanical or hydraulic) to fulfill all requirements of the work without endangering personnel or equipment.

Outriggers on all truck cranes shall be fully extended and set for all lifts. Lifts made with outriggers partially extended and set require Contractor Safety Coordinator approval. No pick and carry lifts are to be made with truck cranes.

Rough terrain cranes operated in stationary position shall have outriggers fully extended and set before any lift is made.

Pick and carry loads with rough terrain should be avoided. Where necessary to do so, the following applies:

Use the load chart on rubber. Investigate route to be followed for solid and level footing. Restrict travel speed to maintain control of the load. Tie load to the frame of the crane. Personnel will not touch the load for any reason. In addition to the previous item, tag

lines will be used for control of the load, if required. Where possible, outriggers should be extended and set within a few inches of ground

level. Establish positively the weight of the load before handling. Check brakes and machine stability when load is still only inches above the ground.

The operator must not attempt any lift for which he/she feels conditions are inadequate. The Contractor shall develop a procedure for changing or disassembly of crane booms that shall include a checklist to be used and signed by the Contractor Crane Foreman. Consideration should be given to having the manufacturer's representative present.

The operator shall observe the following precautions when leaving the control station of a machine:

Disengage the master clutch Lower bucket or crane load to the ground Set safety pawls on all drums where these are operated manually Set the swing brake and travel brakes to prevent machine movement when left unattended

for short periods and operator remains in immediate area



When crane is left unattended for extended periods of time or the operator leaves the immediate area, all brakes and locks shall be engaged

Cranes shall be operated smoothly, avoiding sudden stops and starts.

The hoist line must be vertical at all times.

At no time shall personnel be positioned beneath suspended loads.

No one is permitted to ride the hook or the load.

The boom hoist drum pawl should be engaged at all times except when lowering the boom. Do not get on or off a machine when it is in motion. No adjustment repair, repair, or lubrication permitted on moving machinery unless required by the manufacturer.

Work within 15 feet of electric lines requires a special procedure and permit that must be posted in the cab.

All loads require a tag line.

No toolboxes, oil cans, choker racks, water coolers or similar additions may be placed in the radius of the swing of the counterweight where a person could conceivably be crushed. Swing radius of the counterweight must be barricaded.

Lifts associated with steel erection and concrete bucket handling are the only crane operations where free-fall can be used. Any deviation requires special approval by the Safety Coordinator. Assure that annual inspections of lifting equipment as required by OSHA are kept current. 9. Crane Work near Overhead Electric or Hazardous Pipe Lines The Contractor's Site Manager in charge of the work, Massport's Electrical Supervisor, and the Contractor’s Safety Coordinator shall meet to review the scope of work.

These individuals will decide whether:

The line will be shut down; The crane will be grounded; If an Electrical Department stand-by man is necessary; If protective equipment must be worn.



NOTE: Employees handling tag lines or attaching or disconnecting loads must wear tested Linemen's gloves of adequate voltage rating with protectors and rubber footwear as per OSHA standards.

The committee outlined above will give written approval to proceed with the work after all precautions specified on the permit have been enacted. No crane shall be operated under these conditions unless:

A signalman is present whose sole function shall be to assure that clearances are maintained.

Signs and barricades warning personnel to stay clear are posted around the crane.

The crane operator is the only person on the rig under any high-tension line. Booms must

be lowered or tied off, using load line.

Precautions noted in this procedure apply to all electric lines. Similar considerations must be given to piping systems that contain potentially hazardous materials.

Correct identification of all overhead electric lines is vital since there is considerable resemblance between some high voltage lines and "telephone" lines.

All crane operators will be instructed to stay on the rig in case of contact with any electrical lines. 10. Floating Cranes New load rating charts shall be mounted on the crane when the load ratings are reduced to stay within the limits for list of the barge. Mobile cranes on barges shall be positively secured. Floating cranes and derricks shall comply with the requirements of 1926.550(f). Requirements for the protection of employees working onboard marine vessels outlined in 1926.605 shall be followed. 11. Crane or Derrick Suspended Work Platforms Both the Contractor’s Safety Coordinator and the Massport Safety Office shall verify the Contractor's need to use crane or derrick suspended work platforms, attend pre-lift Contractor's meetings and will witness all suspended work platform test lifts.



Contractor-owned or leased crane or derrick suspended work platforms shall be periodically inspected for soundness, and adequately maintained according to the applicable Federal, state, and/or city standards. Personnel on the crane or derrick suspended work platform shall adhere to applicable Federal OSHA standards -1926.550. 12. Rigging Equipment Rigging equipment for material handling shall be inspected prior to use on each shift and as necessary during use to ensure that it is safe. The Contractor's Safety Coordinator shall acquire all relevant rigging equipment test certificates immediately upon the arrival of the Contractor's rigging equipment on site. Damaged/defective rigging shall be removed from service and discarded immediately.


Capital Programs & Environmental Affairs Crane Requirements

Check List TAA/MPA Project Number & Name: Date Submitted: Start Date: End Date:

Copy of Insurance Certificate with Massport Named as Additional Insured

Copy of Annual Inspection by A Qualified Independent Crane Inspector

Copy of Previous Daily Crane Safety Inspections

Copy of Operators Current/Valid Crane Operators License (Operators must meet ANSI Standards B-30.5 Section 5-3.1.2)

Copy of Operators Medical Card

Copy of Operators OSHA Card (10 Hour minimum required)

Copy of Crane Specifications and Load Capacity Charts

Site Location Drawing

Contractor created crane work plan, that includes but is not limited to, the following: Site Drawings, Safety Plan, Crane Location, Item(s) to be Lifted, Load Weight, Lift Path and Radius, Boom Height, Time of Day/Night, Attachment Points for Rigging, Obstructions in the Load Path, Occupied Building Yes/No

Crane is equipped with FAA Required Flag Marker and Light System in Accordance with FAA Advisory Circular 70/7460-1K (required).

Authorization: All the information listed above has been reviewed and confirmed to be valid and

accurate. Signature:

MPA Project Manager Date

Return-Additional Information Required Date

Comments:

Appendix F – Emergency Contacts List, Roadway Lane Closure

Form, and Sign on the Project

1. Emergency Contacts List Sample

2. Roadway Lane Closure Form

3. Sign on the Project Detail

Project Contact List (Emergency and Standard)Department of Capital Programs and Environmental Affairs

Revised 4/24/2015

PROJECT NAME:

PROJECT NUMBER:

FIRST RESPONDERS:MEDICAL 617-567-2020 POLICE 617-568-7300 617-568-7500 (ADMIN.)FIRE 617-567-2020 OPERATIONS 617-561-1919

NAME DEPT. FUNCTION MOBILE OFFICE HOME PAGER CALL SIGNOperations Center, 16th floor Aviation Operations Control Center 617-561-1919 Ops. BaseBuilding Control Center Aviation Facilities Control Center 617-561-1964 Facilities 1

CP&EA Project ManagerTim Johnson CP&EA Program Manager/Constr. 617-593-4726 617-561-1966 Port 43Sam Sleiman CP&EA Director 617-293-3012 617-561-1873 781-861-1461 Port 12Luciana Burdi CP&EA Deputy Director 617-697-7475 617-568-3501 Port 13

STANDARD CONTACTS:MASSPORT

NAME DEPT. FUNCTION MOBILE OFFICE HOME PAGER CALL SIGNCP&EA Project ManagerCP&EA CM/Resident Engineer

Brian Dinneen CP&EA Safety Manager 617-593-0321 617-568-7427 978-649-6192 Port 72Brenda Enos CP&EA Environmental Mgmt. 857-321-2114 617-568-5963 401-491-9081 Port 70Bob Lynch Aviation Airfield Operations 617-293-3030 617-561-1936 781-485-9456 Port 26John Doherty Aviation Manager, Tech Services 617-438-2645 617-561-1768 781-942-1819 Port 110Bill Wieners Aviation Manager, Facilities Operations 617-799-1530 617-561-3353 Port 111Brian Hayes Maritime Facilities Manager 617-594-5849 617-568-4446Keith Leonhardt Hanscom Manager, Ops/Maint. 617-212-6595 781-869-8013 978-298-5111 Hanscom 2Hanscom Airport Operations Hanscom Operations 617-212-6592 781-869-8012 Hanscom 3Andy Davis Worcester Director 617-721-4856 508-799-1350 Airport-1

CP&EA Program Manager

MPA UTILITIES & OTHER CONTACTS

NAME DEPT. FUNCTION MOBILE OFFICE HOME PAGER CALL SIGNJason Survilas Aviation Mechanical and Water 617-561-1726Bill Sullivan Aviation Electrical 617-799-7075 617-561-1925

CONTRACTORS/SUBCONTRACTORSNAME MOBILE OFFICE HOME PAGER CALL SIGN

CONSTRUCTION MANAGERNAME MOBILE OFFICE HOME PAGER CALL SIGN

DESIGNERNAME MOBILE OFFICE HOME PAGER CALL SIGN

Exhibit 2

COMPANY

COMPANY

COMPANY

CAPITAL PROGRAMS AND ENVIRONMENTAL AFFAIRS Roadway Lane Closure Request

Date Submitted: Start Date: End Date: Contractor Submitting Request: 24hr Phone #: Contractor’s Representative 24hr Phone #: (Name & Title) Contract/TAA Name: Contractor/TAA Number: M.U.T.C.D. Traffic Control Plan Prepared By: Title:

Signature: Date: Contractor Performing Work: 24hr Phone #: On-Site Competent Person: 24hr Phone #: MPA Project Manager: 24hr Phone #:

Description of Roadway/Lane Closure and Location

*Attach: M.U.T.C.D. Traffic Management Plan and Site Location Drawings to this Request

Number of Police Details Required Each Day: Mon Tues Wed Thu Fri Sat Sun Police Jurisdiction: State City Both Other Explain Day Date Time Type of Closure (Roadway, Lane, Rolling etc) Monday Start: End:

Tuesday Start: End: Wednesday Start: End: Thursday Start: End: Friday Start: End: Saturday Start: End: Sunday Start: End:

NOTE: Emergency Vehicle Access is Required at All Times 1) Contact Port-32 and MPA Operations (617) 561-1919 prior to starting any roadway/lane closure work. 2) No closures can be extended beyond the authorized time or date with P-32 approval. 3) Roadway/Lane closures are subject to weather and traffic conditions.

TRAFFIC CONTROL PLANS, SIGNS, CONTROL DEVICES, ETC. MUST CONFORM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTED) REGULATIONS

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TABLE OF CONTENTS

DIVISION III

TECHNICAL SPECIFICATIONS

SECTION

Temporary Facilities and Controls 01500

Site Preparation 02000

Demolition 02110

Metal Fastening 05500

Marine Hardware 05600

Heavy Timber Construction 06130

Timber Treatment 06310

MPA MP1803-C1 01500-1 TEMPORARY FACILITIES AND CONTROLS

SECTION 01500

TEMPORARY FACILITIES AND CONTROLS PART 1. GENERAL 1.01 RELATED DOCUMENTS

A. THE GENERAL CONDITIONS DIVISION I, and SPECIAL PROVISIONS DIVISION II and SAMPLE CONTRACT FORMS DIVISION IV, are hereby made part of this Section.

B. Examine all Drawings and all Sections of the Specifications for requirements and provisions affecting the work of this Section.

1.02 GENERAL DESCRIPTION

A. Remove structures and surplus stored materials at completion of work unless otherwise noted by Authority.

B. Take all necessary measures to prevent vehicles leaving site from depositing mud on public

ways. Clean up after and repair damage caused by trucks. Comply with applicable ordinances regarding noise control.

C. Provide marked metal containers with tight-fitting covers for debris, enforce their use by

employees. Provide on-site dump container for collection of waste material. Periodically remove and legally dispose of waste material off-site. Schedule cleaning operations so that dust and other contaminants resulting from cleaning will not fall on wet, newly-finished surfaces. Dispose of volatile wastes such as mineral spirits, oil, or paint thinner in accordance with local and state regulations.

D. The Contractor, including all subcontractors, will not be permitted to display any

descriptive signs indicating their company names and names of equipment of materials installed in the work.

1.03 FIELD LAYOUT

A. When required, Contractor shall maintain a level, rod, and total station on job, and shall employ competent personnel for use thereof. The Owner shall have reasonable use of these instruments at all times.

B. Project survey information has been located on drawings for Contractor's use. Contractor shall establish bench marks in at least two widely separated locations, and shall establish and maintain dredge depth control and dredge markers as required.

1.04 RELATED WORK SPECIFIED IN OTHER SECTIONS

A. The following items of related work are specified and included in other Sections of the Specifications:

1. Site Preparation under SITE PREPARATION, SECTION 02000


1.05 SAFETY AND PROTECTION

A. Comply with applicable safety regulations, including ANSI Series A10, Safety requirements for Construction and Demolition, and OSHA Part 1926, Construction Safety, and Health Regulations. Provide barricades, fences and other protection measures as required.

B. Minimize storage of flammable materials and ensure that such material is properly handled and stored. Provide fire extinguishers per code requirements and near locations of flammable products. Install prominent signs giving locations of fire alarms. Do not permit use of open fires or salamanders.

C. Take all necessary precautions to ensure that finished or partially-completed work is properly braced and secured against wind, rain, snow and other adverse weather conditions.

D. Work within Navigable Waterway 1. Contractor shall keep proper lights each night between sunset and sunrise upon all

floating plant and equipment and any other obstructions connected with the work in accordance with CG-169, Rules of the Road, and Code of Federal Regulations, Title 33, Chapter 1, Subchapter C and Chapter 11, Part 207. Contractor shall be required to install and maintain for the duration of the Contract, standard obstruction lights upon all stakes, piles, dolphins, or upon any other obstruction connected with the work which are located in navigable waters. The obstruction light shall consist of a quick flashing white light which shows not less than sixty flashes per minute when viewed from any direction. The light shall have a luminous intensity of not less than a two-mile range.

2. Contractor will be required to conduct the work in such a manner as to obstruct

navigation as little as possible and in case Contractor's plant so obstructs vessels, it shall be promptly moved on the approach of any vessel, to such an extent as may be necessary to afford a safe practicable passage. Upon completion of the work, Contractor shall promptly remove his plant, buoys, and other markers placed by him during execution of this Contract.

3. Should the Contractor, during the progress of the work lose, dump, throw

overboard, sink or misplace any materials, plant, machinery, or appliance which in the opinion of the Engineer may be dangerous to berthing vessels or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. Should the Contractor refuse, neglect or delay compliance with the above, such obstructions may be removed by the Authority, and the cost of such removal shall be deducted from money due the Contractor.

1.06 TEMPORARY UTILITIES

A. Maintain strict supervision to enforce conformance with applicable standards and safe practices and prevent abuse of services. Obtain necessary permits, temporary easements, etc.

B. Light and Power: 1. Provide temporary light and power for construction needs, safety and security

throughout construction period. Suitably protect temporary system by fused or


circuit breakers. Panelboards, safety switches and electrical outlets shall be enclosed and grounded. Provide meters as required. Entire system shall comply with NEC requirements for temporary wiring.

2. Make necessary arrangements with power company to install temporary service,

including temporary poles and transformer.

C. Heating and Ventilation: 1. Provide temporary heat and ventilation as required to protect against dampness,

cold and condensation; provide heat and humidity suitable for curing and installation of materials; provide ventilation adequate for work safety and fire protection. Temporary heaters shall be smokeless portable unit heaters acceptable to Underwriter' Laboratories, local fire department and the Owner.

D. Water and Sanitary Facilities:

1. Provide temporary water for construction purposes, sanitation, drinking, first aid,

fire protection and cleaning. Furnish and install all connections, pipes, fittings, meters, etc., necessary for temporary service, and maintain same in good condition. Take necessary precautions to prevent waste of water.

PART 2. PRODUCTS (Not Applicable) PART 3. EXECUTION (Not Applicable) PART 4. MEASUREMENT AND PAYMENT 4.01 METHOD OF MEASUREMENT AND PAYMENT A. No separate measurement or payment shall be made for the work in this section as it is

considered incidental to the work performed. Measurement and Payment for this item shall be included within the work it is associated with.

*** END OF SECTION ***

MPA MP1803-C1 02000-1 SITE PREPARATION

SECTION 02000

SITE PREPARATION

PART 1. GENERAL

1.01 RELATED DOCUMENTS



1.02 GENERAL DESCRIPTION

A. These site preparation requirements shall apply to all project work and/or operations within this Contract.

B. The work of this Section consists of providing all labor, equipment, materials, incidental work, and construction methods necessary to prepare the site, complete, as indicated on the Contract Documents, as specified, and as follows:

1. Mobilization and demobilization of all equipment, labor, materials, supervision, survey and any incidentals required to satisfactorily complete this project in accordance with these Specifications, the Contract Drawings and as directed by the Authority.

2. Comply fully with all requirements and conditions of all Project Permits including performance of any miscellaneous work required to ensure full compliance and not otherwise covered by individual items in the contract.

3. Comply fully with all requirements and conditions of US Army Corps of Engineers, US Coastguard, Boston Harbormaster, MassDEP, Boston Conservation Commission and other authorities including, but not limited to, coordination, notification and performance of any other miscellaneous work required to ensure full compliance and not otherwise covered by individual items in the contract.

4. Perform all other miscellaneous work obviously required to complete the project, but not covered by individual items in the contract.

5. Perform site work operations and the removal of debris and waste materials to assure minimum interference with navigation, streets, walks, parking facilities, buildings and all other adjacent facilities.

6. Obtain governing authorities written permission, when required, to close or obstruct street, walks, and adjacent facilities. Provide alternate routes around closed or obstructed traffic ways, when required by governing authorities.

7. Control dust caused by the work. Dampen surfaces as required. Comply with pollution control regulations of governing authorities.

8. Provide temporary floating debris booms and bottom-anchored siltation curtains, as required, to meet regulatory agency conditions and the Contract Documents.


9. Obtain written permission from property owners to trespass and/or transgress their properties where an easement has not been granted.

10. If the Contractor, in the course of the work, uncovers or otherwise encounters any artifacts, whether historic or prehistoric, he shall bring them to the immediate attention of the Authority, and stop all work in that vicinity of said artifacts until directed by the Authority.

11. If the Contractor, in the course of the work, uncovers or otherwise encounters any suspected hazardous or unidentified substances, he shall bring them to the immediate attention of the Authority, and stop all work in that vicinity of said until directed by the Authority.

1.03 RELATED WORK UNDER OTHER SECTIONS


1. Temporary Facilities and Controls under TEMPORARY FACILITIES AND CONTROLS,

SECTION 01500 2. Demolition under DEMOLITION, SECTION 02110 3. Marine Hardware under MARINE HARDWARE, SECTION 05600 4. Heavy Timber Construction under HEAVY TIMBER CONSTRUCTION, SECTION 06130 5. Timber Treatment under TIMBER TREATMENT, SECTION 06310

1.04 OSHA REQUIREMENTS

A. Pursuant to M.G.L. c.30, §39S, any person signing a contract to work on a public building or public works project estimated to cost more than $10,000, must certify under the pains and penalties of perjury that all employees employed on the worksite, or in work subject to the bid, have successfully completed at least ten hours of OSHA approved training. Proof of OSHA certification of all workers onsite will be required by the Authority prior to the start of work.

1.05 SUBMITTALS

A. Proposed location of staging areas and equipment storage areas (if allowed), subject to approval by the Authority and included within a formal Construction Materials and Equipment Staging Plan.

B. Spill Management Plan.

C. Confirmation and copies of all notifications to regulatory authorities.

D. Provide photo-documentation of pre-existing conditions in the location of all Work including, but not limited to, fenders, bollards, cleats, fixed cranes, rails, pier deck, buildings, decking, asphalt, lighting structures, fire hydrants, curbing, telephone poles, vaults, manholes, electrical transformers, and fences.

E. Details of silt curtains and floating booms as required by permits.

1.06 PROTECTION


A. Protect existing structures and facilities that are adjacent to the work area from damage caused by the project operations. Repair all damage caused to the satisfaction of the Authority, at the sole expense of the Contractor.

B. Cease operations and notify Authority immediately if safety of adjacent structures, workers, or the general public appears to be endangered. Take precautions to properly support structures and protect workers and general public. Do not resume operations until safety is restored.

C. Cease operations and notify Engineer immediately if safety of adjacent structures, workers, or the general public appears to be endangered. Take precautions to properly support structures and protect workers and general public. Do not resume operations until safety is restored.

D. The Contractor shall erect a safety barrier around the limit of work areas as defined in the staging and phasing plan.

1.07 SITE DRAINAGE

A. Upon beginning site work, Contractor shall assume complete responsibility for Project Area site

drainage for duration of Contract, and shall maintain such drainage in a manner which will cause no damage or erosion to existing structure or adjacent areas. Contractor shall provide geotextile barrier to existing catchbasins within Project Area.

1.08 ENVIRONMENTAL PROTECTION A. Comply with all requirements of environmental regulations and Project Permits.

B. Provide measures to prevent any debris from falling into the water. Any material falling

into the water shall be retrieved immediately.

PART 2. PRODUCTS

2.01 MATERIALS

A. Materials shall be as selected by the Contractor and approved by the Authority, except as indicated on the Contract Drawings and/or in the Specifications.

A. Floating Debris Boom

1. Debris Boom shall be durable continuous floating boom manufactured for use in salt water harbor environment with a minimum freeboard of 6 inches and a minimum draft of 10 inches.

2. Boom shall incorporate towing adaptors suitable for towing or attachment to fixed object.

3. Boom material shall be hydrocarbon resistant coated woven fabric with minimum weight 22 oz per square yard.

4. Boom flotation shall closed cell polyethylene or polypropylene foam. Foam pellets shall not be used.


5. Boom shall be supplied in minimum 50 foot lengths.

B. Floating Bottom Anchored Silt Curtain

1. Floating Silt Curtain shall incorporate durable continuous floating boom

manufactured for use in salt water harbor environment with a minimum freeboard of 6 inches and a minimum draft of 10 inches.

2. Curtain shall incorporate adaptors suitable for attachment to fixed object. 3. Boom material shall be hydrocarbon resistant coated woven fabric with minimum

weight 22 oz per square yard. 4. Boom flotation shall closed cell polyethylene or polypropylene foam. Foam

pellets shall not be used. 5. Boom shall be supplied in minimum 50 foot lengths. 6. Silt barrier shall be securely attached to floating boom and shall be bottom

weighted woven polypropylene or equal approved. Silt barrier draft shall be at least 1.2 times maximum water depth unless approved otherwise. Water depth can be assumed at 30 feet at mean low water.

C. Construction Fence

1. Unless otherwise specified, Construction Fence shall be heavy duty UV stabilized, orange safety fence with a minimum four (4) foot height. Weight of fence shall be 20 pounds per 100 feet or greater.

2. Fence shall be installed around all areas dedicated for construction activities to prevent public access and provide for public safety.

PART 3. EXECUTION

3.01 PROTECTION OF EXISTING STRUCTURES AND UTILITIES

A. Notify "Dig Safe" and local utilities and services as applicable prior to conducting any work in order to have all known utilities and services marked out before work begins.

B. Existing structures and utilities shall be suitably protected from damage, including but not limited to existing piers, fenders, mooring equipment, riprap, walls, bulkheads, pavements and curbs, lighting, fencing, concrete vault, manholes, and utility lines.

3.02 PROTECTION OF CONSTRUCTION SITE

A. It is the Contractor’s responsibility to secure the construction site, both for the protection of the ongoing work and the protection of the public. The location of construction fencing used for this purpose shall be approved by the Authority.

3.03 INSPECTION A. The Authority will assign inspectors and/or Resident Engineers to this project on either a full

time or part time basis, as required to cover the work under this Contract, as justified by the


Authority. The inspector or resident engineer shall be the Authority’s representative for this project.

B. The Engineer must be notified at least 48 hours in advance of all material shipments in order

make arrangements for the shipment to be inspected as they arrive to the site.

C. All materials that are not suitable for placement on this project and/or have been rejected by the Engineer shall be removed from the site immediately; the cost of the removal of these materials shall be the responsibility of the Contractor.

D. Unless otherwise agreed upon with the Engineer, no work shall be done with materials that

are partially or completely buried or hidden from view without the presence of the Engineer. The Engineer reserves the right to have all materials uncovered for inspection if placed without direct supervision, at the sole expense of the Contractor. No materials shall be paid for under this Contract that have not been examined and passed by the Engineer, or for any reason are placed outside the prescribed limits of the work.

E. The Engineer shall be permitted at all times to check the lines, grades, elevations, reference

marks, batter boards, etc. set by the Contractor. Any errors or discrepancies in these items discovered by checks shall be corrected by the Contractor. Such checks shall not be construed as to be an approval of the Contractor's work and shall not relieve or diminish in any way the responsibilities of the Contractor for the accurate and satisfactory completion of the entire work. The Contractor assist the Engineer with these checks as needed.

PART 4. MEASUREMENT AND PAYMENT 4.01 METHOD OF MEASUREMENT

A. Floating Debris Boom shall be measured by the Contract Unit Price linear foot and shall be the minimum length required to protect the perimeter required by the Authority. A minimum measurement of fifty (50) linear feet shall be used for each deployment. Only one deployment shall be measured per work order unless previously approved by the Authority.

B. Floating Bottom Anchored Silt Curtain shall be measured by the Contract Unit Price linear foot and shall be the minimum length required to protect the perimeter required by the Authority. A minimum measurement of fifty (50) linear feet shall be used for each deployment. Only one deployment shall be measured per work order unless previously approved by the Authority.

4.02 METHOD OF PAYMENT

A. Payment will be made for FLOATING DEBRIS BOOM at the Contract Unit Price per Linear Foot. Minimum payment under this item will be for 50 linear feet per deployment. This price and payment shall constitute full compensation for all labor, equipment, materials, preparation, testing, transportation, survey, and supervision for the satisfactory supply,


installation, removal and offsite disposal of temporary floating boom including all necessary moorings, anchors, or connections to fixed points, removal, disposal of excess material as required and any other incidentals necessary to complete the work specified herein.

B. Payment will be made for FLOATING BOTTOM ANCHORED SILT CURTAIN at the Contract Unit Price per Linear Foot. Minimum payment under this item will be for 50 linear feet per deployment. This price and payment shall constitute full compensation for all labor, equipment, materials, preparation, testing, transportation, survey, and supervision for the satisfactory supply, installation, removal and offsite disposal of temporary floating boom including all necessary moorings, anchors or connections to fixed points, removal, disposal of excess material as required and any other incidentals necessary to complete the work specified herein.

4.03 PAYMENT ITEMS ITEM DESCRIPTION UNIT 02000-1 Floating Debris Boom LF 02000-2 Floating Bottom Anchored Silt Curtain LF


MPA MP1803-C1 02110-1 DEMOLITION

SECTION 02110

DEMOLITION

PART 1. GENERAL 1.01 RELATED DOCUMENTS



1.02 SCOPE OF WORK

A. Work under this Section, without limiting the generality thereof, consists of providing all materials, equipment, labor, storage, transportation facilities, and all other incidentals as stipulated for the complete removal and disposal of the following:

1. Existing timber fender system along pier berthing face as directed by the Authority excluding removal of existing piles up to 60 feet in length.

2. Existing timber curbs as measured along the pier berthing face and as directed by the Authority.

3. Collection of floating debris as directed by the Authority.

4. Miscellaneous hardware, fasteners, pieces of timber or plastic timber, and other material which are encountered during the course of work which interferes with work specified to be done.

5. All demolition work required to accommodate the proposed work.

6. Removal from site and legal disposal of all removed materials, trash, debris, etc., dismantled and/or removed by demolition operations, except any items specifically indicated to be stored for Authority's future use.

B. Incidental materials necessary for the completion of this installation and usually

furnished in connection therewith, shall be furnished and installed whether or not specifically mentioned.

1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS:


1. Temporary Facilities and Controls under TEMPORARY FACILITIES AND CONTROLS, SECTION 01500

2. Site Preparation under SITE PREPARATION, SECTION 02000 3. Marine Hardware under MARINE HARDWARE, SECTION 05600 4. Heavy Timber Construction under HEAVY TIMBER CONSTRUCTION,

SECTION 06130 5. Timber Treatment under TIMBER TREATMENT, SECTION 06310


1.04 CODES, STANDARDS, ORDINANCES AND PERMITS

A. Perform all work in strict accordance with all rules, regulations, standards, codes, ordinances, or laws of local, state, and Federal authorities having lawful jurisdiction, and be responsible for compliance therewith. Such authorities include but are not limited to the following:

1. Massachusetts State Building Code. 2. The Massachusetts Port Authority (MPA) 3. The Massachusetts Department of Public Safety (DPS)

B. The Contractor shall give the proper authority all requisite notices and secure and pay all permits, licenses, inspections, and certificates relating to his work.

C. All work performed and all equipment and materials furnished and/or installed shall be

in accordance with all standards as hereinafter specified. All standards shall be of the latest edition.

1.05 SUBMITTALS

A. Contractor to provide certification that all materials disposed of has been completed in accordance with all municipal, state, and federal regulations

1.06 DEMOLITION

A. In the event during the demolition or renovation work the Contractor should discover asbestos she/he shall immediately stop work in that area and advise the Authority. All asbestos removal will be done by the Authority under a separate contract.

B. The Contractor shall coordinate with the schedule and be so governed in the phasing of

work. The Contractor shall disconnect and remove all materials, fixtures and equipment of their respective trade jurisdiction which are in the work areas or scheduled to be abandoned. This shall include all elements of the work required to be demolished, removed and/or relocated.

C. All existing services, including heating, electric, sewer, water shall be maintained with

temporary service if necessary due to rehabilitation, alteration and/or demolition operations. Existing service to occupied portions of the building shall be maintained at all times.

D. Protect the personnel working adjacent to affected areas. E. Unless otherwise particularly specified, provide cutting, drilling patching, and restoring that

may be required in connection with the work. F. No structural members shall be cut or drilled without the review by the Engineer.

Such cutting and drilling shall be done in a manner approved by the Engineer.

1.07 SUBMITTALS


A. Contractor to provide certification that all materials disposed of has been completed in

accordance with all municipal, state, and federal regulations. B. Details of falsework, staging, or other containment as required to catch and remove

demolition debris such as concrete and rebar in accordance with the environmental permits. PART 2. PRODUCTS Not Used PART 3. EXECUTION 3.01 MANNER OF CONDUCTING THE WORK

A. The work shall be conducted with prime consideration given to the following: 1. Compliance with the applicable laws and building codes. 2. Safety, protection, and convenience of the Authority's tenants, public, and workmen. 3. Minimization of dirt and dust proliferation. 4. Protection of the existing building structure, materials, and finishes from damage. 5. Neat and accurate cutting and trimming of elements to be partially removed, subject to

Engineer's approval. 6. Minimum interruption to the continuous operation of the Facility.

B. All work shall be done in accordance with applicable Federal, State and local laws, rules, regulations, codes and ordinances and all necessary permits required for the demolition work shall be procured by the General Contractor. Provide unobstructed legal exits at all times.

C. All materials removed during demolition designated for disposal shall become the property

of the Contractor unless otherwise noted. D. All materials removed during demolition, except that which is to be reused, shall be

disposed of off the site in conformance with all municipal, state and federal regulations. E. Do not work in affected areas until the various dust and protective barriers have been

installed. F. Debris shall not be allowed to accumulate and shall be sprinkled during handling and

loading to reduce dust. All debris shall be either stored temporarily in Contractor furnished dumpster type container(s) provided by the Contractor at his expense, or shall be removed from the site daily, to assure absolute minimization of dusting and other pollution.

G. During demolition activities which are over or in water, the area of the demolition work

shall be enclosed with a debris boom approved by the Engineer. Contractor shall ensure that all demolition debris is protected from entering Boston Harbor or other adjacent waterways.


H. Contractor shall use extreme caution when demolishing structures. Damage caused to adjacent structures or a structure to remain which is caused by the Contractor shall be repaired by the Contractor as directed by the Engineer at no additional cost to the Authority.

I. During demolition, should demolition activities reveal additional extensive damage within

the designated work area that is not detailed in the documents, the contractor shall seek the approval of the Engineer approval prior to proceeding with the work.

J. Upon completion of demolition work, brush down all exposed surfaces and leave

the area broom clean.

K. Following broom cleaning, thoroughly clean all exposed interior surfaces throughout which are to be left exposed or to receive new finishes, or which are to remain under this Contract. All cleaning shall be done in a manner suitable for each of the materials involved, and such as to cause no damage to same, and shall require the Authority's acceptance when completed.

3.02 MATERIAL TESTING

A. The Contractor shall perform analysis on material as necessary to fulfill any disposal testing requirements of approved facilities. The Contractor shall assume that all timber is pressure treated with creosote coal tar or CCA.

B. The Contractor shall bear all costs incurred in the sampling and analysis for tests required

by the disposal facilities.

C. The Contractor shall submit a copy of all sampling analysis to the Owner within two days of receipt of the laboratory report.

D. The Contractor shall certify that all material was disposed of in conformance with all

applicable local, state and federal regulations. The Contractor shall provide the Owner with copies of all scale slips from the disposal facility.

E. The Contractor shall provide to the Owner copies of all certified scale weight slips, both

tare and gross, for every load weighed and disposed of at the accepted facility. The slips shall be tracked by the original manifest document number that was assigned by the Owner at the site. The Owner shall only make payments upon receipt of these weight slips.


A. Measurement of Mobilization & Demobilization to Remove Floating Debris shall be made by the unit Each as indicated under PAYMENT SECTION 02110-1.


B. Measurement of Removal and Disposal of Floating Debris shall be made by the unit price Ton upon submittal of evidence of legal disposal of all materials indicated under PAYMENT SECTION 02110-2. All quantities will be taken as actual material removed and must be verified by the Engineer.

C. Measurement of all Demolition - Timber Removal and Disposal as outlined on the Contract

documents shall be made by the unit price board foot measure (BFM) upon submittal of evidence of legal disposal of all materials indicated under PAYMENT SECTION 02110-3. All quantities will be taken as actual material removed and must be verified by the Engineer.

D. Measurement of all Demolition Debris Removal and Disposal as outlined on the Contract

documents shall be made by the unit price ton (TON) upon submittal of evidence of legal disposal of all materials indicated under PAYMENT SECTION 02110-4. All quantities will be taken as actual material removed and must be verified by the Engineer.


A. Payment for Mobilization & Demobilization to Remove Floating Debris outlined at the Contract Unit Price Each as authorized in each work order. Payment for mobilization and demobilization will be for vessels needed to remove debris only. Payment for this item includes the mobilization and demobilization of the vessel, chain saws, other hand tools and minimum 2-man work crew. Payment for this item shall be full compensation for all survey, supervision, transportation, towing, labor, equipment, and setup and removal of up to 1 Ton of floating debris per job. Only one payment for mobilization and demobilization per job will be paid unless approval is obtained from the Authority before the work commences. This item does not include payment for removal and disposal of floating debris above 1 Ton (see pay item 02110-2).

B. Payment for Removal and Disposal of Floating Debris outlined on the Contract documents

shall be paid by the unit price per Ton. This price and payment shall constitute full compensation for all collection, towing, supervision, labor, trucking, testing, containment, materials and equipment to legally demolish and dispose of any debris removed in excess of 1 Ton. The contractor shall assume that the materials are pressure treated and/or creosote treated and require special disposal. This item does not include payment for mobilization and demobilization to remove floating debris or removal of the first Ton of debris related to each mobilization and demobilization (see pay item 02110-1).

C. Payment for Demolition - Timber Removal and Disposal outlined on the Contract

documents shall be paid by the board foot. This price and payment shall constitute full compensation for all supervision, labor, trucking, testing, containment, materials and equipment to legally demolish and dispose of all materials per work order and these specifications. The contractor shall assume that the materials are pressure treated and require special disposal. Minimum payment will be for 50 BFM per deployment.

D. Payment for Demolition Debris Removal and Disposal outlined on the Contract documents

shall be paid by the ton. This price and payment shall constitute full compensation for all supervision, labor, trucking, testing, containment, materials and equipment to legally transport and dispose of all materials per work order and these specifications. The


contractor shall assume that the materials are construction debris, including concrete, rebar, steel, asphalt, metal, plastic, HDPE, jersey barriers, granite, and/or stone or rock. Payment for disposal of floating debris is not included in this item (See Item 02110-2). Payment for disposal of timber is not included in this item (See Item 02110-3).

4.03 PAYMENT ITEMS

ITEM DESCRIPTION UNIT

02110-1 Mobilization & Demobilization to Remove

Floating Debris EACH

02110-2 Removal and Disposal of Floating Debris TON

02110-3 Demolition - Timber Removal and Disposal BFM

02110-4 Demolition Debris Removal and Disposal TON


MPA MP1803-C1 05500-1 METAL FASTENING

SECTION 05500 METAL FASTENING PART 1. GENERAL 1.01 RELATED DOCUMENTS



1.02 SCOPE OF WORK

A. Work under this Section, without limiting the generality thereof, consists of furnishing, manufacturing or shop-fabricating metal elements, itemized below and installation of all materials, equipment, labor, transportation facilities, and all operations and adjustments required for the complete and operating installation as indicated on the Drawings, stipulated in the Specifications and as reasonably implied by either or both. This includes, but is not limited to the following:

1. Cutting and/or welding and/or bolting metal fabrications as required



2. Site Preparation under SITE PREPARATION, SECTION 02000 3. Demolition under DEMOLITION, SECTION 02110 4. Connection, Anchor bolts and Marine Hardware under MARINE HARDWARE,

SECTION 05600 5. Heavy Timber Construction under HEAVY TIMBER CONSTRUCTION, SECTION

06130 6. Timber Treatment under TIMBER TREATMENT, SECTION 06310

1.04 QUALITY ASSURANCE A. Except as noted, work shall conform to the following codes and standards: 1. American Society for Testing and Materials (ASTM), latest edition. 2. American Institute of Steel Construction (AISC) Specification for the Design,

Fabrication, and Erection of Structural Steel for Buildings, latest editions. 3. American Welding Society (AWS). 1.05 SUBMITTALS


A. Shop drawings 1. Submit for approval prior to fabrication all information necessary for the

fabrication of the component parts. Indicate size and weight of members, type, and location of shop and field connections, the type, size, and extent of all welds, and welding sequences. Use American Welding Society welding symbols. Approval of shop drawings will be for size and arrangement of principal and auxiliary members and strength of connections. Any errors in dimensions shown on shop drawing shall be the responsibility of the Contractor.

B. The Contractor shall use only certified welders and the shielded arc process for all welding

performed in connection with the work of this Section. Each welder shall be certified for the particular work, prior to commencing the work, which must be accomplished.

C. Upon completion of this portion of the work, and as a condition of its acceptance, the

Contractor shall deliver to the Engineer a letter signed by an official of the miscellaneous metal fabricating firm or firms certifying that all fabricated metal has been fabricated in complete accordance with this Section of these specifications.

1.06 PRODUCT HANDLING A. All materials shall be delivered, stored, and handled with care to prevent damage to any

material or material coating. Material damaged or with damaged coating will be rejected and replaced at no additional cost to the Authority.

PART 2. PRODUCTS 2.01 MATERIALS

A. Structural steel, including rolled shapes, angles and plates, shall conform to ASTM A36, or ASTM A572, Gr. 50 as required.

B. All Bolts used to connect structural steel shall be hot dip galvanized ASTM A325 Type 1

high strength bolts unless noted otherwise.

2.02 WELD ELECTRODES A. Weld rod shall conform to AWS E70XX grade. PART 3. EXECUTION 3.01 FABRICATION A. Fabricate products in a fully-equipped facility capable of producing high grade of metal

fabrication work. All work shall be straight and true, free from warpage and other defects. Joints, covers, copes, and miters shall be accurately and neatly cut, machined, filed, and fitted.


B. Carry out bolting and welding in accordance with latest approved methods, with due consideration for strength and appearance of finished product. All welding shall be done by certified welders.

C. All steel will be free from imperfections, dirt, loose scale, paint, oil, or other foreign

substances.

D. All welds shall be made watertight.

E. All material shall be fabricated to within + or - 1/8 inch of their theoretical dimensions as shown on the drawings.

F. Holes for bolts shall be located as shown on the drawings and shall be drilled 1/8" in diameter larger than the galvanized bolt.

G. All new fabrication under this section shall be hot dipped galvanized in accordance with ASTM Specifications A-123 and A-153, unless noted otherwise on the Contract Documents.

3.02 INSTALLATION

A. Installation shall conform to AISC Specification for the Design, Fabrication and Erection of Structural Steel for Buildings.

B. Parts covered by this specification shall be installed in the work as shown on the drawings.

C. No cutting or burning of steel shall be done to install fasteners without approval of the Engineer.

D. High Strength Bolts:

1. All ASTM A325, Type 1 high strength bolts shall be installed in accordance with the AASHTO “Standard Specifications for Highway Bridges”

E. Welding:

1. The Contractor shall use only certified welders and the shielded arc process for all welding performed in connection with the work of this Section. Each welder shall be certified for the particular work, prior to commencing the work, which must be accomplished. For each welder, qualification test reports bearing witness certification by an independent laboratory or inspection service shall be submitted.

2. Completed welds will be subject to inspection and approval of an independent testing agency. The contractor is responsible for all costs associated with the testing. Faulty welds shall be cut out and replaced at no cost to the Authority.

3.03 REMOVALS: (FIELD TORCH CUTTING)

A. Removal of the existing steel plates, angles, rivets and bolts by flame cutting will only be permitted as approved by the Engineer. Flame cutting, welding to, or other wise heating existing steel above 300 deg. F, except as specifically shown in the plans, is not permitted without prior approval by the Engineer. If the Contractor causes embrittlement of existing steel to remain by unauthorized heating, he shall be deemed to have damaged the structure. If such damage occurs in a tension zone, the Contractor shall be required to design and


construct reinforcement repairs is in the opinion of the Engineer this damage causes unacceptable risk of brittle fracture or fatigue cracking.

B. The contractor shall remove from the site the steel plates, angles, rivets, bolts and other materials which have been removed from the existing structure and dispose of same in a approved manner.

C. Existing rivets and bolts may be removed by drilling, chiseling, or other mechanical method meeting with the approval of the Engineer. Care shall be taken to insure that removal of the existing fasteners causes no damage to the connected elements that are to remain. No burning or heating will be permitted without specific approval by the Engineer in writing.

3.03 DEFECTIVE WORK

A. Any parts damaged or improperly fabricated shall be removed and replaced or corrected as directed by the Engineer and at no additional cost to the Authority.

PART 4. METHOD OF MEASUREMENT AND PAYMENT 4.01 METHOD OF MEASUREMENT

A. No separate measurement or payment shall be made for the work in this section as it is considered incidental to the work performed. Measurement and Payment for this item shall be included within the work it is associated with.


MPA MP1803-C1 05600-1 MARINE HARDWARE

SECTION 05600 MARINE HARDWARE PART 1. GENERAL 1.01 RELATED DOCUMENTS



1.02 SCOPE OF WORK

A. Work under this Section, without limiting the generality thereof, consists of furnishing, manufacturing or shop-fabricating metal elements, itemized under MATERIALS in this Section and installation of all materials, equipment, labor, transportation facilities, and all operations and adjustments required for the complete and operating installation as indicated on the Drawings, stipulated in the Specifications and as reasonably implied by either or both. This includes, but is not limited to the following: 1. Machine bolts and washers 2. Anchor and expansion bolts 3. S.S. pins 4. Eye bolts 5. Chain and shackles 6. Mooring hardware (cleats and bollards) 7. Wire Rope & Clips 8. All other hardware not specified elsewhere



2. Site Preparation under SITE PREPARATION, SECTION 02000 3. Demolition under DEMOLITION, SECTION 02110 4. Heavy Timber Construction under HEAVY TIMBER CONSTRUCTION, SECTION

06130 5. Timber Treatment under TIMBER TREATMENT, SECTION 06310

1.04 QUALITY ASSURANCE A. Except as noted elsewhere, work shall conform to the following codes and standards: 1. American Society for Testing and Materials (ASTM). 2. American Welding Society (AWS). 3. American Institute of Steel Construction (AISC). 1.05 SUBMITTALS


A. Shop drawings for all shop fabricated items shall be submitted to the Engineer for approval before beginning fabrication.

B. Certificate of compliance with applicable ASTM specifications for all galvanized items

shall be submitted to the Engineer with all materials delivered to the fabricator or site.

B. Manufacturer's literature and specifications for all fasteners, wire rope, chains, shackles, expansion bolts, and other connection items identified within the contract documents.

D. List of all other hardware with quantities and material specifications. 1.06 PRODUCT HANDLING A. All materials shall be delivered, stored, and handled with care to prevent damage to any

material or material coating. Material damaged or with damaged coating will be rejected and replaced at no additional cost to the Authority.

PART 2. PRODUCTS 2.01 MATERIALS

A. All bolts for Structural Steel shall conform to ASTM A-325 Type 1 for Steel Bolts with manufacturer markings that indicate such unless otherwise noted.

B. All bolted connections of timber members shall be ASTM A-307 for Mild Steel unless

otherwise specified.

C. Machine and eye bolts shall conform to ASTM A307, Gr. A for Mild Steel Bolts unless otherwise noted.

D. All chains, cable, shackles, and connecting links shall be the size and capacity noted. E. All steel items (except stainless steel) under this section shall be hot dip galvanized.

Galvanizing shall be by the hot dip method according to ASTM Specifications A-123 and A-153.

F. All stainless steel shall be Series 300, type 316, except pipe hangers and pipe clamps where

stainless steel Series 300, type 304 is permitted.

G. Welding rods shall conform to AWS E70XX grade. Sizes shall be as indicated on the drawings.

H. Mooring Bollards shall be single horn coated cast iron or cast steel of the size and capacity

noted. PART 3. EXECUTION


3.01 FABRICATION A. Fabrication shall conform to AISC Specification for the Design, Fabrication, and Erection

of Structural Steel for Buildings. B. Workmanship shall be equal to standard commercial practice. C. All materials shall be clean and straight. Each assembly shall be accurately fabricated to

the lines and dimensions called for and shall be free from undue twists, bends, warping, distortion, and other irregularities.

D. Assemblies shall be fabricated to within + or - 1/8" of their theoretical dimensions. 3.02 INSTALLATION A. Installation shall conform to AISC Specification for the Design, Fabrication, and Erection

of Structural Steel for Buildings. B. Parts covered by this specification shall be installed in the work as shown on the drawings.

C. No cutting or burning of steel shall be done to install fasteners without approval of the Engineer.

3.02 HOT DIP GALVANIZING

A. Galvanizing shall be by the hot dip method according to ASTM Specifications A-123 and

A-153.

B. Repair of hot dip galvanizing shall be using zinc rich paint. Zinc rich paint shall be an organic zinc-rich coating containing 95% metallic zinc, by weight in the dried film.

3.03 DEFECTIVE WORK A. The following shall be grounds for rejection and replaced at no additional cost to the

Authority:

1. Any damaged parts. 2. Any parts improperly installed in the work. 3. Any items found not to have the proper coating. 4. Otherwise not according to Contract Documents.


A. Measurement of all Timber Hardware shall be the total weight in pounds of all bolts, nuts, washers and other connectors. All quantities will be taken as actual material as required by individual work orders.



A. Payment for Timber Hardware shall be made by the unit price per Pound. This price and

payment shall constitute full compensation for all labor, equipment, materials, preparation, testing, transportation, survey, and supervision for the satisfactory supply and installation of the hardware as needed and any incidentals necessary to complete the work specified herein per the Contract Drawings and these specifications. The engineer must approve use of miscellaneous metals or there will be no payment for this item.

4.03 PAYMENT ITEMS

ITEM DESCRIPTION UNIT

05600-1 Timber Hardware (Hot dip galvanized) LB

05600-2 Timber Hardware (Stainless Steel) LB *** END OF SECTION ***

MPA MP1803-C1 06130-1 HEAVY TIMBER CONSTRUCTION

SECTION 06130 HEAVY TIMBER CONSTRUCTION PART 1. GENERAL 1.01 RELATED DOCUMENTS



1.02 SCOPE OF WORK

A. Work under this Section, without limiting the generality thereof, consists of the furnishing and installation of all materials itemized under MATERIALS in this Section, equipment, labor, transportation facilities, and all operations and adjustments required for the complete and operating installation, stipulated in the Specifications and as reasonably implied by either or both. This includes, but is not limited to the following:

1. Supply and installation of new timber curbs.

2. Supply and installation of new timber for timber fender system wales, chocks and blocks.

3. Supply and installation of new timber for decking, stringers, and pile cap upgrades, as well as any other timber associated with work needed to be done.



1. Temporary Facilities and Controls under TEMPORARY FACILITIES AND

CONTROLS, SECTION 01500 2. Site Preparation under SITE PREPARATION, SECTION 02000 3. Demolition under DEMOLITION, SECTION 02110 4. Connections, Anchor bolts, Dowels and Marine Hardware under MARINE

HARDWARE, SECTION 05600 5. Timber Treatment under TIMBER TREATMENT, SECTION 06310

1.04 QUALITY ASSURANCE A. Except as noted all work shall conform to the latest editions of the following codes,

specifications and standards:

1. Southern Pine Inspection Bureau (SPIB) 2. West Coat Lumber Inspection Bureau (WCLIB) 3. Western Wood Products Association (WWPA) 4. National Forest Products Association (NFPA)


5. American Society for Testing and Materials (ASTM) 6. Commonwealth of Massachusetts State Building Code (CMSBC) 7. American Institute of Timber Construction (AITC) 1.05 SUBMITTALS A. Certification of timber species. B. Certification of timber treatment C. Shop drawings as required.

1.06 PRODUCT DELIVERY, STORAGE AND HANDLING

A. All timber shall be stored in stacks such that there is an air space beneath the material and situated to prevent the timber from being exposed to standing water.

B. The material shall be stored on site in an area which will be designated by the Owner.

C. Timber shall be handled in an approved manner such that the material will not be damaged.

PART 2. PRODUCTS

2.01 MATERIALS

A. Unless otherwise specified, all timber to be used shall be No. 2 Dense Southern Pine as

graded by SPIB and with design values per NFPA National Design Specification or the equivalent for Douglas Fir as graded by WCLIB and WWPA.

B. All timber shall be new and supplied with nominal dimensions unless otherwise noted. C. All fasteners for Heavy Timber Construction with diameter larger than ½” shall be hot dip

galvanized and conform to ASTM A307 unless noted otherwise.

D. All fasteners for Heavy Timber Construction with diameter ½” or less shall be stainless steel unless noted otherwise.

PART 3. EXECUTION

3.01 PREPARATION

A. Prior to installation all demolition affecting the new work shall be completed.

3.02 INSTALLATION

A. Coat ends of field cut members as specified under TIMBER TREATMENT, SECTION 06310.

B. Joints are to be square, tight, and well-fastened.

C. Holes for bolts shall be drilled the same size as the bolt before galvanizing. Holes shall be swabbed with 2 coats of sealing compound as specified herein before installing the bolts.

D. Bolts shall be tightened to provide a solid connection. No more than 1 washer shall be installed under the bolt head or nut. Bolt threads shall project no more than one bolt diameter beyond the nut.


E. All top bolt holes shall be countersunk and filled with a sealer.

F. All timber shall be cut and fit in such a manner as to have full bearing over the entire contact surface.


A. Measurement of all treated timber associated with the installation of decking, stringers, bracing, pile caps, wales, chocks, curbs and the like shall be made by the unit price board foot measure, complete in place.


A. Payment for Treated Timber shall be made by the unit price Board Foot Measure, complete in place. This price and payment shall constitute full compensation for all labor, equipment, materials, preparation, testing, transportation, survey, and supervision for the satisfactory supply and installation of the treated timber including, surface preparation, cutting, drilling, timber treatment, hardware, disposal of surplus material, testing, and any incidentals necessary to complete the work specified herein. Any use of land based lifting equipment for Treated Timber shall be incidental to this item and no separate payment will be made.

4.03 PAYMENT ITEMS

ITEM DESCRIPTION UNIT 06130-1 Treated Timber BFM *** END OF SECTION ***

MPA MP1803-C1 06310-1 TIMBER TREATMENT

SECTION 06310 TIMBER TREATMENT PART 1. GENERAL 1.01 RELATED DOCUMENTS



1.02 SCOPE OF WORK

A. Work under this Section, without limiting the generality thereof, consists of the furnishing and installation of all materials itemized under MATERIALS in this Section, equipment, labor, transportation facilities, and all operations and adjustments required for the complete and operating installation as indicated on the Drawings, stipulated in the Specifications and as reasonably implied by either or both. This includes, but is not limited to the following:

1. The treatment of timber members with a wood preservative. 2. The field application of all timber subject to field cutting. 1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS:

A. The following items of related work are specified and included in other Sections of the Specifications: 1. Temporary Facilities and Controls under TEMPORARY FACILITIES AND

CONTROLS, SECTION 01500 2. Site Preparation under SITE PREPARATION, SECTION 02000 3. Demolition under DEMOLITION, SECTION 02110 4. Connection, Anchor bolts, Dowels and Marine Hardware under MARINE

HARDWARE, SECTION 05600 5. Treated Timber under HEAVY TIMBER CONSTRUCTION, SECTION 06130

1.04 QUALITY ASSURANCE A. Except as noted all work shall conform to the latest editions of the following codes,

specifications and standards.

1. American Society for Testing and Materials (ASTM) D-25. 2. American Wood Preservatives Association (AWPA). PART 2. PRODUCTS 2.01 MATERIALS

MPA MP1803-C1 06310-2 TIMBER TREATMENT

A. All new Southern Yellow Pine and Douglas Fir timber members to which the public may be exposed (decking, handrails, benches, similar) shall be treated with alkaline copper quaternary (ACQ) in accordance with AWPA Standards for material subject to salt water use and shall obtain a green tint due to the treatment.

B. All new Southern Yellow Pine and Douglas Fir timber members to which the public shall not be exposed (bearing piles, berthing fenders, bracing, pile caps, similar) shall be treated with chromated copper arsenate (CCA) in accordance with AWPA Standard P5 and U1 – UC5A for material subject to salt water use and shall obtain a green tint due to the treatment.

PART 3. EXECUTION 3.01 Prior to treatment all dimension lumber shall be kiln-dried. Conditioning by heating is not

permitted. 3.02 All timber to be treated with alkaline copper quaternary (ACQ) shall be treated to a retention of 0.6

pounds per cubic foot. 3.03 All timber to be treated with chromated copper arsenate (CCA) shall be treated to a retention of 2.5

pounds per cubic foot. 3.04 Sealing compound for treatment of field cuts and drilled holes shall be two (2) coats of copper

naphthenate meeting AWPA standard P8. 3.05 Tropical hardwood shall be untreated PART 4. MEASUREMENT AND PAYMENT 4.1 METHOD OF MEASUREMENT AND PAYMENT A. No separate measurement or payment shall be made for the work in this Section.

Measurement and Payment for this item shall be included within the work it is associated with.


MASSACHUSETTS PORT AUTHORITY EAST BOSTON, MASSACHUSETTS

DIVISION IV

SAMPLE CONTRACT DOCUMENTS

TABLE OF CONTENTS

DIVISION IV

SAMPLE CONTRACT FORMS

Sample Forms Page

CONTRACT 1 to 2

PERFORMANCE BOND 3 to 4

PAYMENT BOND 5

SUBCONTRACT 6 to 8

AGREEMENT FOR CHANGE ORDER 9

NOTE: Above forms are included in these specifications merely as examples and are

not to be filled out when submitting proposals.

MPA MP1803-C1 IV-1

MASSACHUSETTS PORT AUTHORITY ONE HARBORSIDE DRIVE, SUITE 209S

EAST BOSTON, MASSACHUSETTS 02128-2909

CONTRACT

Clause 1. This Contract is made as of this ____ day of ______________, 200__, between the

Massachusetts Port Authority (“Authority”) and __________________________________

(“Contractor”) for work to be completed by the Contractor in accordance with the Contract

Documents (as hereinafter defined).

Clause 2. In consideration of the mutual promises herein contained, and for other good and valuable

consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority and the

Contractor, each for itself and its successors and assigns, agree as follows:

The Contractor agrees to furnish all equipment, machinery, tools and labor, furnish and deliver all

materials, complete all work, and fulfill all legal and contractual obligations, for the project

denominated and described in MPA Contract No.___________________________, entitled,

______________________________________________________________________________

(“Contract”), in strict conformity with the provisions set forth in this Contract and the Notice to

Contractors, Instructions to Bidders, Proposal, Proposal Guaranty, Contract Bond, Payment Bond,

Specifications (including General Requirements and Covenants), Special Provisions, Construction

Details, Addendum No.(s)_______, Plans, Notice to Proceed, Extra Work Orders, and mutual

agreements required to complete the work (together with authorized alterations or extensions of the

aforesaid, “Contract Documents”). All of the Contract Documents are hereby specifically made a

part of this Contract as fully and with the same effect as if the same had been set forth in their

entirety herein.

Clause 3. The Authority agrees to pay, and the Contractor agrees to receive, as full compensation for

all items furnished and delivered, all work completed properly, and all obligations fulfilled, by the

Contractor under this Contract, for all loss or damage arising out of the work under this Contract, for

all risks associated with such work, and for all expenses incurred in connection with the suspension

or discontinuance of such work, payment in the amount of ________________________________

______________________________________________________ Dollars ($__________), which

payment shall be made by the Authority in accordance with the requirements of the Contract

Documents.

Clause 4. This Contract shall be effective as of the date recited above, and shall remain in effect for

MPA MP1803-C1 IV-2

the time period set forth in the Contract Documents, unless extended or terminated by the Authority

in accordance with the Contract Documents. Time is of the essence for this Contract, and the

completion date(s) for the work hereunder (or certain phases of the work, if any) may be extended

only as provided in the Contract Documents.

IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year first written

above.

MASSACHUSETTS PORT AUTHORITY

By:

Title:

(Contractor Name)

By:

Title:

MPA MP1803-C1 IV-3

PERFORMANCE BOND

Know all by these presents, that , a

corporation duly organized under the laws of the State of and having a usual

place of business in (hereinafter the "Principal") and a

corporation duly organized and existing under the laws of and

having a usual place of business in (hereinafter the "Surety") are held and firmly bound

unto the Massachusetts Port Authority in the sum of ______________________________________

($ ) to be paid to the Authority, for which payment Principal and Surety bind themselves,

their heirs, executors, administrators, successors and assigns, jointly, severally, firmly by these

presents.

The condition of this obligation is such, that if the above Principal, its heirs, executors,

administrators, and assigns, shall in all respects fulfill and perform the covenants, conditions, and

agreements in the Contract entitled "MPA Contract No. _________________________________

_____________________________________________________________________________",

and any alteration or amendment thereto (hereinafter the "Contract"), at the time and in the manner

therein specified, and in all respects according to their true intent and meaning and shall indemnify

and hold harmless the Authority, its officers and agents, as therein stipulated, and shall pay for all

labor performed or furnished, for all materials used or employed in the work thereunder, and for the

rental or hire of vehicles, tools and other appliances and equipment employed in the work

thereunder, then this obligation shall become and be null and void; otherwise it shall be and remain

in full force and effect.

Provided, however, that if the Contract becomes subject to termination and/or cancellation by the

Authority for any of the reasons stated therein, upon the declaration of the Principals default by the

Authority, the Surety shall either remedy the default of the Principal and, with the consent of the

Authority, arrange for the Principal to perform and complete the Contract, or shall complete the work

under the Contract itself or through qualified independent contractors acceptable to the Authority in

accordance with its terms at the Surety's own cost and expense in return for which the Authority shall

pay the Surety in accordance with the Contract any balance of funds that would have been due the

Principal except for its default; and further provided that time being of the essence of the Contract, it

shall be the duty of the Surety to give to the Authority in writing within thirty (30) days after receipt

of the declaration of default from the Authority an unequivocal notice of the Surety’s election’ either

to: (a) remedy the default promptly and/or to perform and complete the Contract promptly, pursuant

to the above-stated terms or (b) to pay the Authority the penal sum of the bond. In such notice of

MPA MP1803-C1 IV-4

election, the Surety shall stipulate a date not later than sixty (60) days from its receipt of such a

declaration of default on which the remedy and/or performance shall be commenced and by whom.

It shall further be the duty of the Surety to give the Authority written notice immediately upon the

completion of the remedy of each default and the performance and completion of the Contract. The

Surety shall not assert the solvency of the Principal or the Principal's denial of default as justification

for its failure to give notice of such election or for its failure to promptly remedy the default or for its

failure to perform the Contract.

In the event that the Surety shall fail to give notice of its election within such 30-day period or to

commence any such remedy or performance hereunder within such 60-day period, the Authority shall

have the right to cause the work under the Contract to be performed by others, and the Principal and

the Surety hereby agree to pay the cost to complete the work under the Contract, up to the penal sum

of the bond.

IN WITNESS WHEREOF, we hereunto set our hands and seals this day of

A.D., Two Thousand and .

PRINCIPAL:

Seal

By:

In the presence of:

Title:

SURETY:

Seal

By:

WITNESS: :

Title:

MPA MP1803-C1 IV-5

PAYMENT BOND

Know all by these presents, that as

Principal, and as Surety, are held and firmly bound unto the

Massachusetts Port Authority in the sum of ($ )

lawful money of the United States of America, to be paid to the Massachusetts Port Authority, 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 Massachusetts Port Authority bearing

date of , Two Thousand and for the

construction of MPA Contract No. .

Now, the condition of this obligation is such, that if the Principal, 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, extension of time, changes, or additions to said Contract that

may hereinafter 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, the provisions of the Massachusetts General Laws, Chapter 30, Section

39-A, and Chapter l49, Section 29, as amended, then this obligation shall become null and void;

otherwise it shall remain in full force and virtue.

IN WITNESS WHEREOF, we hereunto set our hands and seals this day

of A.D., Two Thousand and .

PRINCIPAL:

SURETY:

Seal Seal

By::

By:

Title:

Title: Attorney-in-Fact

Signed and Sealed in the Presence of:

MPA MP1803-C1 IV-6

MASSACHUSETTS PORT AUTHORITY ONE HARBORSIDE DRIVE

EAST BOSTON, MASSACHUSETTS 02128-2909

SUBCONTRACT

THIS AGREEMENT made this day of 20 , by and between

a corporation organized

and existing under the laws of a partnership

consisting of an individual doing

business as hereinafter called the

"Contractor" and a corporation organized and existing under the

laws of a partnership consisting of

an individual doing business as

hereinafter called the "Subcontractor".

WITNESSETH, that the Contractor and the Subcontractor for the considerations hereafter named,

agree as follows:

l. The Subcontractor agrees to furnish all labor and materials required for the completion of all

work specified in Section No. of the Specifications

for_______________________________ (Name of Sub-trade) and the plans referred to

therein and Addenda No. , , and for the

(Complete Title of the Contract and Contract Number taken from the Title Page of Specifications)

all as prepared by _______________________________________________________

(Name of Architect or Engineer)for the sum of __________________________________

______________________________________ Dollars ($ ), and the

Contractor agrees to pay the Subcontractor said sum for said work. This price includes the

following alternates (and other items set forth in the sub-bid):

MPA MP1803-C1 IV-7

Alternate No.(s) .

a. The Subcontractor agrees to be bound to the Contractor by the terms of the

hereinbefore described plans, specifications, (including all general conditions stated

therein) and Addenda Nos., , , and , and to assume to the Contractor all

the obligations and responsibilities that the Contractor by those documents assumes

to the Massachusetts Port Authority, hereinafter called the "Authority", except to the

extent that provisions contained therein are by their terms or by law applicable only

to the Contractor.

b. The Contractor agrees to be bound to the Subcontractor by the terms of the

hereinbefore described documents and to assume to the Subcontractor all the

obligations and responsibilities that the Authority by the terms of the hereinbefore

described documents assumes to the Contractor, except to the extent that provisions

contained therein are by their terms or by law applicable only to the Authority.

2. The Contractor agrees to begin, prosecute and complete the entire work specified by the

Authority in an orderly manner so that the Subcontractor will be able to begin, prosecute and

complete the work described in this subcontract; and, in consideration thereof, upon notice

from the Contractor, either oral or in writing, the Subcontractor agrees to begin, prosecute

and complete the work described in this subcontract, in an orderly manner and with due

consideration to the date or time specified by the Authority for the completion of the entire

work.

3. The Subcontractor agrees to furnish to the Contractor within a reasonable time after the

execution of this subcontract, evidence of workmen's compensation insurance as required by

law and evidence of public liability and property damage insurance of the type and in limits

required to be furnished to the Authority by the Contractor.

4. The Contractor agrees that no claim for services rendered or materials furnished by the

Contractor to the Subcontractor shall be valid unless written notice thereof is given by the

Contractor to the Subcontractor during the first ten (l0) days of the calendar month

following that in which the claim originated.

5. This Agreement is contingent upon the execution of a general contract between the

Contractor and the Authority for the complete work.

MPA MP1803-C1 IV-8

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first

above-written.

Seal Seal (Contractor) (Subcontractor)

By:

By:

Title:

Title:

MPA MP1803-C1 IV-9

AGREEMENT FOR CHANGE ORDER

MPA Contract No.: Contract Name:

Change Order No.: Contractor Name and Address:

1. The Massachusetts Port Authority and the undersigned Contractor agree to the following: a. This agreement includes the following changes to the contract work:

See the attached Engineer's letter dated _________, which describes in more detail the changed work the Contractor will do in accordance with the terms and conditions as are herewith contained or attached and made a part hereof.

b. There shall be (added to) (deducted from) the contract price, (the lump sum of) (a sum not to exceed) $ See the attached cost breakdown.

c. The original length of the contract was days. Previous time changes were (+)(-) days. This change (adds) (deducts) days (to) (from) the contract time. The new contract length, including all change orders, is days. The new completion date is .

d. This agreement shall not become effective until it is accepted, signed and approved by the Massachusetts Port Authority.

4. The amount of this change eligible for FAA reimbursement is: $ ____

5. Approval of the above agreement by Massport is recommended by:

Architect-Engineer: Date

Firm Name:

Contractor: Title: Date:

Massport: Project Manager Date:

Massport:

Program Manager, Horizontal/Vertical or A/E Services Mgr. Date:

Massport: Assistant Director, Controls Date:

6. Approved By: Date: Massport Director of Capital Programs and Environmental Affairs

Reason for Change Cost of Changea. New Scope - b. Revision to Scopec. Differing/Latent Site Conditions - d. Design Discrepancy - e. Value Engineering - f. Liquidated Damages - g. Safety/Code Requirements - h. Regulatory Mandate - i. Project Acceleration - j. Stop Work - k. Quantity Adjustment (Unit Price Contract) - l. Other -

- TOTAL -

Contract Award AmountPrevious Additions - Previous Deletions - Previous Net Total - This Change - New Total Contract Amount -$

2. Reasons for the Change Order and respective cost(s):

3. Cost Summary of Changes to Date: