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CITY OF NEWTON Powered By Docstoc
					                             CITY OF NEWTON, MASSACHUSETTS
                             PURCHASING DEPARTMENT

                                   ADDENDUM #3



                             INVITATION TO BID #05-46
                            ACCESSIBILITY IMPROVMENTS
                                             AT
             POLICE ANNEX & AUBURNDALE BRANCH LIBRARY


March 14, 2005


PLEASE NOTE:
This addendum is to:

Provide REVISED Wage Rates – please see attached

All other terms and conditions of this bid remain unchanged

PLEASE ENSURE THAT YOU ACKNOWLEDGE THIS ADDENDUM ON YOUR BID FORM


Thank you.
Re Cappoli
Chief Procurement Officer
                                     Newton Community Development Program
                            LABOR COMPLIANCE/PREVAILING WAGES

PROJECT #: 02-3A, B04-3E
                                    PROJECT NAMES: POLICE ANNEX ACCESS
                                   AND AUBURNDALE BRANCH LIBRARY ACCESS
                                            Rates Current as of 3/11/05
                                            Rates Last Modified 3/04/05


                                            WAGE SUMMARY
                                                      (Building)

                          Job Classification         Federal Wage Rate and Fringes
                          Bricklayers, Cement Masons & Plasterers $36.01 + $17.94
                          Carpenters             $25.24 + $17.18
                          Electricians           $35.40 + $16.20
                          Elevator Mechanics            $41.145 + $12.015 + A
                          Glaziers            $26.46 + $15.86
                          Hazardous Materials Handler       $20.05 + $9.40
                          Insulators/Asbestos Workers       $34.23 + $14.12
                          Ironworkers            $29.23 + $18.11
                          Laborers:
                            Group 1           $21.90 + $11.35
                            Group 2           $22.15 + $11.35
                            Group 3           $22.65 + $11.35
                            Group 4           $22.90 + $11.35
                            Group 5           $22.65 + $11.35
                            Group 6           $23.90 + $11.35
                          Marble, Tile & Terrazzo Workers $35.59 + $16.77
                          Marble & Tile Finishers           $27.91 + $16.35
                          Painters:
                            New Construction
                            Brush, Taper         $26.46 + $15.86
                            Spray, Sandblast     $27.46 + $15.86
                            Repaint
                            Brush, Taper         $24.52 + $15.86
                            Spray, Sandblast     $25.51 + $15.86
          Piledriverman             $27.43 + $17.38
          Plasterer Tenders         $21.90 + $11.35
                          Plumbers               $42.22 + $12.73
                          Power Equipment Operators:
                            Group 1           $32.96 + $14.98 + A
                            Group 2           $32.71 + $14.98 + A
                            Group 3           $25.03 + $14.98 + A
                            Group 4           $25.65 + $14.98 + A
                            Group 5           $20.45 + $14.98 + A
                            Group 6           $22.67 + $14.98 + A
          Roofers                   $27.36 + $12.75
                          Soft Floor Layers          $31.48 + $16.68
          Teledata Systems Installers      $25.30 + $14.04

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

                                                  Project Manual #05-46                                  2
                                               Accessibility Improvements at
GENERAL DECISION: MA20030001 03/04/2005 MA1

Date: March 4, 2005
General Decision Number: MA20030001 03/04/2005

Superseded General Decision Number: MA020001

State: Massachusetts

Construction Types: Building

Counties: Barnstable, Bristol, Dukes, Essex, Middlesex,
Nantucket, Norfolk and Suffolk Counties in Massachusetts.

BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories)

Modification Number Publication Date
      0        06/13/2003
      1        03/19/2004
      2        08/13/2004
      3        08/20/2004
      4        09/10/2004
      5        10/01/2004
      6        11/05/2004
      7        11/12/2004
      8        01/21/2005
      9        02/18/2005
     10        03/04/2005

ASBE0006-001 09/01/2004

BARNSTABLE (Except Barnstable, Bourne, Falmouth, Mashpee,
Sandwich); BRISTOL (Easton); ESSEX; SUFFOLK; MIDDLESEX; AND
NORFOLK (Except Bellingham, Franklin, Plainville, Wrentham)
COUNTIES

                          Rates         Fringes

  Insulator/asbestos worker
    Includes the application
    of all insulating
    materials, protective
    coverings, coatings, and
    finishes to all types of
    mechanical systems..........$ 34.23              14.12
----------------------------------------------------------------
ASBE0006-002 06/01/2004

BARNSTABLE (Except Barnstable, Bourne, Falmouth, Mashpee,
Sandwich), ESSEX, MIDDLESEX, NORFOLK (Except Bellingham,
Franklin, Plainville, Wrentham), AND SUFFOLK COUNTIES

                          Rates         Fringes

 Hazardous Material Handler
 (Includes preparation,
 wetting, stripping, removal,
 scrapping, vacuuming,
 bagging and disposing of all

                                                          Project Manual #05-46        3
                                                       Accessibility Improvements at
  insulation materials from
  mechanical systems whether
  they contain asbestos or not)..$ 20.05                9.40
----------------------------------------------------------------
ASBE0031-005 09/01/2003

BARNSTABLE (Townships of Barnstable, Bourne, Falmouth, Mashpee
and Sandwich), BRISTOL (Except Easton) & NORFOLK (Bellingham,
Franklin, Plainville & Wrentham) DUKES & NANTUCKET COUNTIES

                          Rates         Fringes

  Insulator/asbestos worker
  (Includes the application of
  all insulating materials,
  protective coverings,
  coatings, and finishes to
  all tyes of mechanical systems)$ 27.42                 12.81
----------------------------------------------------------------
ASBE0201-001 07/01/2002

BARNSTABLE (Barnstable, Bourne, Falmouth, Mashpee, Sandwich);
BRISTOL (Except Easton); DUKES, NANTUCKET, NORFOLK (Townships
of Bellingham, Franklin, Plainville and Wrentham); PLYMOUTH
(Townships of Lakeville, Mattapoisett, Middleboro, Rocherster
and Wareham)

                          Rates         Fringes

  Hazardous Material Handler
  (Includes preparation,
  wetting, stripping, removal,
  scrapping, vacuuming, bagging
  and disposing of all
  insulation materials from
  mechanical systems, whether
  they contain asbestos or not)..$ 17.10                8.25
----------------------------------------------------------------
BOIL0029-001 10/01/2004

                          Rates         Fringes

  Boilermaker....................$ 30.225 34.08%+7.71
----------------------------------------------------------------
* BRMA0001-008 03/01/2005

FOXBORO CHAPTER
BRISTOL (Attleboro, Berkley, Dighton, Mansfield, North
Attleboro, Norton, Raynham, Rehoboth, Seekonk, Taunton) AND
NORFOLK (Bellingham, Canton, Dedham, Foxboro, Franklin,
Norfolk, Norwood, Plainville, Sharon, Walpole, Westrwood,
Wrentham) COUNTIES

                          Rates         Fringes

  Bricklayer, Cement Mason,
  Plasterer......................$ 35.39      18.42
----------------------------------------------------------------
* BRMA0001-009 03/01/2005


                                                          Project Manual #05-46        4
                                                       Accessibility Improvements at
LOWELL CHAPTER
MIDDLESEX (Acton, Asby, Ayer, Bedford, Billerica, Boxboro,
Carlisle, Chemsford, Dracut, Dunstble, Ft. Denvens, Groton,
Littleton, Lowell, North Acton, Pepperell, Shirley, South
Acton, Tewksbury, Townsend, Tyngsboro, West Acton, Westford,
Wilmington)

                          Rates         Fringes

  Bricklayer and plasterer.......$ 35.39             18.42
----------------------------------------------------------------
* BRMA0001-010 03/01/2005

LOWELL CHAPTER
MIDDLESEX (Ashland, Framingham, Holliston, Hopkinton, Hudson,
Maynard, Natick, Sherbvorn, Stow); and NORFOLK (Medfield,
Medway,Millis)

                          Rates         Fringes

  Bricklayer.....................$ 35.39        18.42
----------------------------------------------------------------
* BRMA0003-001 11/01/2004

                          Rates         Fringes

  Marble & Tile Finisher.........$ 27.91              16.35
  Marble, Tile & Terrazzo Workers$ 35.59                    16.77
  Terrazzo Finisher..............$ 34.49           16.60
----------------------------------------------------------------
BRMA0003-003 02/01/2005

BOSTON CHAPTER
MIDDLESEX (Arlington, Cambridge, Everett, Malden, Medford,
Melrose, Somerville); NORFOLK (Brookline, Milton); and SUFFOLK

                          Rates         Fringes

  Bricklayer.....................$ 36.26        17.69
----------------------------------------------------------------
BRMA0003-006 02/01/2005

LYNN CHAPTER
ESSEX (Amesbury, Andover, Beverly, Boxford, Danvers, Essex,
Georgetown, Gloucester, Groveland, Hamilton, Haverhill,
Ipsewich, Lawrence, Lynn, Lynnfield, Manchester, Marblehead,
Merrimac, Methuen, Middleton, Nahant, Newbury, Newburyport,
North Andover, Peabody, Rockport, Rowley, Salisbury, Salem,
Saugus, Swampscott, Topsfield Wakefield, Wenham, West Newbury);
and MIDDLESEX (Reading, North Reading, Wakefield)

                          Rates         Fringes

  Bricklayer, cement mason and
  plasterer......................$ 36.26      17.69
----------------------------------------------------------------
BRMA0003-007 02/01/2005

WALTHAM CHAPTER
MIDDLESEX (Belmont, Burlington, Concord, Lexington, Lincoln,

                                                          Project Manual #05-46        5
                                                       Accessibility Improvements at
Stoneham, Sudbury, Waltham, Watertown, Wayland, Weston,
Winchester, Woburn)

                          Rates           Fringes

  Bricklayer and plasterer.......$ 35.51             18.44
----------------------------------------------------------------
BRMA0003-008 02/01/2005

NEWTON CHAPTER
MIDDLESEX (Newton) and NORFOLK (Dover, Needham, Wellesley)

                          Rates           Fringes

  Bricklayer, cement mason and
  plasterer......................$ 36.01      17.94
----------------------------------------------------------------
BRMA0003-009 02/01/2005

NEW BEDFORD
BARNSTABLE; BRISTOL (Acushnet, Darmouth, Farhaven, Fall River,
Freetown, New Bedford, Somerset, Swansea, Westport); DUKES; and
NANTUCKET COUNTIES

                          Rates           Fringes

  Bricklayer, cement mason and
  plasterer......................$ 36.26      17.69
----------------------------------------------------------------
BRMA0003-010 02/01/2005

QUINCY CHAPTER
NORFOLK COUNTY (Avon, Braintree, Cohasset, Holbrook, Quincy,
Randolph, Soughton, Weymouth)

                          Rates           Fringes

  Bricklayer, cement mason and
  plasterer......................$ 35.51      18.44
----------------------------------------------------------------
CARP0026-001 10/01/2004

BRISTOL (Attleborough, North Attleborough); ESSEX; MIDDLESEX
(Except Belmont, Cambridge, Everett, Malden, Medford,
Somerville); AND NORFOLK (Bellingham, Canton, Foxboro,
Franklin, Medfield, Medway, Millis, Needham, Norfolk, Norwood,
Plainville, Sharon, Walpole, Wellesley, Westwood, Wrentham)

                          Rates           Fringes

  Carpenter......................$ 25.24        17.18
----------------------------------------------------------------
CARP0033-001 10/01/2004

MIDDLESEX (Belmont, Cambridge, Everett, Malden, Medford,
Somerville); NORFOLK (Brookline, Dedham, Milton); and SUFFOLK

                          Rates           Fringes

 Carpenter......................$ 30.76        17.31

                                                          Project Manual #05-46        6
                                                       Accessibility Improvements at
----------------------------------------------------------------
CARP0056-011 08/01/2004

SUFFOLK (All of County); and those areas of BARNSTABLE,
BRISTOL, ESSEX, MIDDLESEX & NORFOLK COUNTIES situated inside
Boston Beltway (I-495) and North of Cape Cod Canal

                          Rates         Fringes

  Piledriverman..................$ 27.43          17.38
----------------------------------------------------------------
CARP0056-012 08/01/2004

All of DUKES and NANTUCKET COUNTIES; and those areas of
BARNSTABLE, BRISTOL, and NORFOLK COUNTIES situated OUTSIDE
Boston Beltway (I-495) and South of Cape Cod Canal

                          Rates         Fringes

  Piledriverman..................$ 27.43          17.38
----------------------------------------------------------------
CARP0056-013 08/01/2004

Those areas of ESSEX and MIDDLESEX COUNTIES situated OUTSIDE
Boston Beltway (I-495)

                          Rates         Fringes

  Piledriverman..................$ 27.43          17.38
----------------------------------------------------------------
CARP0424-003 10/01/2004

NORFOLK COUNTY (Braintree, Cohassett, Scituate, Weymouth,
Quincy)

                          Rates         Fringes

  Carpenter......................$ 25.24        17.18
----------------------------------------------------------------
CARP0624-005 10/01/2004

BARNSTABLE; BRISTOL (Except Attleboro & North Attleboro);
DUKES; NANTUCKET; AND NORFOLK (Avon, Holbrook, Randolph,
Stoughton) COUNTIES

                          Rates         Fringes

  Carpenter......................$ 25.24        17.18
----------------------------------------------------------------
CARP1121-001 10/01/2004

                          Rates         Fringes

  Millwright.....................$ 27.93        17.37
----------------------------------------------------------------
CARP2168-001 10/01/2004

MIDDLESEX (Belmont, Cambridge, Everett, Malden, Medford,
Somerville); NORFOLK (Brookline, Dedham, Milton); and SUFFOLK


                                                          Project Manual #05-46        7
                                                       Accessibility Improvements at
                          Rates         Fringes

  Soft Floor Layer...............$ 31.48           16.68
----------------------------------------------------------------
CARP2168-004 10/01/2004

BRISTOL; ESSEX; MIDDLESEX (Except Belmont, Cambridge, Everett,
Malden, Medford, Somerville); Remainder of Norfolk County

                          Rates         Fringes

  Soft Floor Layer...............$ 31.48           16.68
----------------------------------------------------------------
CARP2168-005 10/01/2004

BARNSTABALE; DUKES; AND NANTUCKET

                          Rates         Fringes

  Soft Floor Layer...............$ 29.17           16.68
----------------------------------------------------------------
ELEC0096-001 12/01/2004

MIDDLESEX (Ashby, Ashland, Ayer, Ft. Devens, Groton, Hopkinton,
Hudson, Marlboro, Pepperell, Shirley, Stow, Townsend)

                          Rates         Fringes

  Electrician....................$ 28.65       16.02
  Teledata System Installer......$ 21.00              10.42
----------------------------------------------------------------
ELEC0099-001 06/01/2004

BRISTOL (Attleboro, North Attleboro, Seekonk)

                          Rates         Fringes

  Electrician....................$ 30.47         42%
  Teledata System Installer......$ 18.85            4.44+17%
----------------------------------------------------------------
ELEC0103-001 06/01/2003

ESSEX; MIDDLESEX (Excluding Ashby, Ashland, Ayer, Ft. Devens,
Groton, Hopkinton, Hudson, Marlboro, Pepperell, Shirley, Stow,
Townsend); NORFOLK (Excluding Avon, Holbrook, Plainville,
Randolph, Stoughton) SUFFOLK

                          Rates         Fringes

  Teledata System Installer......$ 25.30              14.04
----------------------------------------------------------------
ELEC0103-002 09/01/2003

ESSEX (Amesbury, Andover, Boxford, Georgetown, Groveland,
Haverhill, Lawrence, Merrimac, Methuen, Newbury, Newburyport,
North Andover, Rowley, Salisbury, West Newbury); MIDDLESEX
(Bedford, Billerica, Boxboro, Burlington, Carlisle, Chelmsford,
Dracut, Dunstable littleton, Lowell, North Reading, Tewksbury,
Tyngsboro, Westford, Wilmington)


                                                          Project Manual #05-46        8
                                                       Accessibility Improvements at
                          Rates         Fringes

  Electrician....................$ 35.40       16.20
----------------------------------------------------------------
ELEC0103-004 09/01/2003

ESSEX (Beverly, Danvers, Essex, Gloucester, Hamilton, Ipswich,
Manchester, Marblehead, Middleton, Peabody, Rockport, Salem,
Topsfield, Wenham)

                          Rates         Fringes

  Electrician....................$ 35.40       16.20
----------------------------------------------------------------
ELEC0103-005 09/01/2003

ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swampscott); MIDDLESEX
(Acton, Arlington, Belmont, Cambridge, Concord, Everett,
Framingham, Holliston, Lexington, Lincoln, Malden, Maynard,
Medford, Melrose, Natick, Newton, Reading, Sherborn,
Somerville, Stoneham, Sudbury, Wakefield, Waltham, Watertown,
Wayland, Weston, Winchester, Woburn); NORFOLK (Bellingham,
Braintree, Brookline, Canton, Cohasset, Dedham, Dover, Foxboro,
Frankloin, Medfield, Medway, Millis, Milton, Needham, Norfolk,
Norwood, Quincy, Sharon, Walpole, Wellesley, Westwood,
Weymouth, Wrentham); PLYMOUTH (Hingham and Hull);SUFFOLK

                          Rates         Fringes

  Electrician....................$ 35.40       16.20
----------------------------------------------------------------
ELEC0104-001 08/31/2003

                          Rates         Fringes

 Line Construction:
   Cableman....................$ 26.79 8.45+6%+A
   Equipment Operator..........$ 26.79      8.45+6%+A
   Groundman...................$ 17.34   6.95+6%+A
   Lineman.....................$ 31.52 9.20+6%+A

  A. PAID HOLIDAYS: New Year's Day; Memorial Day;
  Independence Day; Labor Day; Thanksgiving Day; Christmas
  Day and Columbus Day, provided the employee has been
  employed 5 working days prior to any one of the listed
  holidays.
----------------------------------------------------------------
ELEC0223-005 09/01/2004

BARNSTABLE; BRISTOL (Except Attleboro, North Attleboro,
Seekonk); DUKES; NANTUCKET AND NORFOLK (Avon, Halbrook,
Plainville, Randolph, Stoughton)

                          Rates         Fringes

  Electrician....................$ 31.10       13.22
----------------------------------------------------------------
ELEC0223-006 09/01/2004

BARNSTABLE; BRISTOL (Except Attleboro, North Attleboro,

                                                          Project Manual #05-46        9
                                                       Accessibility Improvements at
Seekonk); DUKES; NANTUCKET AND NORFOLK (Avon, Halbrook,
Plainville, Randolph, Stoughton)

                          Rates         Fringes

  Teledata System Installer......$ 24.26              10.43
----------------------------------------------------------------
* ELEV0004-001 01/01/2005

                          Rates         Fringes

 Elevator Mechanic..............$ 41.145           12.015+A

FOOTNOTE FOR ELEVATOR MECHANICS:
  A. Employer Contributes 8% of basic hourly rate for 5 years
  or more of service and 6% for 6 months to 5 years of
  service as vacation pay. Six paid holidays (provided
  employee has worked 5 consecutive days before and the
  working day after the holiday): New Year's Day, Memorial
  Day, Independence Day, Labor Day, Thanksgiving Day, and
  Christmas Day.
----------------------------------------------------------------
ENGI0004-001 12/01/2004

                          Rates         Fringes

 Power equipment operators:
  Group 1.....................$ 32.96        14.98+A
  Group 2.....................$ 32.71        14.98+A
  Group 3.....................$ 25.03        14.98+A
  Group 4.....................$ 25.65        14.98+A
  Group 5.....................$ 20.45        14.98+A
  Group 6.....................$ 22.67        14.98+A

FOOTNOTE FOR POWER EQUIPMENT OPERATORS:

 A. PAID HOLIDAYS: New Year's Day, Washington's Birthday,
 Labor Day, Memorial Day, Independence Day, Patriot's Day,
 Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day

HOURLY PREMIUM FOR BOOM LENGTHS (Including Jib):
 Over 150 ft. +1.59
 Over 185 ft. +2.79
 Over 210 ft. +3.92
 Over 250 ft. +5.95
 Over 295 ft. +8.23
 Over 350 ft. +9.59

    POWER EQUIPMENT OPERATORS CLASSIFICATIONS

 Group 1: Crane; shovel; truck crane; cherry picker;
 dragline; trench hoe; backhoe; three drum machine; derrick;
 pile driver; elevator tower; hoist; gradall; shovel dozer;
 front end loader; fork lift; suger; boring machine; rotaryu
 drill; post hole hammer; post hole digger; pumpcrete
 machine; asphalt plant (on site); concrete batching and/or
 mixing plant (on site); crusher plant (on site); paving
 concrete mixer; timber jack

 Group 2: Sonic or vibratory hammer; grader; scraper; tandem

                                                         Project Manual #05-46         1 0
                                                       Accessibility Improvements at
 scraper; concrete pump; bulldozer; tractor; york rake;
 mulching machine; portable steam boiler; portable steam
 generator; roller; spreader; tamper (self propelled or
 tractor drawn); asphalt paver; mechanic - maintenance;
 paving screed machine; stationary steam boiler; paving
 concrete finishing machine; cal truck; ballast regulator;
 switch tamper; rail anchor machine; tire truck

 Group 3: Pumps (1-3 grouped); compressor; welding machine
 (1-3 grouped); generator; concrete vibrator; heater (power
 driven 1- 5); well point system (operating);
 syphon-pulsometer; concrete mixer; valves controlling
 permanent plant air or steam; conveyor; Jackson type
 tamper; single diaphragm pump; lighting plant

Group 4: Assistant engineer (fireman)

Group 5: Oiler (other than truck cranes and gradalls)

  Group 6: Oiler (on truck cranes and gradalls) stant engineer
  (on truck crane and gradall)
----------------------------------------------------------------
IRON0007-006 09/16/2004

                       Rates        Fringes

 Ironworkers:
   BRISTOL (Easton); ESSEX
   (Beverly Gloucester,
   Lynn,Lynnfield,
   Manchester, Marblehead
   Nahant, Salem, Saugus,
   Swampscott); MIDDLESEX
   (Arlington, Bedford,
   Belmont, Burlington,
   Cambridge, Concord,
   Everett, Framingham,
   Lexington, Lincoln,
   Malden, Maynard, Medford,
   Melrose, Natick, Newton,
   Reading, Sherborn,
   Somerville, Stoneham,
   Sudbury, Wakefield,
   Waltham, Watertown,
   Wayland, Weston,
   Winchester, Woburn);
   NORFOLK (Except Medway);
   SUFFOLK.....................$ 29.23        18.11
   ESSEX (Amesbury, Andover,
   Boxford, Danvers, Essex,
   Gerogetown, Hamilton,
   Haverhill, Ipswich,
   Lawrence, Merrimac,
   Methuen, Newbury,
   Newburyport, North
   Andover, Rockport, Rowley,
   Salisbury, Topsfield,
   Wenham, West Newbury);
   MIDDLESEX (Action,
   Billericia, Carlisle,

                                                   Project Manual #05-46         1 1
                                                 Accessibility Improvements at
    Chelmsford, Dracut,
    Dunstable, Groton,
    Groveland, Littleton,
    Lowell, Middleton, North
    Reading, Pepperell,
    Tewksbury, Tyngsboro,
    Westford, Wilminton)........$ 24.82               18.11
----------------------------------------------------------------
IRON0037-005 01/04/2004

BARNSTABLE; BRISTOL (Acushnet, Attleboro, Berkley, Dartmouth,
Dighton, Fairhaven, Fall River, Freetown, Mansfield, New
Bedford, North Attleboro, Norton, Raynham, Rehoboth, Seekonk,
Somerset, Swansea, Taunton, Westport); DUKES; NANTUCKET;
NORFOLK (Billingham, Franklin, Plainville, Wrentham)

                          Rates         Fringes

  Ironworker.....................$ 29.45         12.08
----------------------------------------------------------------
* IRON0057-001 11/01/2004

MIDDLESEX (Ashby, Ashland, Ayer, Boxboro, Holliston, Hopkinton,
Hudson, Marlboro, Shirley, Stow, Townsend); NORFOLK (Medway)

                          Rates         Fringes

  Ironworker.....................$ 30.87         16.43
----------------------------------------------------------------
LABO0014-001 12/01/2004

                          Rates         Fringes

 Plasterer tender
   BARNSTABLE, BRISTOL,
   DUKES, ESSEX, NANTUCKET,
   MIDDLESEX (with the
   exception of Arlington,
   Belmont, Burlington,
   Cambridge, Everett,
   Malden, Medford, Melrose,
   Reading, Somerville,
   Stoneham, Wakefield,
   Winchester, Winthrop and
   Woburn); NORFOLK (with the
   exception of Brookline
   Dedham and Milton) COUNTIES.$ 21.90      11.35
   SUFFOLK COUNTY (Boston,
   Chelsea, Revere, Winthrop,
   Deer Island, Nut Island);
   MIDDLESEX COUNTY
   (Arlington, Belmont,
   Burlington, Cambridge,
   Everett, Malden, Medford,
   Melrose, Reading,
   Somerville, Stoneham,
   Wakefield, Winchester,
   Winthrop and Woburn only);
   NORFOLK COUNTY (Brookline,
   Dedham, and Milton only)....$ 23.20 13.40

                                                         Project Manual #05-46         1 2
                                                       Accessibility Improvements at
----------------------------------------------------------------
LABO0022-009 12/01/2004

SUFFOLK COUNTY (Boston, Chelsea, Revere, Winthrop, Deer & Nut
Islands); MIDDLESEX COUNTY (Arlington, Belmont, Burlington,
Cambridge, Everett, Malden, Medford, Melrose, Reading,
Somerville, Stoneham, Wakefield, Winchester, Winthrop, and
Woburn only); NORFOLK COUNTY (Brookline, Dedham, and Milton
only)

                          Rates         Fringes

 Laborers:
  Group 1.....................$ 23.20          13.40
  Group 2.....................$ 23.45          13.40
  Group 3.....................$ 23.95          13.40
  Group 4.....................$ 24.20          13.40
  Group 5.....................$ 23.95          13.40
  Group 6.....................$ 25.20          13.40
  Group 7.....................$ 17.30          13.40

LABORERS CLASSIFICATIONS

GROUP 1: Laborers; Carpenter Tenders

 GROUP 2: Jackhammer operator; pavement breaker; asphalt
 raker carbide core drilling machine; chain saw operator;
 pipelayer; barco type jumping tampers; laser beam; concrete
 pump; mason tender; motorized mortar mixer; ride-on
 motorized buggy; fence and beam rail erector

 GROUP 3: Air track, block paver; rammer; curb setter,
 hydraulic and similar self-powered drills

GROUP 4: Blaster; powderman

GROUP 5: Pre-cast floor and roof plank erector

GROUP 6: Asbestos removal laborers/haz-mat laborers

GROUP 7: Flaggers
----------------------------------------------------------------
LABO0022-010 12/01/2004

Counties of BARNSTABLE; BRISTOL; DUKES; ESSEX; NANTUCKET;
MIDDLESEX (with the exception of Arlington, Belmont,
Burlington, Cambridge, Everett, Malden, Medford, Melrose,
Reading, Somerville, Stoneham, Wakfield, Winchester, Winthrop
and Woburn); NORFOLK (with the exception of Brookline, Dedham
and Milton)

                          Rates         Fringes

 Laborers:
  Group 1.....................$ 21.90          11.35
  Group 2.....................$ 22.15          11.35
  Group 3.....................$ 22.65          11.35
  Group 4.....................$ 22.90          11.35
  Group 5.....................$ 22.65          11.35
  Group 6.....................$ 23.90          11.35

                                                         Project Manual #05-46         1 3
                                                       Accessibility Improvements at
LABORERS CLASSIFICATIONS

GROUP 1: Laborers; Carpenter Tenders

 GROUP 2: Jackhammer operator; pavement breaker; asphalt
 raker carbide core drilling machine; chain saw operator;
 pipelayer; barco type jumping tampers; laser beam; concrete
 pump; mason tender; motorized mortar mixer; ride-on
 motorized buggy; fence and beam rail erector

 GROUP 3: Air track, block paver; hammer; curb setter,
 hydraulic and similar self-powered drills

GROUP 4: Blaster; powderman

GROUP 5: Pre-cast floor and roof plank erector

GROUP 6: Asbestos removal laborers/haz-mat laborers
----------------------------------------------------------------
* LABO1421-004 12/01/2003

BARNSTABLE, BRISTOL, DUKES, ESSEX, MIDDLESEX, NANTUCKET NORFOLK
AND SUFFOLK COUNTIES

                           Rates          Fringes

  Laborers:
    WRECKING LABORERS:
     Adzeman....................$ 22.60          11.90
     Asbestos, Toxic Hazardous
     waste and lead paint
     removers...................$ 24.60         11.90
     Burners, Jackhammers.......$ 22.85                11.90
     Small Backhoes, Loaders
     on Tract, and Bobcat type
     loaders....................$ 23.10       11.90
     Wrecking Laborers..........$ 22.60              11.90
     Yardmen Burners, Sawyers...$ 21.70                   11.90
     Yardmen Laborer (Salvage
     Yard only).................$ 18.60         11.90
----------------------------------------------------------------
PAIN0011-007 06/01/2004

BARNSTABLE, BRISTOL, DUKES, AND NANTUCKET COUNTIES

                           Rates          Fringes

 Glazier........................$ 29.48       9.00+A

FOOTNOTE:
  A. PAID HOLIDAY: LABOR DAY (provided employee has worked any
  part of the week prior to Labor Day and any part of the
  week after Labor Day)
----------------------------------------------------------------
PAIN0035-004 01/01/2005

BARNSTABLE; BRISTOL; ESSEX; NANTUCKET; DUKES; COUNTIES;
REMAINDER OF NORFOLK; MIDDLESEX AND SUFFOLK COUNTIES


                                                         Project Manual #05-46         1 4
                                                       Accessibility Improvements at
                          Rates         Fringes

  Painters:
    NEW CONSTRUCTION:
     Brush, Taper...............$ 26.46          15.86
     Spray, Sandblast...........$ 27.46            15.86
    REPAINT:
     Brush, Taper...............$ 24.52          15.86
     Spray, Sandblast...........$ 25.51            15.86
----------------------------------------------------------------
PAIN0035-013 01/01/2005

MIDDLESEX (Cambridge, Everett, Malden, Medford, Somerville)
SUFFOLK COUNTY (Boston, Chelsea) NORFOLK COUNTY (Brookline)

                          Rates         Fringes

  Painters:
    NEW CONSTRUCTION;
     Brush, Taper...............$ 32.25          15.86
     Spray, Sandblast...........$ 33.25            15.86
    REPAINT;
     Brush, Taper...............$ 30.31          15.86
     Spray, Sandblast...........$ 31.31            15.86
----------------------------------------------------------------
PAIN0035-020 01/01/2005

ESSEX; MIDDLESEX; NORFOLK; SUFFOLK

                          Rates         Fringes

  Glazier........................$ 26.46      15.86
----------------------------------------------------------------
PLAS0534-001 01/01/2005

ESSEX (Amesbury, Andover, Boxford, Georgetown, Groveland,
Haverhill, Lawrence, Merrimac, Methuen, North Andover,
Salisbury, West Newbury); MIDDLESEX (Acton, Arlington, Bedford,
Billerica, Burlington, Cambridge,Carlisle, Chemsford, Dracut,
Dunstable, Everett, Littleton, Lowell, Malden, Medford,
Melrose, Reading, North Reading, Stoneham, Tewksbury,
Tyngsboro, Wakefield, Westford, Wilmington, Winchester &
Woburn); AND NORFOLK (Brookline, Milton)SUFFOLK COUNTY

                          Rates         Fringes

  Cement Mason...................$ 31.35            20.56
----------------------------------------------------------------
PLAS0534-004 01/01/2005

MIDDLESEX (Arlington, Cambridge, Everett, Malden, Medford,
Melrose, Somerville); NORFOLK (Brookline, Milton): and SUFFOLK

                          Rates         Fringes

  Plasterer......................$ 31.35      20.56
----------------------------------------------------------------
PLUM0004-001 09/01/2004

MIDDLESEX (Ashby, Ayer-West of Greenville branch of Boston and

                                                         Project Manual #05-46         1 5
                                                       Accessibility Improvements at
Maine Railroad, Ft. Devens, Groton, Shirley, Townsend)

                          Rates         Fringes

  Plumbers and Pipefitters.......$ 32.04              13.48
----------------------------------------------------------------
* PLUM0012-005 03/01/2005

ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swampscott); MIDDLESEX
(Acton, Arlington, Ashland, Ayer - except W. of Greenville
Branch of Boston & Maine RR, Bedford, Belmont, Billerica,
Boxboro, Burlington, Cambridge, Carlisle, Chelmsford, Concord,
Dracut, Dunstable, Everett, Framingham, Hudson, Holliston,
Hopkinton, Lexington, Lincoln, Littleton, Lowell, Malden,
Marlboro, Maynard, Medford, Melrose, Natick, Newton, North
Reading, Pepperell, Reading, Sherborn, Somerville, Stoneham,
Stow, Sudbury, Tewksbury, Tyngsboro, Wakefield, Waltham,
Watertown, Wayland, Westford, Wilmington, Winchester, Woburn);
NORFOLK (Bellingham, Braintree, Brokline, Canton, Cohasset,
Dedham, Dover,Foxboro, Franklin, Medfield, Medway, Millis,
Milton, Needham, Norfolk, Norwood, Plainville, Quincy, Sharon,
Walpole, Wellesley, Westwood, Weymouth, Wrentham); AND SUFFOLK
COUNTIES

                          Rates         Fringes

  Plumber........................$ 42.22        12.73
----------------------------------------------------------------
PLUM0051-004 09/01/2004

BARNSTABLE; BRISTOL; DUKES; NANTUCKET; AND NORFOLK (Avon,
Holbrook, Randolph, Stoughton) COUNTIES

                          Rates         Fringes

  Plumbers and Pipefitters.......$ 31.16              15.41
----------------------------------------------------------------
PLUM0138-001 09/01/2004

ESSEX (Ames, Andover, Beverly, Boxford, Byfield, Danvers,
Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill,
Ipswich, Lawrence, Manchester, Marblehead, Merrimac, Methuen,
Middleton, Newbury, Newburyport, North Andover, Peabody,
Rockport, Rowley, Salem, Salisbury, Topsfield, Wenham, West
Newbury)

                          Rates         Fringes

  Plumber, Pipefitter,
  Steamfitter....................$ 33.17        14.24
----------------------------------------------------------------
PLUM0537-003 09/01/2003

MIDDLESEX (Arlington, Cambridge, Everett, Lincoln, Malden,
Medford, Melrose, Reading, Wakefield, Winchester and Woburn),
NORFOLK (Bellingham, Braintree, Brookline, Canton, Cashasset,
(Bellingham, Braintree, Brookline, Canton Cashasset, Dedham,
Foxboro, Franklin, Millis, Milton, Sharon, Walpole, Westwood,
and Wrenthan) ESSEX (Lynn, Lynnfield, Nahant, Saugus,
Swanpscott) SUFFOLK (Boston and Chelsea)

                                                         Project Manual #05-46         1 6
                                                       Accessibility Improvements at
                          Rates         Fringes

  Pipefitter.....................$ 36.86      13.79
----------------------------------------------------------------
ROOF0033-001 08/01/2003

                          Rates         Fringes

  Roofers:
    All Tear-off and/or
    removal of any types of
    roofing , and all
    spudding, sweeping,
    vacuuming and/or cleanup
    of any and all areas of any
    type where a roof is to be
    relaid......................$ 27.36      12.75
----------------------------------------------------------------
SFMA0550-001 01/01/2005

BRISTOL (Portion within 35 mile radius from Boston City Hall;
ESSEX; MIDDLESEX (Except Ashby, Townsend, and portions of
Pepperell and Shirley beyond 35 mile radius from Boston City
Hall); NORFOLK; PLYMOUTH (Portion within 35 mile radius of
Boston City Hall); SUFFOLK

                          Rates         Fringes

  Sprinkler Fitter...............$ 41.00         13.96
----------------------------------------------------------------
SFMA0669-001 01/01/2005

BARNSTABLE; BRISTOL (Beyond 35 mile radius of Boston City
Hall); DUKES; MIDDLESEX (Ashby, Townsend, portions of Pepperell
and Shirley beyond 35 mile radius of Boston City Hall);
NANTUCKET; PLYMOUTH (Beyond 35 mile radius of Boston City Hall)

                          Rates         Fringes

  Sprinkler Fitter...............$ 26.03         12.25
----------------------------------------------------------------
SFMA0676-001 08/01/2004

BRISTOL (Seekonk, Swansea, and Somerset)

                          Rates         Fringes

  Sprinkler Fitter...............$ 32.50         11.90
----------------------------------------------------------------
SHEE0017-003 02/01/2005

BRISTOL (Attleboro, Berkley, Easton, Mansfield, North
Attleboro, Norton, Raynham, Taunton); ESSEX; MIDDLESEX;
NORFOLK; PLYMOUTH (except except Marion, Mattapoisett,
Rochester, Wareham); SUFFOLK

                          Rates         Fringes

 Sheet metal worker.............$ 34.30             22.04

                                                         Project Manual #05-46         1 7
                                                       Accessibility Improvements at
----------------------------------------------------------------
SHEE0017-007 07/01/2004

BARNSTABLE; BRISTOL (Acushnet, Dartmouth, Dighton, Fairhaven,
Fall River, Freetown, Rehoboth, Seeekonk, Somerset, Swansea,
Westport, New Bedford); DUKES; AND NANTUCKET

                          Rates         Fringes

  Sheet metal worker.............$ 29.87            17.34
----------------------------------------------------------------
TEAM0379-001 12/01/2004

                          Rates         Fringes

 Truck drivers:
  Group 1.....................$ 26.13       10.16+A+B
  Group 2.....................$ 26.30       10.16+A+B
  Group 3.....................$ 26.37       10.16+A+B
  Group 4.....................$ 26.49       10.16+A+B
  Group 5.....................$ 26.59       10.16+A+B
  Group 6.....................$ 26.88       10.16+A+B
  Group 7.....................$ 27.17       10.16+A+B

POWER TRUCKS $.25 DIFFERENTIAL BY AXLE
TUNNEL WORK (UNDERGROUND ONLY) $.40 DIFFERENTIAL BY AXLE
 HAZARDOUS MATERIALS (IN HOT ZONE ONLY) $2.00 PREMIUM


            TRUCK DRIVERS CLASSIFICATIONS

Group 1: Station wagons; panel trucks; and pickup trucks

Group 2: Two axle equipment; & forklift operator

Group 3: Three axle equipment and tireman

Group 4: Four and Five Axle equipment

 Group 5: Specialized earth moving equipment under 35 tons
 other than conventional type trucks; low bed; vachual;
 mechanics, paving restoration equipment

Group 6: Specialized earth moving equipment over 35 tons

 Group 7: Trailers for earth moving equipment (double hookup)


FOOTNOTES:

 A. PAID HOLIDAYS: New Year's Day, Washington's Birthday,
 Memorial Day, Independence Day, Labor Day, Patriot's Day,
 Columbus Day, Veteran's Day, Thanksgiving Day and Christmas
 Day

 B. PAID VACATION: Employees with 4 months to 1 year of
 service receive 1/2 day's pay per month; 1 week vacation
 for 1 - 5 years of service; 2 weeks vacation for 5 - 10
 years of service; and 3 weeks vacation for more than 10
 years of service

                                                         Project Manual #05-46         1 8
                                                       Accessibility Improvements at
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================

Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.

----------------------------------------------------------------

         WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
  a wage determination matter
* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.

With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:

              Branch of Construction Wage Determinations
              Wage and Hour Division
              U.S. Department of Labor
              200 Constitution Avenue, N.W.
              Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

              Wage and Hour Administrator
              U.S. Department of Labor
              200 Constitution Avenue, N.W.
              Washington, DC 20210


                                                         Project Manual #05-46         1 9
                                                       Accessibility Improvements at
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:

           Administrative Review Board
           U.S. Department of Labor
           200 Constitution Avenue, N.W.
           Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.
================================================================
  END OF GENERAL DECISION




                                               Project Manual #05-46         2 0
                                             Accessibility Improvements at
                              CITY OF NEWTON, MASSACHUSETTS
                             PURCHASING DEPARTMENT

                                      ADDENDUM #2


                            INVITATION TO BID #05-46
                          ACCESSIBILITY IMPROVMENTS
                                                   AT
            POLICE ANNEX & AUBURNDALE BRANCH LIBRARY

                                     March 7, 2005

   Project: Accessibility Improvements to Newton Old Police Station
   Architects Job #754

   Total Number of pages including attachments -2

The attention of bidders submitting proposals for the above subject project is called to the
following addendum to the specifications and drawings. The items set forth herein, whether of
omission, addition, substitution, or clarifications are all to be included in and form a part of the
proposal submitted.

THE NUMBER OF THIS ADDENDUM (1) MUST BE ENTERED IN THE APPROPRIATE SPACE OF
THE CONTRACT FORM ENTITLED "FORM FOR GENERAL BID".

Item 1: ADDITIONAL TREE AND SHRUB REMOVAL

               a) Tree and shrub removal as indicated on SK 1.1

                   See Attached SK 1-1 for location of additional tree and shrub removal.



Item 2: STEEL REINFORCING AT CONCRETE FOUNDATION WALLS

               a) All foundation walls with a height of 2’-0” above finished grade shall have,
                  steel reinforcing as follows. Horizontally place2 - # 5 Bars continuous at top
                  and bottom of foundation wall with 2” minimum coverage. Vertically place #
                  5 bars every 2’-0” O.C.

Item 3: Existing Temporary Ramp Scope (Drawing A1.1)

               a) Delete Notes on drawing A.1.1 indication temporary ramp to remain. See
                  Specification section 01019 Contract Considerations,
                  Paragraph 1.11, Item A.




                                          Project Manual #05-46                          2 1
                                        Accessibility Improvements at
  Project Manual #05-46         2 2
Accessibility Improvements at
                             CITY OF NEWTON, MASSACHUSETTS
                             PURCHASING DEPARTMENT

                                   ADDENDUM #1



                             INVITATION TO BID #05-46
                            ACCESSIBILITY IMPROVMENTS
                                                AT
             POLICE ANNEX & AUBURNDALE BRANCH LIBRARY


February 24, 2005


PLEASE NOTE:
This addendum is to:

REVISED Wage Rates – please see attached

All other terms and conditions of this bid remain unchanged

PLEASE ENSURE THAT YOU ACKNOWLEDGE THIS ADDENDUM ON YOUR BID FORM


Thank you.
Re Cappoli
Chief Procurement Officer




                                       Project Manual #05-46         2 3
                                     Accessibility Improvements at
                             Newton Community Development Program
                            LABOR COMPLIANCE/PREVAILING WAGES

                                  PROJECT #: 02-3A, B04-3E
                                    PROJECT NAMES: POLICE ANNEX ACCESS
                                   AND AUBURNDALE BRANCH LIBRARY ACCESS
                                            Rates Current as of 2/16/05
                                            Rates Last Modified 1/21/05


                                            WAGE SUMMARY
                                                      (Building)

                          Job Classification         Federal Wage Rate and Fringes
                          Bricklayers, Cement Masons & Plasterers $34.65 + $17.94
                          Carpenters             $25.24 + $17.18
                          Electricians           $35.40 + $16.20
                          Elevator Mechanics            $39.395 + $10.765 + A
                          Glaziers            $25.71 + $15.36
                          Hazardous Materials Handler       $20.05 + $9.40
                          Insulators/Asbestos Workers       $34.23 + $14.12
                          Ironworkers            $29.23 + $18.11
                          Laborers:
                            Group 1           $21.90 + $11.35
                            Group 2           $22.15 + $11.35
                            Group 3           $22.65 + $11.35
                            Group 4           $22.90 + $11.35
                            Group 5           $22.65 + $11.35
                            Group 6           $23.90 + $11.35
                          Marble, Tile & Terrazzo Workers $35.59 + $16.77
                          Marble & Tile Finishers           $27.91 + $16.35
                          Painters:
                            New Construction
                            Brush, Taper         $25.71 + $15.36
                            Spray, Sandblast     $26.71 + $15.36
                            Repaint
                            Brush, Taper         $23.77 + $15.36
                            Spray, Sandblast     $24.77 + $15.36
          Piledriverman             $27.43 + $17.38
          Plasterer Tenders         $21.90 + $11.35
                          Plumbers               $36.72 + $17.73
                          Power Equipment Operators:
                            Group 1           $32.96 + $14.98 + A
                            Group 2           $32.71 + $14.98 + A
                            Group 3           $25.03 + $14.98 + A
                            Group 4           $25.65 + $14.98 + A
                            Group 5           $20.45 + $14.98 + A
                            Group 6           $22.67 + $14.98 + A
          Roofers                   $27.36 + $12.75
                          Soft Floor Layers          $31.48 + $16.68
          Teledata Systems Installers      $25.30 + $14.04

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

                                                 Project Manual #05-46                                  2 4
                                               Accessibility Improvements at
GENERAL DECISION: MA20030001 01/21/2005 MA1

Date: January 21, 2005
General Decision Number: MA20030001 01/21/2005

Superseded General Decision Number: MA020001

State: Massachusetts

Construction Types: Building

Counties: Barnstable, Bristol, Dukes, Essex, Middlesex,
Nantucket, Norfolk and Suffolk Counties in Massachusetts.

BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories)

Modification Number Publication Date
      0        06/13/2003
      1        03/19/2004
      2        08/13/2004
      3        08/20/2004
      4        09/10/2004
      5        10/01/2004
      6        11/05/2004
      7        11/12/2004
      8        01/21/2005

* ASBE0006-001 09/01/2004

BARNSTABLE (Except Barnstable, Bourne, Falmouth, Mashpee,
Sandwich); BRISTOL (Easton); ESSEX; SUFFOLK; MIDDLESEX; AND
NORFOLK (Except Bellingham, Franklin, Plainville, Wrentham)
COUNTIES

                          Rates         Fringes

  Insulator/asbestos worker
    Includes the application
    of all insulating
    materials, protective
    coverings, coatings, and
    finishes to all types of
    mechanical systems..........$ 34.23              14.12
----------------------------------------------------------------
ASBE0006-002 06/01/2004

BARNSTABLE (Except Barnstable, Bourne, Falmouth, Mashpee,
Sandwich), ESSEX, MIDDLESEX, NORFOLK (Except Bellingham,
Franklin, Plainville, Wrentham), AND SUFFOLK COUNTIES

                          Rates         Fringes

 Hazardous Material Handler
 (Includes preparation,
 wetting, stripping, removal,
 scrapping, vacuuming,
 bagging and disposing of all
 insulation materials from

                                                         Project Manual #05-46         2 5
                                                       Accessibility Improvements at
  mechanical systems whether
  they contain asbestos or not)..$ 20.05                9.40
----------------------------------------------------------------
ASBE0031-005 09/01/2003

BARNSTABLE (Townships of Barnstable, Bourne, Falmouth, Mashpee
and Sandwich), BRISTOL (Except Easton) & NORFOLK (Bellingham,
Franklin, Plainville & Wrentham) DUKES & NANTUCKET COUNTIES

                          Rates         Fringes

  Insulator/asbestos worker
  (Includes the application of
  all insulating materials,
  protective coverings,
  coatings, and finishes to
  all tyes of mechanical systems)$ 27.42                 12.81
----------------------------------------------------------------
ASBE0201-001 07/01/2002

BARNSTABLE (Barnstable, Bourne, Falmouth, Mashpee, Sandwich);
BRISTOL (Except Easton); DUKES, NANTUCKET, NORFOLK (Townships
of Bellingham, Franklin, Plainville and Wrentham); PLYMOUTH
(Townships of Lakeville, Mattapoisett, Middleboro, Rocherster
and Wareham)

                          Rates         Fringes

  Hazardous Material Handler
  (Includes preparation,
  wetting, stripping, removal,
  scrapping, vacuuming, bagging
  and disposing of all
  insulation materials from
  mechanical systems, whether
  they contain asbestos or not)..$ 17.10                8.25
----------------------------------------------------------------
* BOIL0029-001 10/01/2004

                          Rates         Fringes

  Boilermaker....................$ 25.77      25.6%+7.71
----------------------------------------------------------------
BRMA0001-008 03/01/2004

FOXBORO CHAPTER
BRISTOL (Attleboro, Berkley, Dighton, Mansfield, North
Attleboro, Norton, Raynham, Rehoboth, Seekonk, Taunton) AND
NORFOLK (Bellingham, Canton, Dedham, Foxboro, Franklin,
Norfolk, Norwood, Plainville, Sharon, Walpole, Westrwood,
Wrentham) COUNTIES

                          Rates         Fringes

  Bricklayer, Cement Mason,
  Plasterer......................$ 34.34      16.17
----------------------------------------------------------------
BRMA0001-009 03/01/2004

LOWELL CHAPTER

                                                         Project Manual #05-46         2 6
                                                       Accessibility Improvements at
MIDDLESEX (Acton, Asby, Ayer, Bedford, Billerica, Boxboro,
Carlisle, Chemsford, Dracut, Dunstble, Ft. Denvens, Groton,
Littleton, Lowell, North Acton, Pepperell, Shirley, South
Acton, Tewksbury, Townsend, Tyngsboro, West Acton, Westford,
Wilmington)

                          Rates         Fringes

  Bricklayer and plasterer.......$ 34.34             16.17
----------------------------------------------------------------
BRMA0001-010 03/01/2004

LOWELL CHAPTER
MIDDLESEX (Ashland, Framingham, Holliston, Hopkinton, Hudson,
Maynard, Natick, Sherbvorn, Stow); and NORFOLK (Medfield,
Medway,Millis)

                          Rates         Fringes

  Bricklayer.....................$ 34.34        16.17
----------------------------------------------------------------
* BRMA0003-001 11/01/2004

                          Rates         Fringes

  Marble & Tile Finisher.........$ 27.91              16.35
  Marble, Tile & Terrazzo Workers$ 35.59                    16.77
  Terrazzo Finisher..............$ 34.49           16.60
----------------------------------------------------------------
BRMA0003-003 08/01/2004

BOSTON CHAPTER
MIDDLESEX (Arlington, Cambridge, Everett, Malden, Medford,
Melrose, Somerville); NORFOLK (Brookline, Milton); and SUFFOLK

                          Rates         Fringes

  Bricklayer.....................$ 35.55        17.04
----------------------------------------------------------------
BRMA0003-006 08/01/2004

LYNN CHAPTER
ESSEX (Amesbury, Andover, Beverly, Boxford, Danvers, Essex,
Georgetown, Gloucester, Groveland, Hamilton, Haverhill,
Ipsewich, Lawrence, Lynn, Lynnfield, Manchester, Marblehead,
Merrimac, Methuen, Middleton, Nahant, Newbury, Newburyport,
North Andover, Peabody, Rockport, Rowley, Salisbury, Salem,
Saugus, Swampscott, Topsfield Wakefield, Wenham, West Newbury);
and MIDDLESEX (Reading, North Reading, Wakefield)

                          Rates         Fringes

  Bricklayer, cement mason and
  plasterer......................$ 35.45      17.14
----------------------------------------------------------------
BRMA0003-007 08/01/2004

WALTHAM CHAPTER
MIDDLESEX (Belmont, Burlington, Concord, Lexington, Lincoln,
Stoneham, Sudbury, Waltham, Watertown, Wayland, Weston,

                                                         Project Manual #05-46         2 7
                                                       Accessibility Improvements at
Winchester, Woburn)

                          Rates         Fringes

  Bricklayer and plasterer.......$ 34.15             18.44
----------------------------------------------------------------
BRMA0003-008 08/01/2004

NEWTON CHAPTER
MIDDLESEX (Newton) and NORFOLK (Dover, Needham, Wellesley)

                          Rates         Fringes

  Bricklayer, cement mason and
  plasterer......................$ 34.65      17.94
----------------------------------------------------------------
BRMA0003-009 08/01/2004

NEW BEDFORD
BARNSTABLE; BRISTOL (Acushnet, Darmouth, Farhaven, Fall River,
Freetown, New Bedford, Somerset, Swansea, Westport); DUKES; and
NANTUCKET COUNTIES

                          Rates         Fringes

  Bricklayer, cement mason and
  plasterer......................$ 35.45      17.14
----------------------------------------------------------------
BRMA0003-010 08/01/2004

QUINCY CHAPTER
NORFOLK COUNTY (Avon, Braintree, Cohasset, Holbrook, Quincy,
Randolph, Soughton, Weymouth)

                          Rates         Fringes

  Bricklayer, cement mason and
  plasterer......................$ 34.15      18.44
----------------------------------------------------------------
CARP0026-001 10/01/2004

BRISTOL (Attleborough, North Attleborough); ESSEX; MIDDLESEX
(Except Belmont, Cambridge, Everett, Malden, Medford,
Somerville); AND NORFOLK (Bellingham, Canton, Foxboro,
Franklin, Medfield, Medway, Millis, Needham, Norfolk, Norwood,
Plainville, Sharon, Walpole, Wellesley, Westwood, Wrentham)

                          Rates         Fringes

  Carpenter......................$ 25.24        17.18
----------------------------------------------------------------
CARP0033-001 10/01/2004

MIDDLESEX (Belmont, Cambridge, Everett, Malden, Medford,
Somerville); NORFOLK (Brookline, Dedham, Milton); and SUFFOLK

                          Rates         Fringes

  Carpenter......................$ 30.76        17.31
----------------------------------------------------------------

                                                         Project Manual #05-46         2 8
                                                       Accessibility Improvements at
CARP0056-011 08/01/2004

SUFFOLK (All of County); and those areas of BARNSTABLE,
BRISTOL, ESSEX, MIDDLESEX & NORFOLK COUNTIES situated inside
Boston Beltway (I-495) and North of Cape Cod Canal

                          Rates         Fringes

  Piledriverman..................$ 27.43          17.38
----------------------------------------------------------------
CARP0056-012 08/01/2004

All of DUKES and NANTUCKET COUNTIES; and those areas of
BARNSTABLE, BRISTOL, and NORFOLK COUNTIES situated OUTSIDE
Boston Beltway (I-495) and South of Cape Cod Canal

                          Rates         Fringes

  Piledriverman..................$ 27.43          17.38
----------------------------------------------------------------
CARP0056-013 08/01/2004

Those areas of ESSEX and MIDDLESEX COUNTIES situated OUTSIDE
Boston Beltway (I-495)

                          Rates         Fringes

  Piledriverman..................$ 27.43          17.38
----------------------------------------------------------------
CARP0424-003 10/01/2004

NORFOLK COUNTY (Braintree, Cohassett, Scituate, Weymouth,
Quincy)

                          Rates         Fringes

  Carpenter......................$ 25.24        17.18
----------------------------------------------------------------
CARP0624-005 10/01/2004

BARNSTABLE; BRISTOL (Except Attleboro & North Attleboro);
DUKES; NANTUCKET; AND NORFOLK (Avon, Holbrook, Randolph,
Stoughton) COUNTIES

                          Rates         Fringes

  Carpenter......................$ 25.24        17.18
----------------------------------------------------------------
CARP1121-001 10/01/2004

                          Rates         Fringes

  Millwright.....................$ 27.93        17.37
----------------------------------------------------------------
CARP2168-001 10/01/2004

MIDDLESEX (Belmont, Cambridge, Everett, Malden, Medford,
Somerville); NORFOLK (Brookline, Dedham, Milton); and SUFFOLK

                          Rates         Fringes

                                                         Project Manual #05-46         2 9
                                                       Accessibility Improvements at
  Soft Floor Layer...............$ 31.48           16.68
----------------------------------------------------------------
CARP2168-004 10/01/2004

BRISTOL; ESSEX; MIDDLESEX (Except Belmont, Cambridge, Everett,
Malden, Medford, Somerville); Remainder of Norfolk County

                          Rates         Fringes

  Soft Floor Layer...............$ 31.48           16.68
----------------------------------------------------------------
CARP2168-005 10/01/2004

BARNSTABALE; DUKES; AND NANTUCKET

                          Rates         Fringes

  Soft Floor Layer...............$ 29.17           16.68
----------------------------------------------------------------
* ELEC0096-001 12/01/2004

MIDDLESEX (Ashby, Ashland, Ayer, Ft. Devens, Groton, Hopkinton,
Hudson, Marlboro, Pepperell, Shirley, Stow, Townsend)

                          Rates         Fringes

  Electrician....................$ 28.65       16.02
  Teledata System Installer......$ 21.00              10.42
----------------------------------------------------------------
ELEC0099-001 06/01/2004

BRISTOL (Attleboro, North Attleboro, Seekonk)

                          Rates         Fringes

  Electrician....................$ 30.47         42%
  Teledata System Installer......$ 18.85            4.44+17%
----------------------------------------------------------------
ELEC0103-001 06/01/2003

ESSEX; MIDDLESEX (Excluding Ashby, Ashland, Ayer, Ft. Devens,
Groton, Hopkinton, Hudson, Marlboro, Pepperell, Shirley, Stow,
Townsend); NORFOLK (Excluding Avon, Holbrook, Plainville,
Randolph, Stoughton) SUFFOLK

                          Rates         Fringes

  Teledata System Installer......$ 25.30              14.04
----------------------------------------------------------------
ELEC0103-002 09/01/2003

ESSEX (Amesbury, Andover, Boxford, Georgetown, Groveland,
Haverhill, Lawrence, Merrimac, Methuen, Newbury, Newburyport,
North Andover, Rowley, Salisbury, West Newbury); MIDDLESEX
(Bedford, Billerica, Boxboro, Burlington, Carlisle, Chelmsford,
Dracut, Dunstable littleton, Lowell, North Reading, Tewksbury,
Tyngsboro, Westford, Wilmington)

                          Rates         Fringes

                                                         Project Manual #05-46         3 0
                                                       Accessibility Improvements at
  Electrician....................$ 35.40       16.20
----------------------------------------------------------------
ELEC0103-004 09/01/2003

ESSEX (Beverly, Danvers, Essex, Gloucester, Hamilton, Ipswich,
Manchester, Marblehead, Middleton, Peabody, Rockport, Salem,
Topsfield, Wenham)

                          Rates         Fringes

  Electrician....................$ 35.40       16.20
----------------------------------------------------------------
ELEC0103-005 09/01/2003

ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swampscott); MIDDLESEX
(Acton, Arlington, Belmont, Cambridge, Concord, Everett,
Framingham, Holliston, Lexington, Lincoln, Malden, Maynard,
Medford, Melrose, Natick, Newton, Reading, Sherborn,
Somerville, Stoneham, Sudbury, Wakefield, Waltham, Watertown,
Wayland, Weston, Winchester, Woburn); NORFOLK (Bellingham,
Braintree, Brookline, Canton, Cohasset, Dedham, Dover, Foxboro,
Frankloin, Medfield, Medway, Millis, Milton, Needham, Norfolk,
Norwood, Quincy, Sharon, Walpole, Wellesley, Westwood,
Weymouth, Wrentham); PLYMOUTH (Hingham and Hull);SUFFOLK

                          Rates         Fringes

  Electrician....................$ 35.40       16.20
----------------------------------------------------------------
ELEC0104-001 08/31/2003

                          Rates         Fringes

 Line Construction:
   Cableman....................$ 26.79 8.45+6%+A
   Equipment Operator..........$ 26.79      8.45+6%+A
   Groundman...................$ 17.34   6.95+6%+A
   Lineman.....................$ 31.52 9.20+6%+A

  A. PAID HOLIDAYS: New Year's Day; Memorial Day;
  Independence Day; Labor Day; Thanksgiving Day; Christmas
  Day and Columbus Day, provided the employee has been
  employed 5 working days prior to any one of the listed
  holidays.
----------------------------------------------------------------
* ELEC0223-005 09/01/2004

BARNSTABLE; BRISTOL (Except Attleboro, North Attleboro,
Seekonk); DUKES; NANTUCKET AND NORFOLK (Avon, Halbrook,
Plainville, Randolph, Stoughton)

                          Rates         Fringes

  Electrician....................$ 31.10       13.22
----------------------------------------------------------------
ELEC0223-006 09/01/2004

BARNSTABLE; BRISTOL (Except Attleboro, North Attleboro,
Seekonk); DUKES; NANTUCKET AND NORFOLK (Avon, Halbrook,

                                                         Project Manual #05-46         3 1
                                                       Accessibility Improvements at
Plainville, Randolph, Stoughton)

                          Rates         Fringes

  Teledata System Installer......$ 24.26              10.43
----------------------------------------------------------------
ELEV0004-001 01/01/2004

                          Rates         Fringes

 Elevator Mechanic..............$ 39.395           10.765+A

FOOTNOTE FOR ELEVATOR MECHANICS:
  A. Employer Contributes 8% of basic hourly rate for 5 years
  or more of service and 6% for 6 months to 5 years of
  service as vacation pay. Six paid holidays (provided
  employee has worked 5 consecutive days before and the
  working day after the holiday): New Year's Day, Memorial
  Day, Independence Day, Labor Day, Thanksgiving Day, and
  Christmas Day.
----------------------------------------------------------------
* ENGI0004-001 12/01/2004

                          Rates         Fringes

 Power equipment operators:
  Group 1.....................$ 32.96        14.98+A
  Group 2.....................$ 32.71        14.98+A
  Group 3.....................$ 25.03        14.98+A
  Group 4.....................$ 25.65        14.98+A
  Group 5.....................$ 20.45        14.98+A
  Group 6.....................$ 22.67        14.98+A

FOOTNOTE FOR POWER EQUIPMENT OPERATORS:

 A. PAID HOLIDAYS: New Year's Day, Washington's Birthday,
 Labor Day, Memorial Day, Independence Day, Patriot's Day,
 Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day

HOURLY PREMIUM FOR BOOM LENGTHS (Including Jib):
 Over 150 ft. +1.59
 Over 185 ft. +2.79
 Over 210 ft. +3.92
 Over 250 ft. +5.95
 Over 295 ft. +8.23
 Over 350 ft. +9.59

    POWER EQUIPMENT OPERATORS CLASSIFICATIONS

 Group 1: Crane; shovel; truck crane; cherry picker;
 dragline; trench hoe; backhoe; three drum machine; derrick;
 pile driver; elevator tower; hoist; gradall; shovel dozer;
 front end loader; fork lift; suger; boring machine; rotaryu
 drill; post hole hammer; post hole digger; pumpcrete
 machine; asphalt plant (on site); concrete batching and/or
 mixing plant (on site); crusher plant (on site); paving
 concrete mixer; timber jack

 Group 2: Sonic or vibratory hammer; grader; scraper; tandem
 scraper; concrete pump; bulldozer; tractor; york rake;

                                                         Project Manual #05-46         3 2
                                                       Accessibility Improvements at
 mulching machine; portable steam boiler; portable steam
 generator; roller; spreader; tamper (self propelled or
 tractor drawn); asphalt paver; mechanic - maintenance;
 paving screed machine; stationary steam boiler; paving
 concrete finishing machine; cal truck; ballast regulator;
 switch tamper; rail anchor machine; tire truck

 Group 3: Pumps (1-3 grouped); compressor; welding machine
 (1-3 grouped); generator; concrete vibrator; heater (power
 driven 1- 5); well point system (operating);
 syphon-pulsometer; concrete mixer; valves controlling
 permanent plant air or steam; conveyor; Jackson type
 tamper; single diaphragm pump; lighting plant

Group 4: Assistant engineer (fireman)

Group 5: Oiler (other than truck cranes and gradalls)

  Group 6: Oiler (on truck cranes and gradalls) stant engineer
  (on truck crane and gradall)
----------------------------------------------------------------
* IRON0007-006 09/16/2004

                       Rates        Fringes

 Ironworkers:
   BRISTOL (Easton); ESSEX
   (Beverly Gloucester,
   Lynn,Lynnfield,
   Manchester, Marblehead
   Nahant, Salem, Saugus,
   Swampscott); MIDDLESEX
   (Arlington, Bedford,
   Belmont, Burlington,
   Cambridge, Concord,
   Everett, Framingham,
   Lexington, Lincoln,
   Malden, Maynard, Medford,
   Melrose, Natick, Newton,
   Reading, Sherborn,
   Somerville, Stoneham,
   Sudbury, Wakefield,
   Waltham, Watertown,
   Wayland, Weston,
   Winchester, Woburn);
   NORFOLK (Except Medway);
   SUFFOLK.....................$ 29.23        18.11
   ESSEX (Amesbury, Andover,
   Boxford, Danvers, Essex,
   Gerogetown, Hamilton,
   Haverhill, Ipswich,
   Lawrence, Merrimac,
   Methuen, Newbury,
   Newburyport, North
   Andover, Rockport, Rowley,
   Salisbury, Topsfield,
   Wenham, West Newbury);
   MIDDLESEX (Action,
   Billericia, Carlisle,
   Chelmsford, Dracut,

                                                   Project Manual #05-46         3 3
                                                 Accessibility Improvements at
    Dunstable, Groton,
    Groveland, Littleton,
    Lowell, Middleton, North
    Reading, Pepperell,
    Tewksbury, Tyngsboro,
    Westford, Wilminton)........$ 24.82               18.11
----------------------------------------------------------------
IRON0037-005 01/04/2004

BARNSTABLE; BRISTOL (Acushnet, Attleboro, Berkley, Dartmouth,
Dighton, Fairhaven, Fall River, Freetown, Mansfield, New
Bedford, North Attleboro, Norton, Raynham, Rehoboth, Seekonk,
Somerset, Swansea, Taunton, Westport); DUKES; NANTUCKET;
NORFOLK (Billingham, Franklin, Plainville, Wrentham)

                          Rates         Fringes

  Ironworker.....................$ 29.45         12.08
----------------------------------------------------------------
* IRON0057-001 11/01/2004

MIDDLESEX (Ashby, Ashland, Ayer, Boxboro, Holliston, Hopkinton,
Hudson, Marlboro, Shirley, Stow, Townsend); NORFOLK (Medway)

                          Rates         Fringes

  Ironworker.....................$ 30.87         16.43
----------------------------------------------------------------
* LABO0014-001 12/01/2004

                          Rates         Fringes

  Plasterer tender
    BARNSTABLE, BRISTOL,
    DUKES, ESSEX, NANTUCKET,
    MIDDLESEX (with the
    exception of Arlington,
    Belmont, Burlington,
    Cambridge, Everett,
    Malden, Medford, Melrose,
    Reading, Somerville,
    Stoneham, Wakefield,
    Winchester, Winthrop and
    Woburn); NORFOLK (with the
    exception of Brookline
    Dedham and Milton) COUNTIES.$ 21.90                        11.35
    SUFFOLK COUNTY (Boston,
    Chelsea, Revere, Winthrop,
    Deer Island, Nut Island);
    MIDDLESEX COUNTY
    (Arlington, Belmont,
    Burlington, Cambridge,
    Everett, Malden, Medford,
    Melrose, Reading,
    Somerville, Stoneham,
    Wakefield, Winchester,
    Winthrop and Woburn only);
    NORFOLK COUNTY (Brookline,
    Dedham, and Milton only)....$ 23.20                  13.40
----------------------------------------------------------------

                                                         Project Manual #05-46         3 4
                                                       Accessibility Improvements at
* LABO0022-009 12/01/2004

SUFFOLK COUNTY (Boston, Chelsea, Revere, Winthrop, Deer & Nut
Islands); MIDDLESEX COUNTY (Arlington, Belmont, Burlington,
Cambridge, Everett, Malden, Medford, Melrose, Reading,
Somerville, Stoneham, Wakefield, Winchester, Winthrop, and
Woburn only); NORFOLK COUNTY (Brookline, Dedham, and Milton
only)

                          Rates         Fringes

 Laborers:
  Group 1.....................$ 23.20          13.40
  Group 2.....................$ 23.45          13.40
  Group 3.....................$ 23.95          13.40
  Group 4.....................$ 24.20          13.40
  Group 5.....................$ 23.95          13.40
  Group 6.....................$ 25.20          13.40
  Group 7.....................$ 17.30          13.40

LABORERS CLASSIFICATIONS

GROUP 1: Laborers; Carpenter Tenders

 GROUP 2: Jackhammer operator; pavement breaker; asphalt
 raker carbide core drilling machine; chain saw operator;
 pipelayer; barco type jumping tampers; laser beam; concrete
 pump; mason tender; motorized mortar mixer; ride-on
 motorized buggy; fence and beam rail erector

 GROUP 3: Air track, block paver; rammer; curb setter,
 hydraulic and similar self-powered drills

GROUP 4: Blaster; powderman

GROUP 5: Pre-cast floor and roof plank erector

GROUP 6: Asbestos removal laborers/haz-mat laborers

GROUP 7: Flaggers
----------------------------------------------------------------
* LABO0022-010 12/01/2004

Counties of BARNSTABLE; BRISTOL; DUKES; ESSEX; NANTUCKET;
MIDDLESEX (with the exception of Arlington, Belmont,
Burlington, Cambridge, Everett, Malden, Medford, Melrose,
Reading, Somerville, Stoneham, Wakfield, Winchester, Winthrop
and Woburn); NORFOLK (with the exception of Brookline, Dedham
and Milton)

                          Rates         Fringes

 Laborers:
  Group 1.....................$ 21.90          11.35
  Group 2.....................$ 22.15          11.35
  Group 3.....................$ 22.65          11.35
  Group 4.....................$ 22.90          11.35
  Group 5.....................$ 22.65          11.35
  Group 6.....................$ 23.90          11.35


                                                         Project Manual #05-46         3 5
                                                       Accessibility Improvements at
LABORERS CLASSIFICATIONS

GROUP 1: Laborers; Carpenter Tenders

 GROUP 2: Jackhammer operator; pavement breaker; asphalt
 raker carbide core drilling machine; chain saw operator;
 pipelayer; barco type jumping tampers; laser beam; concrete
 pump; mason tender; motorized mortar mixer; ride-on
 motorized buggy; fence and beam rail erector

 GROUP 3: Air track, block paver; hammer; curb setter,
 hydraulic and similar self-powered drills

GROUP 4: Blaster; powderman

GROUP 5: Pre-cast floor and roof plank erector

GROUP 6: Asbestos removal laborers/haz-mat laborers
----------------------------------------------------------------
* LABO1421-004 12/01/2003

BARNSTABLE, BRISTOL, DUKES, ESSEX, MIDDLESEX, NANTUCKET NORFOLK
AND SUFFOLK COUNTIES

                           Rates          Fringes

  Laborers:
    WRECKING LABORERS:
     Adzeman....................$ 22.60          11.90
     Asbestos, Toxic Hazardous
     waste and lead paint
     removers...................$ 24.60         11.90
     Burners, Jackhammers.......$ 22.85                11.90
     Small Backhoes, Loaders
     on Tract, and Bobcat type
     loaders....................$ 23.10       11.90
     Wrecking Laborers..........$ 22.60              11.90
     Yardmen Burners, Sawyers...$ 21.70                   11.90
     Yardmen Laborer (Salvage
     Yard only).................$ 18.60         11.90
----------------------------------------------------------------
PAIN0011-007 06/01/2004

BARNSTABLE, BRISTOL, DUKES, AND NANTUCKET COUNTIES

                           Rates          Fringes

 Glazier........................$ 29.48       9.00+A

FOOTNOTE:
  A. PAID HOLIDAY: LABOR DAY (provided employee has worked any
  part of the week prior to Labor Day and any part of the
  week after Labor Day)
----------------------------------------------------------------
PAIN0035-004 07/01/2004

BARNSTABLE; BRISTOL; ESSEX; NANTUCKET; DUKES; COUNTIES;
REMAINDER OF NORFOLK; MIDDLESEX AND SUFFOLK COUNTIES

                           Rates          Fringes

                                                         Project Manual #05-46         3 6
                                                       Accessibility Improvements at
  Painters:
    NEW CONSTRUCTION:
     Brush, Taper...............$ 25.71          15.36
     Spray, Sandblast...........$ 26.71            15.36
    REPAINT:
     Brush, Taper...............$ 23.77          15.36
     Spray, Sandblast...........$ 24.77            15.36
----------------------------------------------------------------
PAIN0035-013 07/01/2004

MIDDLESEX (Cambridge, Everett, Malden, Medford, Somerville)
SUFFOLK COUNTY (Boston, Chelsea) NORFOLK COUNTY (Brookline)

                          Rates         Fringes

  Painters:
    NEW CONSTRUCTION;
     Brush, Taper...............$ 31.50          15.36
     Spray, Sandblast...........$ 32.50            15.36
    REPAINT;
     Brush, Taper...............$ 29.56          15.36
     Spray, Sandblast...........$ 30.56            15.36
----------------------------------------------------------------
PAIN0035-020 07/01/2004

ESSEX; MIDDLESEX; NORFOLK; SUFFOLK

                          Rates         Fringes

  Glazier........................$ 25.71      15.36
----------------------------------------------------------------
* PLAS0534-001 01/01/2005

ESSEX (Amesbury, Andover, Boxford, Georgetown, Groveland,
Haverhill, Lawrence, Merrimac, Methuen, North Andover,
Salisbury, West Newbury); MIDDLESEX (Acton, Arlington, Bedford,
Billerica, Burlington, Cambridge,Carlisle, Chemsford, Dracut,
Dunstable, Everett, Littleton, Lowell, Malden, Medford,
Melrose, Reading, North Reading, Stoneham, Tewksbury,
Tyngsboro, Wakefield, Westford, Wilmington, Winchester &
Woburn); AND NORFOLK (Brookline, Milton)SUFFOLK COUNTY

                          Rates         Fringes

  Cement Mason...................$ 31.35            20.56
----------------------------------------------------------------
* PLAS0534-004 01/01/2005

MIDDLESEX (Arlington, Cambridge, Everett, Malden, Medford,
Melrose, Somerville); NORFOLK (Brookline, Milton): and SUFFOLK

                          Rates         Fringes

  Plasterer......................$ 31.35      20.56
----------------------------------------------------------------
* PLUM0004-001 09/01/2004

MIDDLESEX (Ashby, Ayer-West of Greenville branch of Boston and
Maine Railroad, Ft. Devens, Groton, Shirley, Townsend)

                                                         Project Manual #05-46         3 7
                                                       Accessibility Improvements at
                          Rates         Fringes

  Plumbers and Pipefitters.......$ 32.04              13.48
----------------------------------------------------------------
* PLUM0012-005 09/01/2004

ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swampscott); MIDDLESEX
(Acton, Arlington, Ashland, Ayer - except W. of Greenville
Branch of Boston & Maine RR, Bedford, Belmont, Billerica,
Boxboro, Burlington, Cambridge, Carlisle, Chelmsford, Concord,
Dracut, Dunstable, Everett, Framingham, Hudson, Holliston,
Hopkinton, Lexington, Lincoln, Littleton, Lowell, Malden,
Marlboro, Maynard, Medford, Melrose, Natick, Newton, North
Reading, Pepperell, Reading, Sherborn, Somerville, Stoneham,
Stow, Sudbury, Tewksbury, Tyngsboro, Wakefield, Waltham,
Watertown, Wayland, Westford, Wilmington, Winchester, Woburn);
NORFOLK (Bellingham, Braintree, Brokline, Canton, Cohasset,
Dedham, Dover,Foxboro, Franklin, Medfield, Medway, Millis,
Milton, Needham, Norfolk, Norwood, Plainville, Quincy, Sharon,
Walpole, Wellesley, Westwood, Weymouth, Wrentham); AND SUFFOLK
COUNTIES

                          Rates         Fringes

  Plumber........................$ 36.72        17.73
----------------------------------------------------------------
PLUM0051-004 09/01/2004

BARNSTABLE; BRISTOL; DUKES; NANTUCKET; AND NORFOLK (Avon,
Holbrook, Randolph, Stoughton) COUNTIES

                          Rates         Fringes

  Plumbers and Pipefitters.......$ 31.16              15.41
----------------------------------------------------------------
PLUM0138-001 09/01/2004

ESSEX (Ames, Andover, Beverly, Boxford, Byfield, Danvers,
Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill,
Ipswich, Lawrence, Manchester, Marblehead, Merrimac, Methuen,
Middleton, Newbury, Newburyport, North Andover, Peabody,
Rockport, Rowley, Salem, Salisbury, Topsfield, Wenham, West
Newbury)

                          Rates         Fringes

  Plumber, Pipefitter,
  Steamfitter....................$ 33.17        14.24
----------------------------------------------------------------
PLUM0537-003 09/01/2003

MIDDLESEX (Arlington, Cambridge, Everett, Lincoln, Malden,
Medford, Melrose, Reading, Wakefield, Winchester and Woburn),
NORFOLK (Bellingham, Braintree, Brookline, Canton, Cashasset,
(Bellingham, Braintree, Brookline, Canton Cashasset, Dedham,
Foxboro, Franklin, Millis, Milton, Sharon, Walpole, Westwood,
and Wrenthan) ESSEX (Lynn, Lynnfield, Nahant, Saugus,
Swanpscott) SUFFOLK (Boston and Chelsea)


                                                         Project Manual #05-46         3 8
                                                       Accessibility Improvements at
                          Rates         Fringes

  Pipefitter.....................$ 36.86      13.79
----------------------------------------------------------------
ROOF0033-001 08/01/2003

                          Rates         Fringes

  Roofers:
    All Tear-off and/or
    removal of any types of
    roofing , and all
    spudding, sweeping,
    vacuuming and/or cleanup
    of any and all areas of any
    type where a roof is to be
    relaid......................$ 27.36      12.75
----------------------------------------------------------------
* SFMA0550-001 01/01/2005

BRISTOL (Portion within 35 mile radius from Boston City Hall;
ESSEX; MIDDLESEX (Except Ashby, Townsend, and portions of
Pepperell and Shirley beyond 35 mile radius from Boston City
Hall); NORFOLK; PLYMOUTH (Portion within 35 mile radius of
Boston City Hall); SUFFOLK

                          Rates         Fringes

  Sprinkler Fitter...............$ 41.00         13.96
----------------------------------------------------------------
* SFMA0669-001 01/01/2005

BARNSTABLE; BRISTOL (Beyond 35 mile radius of Boston City
Hall); DUKES; MIDDLESEX (Ashby, Townsend, portions of Pepperell
and Shirley beyond 35 mile radius of Boston City Hall);
NANTUCKET; PLYMOUTH (Beyond 35 mile radius of Boston City Hall)

                          Rates         Fringes

  Sprinkler Fitter...............$ 26.03         12.25
----------------------------------------------------------------
* SFMA0676-001 08/01/2004

BRISTOL (Seekonk, Swansea, and Somerset)

                          Rates         Fringes

  Sprinkler Fitter...............$ 32.50         11.90
----------------------------------------------------------------
SHEE0017-003 08/01/2004

BRISTOL (Attleboro, Berkley, Easton, Mansfield, North
Attleboro, Norton, Raynham, Taunton); ESSEX; MIDDLESEX;
NORFOLK; PLYMOUTH (except except Marion, Mattapoisett,
Rochester, Wareham); SUFFOLK

                          Rates         Fringes

  Sheet metal worker.............$ 33.79            19.88
----------------------------------------------------------------

                                                         Project Manual #05-46         3 9
                                                       Accessibility Improvements at
SHEE0017-007 07/01/2004

BARNSTABLE; BRISTOL (Acushnet, Dartmouth, Dighton, Fairhaven,
Fall River, Freetown, Rehoboth, Seeekonk, Somerset, Swansea,
Westport, New Bedford); DUKES; AND NANTUCKET

                          Rates         Fringes

  Sheet metal worker.............$ 29.87            17.34
----------------------------------------------------------------
* TEAM0379-001 12/01/2004

                          Rates         Fringes

 Truck drivers:
  Group 1.....................$ 26.13       10.16+A+B
  Group 2.....................$ 26.30       10.16+A+B
  Group 3.....................$ 26.37       10.16+A+B
  Group 4.....................$ 26.49       10.16+A+B
  Group 5.....................$ 26.59       10.16+A+B
  Group 6.....................$ 26.88       10.16+A+B
  Group 7.....................$ 27.17       10.16+A+B

POWER TRUCKS $.25 DIFFERENTIAL BY AXLE
TUNNEL WORK (UNDERGROUND ONLY) $.40 DIFFERENTIAL BY AXLE
HAZARDOUS MATERIALS (IN HOT ZONE ONLY) $2.00 PREMIUM

TRUCK DRIVERS CLASSIFICATIONS

Group 1: Station wagons; panel trucks; and pickup trucks

Group 2: Two axle equipment; & forklift operator

Group 3: Three axle equipment and tireman

Group 4: Four and Five Axle equipment

Group 5: Specialized earth moving equipment under 35 tons
 other than conventional type trucks; low bed; vachual;
 mechanics, paving restoration equipment

Group 6: Specialized earth moving equipment over 35 tons

Group 7: Trailers for earth moving equipment (double hookup)


FOOTNOTES:
 A. PAID HOLIDAYS: New Year's Day, Washington's Birthday,
 Memorial Day, Independence Day, Labor Day, Patriot's Day,
 Columbus Day, Veteran's Day, Thanksgiving Day and Christmas
 Day

  B. PAID VACATION: Employees with 4 months to 1 year of
  service receive 1/2 day's pay per month; 1 week vacation
  for 1 - 5 years of service; 2 weeks vacation for 5 - 10
  years of service; and 3 weeks vacation for more than 10
  years of service
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing

                                                         Project Manual #05-46         4 0
                                                       Accessibility Improvements at
operation to which welding is incidental.
================================================================

Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.

----------------------------------------------------------------

         WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
  a wage determination matter
* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.

With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:

              Branch of Construction Wage Determinations
              Wage and Hour Division
              U.S. Department of Labor
              200 Constitution Avenue, N.W.
              Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

              Wage and Hour Administrator
              U.S. Department of Labor
              200 Constitution Avenue, N.W.
              Washington, DC 20210

The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,

                                                         Project Manual #05-46         4 1
                                                       Accessibility Improvements at
etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:

            Administrative Review Board
            U.S. Department of Labor
            200 Constitution Avenue, N.W.
            Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

  END OF GENERAL DECISION




                                                   Project Manual #05-46         4 2
                                                 Accessibility Improvements at
FEDERAL ENTREPRENEURIAL AND

LOCAL OPPORTUNITY PROVISIONS

(SECTION 3 CLAUSE, PLAN, AND REPORT)


Contractors working on Community Development Block Grant and/or HOME projects exceeding $200,000 and
where the contractor or subcontractor is contractually obligated in excess of $100,000, are required to submit a
Section 3 Plan prior to construction start, and a Section 3 Final Report with the last requisition, in compliance with
the regulations of 24 CFR 135 and Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C.
17010. These regulations state that preference must be given in employment and training opportunities to lower-
income project area residents and that subcontracts be awarded to eligible Section 3 businesses.



                                          SECTION 3 REQUIREMENTS


Policy
The City maintains an affirmative posture regarding employment opportunities for low- and moderate-income
residents in connection with Community Development Program sponsored projects and encourages the hiring of
such persons for new trainees, apprentices or regular positions which may become available as a result of such
projects. In addition, the City maintains a similarly affirmative posture with regard to opportunities for eligible
businesses doing project-related work.


Each contractor and subcontractor must make a good faith effort to meet these same objectives with regard
to both business and employment opportunities in connection with Community Development Program
sponsored work.



Bidding Procedure
All bidders should carefully read the following Section 3 requirements and Section 3 Clause and be aware of the
filing and reporting procedures contained therein.

The successful bidder, after contract award and prior to contract execution, will be required to submit a Section 3
Plan.

This same procedure will apply to any subcontract over $100,000 awarded as a result of the receipt of the contract.
No subcontract can be awarded unless the subcontractor's Section 3 Plan has been approved by the City.

For further information regarding Section 3, contact the City of Newton Department of Planning and
Development at (617) 796-1139.


Section 3 Clause
The following Section 3 Clause is incorporated as part of this contract, and the contractor agrees to
comply with all provisions therein as applicable.

1.       The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
         and Urban Development Act of 1968, as amended, 12 U.S.C.170 lu (Section 3). The purpose of Section 3
         is to ensure that employment opportunities generated by HUD assistance or HUD assisted projects covered

                                                Project Manual #05-46                                  4 3
                                              Accessibility Improvements at
     by Section 3, shall, to the greatest extent feasible, be directed to low and very low income persons,
     particularly persons who are recipients of HUD assistance for housing.

2.   The parties to this contract agree to comply with HUD’s regulations in 24 CFR 135, which implement
     Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
     under no contractual or other impediment that would prevent them from complying with the part 135
     regulations.

3.   The contractor agrees to send to each labor organization or representative of workers with which the
     contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
     organization or worker's representative of the contractor's commitments under this Section 3 clause, and
     will post copies of the notice in conspicuous places at the work site where both employees and applicants
     for training and employment positions can see the notice. The notice shall describe the number and job
     titles subject to hire, availability of apprenticeship and training positions, the qualifications for each of the
     positions, and the anticipated date the work shall begin.

4.   The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
     regulations in 24 CFR 135. The contractor will not subcontract with any subcontractor where the
     contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in
     24 CFR 135.

5.   The contractor will certify that any vacant employment positions, including training positions, that are
     filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than
     those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were
     not filled to circumvent the contractor's obligations under 24 CFR part 135.

6.   Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this
     contract for default, and debarment or suspension from future HUD assisted contracts.

7.   With respect to work performed in connection with Section 3 covered Indian housing assistance, section
     7(b) of Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work
     performed under this contract. Section 7 (b) requires that to the greatest extent feasible (I) preference and
     opportunities for training and employment shall be given to Indians, and (ii) preference in the award of
     contracts and subcontracts shall be given to Indian organizations and Indian-owned Enterprises. Parties to
     this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3
     to the maximum extent feasible, but not in derogation of compliance with section 7(b).




                                              Project Manual #05-46                                     4 4
                                            Accessibility Improvements at
                                  CITY OF NEWTON
                        SECTION 3 AFFIRMATIVE ACTION PLAN
Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower
income residents of the City of Newton, Massachusetts, hereinafter called the Section 3 Project Area, and contracts
for work in connection with the Project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the City of Newton.

___________________________________, Contractor, agrees to implement the following specific affirmative
action steps directed at increasing the utilization of Section 3 Residents and Section 3 Business Concerns within the
City of Newton, Massachusetts.

A.       To attempt to recruit from within the City of Newton the necessary individuals to fill employment
         opportunities generated by Section 3 covered assistance through: local advertising media, signs placed at
         the proposed site for the project, and/or community organizations and public or private institutions
         operating within or serving the project area.

B.       To fill vacant training positions with the maximum number of lower income Project area
         residents.

C.       To maintain a list of all lower income area residents who have applied either on their own or on referral
         from any source, and to employ such persons, if otherwise eligible and a vacancy exists.

D.       To formally contact unions, subcontractors and trade associations to secure their cooperation for this
         program.

E.       To notify potential contractors about Section 3 requirements of this part, and incorporating the Section 3
         clause in all solicitations and contracts.

F.       To cooperate in obtaining the compliance of contractors and subcontractors with the requirements of
         Section 3.

G.       To document utilization of Section 3 Employees on the covered project by having new employees,
         (including those of all subcontractors) from the Project Area, complete the Section 3 Income Worksheet.

H.       To complete a Section 3 Utilization Report prior to final payment for the covered project. This report will
         list all Section 3 Employees documented on the Section 3 Income Worksheets.

I.       To maintain any records, including copies of correspondence, income verification memoranda, etc., which
         document that all levels of the above affirmative action steps have been taken.


As officer and representative of: _________________________________________________________
                                                            (Name of Contractor)

On behalf of the Company, I have read and fully agree to the Section 3 Affirmative Action Plan, and become a party
to the full implementation of this program.


            Name and Title of the Authorized Representative (print or type)



      Signature of Authorized Representative                          Date




                                                Project Manual #05-46                                   4 5
                                              Accessibility Improvements at
                                  DIRECTIONS FOR COMPLETION
                                               OF
                                     SECTION 3 FINAL REPORT

1. Determine if there has been Section 3 participation in the construction project.

          a.       If you hire new employees who reside in the Project area to work on the CDBG project, have
                   them complete the one page Section 3 Income Worksheet and return it to you. If the new
                   employee indicates that they are below the income threshold for their family size, then they are
                   considered Section 3 eligible. Complete the lower portion of the form once the employee has
                   submitted the proper information.

          b.       Distribute copies of the Section 3 Income Worksheet to all subcontractors you engage for the
                   project. Instruct them to have any new employees they hire who reside in the Project area
                   complete the worksheet and have the subcontractors return the forms to you. Complete the lower
                   portion of the form once the employee has submitted the proper information.


2.        Retain all Section 3 Income Worksheets with your project records. You may be required to submit these
          Worksheets with your Final Report.


3. Complete Part A of the Section 3 Final Report.

          a.Enter project name.

          b.       Enter CDBG Project Number & Federal Wage Decision Number. (located in contract documents)

     c. Enter the number of Section 3 Employees you utilized on the project.

          d.       Enter the number of Section 3 Employees utilized by subcontractors on the project.

     e. Enter the total number (c + d) of Section 3 Employees utilized on the project.


4. Complete Part B of the Section 3 Final Report.

     a. List the name, address and telephone number of your company.

     b. Print or type name and title of authorized company representative.

          c.Have an authorized representative sign and date the report.




                                               – REMEMBER –

                                  Final payment will not be made until a
                                    Section 3 Utilization Report
                               is submitted to the City of Newton’s
                             Planning and Development Department.



                                                 Project Manual #05-46                                  4 6
                                               Accessibility Improvements at
                                        CITY OF NEWTON
                                   SECTION 3 FINAL REPORT


A. SECTION 3 EMPLOYEE INFORMATION

Name of CDBG Grantee: City of Newton, Massachusetts

Name of Project:

CDBG Project Number:            Wage Decision Number:

Number of Section 3 Employees Utilized on Project by Prime Contractor:

Number of Section 3 Employees Utilized on Project by Subcontractors:

Total Number of Section 3 Employees Utilized on Project:



B. CERTIFICATION OF PRIME CONTRACTOR

As officer and representative of:
                         Name of Prime Contractor

                        Address:



            Telephone Number:


On behalf of the Company, I hereby certify that the above information is true and accurate and is
reported fully as required by the Section 3 Affirmative Action Plan as part of the contract for this CDBG-
assisted construction project. It is further understood that final payment from the City of Newton
CDBG Program for this project cannot be made until this report is submitted to the CDBG Grantee or
authorized designee.



                                   Name and Title of the Authorized Representative (print or type)




                           Signature of Authorized Representative                     Date



                                             Please mail report to:
                                   Danielle Bailey, Labor Compliance Officer
                                    Planning and Development Department
                                                 City of Newton
                                              Newton, MA 02459




                                               Project Manual #05-46                                 4 7
                                             Accessibility Improvements at
                                           CITY OF NEWTON
SECTION 3 INCOME WORKSHEET

To be completed by all new employees residing in the City of Newton where construction on the Community
Development Block Grant-funded project is taking place. Completion of this worksheet is solely to determine if
there is utilization of Section 3 employees on this construction project and should not be considered as a condition
of employment.


New Employee Name:

New Employee Address:




Please place an "X" in the appropriate spaces pertaining to your family's size, annual income and makeup.

 FAMILY           INCOME THRESHOLD                  PLEASE INDICATE IF YOUR ANNUAL INCOME IS
 SIZE                                               ABOVE or BELOW the THRESHOLD
 1                $46,300                           Above      Below
 2                $52,950                           Above      Below
 3                $59,550                           Above      Below
 4                $66,150                           Above      Below
 5                $71,450                           Above      Below
 6                $76,750                           Above      Below
 7                $82,050                           Above      Below
 8 or more        $87,350                           Above      Below


Note: In determining total family income use your Total Adjusted Gross income for your household as reported on
your most recent Federal Income Tax form.
        If you use Form 1040 – use line 33
        If you use Form 1040A – use line 19
        If you use Form 1040EZ – use line 4

I CERTIFY UNDER PENALTIES OF PERJURY THAT ALL OF THE INFORMATION PROVIDED ABOVE IS TRUE.


Signature:                                  Date:
             New Employee



FOR USE BY PRIME CONTRACTOR ONLY
Name of Prime Contractor:

Project Name:

Is the new employee Section 3 eligible?    _____ Yes       _____ No
T B A A r c h i t e c t s , I n c .
2 4 1 C r e s c e n t S t r e e t
Waltham, MA 02453




                                                Project Manual #05-46                                   4 8
                                              Accessibility Improvements at
        CITY OF NEWTON
PURCHASING DEPARTMENT
   CONTRACT FOR PUBLIC BUILDINGS
           ( M.G.L. Ch. 149, Sec. 44 )




       PROJECT MANUAL:
  ACCESSIBILITY IMPROVEMENTS
(Police Annex and Auburndale Branch Library)
     INVITATION TO BID #05-46




         Plans and Specifications Prepared by:
           TBA ARCHITECTS, INC.
             241 Crescent Street
             Waltham, Ma 02453




              FEBRUARY 2005
           David B. Cohen, Mayor



                 Project Manual #05-46           4 9
               Accessibility Improvements at
                                             CITY OF NEWTON
                                    PROJECT MANUAL TABLE OF CONTENTS

                                         ACCESSIBILITY IMPROVEMENTS
                            (Police Annex and Auburndale Branch Library)

Cover Page                                                                                          1

Table of Contents                                                                                   2

Part 1 - Bidding Documents, Contract Forms, and Conditions of the Contract

  1.         - Invitation for Bid                                                                   2

  2.         - Instructions to Bidders                                                              3

  3.         - Form for General Bid                                                                 2
                   DCAM Certificate of Eligibility, Form CQ 7 (Supplied by Bidder)
                   DCAM Update Statement, Form CQ-3, (Supplied by Bidder)

  4.         - Form for Sub-bid                                                                     3

  5.         - Contract Forms - (Informational only. Not required at time of bid submittal)
                  Owner - Contractor Contract                                                       2
                  Subcontract                                                                       2
                  Certificate of Authority - Corporate                                              1
                  Attestation                                                                       1
                  Performance Bond                                                                  1
                  Payment Bond                                                                      1

  6.         - General Conditions of the Contract                                                   7

  7.         - Special Conditions – Comm. of Mass. and City of Newton                               6

  8.         - MWBE/AA Requirements
                 Minority/Women Business Enterprise Plan, July 1995                                 4
                 Supplemental Equal Employment Opportunity Anti-Discrimination                      4
                 and Affirmative Action Program

  9.         - Fair Employment Law
                    Contractor’s Statement with regard to MWBE Utilization
                    Contractor’s Certification
                    Subcontractor’s Certification

  10.    -     Federal Davis Bacon Labor Standards and Prevailing Wages                            46
                   Federal Labor Standards Compliance                                               1
                   Schedule of Paperwork Submittals                                                 1
                   Contractor and Subcontractor Certification Forms                                 5
                   Federal Statement of Compliance and Payroll Form                                 5
                   Federal Labor Standard Provisions                                                5
                   Title 29 (Copeland ‘Anti-Kickback’ Act)                                          4
                   Wage Rate and Equal Employment Opportunity Postings                              5
                   Fair Employment Law                                                              2
                   Wage Summary and Wage Rate Determinations                                       17
                   Section 3 Requirements                                                          11


                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                            51
Part 2 - General Requirements and Project Specifications

  DIVISION 1 - GENERAL REQUIREMENTS
         00010 Summary of Work
         01019 Contract Considerations
         01045 Cutting and Patching
         01300 Submittals
         01310 Project Management and Coordination
         01400 Quality Control
         01500 Construction Facilities and Temporary Controls
         01600 Materials and Equipment
         01700 Contract Closeout

  DIVISION 2 - SITE CONSTRUCTION
         02225 Minor Demolition for Remodeling
         02300 Earthwork
         02750 Paving Surfacing, Curbing and Edging
         02920 Site Signage
         02930 Lawn and Grasses

  DIVISION 3 - CONCRETE

          03050   Basic Concrete Materials and Methods

  DIVISION 4 - MASONRY

          04001   Masonry Filed Sub - Bid                                FILED SUB-BID
          04100   Masonry Mortar and Grout                               FILED SUB-BID
          04720   Cast Stone                                             FILED SUB-BID
          04810   Unit Masonry Assemblies                                FILED SUB-BID

  DIVISION 5 - METALS

          05001   Miscellaneous and ornamental Iron Filed Sub - Bid      FILED SUB-BID
          05520   Handrails and Guardrails                               FILED SUB-BID

  DIVISION 6 - WOOD AND PLASTICS - Not Used
  DIVISION 7 - THERMAL AND MOISTURE PROTECTION - Not Used

  DIVISION 8 - DOORS AND WINDOWS

          08710 Hardware

  DIVISION 9 - FINISHES - Not Used
  DIVISION 10 - SPECIALTIES - Not Used
  DIVISION 11 - EQUIPMENT - Not Used
  DIVISION 12 - FURNISHINGS - Not Used
  DIVISION 13 - SPECIAL CONSTRUCTION - Not Used
  DIVISION 14 - CONVEYING SYSTEMS - Not Used
  DIVISION 15 - MECHANICAL - Not Used

  DIVISION 16 - ELECTRICAL

          16100 Basic Electrical Materials and Methods

  PLANS – 6 PAGES – Must be obtained through the Purchasing Department.

                                             END OF SECTION



           Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                       52
                                                   CITY OF NEWTON
                                               PURCHASING DEPARTMENT


                                                    INVITATION FOR BID

The City of Newton invites sealed bids from Contractors for

                                            ACCESSIBILITY IMPROVEMENTS
                                       (Police Annex and Auburndale Branch Library)

in accordance with plans and specifications prepared by TBA Architechts, Inc., 241 Crescent St., Waltham, MA 02453.

Filed Sub-bids will be taken in the following classes of work:

         Masonry Work:                             Section 04001 Masonry Filed Sub-bid
                                                   Section 04100 Masonry Mortar and Grout
                                                   Section 04720 Cast Stone
                                                   Section 04810 Unit Masonry Assemblies

         Miscellaneous & Ornamental Iron:          Section 05001 Miscellaneous and ornamental Iron
                                                   Section 05520 Handrails and Guardrails

Pre-bid conference will held at 11:00 a.m. (EST), March 3, 2005,
at, 25 Chestnut St., Newton. Please note immediately following this site visit will be one of the Auburndale Branch Library.

Filed Sub-bids will be received until 11:00 a.m. (EST), March 17, 2005,
at the Purchasing Department, Room 204, Newton City Hall, 1000 Commonwealth Ave., Newton, MA 02459, after which
time all filed sub-bids received will be publicly opened and read aloud. Please note this date has been changed from what was
originally advertised.

General Bids will be received until 11: 00 a.m., (EST), March 24, 2005,
at the Purchasing Department, Room 204, Newton City Hall, 1000 Commonwealth Ave., Newton, MA 02459. Immediately
following the deadline for bids all general bids received within the time specified will be publicly opened and read aloud.
Please note this date has been changed from what was originally advertised.

Contract documents will be available for pickup at the Purchasing department after 10:00 a.m. on February 24, 2005.
There will be no charge for contract documents.

All General Bids must be accompanied by a copy of a “Certificate of Eligibility” (DCAM Form CQ-7) issued by the Division
of Capital Asset Management (DCAM) and a “Contractor Update Statement” (DCAM Form CQ-3). The category of work for
which the Bidder must certified is: General Building Construction


All bids must be accompanied by a bid deposit in an amount that is not less than five percent (5%) of the value of the bid,
including all add alternates. Bid deposits, payable to the City of Newton, shall be either in the form of a bid bond, or cash, or a
certified check on, or a treasurer's or cashier's check issued by, a responsible bank or trust company.

All bids must be submitted with one original and one copy.

Bidders attention is directed to the requirements of the City of Newton Supplemental Equal Employment Opportunity, Anit-
Discriminitation and Affirmative Action Program and also to the Minority/Women Business Enterprise Plan, December 1999,
which is hereby incorporated into the Contract Documents.

All bids are subject to the provisions of M.G.L. Chapter 149, Section 44 A-J. Wages are subject to minimum wage rates
determined by the Massachusetts Department of Labor and Industries pursuant to M.G.L. Chapter 149, Sec. 26 to 27H. The
successful bidder will be required to furnish a Performance Bond and also a Labor and Materials Bond Payment Bond each in
the amount of 100% of the contract total.



                   Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                53
The Contract Documents may be seen, but not removed at:

F.W. Dodge                        Construction Market Data              New England Construction News
24 Hartwell Ave.                  75 Second Ave.                        100 Ledgewood Place
Lexington, MA 02173               Needham, MA 02194                     Rockland, MA
(781) 860-6060                    (781) 444-4710                        (781) 871-1900


The City of Newton reserves the right to waive any informalities in any or all bids, or to reject any or all bids, if it be in the
public interest to do so.



                                                                                     City of Newton


                                                                                     Re Cappoli
                                                                                     Chief Procurement Officer

                                                                                    February 24, 2005




                    Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                  54
                                              CITY OF NEWTON
                                        DEPARTMENT OF PURCHASING
                                         INSTRUCTIONS TO BIDDERS


ARTICLE 1 - BIDDER'S REPRESENTATION

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

       1. The Bidder has read and understands the Contract Documents and the bid is made in accordance therewith.

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

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

ARTICLE 2 - STATUTES REGULATING COMPETITIVE BIDDING

2.1    Bidding procedures and award of general contract and sub-contracts shall be in accordance with the provisions of
       Chapter 30, Section 39M and Chapter 149, Sections 44A through 44L inclusive, of the General Laws (Ter. Ed.) of the
       Commonwealth of Massachusetts, including all current amendments.

2.2    In the event of any discrepancy or inconsistency between the provisions of these Bid and Contract Documents and the
       above mentioned statutes, the provisions of the above mentioned statutes shall govern. In such event, the application of
       all remaining provisions of the Bid and Contract Documents, and the application of any provision in conflict to any
       circumstance other than that in which the conflict occurs, shall not be affected thereby.

ARTICLE 3 - REQUEST FOR INTERPRETATION

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

3.2    Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the City. The
       City will answer such requests if received seven (7) calendar days before the date for receipt of the bids.

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

3.4    It is intended, but not guaranteed, that such Addenda shall be mailed or faxed to all persons or parties to whom Bid and
       Contract Dcuments have been issued (Bidders of Record). Failure to receive such addenda shall in no way relieve any
       bidder from compliance with their provisions. All bidders are cautioned to verify the number of addenda which have
       been issued and to secure any needed copies from the Architect before submitting a bid.

3.5    Copies of addenda will be made available for inspection at the location listed in the Invitation for Bids where Contract
       Documents are on file.

ARTICLE 4 - MBE PARTICIPATION

4.1    Notice is hereby given that the City of Newton Minority/Women Business Enterprise Plan dated December 1999 and the
       Supplemental Equal Employment Opportunity Anti-Discrimination and Affirmative Action Program is applicable to all
       City contracts for goods and services in excess of $50,000.00. Copies of these plans are incorporated as Article 16 and
       Article 17 of the Supplemental General Conditions.


ARTICLE 5 - PREPARATION AND SUBMISSION OF BIDS

5.1    Bids shall be submitted on the "Form for General Bid" or “Form for Sub-Bid”, as appropriate, furnished by the City.


                   Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                               55
5.2    General Bid Forms shall be properly executed and enclosed with the required Bid Deposit, Certificate of Eligibility and
       Update Statement.

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

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

5.5    No interlineations, additions, alterations or erasures shall be made on the Bid Forms.

5.6    Bid Deposits shall be submitted in the amount specified in the Invitation for Bids. They shall be made payable to the
       City of Newton and shall be either in the form of cash, certified check, treasurer's or cashier's check issued by a
       responsible bank or trust company, or a bid bond issued by a surety licensed to do business in the Commonwealth of
       Massachusetts; and shall be conditioned upon the faithful performance by the principal of the agreements contained in the
       bid.

          Bid deposits of the three (3) lowest responsible and eligible Bidders shall be retained until the execution and delivery of
      the Owner/Contractor agreement.

5.7    The Bid, including the bid deposit shall be enclosed in a sealed envelope with the following plainly marked on the
       outside:

       FOR SUB-BIDS:                       SUB-BID FOR ___________________________
                                                        (Class of Work)

                                           ACCESSIBILITY IMPROVEMENTS @

                                           SUBMITTED BY:
                                           ________________________________
                                           (Name of Sub-Bidder)
                                           ________________________________
                                           (Address of Sub-Bidder)


FOR GENERAL BIDS:                          GENERAL BID FOR

                                           ACCESSIBILITY IMPROVEMENTS @


                                           SUBMITTED BY:
                                           ________________________________
                                           (Name of General Bidder)
                                           ________________________________
                                           (Address of General Bidder)

5.8    Date and time for receipt of bids is set forth in the Invitation for Bids.

5.9    Timely delivery of a bid at the location designated shall be the full responsibility of the Bidder.

ARTICLE 6 - ALTERNATES

6.1     Each General Bidder shall acknowledge Alternates (if any) in Section C on the Bid Form. Each Sub Bidder shall
        acknowledge Alternates (if any) in Section B on the Bid Form.

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

6.3    Bidders shall enter on the Bid Form a single amount for each Alternate which shall consist of the amount for work
       performed by the Contractor.


                    Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                 56
 6.4    The low Bidder will be determined on the basis of the sum of the base bid and the accepted alternates.

ARTICLE 7 - WITHDRAWAL OF BIDS

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

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

 7.3    No bids shall be withdrawn within thirty days, Saturdays, Sundays and legal holidays excluded, after the opening of the
        bids.

ARTICLE 7 - CONTRACT AWARD

 7.1    The City of Newton will award the contract to the lowest eligible and responsible Bidder within thirty days, Saturdays,
        Sundays, and legal holidays excluded after the opening of bids.

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

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

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

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

ARTICLE 8 – SCHEDULE FOR COMPLETION OF WORK

8.1    The City of Newton requires the Bidder to commence work on or before a date to be specifi9ed in a wirtten "Notice to
       Proceed" of the Owner, and to fully complete the project within ninety (90) consecutive calendar days thereafter.

ARTICLE 9 - TAXES

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

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

                                                        END OF SECTION




                    Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                 57
                                                  CITY OF NEWTON

                                      ACCESSIBILITY IMPROVEMENTS
                                                   AT
                             POLICE ANNEX AND AUBURNDALE BRANCH LIBRARY

                                             FORM FOR GENERAL BID

TO THE AWARDING AUTHORITY:

A.    The undersigned proposes to furnish all labor and materials required for Accessibility Improvements at , 25
      Chestnut Street, in Newton, Massachusetts in accordance with the accompanying plans and specifications prepared
      TBA Architects, Inc., 241 Crescent St., Waltham, MA, for the contract price specified below, subject to additions
      and deductions according to the terms of the specifications.

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

C.    The proposed contract price is:

      _________________________________________________________________________________

      DOLLARS ($ ________________________________)

     ALTERNATES:
             Alternate #1 (Foundation wall capstones) Add $                         Subtract $

                  Alternate #2 (Demo & Install sidewalks) Add $                                      Subtract $

      COMPANY:

      For Alternate No.    N/A       Add $          N/A          ; Subtract $       N/A    .

D.    The sub-division of the proposed contract price is as follows:

      Item 1. The work of the General Contractor, being all work other than that covered by Item 2

      Total of Item 1: $________________________________________

      Item 2. Sub-bids as follows:
                                                                                                      Bond Required ?
      Sub-Trade                  Name of Sub-bidder                        Amount                     (Yes or No)

      Miscellaneous &
      Ornamental Iron            ___________________________              $______________             __________

      Masonary                   ___________________________              $______________             __________


      Total of Item 2: $________________________________________

      The undersigned agrees that each of the above named sub-bidders will be used for the work indicated at the amount
      stated, unless a substitution is made. The undersigned further agrees to pay the premiums for the performance and
      payment bonds furnished by sub-bidders as requested herein and that all of the cost of all such premiums is
      included in the amount set forth in Item 1 of this bid.

      The undersigned agrees that if s/he is selected as general contractor, s/he will promptly confer with the awarding
      authority on the question of sub-bidders; and that the awarding authority may substitute for any sub-bid listed
      above a sub-bid filed with the awarding authority by another sub-bidder for the sub-trade against whose standing
                  Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                58
        and ability the undersigned makes no objection; and that the undersigned will use all such finally selected sub-
        bidders at the amounts named in their respective sub-bids and be in every way as responsible for them and their
        work as if they had been originally named in this general bid, the total contract price being adjusted to conform
        thereto.

E.      The undersigned agrees that, if s/he is selected as general contractor, s/he will within five days, Saturdays, Sundays
        and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance
        with the terms of this bid and furnish a performance bond and also a labor and materials or payment bond, each of a
        surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding
        authority and each in the sum of the contract price, the premiums for which are to be paid by the general contractor
        and are included in the contract price.

        The undersigned hereby certifies that it is able to furnish labor that can work in harmony with all other elements of
        labor employed or to be employed in the work and who shall certify that all employees to be employed at the
        worksite will have successfully completed a course in construction safety and health approved by the United States
        Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins
        work and who shall furnish documentation of successful completion of said course with the first certified payroll
        report for each employee and that s/he will comply fully with all laws and regulations applicable to awards made
        subject to section forty-four A of M.G.L. Chapter 149.


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

        Date ______________________
                                                                  (Name of General Bidder)

                                                                  BY:___________________________________
                                                                    (Signature)

                                                                  ______________________________________
                                                                  (Printed Name and Title of Signatory)

                                                                  ______________________________________
                                                                  (Business Address)

                                                                  ______________________________________
                                                                  (City, State Zip)
                                                                  _____________________/_________________
                                                                  (Telephone)             (FAX)

NOTE: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a
partnership, give full names and residential addresses of all partners; and if an individual, give residential address if
different from business address.

                                                        END OF SECTION




                     Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                 59
                                                    FORM FOR SUB - BID

TO ALL GENERAL CONTRACTORS EXCEPT THOSE EXCLUDED:

A.   The undersigned proposes to furnish all labor and materials required for completing, in accordance with the hereinafter
     described plans, specifications and addenda, all the work specified in:

     SECTION No.                                 NAME __________________________________ of the specifications and
     in any plans specified in such section for the Accessibility Improvements at , Newton, Massachusetts for the contract
     price specified below in accordance with contract documents prepared by TBA Architects, Inc., 241 Crescent St.,
     Waltham, Massachusetts, subject to additions and deductions according to the terms of the Contract Documents, for
     the contract sum of

                                                             Dollars ($                                          )



     For Alternate #1:            Add $             N/A      Subtract $           N/A

B.   This Sub-bid includes addenda numbered                                   .


C.   This Sub-bid
     [ ] May be used by any General Bidder except:



     [ ] May only be used by the following General Bidders:

     (To exclude General Bidders, insert an "X" in one box only and fill in blank following that box. Do not answer D if no
     General Bidders are excluded.)

D.   The undersigned agrees that, if he is selected as a Sub-bidder, he will within five days, Saturdays, Sundays and legal holidays
     excluded, after presentation of a subcontract by the General Bidder selected as General Contractor, execute with such General
     Bidder a subcontract in accordance with the terms of this Sub-bid and, contingent upon the execution of the General Contract, and,
     if requested to do so in the General Bid by such General Bidder, who shall pay the premiums therefor, or if prequalification is
     required pursuant to section 44D ¾, furnish a Performance Bond and also a Labor and Materials Payment Bond, each of a surety
     company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Awarding
     Authority, and each in the sum of one hundred percent of the subcontract price.

E.   The names of all persons, firms and corporations furnishing to the undersigned labor or labor and materials for the class or classes
     or part thereof of work for which the provisions of the section of the specifications for this sub-trade require a listing in this
     paragraph (including the undersigned if customarily furnished by persons on his own payroll and in the absence of a contrary
     provision in the specifications), the name of each such class of work or part thereof and the bid price for each such class of work
     or part thereof are:

     Name                                           Class of Work                        Bid Price




     (Do not give a bid price for any class or part thereof furnished by the undersigned)



                   Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                               60
F.   The undersigned agrees that the above list of bids to the undersigned represent bonafide bids based in the hereinbefore described
     plans, specifications and addenda and that, if the undersigned is awarded the contract, they will be used for the work indicated at
     the amounts stated, if satisfactory to the Awarding Authority.

G.   The undersigned further agrees to be bound to the General Contractor by the terms of the hereinbefore described plans,
     specifications (including all general conditions stated therein) and addenda, and to assume toward him all the obligations and
     responsibilities that he, by those documents, assumes toward the Owner.

H.   The undersigned offers the following information as evidence of his qualifications to perform the work bid upon
     according to all requirements of the plans and specifications:
             1. Have been in business under the present name _____________ years.
             2. Ever failed to complete any work awarded? _______________.
             3. List one or more recent buildings with the name of the General Contractor and Architect on which you
             served as sub-contractor for
             work of a similar character as required for the above-named building:
     Building                   Architect                General Contractor              Contract amount
     _________________            ________________           ______________________               _____________
     _________________            ________________           ______________________               _____________
     _________________            ________________           ______________________               _____________
              4. Bank reference:

I.   The undersigned certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to
     be employed on the work and that he will comply fully with all laws and regulations applicable to awards made subject to Section
     44F.

     The undersigned certifies under the penalties of perjury that this Sub- bid is in all respects bona fide, fair and made without
     collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person, joint
     venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that
     the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of
     section 29F of Chapter 29, or any other applicable debarment provision of nay other chapter of the General Laws or any rule or
     regulation promulgated thereunder.

     Date                         .

     Name                                                           .
                       (Sub-bidder)

     By                                                                 .
                       (Signature and title)
                                                                            .
                       (Please print Name)

                                                                        .
                       (Business Address)
                                                                            .
                       (City and State)
                                                                            .
                       (Phone / FAX)
                                                                            .
                       (E-mail address)




                   Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                               61
NOTE: Indicate form of organization. If the bidder is a corporation, indicate state of incorporation and affix
      corporate seal; if a partnership, give full name and residential addresses of all partners; and if an individual,
      give residential address if different from business address.

_____________________________________________________________________
Form of organization
_____________________________________________________________________
Partnership/individual names and addresses
_____________________________________________________________________


_____________________________________________________________________


I,                                  certify that I am the Secretary-Clerk of the corporation named as Bidder on
the attached Bid Form, that                                   , who signed the Bid Form on behalf of the
corporation was then                                            of said corporation, and that his/her signature was
genuine and that said Bid Form was duly signed, sealed and executed on behalf of said corporation.

(Corporate Seal)




                                 .
(State of Incorporation)




                                                    END OF SECTION




                   Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                               62
                                         CONTRACT FORMS



The awarded bidder will be required to complete and submit the following documents in order to execute a contract pursuant to
                                                         this bid.



                             The forms are provided for informational purposes only.


                   None of the following forms are required at the time of bid submittal.




                  Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                              63
                                             CITY-CONTRACTOR AGREEMENT

                                                        CONTRACT NO. C-


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




hereinafter referred to as the CONTRACTOR.

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

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

                                              ACCESSIBILITY IMPROVEMENTS
                                           (Police Annex & Auburndale Branch Library)

ARTICLE 2.        TIME OF COMPLETION. The Contractor shall commence work under this Contract on the date specified in
                  the written notice of the City to proceed and shall fully complete all work hereunder within ninty (90)
                  consecutive calendar days thereafter.

ARTICLE 3.        THE CONTRACT PRICE. The City shall pay the Contractor for the full and satisfactory performance of the
                  Contract, in current funds the sum of:



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

                           a.   This CITY-CONTRACTOR Agreement;

                           b.   The City's Invitation to Bid #05-46 issued by the Purchasing Department;

                           c.   The Project Manual for Accessibility Improvements (Police Annex & Auburndale Branch Library)
                                including the Instructions to Bidders; General Conditions; Special Conditions; MWBE/AA
                                Requirements, Wage Rate Requirements and Wage Rate Schedule(s); General Requirements and
                                Project Specifications; and Drawings, if included or referenced therein;

                           d.    Addenda Number(s)                 ;

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

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

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

                  This CITY-CONTRACTOR Agreement, together with the other documents enumerated in this Article, constitute the
                  entire Agreement between the CITY and the CONTRACTOR.

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


                     Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                  64
                 Alternates:

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

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

                 CONTRACTOR                                   CITY OF NEWTON



                 By__________________________                 By____________________________
                 Title_______________________                   Chief Procurement Officer
                 Date________________________                 Date__________________________

                 Affix Corporate Seal here                    By ___________________________
                                                                Commissioner of Public Buildings
                                                              Date _________________________

                 City funds in the amount of
                                        are
                 available in account number                  Approved as to Legal Form and
                                                              Character
                 I further certify that the Mayor
                  is authorized to execute contracts          _____________________________
                 and approve change orders                                   Associate City Solicitor
                                                              Date_________________________
                 Comptroller of Accounts

                 Date_______________________                  CONTRACT AND BONDS APPROVED

                                                              ________________________________
                                                                     David B. Cohen, Mayor

                                                              Date____________________________




                    Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                65
                                                        Accessible Ramps
                                          (Police Annex and Auburndale Branch Library)
                                                             Newton


                                                          SUBCONTRACT




THIS AGREEMENT made this ____________________________day of _____________________, 2005,
By and between_______________________________________________________________________
_________________________________________________________________________________________


( )a corporation organized and existing under the law 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:
1.    The Subcontractor agrees to furnish all labor and materials required for the completion of all work specified in
      Section No. (s) _______________________________________________________________________ of the
      Specifications for _______________________________________________________________________ and
                                                     (Name of Sub-trade)
      the Drawings referred to therein and Addenda No.                                                         , for:
                Accessible Ramps
                (Police Annex & Auburndale Branch Library)

      all as prepared by the architect,

                TBA Architects, Inc.
                241 Crescent Street
                Waltham, MA 02453

       for the sum of __________________________________________________________________________dollars
      ($_________________________________________________) and the Contractor agrees to pay the Subcontractor said sum
      for said work. This price includes the following alternates:
      Alternate No (s): _____________________________________________________________.

      (a) The Subcontractor agrees to be bound to the Contractor by the terms of the hereinbefore described Drawings,
          Specifications (including all General Conditions stated therein) and Addenda and to assume to the Contractor all the
          obligations and responsibilities that the Contractor by those documents assumes to the CITY OF NEWTON, hereinafter
          called the “Awarding 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 Awarding 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 Awarding Authority.




                       Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   66
                                                      Accessible Ramps
                                        (Police Annex and Auburndale Branch Library)



(c)     The Contractor agrees to begin, prosecute, and complete the entire Work specified by the Awarding 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 Sub contractor
       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 Awarding Authority for the completion of the entire work.

(d) The Subcontractor agrees to furnish to the Contractor within a reasonable time after the execution of the Sub-Contract,
    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 Awarding Authority by the Contractor.

(e) The Contractor agrees that no claim for services rendered or materials furnished by the Contractor to the Subcontractor
    during the first ten (10) days of the calendar month following that in which the claim originated.

(f) This Agreement is contingent upon the execution of a General Contract between the Contractor and the Awarding
    Authority for the complete Work.

IN WITNESS WHEREOF, the parties hereto have executed the Agreement the day and year first above-written.



                                                        (Name of Subcontractor)


      S E A L
      ATTEST___________________________                 By: ________________________________________
                                                        (Name and Title of Person Signing Subcontract)

                                                        _______________________________________
                                                        (Name of Contractor)
       SEAL
       ATTEST____________________________               By: ________________________________________
                                                        (Name and Title of Person Signing Subcontract)




                                                 END OF SUBCONTRACT
                                                                    ***




                   Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                               67
                                    CERTIFICATE OF AUTHORITY - CORPORATE




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

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

3.       is the duly elected   ______________________________________________________________
                                                         (insert the title of the officer in line 2)
4.       of said corporation, and that on _____________________________________________________
                                                   (insert a date that is ON OR BEFORE the date the
                                                    officer signed the contract and bonds.)


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


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

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


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

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

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



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




                     Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                 68
                                        ATTESTATION

Pursuant to MG c. 62C, § 49A, the undersigned acting on behalf of the Contractor, certifies under the
penalties of perjury that, to the best of the undersign's knowledge and belief, the Contractor is in
compliance with all laws of the Commonwealth relating to taxes, reporting of employees and
contractors, and withholding and remitting child support.*


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


By: ________________________________               Date: ____________________________
    Corporate Officer
    (Mandatory, if applicable)


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

** Approval of a contract or other agreement will not be granted unless the applicant signs this
  certification clause.

*** Your social security number will be furnished to the Massachusetts Department of Revenue to
   determine whether you have met tax filing or tax payment obligations. Providers who fail to correct
   their non-filing or delinquency will not have a contract or other agreement issued, renewed, or
   extended. This request is made under the authority of GL c. 62C, § 49A.




         Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                     69
                       CITY OF NEWTON, MASSACHUSETTS

                                    PERFORMANCE BOND
Know All Men By These Presents:

        That we,_____________________________________________________________, as
PRINCIPAL, and                                       , as SURETY, are held and firmly bound unto the City
of Newton as Obligee, in the sum of ______________________________________________________
dollars ($_________________) to be paid to the Obligee, for which payments well and truly to be made,
we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.

        Whereas, the said PRINCIPAL has made a contract with the Obligee, bearing the date
of             , 20_____, for the construction of
___________________________________________________________________________
                              (Project Title)
in Newton, Massachusetts.

        Now, the condition of this obligation is such that if the PRINCIPAL and all Sub-contractors under
said contract shall well and truly keep and perform all the undertakings, covenants, agreements, terms and
conditions of said contract on its part to be kept and performed during the original term of said contract and
any extensions thereof that may be granted by the Obligee, with or without notice to the SURETY, and
during the life and any guarantee required under the contract, and shall also well and truly keep and
perform all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized
modifications, alterations, changes or additions to said contract that may hereafter be made, notice to the
SURETY of such modifications, alterations, changes or additions being hereby waived, then this obligation
shall become null and void; otherwise, it shall remain in full force, virtue and effect.

       In the event, that the contract is abandoned by the PRINCIPAL, or in the event that the Obligee
terminates the employment of the PRINCIPAL or the authority of the PRINCIPAL to continue the work
said SURETY hereby further agrees that said SURETY shall, if requested in writing by the Obligee, take
such action as is necessary to complete said contract.

         In Witness Whereof, the PRINCIPAL and SURETY have hereto set their hands and seals this
day of           ,20_____.

PRINCIPAL                                           SURETY

____________________________________                ___________________________________

BY                                                  BY___________________________________
         (SEAL)                                          (ATTORNEY-IN-FACT) (SEAL)


         (Title)


ATTEST: ___________________________                         ATTEST: _____________________________




           Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                       70
                               CITY OF NEWTON, MASSACHUSETTS
                                        PAYMENT BOND

Know All Men By These Presents:

       That we,_____________________________________________________________, as PRINCIPAL, and
                                                    , as SURETY, are held and firmly bound unto the City of
Newton as Obligee, in the sum of ______________________________________________________ dollars
($_________________) to be paid to the Obligee, for which payments well and truly to be made, we bind
ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.

        Whereas, the said PRINCIPAL has made a contract with the Obligee, bearing the date
of             , 20_____, for the construction of
___________________________________________________________________________
                        (Project Title)
in Newton, Massachusetts.

   Now, the conditions of this obligation are such that if the PRINCIPAL and all Sub-contractors under said
contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in
any and all duly authorized modifications, alterations, extensions of time, changes or additions to said contract that
may hereafter be made, notice to the SURETY of such modifications, alterations, extensions of time, changes or
additions being hereby waived, the foregoing to include any other purposes or items set out in, and to be subject to,
provisions of M.G.L. c. 30, sec. 39A, and M.G.L. c. 149 sec. 29, as amended, then this obligation shall become null
and void; otherwise it shall remain in full force, virtue and effect.


         In Witness Whereof, the PRINCIPAL and SURETY have hereto set their hands and seals this
day of           ,20____.

PRINCIPAL                                                      SURETY

____________________________________                           ___________________________________

BY                                                             BY___________________________________
         (SEAL)                                                  (ATTORNEY-IN-FACT) (SEAL)


         (Title)


ATTEST: ___________________________                          ATTEST: _____________________________




                   Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                               71
                                             CITY OF NEWTON

          GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION



1.0 DEFINITIONS

1.1 THE CONTRACT DOCUMENTS

   The term "Contract Documents" sometimes also referred to as the "Contract", means the contract entered into
between the City of Newton (hereinafter "City") and the Contractor. It includes the Invitation for Bid, General Bid
Form, Contract Form, these General Conditions of the Contract, Supplements and Amendments to the General
Conditions (if any), Contract Specifications, Drawings, all addenda issued prior to execution of the contract, the Bid
Bond, the Labor and Material Payment Bond, or other assurances of completion, the applicable wage rate
determinations, and other documents listed in the Agreement and modifications issued after execution of the
contract.

1.2 THE WORK

    The term "Work", sometimes also referred to as the "Project", means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all other labor, materials,
equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligation.

1.3 OWNER

The term "Owner" is the City of Newton.

1.4      CONTRACT OFFICER

The term "Contract Officer" means the person appointed by the Owner to administer the terms of the Contract
between the Owner and the Contractor, who is also empowered to take certain actions under this Agreement. The
Owner has appointed its Architect TBA Architects, Inc. as the Contract Officer.

1.5         CONTRACTOR

1.5.1 The Contractor, sometimes referred to as the General Contractor, is the person or entity identified as such
throughout the Contract Documents as if singular in number. The term Contractor means the Contractor or its
authorized representative.

1.5.2 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The
Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences
and procedures, and for coordinating all portions of the Work under the Contract.

1.6       SUBSTANTIAL COMPLETION

The term "Substantial Completion" means the value of the work remaining to be performed by the Contractor is, in
the estimate of the awarding authority, less than one percent (1%) of the original contract price.


2.0 CONTRACT ADMINISTRATION

2.1      PRE-CONSTRUCTION CONFERENCE

2.1.1 Prior to commencement of the Work, the Contractor shall meet in conference with representatives of the
Owner regarding the Owner's requirements under the Contract for administration of the quality assurance program,
safety program, labor provisions, the schedule of work, and other Contract procedures.


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2.1.2 The Contractor shall begin work upon receipt of a written Notice to Proceed from the Contract Officer or
designee. The Contractor shall not begin work prior to receiving such notice.

2.2      CONTRACT PERIOD

    The Contractor shall complete all work required under this contract within the timeframe specified eslewhere in
this document, or within the time schedule established in the notice to proceed issued by the Contract Officer.

2.3      REJECTION OF DEFECTIVE MATERIALS AND WORK

The Owner's inspection of the Work shall not relieve the Contractor of any of its responsibilities to fulfill the
Contract obligations, and defective work shall be corrected without cost to the Owner. Unsuitable work may be
rejected by the Owner, notwithstanding that such work and materials have been previously overlooked or misjudged
by the Owner and accepted 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 forthwith correct such defect in a manner satisfactory
to the Owner, and if any material brought upon the site for use in the Work, or selected for the same, shall be
rejected by the Owner as unsuitable or not in conformity with the Contract requirements, the Contractor shall
forthwith remove such materials from the vicinity of the Work.

2.4      CHANGES

2.4.1 All changes in the work including any increase, decrease, or other equitable adjustment in the Contract price
or in the time for performing the Contract, shall be authorized in writing by the Owner and/or Contract Officer prior
to commencement.

2.5    PAYMENTS

2.5.1 CONTRACT PRICE

The Contract Price is stated in the Contract Form, and including authorized adjustments, is the total amount payable
by the Owner to the Contractor for performance of the Work under the Contract Documents.


2.6        APPLICATIONS FOR PAYMENT

2.6.1 Once each month, on a date established by the Owner at the beginning of the Work, the Contractor shall
deliver to the Owner an itemized Application for Payment, supported by such data substantiating the Contractor's
right to payment as the Owner may require, and reflecting a minimum of 5% retainage until the final acceptance and
payment by the Owner.

2.6.2 The Owner shall make payment to the Contractor within 15 days of receipt of said application, less any
applicable retainage.

2.6.3 The Owner may make changes in any application for payment submitted by the Contractor for:

i. Retention based on the value of its claims against the Contractor,

ii. Retention of 5% of the approved amount of the Application for Payment.

2.7      FINAL PAYMENT

The acceptance by the Contractor of the last payment due under this Contract or the execution of the Final
Certificate of Completion, shall operate as a release to the Owner from all claims and liability related to this
Contract.

2.8      GUARANTY AND WARRANTY

2.8.1 WARRANTY


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The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good
quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of
the Contract Documents. Work not conforming to these requirements, including substitutions not properly
approved and authorized, may be considered defective. If required by the Owner, the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.

2.8.2 GENERAL GUARANTY

If at any time during the period of one (1) year from the date of Substantial Completion of the Work to be
performed under this Contract, any part of the Work shall, in the reasonable determination of the Owner, require
replacing or repairing due to the fact that it is broken, defective, or otherwise does not conform to the Contract
Documents, the Owner will notify the Contractor to make the required repairs or replacement. If the Contractor
shall neglect to commence such repairs or replacement to the satisfaction of the Owner within ten (10) days from the
date of giving or mailing such notice, then the Owner may employ other persons to make the same. The Contractor
agrees, upon demand, to pay to the Owner all amounts which the Owner expends for such repairs or replacements.
During this one year guarantee period any corrective work shall be performed in accordance with the applicable
terms of this Contract. For items of work completed after use and occupancy has been taken, the one year guarantee
shall commence at the time the Owner accepts such items. This one year guarantee shall not limit any express
guaranty or warranty provided elsewhere in the Contract.

2.9     INSURANCE REQUIREMENTS

2.9.1 The Contractor shall provide insurance coverage as listed below. This insurance shall be provided at the
Contractor's expense and shall be in full force and effect during the full term of this Contract.



                 WORKER'S COMPENSATION

                 Worker's Compensation:       Per M.G.L. c.. l49, s. 34 and c.. l52 as amended.

                 PUBLIC LIABILITY

                 Personal Injury          $500,000 each occurrence
                                          $1,000,000 aggregate
                 Property Damage          $500,000 each occurrence
                                          $1,000,000 aggregate


                  VEHICLE LIABILITY

                 Personal Injury       $500,000 each person
                                       $1,000,000 aggregate
                 Property Damage       $300,000

2.9.2 OWNER AS CO-INSURED

The Owner shall be named as additional insureds on the Contractor's Liability Policies.

2.9.3 CERTIFICATES OF INSURANCE, POLICIES

                 i. The Contractor shall not commence the work until proof of compliance with this Section 2.9
                 has been furnished to the Owner by submitting one copy of a properly endorsed insurance
                 certificate issued by a company authorized to write insurance in the Commonwealth. This
                 certificate shall indicate that the contractual liability coverage is in force.

                 ii. The Contractor shall file the original and one certified copy of all policies with the Owner
                 within fifteen (15) days after contract award. If the Owner is damaged by the Contractor's failure


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                  to maintain such insurance and to so notify the Owner, then the Contractor shall be responsible for
                  all reasonable costs attributable thereto.

2.9.4 CANCELLATION

Cancellation of any insurance required by this contract, whether by the insurer or the insured, shall not be valid
unless written notice thereof is given by the party proposing cancellation to the other party and Owner at least thirty
days prior to the effective date thereof, which shall be expressed in said notice.

2.10   INDEMNIFICATION

The Contractor shall take all responsibility for the Work and take all precautions for preventing injuries to persons
and property in or about the Work; shall bear all losses resulting to or on account of the amount or character of the
Work. The Contractor shall pay or cause payment to be made for all labor performed or furnished and for all
materials used or employed in carrying out this Contract. The Contractor shall assume the defense of, and
indemnify and save harmless the Owner, and the Owner's officers and agents from all claims relating to labor
performed or furnished and materials used or employed for the Work; to inventions, patents and patent rights used
in and in doing the Work unless such patent infringement is due to a product or process specified by the Owner; to
injuries to any person or corporation received or sustained by or from the Contractor and any employees, and
subcontractors and employees, in doing the work, or in consequence of any improper materials, implements or labor
used or employed therein; and to any act, omission or neglect of the Contractor and any employees therein.

2.11   BONDS

The Contractor shall provide the Owner with a performance and with a payment or labor and materials bond in the
form provided by the Owner, executed by a surety company licensed by the Commonwealth of Massachusetts'
Division of Insurance. Such bond shall be in an amount equal to at least one half of the Contract price unless
otherwise stated in the Contract Documents. All bonds shall be accompanied by a current power of attorney.

2.12   TERMINATION

2.12.1 TERMINATION FOR CAUSE

                  i. The Owner may terminate this contract for cause if it determines that any of the following
                  circumstances have occurred:

                           a.The Contractor is adjudged bankrupt or has made a general assignment for the benefit
                           of its creditors.

                           b.    A receiver has been appointed of the Contractor's property.

                           c.All or a part of the Work has been abandoned.

                           d. The Contractor has sublet or assigned all or any portion of the Work, the Contract,
                           or claims thereunder, without the prior written consent of the Owner, except as provided
                           in the Contract.

                           e.The Owner has determined that the rate of progress required on the project is not being
                           met.

                           f. The Contractor has substantially violated any provisions of this Contract.

                  ii. The Owner may complete the Work, or any part thereof, and charge its expense of so
                  completing the Work or part thereof, to the Contractor.

                  iii. The Owner may take possession of and use any materials, machinery, implements and tools
                  found upon the site of said Work. The Owner shall not be liable for any depreciation, loss or
                  damage to said materials, machinery, implements or tools during said use and the Contractor shall
                  be solely responsible for their removal from the Project site after the Owner has no further use for
                  them.

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2.12.2   TERMINATION - NO FAULT

               i. In the event that this Contract is terminated by the Owner, prior to the completion of
               construction and termination is not based on a reason listed in Paragraph 2.12.1, the Contractor
               shall be compensated for its costs incurred on the Project, including reasonable costs of de-
               mobilization, covering the period of time between the last approved application for payment and
               the date of termination.

               ii. Payment by the Owner pursuant to Section 2.7 shall be considered to fully compensate the
               Contractor for all claims and expenses and those of any consultants, subcontractors, and suppliers,
               directly or indirectly attributable to the termination, including any claims for lost profits.

2.13           PERMITS, FEES, AND NOTICES

2.13.1         The Contractor shall secure and the Owner shall pay for the building permit, if required. The
               Contractor shall coordinate all efforts required to obtain this permit. All other permits and
               governmental fees, licenses, and inspections necessary for proper execution and completion of the
               Work shall be secured and paid for by the Contractor.

2.13.2         The Contractor shall comply with and give notices required by laws, ordinances rules,
               regulations, and lawful orders of public authorities bearing on performance of the Work.

2.13.3         If the Contractor performs Work that it knows or reasonably should know is contrary to laws,
               statutes, ordinances, building codes, and rules and regulations without such notice to the Owner,
               the Contractor shall assume full responsibility for such Work and shall bear the attributable costs.

2.14           SAFETY REQUIREMENTS

2.14.1            The Contractor shall comply with all Federal, State, and local safety laws and regulations
               applicable to the Work performed under this Contract.

2.15              TEMPORARY HEATING

                   The Contractor shall provide and pay for temporary heating, covering, and enclosures
               necessary to properly protect all work materials against damage by dampness and cold, to dry out
               the Work, and to facilitate the completion of the Work. Any permanent heating equipment used
               shall be turned over to the City in the condition and at the time required by the specifications.

2.16              AVAILABILITY AND USE OF UTILITY SERVICES

2.16.1             The City shall make all reasonably required amounts of utilities available to the Contractor
               from existing outlets and supplies, as specified in the Contract. Unless otherwise provided in the
               Contract, the amount of each utility service consumed shall be charged to or paid for by the
               Contractor at prevailing rates charged to the City or, where the utility is produced by the City, at
               reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve
               any utilities furnished without charge.

2.16.2             The Contractor, at its expense and in a manner satisfactory to the Contracting Officer, shall
               install and maintain all necessary temporary connections and distribution lines, and all meters
               required to measure the amount of each utility used for the purpose of determining charges.
               Before final acceptance of the Work by the City, the Contractor shall remove all the temporary
               connections, distribution lines, meters, and associated paraphernalia.

2.17              DISPUTES

2.17.1            "Claim," as used in this section, means a written demand or written assertion by one of the
               contracting parties seeking, as a matter of right, the payment of money in a sum certain, the
               adjustment or interpretation of contract terms, or other relief arising under or relating to the
               contract. A claim arising under the Contract, unlike a claim relating to the Contract, is a claim
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             that can be resolved under a Contract clause that provides for the relief sought by the claimant. A
             voucher, invoice, or other routine request for payment that is not in dispute when submitted is not
             a claim. The submission may be converted to a claim by complying with the requirements of this
             section, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

2.17.2           All disputes arising under or relating to this Contract, including any claims for damages for the
             alleged breach thereof which are not disposed of by agreement, shall be resolved under this
             section.

2.17.3          All claims by the Contractor shall be made in writing and submitted to the Contract Officer for
             a written decision. A claim by the City against the Contractor shall be subject to a written
             decision by the Contract Officer.



2.17.4           The Contract Officer shall, within thirty (30) days after receipt of the request, decide the claim
             or notify the Contractor of the date by which the decision will be made.

2.17.5          The Contract Officer's decision shall be final unless the Contractor (1) appeals in writing to a
             higher level in the City or (2) files suit in a court of competent jurisdiction. Such appeal must be
             made within thirty (30) days after receipt of the Contract Officer's decision.

2.17.6           The Contractor shall proceed diligently with performance of this Contract and/or any
             authorized change thereof, pending final resolution of any request for relief, claim, appeal, or
             action arising under or relating to the Contract and/or any authorized change thereof, and comply
             with any decision of the Contract Officer.

2.18            LIQUIDATED DAMAGES

2.18.1           Unless expressly permitted by the Owner to temporarily discontinue handicap access to the
             building, if the Contractor fails to maintain handicap access to the building during construction in
             accordance with the provisions of Section 01019 – Contract Considerations , Part I, 1.11A and B,
             page 01019-4, the Contractor shall pay to the City as liquidated damages, the sum of $500.00 for
             each day handicap access is discontinued. To the extent that the Contractor's delay or
             nonperformance is excused under another section in this Contract, liquidated damages shall not be
             due the City. The Contractor remains liable for damages caused other than by delay.


3.0          SALES TAX EXEMPTION AND OTHER TAXES

3.0.1           To the extent that materials and supplies are used or incorporated in the performance of this
             Contract, the Contractor is considered an exempt purchaser under the Massachusetts Sales Act,
             Chapter 14 of the Acts of 1966.

3.0.2            The Contractor shall be responsible for paying all other taxes and tariffs of any sort, related to
             the Work.

3.1             PROHIBITION AGAINST LIENS

                The Contractor is prohibited from placing a lien on the City's property. This prohibition shall
             apply to all subcontractors at any tier and all materials suppliers.

3.2             ORDER OF PRECEDENCE

                 In the event of a conflict between these General Conditions and the Specifications, the General
             Conditions shall prevail. In the event of a conflict between the Contract and any applicable state
             or local law or regulation, the state or local law or regulation shall prevail; provided that such state
             or local law or regulation does not conflict with, or is less restrictive than applicable federal law,
             regulation, or Executive Order. In the event of such a conflict, applicable federal law, regulation,
             and Executive Order shall prevail.

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3.3          EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS

             The City of Newton shall, until three (3) years after final payment under this Contract, have
          access to and the right to examine any of the Contractor's directly pertinent books, documents,
          papers, or other records involving transactions related to this Contract for the purpose of making
          audit, examination, excerpts, and/or transcriptions.


                                      END OF SECTION




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SPECIAL CONDITIONS - COMMONWEALTH OF MASSACHUSETTS & CITY OF NEWTON

                                                                  INDEX

                                   PAGE NO.

Article 1 - Method of Paying Subcontractors
(MGL. C.30, s.39F) ............................... 2

Article 2 - Method of Paying General Contractors
(MGL. C.30, s.39K) ............................... 3

Article 3 - Claims for Unforeseen Conditions
(MGL. C.30, s.39N) ............................... 5

Article 4 - Claims for Delay
(MGL. C.30, s.390) ............................... 5

Article 5 - Decisions and Approvals by Engineer
or Architect
(MGL. C.30, s.39P) ............................... 6

Article 6 - Preference in Employment, Wages
(MGL. C.149, s.26) ............................... 6

Article 7 - Hours of Work
(MGL. C.149, s.34) ............................... 7

Article 8 - Work by Foreign Corporations
(MGL. C.30, s.39L) ............................... 7




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                        SPECIAL CONDITIONS - COMMONWEALTH OF MASSACHUSETTS

Article 1. METHOD OF PAYING SUBCONTRACTORS

(General Laws, Chapter 30, Section 39F as most recently amended by Chapter 450, §76 of the Acts of 1996)

(1.) Every contract awarded pursuant to section forty-four A to L, inclusive, of chapter one hundred and forty-nine
shall contain the following subparagraphs (a) through (i) and every contract awarded pursuant to section thirty-nine
M of chapter thirty shall contain the following subparagraphs (a) through (h) and in each case those subparagraphs
shall be binding between the general contractor and each subcontractor.

(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 performed and the materials furnished by the
subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount
claimed due from the subcontractor by the general contractor.

(b) Not later than the sixty-fifth day after each subcontractor substantially completes his work in accordance with
the plans and specifications, the entire balance due under the subcontract less amounts retained by the 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 subparagraphs (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.

(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 the balance from the awarding authority. The demand shall be by a
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 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 a 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 form 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 deductions from direct
payments made as provided in parts (i) and (ii) of this subparagraph.

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(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 a 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 for 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 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 the 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 payment received from subcontractors. All such amounts shall be earmarked for such direct
payments, and the subcontractors shall have a right in such deductions prior to any claims against such amounts by
creditors of the general contractor.

(i) If the subcontractor does not receive payment as provided in subparagraph (a) or if the general contractor does
not submit a 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 subparagraph. A demand made after the first day of the
month following that for which the subcontractor performed or furnished the labor and materials for which the
subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on a
periodic estimate from the general contractor. Thereafter the awarding authority shall proceed as provided in
subparagraph (e), (f), (g) and (h).

Article 2. METHOD OF PAYING GENERAL CONTRACTORS

(General Laws, Chapter 30, Section 39K as most recently amended by Chapter 145 of the Acts of 1991 and
Chapter 151 of the Acts of 1993.)

Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public
building by the commonwealth, or by any county, city, town, district, board, commission or other public body, when
the amount is more than five thousand dollars in the case of the commonwealth and more than two thousand dollars
in the case of any county, city, town, district, board, commission or other public body, shall contain the following
paragraph:--Within fifteen days (forty-five days in the case of the commonwealth, including local housing
authorities) 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, less (1) a retention based on its estimate of the fair value of its
claims against the contractor and less (2) a retention for direct payments to subcontractors based on demands for
same in accordance with the provisions of section thirty-nine F, and less (3) a retention not exceeding five per cent
of the approved amount of the periodic payment. 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 per cent
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 thirtynine F. If the awarding

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authority fails to make payment as herein provided, there shall be added to each such payment daily interest at the
rate of three percentage points above the rediscount rate then charged by the Federal Reserve Bank of Boston
commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the
contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final
payment until fifteen days (twenty-four days in the case of the commonwealth) 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 awarding 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; provided, that the awarding 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 computations. The
date of receipt of a periodic estimate received on a Saturday shall be the first working day thereafter. The provisions
of section thirty-nine G shall not apply to any contract for the construction, reconstruction, alteration, remodeling,
repair or demolition of any public building to which this section applies.

All periodic estimates shall be submitted to the awarding authority, or to its designee as set forth in writing to the
contractor, and the date of receipt by the awarding authority or its designee shall be marked on the estimate. All
periodic estimates shall contain a separate item for each filed subtrade and each sub-subtrade listed in sub-bid form
as required by specifications and a column listing the amount paid to each subcontractor and sub-subcontractor as of
the date the periodic estimate is filed. The person making payment for the awarding authority shall add the daily
interest provided for herein to each payment for each day beyond the due date based on the date of receipt marked
on the estimate.

A certificate of the architect to the effect that the contractor has fully or substantially completed the work shall,
subject to the provisions of section thirty-nine J, be conclusive for the purposes of this section.

Article 3. CLAIMS FOR UNFORESEEN CONDITIONS

(General Laws, Chapter 30, Section 39N as most recently amended by Chapter 774 of the Acts of 1972)

Every contract subject to section forty-four A of chapter one hundred and forty-nine or subject to section thirty-nine
M of chapter thirty shall contain the following paragraph in its entirety and an awarding 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 of the character provided for in the plans and
contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the
work or a change in the construction methods required for the performance of the work which results in an increase
or decrease in the cost of the work, the contracting authority shall make an equitable adjustment in the contract price
and the contract shall be modified in writing accordingly.

Article 4. CLAIMS FOR DELAY

(General Laws, Chapter 30, Section 390 as added by Chapter 116 of the Acts of 1973)


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Every contract subject to the provisions of section thirty-nine M of this chapter or subject to section forty-four A of
chapter one hundred forty-nine shall contain the following provisions (a) and (b) in their entirety and, in the event a
suspension, delay, interruption or failure to act of the awarding authority increases the cost of performance to any
subcontractor, that subcontractor shall have the same rights against the general contractor for payment for an
increase in the cost of his performance as provisions (a) and (b) give the general contractor against the awarding
authority, but nothing in provisions (a) and (b) shall in any way change, modify or alter any other rights which the
general contractor or the subcontractor may have against each other.

(a) The awarding authority may order the general contractor in writing to suspend, delay, or interrupt all or any part
of the work for such period of time as it may determine to be appropriate for the convenience of the awarding
authority; provided however, that if there is a suspension, delay or interruption for fifteen days or more or due to a
failure of the awarding authority to act within the time specified in this contract, the awarding authority shall make
an adjustment in the contract price for any increase in the cost of performance of this contract but shall not include
any profit to the general contractor on such increase; and provided further, that the awarding authority shall not
make any adjustment in the contract price under this provision for any suspension, delay, interruption or failure to
act to the extent that such is due to any cause for which this contract provides for an equitable adjustment of the
contract price under any other contract provisions.

(b) The general contractor must submit the amount of a claim under provision (a) to the awarding authority in
writing, as soon as practicable after the end of the suspension, delay, interruption of failure to act and, in any event,
not later than the date of final payment under this contract and, except for costs due to a suspension order, the
awarding authority shall not approve any costs in the claim incurred more than twenty days before the general
contractor notified the awarding authority in writing of the act of failure to act involved in the claim.


Article 5. DECISIONS AND APPROVALS BY ENGINEER OR ARCHITECT

(General Laws, Chapter 30, Section 39P, as added by Chapter 1164 of the Acts of 1973)

Every contract subject to section thirty-nine M of this chapter or section forty-four A of chapter one hundred
forty-nine which requires the awarding authority, any official, its architect or engineer to make a decision on
interpretation of the specifications, approval of equipment, material or any other approval, or progress of the work,
shall require that the decision be made promptly and, in any event, no later than thirty days after the written
submission for decision; but if such decision requires extended investigation and study, the awarding authority, the
official, architect or engineer shall, within thirty days after the receipt of the submission, give the party making the
submission written notice of the reasons why the decision cannot be made within the thirty day period and the date
by which the decision will be made.

Article 6. PREFERENCE IN EMPLOYMENT, WAGES

(General Laws, Chapter 149 Section 26 as most recently amended by Chapter 665 of the Acts of 1986 and
Chapter 552 of the Acts of 1991).

In the employment of mechanics and apprentices, teamsters, chauffeurs and laborers in the construction of public
works by the commonwealth, or by a county, town or district, or by persons contracting or subcontracting for such
works, preference shall first be given to citizens of the commonwealth who have been residents of the
commonwealth for at least six months at the commencement of their employment who are male veterans as defined
in clause Forty-third of section seven of chapter four, and who are qualified to perform the work to which the
employment relates; and secondly, to citizens of the commonwealth generally who have been residents of the
commonwealth for at least six months at the commencement of their employment, and if they cannot be obtained in
sufficient numbers, then to citizens of the United States, and every contract for such work shall contain a provision
to this effect. Each county, town or district in the construction of public works, or persons contracting or
subcontracting for such works, shall give preference to veterans and citizens who are residents of such county, town
or district. The rate per hour of the wages paid to said mechanics and apprentices, teamsters, chauffeurs and laborers
in the construction of public works shall not be less than the rate or rates of wages to be determined by the
commissioner as hereinafter provided; provided, that the wages paid to laborers employed on said works shall not
be less than those paid to laborers in the municipal service of the town or towns where said works are being
constructed; provided, further, that where the same public work is to be constructed in two or more towns, the
wages paid to laborers shall not be less than those paid to laborers in the municipal service of the town paying the
highest rate; provided, further, that if, in any of the towns where the works are to be constructed, a wage rate or

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wage rates have been established in certain trades and occupations by collective agreements or understandings in the
private construction industry between organized labor and employers, the rate or rates to be paid on said works shall
not be less than the rates so established, provided, further that in towns where no such rate or rates have been so
established, the wages paid to mechanics and apprentices, teamster, chauffeurs and laborers on public works, shall
not be less than the wages paid to the employees in the same trades and occupations by private employers engaged
in the construction industry. This section shall also apply to regular employees of the commonwealth or of a county,
town or district, when such employees are employed in the construction, addition to or alteration of public buildings
for which special appropriation of more than One Thousand Dollars are provided. Payments by employers to health
and welfare plans, pension plans and supplementary unemployment benefit plans under collective bargaining
agreements or understandings between organized labor and employers shall be included for the purpose of
establishing minimum wage rates as herein provided.

Article 7. HOURS OF WORK

(General Laws, Chapter 149 Section 34 as most recently amended by Chapter 552 of the Acts of 1991).

Every contract, except for the purchase of material or supplies, involving the employment of laborers, workmen,
mechanics, foremen or inspectors, to which the commonwealth or any county or town, subject to section thirty, is a
party, shall contain a stipulation that no laborer, workman, mechanic, foreman or inspector working within the
commonwealth, in the employ of the contractor, subcontractor or other person doing or contracting to do the whole
or a part of the work contemplated by the contract, shall be required or permitted to work more than eight hours in
any one day or more than forty-eight hours in any one week, or more than six days in any one week, except in case
of emergency, or, in case any town subject to section thirty-one is a party to such a contract, more than eight hours
in any one day, except as aforesaid, provided, that in contracts entered into by the department of highways for the
construction or reconstruction of highways there may be inserted in said stipulation a provision that said
department, or any contractor or subcontractor for said department, may employ laborers, workmen, mechanics,
foremen and inspectors for more than eight hours in any one day in such construction or reconstruction when, in the
opinion of the commissioner of labor and industries, public necessity so requires. Every such contract not
containing the aforesaid stipulation shall be null and void.


Article 8. WORK BY FOREIGN CORPORATIONS

(General Laws, Chapter 30 Section 39L, as most recently amended by Chapter 3 of the Acts of 1967).

The Commonwealth and every county, city, town, district, board, commission or other public body which, as the
awarding authority, requests
proposals, bids or subbids for any work in the construction, reconstruction, alteration, remodeling, repair or
demolition of any public building or other public works (1) shall not enter into a contract for such work with, and
shall not approve as a subcontractor furnishing labor and materials for a part of any such work, a foreign
corporation which has not filed with such awarding authority a certificate of the state secretary stating that such
corporation has complied with sections three and five of chapter one hundred and eighty-one and the date of such
compliance, and (2) shall report to the state secretary and to the department of corporations and taxation any foreign
corporation performing work under such contract or subcontract, and any person, other than a corporation,
performing work under such contract or subcontract, and residing or having a principal place of business outside the
Commonwealth.



                                         END OF SPECIAL CONDITIONS




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FEDERAL DAVIS-BACON LABOR STANDARDS AND
           PREVAILING WAGES




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              FEDERAL LABOR STANDARDS COMPLIANCE

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

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

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




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SCHEDULE OF PAPERWORK SUBMITTALS FOR CDBG FUNDED PROJECTS


PAPERWORK                                              FREQUENCY
Contractor and Subcontractor Certification             Once at the award of the contract
Weekly Certified Payroll Reports (CPR)                 Weekly
Statement of Compliance                                Weekly with CPR
WH – 1321 & EEOC-1 Forms                               Posted During Project; site or in office
Wage Rates                                             Posted During Project; site or in office



 PLEASE SEND REPORTS TO:
 Lowell Haynes, Community Development Planner
 Housing and Community Development Division
 City of Newton
 1000 Commonwealth Avenue
 Newton, MA 02459
 (617) 796-1139
 (617) 796-1142 FAX
 Lhaynes@newtonma.gov




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           NEWTON CONTRACTOR AND SUBCONTRACTOR
                   CERTIFICATION FORMS

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




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                                                                                               Attachment B

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

                  CITY OF NEWTON CONTRACTOR’S CERTIFICATION

        CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

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


                                   CERTIFICATION


                                                                                     :
                                        Contractor’s Name

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

2.   Certifies that:
     a. Neither the contractor nor other firm, corporation, partnership or association in which the
          contractor has substantial interest is designated as an ineligible contractor by the
          Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of
          the Secretary of Labor (29 CFR, part 5) or pursuant to Section 3(a) of the Davis-Bacon
          Act, as amended (40 USC 276a-9(a)).
     b. No part of the aforementioned contract has been or will be subcontracted to any
          subcontractor is such subcontractor or any firm, corporation, partnership or association in
          which the subcontractor has substantial interest is designated as an ineligible contractor
          by the Comptroller General of the United States pursuant to Section 5.6(b) of the
          Regulations of the Secretary of Labor (29 CFR, part 5) or pursuant to Section 3(a) of the
          Davis-Bacon Act, as amended (40 USC 276a-9(a)).

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

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

         Business Name:

         Business Address:

         Federal ID #:

         Kind of Business (circle one):
         a) A Corporation Organized in the State of
         b) A Single Proprietorship
         c) A Partnership
         d) Other Organization (describe):



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

          NAME                           TITLE                            ADDRESS




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

          NAME                           ADDRESS                          NATURE OF INTEREST




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

          NAME                           ADDRESS                          TRADE CLASSIFICATION




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

          CONSTRUCTION JOB CLASSIFICATION




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




Signature of authorized representative of contractor                   Date

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




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

                      CITY OF NEWTON SUBCONTRACTOR’S CERTIFICATION
                 CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

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

                                               CERTIFICATION


                                                                                           :
                                                Subcontractor’s Name

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

         2.   Certifies that:
              a. Neither the subcontractor nor other firm, corporation, partnership or association in which
                  the subcontractor has substantial interest is designated as an ineligible subcontractor by
                  the Comptroller General of the United States pursuant to Section 5.6(b) of the
                  Regulations of the Secretary of Labor (29 CFR, part 5) or pursuant to Section 3(a) of the
                  Davis-Bacon Act, as amended (40 USC 276a-9(a)).
              b. No part of the aforementioned contract has been or will be subcontracted to any
                  subcontractor is such subcontractor or any firm, corporation, partnership or association in
                  which the subcontractor has substantial interest is designated as an ineligible
                  subcontractor by the Comptroller General of the United States pursuant to Section 5.6(b)
                  of the Regulations of the Secretary of Labor (29 CFR, part 5) or pursuant to Section 3(a)
                  of the Davis-Bacon Act, as amended (40 USC 276a-9(a)).

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

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

                  Business Name:

                  Business Address:

                  Federal ID #:

                  Kind of Business (circle one):

                  a) A Corporation Organized in the State of
                  b) A Single Proprietorship
                  c) A Partnership
                  d) Other Organization (describe):



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

          NAME                           TITLE                             ADDRESS




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

          NAME                           ADDRESS                           NATURE OF INTEREST




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

          NAME                           ADDRESS                           TRADE CLASSIFICATION




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

          CONSTRUCTION JOB CLASSIFICATION




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




Signature of authorized representative of contractor                    Date

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




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      FEDERAL STATEMENT OF COMPLIANCE AND PAYROLL FORM

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

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

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

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




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                              INSTRUCTIONS FOR PREPARATION OF
                                STATEMENT OF COMPLIANCE


This statement of compliance meets needs resulting from the amendment of the Davis-Bacon Act
to include fringe benefits provisions. Under this amended law, the contractor is required to pay
fringe benefits as predetermined by the Department of Labor, in addition to payment of the
minimum rates. The contractor’s obligation to pay fringe benefits may be met by payment of the
fringes to the various plans, funds, or programs or by making these payments to the employees
as cash in lieu of fringes.

The contractor should show on the face of his payroll all monies paid to the employees whether
as basic rates or as cash in lieu of fringes. The contractor shall represent in the statement of
compliance that he is paying to others fringes required by the contract and not paid as cash in
lieu of fringes. Detailed instructions follow:

Contractors who pay all required fringe benefits:
A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less
than were determined in the applicable wage decision of the Secretary of Labor shall continue to
show on the face of his payroll the basic cash hourly rate and overtime rate paid to his
employees, just as he has always done. Such a contractor shall check paragraph 4(a) of the
statement to indicate that he is also paying to approved plans, funds, or programs not less than
the amount predetermined as fringe benefits for each craft. Any exception shall be noted in
Section 4(c).



Contractors who pay no fringe benefits:
A contractor who pays no fringe benefits shall pay to the employee and insert in the straight time
hourly rate column of his payroll an amount not less than the predetermined rate for each
classification plus the amount of fringe benefits determined for each classification in the
applicable wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in
lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate,
plus the half time premium on the basic or regular rate plus the required cash in lieu of fringes at
the straight time rate. To simplify computation of overtime, it is suggested that the straight time
basic rate and cash in lieu of fringes be separately stated in the hourly rate column, thus
$3.25/.40. In addition, the contractor shall check paragraph 4(b) of the statement to indicate that
he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in
Section 4(c).



Use of Section 4(c), Exceptions:
Any contractor who is making payment to approved plans, funds, or programs in amounts less
than the wage determination requires is obliged to pay the deficiency directly to the employees
as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may
check, shall be entered in Section 4(c). Enter in the Exception column the craft, and enter in the
Explanation column the hourly amount paid the employees as cash in lieu of fringes, and the
hourly amount paid to plans, funds, or programs as fringes.
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Federal Labor Standards Provisions                              (ii) (a) Any class of laborers or mechanics which is
                                                                not listed in the wage determination and which is to
U.S. Department of Housing and Urban Development
                                                                be employed under the contract shall be classified in
Office of Labor Relations
                                                                conformance with the wage determination. HUD
                                                                shall approve an additional classification and wage
Applicability                                                   rate and fringe benefits therefor only when the
The Project or Program to which the construction                following criteria have been met:
work covered by this contract pertains is being
assisted by the United States of America and the                (1) The work to be performed by the classification
following Federal Labor Standards Provisions are                requested is not performed by a classification in the
included in this Contract pursuant to the provisions            wage determination; and
applicable to such Federal assistance.
                                                                (2) The classification is utilized in the area by the
A. 1. (i) Minimum Wages. All laborers and                       construction industry; and
mechanics employed or working upon the site of the
work will be paid unconditionally and not less often            (3) The proposed wage rate, including any bona fide
than once a week, and without subsequent deduction              fringe benefits, bears a reasonable relationship to the
or rebate on any account (except such payroll                   wage rates contained in the wage determination.
deductions as are permitted by regulations issued by
the Secretary of Labor under the Copeland Act (29               (b) If the contractor and the laborers and mechanics
CFR Part 3), the full amount of wages and bona fide             to be employed in the classification (if known), or
fringe benefits (or cash equivalents thereof) due at            their representatives, and HUD or its designee agree
time of payment computed at rates not less than those           on the classification and wage rate (including the
contained in the wage determination of the Secretary            amount designated for fringe benefits where
of Labor which is attached hereto and made a part               appropriate), a report of the action taken shall be sent
hereof, regardless of any contractual relationship              by HUD or its designee to the Administrator of the
which may be alleged to exist between the contractor            Wage and Hour Division, Employment Standards
and such laborers and mechanics. Contributions                  Administration, U.S. Department of Labor,
made or costs reasonably anticipated for bona fide              Washington, D.C. 20210. The Administrator, or an
fringe benefits under Section l(b)(2) of the Davis-             authorized representative, will approve, modify, or
Bacon Act on behalf of laborers or mechanics are                disapprove every additional classification action
considered wages paid to such laborers or mechanics,            within 30 days of receipt and so advise HUD or its
subject to the provisions of 29 CFR 5.5(a)(1)(iv);              designee or will notify HUD or its designee within
also, regular contributions made or costs incurred for          the 30-day period that additional time is necessary.
more than a weekly period (but not less often than              (Approved by the Office of Management and Budget
quarterly) under plans, funds, or programs, which               under OMB control number 1215- 0140.)
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly              (c) In the event the contractor, the laborers or
period.                                                         mechanics to be employed in the classification or
                                                                their representatives, and HUD or its designee do not
Such laborers and mechanics shall be paid the                   agree on the proposed classification and wage rate
appropriate wage rate and fringe benefits on the wage           (including the amount designated for fringe benefits,
determination for the classification of work actually           where appropriate), HUD or its designee shall refer
performed, without regard to skill, except as                   the questions, including the views of all interested
provided in 29 CFR 5.5(a)(4). Laborers or mechanics             parties and the recommendation of HUD or its
performing work in more than one classification may             designee, to the Administrator for determination.
be compensated at the rate specified for each                   The Administrator, or an authorized representative,
classification for the time actually worked therein:            will issue a determination within 30 days of receipt
Provided, That the employer’s payroll records                   and so advise HUD or its designee or will notify
accurately set forth the time spent in each                     HUD or its designee within the 30-day period that
classification in which work is performed. The wage             additional time is necessary. (Approved by the Office
determination (including any additional classification          of Management and Budget under OMB Control
and wage rates conformed under 29 CFR 5.5(a)(1)(ii)             Number 1215-0140.)
and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its                   (d) The wage rate (including fringe benefits where
subcontractors at the site of the work in a prominent           appropriate) determined pursuant to subparagraphs
and accessible, place where it can be easily seen by            (1)(ii)(b) or (c) of this paragraph, shall be paid to all
the workers.                                                    workers performing work in the classification under


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this contract from the first day on which work is                records shall contain the name, address, and social
performed in the classification.                                 security number of each such worker, his or her
                                                                 correct classification, hourly rates of wages paid
(iii) Whenever the minimum wage rate prescribed in               (including rates of contributions or costs anticipated
the contract for a class of laborers or mechanics                for bona fide fringe benefits or cash equivalents
includes a fringe benefit which is not expressed as an           thereof of the types described in Section l(b)(2)(B) of
hourly rate, the contractor shall either pay the benefit         the Davis-Bacon Act), daily and weekly number of
as stated in the wage determination or shall pay                 hours worked, deductions made and actual wages
another bona fide fringe benefit or an hourly cash               paid. Whenever the Secretary of Labor has found
equivalent thereof.                                              under 29 CFR 5.5 (a)(1)(iv) that the wages of any
                                                                 laborer or mechanic include the amount of any costs
(iv) If the contractor does not make payments to a               reasonably anticipated in providing benefits under a
trustee or other third person, the contractor may                plan or program described in Section l(b)(2)(B) of
consider as part of the wages of any laborer or                  the Davis-Bacon Act, the contractor shall maintain
mechanic the amount of any costs reasonably                      records which show that the commitment to provide
anticipated in providing bona fide fringe benefits               such benefits is enforceable, that the plan or program
under a plan or program, Provided, That the                      is financially responsible, and that the plan or
Secretary of Labor has found, upon the written                   program has been communicated in writing to the
request of the contractor, that the applicable                   laborers or mechanics affected, and records which
standards of the Davis-Bacon Act have been met.                  show the costs anticipated or the actual cost incurred
The Secretary of Labor may require the contractor to             in providing such benefits. Contractors employing
set aside in a separate account assets for the meeting           apprentices or trainees under approved programs
of obligations under the plan or program. (Approved              shall maintain written evidence of the registration of
by the Office of Management and Budget under                     apprenticeship programs and certification of trainee
OMB Control Number 1215-0140.)                                   programs, the registration of the apprentices and
                                                                 trainees, and the ratios and wage rates prescribed in
2. Withholding. HUD or its designee shall upon its               the applicable programs. (Approved by the Office of
own action or upon written request of an authorized              Management and Budget under OMB Control
representative of the Department of Labor withhold               Numbers 1215-0140 and 1215-0017.)
or cause to be withheld from the contractor under this
contract or any other Federal contract with the same             (ii) (a) The contractor shall submit weekly for each
prime contractor, or any other Federally-assisted                week in which any contract work is performed a copy
contract subject to Davis-Bacon prevailing wage                  of all payrolls to HUD or its designee if the agency is
requirements, which is held by the same prime                    a party to the contract, but if the agency is not such a
contractor so much of the accrued payments or                    party, the contractor will submit the payrolls to the
advances as may be considered necessary to pay                   applicant sponsor, or owner, as the case may be, for
laborers and mechanics, including apprentices,                   transmission to HUD or its designee. The payrolls
trainees and helpers, employed by the contractor or              submitted shall set out accurately and completely all
any subcontractor the full amount of wages required              of the information required to be maintained under
by the contract. In the event of failure to pay any              29 CFR 5.5(a)(3)(i). This information may be
laborer or mechanic, including any apprentice,                   submitted in any form desired. Optional Form WH-
trainee or helper, employed or working on the site of            347 is available for this purpose and may be
the work, all or part form of the wages required by              purchased from the Superintendent of Documents
the contract, HUD or its designee may, after written             (Federal Stock Number 029-005-00014-1), U.S.
notice to the contractor, sponsor, applicant, or owner,          Government Printing Office, Washington, DC 20402.
take such action as may be necessary to cause the                The prime contractor is responsible for the
suspension of any further payment, advance, or                   submission of copies of payrolls by all
guarantee of funds until such violations have ceased.            subcontractors. (Approved by the Office of
HUD or its designee may, after written notice to the             Management and Budget under OMB Control
contractor, disburse such amounts withheld for and               Number 1215-0149.)
on account of the contractor or subcontractor to the
respective employees to whom they are due. The                   (b) Each payroll submitted shall be accompanied by a
Comptroller General shall make such disbursements                “Statement of Compliance,” signed by the contractor
in the case of direct Davis-Bacon Act contracts.                 or subcontractor or his or her agent who pays or
                                                                 supervises the payment of the persons employed
3. (i) Payrolls and basic records. Payrolls and basic            under the contract and shall certify the following:
records relating thereto shall be maintained by the
contractor during the course of the work preserved               (1) That the payroll for the payroll period contains
for a period of three years thereafter for all laborers          the information required to be maintained under 29
and mechanics working at the site of the work. Such

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CFR 5.5 (a)(3)(i) and that such information is correct           probationary employment as an apprentice in such an
and complete;                                                    apprenticeship program, who is not individually
                                                                 registered in the program, but who has been certified
(2) That each laborer or mechanic (including each                by the Office of Apprenticeship Training, Employer
helper, apprentice, and trainee) employed on the                 and Labor Services or a State Apprenticeship Agency
contract during the payroll period has been paid the             (where appropriate) to be eligible for probationary
full weekly wages earned, without rebate, either                 employment as an apprentice. The allowable ratio of
directly or indirectly, and that no deductions have              apprentices to journeymen on the job site in any craft
been made either directly or indirectly from the full            classification shall not be greater than the ratio
wages earned, other than permissible deductions as               permitted to the contractor as to the entire work force
set forth in 29 CFR Part 3;                                      under the registered program. Any worker listed on a
                                                                 payroll at an apprentice wage rate, who is not
(3) That each laborer or mechanic has been paid not              registered or otherwise employed as stated above,
less than the applicable wage rates and fringe                   shall be paid not less than the applicable wage rate on
benefits or cash equivalents for the classification of           the wage determination for the classification of work
work performed, as specified in the applicable wage              actually performed. In addition, any apprentice
determination incorporated into the contract.                    performing work on the job site in excess of the ratio
                                                                 permitted under the registered program shall be paid
(c) The weekly submission of a properly executed                 not less than the applicable wage rate on the wage
certification set forth on the reverse side of Optional          determination for the work actually performed.
Form WH-347 shall satisfy the requirement for                    Where a contractor is performing construction on a
submission of the “Statement of Compliance”                      project in a locality other than that in which its
required by subparagraph A.3.(ii)(b).                            program is registered, the ratios and wage rates
                                                                 (expressed in percentages of the journeyman’s hourly
(d) The falsification of any of the above certifications         rate) specified in the contractor’s or subcontractor’s
may subject the contractor or subcontractor to civil or          registered program shall be observed. Every
criminal prosecution under Section 1001 of Title 18              apprentice must be paid at not less than the rate
and Section 231 of Title 31 of the United States                 specified in the registered program for the
Code.                                                            apprentice’s level of progress, expressed as a
                                                                 percentage of the journeymen hourly rate specified in
(iii) The contractor or subcontractor shall make the             the applicable wage determination. Apprentices shall
records required under subparagraph A.3.(i) available            be paid fringe benefits in accordance with the
for inspection, copying, or transcription by                     provisions of the apprenticeship program. If the
authorized representatives of HUD or its designee or             apprenticeship program does not specify fringe
the Department of Labor, and shall permit such                   benefits, apprentices must be paid the full amount of
representatives to interview employees during                    fringe benefits listed on the wage determination for
working hours on the job. If the contractor or                   the applicable classification. If the Administrator
subcontractor fails to submit the required records or            determines that a different practice prevails for the
to make them available, HUD or its designee may,                 applicable apprentice classification, fringes shall be
after written notice to the contractor, sponsor,                 paid in accordance with that determination. In the
applicant or owner, take such action as may be                   event the Office of Apprenticeship Training,
necessary to cause the suspension of any further                 Employer and Labor Services, or a State
payment, advance, or guarantee of funds.                         Apprenticeship Agency recognized by the Office,
Furthermore, failure to submit the required records              withdraws approval of an apprenticeship program,
upon request or to make such records available may               the contractor will no longer be permitted to utilize
be grounds for debarment action pursuant to 29 CFR               apprentices at less than the applicable predetermined
5.12.                                                            rate for the work performed until an acceptable
                                                                 program is approved.
4. Apprentices and Trainees.
                                                                 (ii) Trainees. Except as provided in 29 CFR 5.16,
(i) Apprentices. Apprentices will be permitted to                trainees will not be permitted to work at less than the
work at less than the predetermined rate for the work            predetermined rate for the work performed unless
they performed when they are employed pursuant to                they are employed pursuant to and individually
and individually registered in a bona fide                       registered in a program which has received prior
apprenticeship program registered with the U.S.                  approval, evidenced by formal certification by the
Department of Labor, Employment and Training                     U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training,               Administration. The ratio of trainees to journeymen
Employer and Labor Services, or with a State                     on the job site shall not be greater than permitted
Apprenticeship Agency recognized by the Office, or               under the plan approved by the Employment and
if a person is employed in his or her first 90 days of           Training Administration. Every trainee must be paid

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at not less than the rate specified in the approved
program for the trainee’s level of progress, expressed          8. Compliance with Davis-Bacon and Related Act
as a percentage of the journeyman hourly rate                   Requirements.
specified in the applicable wage determination.                 All rulings and interpretations of the Davis-Bacon
Trainees shall be paid fringe benefits in accordance            and Related Acts contained in 29 CFR Parts 1, 3, and
with the provisions of the trainee program. If the              5 are herein incorporated by reference in this
trainee program does not mention fringe benefits,               contract.
trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the            9. Disputes concerning labor standards. Disputes
Administrator of the Wage and Hour Division                     arising out of the labor standards provisions of this
determines that there is an apprenticeship program              contract shall not be subject to the general disputes
associated with the corresponding journeyman wage               clause of this contract. Such disputes shall be
rate on the wage determination which provides for               resolved in accordance with the procedures of the
less than full fringe benefits for apprentices. Any             Department of Labor set forth in 29 CFR Parts 5, 6,
employee listed on the payroll at a trainee rate who is         and 7. Disputes within the meaning of this clause
not registered and participating in a training plan             include disputes between the contractor (or any of its
approved by the Employment and Training                         subcontractors) and HUD or its designee, the U.S.
Administration shall be paid not less than the                  Department of Labor, or the employees or their
applicable wage rate on the wage determination for              representatives.
the work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio          10. (i) Certification of Eligibility. By entering into
permitted under the registered program shall be paid            this contract the contractor certifies that neither it
not less than the applicable wage rate on the wage              (nor he or she) nor any person or firm who has an
determination for the work actually performed. In the           interest in the contractor’s firm is a person or firm
event the Employment and Training                               ineligible to be awarded Government contracts by
Administration withdraws approval of a training                 virtue of Section 3(a) of the Davis-Bacon Act or 29
program, the contractor will no longer be permitted             CFR 5.12(a)(1) or to be awarded HUD contracts or
to utilize trainees at less than the applicable                 participate in HUD programs pursuant to 24 CFR
predetermined rate for the work performed until an              Part 24.
acceptable program is approved.
                                                                (ii) No part of this contract shall be subcontracted to
(iii) Equal employment opportunity. The                         any person or firm ineligible for award of a
utilization of apprentices, trainees and journeymen             Government contract by virtue of Section 3(a) of the
under 29 CFR Part 5 shall be in conformity with the             Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
equal employment opportunity requirements of                    awarded HUD contracts or participate in HUD
Executive Order 11246, as amended, and 29 CFR                   programs pursuant to 24 CFR Part 24.
Part 30.
                                                                (iii) The penalty for making false statements is
5. Compliance with Copeland Act requirements.                   prescribed in the U.S. Criminal Code, 18 U.S.C.
The contractor shall comply with the requirements of            1001. Additionally, U.S. Criminal Code, Section 1 01
29 CFR Part 3 which are incorporated by reference in            0, Title 18, U.S.C., “Federal Housing Administration
this contract.                                                  transactions”, provides in part: “Whoever, for the
                                                                purpose of . . . influencing in any way the action of
6. Subcontracts. The contractor or subcontractor                such Administration.....makes, utters or publishes any
will insert in any subcontracts the clauses contained           statement knowing the same to be false..... shall be
in subparagraphs 1 through 11 of this paragraph A               fined not more than $5,000 or imprisoned not more
and such other clauses as HUD or its designee may               than two years, or both.”
by appropriate instructions require, and a copy of the
applicable prevailing wage decision, and also a                 11. Complaints, Proceedings, or Testimony by
clause requiring the subcontractors to include these            Employees.
clauses in any lower tier subcontracts. The prime               No laborer or mechanic to whom the wage, salary, or
contractor shall be responsible for the compliance by           other labor standards provisions of this Contract are
any subcontractor or lower tier subcontractor with all          applicable shall be discharged or in any other manner
the contract clauses in this paragraph.                         discriminated against by the Contractor or any
                                                                subcontractor because such employee has filed any
7. Contract termination; debarment. A breach of                 complaint or instituted or caused to be instituted any
the contract clauses in 29 CFR 5.5 may be grounds               proceeding or has testified or is about to testify in
for termination of the contract and for debarment as a          any proceeding under or relating to the labor
contractor and a subcontractor as provided in 29 CFR            standards applicable under this Contract to his
5.12.                                                           employer.

              Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                          111
                                                                  also a clause requiring the subcontractors to include
B. Contract Work Hours and Safety Standards                       these clauses in any lower tier subcontracts. The
Act. The provisions of this paragraph B are                       prime contractor shall be responsible for compliance
applicable only where the amount of the prime                     by any subcontractor or lower tier subcontractor with
contract exceeds $100,000. As used in this                        the clauses set forth in subparagraphs (1) through (4)
paragraph, the terms “laborers” and “mechanics”                   of this paragraph.
include watchmen and guards.
                                                                  C. Health and Safety. The provisions of this
(1) Overtime requirements. No contractor or                       paragraph C are applicable only where the amount of
subcontractor contracting for any part of the contract            the prime contract exceeds $100,000.
work which may require or involve the employment
of laborers or mechanics shall require or permit any              (1) No laborer or mechanic shall be required to work
such laborer or mechanic in any workweek in which                 in surroundings or under working conditions which
he or she is employed on such work to work in                     are unsanitary, hazardous, or dangerous to his health
excess of 40 hours in such workweek unless such                   and safety as determined under construction safety
laborer or mechanic receives compensation at a rate               and health standards promulgated by the Secretary of
not less than one and one-half times the basic rate of            Labor by regulation.
pay for all hours worked in excess of 40 hours in
such workweek.                                                    (2) The Contractor shall comply with all regulations
                                                                  issued by the Secretary of Labor pursuant to Title 29
(2) Violation; liability for unpaid wages;                        Part 1926 and failure to comply may result in
liquidated damages. In the event of any violation of              imposition of sanctions pursuant to the Contract
the clause set forth in subparagraph (1) of this                  Work Hours and Safety Standards Act, 40 USC 3701
paragraph, the contractor and any subcontractor                   et seq.
responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor             (3) The Contractor shall include the provisions of this
shall be liable to the United States (in the case of              paragraph in every subcontract so that such
work done under contract for the District of                      provisions will be binding on each subcontractor.
Columbia or a territory, to such District or to such              The Contractor shall take such action with respect to
territory), for liquidated damages. Such liquidated               any subcontract as the Secretary of Housing and
damages shall be computed with respect to each                    Urban Development or the Secretary of Labor shall
individual laborer or mechanic, including watchmen                direct as a means of enforcing such provisions.
and guards, employed in violation of the clause set
                                                                                                     form HUD-4010 (07/2003)
forth in subparagraph (1) of this paragraph, in the                                                       ref. Handbook 1344.1
sum of $10 for each calendar day on which such                                                       Previous edition is obsolete
individual was required or permitted to work in
excess of the standard workweek of 40 hours without
payment of the overtime wages required by the
clause set forth in sub paragraph (1) of this
paragraph.

(3) Withholding for unpaid wages and liquidated
damages.
HUD or its designee shall upon its own action or
upon written request of an authorized representative
of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of
work performed by the contractor or subcontractor
under any such contract or any other Federal contract
with the same prime contract, or any other Federally-
assisted contract subject to the Contract Work Hours
and Safety Standards Act which is held by the same
prime contractor such sums as may be determined to
be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth
in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor
shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and

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                                                            112
                                                               are applicable to construction work. The part details
                                                               the obligation of contractors and subcontractors
        TITLE 29—LABOR                                         relative to the weekly submission of statements
                                                               regarding the wages paid on work covered thereby;
SUBTITLE A—OFFICE OF THE SECRETARY OF                          sets forth the circumstances and procedures
LABOR                                                          governing the making of payroll deductions from the
                                                               wages of those employed on such work; and
                                                               delineates the methods of payment permissible on
 PART 3—Contractors and Subcontractors on Public               such work.
  Building or Public Work Financed In Whole or In
   Part by Loans or Grants from the United States              Section 3.2 Definitions.
Sec.                                                           As used in the regulations in this part:
3.1 Purpose and scope.                                            (a) The terms “building” or “work” generally
3.2 Definitions.                                               include construction activity as distinguished from
3.3 Weekly statement with respect to payment of                manufacturing, furnishing of materials, or servicing
      wages.                                                   and maintenance work. The terms include, without
3.4 Submission of weekly statements and the                    limitation, buildings, structures, and improvements of
      preservation and inspection of weekly payroll            all types, such as bridges, dams, plants, highways,
      records.                                                 parkways, streets, subways, tunnels, sewers, mains,
3.5 Payroll deductions permissible without                     powerlines, pumping stations, railways, airports,
      application to or approval of the Secretary of           terminals, docks, piers, wharves, ways, lighthouses,
      Labor.                                                   buoys, jetties, breakwaters, levees, and canals;
3.6 Payroll deductions permissible with the                    dredging, shoring, scaffolding, drilling, blasting,
      approval of the Secretary of Labor.                      excavating, clearing, and landscaping. Unless
     3.7 Applications for the approval of the                  conducted in connection with and at the site of such a
     Secretary of Labor.                                       building or work as is described in the foregoing
                                                               sentence, the manufacture or furnishing of
    3.8 Action by the Secretary of Labor upon
                                                               materials,articles, supplies, or equipment (whether or
    applications.
                                                               not a Federal or State agency acquires title to such
3.9 Prohibited payroll deductions.                             materials, articles, supplies, or equipment during the
3.10 Methods of payment of wages.                              course of the manufacture or furnishing, or owns the
3.11 Regulations part of contract.                             materials from which they are manufactured or
                                                               furnished) is not a “building” or “work” within the
        AUTHORITY: R.S. 161, sec. 2, 48 Stat.                  meaning of the regulations in this part.
848; Reorg. Plan No. 14, of 1950, 64 Stat. 1267; 5                (b) The terms “construction,” “prosecution,”
U.S.C. 301; 40 U.S.C. 276c.                                    “completion,” or “repair” mean all types of work
        SOURCE: 29 FR 97, Jan. 4, 1964, unless                 done on a particular building or work at the site
otherwise noted.                                               thereof, including, without limitation, altering,
                                                               remodeling, painting and decorating, the transporting
Section 3.1 Purpose and Scope.                                 of materials and supplies to or from the building or
This part prescribes “anti-kickback” regulations               work by the employees of the construction contractor
under section 2 of the Act of June 13, 1934, as                or construction subcontractor, and the manufacturing
amended (40 U.S.C. 276c), popularly known as the               or furnishing of materials, articles, supplies, or
Copeland Act. This part applies to any contract                equipment on the site of the building or work, by
which is subject to Federal wage standards and which           persons employed at the site by the contractor or
is for the construction, prosecution, completion, or           subcontractor.
repair of public buildings, public works or buildings             (c) The terms “public building” or “public work”
or works financed in whole or in part by loans or              include building or work for whose construction,
grants from the United States. The part is intended to         prosecution, completion, or repair, as defined above,
aid in the enforcement of the minimum wage                     a Federal agency is a contracting party, regardless of
provisions of the Davis-Bacon Act and the various              whether title thereof is in a Federal agency.
statutes dealing with Federally assisted construction             (d) The term “building or work financed in whole
that contain similar minimum wage provisions,                  or in part by loans or grants from the United States”
including those provisions which are not subject to            includes building or work for whose construction,
Reorganization Plan No. 14 (e.g., the College                  prosecution, completion, or repair, as defined above,
Housing Act of 1950, the Federal Water Pollution               payment or part payment is made directly or
Control Act, and the Housing Act of 1959), and in              indirectly from funds provided by loans or grants by
the enforcement of the overtime provisions of the              a Federal agency. The term includes building or work
Contract Work Hours Standards Act whenever they

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                                                         113
for which the Federal assistance granted is in the                  (c) The requirements of this section shall not apply
form of loan guarantees or insurance.                            to any contract of $2,000 or less.
   (e) Every person paid by a contractor or                         (d) Upon a written finding by the head of a Federal
subcontractor in any manner for his labor in the                 agency, the Secretary of Labor may provide
construction, prosecution, completion, or repair of a            reasonable limitations, variations, tolerances, and
public building or public work or building or work               exemptions from the requirements of this section
financed in whole or in part by loans or grants from             subject to such conditions as the Secretary of Labor
the United States is “employed” and receiving                    may specify.
“wages,” regardless of any contractual relationship              [29 FR 97, Jan. 4, 1964, as amended at 33 FR 10186,
alleged to exist between him and the real employer.              July 17, 1968]
   (f) The term “any affiliated person” includes a
spouse, child, parent, or other close relative of the            Section 3.4 Submission of weekly statements
contractor or subcontractor; a partner or officer of the         and the preservation and inspection of weekly
contractor or subcontractor; a corporation closely               payroll records.
connected with the contractor or subcontractor as
parent, subsidiary, or otherwise, and an officer or                 (a) Each weekly statement required under
agent of such corporation.                                       Sec. 3.3 shall be delivered by the contractor
   (g) The term “Federal agency” means the United                or subcontractor, within seven days after the
States, the District of Columbia, and all executive              regular payment date of the payroll period, to
departments, independent establishments,                         a representative of a Federal or
administrative agencies, and instrumentalities of the            State agency in charge at the site of the
United States and of the District of Columbia,                   building or work, or, if there is no
including corporations, all or substantially all of the          representative of a Federal or State agency at
stock of which is beneficially owned by the United               the site of the building or work, the statement
States, by the District of Columbia, or any of the               shall be mailed by the contractor or
foregoing departments, establishments, agencies, and             subcontractor, within such time, to a Federal
instrumentalities.                                               or State agency contracting for or financing
[29 FR 97, Jan. 4, 1964, as amended at 38 FR 32575,              the building or work. After such examination
Nov. 27, 1973]                                                   and check as may be made, such statement, or
                                                                 a copy thereof, shall be kept available, or
Section 3.3 Weekly statement with respect to                     shall be transmitted together with a report of
payment of wages.                                                any violation, in accordance with applicable
                                                                 procedures prescribed by the United States
   (a) As used in this section, the term                         Department of Labor.
“employee” shall not apply to persons in                            (b) Each contractor or subcontractor shall preserve
classifications higher than that of laborer                      his weekly payroll records for a period of three years
or mechanic and those who are the                                from date of completion of the contract. The payroll
immediate supervisors of such                                    records shall set out accurately and completely the
employees.                                                       name and address of each laborer and mechanic, his
   (b) Each contractor or subcontractor engaged in               correct classification, rate of pay, daily and weekly
the construction, prosecution, completion, or repair             number of hours worked, deductions made, and
of any public building or public work, or building or            actual wages paid. Such payroll records shall be
work financed in whole or in part by loans or grants             made available at all times for inspection by the
from the United States, shall furnish each week a                contracting officer or his authorized representative,
statement with respect to the wages paid each of its             and by authorized representatives of the Department
employees engaged on work covered by this part 3                 of Labor.
and part 5 of this chapter during the preceding
weekly payroll period. This statement shall be                   Section 3.5 Payroll deductions permissible
executed by the contractor or subcontractor or by an             without application to or approval of the
authorized officer or employee of the contractor or              Secretary of Labor.
subcontractor who supervises the payment of wages,               Deductions made under the circumstances or in the
and shall be on form WH 348, ``Statement of                      situations described in the paragraphs of this section
Compliance'', or on an identical form on the back of             may be made without application to and approval of
WH 347, “Payroll (For Contractors Optional Use)”                 the Secretary of Labor:
or on any form with identical wording. Sample                       (a) Any deduction made in compliance with the
copies of WH 347 and WH 348 may be obtained                      requirements of Federal, State, or local law, such as
from the Government contracting or sponsoring                    Federal or State withholding income taxes and
agency, and copies of these forms may be purchased               Federal social security taxes.
at the Government Printing Office.                                  (b) Any deduction of sums previously paid to the
                                                                 employee as a bona fide prepayment of wages when
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                                                           114
such prepayment is made without discount or                      special assessments: Provided, however, That a
interest. A “bona fide prepayment of wages” is                   collective bargaining agreement between the
considered to have been made only when cash or its               contractor or subcontractor and representatives of its
equivalent has been advanced to the person employed              employees provides for such deductions and the
in such manner as to give him complete freedom of                deductions are not otherwise prohibited by law.
disposition of the advanced funds.                                  (j) Any deduction not more than for the
   (c) Any deduction of amounts required by court                ``reasonable cost'' of
process to be paid to another, unless the deduction is           board, lodging, or other facilities meeting the
in favor of the contractor, subcontractor, or any                requirements of section 3(m) of the Fair Labor
affiliated person, or when collusion or collaboration            Standards Act of 1938, as amended, and part 531
exists.                                                          of this title. When such a deduction is made the
   (d) Any deduction constituting a contribution on              additional records required under Sec. 516.25(a) of
behalf of the person employed to funds established               this title shall be kept.
by the employer or representatives of employees, or                 (k) Any deduction for the cost of safety equipment
both, for the purpose of providing either from                   of nominal value purchased by the employee as his
principal or income, or both, medical or hospital care,          own property for his personal protection in his work,
pensions or annuities on retirement, death benefits,             such as safety shoes, safety glasses, safety gloves,
compensation for injuries, illness, accidents,                   and hard hats, if such equipment is not required by
sickness, or disability, or for insurance to provide any         law to be furnished by the employer, if such
of the foregoing, or unemployment benefits, vacation             deduction is not violative of the Fair Labor Standards
pay, savings                                                     Act or prohibited by other law, if the cost on which
accounts, or similar payments for the benefit of                 the deduction is based does not exceed the actual cost
employees, their families and dependents: Provided,              to the employer where the equipment is purchased
however, That the following standards                            from him and does not include any direct or indirect
are met:                                                         monetary return to the employer where the
   (1) The deduction is not otherwise prohibited by              equipment is purchased from a third person, and if
law;                                                             the deduction is either
   (2) It is either:                                                (1) Voluntarily consented to by the employee in
   (i) Voluntarily consented to by the                           writing and in advance of the period in which the
employee in writing and in advance of the                        work is to be done and such consent is not a
period in which the work is to be done and                       condition either for the obtaining of employment or
such consent is not a condition either for the                   its continuance; or
obtaining of or for the continuation of                             (2) Provided for in a bona fide collective
employment, or                                                   bargaining agreement between the contractor or
   (ii) provided for in a bona fide collective                   subcontractor and representatives of its
bargaining agreement between the contractor or                   employees.
subcontractor and representatives of its employees;              [36 FR 9770, May 28, 1971]
   (3) No profit or other benefit is otherwise
obtained, directly or indirectly, by the contractor or           Section 3.6   Payroll deductions permissible with
subcontractor or any affiliated person in the form of            the approval of the Secretary of Labor.
commission, dividend, or otherwise; and
   (4) The deductions shall serve the convenience and            Any contractor or subcontractor may apply to the
interest of the employee.                                        Secretary of Labor for permission to make any
   (e) Any deduction contributing toward the                     deduction not permitted under Sec. 3.5. The
purchase of United States Defense Stamps and Bonds               Secretary may grant permission whenever he finds
when voluntarily authorized by the employee.                     that:
   (f) Any deduction requested by the employee to                   (a) The contractor, subcontractor, or any affiliated
enable him to repay loans to or to purchase shares in            person does not make a profit or benefit directly or
credit unions organized and operated in accordance               indirectly from the deduction either in the form of a
with Federal and State credit union statutes.                    commission, dividend, or otherwise;
   (g) Any deduction voluntarily authorized by the                  (b) The deduction is not otherwise prohibited by
employee for the making of contributions to                      law;
governmental or quasi-governmental agencies,                        (c) The deduction is either (1) voluntarily
such as the American Red Cross.                                  consented to by the employee in writing and in
   (h) Any deduction voluntarily authorized by the               advance of the period in which the work is to be done
employee for the making of contributions to                      and such consent is not a condition either for the
Community Chests, United Givers Funds, and similar               obtaining of employment or its continuance, or (2)
charitable organizations.                                        provided for in a bona fide collective bargaining
   (i) Any deductions to pay regular union initiation            agreement between the contractor or subcontractor
fees and membership dues, not including fines or                 and representatives of its employees; and

              Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                           115
   (d) The deduction serves the convenience and                  transmitted and the affiliation of such person, if any,
interest of the employee.                                        with the applicant.

                                                                 Section 3.8 Action by the Secretary of Labor
Section 3.7 Applications for the approval of the                 upon applications.
Secretary of Labor.
                                                                 The Secretary of Labor shall decide whether or not
Any application for the making of payroll deductions             the requested deduction is permissible under
under Sec. 3.6 shall comply with the requirements                provisions of Sec. 3.6; and shall notify the applicant
prescribed in the following paragraphs of this                   in writing of his decision.
section:
   (a) The application shall be in writing and shall be          Section 3.9    Prohibited payroll deductions.
addressed to the Secretary of Labor.
   (b) The application need not identify the contract            Deductions not elsewhere provided for by this part
or contracts under which the work in question is to be           and which are not found to be permissible under Sec.
performed. Permission will be given for deductions               3.6 are prohibited.
on all current and future contracts of the applicant for
a period of 1 year. A renewal of permission to make              Section 3.10    Methods of payment of wages.
such payroll deduction will be granted upon the
submission of an application which makes reference               The payment of wages shall be by cash,
to the original application, recites the date of the             negotiable instruments payable on demand, or
Secretary of Labor's approval of such deductions,                the additional forms of compensation for
states affirmatively that there is continued                     which deductions are permissible under this
compliance with the standards set forth in the                   part. No other methods of payment shall be
provisions of Sec. 3.6, and specifies any conditions             recognized on work subject to the Copeland
which have changed in regard to the payroll                      Act.
deductions.
[36 FR 9770, May 28, 1971]                                       Section 3.11    Regulations part of contract.
   (c) The application shall state affirmatively that            All contracts made with respect to the
there is compliance with the standards set forth in the          construction, prosecution, completion, or
provisions of Sec. 3.6. The affirmation shall be                 repair of any public building or public work
accompanied by a full statement of the facts                     or building or work financed in whole or in
indicating such compliance.                                      part by loans or grants from the United States
   (d) The application shall include a description of            covered by the regulations in this part shall
the proposed deduction, the purpose to be served                 expressly bind the contractor or subcontractor
thereby, and the classes of laborers or mechanics                to comply with such of the regulations in this
from whose wages the proposed deduction would be                 part as may be applicable. In this regard, see
made.                                                            Sec. 5.5(a) of this subtitle.
   (e) The application shall state the name and
business of any third person to whom any funds
obtained from the proposed deductions are to be




              Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                           116
   WAGE RATE AND EQUAL EMPLOYMENT OPPORTUNITY POSTINGS

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

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

Contractors are required to post Equal Employment Opportunity posters (reduced copies
included, full size reproductions supplied at the preconstruction conference) in a prominent place
at the work site or in their office allowing employees to read the material easily.




           Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                      117
             Equal Employment Opportunity is

Employers Holding Federal Contracts
                                          THE LAW
                                               Private Employment, State and Local           The      U.S.    Equal    Employment
or Subcontracts                                Governments, Educational Institutions         Opportunity Commission (EEOC), 1801
                                                                                             L Street, N.W., Washington, D.C. 20507
                                               Applicants to and employees of most           or an EEOC field office by calling toll
Applicants to and employees of                 private employers, state and local            free (800) 669-4000. For individuals
companies with a Federal government            governments, educational institutions,        with hearing impairments, EEOC’s toll
contract or subcontract are protected          employment     agencies    and   labor        free TDD number is (800) 669-6820.
under the following Federal authorities:       organizations are protected under the
                                               following Federal laws:
RACE, COLOR, RELIGION, SEX,                                                                  Programs or Activities Receiving
NATIONAL ORIGIN                                RACE, COLOR, RELIGION, SEX,                   Federal Financial Assistance
                                               NATIONAL ORIGIN
Executive Order 11246, as amended,             Title VII of the Civil Rights Act of
prohibits job discrimination on the            1964, as amended, prohibits                   RACE, COLOR, RELIGION, SEX,
basis of race, color, religion, sex or         discrimination        in       hiring,        NATIONAL ORIGIN
national origin, and requires affirma-         promotion, discharge, pay, fringe             In addition to the protection of Title VII
tive action to ensure equality of              benefits,        job         training,        of the Civil Rights Act of 1964, as
opportunity in all aspects of                  classification, referral, and other           amended, Title VI of the Civil Rights
employment.                                    aspects of employment, on the                 Act prohibits discrimination on the
                                               basis of race, color, religion, sex or        basis of race, color or national origin in
INDIVIDUALS WITH                               national origin.                              programs or activities receiving Federal
DISABILITIES                                                                                 financial    assistance.     Employment
Section 503 of the Rehabilitation Act of                                                     discrimination is covered by Title VI if
1973, as amended, prohibits job                DISABILITY                                    the primary objective of the financial
discrimination because of disability and                                                     assistance is provision of employment,
requires affirmative action to employ          The Americans with Disabilities Act of        or where employment discrimination
and advance in employment qualified            1990, as amended, protects qualified          causes or may cause discrimination in
individuals with disabilities who, with        applicants      and    employees      with    providing services under such pro-
reasonable accommodation, can perform          disabilities from discrimination in hiring,   grams. Title IX of the Education
the essential functions of a job.              promotion, discharge, pay, job training,      Amendments of 1972 prohibits
                                               fringe benefits, classification, referral,    employment discrimination on the basis
VIETNAM ERA, SPECIAL                           and other aspects of employment on the        of sex in educational programs or
DISABLED, RECENTLY                             basis of disability. The law also requires    activities which receive Federal
SEPARATED, AND OTHER                           that covered entities provide qualified       assistance.
PROTECTED VETERANS                             applicants      and    employees      with
38 U.S.C. 4212 of the Vietnam Era              disabilities        with       reasonable     INDIVIDUALS WITH
Veterans’ Readjustment Assistance Act          accommodations that do not impose             DISABILITIES
of 1974, as amended, prohibits job             undue hardship.                               Sections 501, 504 and 505 of the
discrimination and requires affirmative                                                      Rehabilitation Act of 1973, as amended,
action to employ and advance in                                                              prohibits employment discrimination on
                                               AGE                                           the basis of disability in any program or
employment qualified Vietnam era
veterans, qualified special disabled           The Age Discrimination in Employment          activity which receives Federal financial
veterans, recently separated veterans,         Act of 1967, as amended, protects             assistance in the federal government.
and other protected veterans.                  applicants and employees 40 years of          Discrimination is prohibited in all
                                               age or older from discrimination on the       aspects of employment against persons
Any person who believes a contractor           basis of age in hiring, promotion,            with disabilities who, with reasonable
has violated its nondiscrimination or          discharge,      compensation,     terms,      accommodation, can perform the
affirmative action obligations under the       conditions or privileges of employment.       essential functions of a job.
authorities above should contact
immediately:                                   SEX (WAGES)                                   If you believe you have been
                                               In addition to sex discrimination             discriminated against in a program of
The Office of Federal Contract                 prohibited by Title VII of the Civil          any institution which receives Federal
Compliance         Programs       (OFCCP),     Rights Act of 1964, as amended (see           assistance, you should contact
Employment Standards Admin-istration,          above), the Equal Pay Act of 1963, as         immediately the Federal agency
U.S. Department of Labor,                      amended, prohibits sex discrimination in      providing such assistance.
200 Constitution Avenue, N.W.,                 payment of wages to women and men
Washington, D.C. 20210 or call                 performing substantially equal work in
(202) 693-0101, or an OFCCP regional           the same establishment.
or district office, listed in most telephone
directories under U.S. Government,             Retaliation against a person who files a
Department of Labor.                           charge of discrimination, participates in
                                               an investigation, or opposes an unlawful
                                               employment practice is prohibited by all
                                               of these Federal laws.



                  Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                  118
Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                           119
Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                           120
                              FAIR EMPLOYMENT LAW
    The Fair Employment Law declares that it is illegal to discriminate on the basis of race, color, religious
                 creed, national origin, sex, sexual orientation, age, ancestry or disability.

    IT IS UNLAWFUL:                                              •   to require an employee to remain at work during
                                                                     any day or part thereof that s/he observes as a
•   to print or circulate any advertisement or use any               religious holiday provided that the employee
    application form which directly or indirectly                    gives a ten-day notice and the absence does not
    specifies any limitation on the basis of race,                   cause undue hardship to the employer.
    color, religious creed, national origin, sex, sexual
    orientation, age, ancestry, or disability.                   •   to discharge or refuse to hire any person because
                                                                     of their failure to furnish information concerning
•   to discharge or refuse to hire any individual on                 admission to a center for the treatment of
    the basis of their race, color, religious creed,                 mentally ill persons.
    national origin, sex, sexual orientation, age,
    ancestry, or disability.                                     •   to discriminate against a job applicant for failure
                                                                     to furnish information, written or oral,
•   to discriminate against any individual in matters                concerning: A) an arrest, detention or disposition
    relating to compensation, terms, conditions, or                  regarding a violation of law in which no
    privileges of employment because of their race,                  conviction resulted; B) a first conviction in any
    color, religious creed, national origin, sex, sexual             of the following misdemeanors: driving under
    orientation, age, ancestry, or disability.                       the influence, simple assault, speeding, minor
•   to require a woman to leave her job at some                      traffic violations, disturbance of the peace; or C)
    arbitrary stage in her pregnancy or to refuse to                 conviction for a misdemeanor where the date of
    let her return to work until a specified time set                the conviction or end of period of incarceration,
    by the employer.                                                 if any, occurred more than five years prior to the
                                                                     employment application, and the applicant has
•   to refuse to grant a female employee at least                    not been convicted of any offense within the five
    eight weeks leave for purposes of childbirth or to               years immediately before the date of application.
    treat her absence differently than any other
    absence due to disability.




              Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                           121
                                                  RETALIATION
It is illegal to retaliate against any person because s/he has opposed any practices forbidden under this Chapter or
because s/he has filed a complaint, testified, or assisted in any proceeding before the Commission. It is also illegal
to aid, abet, incite, compel or coerce the doings of any of the acts forbidden under this Chapter or to attempt to do
so.

                                              SEXUAL HARASSMENT
151b:1,18 The term “sexual harassment” shall mean sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is
made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions: (b)
such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work
performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

                                                  COMPLAINTS
All complaints must be filed in writing. Information on the filing of complaints can be obtained by contacting the
MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION at the following locations:
                           Boston office:            Springfield office:
                           One Ashburton Place 4         36 Dwight Street
                           Room 601               Suite 315
                           Boston, MA 02108              Springfield, MA 1103
                           (617) 727-3990            (413) 739-2145

                    THE MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
                   Section 7 of M.G. L. c151B MANDATES THE POSTING OF THIS NOTICE




              Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                          122
                                Newton Community Development Program
                              LABOR COMPLIANCE/PREVAILING WAGES
                                            PROJECT #: 02-3A
                                       Project Name: West Newton
                                                  As of 6/13/03

                                              WAGE SUMMARY
                                                     (Building)

                          Job Classification         Federal Wage Rate and Fringes
                          Bricklayers, Cement Masons & Plasterers $29.79 + $14.89
                          Carpenters            $27.75 + $11.91
                          Electricians          $34.44 + $15.66
                          Elevator Mechanics            $36.63 + $7.46 + A
                          Glaziers              $24.16 + $10.82
                          Hazardous Materials Handler       $19.40 + $8.30
                          Insulators/Asbestos Workers      $31.76 + $11.85
                          Ironworkers           $28.25 + $16.25
                          Laborers:
                            Group 1             $21.80 + $8.20
                            Group 2             $22.05 + $8.20
                            Group 3             $22.55 + $8.20
                            Group 4             $22.80 + $8.20
                            Group 5             $22.55 + $8.20
                            Group 6             $23.80 + $8.20
                          Marble, Tile & Terrazzo Workers      $30.10 + $13.72
                          Marble & Tile Finishers          $23.88 + $13.55
                          Painters:
                            New Construction
                            Brush, Taper        $25.16 + $12.27
                            Spray, Sandblast         $26.16 + $12.27
                            Repaint
                            Brush, Taper        $23.22 + $12.27
                            Spray, Sandblast         $24.22 + $12.27
                          Piledriverman              $27.88 + $13.45
                          Plasterer Tenders             $20.85 + $8.60
                          Plumbers              $36.22 + $12.73
                          Power Equipment Operators:
                            Group 1             $31.12 + $12.30 + A
                            Group 2             $22.05 + $8.20
                            Group 3             $22.55 + $8.20
                            Group 4             $22.80 + $8.20
                            Group 5             $22.55 + $8.20
                            Group 6             $23.80 + $8.20
                          Roofers               $23.46 + $11.15
                          Soft Floor Layers             $31.83 + $12.87
                          Teledata Systems Installers      $24.15 + $13.74

This is a SAMPLING of job classifications and corresponding wage rates for your project. A full listing of
classifications, rates, and details is contained herein.

When using a combination of funds from federal, state, and/or local sources, the HIGHER of the Federal or State
Wage will prevail when calculating minimum rates for employees.




             Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                        123
GENERAL DECISION: MA20030001 MA1

Date: June 13, 2003
General Decision Number: MA20030001

Superseded General Decision No. MA020001

State: Massachusetts

Construction Type:
BUILDING

County(ies):
BARNSTABLE      ESSEX                          NORFOLK
BRISTOL      MIDDLESEX                         SUFFOLK
DUKES        NANTUCKET

BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories)

Modification Number Publication Date
     0        06/13/2003

COUNTY(ies):
BARNSTABLE      ESSEX                         NORFOLK
BRISTOL      MIDDLESEX                        SUFFOLK
DUKES        NANTUCKET

ASBE0006A 09/01/2002
                  Rates       Fringes
BARNSTABLE (Except Barnstable, Bourne, Falmouth, Mashpee,
Sandwich); BRISTOL (Easton); ESSEX; SUFFOLK; MIDDLESEX; AND
NORFOLK (Except Bellingham, Franklin, Plainville, Wrentham)
COUNTIES

INSULATORS/ASBESTOS WORKERS
 Includes the application of all
 insulating materials, protective
 coverings, coatings, and finishes
 to all types of mechanical systems 31.76                 11.85
----------------------------------------------------------------

ASBE0006B 06/01/2002
                       Rates     Fringes
BARNSTABLE (Except Barnstable, Bourne, Falmouth, Mashpee,
Sandwich), ESSEX, MIDDLESEX, NORFOLK (Except Bellingham,
Franklin, Plainville, Wrentham), AND SUFFOLK COUNTIES

HAZARDOUS MATERIAL HANDLER:
 Includes preparation, wetting,
 stripping, removal, scrapping,
 vacuuming, bagging and disposing
 of all insulation materials from
 mechanical systems whether they
 contain asbestos or not               19.40          8.30
----------------------------------------------------------------

ASBE0031E 09/01/2000
                 Rates                  Fringes

                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   124
BARNSTABLE (Townships of Barnstable, Bourne, Falmouth, Mashpee
and Sandwich), BRISTOL (Except Easton) & NORFOLK (Bellingham,
Franklin, Plainville & Wrentham) DUKES & NANTUCKET COUNTIES

INSULATOR/ASBESTOS WORKER
 Includes the application of all
 insulating materials, protective
 coverings, coatings, and finishes
 to all tyes of mechanical systems 23.63                 10.16
----------------------------------------------------------------

ASBE0201A 07/01/2002
                     Rates        Fringes
BARNSTABLE (Barnstable, Bourne, Falmouth, Mashpee, Sandwich);
BRISTOL (Except Easton); DUKES, NANTUCKET, NORFOLK (Townships of
Bellingham, Franklin, Plainville and Wrentham); PLYMOUTH

(Townships of Lakeville, Mattapoisett, Middleboro, Rocherster and
Wareham)

 HAZARDOUS MATERIAL HANDLER
  Includes preparation, wetting,
  stripping, removal, scrapping,
  vacuuming, bagging and disposing
  of all insulation materials from
  mechanical systems, whether they
  contain asbestos or not              17.10          8.25
----------------------------------------------------------------

BOIL0029A 10/01/2002
                 Rates                  Fringes
BOILERMAKER                              29.015          5.14+37%

----------------------------------------------------------------

BRMA0001H 03/01/2002
               Rates                    Fringes
FOXBORO CHAPTER

BRISTOL (Attleboro, Berkley, Dighton, Mansfield, North
Attleboro,Norton, Raynham, Rehoboth, Seekonk, Taunton) AND
NORFOLK (Bellingham, Canton, Dedham, Foxboro, Franklin,
Norfolk, Norwood, Plainville, Sharon, Walpole, Westrwood,
Wrentham) COUNTIES

BRICKLAYERS, CEMENT MASONS,
 and PLASTERERS                           28.99         15.32
----------------------------------------------------------------

BRMA0001I 03/01/2002
                Rates                   Fringes
LOWELL CHAPTER

MIDDLESEX (Acton, Asby, Ayer, Bedford, Billerica, Boxboro,
Carlisle, Chemsford, Dracut, Dunstble, Ft. Denvens, Groton,
Littleton, Lowell, North Acton, Pepperell, Shirley, South Acton,
Tewksbury, Townsend, Tyngsboro, West ACton, Westford,
Wilmington)

BRICKLAYTERS & PLASTERERS                             28.99         15.32

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                                                                   125
----------------------------------------------------------------

BRMA0001J 03/01/2002
                Rates                   Fringes
LOWELL CHAPTER

MIDDLESEX (Ashland, Framingham, Holliston, Hopkinton, Hudson,
Maynard, Natick, Sherbvorn, Stow); and NORFOLK (Medfield,
Medway,Millis)

BRICKLAYERS                              28.99          15.32
----------------------------------------------------------------

BRMA0003A 03/01/2002
                Rates   Fringes
MARBLE, TILE & TERRAZZO WORKERS                             30.10            13.72

TERRAZZO FINISHERS                            33.88           8.67

MARBLE & TILE FINISHERS                           23.88          13.55
----------------------------------------------------------------

BRMA0003C 03/01/2002
                Rates                   Fringes
BOSTON CHAPTER

MIDDLESEX (Arlington, Cambridge, Everett, Malden, Medford,
Melrose, Somerville); NORFOLK (Brookline, Milton); and SUFFOLK

 BRICKLAYERS                             30.69         13.99
----------------------------------------------------------------

BRMA0003F 03/01/2002
                Rates                   Fringes
LYNN CHAPTER

ESSEX (Amesbury, Andover, Beverly, Boxford, Danvers, Essex,
Georgetown, Gloucester, Groveland, Hamilton, Haverhill,
Ipsewich, Lawrence, Lynn, Lynnfield, Manchester, Marblehead,
Merrimac, Methuen, Middleton, Nahant, Newbury, Newburyport,
North Andover, Peabody, Rockport, Rowley, Salisbury, Salem,
Saugus, Swampscott, Topsfield Wakefield, Wenham, West Newbury);
and MIDDLESEX (Reading, North Reading, Wakefield)

BRICKLAYERS, CEMENT MASONS,
 and PLASTERERS                           30.59         14.09
----------------------------------------------------------------

BRMA0003G 03/01/2002
               Rates                    Fringes
WALTHAM CHAPTER

MIDDLESEX (Belmont, Burlington, Concord, Lexington, Lincoln,
Stoneham, Sudbury, Waltham, Watertown, Wayland, Weston,
Winchester, Woburn)

BRICKLAYERS & PLASTERERS                              29.29          15.39
----------------------------------------------------------------

BRMA0003H 03/01/2002

                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                     126
             Rates                      Fringes
NEWTON CHAPTER

MIDDLESEX (Newton) and NORFOLK (Dover, Needham, Wellesley)

BRICKLAYERS, CEMENT MASONS,
 and PLASTERERS                           29.79         14.89
----------------------------------------------------------------

BRMA0003I 03/01/2002
                Rates                   Fringes
NEW BEDFORD

BARNSTABLE; BRISTOL (Acushnet, Darmouth, Farhaven, Fall River,
Freetown, New Bedford, Somerset, Swansea, Westport); DUKES; and
NANTUCKET COUNTIES

BRICKLAYERS, CEMENT MASONS,
 and PLASTERERS                           30.59         14.09
----------------------------------------------------------------

BRMA0003J 03/01/2002
                Rates                   Fringes
QUINCY CHAPTER

NORFOLK COUNTY (Avon, Braintree, Cohasset, Holbrook, Quincy,
Randolph, Soughton, Weymouth)

BRICKLAYERS, CEMENT MASONS,
 and PLASTERERS                           29.29         15.39
----------------------------------------------------------------

 CARP0026A 04/01/2003
                    Rates      Fringes
BRISTOL (Attleborough, North Attleborough); ESSEX; MIDDLESEX
(Except Belmont, Cambridge, Everett, Malden, Medford,
Somerville); AND NORFOLK (Bellingham, Canton, Foxboro, Franklin,
Medfield, Medway, Millis, Needham, Norfolk, Norwood, Plainville,
Sharon, Walpole, Wellesley, Westwood, Wrentham)

 CARPENTERS                             27.75         11.91
----------------------------------------------------------------

CARP0033A 04/01/2003
                  Rates      Fringes
MIDDLESEX (Belmont, Cambridge, Everett, Malden, Medford,
Somerville); NORFOLK (Brookline, Dedham, Milton); and SUFFOLK

 CARPENTERS                             31.99         13.39
----------------------------------------------------------------

CARP0056K 08/01/2002
                     Rates      Fringes
SUFFOLK (All of County); and those areas of BARNSTABLE, BRISTOL,
ESSEX, MIDDLESEX & NORFOLK COUNTIES situated inside Boston
Beltway (I-495) and North of Cape Cod Canal

 PILEDRIVERMEN                             27.88         13.45
----------------------------------------------------------------


                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   127
CARP0056L 08/01/2001
                     Rates      Fringes
All of DUKES and NANTUCKET COUNTIES; and those areas of
BARNSTABLE, BRISTOL, and NORFOLK COUNTIES situated OUTSIDE Boston
Beltway (I-495) and South of Cape Cod Canal

 PILEDRIVERMEN                             24.11         13.45
----------------------------------------------------------------

CARP0056M 08/01/2001
                    Rates    Fringes
Those areas of ESSEX and MIDDLESEX COUNTIES situated OUTSIDE
Boston Beltway (I-495)

 PILEDRIVERMEN                             24.90         13.45
----------------------------------------------------------------

CARP0424C 04/01/2003
                Rates    Fringes
NORFOLK COUNTY (Braintree, Cohassett, Scituate, Weymouth, Quincy)

 CARPENTERS                             27.75         11.91

----------------------------------------------------------------

CARP0624E 04/01/2003
                 Rates  Fringes
BARNSTABLE; BRISTOL (Except Attleboro & North Attleboro); DUKES;
NANTUCKET; AND NORFOLK (Avon, Holbrook, Randolph, Stoughton)
COUNTIES

 CARPENTERS                             27.75         11.91
----------------------------------------------------------------

 CARP1121A 04/01/2001
                          Rates         Fringes
MILLWRIGHTS                              25.08         13.16
----------------------------------------------------------------

CARP2168A 04/01/2003
                  Rates      Fringes
MIDDLESEX (Belmont, Cambridge, Everett, Malden, Medford,
Somerville); NORFOLK (Brookline, Dedham, Milton); and SUFFOLK

 SOFT FLOOR LAYERS                            31.83         12.87
----------------------------------------------------------------

CARP2168E 04/01/2003
                   Rates       Fringes
BRISTOL; ESSEX; MIDDLESEX (Except Belmont, Cambridge, Everett,
Malden, Medford, Somerville);Remainder of Norfolk County

 SOFT FLOOR LAYERS                            31.83         12.87
----------------------------------------------------------------

CARP2168F 04/01/2003
                 Rates Fringes
BARNSTABALE; DUKES; AND NANTUCKET

SOFT FLOOR LAYERS                            29.02          12.87

                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                    128
----------------------------------------------------------------

ELEC0096A 03/01/2003
                    Rates       Fringes
MIDDLESEX (Ashby, Ashland, Ayer, Ft. Devens, Groton, Hopkinton,
Hudson, Marlboro, Pepperell, Shirley, Stow, Townsend)

  ELECTRICIAN                           29.78          11.44
  TELEDATA SYSTEM INSTALLERS                            20.20            8.75
----------------------------------------------------------------

ELEC0099A 06/01/2001
                   Rates       Fringes
BRISTOL (Attleboro, North Attleboro, Seekonk)

 ELECTRICIANS                            24.91          44%
 TELEDATE SYSTEM INSTALLERS                            18.85         4.44+17%
----------------------------------------------------------------

ELEC0103A 09/01/2002
                    Rates     Fringes
ESSEX; MIDDLESEX (Excluding Ashby, Ashland, Ayer, Ft. Devens,
Groton, Hopkinton, Hudson, Marlboro, Pepperell, Shirley, Stow,
Townsend); NORFOLK (Excluding Avon, Holbrook, Plainville,
Randolph, Stoughton) SUFFOLK

 TELEDATA SYSTEMS INSTALLERS                             24.15      13.74
----------------------------------------------------------------

 ELEC0103B 03/01/2003
                       Rates     Fringes
ESSEX (Amesbury, Andover, Boxford, Georgetown, Groveland,
Haverhill, Lawrence, Merrimac, Methuen, Newbury, Newburyport,
North Andover, Rowley, Salisbury, West Newbury); MIDDLESEX
(Bedford, Billerica, Boxboro, Burlington, Carlisle, Chelmsford,
Dracut, Dunstable littleton, Lowell, North Reading, Tewksbury,
Tyngsboro, Westford, Wilmington)

 ELECTRICIANS                            34.44          15.66
----------------------------------------------------------------

ELEC0103D 03/01/2003
                    Rates      Fringes
ESSEX (Beverly, Danvers, Essex, Gloucester, Hamilton, Ipswich,
Manchester, Marblehead, Middleton, Peabody, Rockport, Salem,
Topsfield, Wenham)

 ELECTRICIANS                            34.44          15.66
----------------------------------------------------------------

 ELEC0103E 03/01/2003
                     Rates     Fringes
ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swampscott); MIDDLESEX
(Acton, Arlington, Belmont, Cambridge, Concord, Everett,
Framingham, Holliston, Lexington, Lincoln, Malden, Maynard,
Medford, Melrose, Natick, Newton, Reading, Sherborn, Somerville,
Stoneham, Sudbury, Wakefield, Waltham, Watertown, Wayland,

Weston, Winchester, Woburn); NORFOLK (Bellingham, Braintree,
Brookline, Canton, Cohasset, Dedham, Dover, Foxboro, Frankloin,

                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   129
Medfield, Medway, Millis, Milton, Needham, Norfolk, Norwood,
Quincy, Sharon, Walpole, Wellesley, Westwood, Weymouth,
Wrentham); PLYMOUTH (Hingham and Hull);SUFFOLK

 ELECTRICIANS                            34.44          15.66
----------------------------------------------------------------

ELEC0104A 09/01/2002
                Rates                   Fringes
LINE CONSTRUCTION:

 Lineman                 30.10      8.70+6%+A
 Equipment Operator          25.59       6.70+6%+A
 Cableman and Technician       25.59       6.70+6%+A
 Groundsman                16.56      4.20+6%+A

 A. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence
  Day; Labor Day; Thanksgiving Day; Christmas Day and
  Columbus Day, provided the employee has been employed 5
  working days prior to any one of the listed holidays.
----------------------------------------------------------------

ELEC0223G 03/01/2003
                    Rates Fringes
BARNSTABLE; BRISTOL (Except Attleboro, North Attleboro, Seekonk);
DUKES; NANTUCKET AND NORFOLK (Avon, Halbrook, Plainville,
Randolph, Stoughton)

 ELECTRICIANS                            28.25          12.01
----------------------------------------------------------------

ELEC0223H 09/01/2002
                    Rates Fringes
BARNSTABLE; BRISTOL (Except Attleboro, North Attleboro, Seekonk);
DUKES; NANTUCKET AND NORFOLK (Avon, Halbrook, Plainville,
Randolph, Stoughton)

TELEDATA                              21.43          9.08
----------------------------------------------------------------

ELEV0004A 04/16/2002
                Rates                   Fringes
ELEVATOR MECHANICS                             36.625              7.455+A

 FOOTNOTE FOR ELEVATOR MECHANICS:
  A. Employer Contributes 8% of basic hourly rate for 5 years
  or more of service and 6% for 6 months to 5 years of
  service as vacation pay. Six paid holidays (provided
  employee has worked 5 consecutive days before and the
  working day after the holiday): New Year's Day, Memorial
  Day, Independence Day, Labor Day, Thanksgiving Day, and
  Christmas Day.
----------------------------------------------------------------

ENGI0004A 12/01/2002
                 Rates       Fringes
POWER EQUIPMENT OPERATORS:
Group 1                31.12      12.30+A
Group 2                30.91      12.30+A
Group 3                24.16      12.30+A

                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                    130
Group 4                          27.34         12.30+A
Group 5                          20.14         12.30+A
Group 6                          22.09         12.30+A

FOOTNOTE FOR POWER EQUIPMENT OPERATORS:
A. PAID HOLIDAYS: New Year's Day, Washington,s Birthday, Labor
 Day, Memorial Day, Independence Day, Patriot's Day, Columbus
 Day, Veteran's Day, Thanksgiving Day, Christmas Day

HOURLY PREMIUM FOR BOOM LENGTHS (Including Jib):
Over 150 ft. +1.44
Over 185 ft. +2.53
Over 210 ft. +3.55
Over 250 ft. +5.39
Over 295 ft. +7.46
Over 350 ft. +8.69

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

Group 1: Crane; shovel; truck crane; cherry picker; dragline;
trench hoe; backhoe; three drum machine; derrick; pile driver;
elevator tower; hoist; gradall; shovel dozer; front end loader;
fork lift; suger; boring machine; rotaryu drill; post hole
hammer; post hole digger; pumpcrete machine; asphalt plant (on
site); concrete batching and/or mixing plant (on site); crusher
plant (on site); paving concrete mixer; timber jack

Group 2: Sonic or vibratory hammer; grader; scraper; tandem
scraper; concrete pump; bulldozer; tractor; york rake; mulching
machine; portable steam boiler; portable steam generator; roller;
spreader; tamper (self propelled or tractor drawn); asphalt
paver; mechanic - maintenance; paving screed machine; stationary
steam boiler; paving concrete finishing machine; cal truck;
ballast regulator; switch tamper; rail anchor machine; tire truck

Group 3: Pumps (1-3 grouped); compressor; welding machine (1-3
grouped); generator; concrete vibrator; heater (power driven 1-
5); well point system (operating); syphon-pulsometer; concrete
mixer; valves controlling permanent plant air or steam; conveyor;
Jackson type tamper; single diaphragm pump; lighting plant

Group 4: Assistant engineer (fireman)

Group 5: Oiler (other than truck cranes and gradalls)

Group 6: Oiler (on truck cranes and gradalls)
stant engineer (on truck crane and gradall)

----------------------------------------------------------------

IRON0007F 03/16/2003
                    Rates      Fringes
BRISTOL (Easton); ESSEX (Beverly Gloucester, Lynn,Lynnfield,
Manchester, Marblehead Nahant, Salem, Saugus, Swampscott);
MIDDLESEX (Arlington, Bedford, Belmont, Burlington, Cambridge,
Concord,Everett, Framingham, Lexington, Lincoln, Malden, Maynard,
Medford, Melrose, Natick, Newton, Reading, Sherborn, Somerville,
Stoneham, Sudbury, Wakefield, Waltham, Watertown, Wayland,
Weston, Winchester, Woburn); NORFOLK (Except Medway); SUFFOLK


                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   131
IRONWORKERS                               28.25         16.25

ESSEX (Amesbury, Andover, Boxford, Danvers, Essex, Gerogetown,
Hamilton, Haverhill, Ipswich, Lawrence, Merrimac,Methuen,
Newbury, Newburyport, North Andover, Rockport, Rowley,
Salisbury, Topsfield, Wenham, West Newbury); MIDDLESEX (Action,
Billericia, Carlisle, Chelmsford, Dracut, Dunstable, Groton,
Groveland, Littleton, Lowell, Middleton, North Reading,
Pepperell, Tewksbury, Tyngsboro, Westford, Wilminton)

 IRONWORKERS                              23.84          16.25
----------------------------------------------------------------

 IRON0037E 01/05/2003
                     Rates         Fringes
BARNSTABLE; BRISTOL (Acushnet, Attleboro, Berkley, Dartmouth,
Dighton, Fairhaven, Fall River, Freetown, Mansfield, New Bedford,
North Attleboro, Norton, Raynham, Rehoboth, Seekonk, Somerset,
Swansea, Taunton, Westport); DUKES; NANTUCKET; NORFOLK
(Billingham, Franklin, Plainville, Wrentham)

 IRONWORKERS                              26.60          13.13
----------------------------------------------------------------

IRON0057A 05/01/2003
                    Rates       Fringes
MIDDLESEX (Ashby, Ashland, Ayer, Boxboro, Holliston, Hopkinton,
Hudson, Marlboro, Shirley, Stow, Townsend); NORFOLK (Medway)

 IRONWORKERS                              29.57         14.68
----------------------------------------------------------------

 LABO0014B 06/01/2002
                     Rates     Fringes
SUFFOLK COUNTY (Boston, Chelsea, Revere, Winthrop, Deer Island,
Nut Island); MIDDLESEX COUNTY (Arlington, Belmont, Burlington,
Cambridge, Everett, Malden, Medford, Melrose, Reading,
Somerville, Stoneham, Wakefield, Winchester, Winthrop and Woburn
only); NORFOLK COUNTY (Brookline, Dedham, and Milton only)

PLASTERER TENDERS                             22.50         9.80

BARNSTABLE, BRISTOL, DUKES, ESSEX, NANTUCKET, MIDDLESEX (with the
exception of Arlington, Belmont, Burlington, Cambridge, Everett,
Malden, Medford, Melrose, Reading, Somerville, Stoneham,
Wakefield, Winchester, Winthrop and Woburn); NORFOLK (with the
exception of Brookline Dedham, and Milton) COUNTIES

 PLASTERER TENDERS                             20.85          8.60
----------------------------------------------------------------

 LABO0022I 12/01/2002
                     Rates     Fringes
SUFFOLK COUNTY (Boston, Chelsea, Revere, Winthrop, Deer & Nut
Islands); MIDDLESEX COUNTY (Arlington, Belmont, Burlington,
Cambridge, Everett, Malden, Medford, Melrose, Reading,
Somerville, Stoneham, Wakefield, Winchester, Winthrop, and
Woburn only); NORFOLK COUNTY (Brookline, Dedham, and Milton
only)


                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                     132
LABORERS:
Group 1                        23.55         9.40
Group 2                        23.80         9.40
Group 3                        24.30         9.40
Group 4                        24.55         9.40
Group 5                        24.30         9.40
Group 6                        25.55         9.40


LABORERS CLASSIFICATIONS

GROUP 1: Laborers; Carpenter Tenders

GROUP 2: Jackhammer operator; pavement breaker; asphalt raker
carbide core drilling machine; chain saw operator; pipelayer;
barco type jumping tampers; laser beam; concrete pump; mason
tender; motorized mortar mixer; ride-on motorized buggy; fence
and beam rail erector

GROUP 3: Air track, block paver; hammer; curb setter, hydraulic
and similar self-powered drills

GROUP 4: Blaster; powderman

GROUP 5: Pre-cast floor and roof plank erector

GROUP 6: Asbestos removal laborers/haz-mat laborers
----------------------------------------------------------------

LABO0022J 12/01/2002
                     Rates      Fringes
Counties of BARNSTABLE; BRISTOL; DUKES; ESSEX; NANTUCKET;
MIDDLESEX (with the exception of Arlington, Belmont, Burlington,
Cambridge, Everett, Malden, Medford, Melrose, Reading,
Somerville, Stoneham, Wakfield, Winchester, Winthrop and Woburn);
NORFOLK (with the exception of Brookline, Dedham, and Milton)

LABORERS:

 Group 1                       21.80         8.20
 Group 2                       22.05         8.20
 Group 3                       22.55         8.20
 Group 4                       22.80         8.20
 Group 5                       22.55         8.20
 Group 6                       23.80         8.20

     LABORERS CLASSIFICATIONS

GROUP 1: Laborers; Carpenter Tenders

GROUP 2: Jackhammer operator; pavement breaker; asphalt raker
carbide core drilling machine; chain saw operator; pipelayer;
barco type jumping tampers; laser beam; concrete pump; mason
tender; motorized mortar mixer; ride-on motorized buggy; fence
and beam
rail erector

GROUP 3: Air track, block paver; hammer; curb setter, hydraulic
and similar self-powered drills


               Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   133
GROUP 4: Blaster; powderman

GROUP 5: Pre-cast floor and roof plank erector

GROUP 6: Asbestos removal laborers/haz-mat laborers
----------------------------------------------------------------

LABO1421D 12/01/2002
                Rates  Fringes
BARNSTABLE, BRISTOL, DUKES, ESSEX, MIDDLESEX, NANTUCKET
NORFOLK AND SUFFOLK COUNTIES

WRECKING LABORERS:

  Yardmen Laborer (Salvage Yard only) 19.35                     9.80
  Yardmen Burners, Sawyers                 22.45          9.80
  Wrecking Laborers                    23.35          9.80
  Adzeman                          23.35          9.80
  Burners, Jackhammers                   23.60          9.80
  Small Backhoes, Loaders on Tract,
and Bobcat type loaders               23.85          9.80
  Asbestos, Toxic Hazardous waste
  and lead paint removers               25.35          9.80
----------------------------------------------------------------

PAIN0011I 12/01/2002
                  Rates Fringes
BARNSTABLE, BRISTOL, DUKES, AND NANTUCKET COUNTIES

GLAZIERS                            27.18          9.00+A

FOOTNOTE:
A. PAID HOLIDAY: LABOR DAY (provided employee has worked any
 part of the week prior to Labor Day and any part of the

  week after Labor Day)
----------------------------------------------------------------

PAIN0035D 01/01/2003
                 Rates      Fringes
BARNSTABLE; BRISTOL; ESSEX; NANTUCKET; DUKES; COUNTIES; REMAINDER
OF NORFOLK; MIDDLESEX AND SUFFOLK COUNTIES
PAINTERS:
 NEW CONSTRUCTION:
Brush, Taper          25.16       12.27
Spray, Sandblast       26.16       12.27
 REPAINT:
Brush, Taper          23.22       12.27
Spray, Sandblast       24.22       12.27

----------------------------------------------------------------

PAIN0035M 01/01/2003
                Rates     Fringes
MIDDLESEX (Cambridge, Everett, Malden, Medford, Somerville)
SUFFOLK COUNTY (Boston, Chelsea) NORFOLK COUNTY (Brookline)

PAINTERS:
 NEW CONSTRUCTION;
Brush, Taper      30.95                        12.27

                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   134
Spray, Sandblast                  31.95          12.27
 REPAINT;
Brush, Taper                    29.01          12.27
Spray, Sandblast                 30.01          12.27

----------------------------------------------------------------

PAIN0035V 01/01/2002
                 Rates Fringes
ESSEX; MIDDLESEX; NORFOLK; SUFFOLK

  GLAZIERS                           24.16          10.82
----------------------------------------------------------------

 PLAS0534A 09/01/2002
                      Rates       Fringes
ESSEX (Amesbury, Andover, Boxford, Georgetown, Groveland,
Haverhill, Lawrence, Merrimac, Methuen, North Andover, Salisbury,
West Newbury); MIDDLESEX (Acton, Arlington, Bedford, Billerica,
Burlington, Cambridge,Carlisle, Chemsford, Dracut, Dunstable,
Everett, Littleton, Lowell, Malden, Medford, Melrose, Reading,
North Reading, Stoneham, Tewksbury, Tyngsboro, Wakefield,
Westford, Wilmington, Winchester & Woburn); AND NORFOLK
(Brookline, Milton)SUFFOLK COUNTY

 CEMENT MASONS                              28.50          17.86
----------------------------------------------------------------

PLAS0534D 09/01/2002
                 Rates    Fringes
MIDDLESEX (Arlington, Cambridge, Everett, Malden, Medford,

Melrose, Somerville); NORFOLK (Brookline, Milton): and SUFFOLK

PLASTERERS                             28.50          17.86
----------------------------------------------------------------

PLUM0004A 03/01/2003
                     Rates      Fringes
MIDDLESEX (Ashby, Ayer - West of Greenville branch of Boston and
Maine Railroad, Ft. Devens, Groton, Shirley, Townsend)

 PLUMBERS & PIPE FITTERS                          30.01          11.76
----------------------------------------------------------------

 PLUM0012E 03/01/2003
                      Rates      Fringes
ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swampscott); MIDDLESEX
(Acton, Arlington, Ashland, Ayer - except W. of Greenville Branch
of Boston & Maine RR, Bedford, Belmont, Billerica, Boxboro,
Burlington, Cambridge, Carlisle, Chelmsford, Concord, Dracut,
Dunstable, Everett, Framingham, Hudson, Holliston, Hopkinton,
Lexington, Lincoln, Littleton, Lowell, Malden, Marlboro, Maynard,
Medford, Melrose, Natick, Newton, North Reading, Pepperell,
Reading, Sherborn, Somerville, Stoneham, Stow, Sudbury,
Tewksbury, Tyngsboro, Wakefield, Waltham, Watertown, Wayland,
Westford, Wilmington, Winchester, Woburn); NORFOLK (Bellingham,
Braintree, Brokline, Canton, Cohasset, Dedham, Dover,Foxboro,
Franklin, Medfield, Medway, Millis, Milton, Needham, Norfolk,
Norwood, Plainville, Quincy, Sharon, Walpole, Wellesley,

                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   135
Westwood, Weymouth, Wrentham); AND SUFFOLK COUNTIES

 PLUMBERS                             36.22          12.73
----------------------------------------------------------------

PLUM0051D 03/01/2003
                    Rates      Fringes
BARNSTABLE; BRISTOL; DUKES; NANTUCKET; AND NORFOLK (Avon,
Holbrook, Randolph, Stoughton) COUNTIES

 PLUMBERS & PIPEFITTERS                           28.80         13.57
----------------------------------------------------------------

PLUM0138A 03/01/2003
                     Rates      Fringes
ESSEX (Ames, Andover, Beverly, Boxford, Byfield, Danvers, Essex,
Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ipswich,
Lawrence, Manchester, Marblehead, Merrimac, Methuen, Middleton,
Newbury, Newburyport, North Andover, Peabody, Rockport, Rowley,
Salem, Salisbury, Topsfield, Wenham, West Newbury)

 PLUMBERS, PIPEFITTERS,
  and STEAMFITTERS                         29.92          13.19
----------------------------------------------------------------

PLUM0537C 03/01/2003
                Rates                   Fringes

MIDDLESEX (Arlington, Cambridge, Everett, Lincoln, Malden,
Medford,Melrose, Reading,Wakefield, Winchester and Woburn),
NORFOLK (Bellingham, Braintree, Brookline, Canton, Cashasset,
(Bellingham, Braintree, Brookline, Canton Cashasset, Dedham,
Foxboro, Franklin, Millis, Milton, Sharon, Walpole, Westwood, and
Wrenthan) ESSEX (Lynn, Lynnfield, Nahant, Saugus, Swanpscott)
SUFFOLK (Boston and Chelsea)

 PIPEFITTERS                          36.36          12.79
----------------------------------------------------------------

 ROOF0033A 02/01/2000
                          Rates          Fringes
ROOFERS:
 All Tear-off and/or removal of any
  types of roofing, and all spudding,
  sweeping, vacuuming and/or cleanup
  of any and all areas of any type
  where a roof is to be relaid          23.46          11.15
----------------------------------------------------------------

SFMA0550A 01/01/2003
                      Rates     Fringes
BRISTOL (Portion within 35 mile radius from Boston City Hall;
ESSEX; MIDDLESEX (Except Ashby, Townsend, and portions of
Pepperell and Shirley beyond 35 mile radius from Boston City
Hall); NORFOLK; PLYMOUTH (Portion within 35 mile radius of Boston
City Hall); SUFFOLK

 SPRINKLER FITTERS                           36.65          11.31
----------------------------------------------------------------


                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                    136
SFMA0669A 04/01/2001
                     Rates       Fringes
BARNSTABLE; BRISTOL (Beyond 35 mile radius of Boston City Hall);
DUKES; MIDDLESEX (Ashby, Townsend, portions of Pepperell and
Shirley beyond 35 mile radius of Boston City Hall); NANTUCKET;
PLYMOUTH (Beyond 35 mile radius of Boston City Hall)

 SPRINKLER FITTERS                           26.53          7.95
----------------------------------------------------------------

SFMA0676A 08/01/2002
                  Rates      Fringes
BRISTOL (Seekonk, Swansea, and Somerset)

SPRINKLER FITTERS                           30.70          11.55

----------------------------------------------------------------

SHEE0017C 02/01/2002
                   Rates      Fringes
BRISTOL (Attleboro, Berkley, Easton, Mansfield, North Attleboro,
Norton, Raynham, Taunton); ESSEX; MIDDLESEX;NORFOLK; PLYMOUTH

(except except Marion, Mattapoisett, Rochester, Wareham); SUFFOLK

SHEET METAL WORKERS                               31.77          16.40
----------------------------------------------------------------

SHEE0017G 03/14/2002
                      Rates      Fringes
BARNSTABLE; BRISTOL (Acushnet, Dartmouth, Dighton, Fairhaven,
Fall River, Freetown, Rehoboth, Seeekonk, Somerset, Swansea,
Westport, New Bedford); DUKES; AND NANTUCKET

 SHEET METAL WORKERS                              25.03          12.09
----------------------------------------------------------------

TEAM0379A 12/01/2002
                Rates       Fringes
TRUCK DRIVERS:
Group 1               23.98       9.61+A+B
Group 2               24.15       9.61+A+B
Group 3               24.22       9.61+A+B
Group 4               24.34       9.61+A+B
Group 5               24.44       9.61+A+B
Group 6               24.73       9.61+A+B
Group 7               25.02       9.61+A+B

POWER TRUCKS $.25 DIFFERENTIAL BY AXLE
TUNNEL WORK (UNDERGROUND ONLY) $.40 DIFFERENTIAL BY AXLE
HAZARDOUS MATERIALS (IN HOT ZONE ONLY) $2.00 PREMIUM

    TRUCK DRIVERS CLASSIFICATIONS

Group 1: Station wagons; panel trucks; and pickup trucks
Group 2: Two axle equipment; & forklift operator
Group 3: Three axle equipment and tireman
Group 4: Four and Five Axle equipment
Group 5: Specialized earth moving equipment under 35 tons other
than conventional type trucks; low bed; vachual;

                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   137
mechanics, paving restoration equipment
Group 6: Specialized earth moving equipment over 35 tons
Group 7: Trailers for earth moving equipment (double hookup)

FOOTNOTES:
A. PAID HOLIDAYS: New Year's Day, Washington's Birthday,
 Memorial Day, Independence Day, Labor Day, Patriot's Day,
 Columbus Day, Veteran's Day, Thanksgiving Day, and
 Christmas Day
B. PAID VACATION: Employees with 4 months to 1 year of
 service receive 1/2 day's pay per month; 1 week
 vacation for 1 - 5 years of service; 2 weeks vacation
 for 5 - 10 years of service; and 3 weeks vacation for
 more than 10 years of service

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
================================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a)(1)(ii)).
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.

    WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
 position on a wage determination matter
* a conformance (additional classification and rate)
 ruling

On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.

With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:

   Branch of Construction Wage Determinations
   Wage and Hour Division
   U. S. Department of Labor
   200 Constitution Avenue, N. W.
   Washington, D. C. 20210

                Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                                   138
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

      Wage and Hour Administrator

      U.S. Department of Labor
      200 Constitution Avenue, N. W.
      Washington, D. C. 20210

The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:

      Administrative Review Board
      U. S. Department of Labor
      200 Constitution Avenue, N. W.
      Washington, D. C. 20210

4.) All decisions by the Administrative Review Board are final.



                                         END OF GENERAL DECISION




             Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                                        139
                       PLANS
                        AND
                   SPECIFICATIONS

MUST BE OBTAINED AT THE
PURCHASING DEPARTMENT.




Project Manual #05-46 Accessibility Improvements – Police Annex & Auburndale Branch Library
                                           140

				
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