Professional Documents
Culture Documents
WEF Urban-Services Resilient
WEF Urban-Services Resilient
State of Connecticut
State Office Building Renovation
and
New Parking Garage
State Project No. BI-2B-381 CMR
165 Capitol Avenue
Hartford, CT
State of Connecticut
State Office Building Renovation
and
New Parking Garage
State Project No. BI-2B-381 CMR
165 Capitol Avenue
Hartford, CT
State Office Building Renovation Section 00 01 01.1-1 Gilbane Job No. J06930.000
New Parking Garage Title Page October 10, 2017
Section 00 01 10.2
Table of Contents
Gilbane Project Manual
INVITATION TO BID
STATE OFFICE BUILDING RENOVATION
NEW PARKING GARAGE
STATE PROJECT NO. BI-2B-381 CMR
GILBANE JOB NO. J06930.000
1. Sealed bids for the bid packages listed below for the State Office Building New Parking Garage Project will be
received by Gilbane Building Company. Sealed bids will be received at Gilbane Building Company, 208 New London
Turnpike, Glastonbury, CT 06033 until 1:00 p.m. on October 24, 2017. Bids will be opened and publicly read aloud
immediately following the close of the bid period. Sealed Bid envelopes (including overnight packaging) shall be clearly
labeled with bid number, bid title, and “SEALED BID”. Late bids will be rejected and returned unopened.
2. Bidders, at the time the bid is submitted, must be prequalified with the State of Connecticut Department of
Administrative Services (DAS) in accordance with C.G.S §4b-91, for the bid package(s) listed below. In accordance with
C.G.S. §4a-100, §4b-91, and §4b-101, any trade contractor submitting a bid is required to submit their DAS Update (Bid)
Statement with their bid. Failure to submit this item with the bid will result in rejection of the bid. All lower tier
subcontractors with contracts in excess of $500,000 must be pre-qualified in the applicable classification at the time of
performance of their work. Regardless of the value of the bid, the bidder must possess experience with projects of a
similar nature and scope.
3. The contracts to be awarded are subject to contract compliance requirements of the Connecticut Commission on
Human Rights and Opportunities as mandated by Sections 4a-60 and 4a- 60a of the Connecticut General Statutes; and,
Sections 46a-71(d) and 46a-81i(d) of the Connecticut General Statutes. There are Contract Compliance Regulations codified
at Section 46a-68j-21 through 43 of the Regulations of Connecticut State Agencies, which establish a procedure for awarding
all contracts covered by Sections 4a-60 and 46a-71(d) of the Connecticut General Statutes.
4. Each Bid shall be accompanied by a bid security in the form of a bid bond or certified check in an amount not less
than Ten Percent (10%) of the total amount of the base bid of Fifty Thousand Dollars ($50,000.00) drawn in favor of
Gilbane Building Company. Said surety shall be issued by a surety that is licensed to do business in the State of
Connecticut and is rated A-(VII) or better by A.M. Best.
If the bidder is a small contractor or minority business enterprise pursuant to Connecticut General Statutes Section 4a-
60g and further described in the Standard Form of Agreement Between Owner and Construction Manager-At-Risk (CMR)
between State of Connecticut and Gilbane Building Company dated May 25, 2016, Appendix I - Administrative and Statutory
Requirements, it may provide in lieu of a bid bond, a letter of credit in an amount equal to Ten Percent ( 10% ) of the bid
amount if the estimated value is less than One Hundred Thousand Dollars (<$100,000.00) and in an amount equal to Twenty-
Five Percent ( 25% ) of the bid amount if the estimated value is One Hundred Thousand Dollars or greater (=/>$100,000.00).
5. The Work includes the re-bid of the bid packages listed below for the New Parking Garage for the State Office
Building located at 165 Capitol Avenue in Hartford, CT.
The work has been divided into the following bid packages:
6. There will be a non-mandatory Prebid meeting for this bid at 10:00 a.m. on October 18, 2017. The Prebid meeting
will be held the Gilbane State Office Building Project jobsite office trailer, 165 Capital Avenue.
8. This project is being performed under the Construction Management at Risk (CMR) form of construction. With
respect to this project, the Construction Manager is a representative of the Owner. Each successful bidder shall enter into a
contract with the Construction Manager. The Owner has contracted with Gilbane Building Company to serve as the CMR
and shall be named as dual obligee on the performance bond and labor and material payment bond.
9. State of Connecticut Department of Labor prevailing minimum wages as published in the Contract Documents
apply in accordance with Connecticut General Statutes §31-53, §31-53a, and Public Act 05-50 for this Project. The
Project is subject to a Project Labor Agreement with the Greater Hartford Building and Construction Trades Council.
10. No oral, telephone or telegraphic proposals will be considered. All bids shall stand available for acceptance for a
period of ninety (90) days from the date proposals are received.
11. The Construction Manager is authorized to waive minor irregularities which it considers in the best interest of the
Project, provided the reasons for any such waiver are stated in writing by the Construction Manager and made a part of
the contract file. The Owner and/or Construction Manager reserves the right to reject any or all bids, including without
limitation the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional bids and to reject the
bid of any bidder if the Owner and/or Construction Manager believes that it would not be in the best interest of the Owner
or the project to make an award to that bidder, whether because the bid is not responsive or the bidder is unqualified or of
doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner and/or
Construction Manager. The Owner and/or Construction Manager reserves the right to waive informalities and to negotiate
contract terms with one or more bidders without reopening the bidding process insofar as such negotiations are not
violative of applicable competitive bidding statutes or law. In evaluating bids, the Owner and/or Construction Manager
will consider the qualifications of the bidder, whether or not the bids comply with the prescribed requirements, and such
alternates, unit prices, and other data, as may be requested in the Form of Bid or prior to Notice of Award. The Owner
and/or Construction Manager may consider the qualification and experience of subcontractors and other persons and
organizations proposed for those portions of the work as to which the identity of subcontractors and other persons and
organizations must be submitted as provided by the bid documents. The Owner and/or Construction Manager reserves the
right to require, prior to Notice of Award, a statement of facts in detail of the business and technical organization and
plant of the bidder available for the contemplated work, including financial resources, present commitments, and
experience of the bidder in performance of comparable work.
12. Gilbane Building Company is an Affirmative Action Equal Opportunity Employer M/F/H/V.
Patrick J. Delany
Chief Purchasing Agent
Gilbane Building Company
1. SUBMISSION OF BIDS:
Bids must be made in accordance with the following instructions and format provided in the Bid
Form, and must be fully completed.
Bid documents are available free of charge from the project bidding FTP site:
ftp://files.gilbanetech.com, enter username: CTSOB and password: Gilbane Upon
receipt/download of the Bid documents the bidder shall immediately check that all documents
listed in item 4 of these instructions and all Drawings and Specifications listed in the Bid Form
have been received. If an item(s) is missing contact the Gilbane Purchasing Department
immediately.
3. PRE-BID CONFERENCE:
The Pre-Bid Conference will be conducted at the time and location stipulated in the Invitation to
Bid. A walk-though of the project site will follow immediately after the meeting. To the extent
possible, questions should be submitted to the Purchasing Agent prior to this conference. Agenda
items include review of bidding procedure, bid format, site utilization, schedule, scope, questions
and answers. Minutes will be forwarded to all plan holders and published on the Project FTP site.
A. Before submitting a bid, the bidder is required to carefully examine the Contract
Documents, visit the site, note existing facilities, conditions and limitations affecting the
work to be performed under this Contract. Include all costs for same.
B. By submitting a bid, the bidder agrees he has examined the Contract Documents, has
visited the site, noted all conditions and limitations affecting the work and fully
understands the nature of the work, general and local conditions, and accepts the standard
Gilbane contract form, a sample of which is included in the bid documents.
C. By submitting a bid, the bidder agrees that he will not make any claim for damages or
additional compensation because of lack of information, or because of any
misunderstanding, or because of any misinterpretation of the requirements of the
Contract.
5. SUBMISSION OF BIDS:
A. Submit one (1) original bid and one (1) copy of the bid, original signatures are to be on
both bid forms, sealed in an envelope plainly marked in the upper left hand corner with
the name and address of the bidder, the project number and name, the bid package
number and name, and the words “SEAL BID”. If forwarded by mail or delivery service,
the sealed envelope containing the bid must be enclosed in the delivery pouch. Address
all bids to:
Gilbane Building Company
208 New London Turnpike
Glastonbury, CT 06033
Attention: Patrick J. Delany, Chief Purchasing Agent
B. The bids must be received at the above office by the time and date stipulated on the Bid
Form. Faxed bids are not acceptable. Late bids will be rejected and returned unopened.
All bids will be opened and publicly read aloud immediately following the closure of the
bid period.
6. BID BOND:
Each Bid shall be accompanied by a bid security in the form of a bid bond or certified check in an
amount not less than Ten Percent (10%) of the total amount of the base bid of Fifty Thousand
Dollars ($50,000.00) drawn in favor of Gilbane Building Company. Said surety shall be issued
by a surety that is licensed to do business in the State of Connecticut and is rated A-(VII) or better
by A.M. Best.
If the bidder is a small contractor or minority business enterprise pursuant to Connecticut General
Statutes Section 4a-60g and further described in the Standard Form of Agreement Between
Owner and Construction Manager-At-Risk (CMR) between State of Connecticut and Gilbane
Building Company dated May 25, 2016, Appendix I - Administrative and Statutory
Requirements, it may provide in lieu of a bid bond, a letter of credit in an amount equal to Ten
Percent ( 10% ) of the bid amount if the estimated value is less than One Hundred Thousand
Dollars (<$100,000.00) and in an amount equal to Twenty-Five Percent ( 25% ) of the bid
amount if the estimated value is One Hundred Thousand Dollars or greater (=/>$100,000.00).
7. PREPARATION OF BIDS:
C. Include the full business address of the bidder. Signature shall be in longhand and your
name typed or neatly printed. Partnerships must sign the bid. In case of a bid submitted
by a Corporation, the bid shall be signed by an officer duly authorized to sign on behalf
of the Corporation.
D. Scope of Work items which have inadvertently been duplicated in more than one bid
package must be included in the bid amount for each package containing the Work item,
regardless of the duplication. Do not assume Scope of Work items will be provided by
the other bid package(s). Notify the Owner and Construction Manager immediately upon
discovery of a duplicated item. Should the Construction Manager request a credit for the
duplicated item after the bid, claims of omission of pricing in the bid due to the duplicate
item in another bid package will not be accepted.
8. EXPLANATION TO BIDDERS:
A. The bidder shall, in the event of any discrepancies, omissions or errors in the Contract
Documents, or in the event of doubt on the part of a bidder as to their intent or meaning,
direct inquiries in writing to Patrick J. Delany, Chief Purchasing Agent I, 208 New
London Turnpike, Glastonbury, CT 06033 or email the questions to:
pdelany@gilbaneco.com When using email, type “SOB/Parking Garage Bid RFI” in the
subject line and type the question in the body of the email, do not attach a separate form.
B. Equals and Substitution Requests: Substitution of Materials and Equipment before the
opening of the bids for the Project Elements. The Owner will consider requests for
Equals or Substitutions, if made prior to the receipt of the Bid(s). The information on all
materials shall be consistent with the information herein.
.2 Substitution Denial: Any Substitution request not complying with the above
requirements will be denied. Substitution request sent after the deadline
D. Such bid supplements, issued during the bidding period, shall be acknowledged on the
Bid Form and shall be included in the Contract at the time of award.
E. Such supplements may or may not contain design document addenda issued by the
project designers.
A. Bids will be opened publicly and read aloud shortly after the bid closing time.
B. The apparent lowest, qualified, bidder for each bid package will undergo a scope review
meeting to verify inclusion of all project requirements, including a review of
administrative and technical specifications, project plans, bidder qualifications, out-reach
efforts, small and minority business enterprise inclusion, and other such items as may be
necessary to validate the bidder as the lowest, qualified, bidder.
C. Bidders, at the time the bid is submitted, must be prequalified with the State of
Connecticut Department of Administrative Services (DAS) in accordance with C.G.S
§4b-91, for the bid packages as listed in the Invitation to Bid. Bidders must include the
DAS Update Statement with the bid or the bid will be rejected. The Invitation to Bid
identifies which DAS prequalification, if any, is required for the bid package. Bid
packages for which there is no DAS prequalification category, the bidder shall provide a
fully completed AIA A305 Contractor’s Qualification Statement with the bid submission.
Bidders are reminded that any bid/contract in excess of $500,000 must be DAS
prequalified, regardless of tier. The Construction Manager will require verification of all
subcontract values and prequalification status. Lower tier subcontractors without the
appropriate DAS prequalification will not be permitted to work on the project.
D. The following conditions shall render a bid invalid and rejected by the Construction
Manager:
.1 the bidder, if submitting a bid for work to be performed with an estimated value
in excess of Five Hundred Thousand Dollars ( $500,000.00 ) is not prequalified
in the State of Connecticut Department of Administrative 'Services requisite
classification noted on the pertinent Invitation to Bid;
.2 the bid is not accompanied by a bid bond or certified check in an amount which
shall be Ten percent ( 10% ) of any bid for work with an estimated value of at
least Fifty Thousand Dollars ($50,000.00), or if the bidder is a small contractor or
minority business enterprise pursuant to Connecticut General Statutes Section 4a-
60g, it has not provided in lieu of a bid bond a letter of credit in an amount equal
to Ten Percent (10%) of the bid amount if the estimated value is less than One
Hundred Thousand Dollars (<$100,000.00) and in an amount equal to Twenty-
five Percent (25%), if the estimated value is One Hundred Thousand Dollars
(>$100,000.00) or greater;
.4 the bidder does not provide a requirement or qualification, the omission of which
the Construction Manager clearly stated in all bid solicitation communications
would be grounds for bid rejection without allowance for waiver.
F. The following procedure shall be utilized in the event of equal bid amounts for the same
bid package, resulting in a tie:
.2 in the event the quantity of small and minority business enterprise participation
stipulated in section G of the bid form is also identical, a coin toss shall be
utilized, with the winner of the coin toss being deemed the lowest bidder.
The successful bidder is required to execute an Agreement between the Construction Manager
and Trade Contractor in accordance with the sample form in Section 00 52 26 of the Gilbane
Project Manual.
After the Construction Manager has received approval from the Owner, the Trade Contractor will
be notified that he has been successful. The Trade Contractor shall submit within ten (10) days
after receipt, the bonds referenced herein, the appropriate insurance certificates, and the executed
contracts. Failure to do so within ten (10) days after receipt of contract may be considered default
under the obligation of the bid bond.
11. TAXES:
The project owner, the State of Connecticut, is tax exempt pursuant to Connecticut General
Statutes Section 12-412. Therefore, the project is sales tax exempt in accordance with the State of
Connecticut General Statutes. Bids must include all applicable taxes (sales & use, payroll, etc.)
in the bid amount.
If applicable, the successful bidder must become a “verified contractor” with the State of
Connecticut Department of Revenue Services and provide a copy of the “Nonresident Contractor
Notice of Verified Status” letter to the Construction Manager. In accordance with C.G.S §12-
430(7), the successful bidder must provide the letter prior to the release of the first progress
payment under the Contract or the Construction Manager must remit five percent (5%) of every
payment directly to the State of Connecticut Department of Revenue Services (DRS). This five
percent withholding is in addition to the Project retainage and CHRO withholding. See the DRS
website for further information, including procedures to release project payment withholdings.
Security for faithful performance shall be in accordance with Article 6.2 Sample Trade Contract
Agreement in Section 00 52 26 of the Gilbane Project Manual. Bidders are to include the costs
for a one hundred percent (100%) Performance Bond or a one hundred percent (100%) Labor and
Material Payment Bond in the bid price. Section 00 61 13 Bond Forms contains the bond forms
which much be utilized for the project. Note that the State of Connecticut must be included as
“Dual Obligee” on all such bonds.
The contractor will be responsible for securing all necessary permits, state and local, as required
by the State of Connecticut. The State will waive its application and permit fees for the Project.
The General Building Permit will be obtained and paid for by others.
15. INSURANCE:
Each bidder must include in his proposal all cost associated with providing insurance coverage as
specified in Article 6.3 of the Sample Trade Contract Agreement in Section 00 52 26 of the
Gilbane Project Manual. Any variation must be shown on a certificate submitted with the
proposal for review.
Certificates of Insurance shall be delivered to the Construction Manager within ten (10) calendar
days, following receipt of the Notice of Award letter and Contracts.
A Certificate of Insurance must be supplied to the Construction Manager prior to any work
commencing in the field.
Each bidder must include in his bid all costs for installation, maintenance and removal of
temporary sheds, field offices, telephone services, and drinking water required for his exclusive
use. Temporary toilet facilities and a dumpster will be provided by the Construction Manager as
outlined in the bid documents. Temporary water and power may be available at the site for the
Trade Contractor's use (See General Conditions). Trade Contractors are responsible to separate
their rubbish as required by all agencies having jurisdiction.
17. ENGINEERING/LAYOUT:
Each bidder must include in his bid all costs for engineering, surveying and field measurements
which will be required to complete his work. Base lines and bench marks will be provided and
maintained by the Construction Manager.
All Suppliers and Trade Contractors employed on this project are required to implement an Equal
Opportunity Program within their organization. Proper steps should be taken to establish non-
discrimination because of race, color, creed, sex, or national origin. The President's Executive
Order No. 11246 and modifications thereto, as well as all other existing Federal and State
Legislation on Equal Employment Opportunities will be adhered to in the carrying out of the
Contract. See also, Article 25, below.
Each Trade Contractor must document that a minimum of 15% minority and 6.9% female labor
hours have been employed on the site compared to the total labor hours for the work. Daily
Reports shall include the gender and ethnicity of each worker, direct or subcontracted, engaged in
the work of the bid package.
Failure of the Trade Contractor to achieve the minimum goals set forth above, absent documented
good faith, shall subject the Trade Contractor to suspension of payments from the Construction
The Project is subject to the requirements of the Connecticut Commission on Human Rights and
Opportunity (CHRO). Unless otherwise noted, each bid package has a twenty-five percent (25%)
SBE and six and one quarter percent (6.25%) MBE participation goal.
It is mandatory that Section G, of the Proposal Form, be completed and submitted with the bid.
The amount of participation included will be considered when evaluating the proposals.
The successful bidder is required to file, and shall cause each of his subcontractors to file, with the
commission such compliance reports at such times as the commission may direct. Compliance
reports shall contain such information as to the practices, policies, programs, and employment
policies, employment programs, and employment statistics of the contractor and each
subcontractor and be in such form as the commission may prescribe (C.G.S. Sec. 46a-68e). In
addition to the reports required by CHRO, the Trade Contractor shall substantiate the participation
and shall submit copies of subcontracts or purchase orders signed by both parties. As the work
proceeds and payments are processed, the Trade Contractor shall submit satisfactory evidence such
as cancelled checks. The total of all satisfactory evidence shall equal the participation
commitment.
Failure to substantiate participation required by contract, will result in a default under the
obligation of the Bid Bond. No monies shall be paid to the Trade Contractor until copies of
contracts and/or purchase orders for the full amount of participation have been submitted. Release
of retainage will be conditional upon submission of verified documentation totaling the
participation commitment. The value of unsubstantiated participation may be deducted from
monies due on the Trade Contractor's account.
The successful bidder is required to provide the following documentation to the Construction
Manager when requested:
A any sub-subcontracts and purchase orders;
B the MBE/SBE status of Trade Contractor and each of its sub-trade contractors and
vendors;
C the amount paid by the Trade Contractor to sub-trade contractors and vendors;
D a detailed description of the selection process utilized in awarding sub-trade contracts and
purchase orders; and,
E a list of all competitive bids, proposals, or quotes received, together with any other
information used by in awarding sub-trade contracts and purchase orders.
There shall be no information divulged concerning this Project to anyone including, for example,
information in application for permits, variances, and other approval except such as is necessary
to secure the same provided that all such applications shall be first submitted to the Construction
Manager for approval by the Owner. The Trade Contractor shall not further refer to the Project in
any of his promotional materials without the Owner's prior written consent obtained through the
Construction Manager.
The prevailing wage rates for the Project are subject to annual adjustment in accordance with
§31-55a of the Connecticut General Statutes. Bidders shall anticipate and include all annual
adjustments to the wages rates, prevailing or otherwise, within the lump sum bid
price. Subsequent to Contract award each Trade Contractor will be required to submit certified
payrolls monthly, in accordance with Connecticut law, on the forms provided by the Construction
Manager and the Connecticut Department of Labor as a condition for payment.
21. DEBARMENT:
Bidders are to identify if they or any proposed subcontractors have been debarred in the past or
are currently debarred from participating in any public works project, for the local, state or
federal governments. Is so, provide details of such debarment. Contractors who are currently
debarred are unacceptable.
22. RETAINAGE
In accordance with Connecticut State law, retainage shall be seven and one half percent (7.5%).
Liquidated damages for failure to complete the construction as defined in the General Conditions
will be assessed to the responsible Trade Contractor(s) for each calendar day after the date for
Substantial Completion and the date for Acceptance.
Trade Contractors which fail to achieve Substantial Completion on or before the date stipulated in
the Project Schedule shall receive a Liquidated Damages assessment in the amount Twenty-nine
Thousand Three Hundred Fifty-seven Dollars ($29,357.00) per day for each calendar day beyond
the established Substantial Completion Date that the Trade Contractor fails to achieve Substantial
Completion.
Trade Contractors which fail to complete their work and impact the date of Acceptance as
stipulated in the Project Schedule shall incur a Liquidated Damages assessment in the amount of
Ten Thousand Five Hundred Five Dollars ($10.505.00) per day for each calendar day beyond the
Ninety (90) calendar days of the established Substantial Completion Date that the Trade
Contractor fails to achieve Acceptance.
In the event damages incurred by Construction Manager are caused both by Trade Contractor and
another entity for whose acts Trade Contractor is not liable, Construction Manager shall have the
right to reasonably apportion said damages among the responsible parties, and such
apportionment shall be binding on the Trade Contractor.
A. A key element in the delivery of this project, in the preconstruction and construction phases, is
the implementation of “Lean Construction” principles. Gilbane requires the Trade Contractor to
use the Advanced Planning and Scheduling (APS) techniques for planning and controlling work
on this project.
B. The APS requires team members to make and keep commitments based on their confidence that
prerequisite work, design information, materials, labor and equipment will be ready so they can
start and complete installations to meet Master Schedule milestones. The Trade Contractor’s
Superintendent/Foreman are required to participate together with all other related trade
contractors in pull plans for the each major phase of work on the project in which they will be
participating. Each pull plan will work towards creating the detailed expansion of the milestone
schedule included in the bid documents. This Milestone schedule is a guide for the intended
phasing and flow through the project. It is not intended to provide dates or durations for any
activity. Dates, durations, and all sequencing will be created through pull planning sessions
throughout the life of the project. Do not assume sequencing or handoffs prior to any pull
planning event, other than those specifically communicated in the bid documents. Final
sequencing and hand offs at all pull plan events will be agreed upon by all trade contractors and
the Gilbane project team to support the best interest of the project as a whole. The durations and
sequencing agreed upon at each pull plan will become a contractual obligations. At each pull
plan event, trade contractor superintendents/foremen structure the flow of work and outline the
network of commitments by identifying the hand-offs between trades. Each onsite superintendent
or lead foreman is considered a “Last Planner” in APS, and has the responsibility to plan their
activities six weeks ahead in a “Look-ahead Schedule” and to identify crew assignments for the
current and next week in a “Weekly Work Plan”. Last Planners are required to commit to
performing work that they know can be made ready for their crews and to refuse to assign work
they are not confident can be started and / or be completed because it is not ready.
1. Sort - Identify needed materials from clutter/waste and removal of all materials that do
not belong on the work site.
2. Set in Order - Arrange the needed materials in an efficient manner to maximize
productivity and ease of use.
3. Shine – Clean work area, tools, and equipment regularly. It is easy to spot potential
hazards when something is out of place.
4. Standardize - Formalize standards and processes for work from activities taken place in
SORT, SET IN ORDER, and SHINE.
5. Sustain/Self Discipline - Ensure that the site continues to improve its 5s regiment,
conduct quality checks and walk-throughs
1. Each onsite Superintendent / Foreman for each trade contractor shall have the latest
information about the status of contract issues, submittals and shop drawings, material
and equipment deliveries, RFIs and change orders, safety training, labor and construction
equipment availability.
PRECONSTRUCTION
CONTRACT DRAWINGS
GARAGE
EARLY BID PACKAGES - GARAGE - MASS EX / SHORING / STRUCT. PRECAST
GBCo
G1820 BID PERIOD (CAL DAYS) - GARAGE (MASS EX / SHORING / STRUCT. PRECAST) 28 8 2/16/17 A 6/27/17 BID PERIOD (CAL DAYS) - GARAGE (MASS EX / SHORING / STRUCT. PRECAST)
DCS
G1790 DCS APPROVE EARLY WAO #2 - GARAGE (MASS EX / SHORING / STRUCT. PRECAST)20 6 5/16/17 A 6/27/17 DCS APPROVE EARLY WAO #2 - GARAGE (MASS EX / SHORING / STRUCT. PRECAST)
BALANCE OF GARAGE
BID PACKAGES - BALANCE OF GARAGE
GBCo
G1310 PREPARE BID PACKAGES - BALANCE OF G ARAGE 10 10 6/20/17 7/3/17 PREPARE BID PACKAGES - BALANCE OF G ARAGE
G1340 ADVERTISE BIDS - BALANCE OF GARAGE 5 5 7/5/17 7/11/17 ADVERTISE BIDS - BALANCE OF GARAGE
G1410 BID PERIOD - BALANCE OF GARAGE 20 20 7/5/17 8/1/17 BID PERIOD - BALANCE OF GARAGE
G1480 SCOPE REVIEWS - BALANCE OF GARAGE 10 10 8/2/17 8/15/17 SCOPE REVIEWS - BALANCE OF GARAGE
G1490 CMR PREPARE - GMP PACKAGES - BALANCE OF GARAGE 10 10 8/16/17 8/29/17 CMR PREPARE - GMP PACKAGES - BALANCE OF GARAGE
DCS
G1570 BID PERIOD (CAL DAYS) - BALANCE OF GARAGE 100 100 6/20/17 9/27/17 BID PERIOD (CAL DAYS) - BALANCE OF GARAGE
G1520 DCS / AG APPROVE GMP - BALANCE OF GARAGE 20 20 8/30/17 9/27/17 DCS / AG APPROVE GMP - BALANCE OF GARAGE
G1560 HIRE SPECIAL INSPECTOR - BALANCE OF GARAGE 0 0 9/27/17 HIRE SPECIAL INSPECTOR - BALANCE OF GARAGE
AWARD
G1460 AWARD CONTRACT / NTP - EARLY PACKAGES - GARAGE 5 5 6/28/17 7/5/17 AWARD CONTRACT / NTP - EARLY PACKAGES - GARAGE
G1650 AWARD CONTRACT / NTP (& CMR ISSUES TRADE CONTRACTS) - GARAGE BALANCE 1 1 9/28/17 9/28/17 AWARD CONTRACT / NTP (& CMR ISSUES TRADE CONTRACTS) - GARAGE BALANCE
PROCUREMENT
SITEWORK
DRILLED SHAFTS
G2080 PREP & SUBMIT DRILLED SHAFT SHOP DWGS 10 10 7/6/17 7/19/17 PREP & SUBMIT DRILLED SHAFT SHOP DWGS
G2090 REVIEW & APPROVE DRILLED SHAFT SHOP DWGS 10 10 7/20/17 8/2/17 REVIEW & APPROVE DRILLED SHAFT SHOP DWGS
G2100 PROCURE DRILLED SHAFT MATERIALS 15 15 8/3/17 8/23/17 PROCURE DRILLED SHAFT MATERIALS
SHORING
G2020 PREP & SUBMIT SHORING SHOP DWGS 30 30 7/6/17 8/16/17 PREP & SUBMIT SHORING SHOP DWGS
G2030 REVIEW & APPROVE SHORING SHOP DWGS 10 10 8/17/17 8/30/17 REVIEW & APPROVE SHORING SHOP DWGS
G2040 PROCURE SHORING 40 40 8/31/17 10/26/17 PROCURE SHORING
CONCRETE
G2050 PREP & SUBMIT REBAR SHOP DWGS 10 10 9/29/17 10/12/17 PREP & SUBMIT REBAR SHOP DWGS
G2060 REVIEW & APPROVE REBAR SHOP DWGS 10 10 10/13/17 10/26/17 REVIEW & APPROVE REBAR SHOP DWGS
G2070 PROCURE REBAR MATERIALS 10 10 10/27/17 11/9/17 PROCURE REBAR MATERIALS
ARCH/STRUCT PRECAST
G1990 PREP & SUBMIT STRUCT/ARCH PRECAST SHOP DWGS 50 50 6/28/17 9/7/17 PREP & SUBMIT STRUCT/ARCH PRECAST SHOP DWGS
CONSTRUCTION
ABATEMENT & DEMO
A1160 PICK STRUCTURAL T'S 15 6 5/30/17 A 6/27/17 PICK STRUCTURAL T'S
A1170 FOUNDATION WALL BRACING 5 5 6/21/17 6/27/17 FOUNDATION WALL BRACING
A1180 STRUCTURAL DEMOLITION 45 45 6/28/17 8/30/17 STRUCTURAL DEMOLITION
A1190 PROCESS / LOAD OUT MATERIAL 50 50 7/3/17 9/12/17 PROCESS / LOAD OUT MATERIAL
A1200 DEMOB / CLEAN UP 5 5 9/6/17 9/12/17 DEMOB / CLEAN UP
SITEWORK
A1240 TEST PITS @ WEST SIDE 5 5 8/3/17 8/9/17 TEST PITS @ WEST SIDE
A1220 CHARACTERIZE FILL MATERIAL 5 5 8/10/17 8/16/17 CHARACTERIZE FILL MATERIAL
A1230 IDENTIFY MATERIAL DISPOSAL FACILITY 12 12 8/17/17 9/1/17 IDENTIFY MATERIAL DISPOSAL FACILITY
A1250 DEMO OF FOUNDATION 15 15 8/31/17 9/21/17 DEMO OF FOUNDATION
A1210 TEST PITS @ GARAGE LOCATION 8 8 9/22/17 10/3/17 TEST PITS @ GARAGE LOCATION
G1470 MASS EXCAVATION (EARLY PACKAGES) 70 70 10/6/17 1/16/18 MASS EXCAVATION (EARLY PACKAGES)
G1530 SHEETING & SHORING (EARLY PACKAGES) 50 50 10/27/17 1/9/18 SHEETING & SHORING (EARLY PACKAGES)
CAISSONS / SHAFTS
G1600 DRILLED CAISSON / SHAFTS 30 30 12/26/17 2/6/18 DRILLED CAISSON / SHAFTS
FOUNDATIONS
G1590 CONCRETE FOUNDATIONS 75 75 1/10/18 4/24/18 CONCRETE FOUNDATIONS
STRUCTURE
G1630 ERECT PRECAST (EARLY PACKAGES) 70 70 4/25/18 8/2/18 ERECT PRECAST (EARLY PACKAGES)
G1870 DETAIL PRECAST / PLACE POUR STOPS 50 50 5/23/18 8/2/18 DETAIL PRECAST / PLACE POUR STOPS
G2170 BACKFILL / WAT ERPROOF / PREP / PLACE SOG 10 10 8/3/18 8/16/18 BACKFILL / WAT ERPROOF / PREP / PLACE SOG
EXTERIOR
G2110 INTERIOR U/G UTILITIES / SUMPS 15 15 7/13/18 8/2/18 INTERIOR U/G UTILITIES / SUMPS
G2180 CANOPY / CURTAINWALL SUPPORT STEEL 10 10 8/3/18 8/16/18 CANOPY / CURTAINWALL SUPPORT STEEL
G2220 CURTAINWALL - STAIR 1 / DRIVE ENTRY 10 10 8/3/18 8/16/18 CURTAINWALL - STAIR 1 / DRIVE ENTRY
G2120 INTERIOR CMU 20 20 8/3/18 8/30/18 INTERIOR CMU
G2130 EXTERIOR CMU - WEST (RETAIL) 20 20 8/3/18 8/30/18 EXTERIOR CMU - WEST (RETAIL)
G2350 ELELVATOR SHAF T CMU 20 20 8/3/18 8/30/18 ELELVATOR SHAF T CMU
G2160 MEP ROUGH-IN 30 30 8/3/18 9/14/18 MEP ROUGH-IN
G2240 ROOFING 5 5 8/17/18 8/23/18 ROOFING
G2190 LGMF AT CANOPIES 20 20 8/17/18 9/14/18 LGMF AT CANOPIES
G2230 SET TRANSFORMER / ESTABLISH PERM. POWER 15 15 8/24/18 9/14/18 SET TRANSFORMER / ESTABLISH PERM. POWER
G2260 COPPER CANOPY LEGS / EYEBROWS 20 20 8/24/18 9/21/18 COPPER CANOPY LEGS / EYEBROWS
G2200 CURTAINWALL - RETAIL 10 10 8/31/18 9/14/18 CURTAINWALL - RETAIL
G2140 EXTERIOR CMU - EAST (STAIR 1) 20 20 8/31/18 9/28/18 EXTERIOR CMU - EAST (STAIR 1)
G2210 CURTAINWALL - STAIR 2 10 10 9/17/18 9/28/18 CURTAINWALL - STAIR 2
G2330 MEP FIXTURES / LIGHTING 30 30 9/17/18 10/26/18 MEP FIXTURES / LIGHTING
A. Proposes to furnish all labor, materials, equipment and services as required to satisfactorily complete all Parking
Garage Elevators herein described as Bid Package No. 14A-R2 as required for the construction and renovations
activities at The State Office Building and New Parking Garage project, all in accordance with the Drawings and
Specifications as prepared by Amenta|Emma Architects P.C., the Gilbane Project Manual, and this Proposal
Form.
B. All work required by the foregoing documents will be accomplished for the Lump Sum Bid Price of
___________________________________________________________________________________________
______________________________________________________________Dollars ($ ).
(Show amount in both words and figures. In case of discrepancy, amount shown in words will govern.)
The Lump Sum Bid Price above INCLUDES all applicable sales and/or use taxes; INCLUDES all insurance
premiums required to meet contractual insurance requirements; and INCLUDES all premiums for a Performance
Bond and a Labor and Material Payment Bond in the sum of one hundred percent of the Contract price.
C. Bidder agrees that if written notice of the acceptance of this bid is mailed or delivered to the undersigned within
sixty (60) days after the Proposal Due Date, or any time thereafter before it is withdrawn, the undersigned shall
meet a representative of the Gilbane Glastonbury office or a mutually agreed upon location to execute the
Contract. Performance and Payment Bonds and the appropriate insurance certificates will be delivered to the
Construction Manager at the time of execution of the Contract. Failure to execute said contract within ten (10)
days after receipt of Notice to Award may be considered a default under the obligation of the bid bond.
D. The above price includes all stipulations and requirements of the following Supplements:
Supplement ___ dated ____________________ Supplement ____ dated _____________________
Supplement ___ dated ____________________ Supplement ____ dated _____________________
Supplement ___ dated ____________________ Supplement ____ dated _____________________
Supplement ___ dated ____________________ Supplement ____ dated _____________________
which have been received and accepted by the undersigned. Note that it is incumbent of the bidder to include all
Supplements issued in the bid. Failure to acknowledge a supplement does not relieve the bidder from the
requirements of the supplement.
See Gilbane Project Manual for the project schedule. This schedule represents the general milestones that must be
met to achieve the overall project completion dates, and provides guidance to the bidders to understand the time
constraints the work must be performed under. The project detailed schedule, in accordance with the terms of the
Contract, General Conditions, and Special Conditions will be derived from pull planning scheduling sessions with
mandatory attendance by all prime Trade Contractors.
Bidders shall include two (2), eight (8) hour days of non-productive superintendent / foreman time to attend one
phase pull planning and weekly work planning.
A 5 step lean collaborative scheduling approach will be utilized on this project. All Trade Contractors shall
participate in this process. The 5 steps are:
1. Phase Scheduling – All Trade Contractors shall attend multiple pull planning sessions for a collaborative
approach to specify handoffs, project sequence, commitments, coordination and work flow. These
sessions will detail the milestone schedule and be issued as zero dollar amendments to all trade
contractors.
2. Look-ahead Planning – 6 Week Make Ready Schedules – At weekly Trade Contractor meetings, Trade
Contractors shall identify constraints, confirm procurement, and continuity of commitments.
3. Weekly Work Planning –Trade Contractors shall submit their two week look a-head schedule in order to
coordinate their work plan at the Trade Contractor meeting. At the weekly trade meeting, the handoffs
and sequence agreed upon at the pull plan sessions will be detailed into daily commitments.
4. Learning – At the weekly Trade Contractor meeting the planned percent complete (PPC) will be
measured against the weekly work plan.
5. Daily Planning and Commitment - Daily huddles are required for ALL foremen on the jobsite for 10
minutes. These huddles will confirm that the daily tasks were completed. If they were not completed, an
alternate plan for the next day will be discussed.
Milestone Schedule:
1. Anticipated Date of Contract Award: ............................................ November 17, 2017
2. Commence Submittals ................................................................... November 20, 2017
3. Commence Work for the Proposal:................................................ August 1, 2018
4. Bid Package Substantial Completion ............................................. January 9, 2019
5. Certificate of Occupancy: .............................................................. January 16, 2019
The following trade subcontractors are proposed for the item of work listed. Trade subcontractors are subject to
review per the General Conditions.
1. The contract to be awarded is subject to contract compliance requirements mandated by Sections 4a-60
and 4a- 60a of the Connecticut General Statutes; and, Sections 46a-71(d) and 46a-81i(d) of the
Connecticut General Statutes. There are Contract Compliance Regulations codified at Section 46a-68j-21
through 43 of the Regulations of Connecticut State Agencies, which establish a procedure for awarding
all contracts covered by Sections 4a-60 and 46a-71(d) of the Connecticut General Statutes.
2. The Bidder will endeavor to obtain a minimum goal of twenty-five percent (25%) of the awarded amount
to small business enterprises, with six and one quarter percent (6.25%) of the awarded amount to minority
business trade subcontractors and/or suppliers certified by the State of Connecticut.
3. The successful Trade Contractor shall substantiate this participation within ten (10) days after receipt of
Notice of Award. Refer to the General Instruction to Bidders for further information.
4. Indicate here the utilization of certified S/MBEs included in the base bid. Failure to comply with M/WBE
participation goals may constitute a non-responsive proposal. IF NO INDICATION IS GIVEN, IT
SHALL BE INTERPRETED THAT ZERO M/WBE PARTICIPATION IS INCLUDED.
5. S/MBE participation shall count toward stipulated contractual goals or requirements only allowed by
Connecticut General Statutes and CHRO Regulations.
H. UNIT PRICES
Unit Prices shall be used, where applicable, to make adjustments to the cost of the Work due to changes. All Unit
Prices submitted shall be complete in-place prices (unless noted otherwise) and include all costs for overhead,
profit, labor, materials, equipment, and any other incidentals related to the completion of the Work, and shall
remain firm for the period of the contract. Unit prices listed are for additive work. Deductive unit prices in all
cases are to calculated the same as additive unit prices (100% if used in conjunction with an allowance).
UNIT PRICES:
None.
Provide labor rates which may be used, subject to review and approval, in pricing any extra work that may be
required. Rates are to be complete billing rates and are to include actual wages, taxes, fringes, insurance, small
tools and incidentals. Overhead and profit is subject to the requirements included in Article 12.1 of the sample
Trade Contact Agreement. Base price on current rates in effect at time of bid. As prevailing wages and fringes
rate change, these increases will be added to the labor rates at actual cost. Increases in wage rates are subject to
audit. Complete the attached Wage Rate Breakdown Form for each classification of worker anticipated to work on
the Project.
I. ALTERNATE PRICES
An Alternate Price shall include all costs associated with the changes, omissions, additions or other adjustments to
the Work of this Bid Package (Contract) which are described in the Alternate, or are reasonably inferable
therefrom. Claims for extras resulting from changes caused by the acceptance or rejection of any Alternate will
not be allowed. Alternate Prices shall also include all costs of overhead, profit and bonds associated with the work
of the Alternate, whether additive or deductive.
The Drawings, Specifications and other Contract Documents shall be considered appropriately modified by either
the acceptance or rejection of the various Alternates. The Owner and the Construction Manager expressly reserve
the right to accept or reject any, or all, Alternate Prices, and in any sequence prior to or after award. Acceptance
or rejection of any Alternate does not relieve the Bidder of timely completion of the Work within the time periods
indicated.
ALTERNATES:
None
J. ALLOWANCES
The Bidder includes the following Allowances and rates in the total Lump Sum Amount of the Base Bid for this
Bid Package. Further to Article 10 in the General Conditions and unless noted otherwise below, the following
allowance amounts include the Trade Contractor’s cost of materials less applicable discounts, delivery to the site,
applicable taxes, unloading, handling, installation, allowable overhead and profit. All other costs associated with
completing the work described in the allowance is included in the base bid but outside of the allowance amount.
Utilize the Unit Price values stipulated in Section H Unit Prices above to calculate allowance values below.
ALLOWANCES:
1. Include 200 man hours of elevator Operator Run time for temporary elevator use. Restore to like new
condition at the end of temporary usage. Usage is to not affect the warrantee period after acceptance.
This allowance shall not be utilized for the requirements of Section L, Specific Scope of Work item 10.
2. Fifteen Thousand Dollars ($15,000) for additional overtime work (premium portion only) as directed by
the Gilbane On-site Supervision.
In order to properly evaluate the Proposal, provide the following information. The Scope of Work to be awarded
will not be influenced by the cost and quantity information requested here.
1. COST BREAKDOWN
2. QUANTITY BREAKDOWN (Note: The items listed below are not intended to be an all inclusive
listing, but merely to highlight some items of work.)
L. SCOPE OF WORK
Except for those items (if any) specifically noted in the section below entitled "Description of Work
Excluded", the Work of this Bid Package shall INCLUDE all of the following:
a. All items of work required by, and/or specified in, those Sections of the Specifications which are
listed herein, under Section M SPECIFICATIONS.
b. All items of work related to the "Scope of Work", which are shown on the Drawings listed herein
under Section N Contract Drawings.
c. The following "Significant Items of Work" are related to those required by the above referenced
documents and are to be provided under, and hereby form a part of, the Scope of Work of this Bid
Package (Contract). Should any conflict exist between this written scope of work and the scope of
work inferred by the above referenced documents, this scope of work shall govern. All items are
furnished and installed by this Trade Contractor unless noted otherwise.
GENERAL
1. Safety is the top priority. All work will be performed in strict accordance with all
Federal, State, Local Safety Regulations and the Gilbane Safety Plan. The most stringent
requirements will apply. This includes mandatory hardhats, safety glasses, safety vests
and specifically Gilbane’s “six foot fall rule”. All workers on their first day on site are
required to view a 20-minute safety video, which will be shown daily at Gilbane’s Office
Trailer at the start of each working day. Every worker is required to participate in the
Stretch and Flex program prior to starting work everyday. The Construction Manager will
lead the Stretch and Flex program for 15 minutes starting at 7:00 am. The Trade
Contractor is responsible for providing their personnel with the appropriate safety
gear/equipment for their work. Confined space gear is required for all work in
manholes/catch basins/ tunnels beneath the building.
2. Provide daily clean up of your work areas and all your debris. Daily clean up is defined
as properly removing all debris, neatly organizing remaining material and broom
sweeping work areas after completion of the day’s work at a minimum of EVERY
SINGLE DAY and as required to maintain a safe work area and jobsite.
3. Trade Contractor will not be allowed to begin work on the project until the following
items have been submitted: Signed Contract, Certificate of Insurance with attached
additional insured endorsement(s), written Safety Program, material status report and a
list of all materials required under this Contract with indication of which materials
require submittal for approval as outlined in the specifications.
5. Each Trade Contractor will be responsible for his own engineering and layout for the
execution of his work. Benchmarks and horizontal axis will be established by the
Construction Manager and will be transferred to slabs at each floor level. All layout is to
proceed from these established benchmarks/axis.
6. There will be no deviations from the submittal format established by the Project
Specifications. It is the Trade Contractor’s responsibility to complete submittals in a
timely fashion, and to monitor the status of the A/E review. The Trade Contractors shall
provide a Submittal Schedule no later than ten (10) days following the receipt of the
Notice of Award. Include attendance and participation at a “pre-submittal” meeting to
review all requirements. All submittals must be received by Construction Manager within
60 days of award, or earlier as required to meet delivery schedules. Include in the
schedule a listing for any equipment or materials where shop drawings will take more
than 4 weeks to prepare, and for equipment or materials that will take more than 6 weeks
to arrive following shop drawing approval. The initial material status report must also be
submitted with the submittal schedule and must show the projected dates for approved
submittals, fabrication and delivery.
7. This project will meet the requirements for Connecticut High Performance Building
Standards; this Trade Contractor will participate in Pre-bid Meetings and any activities
necessary during the execution of your work to meet these standards. Including but not
limited to, Construction Waste Management, Green Building Materials, use of local
materials, etc. All costs associated with meeting the Connecticut High Performance
Building Standards shall be included in the Trade Contractors proposal. All submittal
items required to document compliance with the Connecticut High Performance Building
Standards will be completed in a timely fashion.
8. Gilbane has automated its monthly payment application process and solely utilizes an
online web-based application provided by Textura LLC. Trade contractors will be
required to participate and must implement Textura on the project.
Textura will automatically generate the AIA G702/703 and Lien Release Documents.
Any additional documentation required as part of the Gilbane application process must be
uploaded in the form of a PDF prior to your submission.
There is a nominal fee to use this service. These costs are summarized in the Textura
brochure included in Section 00 62 90.9 of the Gilbane Project Manual. The costs of
using this service must be included in your bid. If you have any questions regarding
Textura’s Terms and Conditions, costs of service, or training implementation please
contact Textura at 866-TEXTURA (839-8872).
9. Any payment for overtime work, if authorized as an extra, is for labor, and not for
equipment provided on site during regular shifts for base contract work. Trade
contractors are obligated to perform contract, change order and/or time and material work
on overtime or during off hours when so directed by the Construction Manager. Trade
contractors are obligated to provide the additional labor as required to perform change
order work as needed to maintain progress and meet base contract schedule requirements.
If additional work is requested, authorized and directed to be performed on a time and
material basis or otherwise during regular hours, the trade contractor shall provide the
necessary manpower to perform the work during regular hours without impacting the
progress of contract work.
10. The items listed herein are not intended to be an all-inclusive listing of the specified
Contract Scope of Work, but merely highlight the major items of work. Review the
Contract Documents for work by this Trade Contractor included within the other
specification sections. Include all work within your specific scope of work which
contained in other specifications, or on drawings whether or not specifically listed within
the Proposal Form.
12. Each Trade Contractor, where applicable, shall receive, unload, and distribute, secure and
install all materials furnished by others for installation as indicated within its specific
scope of work and the contract documents.
13. All equipment used on the Jobsite shall have state of the art noise, vibration and exhaust
control, scrubbers shall be installed as required to meet all applicable laws, ordinances
and regulations.
14. All Trade Contractors are responsible for security of materials, equipment, and work in
place until acceptance as it relates to your work. This includes the security and safety of
your area(s) of work and includes providing safety barriers, safety signals, warning
signage and precautions for the protection of all during normal work hours and off-hours.
15. Temporary toilet facilities will be provided by others at the site for the Trade Contractor's
use.
16. Coordinate and cooperate with other Trade Contractors for the installation and/or testing
of their work.
17. Protect all existing construction adjacent to the work of this bid package. Adequately and
safely secure work whenever it is not manned and at the conclusion of each day. Provide
and maintain protection for all equipment and material provided under this contract. Also
include the protection of workers on the site, the public and other property as it relates to
the execution of the work of this Bid Package.
18. Provide all shoring, bracing, staging, scaffolding, hoisting and/or rigging required to
complete your work including any breakdown of equipment required to bring the
equipment into the building and install it without cutting existing or new construction.
This trade contractor shall be responsible for all costs associated with making and
repairing openings in existing or new construction required beyond what is indicated in
the contract documents to install his work. Take note of building access and make
provisions to ensure that equipment will fit through permanent doorways and/or structure.
19. Maintain the integrity of perimeter safety systems during the performance of your work
until such time it is no longer needed. Any components of the perimeter safety system
that are required to stay in place and were disconnected by a trade contractor shall be
reconnected by the same trade contractor as required to ensure continuous safety
measures. At all times provide protection of the perimeter openings regardless of whether
or not the perimeter safety system as described in the safety plan is in place or not.
20. All deliveries, storage areas and lay down areas must be coordinated with the
Construction Manager. Provide all measures necessary to ensure the protection and
security of your materials until they are accepted by the Owner and move materials if
they are interfering with the progress of other trade contractors.
21. Verify that all equipment and material which are provided under this contract are
installed with adequate and code compliant access for service provided.
22. Provide all temporary power needed for your office/break/storage trailers or similar
facilities (including hook-ups). Cost of Utility power consumption will not be paid by
others.
23. File for and obtain all required permits for your work. This Trade Contractor and all its
subcontractors shall obtain all permits required and arrange for testing, inspection and
approval of this work, such that the work of other trades can progress in a continuous
manner. Provide the Construction Manager with copies of all permits prior to the start of
work. General building permit fees will be paid by others (Owner), the trade contractor
is responsible for obtaining and paying for licensing fees and utility taping fees.
24. Provide all lighting, ventilation and power that may be required to perform any work of
this bid package.
25. Should the Architect allow the use of its CAD files for coordination or other purposes,
this Trade Contractor shall sign the required release forms.
26. Submit, receive approval, and deliver their equipment and material to the required point
of use in timely manner so as to maintain the project schedule as prepared by the
Construction Manager.
27. Include all traffic control, police details, signage and barricades required on-site and off-
site to maintain vehicle and pedestrian traffic and coordinate concurrent trade contractor
access to construction area all as required to complete the work of this Bid Package.
Include all signage required by the local governing authority, permits and fee’s where
applicable.
28. Provide to the Construction Manager, at least ten (10) days prior to mobilization, the
following: A work plan and schedule detailing all means and methods, sequence/flow of
work, worker and site supervisor manpower utilization, copies of all applicable licenses,
first aid certificates, CPR certificates, a site specific Health and Safety Plan and copies of
all Applicable Contractor Licenses.
29. The Construction Manager must receive the required data prior to processing this Trade
Contractor’s request for monthly and/or final payment. Failure to provide the required
data in a timely enough manner so as to allow the Construction Manager and others to
review and approve the data prior to the submission deadline will result in the trade
contractor’s application for payment being delayed until the next billing cycle.
30. Include snow removal as necessary to perform your work. Provide site snow removal and
sanding as required outside of the footprint of the building. Snow removal at any other
areas required to complete the work of this Bid Package is to be provided by this Trade
Contractor.
31. Participate with the inspection walkthroughs as requested by the Construction Manager.
Provide suitable access for inspectors to perform all tests or inspections. Trade Contractor
supplied temporary ladders and lifts to perform their work are to be available for the use
of all parties.
32. Refer to perimeter fencing and gates as indicated on the Site Logistics Plans included in
Phase 1 documents. The site contractor will provide all fencing and it is each trade
contractor’s responsibility to keep the gates closed when entering or exiting the site. The
gates shall be closed at all times. This will be included as part of the initial orientation
process but must be reinforced by the trade contractor’s project manager and field
supervisor.
Construction Manager will not layout, log, record, or otherwise provide actual work or
service related to the Trade Contractor’s scope of work, inclusive of Division 0 and
Division 1 specifications.
34. Refer to drawings SL1 through SL-6 for site logistics and include all provisions
accordingly.
SPECIFIC ITEMS:
1. Provide all labor, materials, equipment, engineering and services required to complete all
Elevators and all other related work shown, indicated and specified within the contract
documents.
3. Provide all Elevator cab construction and finishes with the exception of the finish
flooring.
4. Provide an elevator that meets the requirements for the specifications and drawings for
size, configuration, and location of the doors. In the event the your product differs from
the specified requirements and/or dimensions, clearly identify each and every difference
by listing the specified requirement/dimension and the deviation of your product. Attach
the listing to the bid.
5. Obtain and pay for any permits required for this work, including the State elevator
permit.
6. Perform a survey of conditions related to this Bid Package prior to the start of work.
Submit survey to Construction Manager and report any discrepancies immediately. Do
not proceed with work until discrepancies have been addressed.
7. Provide for off-site acceptance and storage of elevator materials as required until the
project site is ready for deliveries/installation. Include for separate mobilizations as may
be required to install elevator machinery and supplemental support system/grating in
sequence of building structural support system/precast plank roof structure. Coordinate
with Gilbane On-site Supervision for deliveries and installation.
8. Power will be provided by the Electrical Trade Contractor up to the controller. Final
terminations are by the Elevator Trade Contractor. All additional wiring on the elevator /
lift side of the controller is by the Elevator Trade Contractor
10. Provide free use of platform/car with operator for use by other trades to complete their
work in the shaft. The allowance in Section J shall not be utilized for this scope of work
item.
12. Coordinate work with fire alarm, security, electrical, and all other Trade Contractors as
necessary to complete work.
13. Concrete or masonry embedded inserts and sleeves, if required, are to be furnished by
this Trade Contractor (14A). Provide accurate layout for installation of these embedded
inserts by others. Verify field conditions prior to providing layout. This Trade Contractor
shall be responsible to core drill, install, and patch inserts and/or sleeves not provided
during the construction of a wall requiring an insert/sleeve.
14. Provide for provisions to mechanically fasten elevator brackets to precast. Brackets will
not be cast into the precast.
15. At least three weeks prior to any inspection provide a listing of open items, regardless of
responsibility, that would need to be completed for the elevator to pass inspection.
16. Safety barriers will be provided by others at the shaft. This Trade Contractor (14A) is
responsible for removal and replacement of safety barriers as required daily to complete
the work.
17. Provide all required hoisting, lifts, staging, cranes required to complete the work of this
Trade Contractor, including setting machine at top of hoistway beams.
18. Elevator Hoist and Divider Beams are provided by others. Provide any additional steel
beams, brackets, clips, angles, plates, etc. required to complete the work.
19. Provide all elevator door sill assembly and framing including, but not limited to, brackets,
clip angles, sill angle supports, rail bracket extensions, plates, etc. as required for this
work which is or is not indicated on the drawings.
20. Provide and maintain protection of the elevator cabs until accepted by the Owner as
outlined in the specifications.
The following specific item(s) of work contained in the above referenced documents are EXCLUDED from the
work of this Bid Package (Contract):
1. Flooring
M. SPECIFICATIONS
The following Specifications Sections, together with the Drawings and other related items of work as described
herein, further define the Scope of Work of the Bid Package (Contract) Note these lists may be modified by Bid
Supplements and Addenda.
All Division 00
All Division 01
Section 14 21 00 Electric Traction Elevators
Addendum #1, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated July 14, 2017.
Addendum #2, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated July 24, 2017.
Addendum #3, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated July 28, 2017.
Addendum #4, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated July 31, 2017.
Addendum #5, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated August 30, 2017.
Addendum #6, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated October 2, 2017.
N. CONTRACT DRAWINGS
1. The following drawings are included in the Scope of Work of this Bid Package.
All drawings as listed on Cover Sheet G 1.00 dated 6/15/2017 for The State Office Building
Renovations and New Parking Garage project, State of Connecticut Project No. BI-2B-381. Note
this list may be modified by Bid Addenda and Architectural Addenda.
O. The undersigned represents that this Proposal is made in good faith, without fraud, collusion, or connection of any
kind with any other bidder of the same work, that he is competing in his own interest and in his own behalf,
without connection of obligation to any undisclosed person, that no other person has any interest in regard to all
conditions pertaining to the Work and in regard to the place where it is to be done, has made his own examination
and estimates and from them makes this Proposal.
The undersigned represents that he has reviewed the Trade Contract Agreement issued as part of the bidding
documents, agrees that if selected for award he will execute the Trade Contract Agreement without exceptions,
exclusions, qualifications, clarifications and/or alterations, and is authorized to make such representation on
behalf of the Bidder.
The undersigned represents that he has reviewed the insurance requirements in Article 6 of the Trade Contract
Agreement, has included all costs to fully comply with same, and is authorized to make this representation on
behalf of the Bidder.
Bidder:___________________________________ _________________________________
(Legal Signature) (Type/Print Name)
_________________________________
(Title)
Firm:____________________________________ Address:__________________________
Business Phone No.: (___)___________________ _________________________________
Business Fax No.: (___)___________________
This bidder is a (an): Individual, Partnership, Corporation
Current Experience Modification Rating Federal ID# _____________________
OSHA Incident Rates: Recordable
List here by title and number all licenses held by the bidder associated with the performance of this work.
License Title License Number
______________________________ ____________________________
______________________________ ____________________________
______________________________ ____________________________
Indicate the name of the health plan(s) to which benefits will be paid for all employees working on this
project._________________________________________________________________
The full names, addresses and telephone numbers of all persons interested in this Proposal, as principals are as
follows:
NOTE: This Proposal must bear the written signature of the Bidder.
a. If the Bidder is an Individual doing business under a name other than his own name, the Proposal must so
state, giving the address of the Individual.
b. If the Bidder is a Partnership, the Proposal must so state, setting forth the names and addresses of all
Partners, and must be signed by a Partner so designated as such.
c. If the Bidder is a Corporation, the Proposal must be signed by a duly authorized officer or agent of such
Corporation.
** Note: Bidder may provide wage rates on its own form in lieu of this page provided all cost items are individually
indicated in the breakdown provided.
A. Proposes to furnish all labor, materials, equipment and services as required to satisfactorily complete all Parking
Garage Site Concrete, Paving, and Curbing herein described as Bid Package No. 31B as required for the
construction and renovations activities at The State Office Building and New Parking Garage project, all in
accordance with the Drawings and Specifications as prepared by Amenta|Emma Architects P.C., the Gilbane
Project Manual, and this Proposal Form.
B. All work required by the foregoing documents will be accomplished for the Lump Sum Bid Price of
___________________________________________________________________________________________
______________________________________________________________Dollars ($ ).
(Show amount in both words and figures. In case of discrepancy, amount shown in words will govern.)
The Lump Sum Bid Price above INCLUDES all applicable sales and/or use taxes; INCLUDES all insurance
premiums required to meet contractual insurance requirements; and INCLUDES all premiums for a Performance
Bond and a Labor and Material Payment Bond in the sum of one hundred percent of the Contract price.
C. Bidder agrees that if written notice of the acceptance of this bid is mailed or delivered to the undersigned within
sixty (60) days after the Proposal Due Date, or any time thereafter before it is withdrawn, the undersigned shall
meet a representative of the Gilbane Glastonbury office or a mutually agreed upon location to execute the
Contract. Performance and Payment Bonds and the appropriate insurance certificates will be delivered to the
Construction Manager at the time of execution of the Contract. Failure to execute said contract within ten (10)
days after receipt of Notice to Award may be considered a default under the obligation of the bid bond.
D. The above price includes all stipulations and requirements of the following Supplements:
Supplement ___ dated ____________________ Supplement ____ dated _____________________
Supplement ___ dated ____________________ Supplement ____ dated _____________________
Supplement ___ dated ____________________ Supplement ____ dated _____________________
Supplement ___ dated ____________________ Supplement ____ dated _____________________
which have been received and accepted by the undersigned. Note that it is incumbent of the bidder to include all
Supplements issued in the bid. Failure to acknowledge a supplement does not relieve the bidder from the
requirements of the supplement.
See Gilbane Project Manual for the project schedule. This schedule represents the general milestones that must be
met to achieve the overall project completion dates, and provides guidance to the bidders to understand the time
constraints the work must be performed under. The project detailed schedule, in accordance with the terms of the
Contract, General Conditions, and Special Conditions will be derived from pull planning scheduling sessions with
mandatory attendance by all prime Trade Contractors.
Bidders shall include two (2), eight (8) hour days of non-productive superintendent / foreman time to attend one
phase pull planning and weekly work planning.
A 5 step lean collaborative scheduling approach will be utilized on this project. All Trade Contractors shall
participate in this process. The 5 steps are:
1. Phase Scheduling – All Trade Contractors shall attend multiple pull planning sessions for a collaborative
approach to specify handoffs, project sequence, commitments, coordination and work flow. These
sessions will detail the milestone schedule and be issued as zero dollar amendments to all trade
contractors.
2. Look-ahead Planning – 6 Week Make Ready Schedules – At weekly Trade Contractor meetings, Trade
Contractors shall identify constraints, confirm procurement, and continuity of commitments.
3. Weekly Work Planning –Trade Contractors shall submit their two week look a-head schedule in order to
coordinate their work plan at the Trade Contractor meeting. At the weekly trade meeting, the handoffs
and sequence agreed upon at the pull plan sessions will be detailed into daily commitments.
4. Learning – At the weekly Trade Contractor meeting the planned percent complete (PPC) will be
measured against the weekly work plan.
5. Daily Planning and Commitment - Daily huddles are required for ALL foremen on the jobsite for 10
minutes. These huddles will confirm that the daily tasks were completed. If they were not completed, an
alternate plan for the next day will be discussed.
Milestone Schedule:
1. Anticipated Date of Contract Award: ............................................ November 17, 2017
2. Commence Submittals ................................................................... November 20, 2017
3. Commence Work for the Proposal:................................................ October 29, 2018
4. Bid Package Substantial Completion ............................................. December 10, 2018
5. Certificate of Occupancy: .............................................................. January 16, 2019
The following trade subcontractors are proposed for the item of work listed. Trade subcontractors are subject to
review per the General Conditions.
1. The contract to be awarded is subject to contract compliance requirements mandated by Sections 4a-60
and 4a- 60a of the Connecticut General Statutes; and, Sections 46a-71(d) and 46a-81i(d) of the
Connecticut General Statutes. There are Contract Compliance Regulations codified at Section 46a-68j-21
through 43 of the Regulations of Connecticut State Agencies, which establish a procedure for awarding
all contracts covered by Sections 4a-60 and 46a-71(d) of the Connecticut General Statutes.
2. The Bidder will endeavor to obtain a minimum goal of twenty-five percent (25%) of the awarded amount
to small business enterprises, with six and one quarter percent (6.25%) of the awarded amount to minority
business trade subcontractors and/or suppliers certified by the State of Connecticut.
3. The successful Trade Contractor shall substantiate this participation within ten (10) days after receipt of
Notice of Award. Refer to the General Instruction to Bidders for further information.
4. Indicate here the utilization of certified S/MBEs included in the base bid. Failure to comply with M/WBE
participation goals may constitute a non-responsive proposal. IF NO INDICATION IS GIVEN, IT
SHALL BE INTERPRETED THAT ZERO M/WBE PARTICIPATION IS INCLUDED.
5. S/MBE participation shall count toward stipulated contractual goals or requirements only allowed by
Connecticut General Statutes and CHRO Regulations.
H. UNIT PRICES
Unit Prices shall be used, where applicable, to make adjustments to the cost of the Work due to changes. All Unit
Prices submitted shall be complete in-place prices (unless noted otherwise) and include all costs for overhead,
profit, labor, materials, equipment, and any other incidentals related to the completion of the Work, and shall
remain firm for the period of the contract. Unit prices listed are for additive work. Deductive unit prices in all
cases are to calculated the same as additive unit prices (100% if used in conjunction with an allowance).
UNIT PRICES:
Provide labor rates which may be used, subject to review and approval, in pricing any extra work that may be
required. Rates are to be complete billing rates and are to include actual wages, taxes, fringes, insurance, small
tools and incidentals. Overhead and profit is subject to the requirements included in Article 12.1 of the sample
Trade Contact Agreement. Base price on current rates in effect at time of bid. As prevailing wages and fringes
rate change, these increases will be added to the labor rates at actual cost. Increases in wage rates are subject to
audit. Complete the attached Wage Rate Breakdown Form for each classification of worker anticipated to work on
the Project.
I. ALTERNATE PRICES
An Alternate Price shall include all costs associated with the changes, omissions, additions or other adjustments to
the Work of this Bid Package (Contract) which are described in the Alternate, or are reasonably inferable
therefrom. Claims for extras resulting from changes caused by the acceptance or rejection of any Alternate will
not be allowed. Alternate Prices shall also include all costs of overhead, profit and bonds associated with the work
of the Alternate, whether additive or deductive.
The Drawings, Specifications and other Contract Documents shall be considered appropriately modified by either
the acceptance or rejection of the various Alternates. The Owner and the Construction Manager expressly reserve
the right to accept or reject any, or all, Alternate Prices, and in any sequence prior to or after award. Acceptance
or rejection of any Alternate does not relieve the Bidder of timely completion of the Work within the time periods
indicated.
ALTERNATES:
None
J. ALLOWANCES
The Bidder includes the following Allowances and rates in the total Lump Sum Amount of the Base Bid for this
Bid Package. Further to Article 10 in the General Conditions and unless noted otherwise below, the following
allowance amounts include the Trade Contractor’s cost of materials less applicable discounts, delivery to the site,
applicable taxes, unloading, handling, installation, allowable overhead and profit. All other costs associated with
completing the work described in the allowance is included in the base bid but outside of the allowance amount.
Utilize the Unit Price values stipulated in Section H Unit Prices above to calculate allowance values below.
ALLOWANCES:
1. Five Thousand Dollars ($5,000) for additional cleanup and safety as directed by the Gilbane On-site
Supervision.
2. Five Thousand Dollars ($5,000) for overtime (premium portion only) as directed by the Gilbane On-site
Supervision.
In order to properly evaluate the Proposal, provide the following information. The Scope of Work to be awarded
will not be influenced by the cost and quantity information requested here.
1. COST BREAKDOWN
2. QUANTITY BREAKDOWN (Note: The items listed below are not intended to be an all inclusive
listing, but merely to highlight some items of work.)
L. SCOPE OF WORK
Except for those items (if any) specifically noted in the section below entitled "Description of Work
Excluded", the Work of this Bid Package shall INCLUDE all of the following:
a. All items of work required by, and/or specified in, those Sections of the Specifications which are
listed herein, under Section M SPECIFICATIONS.
b. All items of work related to the "Scope of Work", which are shown on the Drawings listed herein
under Section N Contract Drawings.
c. The following "Significant Items of Work" are related to those required by the above referenced
documents and are to be provided under, and hereby form a part of, the Scope of Work of this Bid
Package (Contract). Should any conflict exist between this written scope of work and the scope of
work inferred by the above referenced documents, this scope of work shall govern. All items are
furnished and installed by this Trade Contractor unless noted otherwise.
GENERAL
1. Safety is the top priority. All work will be performed in strict accordance with all
Federal, State, Local Safety Regulations and the Gilbane Safety Plan. The most stringent
requirements will apply. This includes mandatory hardhats, safety glasses, safety vests
and specifically Gilbane’s “six foot fall rule”. All workers on their first day on site are
required to view a 20-minute safety video, which will be shown daily at Gilbane’s Office
Trailer at the start of each working day. Every worker is required to participate in the
Stretch and Flex program prior to starting work everyday. The Construction Manager will
lead the Stretch and Flex program for 15 minutes starting at 7:00 am. The Trade
Contractor is responsible for providing their personnel with the appropriate safety
gear/equipment for their work. Confined space gear is required for all work in
manholes/catch basins/ tunnels beneath the building.
2. Provide daily clean up of your work areas and all your debris. Daily clean up is defined
as properly removing all debris, neatly organizing remaining material and broom
sweeping work areas after completion of the day’s work at a minimum of EVERY
SINGLE DAY and as required to maintain a safe work area and jobsite.
3. Trade Contractor will not be allowed to begin work on the project until the following
items have been submitted: Signed Contract, Certificate of Insurance with attached
additional insured endorsement(s), written Safety Program, material status report and a
list of all materials required under this Contract with indication of which materials
require submittal for approval as outlined in the specifications.
5. Each Trade Contractor will be responsible for his own engineering and layout for the
execution of his work. Benchmarks and horizontal axis will be established by the
Construction Manager and will be transferred to slabs at each floor level. All layout is to
proceed from these established benchmarks/axis.
6. There will be no deviations from the submittal format established by the Project
Specifications. It is the Trade Contractor’s responsibility to complete submittals in a
timely fashion, and to monitor the status of the A/E review. The Trade Contractors shall
provide a Submittal Schedule no later than ten (10) days following the receipt of the
Notice of Award. Include attendance and participation at a “pre-submittal” meeting to
review all requirements. All submittals must be received by Construction Manager within
60 days of award, or earlier as required to meet delivery schedules. Include in the
schedule a listing for any equipment or materials where shop drawings will take more
than 4 weeks to prepare, and for equipment or materials that will take more than 6 weeks
to arrive following shop drawing approval. The initial material status report must also be
submitted with the submittal schedule and must show the projected dates for approved
submittals, fabrication and delivery.
7. This project will meet the requirements for Connecticut High Performance Building
Standards; this Trade Contractor will participate in Pre-bid Meetings and any activities
necessary during the execution of your work to meet these standards. Including but not
limited to, Construction Waste Management, Green Building Materials, use of local
materials, etc. All costs associated with meeting the Connecticut High Performance
Building Standards shall be included in the Trade Contractors proposal. All submittal
items required to document compliance with the Connecticut High Performance Building
Standards will be completed in a timely fashion.
8. Gilbane has automated its monthly payment application process and solely utilizes an
online web-based application provided by Textura LLC. Trade contractors will be
required to participate and must implement Textura on the project.
Textura will automatically generate the AIA G702/703 and Lien Release Documents.
Any additional documentation required as part of the Gilbane application process must be
uploaded in the form of a PDF prior to your submission.
There is a nominal fee to use this service. These costs are summarized in the Textura
brochure included in Section 00 62 90.9 of the Gilbane Project Manual. The costs of
using this service must be included in your bid. If you have any questions regarding
Textura’s Terms and Conditions, costs of service, or training implementation please
contact Textura at 866-TEXTURA (839-8872).
9. Any payment for overtime work, if authorized as an extra, is for labor, and not for
equipment provided on site during regular shifts for base contract work. Trade
contractors are obligated to perform contract, change order and/or time and material work
on overtime or during off hours when so directed by the Construction Manager. Trade
contractors are obligated to provide the additional labor as required to perform change
order work as needed to maintain progress and meet base contract schedule requirements.
If additional work is requested, authorized and directed to be performed on a time and
material basis or otherwise during regular hours, the trade contractor shall provide the
necessary manpower to perform the work during regular hours without impacting the
progress of contract work.
10. The items listed herein are not intended to be an all-inclusive listing of the specified
Contract Scope of Work, but merely highlight the major items of work. Review the
Contract Documents for work by this Trade Contractor included within the other
specification sections. Include all work within your specific scope of work which
12. Each Trade Contractor, where applicable, shall receive, unload, and distribute, secure and
install all materials furnished by others for installation as indicated within its specific
scope of work and the contract documents.
13. All equipment used on the Jobsite shall have state of the art noise, vibration and exhaust
control, scrubbers shall be installed as required to meet all applicable laws, ordinances
and regulations.
14. All Trade Contractors are responsible for security of materials, equipment, and work in
place until acceptance as it relates to your work. This includes the security and safety of
your area(s) of work and includes providing safety barriers, safety signals, warning
signage and precautions for the protection of all during normal work hours and off-hours.
15. Temporary toilet facilities will be provided by others at the site for the Trade Contractor's
use.
16. Coordinate and cooperate with other Trade Contractors for the installation and/or testing
of their work.
17. Protect all existing construction adjacent to the work of this bid package. Adequately and
safely secure work whenever it is not manned and at the conclusion of each day. Provide
and maintain protection for all equipment and material provided under this contract. Also
include the protection of workers on the site, the public and other property as it relates to
the execution of the work of this Bid Package.
18. Provide all shoring, bracing, staging, scaffolding, hoisting and/or rigging required to
complete your work including any breakdown of equipment required to bring the
equipment into the building and install it without cutting existing or new construction.
This trade contractor shall be responsible for all costs associated with making and
repairing openings in existing or new construction required beyond what is indicated in
the contract documents to install his work. Take note of building access and make
provisions to ensure that equipment will fit through permanent doorways and/or structure.
19. Maintain the integrity of perimeter safety systems during the performance of your work
until such time it is no longer needed. Any components of the perimeter safety system
that are required to stay in place and were disconnected by a trade contractor shall be
reconnected by the same trade contractor as required to ensure continuous safety
measures. At all times provide protection of the perimeter openings regardless of whether
or not the perimeter safety system as described in the safety plan is in place or not.
20. All deliveries, storage areas and lay down areas must be coordinated with the
Construction Manager. Provide all measures necessary to ensure the protection and
security of your materials until they are accepted by the Owner and move materials if
they are interfering with the progress of other trade contractors.
21. Verify that all equipment and material which are provided under this contract are
installed with adequate and code compliant access for service provided.
22. Provide all temporary power needed for your office/break/storage trailers or similar
facilities (including hook-ups). Cost of Utility power consumption will not be paid by
others.
23. File for and obtain all required permits for your work. This Trade Contractor and all its
subcontractors shall obtain all permits required and arrange for testing, inspection and
approval of this work, such that the work of other trades can progress in a continuous
manner. Provide the Construction Manager with copies of all permits prior to the start of
work. General building permit fees will be paid by others (Owner), the trade contractor
is responsible for obtaining and paying for licensing fees and utility taping fees.
24. Provide all lighting, ventilation and power that may be required to perform any work of
this bid package.
25. Should the Architect allow the use of its CAD files for coordination or other purposes,
this Trade Contractor shall sign the required release forms.
26. Submit, receive approval, and deliver their equipment and material to the required point
of use in timely manner so as to maintain the project schedule as prepared by the
Construction Manager.
27. Include all traffic control, police details, signage and barricades required on-site and off-
site to maintain vehicle and pedestrian traffic and coordinate concurrent trade contractor
access to construction area all as required to complete the work of this Bid Package.
Include all signage required by the local governing authority, permits and fee’s where
applicable.
28. Provide to the Construction Manager, at least ten (10) days prior to mobilization, the
following: A work plan and schedule detailing all means and methods, sequence/flow of
work, worker and site supervisor manpower utilization, copies of all applicable licenses,
first aid certificates, CPR certificates, a site specific Health and Safety Plan and copies of
all Applicable Contractor Licenses.
29. The Construction Manager must receive the required data prior to processing this Trade
Contractor’s request for monthly and/or final payment. Failure to provide the required
data in a timely enough manner so as to allow the Construction Manager and others to
review and approve the data prior to the submission deadline will result in the trade
contractor’s application for payment being delayed until the next billing cycle.
30. Include snow removal as necessary to perform your work. Provide site snow removal and
sanding as required outside of the footprint of the building. Snow removal at any other
areas required to complete the work of this Bid Package is to be provided by this Trade
Contractor.
31. Participate with the inspection walkthroughs as requested by the Construction Manager.
Provide suitable access for inspectors to perform all tests or inspections. Trade Contractor
supplied temporary ladders and lifts to perform their work are to be available for the use
of all parties.
32. Refer to perimeter fencing and gates as indicated on the Site Logistics Plans included in
Phase 1 documents. The site contractor will provide all fencing and it is each trade
contractor’s responsibility to keep the gates closed when entering or exiting the site. The
gates shall be closed at all times. This will be included as part of the initial orientation
process but must be reinforced by the trade contractor’s project manager and field
supervisor.
34. Refer to drawings SL1 through SL-6 for site logistics and include all provisions
accordingly.
SPECIFIC ITEMS:
1. Provide all labor, materials, equipment, engineering and services required to complete all
Paving and Curbing, Concrete Paving, Unit Paving, Tactile Warning Surfaces, Site
Furnishings, and all other related work shown, indicated and specified within the contract
documents.
4. Provide all Site Cast-In-Place concrete including but not limited to: concrete sidewalks,
accessible ramps, seat walls, concrete paving, raised concrete islands at Parking Garage
entry and exit, including islands and ramps within the Parking Garage as shown on
A1.02, cast in place light bollards/foundations, etc., as outlined in the contract
documents.
5. Provide all heavy-duty bituminous concrete paving, reinforced driveway concrete apron,
all curbing and tactile warning surfaces as outlined in the Contract Documents. This
includes the paving associated with the removal and re-installation of the curb around the
perimeter of the site located at Washington and Buckingham roads as well as paving
adjacent to the installation of the concrete driveway apron. Final grading/compaction of
subbase/processed stone/base materials is the responsibility of this trade contractor.
6. Provide all site furnishings, including, but is not limited to, IPE wood blocks, trash
receptacles, raised granite planters, etc.
7. Provide concrete core for exterior granite benches and install IPE wood blocks in
accordance with specification section 12 93 00. Coordinate with Masonry Trade
Contractor to insure proper alignment of IPE wood blocks with granite cladding.
8. Provide concrete traffic barrier with fencing mounted to the top of the barrier along
Washington Street as shown on the Site Logistics plan. Remove and stockpile fencing
previously installed along sidewalk by others. Include existing fence screen transfer to
the newly installed barrier. Remove all concrete barriers and fencing (including barriers
installed by others along Buckingham) as directed by the Construction Manager.
9. Provide all temporary walkway ramps and striping as required to divert pedestrian traffic
from the Washington Street sidewalks during site finishes work.
10. Eradicate temporary striping installed by others as part of the Buckingham Street lane
closure. Provide all striping required to restore Buckingham Street to its original layout.
11. Demolish existing granite curb and adjacent paving strip/subbase, haul off and legally
dispose of same and provide all granite and cast-in-place curbing and associated subbase
materials, trap rock, concrete, etc., as outlined in the contract documents. Include re-
installation/resetting of salvaged granite curbs as identified in the contract documents.
12. Install all pipe bollards furnished by Bid Package 05A and provide concrete fill. Provide
the Decorative and Yellow Polyethylene sleeves for both the Decorative and Utility
bollards as shown in the contract documents.
13. Provide all Transformer Pads, Concrete Landings, and all sub base material associated
with this scope of work. Coordinate with Electrical Trade Contractor as required for
associated scope.
14. Provide precast concrete bases for the precast light pole, ornamental light pole, and
bollard lights. Include all excavation required for installation. Anchor bolts will be
furnished by the Electrical Trade Contractor.
15. Provide for all coordination with the Signage Trade Contractor as necessary.
16. Provide trench drains and connections to site drainage at site cast in place concrete
17. Include removal and disposal of all surplus materials as may be required for the
completion of this scope of work.
18. Perform all layout and surveys required for this work. Verify figures and dimensions
shown on the drawings or indicated in the approved shop drawings before laying out the
work. Verify conditions and dimensions of previously installed work. Report any
perceived inconsistency or error in drawings, layout or previously installed work to the
Construction Manager.
The following specific item(s) of work contained in the above referenced documents are EXCLUDED from the
work of this Bid Package (Contract):
1. Paving associated with the site utility installations within the adjacent roadways.
M. SPECIFICATIONS
The following Specifications Sections, together with the Drawings and other related items of work as described
herein, further define the Scope of Work of the Bid Package (Contract) Note these lists may be modified by Bid
Supplements and Addenda.
All other specification sections as listed in the Project Manual for The State Office
Building Renovations and New Parking Garage project, State of Connecticut Project No.
BI-2B-381, Technical Specifications Table of Contents, dated June 15, 2017 and 100%
Construction Documents Submission as prepared by Amenta|Emma Architects P.C.. Note
this table of contents may be modified by Bid Addenda and Architectural Addenda.
Addendum #1, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated July 14, 2017.
Addendum #2, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated July 24, 2017.
Addendum #3, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated July 28, 2017.
Addendum #4, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated July 31, 2017.
Addendum#5, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated August 30, 2017.
Addendum#6, State Office Building, New Parking Garage Project as prepared by
Amenta|Emma Architects, dated October 2, 2017.
N. CONTRACT DRAWINGS
1. The following drawings are included in the Scope of Work of this Bid Package.
All drawings as listed on Cover Sheet G 1.00 dated 6/15/2017 for The State Office Building
Renovations and New Parking Garage project, State of Connecticut Project No. BI-2B-381. Note
this list may be modified by Bid Addenda and Architectural Addenda.
O. The undersigned represents that this Proposal is made in good faith, without fraud, collusion, or connection of any
kind with any other bidder of the same work, that he is competing in his own interest and in his own behalf,
without connection of obligation to any undisclosed person, that no other person has any interest in regard to all
conditions pertaining to the Work and in regard to the place where it is to be done, has made his own examination
and estimates and from them makes this Proposal.
The undersigned represents that he has reviewed the Trade Contract Agreement issued as part of the bidding
documents, agrees that if selected for award he will execute the Trade Contract Agreement without exceptions,
exclusions, qualifications, clarifications and/or alterations, and is authorized to make such representation on
behalf of the Bidder.
The undersigned represents that he has reviewed the insurance requirements in Article 6 of the Trade Contract
Agreement, has included all costs to fully comply with same, and is authorized to make this representation on
behalf of the Bidder.
Bidder:___________________________________ _________________________________
(Legal Signature) (Type/Print Name)
_________________________________
(Title)
Firm:____________________________________ Address:__________________________
Business Phone No.: (___)___________________ _________________________________
Business Fax No.: (___)___________________
This bidder is a (an): Individual, Partnership, Corporation
Current Experience Modification Rating Federal ID# _____________________
OSHA Incident Rates: Recordable
List here by title and number all licenses held by the bidder associated with the performance of this work.
License Title License Number
______________________________ ____________________________
______________________________ ____________________________
______________________________ ____________________________
Indicate the name of the health plan(s) to which benefits will be paid for all employees working on this
project._________________________________________________________________
The full names, addresses and telephone numbers of all persons interested in this Proposal, as principals are as
follows:
NOTE: This Proposal must bear the written signature of the Bidder.
a. If the Bidder is an Individual doing business under a name other than his own name, the Proposal must so
state, giving the address of the Individual.
b. If the Bidder is a Partnership, the Proposal must so state, setting forth the names and addresses of all
Partners, and must be signed by a Partner so designated as such.
c. If the Bidder is a Corporation, the Proposal must be signed by a duly authorized officer or agent of such
Corporation.
** Note: Bidder may provide wage rates on its own form in lieu of this page provided all cost items are individually
indicated in the breakdown provided.
Any Bidder whose bid is in excess of $500,000 and/or, as listed in Section 00 11 13 Invitation to Bid,
must be prequalified by the State of Connecticut Department of Administrative Services for the
Prequalification Classification for which the bid is submitted. A valid prequalification must be in place at
the time the bid is submitted. Note the prequalification classification requirements are stipulated in the
Invitation to Bid. Each bid submitted for a bid package that has a prequalification requirement must
include a copy of the Bidder’s Prequalification Update (Bid) Statement. Bids falling under the DAS
prequalification requirements from Bidders that are not prequalified at the time of bid and/or do not
include the Prequalification Update (Bid) Statement will be rejected.
Bids for which there is no DAS prequalification category shown or identified as “Prequalification Not
Required” may be required to submit a fully completed and duly executed AIA Document A305 – 1986
Contractor’s Qualification Statement after the bid submission. Failure to submit a requested A305 when
requested may be grounds for rejection.
The Construction Manager reserves the right to request additional documentation as it may require to
establish the credentials of the bidder.
TM
[ ] General Construction
[ ] HVAC
[ ] Electrical
[ ] Plumbing
[ ] Other: (Specify)
§ 1 ORGANIZATION
§ 1.1 How many years has your organization been in business as a Contractor?
§ 1.2 How many years has your organization been in business under its present business
name?
§ 1.2.1 Under what other or former names has your organization operated?
®
AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA
®
Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
1
was produced by AIA software at 07:27:16 on 01/11/2017 under Order No.6653319331_1 which expires on 11/01/2017, and is not for resale.
User Notes: (1869965679)
State Office Building Renovations 00 45 13.1-1 Gilbane Job No. J06930.000
New Parking Garage AIA Document A305-1986 January 3, 2017
Section 00 45 13.1
§ 1.6 If the form of your organization is other than those listed above, describe it and name the principals:
§ 2 LICENSING
§ 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and
indicate registration or license numbers, if applicable.
§ 2.2 List jurisdictions in which your organization’s partnership or trade name is filed.
§ 3 EXPERIENCE
§ 3.1 List the categories of work that your organization normally performs with its own forces.
§ 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.)
§ 3.2.1 Has your organization ever failed to complete any work awarded to it?
§ 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against
your organization or its officers?
§ 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction
contracts within the last seven (7) years?
®
AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA
®
Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
2
was produced by AIA software at 07:27:16 on 01/11/2017 under Order No.6653319331_1 which expires on 11/01/2017, and is not for resale.
User Notes: (1869965679)
State Office Building Renovations 00 45 13.1-2 Gilbane Job No. J06930.000
New Parking Garage AIA Document A305-1986 January 3, 2017
Section 00 45 13.1
§ 3.3 Within the last seven (7) years, has any officer or principal of your organization ever been an officer or
principal of another organization when it failed to complete a construction contract? (If the answer is yes, please
attach details.)
§ 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of
project, owner, architect, contract amount, percent complete and scheduled completion date.
§ 3.5 On a separate sheet, list the five (5) most recent projects of similar scope and size completed by your firm.
Include the name of project, owner, architect, contract amount, construction manager/general contractor name,
project specific contact, and contract information for that individual.
§ 3.5.1 State average annual amount of construction work performed during the past five years:
§ 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your
organization.
§ 3.7 Provide the names below and attached the resumes of the proposed project manager and superintendent for the
project.
§ 4 REFERENCES
§ 4.1 Trade References:
§ 4.3 Surety:
§ 4.3.1 Name of bonding company:
§ 5 FINANCING
§ 5.1 Financial Statement.
®
AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA
®
Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
3
was produced by AIA software at 07:27:16 on 01/11/2017 under Order No.6653319331_1 which expires on 11/01/2017, and is not for resale.
User Notes: (1869965679)
State Office Building Renovations 00 45 13.1-3 Gilbane Job No. J06930.000
New Parking Garage AIA Document A305-1986 January 3, 2017
Section 00 45 13.1
§ 5.1.1 Attach a financial statement, preferably audited, including your organization’s latest balance sheet
and income statement showing the following items:
Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued
income, deposits, materials inventory and prepaid expenses);
Other Assets;
Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income
taxes, advances, accrued salaries and accrued payroll taxes);
Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned
surplus and retained earnings).
§ 5.1.2 Name and address of firm preparing attached financial statement, and date thereof:
§ 5.1.3 Is the attached financial statement for the identical organization named on page one?
§ 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
§ 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction?
§ 6 SIGNATURE
§ 6.1 Dated at this day of
Name of Organization:
By:
Title:
§ 6.2
M being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as
not to be misleading.
Notary Public:
My Commission Expires:
®
AIA Document A305™ – 1986. Copyright © 1964, 1969, 1979 and 1986 by The American Institute of Architects. All rights reserved. WARNING: This AIA
®
Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document
4
was produced by AIA software at 07:27:16 on 01/11/2017 under Order No.6653319331_1 which expires on 11/01/2017, and is not for resale.
User Notes: (1869965679)
State Office Building Renovations 00 45 13.1-4 Gilbane Job No. J06930.000
New Parking Garage AIA Document A305-1986 January 3, 2017
Section 00 52 26.1
Agreement # J06930-00001-000
Made as of 01/03/2017
Vendor # SAMVE001
Gilbane Building Company Trade Contractor Agreement
ARTICLE 1
THE WORK
1.1 The Trade Contractor and the Construction Manager agree that the labor, services, materials and equipment to
be furnished and the work to be performed by the Trade Contractor shall include the following:
Furnish all labor, materials, equipment and services required to complete all XXXX work for the State Office Building
Renovations and New Parking Garage Project. All work shall be in strict accordance with the following:
1.2 The Trade Contractor shall be held accountable for the following Project related responsibilities: furnish all
labor, staff, administration, and supervision; furnish, supply and/or install all equipment, material, supplies, tools,
machinery, apparatus, scaffolding, hoisting, transportation, unloading and handling; do all things required to fully
complete the work described above on the Project; all in strict compliance with the requirements, terms and conditions
set forth in this Agreement (hereinafter “Agreement”); the Plans, Drawings and Specifications prepared by the
Architect/Engineer; and the Contract Documents as defined in this Agreement (hereinafter referred to as the “work”).
1.3 The Trade Contractor expressly represents and warrants to Construction Manager that Trade Contractor holds
special knowledge, training, and experience in such work, and that Trade Contractor shall provide everything required or
necessary to complete such work to the highest standards of such workmanship in the industry, regardless of whether
all items, materials, equipment or requirements are expressed, identified or detailed in this Agreement, the Contract
Documents, or in the Plans and Specifications.
ARTICLE 2
TIME OF COMMENCEMENT AND COMPLETION
2.1 The Trade Contractor shall start the work upon notice to proceed or as otherwise directed by the Construction
Manager, and shall execute the work with promptness and diligence so as to maintain and to meet the Project
milestones as established by the Construction Manager. The Trade Contractor shall be required to and agrees to
complete portions and the whole of the work by the following anticipated dates:
The work shall be completed in accordance with the Project Schedule. Modifications to the Project Schedule shall be in
accordance with the General Conditions of the Contract for Construction. The following milestone dates apply:
Liquidated damages for failure to complete the construction as defined in the General Conditions will be assessed to
the responsible Trade Contractor(s) for each calendar day after the date for Substantial Completion and the date for
Acceptance.
Should Trade Contractors fail to achieve Substantial Completion on or before the date stipulated in the Project Schedule,
Trade Contractor shall receive a Liquidated Damages assessment in the amount Twenty-nine Thousand Three Hundred
Fifty-seven Dollars ($29,357.00) per day for each calendar day beyond the established Substantial Completion Date that
the Trade Contractor fails to achieve Substantial Completion.
Gilbane Building Company Trade Contractor Agreement
Should the Trade Contractors fail to complete the work and impact the date of Acceptance as stipulated in the Project
Schedule, the Trade Contractor shall incur a Liquidated Damages assessment in the amount of Ten Thousand Five
Hundred Five Dollars ($10.505.00) per day for each calendar day beyond the Ninety (90) calendar days of the
established Substantial Completion Date that the Trade Contractor fails to achieve Acceptance.
In the event damages incurred by Construction Manager are caused both by Trade Contractor and another entity for
whose acts Trade Contractor is not liable, Construction Manager shall have the right to reasonably apportion said
damages among the responsible parties, and such apportionment shall be binding on the Trade Contractor.
2.2 The Trade Contractor is cautioned that schedules and milestones are subject to review and revision, and in such
event, such revisions will be made available for the Trade Contractor's information at the jobsite office of the
Construction Manager. It is the sole responsibility of the Trade Contractor to attend job meetings, keep itself informed
of any revisions, and conform to any such revisions.
2.3 In the event that the Trade Contractor should fail to maintain the Construction Manager's progress schedule or
milestones as established above, the Construction Manager reserves the right, after 48 hours formal notice, either by
letter, telegram or confirmed email to the Trade Contractor, to procure the materials, equipment, and labor necessary to
proceed with, or to complete the work, or any portion thereof, and charge the cost, expense and damages thereof to the
Trade Contractor, and/or to exercise such other remedies as set forth in this Agreement.
ARTICLE 3
THE CONTRACT SUM
3.1 The Construction Manager agrees to pay the Trade Contractor for the satisfactory performance of the work the
total sum of:
In current funds subject to additions and deductions for changes, as may be agreed upon, and to make payments on
account thereof as follows:
3.2 On the established day of each month, the Trade Contractor shall deliver to the Construction Manager, a
detailed statement acceptable to the Construction Manager, and if required, supported by receipts, vouchers, etc.
showing values of all materials delivered and work completed up to the established billing date for which payment is
requested. Monthly and final payments will be made to the Trade Contractor by electronic funds transfer within seven
(7) calendar days after receipt of payment by the Construction Manager from the Owner. The retained percentage will
be forwarded as soon as received by the Construction Manager from the Owner. It is specifically understood and agreed
that payment to the Trade Contractor is dependent, as a strict condition precedent, upon the Construction Manager
receiving contract payments, including retainage from the Owner. Further, progress construction payments to the Trade
Contractor are only required to be made from the funds received from the Owner for work performed by the Trade
Contractor. Prior to submission of the first statement, the Trade Contractor will deliver to the Construction Manager,
for review and approval, a detailed breakdown of this contract sum showing a schedule of values for the various parts of
Gilbane Building Company Trade Contractor Agreement
the work. Once accepted, this schedule of values will be used as a basis for checking the Trade Contractor's monthly
statement. This schedule of values shall not be front-end loaded.
3.3 The Construction Manager shall pay the Trade Contractor by electronic funds transfer within seven (7) calendar
days after receipt of payment by the Owner, as noted in Article 3 of this Agreement. The amount of each progress
payment to the Trade Contractor shall be equal to the percentage of completion allowed to the Construction Manager for
the work of the Trade Contractor, applied to the Contract Amount or Sum of the Agreement, plus the amount allowed for
materials and equipment suitably stored by the Trade Contractor, less the percentage retained from payments to the
Construction Manager. The Construction Manager shall make available to the Trade Contractor evidence of percentages
of completion certified on its account.
3.4 The Trade Contractor shall, with the second and each succeeding monthly request for payment, submit receipts
and/or an affidavit and waiver of lien showing all payments made for labor, services, equipment and materials and on
account for all work covered in the previous months’ request for payment. Affidavit and waiver of liens are required to
be submitted from Trade Contractors’ suppliers and/or Trade-Subcontractors (all tier). The Trade Contractor shall be
required to execute a general release as a condition precedent to receiving final payment.
3.5 Ten percent (10%) of each payment shall be retained, at the discretion of the Construction Manager, unless
specific provisions to the contrary are indicated in the Contract Documents.
3.6 No payment made under this Agreement, including the final payment, shall be conclusive evidence of proper
performance of the work, either wholly or in part, and no payment shall be construed as an acceptance of defective,
non-compliant or improper work or materials.
3.7 The Trade Contractor shall save and keep the Construction Manager, its Surety, if applicable, the Owner, and the
Owner's property free and clear from all mechanics' and materialmens' liens, construction liens, and all other liens as
well as any and all bond claimants, bond claims, or any other claims or actions, legal or equitable, arising out of the
Trade Contractor's work hereunder. In the event that any such lien, bond or other claim or action is asserted, threatened
or filed by anyone claiming by, through, or under the Trade Contractor, then the Trade Contractor shall remove and
discharge same, either by bonding or otherwise removing, paying or releasing same, within five (5) calendar days of the
notice of such lien, claim or action.
3.8 At all times, Construction Manager, in its sole discretion, shall have the right but not the obligation to make
direct payment or joint check payment to any of the Trade Contractor’s lower tier subcontractors, materialmen, laborers,
suppliers and/or lienors, and to automatically deduct such amounts from the Trade Contractor’s Contract Amount. Trade
Contractor hereby agrees to cooperate as necessary to facilitate such direct or joint check payments and will promptly
execute any and all documents reasonably requested by Construction Manager for that purpose. Notwithstanding the
foregoing, and unless a condition of the initial contract award, Construction Manager shall pay Trade Contractor’s lower
tier Subcontractor’s, materialmen, laborers, suppliers, and/or lienors directly only after (1) providing (14) day’s prior
written notice of intent to do so and (2) Trade Contractor fails to cure the condition that is the basis for such proposed
direct payment during the (14) day notice period.
3.9 The Trade Contractor further agrees that a material breach by Trade Contractor of any other Agreement between
Construction Manager and Trade Contractor, whether on the same or another project, shall constitute an absolute breach
under this Agreement, and Construction Manager shall have the right to assert any and all rights and remedies available
to Construction Manager under this Agreement or otherwise under the law or in equity. In the event of such a breach,
the Construction Manager shall also have the absolute right to apply any payments due to or retainage held for Trade
Contractor under this Agreement as a set-off to satisfy any unpaid expenses, costs, claims, or Damages as defined
herein, including attorneys’ fees, incurred by Construction Manager as a result of any such breach under any other
Agreement with Trade Contractor. Likewise, Construction Manager shall have the absolute right to apply any payments
due to or retainage held for Trade Contractor under any other agreement between Construction Manager and Trade
Contractor to satisfy any unpaid expenses, costs, claims, or Damages as defined herein, including attorneys’ fees,
incurred by Construction Manager as a result of Trade Contractor’s breach of this Agreement. Notwithstanding the
foregoing, any genuine claims or disputes timely and properly submitted in good faith together with supporting backup
and documentation by the Trade Contractor in compliance with this Trade Contractor Agreement and the Contract
Documents, will not be considered a material breach.
3.10 The Construction Manager shall have the right, at Construction Manager’s sole discretion, to process all Trade
Contractor Payments, including all Progress Payments as well as the Final Payment, using the Textura System (“Textura
System”), which is an automated third party web-based system that operates as an Automated Clearing House for
electronic payments. Construction Manager may elect to withdraw or terminate use of the Textura Systems in its sole
discretion.
(a) The Trade Contractor shall submit payment documents (the “Payment Documents”) required herein for
Construction Manager’s review and acceptance by means of the Textura System. Such Payment Documents shall include,
but not necessarily be limited to the following: The Trade Contractor’s Progress and Final Applications for Payments,
Sworn Statements, Progress and Final Releases from Trade Contractor and those under Trade Contractor’s Scope of Work,
Surety Consents, Affidavits, Close Out documents, and such other documents as may be required by the Construction
Gilbane Building Company Trade Contractor Agreement
Manager, the Construction Documents or the Trade Contractor Agreement to process and issue such Trade Contractor
Progress or Final Payments (“Payment Documents”). All Payment Documents shall be on forms approved and accepted
by the Construction Manager. In the event that the Construction Manager rejects, disputes or requires changes to any
such Payment Documents, then in that event the Trade Contractor shall correct such Payment Documents so the
undisputed portion of the Progress or Final Payment may be processed and delivered to Trade Contractor.
(b) It is the intent of the parties that the Textura System shall be interpreted to be in harmony with the other
terms and conditions of the Trade Contractor Agreement, and not in lieu of such provisions, terms or conditions. The
Trade Contractor shall ensure for itself, and for all of those providing labor, services or materials under the Trade
Contractors Scope of work at any tier, that all fully comply and cooperate with the implementation and use of the
Textura System. The Trade Contractor shall promptly execute all documents necessary to register, enroll and use the
Textura System, and agrees to timely pay the applicable Textura fee as charged by Textura.
(c) The Trade Contractor expressly represents and warrants to the Construction Manager that it shall permit only
authorized representatives or agents of the Trade Contractor to use, access and issue Payment Documents through the
Textura System, and the Trade Contractor shall be fully responsible for protecting such access and use. The Construction
Manager shall have the right to rely on the truth and accuracy of any and all Payment Documents and actions of the
Trade Contractor relative to its access and use of the Textura System.
(d) The Construction Manager shall have the right, at its sole discretion, to withdraw or terminate the
implementation or use of the Textura System at any time. To withdraw or terminate the use of Textura System,
Construction Manager will notify the Trade Contractor of such election, and thereafter, all Progress Payments and the
Final Payment shall be processed and paid as set forth in the Trade Contractor Agreement without the use of the
Textura System.
(e) Nothing in this section shall be deemed to excuse, release, waive or otherwise change the Trade Contractor’s
obligations, duties or responsibilities pursuant to the terms, provisions and conditions of the Trade Contractor
Agreement. Notwithstanding the use or implementation of the Textura System, the Trade Contactor shall remain subject
to all of the Construction Manager’s rights and remedies at law or in equity, including but not limited to, any remedies
as set forth in the Trade Contractor Agreement.
ARTICLE 4
THE CONTRACT DOCUMENTS
4.1 The Contract Documents consist of this Agreement and any documents referred to herein or exhibits attached
hereto, the Agreement between the Owner and the Construction Manager, the conditions of the Agreement between the
Owner and the Construction Manager, General Conditions, Supplementary, Special and Other Conditions, the Drawings,
Specifications, General Instructions to Bidders, Supplements to Bidder's documents, form of Proposal, all Addenda
issued prior to and all modifications issued after execution of the Agreement between the Owner and Construction
Manager and agreed upon by the parties.
4.2 The Trade Contractor agrees to perform the work under the general direction of the Construction Manager and
subject to the final approval of the Architect/Engineer or other specified representative of the Owner, in accordance with
the Contract Documents.
4.3 To the extent of Trade Contractor’s work, the Trade Contractor agrees to be bound to and assume toward the
Construction Manager all of the obligations and responsibilities that the Construction Manager, by those documents,
assumes toward the Owner. Contract Documents are available, at reasonable times, at the office of the Construction
Manager for examination by the Trade Contractor.
4.4 If there is a provision for liquidated damages in the Contract Documents, the Trade Contractor shall be liable to
the Construction Manager for any liquidated damages for which the Construction Manager is held responsible by reason
of the failure of the Trade Contractor to prosecute the work per the contract schedule. The flow down of such liquidated
damages to the Trade Contractor is not intended as the Construction Manager’s sole and exclusive remedy for the Trade
Contractor’s untimely performance or delays, and Construction Manager further reserves all other rights, remedies and
damages as set forth in this Trade Contractor Agreement or in equity.
4.5 No extra work shall be performed under this Agreement, except upon receipt of a written order from the
Construction Manager.
ARTICLE 5
INDEMNITY
5.1 FOR TEN ($10.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT
WHEREOF IS HEREBY ACKNOWLEDGED, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE TRADE
CONTRACTOR AGREES TO INDEMNIFY AND HOLD HARMLESS THE CONSTRUCTION MANAGER, THE OWNER, THE
ARCHITECT/ENGINEER, AND ALL OF THEIR AGENTS AND EMPLOYEES FROM AND AGAINST CLAIMS, DAMAGES,
Gilbane Building Company Trade Contractor Agreement
LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES ARISING OUT OF OR RESULTING
FROM THE PERFORMANCE OR FAILURE IN PERFORMANCE OF THE TRADE CONTRACTOR'S WORK UNDER THIS
AGREEMENT PROVIDED THAT ANY SUCH CLAIM, DAMAGE, LOSS, OR EXPENSE (1) IS ATTRIBUTABLE TO BODILY
INJURY, SICKNESS, DISEASE, OR DEATH, OR TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY
INCLUDING THE LOSS OF USE RESULTING THEREFROM, (2) TO THE EXTENT CAUSED BY ANY NEGLIGENT ACT
OR OMISSION OF THE TRADE CONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE TRADE
CONTRACTOR, OR ANYONE FOR WHOSE ACTS THE TRADE CONTRACTOR MAY BE LIABLE, REGARDLESS OF
WHETHER CAUSED IN PART BY A PARTY INDEMNIFIED HEREUNDER. SUCH OBLIGATIONS SHALL NOT BE
CONSTRUED TO NEGATE, ABRIDGE, OR OTHERWISE REDUCE ANY OTHER RIGHT OR OBLIGATION OF
INDEMNITY WHICH WOULD OTHERWISE EXIST AS TO ANY PARTY OR PERSON DESCRIBED IN THIS
PARAGRAPH. IN ANY AND ALL CLAIMS AGAINST THE CONSTRUCTION MANAGER, OR ANY OF ITS AGENTS OR
EMPLOYEES, BY ANY EMPLOYEE OF THE TRADE CONTRACTOR, OR ANYONE DIRECTLY OR INDIRECTLY
EMPLOYED BY THE TRADE CONTRACTOR, OR ANYONE FOR WHOSE ACTS HE MAY BE LIABLE, THE
INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH 5.1 SHALL NOT BE LIMITED IN ANY WAY BY ANY
LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE
TRADE CONTRACTOR UNDER WORKER'S COMPENSATION ACTS, DISABILITY BENEFIT ACTS, OR OTHER
EMPLOYEE BENEFIT ACTS.
5.2 The obligations of the Trade Contractor, under paragraph 5.1, shall not extend to the liability of the
Architect/Engineer, his agents, or employees, arising out of: the preparation or approval of maps, drawings, opinions,
reports, surveys, change orders, designs, or specifications and/or the giving of or failure to give directions or
instructions by the Architect/Engineer, his agents or employees, providing such giving or failure to give is the primary
cause of the injury or damage.
5.3 FOR TEN ($10.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT
WHEREOF IS HEREBY ACKNOWLEDGED, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE TRADE
CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CONSTRUCTION MANAGER, THE
OWNER, THE ARCHITECT/ENGINEER, AND ALL OF THEIR AGENTS AND EMPLOYEES FROM AND AGAINST ANY
AND ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES
ARISING OUT OF OR RESULTING FROM ANY OF THE FOLLOWING:
ANY ACT OR OMISSION OF THE TRADE CONTRACTOR OR ANY OF ITS TRADE-SUBCONTRACTORS, OF ANY
TIER OR ANY PERSON OR ENTITY FOR WHOSE ACTS OR OMISSIONS ANY OF THEM MAY BE LIABLE;
THE INACCURACY OF ANY WARRANTY OR REPRESENTATION BY THE TRADE CONTRACTOR GIVEN IN
ACCORDANCE WITH OR CONTAINED IN THE CONTRACT DOCUMENTS;
ANY BREACH OF THIS AGREEMENT BY THE TRADE CONTRACTOR AND/OR ITS TRADE-SUBCONTRACTORS
OF ANY TIER;
ANY CLAIMS BY EMPLOYEES OF THE TRADE CONTRACTOR AND/OR ITS TRADE-SUBCONTRACTORS OF ANY
TIER, INCLUDING, WITHOUT LIMITATION, THOSE ALLEGING EMPLOYMENT DISCRIMINATION OR SEXUAL
HARASSMENT;
ANY CLAIMS OF THE TRADE-SUBCONTRACTORS OF ANY TIER, INCLUDING WITHOUT LIMITATION, THOSE
FOR ADDITIONAL COMPENSATION AND CLAIMS AGAINST THE TRADE CONTRACTOR’S OR CONSTRUCTION
MANAGER’S BOND; OR
ANY OTHER WRONGFUL OR NEGLIGENT ACT OR OMISSION OF THE TRADE CONTRACTOR OR ANY OF ITS
TRADE-SUBCONTRACTORS, OF ANY TIER OR ANY PERSON OR ENTITY FOR WHOSE ACTS OR OMISSIONS
ANY OF THEM MAY BE LIABLE.
The provisions of this subparagraph 5.3 and the obligations of the Trade Contractor hereunder shall survive Final
Completion or Termination of this Agreement.
ARTICLE 6
PERFORMANCE BOND AND LABOR AND MATERIAL BOND; INSURANCE
6.1 The Trade Contractor agrees to furnish and pay for a 100% Performance Bond and a 100% Labor and Material
Payment Bond on the bond forms issued with this Agreement. Bonds must be issued by a company acceptable to the
Construction Manager and must be accompanied by a Power of Attorney. The bonds are to be delivered with this
executed Agreement. The Trade Contractor’s Bond(s) shall name the Construction Manager as the Obligee, and the
costs of such Bond(s) are included in the Trade Contractor’s Contract Amount in this Agreement. Each Bond shall be in
an amount equal to the Trade Contractor’s Contract Amount in this Agreement. Such Bond(s) shall be issued by Surety,
if applicable, which shall maintain at least a minimum A.M. BEST RATING of A-, FSC VII, unless otherwise agreed by
Construction Manager in writing. Notwithstanding any other provisions of the Agreement to the contrary, failure to
timely issue Bond(s) on the forms attached as an exhibit to this Agreement, or failure of the Surety, if applicable, to
maintain the minimum A.M. BEST RATING of A-, FSC VII shall be deemed a material breach of this Agreement.
6.2 If Performance and Payment Bonds are not required under this Agreement, as designated in Paragraph 6.1, the
Construction Manager, may, at its sole option, enroll Trade Contractor in the Construction Manager’s default insurance
program. If the Trade Contractor is enrolled into the Construction Manager’s default insurance program, the Trade
Gilbane Building Company Trade Contractor Agreement
Contractor is required to comply with the terms and conditions of the Construction Manager’s Trade Contractor
prequalification procedures which include in part allowing the Construction Manager to review the Trade Contractor’s
most current reviewed, compiled, or audited financial statement. Failure to comply with these terms and conditions may
be a basis to require the Trade Contractor to obtain Performance and Payment Bonds, under the terms and conditions
provided herein, within fifteen (15) calendar days of written notice from the Construction Manager. Failure to provide
Performance and Payment Bonds under this provision shall constitute a material breach of this Agreement and a basis
for immediate termination of the Trade Contractor for cause.
6.3 Before the earlier of commencement of its work, entering the Project site (at any time), or ten (10) days after
signing the Trade Contract, Trade Contractor shall provide evidence that it has obtained the insurance required by this
Article as well as that which is legally required by any US federal or state laws as well as the laws of any other
jurisdiction(s) outside of the US where the work is performed. This insurance shall be placed with a company or
companies rated A-or better by A.M. Best and licensed to do business in the jurisdiction(s) in which the work is
performed. The insurance required in this Article shall be maintained continuously until final payment is made to Trade
Contractor for its work except that any commercial general liability, excess liability, pollution liability and professional
liability insurance required in this Article shall be further maintained continuously until the later of the period of the
statute of limitations or the statute of repose for the types of claims covered by the particular policy type. However, if
any professional or pollution liability insurance provided in accordance with this Article is provided on a project specific
basis, then coverage shall be placed until final payment is made to Trade Contractor and shall include an extended
reporting period for a term no less than the later of the period of the statute of repose or statute of limitations
applicable to Trade Contractor’s work after such final payment. Evidence of the insurance required in this Article shall
also be provided after final payment for the work before any time Trade Contractor enters the Project site or is
performing work for the Project. Any insurance required of Trade Contractor shall protect the Trade Contractor from
claims which may arise for which the Trade Contractor may be legally liable, whether such operations be by the Trade
Contractor or by a Trade Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable. The insurance limits and types required in this Article are minimum
requirements (and are subject to any broader terms required by Owner) and are denominated in US Dollars.
Construction Manager reserves the right to consider any insurance not in compliance with this Article as a material
breach of contract. Any aggregate limits of insurance required must be reinstated if they are eroded at any time during
the period within which the insurance is required to be provided herein, such reinstatement costs shall not be a
reimbursable cost. Construction Manager reserves the right to require additional insurance types and coverage limits in
addition to what is required in this Article. If the Project is insured by a wrap-up insurance program, then Trade
Contractor should refer to the Project wrap-up manual (incorporated herein as a Contract Document) for any additional
or alternate insurance obligations. Trade Contractor shall require its subcontractors of all tiers to meet the same
insurance requirements as are required of it in this Agreement. However, unless determined otherwise by Construction
Manager, or specifically designated otherwise in this Article, these obligations do not pertain to the limits of liability
required to be provided by Trade Contractor. All insurance required of Trade Contractor in this Article shall be applicable
to the extent permitted by law.
It is solely Trade Contractor’s obligation to ensure that it provides the appropriate insurances required in the
jurisdiction(s) in which the work is being performed, and that it has included all relevant costs. Trade Contractor
waives any rights it has against Construction Manager for premiums, claims, penalties or other costs incurred as a
result of Trade Contractor’s failure to provide insurance required by law.
(b) Commercial General Liability (“CGL”). Trade Contractor shall provide CGL coverage equivalent to the most
recent edition of the ISO CG 00 01 occurrence form. This insurance shall not exclude coverage for explosion, collapse
and underground hazards (the “XCU” hazards) and should include contractual liability coverage for bodily injury and
Gilbane Building Company Trade Contractor Agreement
property damage arising out of premises-ongoing operations and products-completed operations without any limitation.
The CGL insurance shall include insured contract coverage including indemnity for damages or injuries to the Trade
Contractor’s employees(s) and shall not exclude any Additional Insured’s (“Additional Insured” as defined in 6.3(h))
claims pertaining to damages or injuries to the Trade Contractor’s employee(s). There shall not be any residential
limitations (or exclusions) or prior work exclusions unless approved in writing by Construction Manager’s risk manager.
If Trade Contractor’s work is to be performed within fifty (50) feet of any railroad property, or affecting any railroad
bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing, then the most current version of endorsement ISO CG
24 17 (or its equivalent) shall be attached to the CGL. Furthermore, a separate owners and contractors protective,
railroad protective liability policy or other project specific policy shall be provided if required by the Contract
Documents. The CGL coverage limits shall not be less than $1,000,000 per occurrence, $1,000,000 personal and
advertising injury, $2,000,000 general aggregate, $2,000,000 products-completed operations aggregate and $5,000
medical expense. The general aggregate limit shall be on a per project basis.
(c) Business Automobile Liability Policy (“BAP”). Trade Contractor shall provide BAP insurance which includes
coverage for claims for damages due to bodily injury or property damage arising out of the ownership, maintenance, or
use of any land motor vehicle (including trailer or semitrailer) designed for use on public roads (but not including mobile
equipment, unless such mobile equipment is required to have compulsory automobile insurance, financial responsibility
or is subject to any other motor vehicle insurance law). Coverage shall be provided for any owned, non-owned or hired
vehicle. This insurance shall also include contractual liability coverage. If Trade Contractor will be hauling or
transporting any hazardous materials as defined in paragraph (f) below, then this insurance shall include the most
current version of the ISO CA 99 48 Broadened Pollution Liability Endorsement, or its equivalent, and the MCS-90 shall
be attached to the policy. If Contractor’s work is to be performed within fifty (50) feet of any railroad property or
affecting any bridge or trestle, tracks, roadbeds tunnels, underpass or crossing, then the most current version of ISO CA
20 70 (or its equivalent) shall be attached to the auto policy. The auto policy limits shall not be less than $1,000,000
combined single limit for each accident.
(d) Excess (or Umbrella) Liability. Trade Contractor shall provide occurrence-based follow-form excess (or
umbrella) liability insurance which shall provide coverage excess over its employer’s liability, CGL and BAP insurance.
The excess (or umbrella) coverage limits shall not be less than $5,000,000 each occurrence and $5,000,000 annual
aggregate. However, if Trade Contractor is using a crane as defined in OSHA 1926.1400 (a) then Trade Contractor shall
provide excess (or umbrella) liability coverage of at least $25,000,000 per occurrence/$25,000,000 in aggregate. Trade
Contractor agrees to adhere to any procedural guidelines required by Construction Manager with respect to evidencing
insurance coverage applicable to any crane including the operation of it.
(e) Professional Liability. Trade Contractor shall provide professional liability insurance if its scope of work
(including the scope of any of its subcontractors or subconsultants) includes providing professional services. If Trade
Contractor is subcontracting out its entire scope of professional services, then in lieu of Trade Contractor providing
professional liability insurance, Construction Manager will accept proof of the professional liability insurance required in
this Article from each person or entity who is performing the professional services on behalf of Trade Contractor.
Professional services for purposes of this Article include, but are not limited to, performing: architecture, engineering,
landscape architecture, land surveying or planning, geological investigation, interior design/space planning, preparation
and signing or stamping of drawings, maps, surveys or construction specifications, consulting, or design and
development of computer software, programs or websites by the Trade contractor or by subcontractors on behalf of the
Trade Contractor. The retroactive date on all professional liability policies provided by Trade Contractor or any of its
subcontractors shall precede the start of any work. The coverage limits for professional liability insurance shall not be
less than $1,000,000 each claim and $1,000,000 annual aggregate.
(f) Contractor’s Pollution Liability. Trade Contractor shall provide contractor’s pollution liability (“pollution
liability”) insurance if its scope of work (including the scope of any of its subcontractors or subconsultants) includes
providing pollution services. If Trade Contractor is subcontracting out its entire scope of pollution services, then in lieu
of Trade Contractor providing pollution liability insurance, Construction Manager will accept proof of the pollution liability
insurance required in this Article from each person or entity who is performing the professional services on behalf of
Trade Contractor. Pollution Services for purposes of this Article include, but are not limited to, performing:
investigation and characterization of contamination of land, groundwater or structures, demolition of structures,
abatement of lead paint, asbestos or mold, remediation of contaminated soil or groundwater including transportation
and disposal of contaminated media, installation or removal of underground storage tanks, or any storage,
transportation or disposal of materials that are hazardous or regulated under environmental laws by the Trade
Contractor or by subcontractors on behalf of the Trade Contractor. Hazardous or regulated materials shall include, but
are not limited to, asbestos, petroleum products, lead, mercury or polychlorinated biphenyls (“PCBs”). If Trade
Contractor’s scope of work includes mold/fungus remediation or the Project involves any residential, health care,
custodial care or educational occupancy, then the contractor’s pollution liability insurance shall include mold/fungus
liability coverage in the amount of the contractor’s pollution limits required herein. All insurance required in this
paragraph shall include coverage for bodily injury and property damage liability, defense costs, and clean-up costs and
shall provide non-owned off-site disposal coverage if hazardous or regulated materials will be transported to a disposal
site. The retroactive date on all pollution liability policies provided by Trade Contractor or any of its subcontractors shall
precede the start of any work. The pollution liability coverage shall have limits of not less than $5,000,000 each
occurrence and $5,000,000 annual aggregate.
Gilbane Building Company Trade Contractor Agreement
(g) Contractor’s Equipment; Property. Trade Contractor shall maintain property insurance coverage covering its
tools, equipment and other business or personal property, whether owned, rented or borrowed, the capital value of
which is not incorporated into the cost of the work. Trade Contractor agrees to adhere to any procedural guidelines
required by Construction Manager with respect to evidencing any property insurance coverage applicable to any crane (as
defined in 29 CFR 1926.1400(a)). In addition, to the extent that Trade Contractor carries any installation floater, transit
coverage, off-site insurance or other property insurance applicable to its work, such insurance shall include Construction
Manager and Owner as additional insureds with regard to their interests in the work. Such insurance shall be primary
insurance to Construction Manager and Owner without any contribution from any other property insurance, including
builder’s risk insurance, available to the Trade Contractor, Construction Manager and/or Owner.
(i) Self-Insured Retentions (SIR’s); Deductibles. Any costs not covered due to self-insured retentions (“SIR’s”)
or deductibles applicable to any insurance required of Trade Contractor by this Trade Contract Agreement are the sole
responsibility of the Trade Contractor. Any SIR in excess of $250,000 must be approved by Construction Manager. Trade
Contractor shall be considered a self-insurer with respect to its additional insured obligations under paragraph (h) for
any self-insured retention or deductible applied by its insurer to any of the Additional Insureds.
(j) Certificates of Insurance. Trade Contractor shall evidence its compliance with the insurance obligations in the
Contract Documents through the issuance of certificates of insurance to Construction Manager. The description of
operations section of these certificates shall state the additional insured and waiver of subrogation coverage being
provided. All certificates provided to Construction Manager shall include evidence of (1) any self-insured retentions and
(2) project name and number. In addition, all CGL certificates shall include as an attachment a hard copy of any
compliant documentation which evidences the additional insured endorsement coverage required in paragraph (h)
above. Construction Manager’s acceptance of any certificate of insurance or coverage provision in no way waives
Construction Manager’s right to later assert that Trade Contractor did not provide insurance in conformance with the
Contract Documents. If Trade Contractor fails to comply with its insurance obligations under the Contract Documents,
then Construction Manager may withhold monthly progress payments. Construction Manager may obtain such insurance
for Trade Contractor and pay the premiums thereon. Trade Contractor shall repay Construction Manager on demand for
any such premium costs incurred by Construction Manager to secure coverage on Trade Contractor’s behalf, or
Construction Manager may deduct the amount of such premiums from any sums that are due, or may become due, to
Trade Contractor. Construction Manager has no obligation to obtain such insurance for Trade Contractor, and
Construction Manager’s failure to do so shall in no way relieve Trade Contractor of its obligations. Upon request, Trade
Contractor shall provide Construction Manager with any certificate of insurance, coverage provision or certified copy of
any insurance policy applicable to coverage required of Trade Contractor in the Contract Documents. Trade Contractor
shall endorse its policies to provide a minimum of 30 days cancelation notice to Construction Manager. Evidence of the
insurance required in this Article shall also be provided any time after the work is completed but Trade Contractor has
re-entered the Project site.
(k) Waiver. Trade Contractor agrees to waive any right of action against Construction Manager (and its partners if
CM is a joint venture or its members if an LLC), Owner, and any others required to be provided a waiver by the Contract
Documents (collectively the “Waiver Parties”) for recovery of loss and/or damages to the extent covered, or that should
have been covered, by the insurance required of Trade Contractor in the Contract Documents or any other insurance
provided by Trade Contractor which is applicable to the Project. Such waivers shall be provided by specific endorsement
if the policy itself does not otherwise provide the required language.
ARTICLE 7
WARRANTY
Gilbane Building Company Trade Contractor Agreement
7.1 In addition to any other warranty or guarantee as required by the Contract Documents or this Agreement, the
Trade Contractor agrees to promptly make good, without cost to the Owner or Construction Manager, any and all defects,
due to faulty workmanship and/or materials, which may appear within the guarantee or warranty period so established
in the Contract Documents. If no such period be stipulated in the Contract Documents, then such guarantee shall be for
a period of one (1) year from date of substantial completion, acceptance, and final payment of the work by the Owner.
The Trade Contractor further agrees to provide any and all guarantees as required by the terms of the Contract
Documents, as a condition precedent to final payment.
7.2 To the extent of Trade Contractor’s work, the Trade Contractor shall extend to Construction Manager the same
warranties and guarantees that the Construction Manager may be obligated to extend to the Owner or others by the
Contract Documents.
7.3 In the event the Project or Trade Contractor’s work involves the construction of a condominium, then to the
extent of the Trade Contractor’s work, the Trade Contractor shall extend to Construction Manager the same warranties
and guarantees which the Construction Manager is obligated or required to extend to any person(s), company,
corporation, partnership, developer, limited liability company, business entity, condominium association, or any owner by
any applicable rule, code, ordinance or law. The Trade Contractor shall further extend directly to any person(s), company,
corporation, partnership, developer, limited liability company, business entity, condominium association, or any owner all
warranties, guarantees, or protections as may be required by any applicable rule, code, ordinance, requirement or law.
ARTICLE 8
CHANGES IN THE WORK
8.1 The Trade Contractor may be ordered in writing by the Construction Manager, without invalidating this
Agreement, to make changes in the work within the general scope of this Agreement. These changes may consist of
additions, deletions, or other revisions, the contract sum and the contract time being adjusted accordingly. The Trade
Contractor, prior to the commencement of such changed or revised work, shall submit promptly to the Construction
Manager written copies of any claim for adjustment to the contract sum and contract time for such revised work in a
manner consistent with the Contract Documents and this Agreement.
8.2 Where changes in the work involve both additions and deletions, percentages for overhead and profit shall be
applied to the net increase only of such values for construction labor, equipment and materials.
8.3 The amount to be paid by the Construction Manager for changes in the work, as outlined in paragraph 8.1
above, shall be made on the basis of one of the following methods:
(a) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation and agreed upon by the Construction Manager and the Trade Contractor, or
(c) if no such unit prices are set forth and if the parties cannot agree upon a lump sum, then by actual net cost in
money to the Trade Contractor of materials and labor (including insurance and applicable taxes) required, plus rental of
plant equipment (other than small tools and small equipment) plus compensation for overhead and for profit as noted in
Article 12. Field overhead will not be considered as part of actual net cost, or
8.4 If none of the above methods set forth in clauses 8.3 (a), 8.3 (b), 8.3 (c) is agreed upon, the Trade Contractor,
provided he/she receives a written order signed by the Construction Manager shall promptly proceed with the work
involved. The cost of such work shall be determined by the Construction Manager on the basis of reasonable
expenditures and savings of those performing the work attributable to the change, including, in the case of an increase
in the contract sum, a reasonable allowance for overhead and profit. In such case, and also under clauses 8.3 (c) and
8.3 (d) above, the Trade Contractor shall keep and present, in such form as the Construction Manager may prescribe, an
itemized accounting together with appropriate supporting data for inclusion in a change order. Unless otherwise
provided in the Contract Documents or this Agreement, cost shall be limited to the following: cost of materials
including sales tax and cost of delivery, cost of construction labor including social security, old age and unemployment
insurance and fringe benefits required by Agreement or custom; workers or workmen's compensation insurance; bond
premiums; rental value of equipment and machinery; and the additional costs of supervision and field office personnel
directly attributable to the change. Pending final determination of cost, payments, on account shall be made as
determined by the Construction Manager. The amount of credit to be allowed by the Trade Contractor for any deletion or
change which results in a net decrease in the contract sum will be the amount of the actual net cost as confirmed by
the Construction Manager. When both additions and credits covering related work or substitutions are involved in any
one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any with respect
to that change.
8.5 Construction Manager's Audit. Construction Manager's duly authorized representative shall have access, at all
Gilbane Building Company Trade Contractor Agreement
reasonable times, to all Trade Contractor's personnel, books, records, correspondence, instructions, plans, drawings,
receipts, vouchers and memoranda of every description pertaining to change for the purpose of auditing and verifying
Trade Contractor's net cost of change or for any other reasonable purpose. Construction Manager's representative shall
have the right to reproduce any of the aforesaid documents. Trade Contractor shall preserve, and shall cause its
Subcontractors to preserve all the aforesaid documents for a period of two years after the completion and acceptance or
termination of work or such longer time as may be required by the Contract Documents or applicable law.
8.6 For work performed by a Trade-Subcontractor, the Trade Contractor will be allowed to add five percent (5%) only
and said Trade-Subcontractor mark-up shall not exceed the agreed upon percentages noted in Article 12 for overhead
and profit.
8.7 Notwithstanding any other provision to this Agreement, Construction Manager shall not be liable for any extra
work unless and until and as a condition precedent, the Construction Manager has issued a written Change Order or
written authorization for such work by an authorized representative. In the event the Trade Contractor performs any
such work without such an issued Change Order or written authorization by an authorized representative of the
Construction Manager, then such conduct by the Trade Contractor shall be deemed to mean such work will not alter or
change the Contract Amount in this Agreement. In case of disagreement where no price adjustment or time adjustment
can be agreed upon by the parties, the Trade Contractor shall timely and diligently proceed with such work as directed
by the Construction Manager pursuant to such a written authorization or written Change Order pending the
determination of the amount of the adjustment pursuant to the above provisions. The Trade Contractor expressly agrees
that the Construction Manager’s Superintendent and other project personnel other than Construction Manager’s Project
Executive, Project Manager or Chief Purchasing Agent in accordance with the current Gilbane Document Signing Authority
policy shall have no authority to alter, amend or modify this Agreement or issue such a Change Order or written
authorization without express written authorization from the Construction Manager’s Project Executive. The Project
Executive, Project Manager or Chief Purchasing Agent in accordance with the current Gilbane Document Signing Authority
policy for the Construction Manager shall have authority to issue Trade Contractor a written Change Order or written
authorization for such changes in the work, price, scope or time. Further, the Trade Contractor agrees and acknowledges
that no extra, changes or modification to the work, price, scope or time shall be valid or enforceable unless and until
issued in writing and signed by the Project Executive, Project Manager or Chief Purchasing Agent in accordance with the
current Gilbane Document Signing Authority policy of the Construction Manager.
ARTICLE 9
TRADE CONTRACTOR RESPONSIBILITIES
9.1 The Trade Contractor shall provide sufficient, safe, and proper facilities at all times for the inspection of the
work by the Construction Manager, Architect, and the Owner, or their authorized representatives. The Trade Contractor
shall, within twenty-four (24) hours of receipt of notice from the Construction Manager, proceed to promptly and
continuously, until complete, take down all portions of the work and remove from the grounds and Project site all
materials, equipment and/or work which the Construction Manager, Architect, the Owner, or their authorized
representatives shall fail to approve or shall condemn as unsound, defective, improper, non-compliant, or in any way
failing to conform strictly to the Contract Documents or this Agreement. The Trade Contractor shall at its own expense
promptly repair, remedy, replace and correct such work regardless of whether Trade Contractor disagrees with the reason
for such work being condemned or rejected. Further, the Trade Contractor shall at its own expense repair and remedy all
work damaged or destroyed thereby.
9.2 The Trade Contractor agrees, in the performance of this Agreement, to comply with all applicable federal, state,
municipal, and local laws, ordinances, codes and governing regulations, to pay all costs and expenses required thereby;
to pay all fees, charges, assessments, and taxes, including sales and use taxes, and to pay all fringe and other benefits
required by Agreement or law. The Trade Contractor shall comply with all applicable federal, state, municipal and local
employment and immigration laws and shall act in accordance with all rules, regulations and procedures that may be
required to ensure full compliance with all such laws and, if requested or required by Construction Manager, Architect,
and/or Owner. At all times, upon request, the Trade Contractor shall certify in writing that it is in compliance with all
such laws. The Trade Contractor shall timely procure and pay for any necessary or required licenses, tax, fine, fee, or
permit related to its work, and shall reimburse and save the Construction Manager and Owner harmless from any
violation, fine, tax, fee, proceeding, claim, cost or issue associated with any such laws.
9.3 The Trade Contractor shall pay all royalties and license fees. Further, the Trade Contractor shall defend all
lawsuits, proceedings, issues, or claims, including attorneys’ fees, for any alleged or asserted infringement of any
patent, intellectual, or other property right, and shall save the Owner and Construction Manager harmless from loss on
account thereof, except that the Owner shall be responsible for all such loss when a particular design, process or the
product of a particular manufacturer or manufacturers is specified, unless otherwise addressed in the Contract
Documents or if the Trade Contractor has reason to believe or should have known that the design, process or product
specified is an infringement of a patent, intellectual or property right. In the event the Trade Contractor has reason to
believe or should have known that a design, process or product specified is or may be an infringement of a patent,
intellectual, or other property right, then the Trade Contractor shall be responsible for such loss, damages and
attorneys’ fees, unless Trade Contractor first provided prompt written notice of all such information to the Construction
Manager.
Gilbane Building Company Trade Contractor Agreement
9.4 In the event the Trade Contractor, at any time, should: (1) refuse, fail or neglect to supply sufficient and
properly skilled workers, supervision, equipment, and materials of the proper quality; (2) fail in any respect to prosecute
the work timely, in compliance with this Agreement; (3) fail in the performance of any obligation or duty of this
Agreement; (4) become insolvent, enter bankruptcy either voluntarily or involuntarily, have a receiver appointed or make
an assignment for the benefit of creditors; (5) materially change its financial condition, transfer any material assets,
change control or management without Construction Managers’ prior written consent (6) enter into any unauthorized
assignment or delegation of this Agreement without Construction Manager’s prior written consent; (7) have any lien,
encumbrance, bond claim, dispute, delay or other claim asserted, filed or threatened under Trade Contractor’s scope of
work or that arises out of Trade Contractor’s involvement in the Project, and Trade Contractor has not promptly removed,
satisfied or paid same; (8) fail to remove or otherwise remedy any defective, non-compliant or unapproved work; and/or
(9) fail to properly remedy a noticed violation of this Agreement; then in that event, Construction Manager after forty-
eight (48) hours written notice to the Trade Contractor, shall have the right, but not the obligation, to any and all
remedies under this Agreement in addition to those available at law or in equity, or both, including without prejudice to
any other remedy, the following contractual remedies:
(a) Investigate the cause of such breach or failure and correct same in any way or manner whatsoever, including,
but not without limitation to, the supplementation of Trade Contractor’s forces, and deduct all such corrective costs,
expenses, losses, delay damages, and any other Damages as provided in this Agreement from Trade Contractor’s
Contract Amount; and/or
(b) Take charge of and complete the performance of this Agreement and the Trade Contractor’s work without
termination of this Agreement, and in such event shall be permitted to take possession of all Trade Contractor’s
materials, equipment, tools and appliances for such work, and deduct all such corrective, repair, remediation or
completion costs, expenses, delay damages, and any other Damages as provided in this Agreement from Trade
Contractor’s Contract Amount; and/or,
(c) Terminate further performance by the Trade Contractor under this Agreement without further notice or payment,
and renegotiate and re-execute a contract or contracts for the completion of the Trade Contractor’s work with such
persons, firms or companies as may be appropriate in the opinion of the Construction Manager, and in such event,
deduct any and all costs, Damages, expenses, completion costs, remediation expenses, delay damages, and any other
Damages as provided in this Agreement from Trade Contractor’s Contract Amount; and/or,
(d) Allow the Trade Contractor to continue performance and accrue and accumulate any and all costs, expenses,
delay damages or other Damages as provided in this Agreement, and deduct same from Trade Contractor’s Contract
Amount; and/or
(e) Pursue any and all other remedies that Construction Manager may have at law or in equity.
9.4.1 In the event the Trade Contractor should violate any term or provision of this Agreement, then Trade Contractor,
and its Surety, if applicable, shall be deemed to be liable to the Construction Manager for any and all resulting
Damages; losses; costs; expenses; incidental damages; consequential damages; indirect damages; completion
damages; correction damages; remediation damages; clean up costs; repairs; delay damages, including but not limited
to liquidated damages; extended field office overhead, extended home office overhead; additional field condition costs;
additional supervision; as well as all attorneys’ fees (including but not limited to the costs of the Construction
Manager’s in-house counsel), and such other damages or remedies as may be available in this Agreement, at law or in
equity (herein collectively referred to as “Damages”). In the circumstances where Construction Manager has undertaken
any involvement in the repair, correction, or completion of Trade Contractor’s work, then in addition to the above and to
the extent not inconsistent with the Contract Documents, the Construction Manager’s contract damages shall also be
deemed to include actual administrative overhead costs in an amount not less than those percentages for overhead &
profit stated in Article 12.1 herein.
9.4.2 In addition to Construction Manager’s rights of set-off provided in Article 3.9 above, in the event the Trade
Contractor’s unpaid Contract Balance is not sufficient to fully pay for all such Damages, then in that event, Trade
Contractor, and its Surety, if applicable, shall promptly pay Construction Manager for any deficiency so that all such
Damages are fully paid.
9.4.3 In the event that a Termination for Cause is not upheld by a properly empowered judicial or arbitral authority,
then the Termination for Cause shall be deemed a Termination for Convenience and construed under Section 9.4.4
hereof.
9.4.4 Notwithstanding the above paragraph, the Construction Manager reserves the right to terminate this Agreement
for its convenience upon written notice to the Trade Contractor. In such instance the Trade Contractor will be paid its
share of the Contract Amount proportionate to the percentage of its work completed and other reasonable cancellation
costs incurred as a result of said termination. No payments shall be made for anticipated overhead and profit. Prior to
making any payments under this clause, the Construction Manager shall have the right to audit the records of the Trade
Contractor.
9.5 The Trade Contractor agrees to adhere to the federal occupational safety act, state and local safety regulations
Gilbane Building Company Trade Contractor Agreement
and the Construction Manager's safety and health program so as to avoid injury or damage to persons or property, and
to be directly responsible for damage to persons and property resulting from failure to do so.
9.6 In the event the Trade Contractor after a twenty-four (24) hour written notice from the Construction Manager,
fails to take corrective action to insure compliance with said safety regulations or removal of rubbish and debris
resulting from his work, the Construction Manager shall undertake these obligations and charge the cost of same to the
Trade Contractor's account without further notice to the Trade Contractor.
9.7 The Trade Contractor agrees to immediately notify the Construction Manager's representative on the jobsite of
any accident, injury or damage to any persons or property on the Project site or related to the Project, and shall
promptly provide the Construction Manager's representative a complete copy of all accident reports, photographs and
videotapes and other documentation related to such accident in forms acceptable or requested by the Construction
Manager. All such reports shall be signed by the Trade Contractor or his authorized representative, and shall be
submitted to the Construction Manager no later than five (5) calendar days from the date of such occurrence.
9.8 The Trade Contractor shall procure its materials from such sources, and employ such labor subject to contract
terms and conditions in order to ensure harmonious labor relations on the site and prevent strikes or labor disputes by
its employees or other trade employees. The Trade Contractor, in the event of a labor dispute including but not limited
to strikes, shall take whatever action is required in order to prevent the disruption, delay, interruption, or adverse
impact of any trade contractor’s work on the Project site.
9.9 The Trade Contractor will not assign this Agreement, nor any moneys due or to become due under this
Agreement, nor any Damages, claims, suits, rights or interests under this Agreement, nor sublet the whole or any part
of the work to be performed hereunder, without the prior written consent of the Construction Manager. In the event the
Trade Contractor has failed to secure such prior written consent of the Construction Manager, then any such assignment
or delegation of performance shall be deemed invalid, void and unenforceable. Further, the Trade Contractor shall not
sell, change, assign, escrow, or transfer, directly or indirectly, any ownership, stock, membership or control of the Trade
Contactor greater than a ten percent (10%) cumulative interest during the duration of the Project, without the prior
written consent of the Construction Manager. Any violation of this section shall be a material breach of this Agreement.
In the event that Construction Manager provides such consent, a Trade-Subcontractor or any other assignee hereunder
shall strictly comply with all the requirements of this Agreement, and further Trade Contractor shall also remain fully
liable for the Trade-Subcontractor’s or other assignee’s obligations under this Agreement, unless otherwise released in
writing by Construction Manager.
9.10 The Trade Contractor agrees that all disputes concerning the jurisdiction of trades shall be adjusted in
accordance with any plan for the settlement of jurisdictional disputes which may be in effect either nationally or in the
locality in which the work is being done. The Trade Contractor shall be bound by, and shall abide by, all such
adjustments and settlements of jurisdictional disputes, whether or not the Trade Contractor is signature bound by the
Agreement establishing the impartial jurisdictional disputes board and/or its successors. The Trade Contractor agrees
not to cause a work stoppage due to the jurisdictional assignment of work.
9.11 The Trade Contractor shall submit to the Construction Manager upon request, copies of orders placed for the
various materials required for the Project or authentic stock lists if such material is normally a stock item. Order copies
need not reflect prices but should indicate type of material, quantity, vendor name, and address, etc. The Trade
Contractor shall be required to submit to the Construction Manager a monthly material status report, or more often if
required by the Construction Manager, as a prerequisite for the monthly progress payment. The Trade Contractor shall
notify the Construction Manager immediately upon learning of a change of status of any material, equipment, or
supplies.
9.12 The Trade Contractor shall continuously and adequately protect all work from damage due to his Work and will
immediately replace or pay for the replacement of all damaged work at its own expense and cost.
9.13 The Trade Contractor agrees to maintain experienced and skilled workers and the necessary materials, supplies,
tools and equipment to meet the requirements of this contract and to maintain the Construction Manager’s Schedule.
The Trade Contractor shall carry on its work promptly and efficiently and at a speed that will not cause any delay. In the
event the Trade Contractor falls behind in the progress of his work, in the sole judgment of the Construction Manager,
then the Trade Contractor agrees to take such steps as are necessary, in the judgment of the Construction Manager, to
improve the rate of progress of Trade Contractor’s work to comply with the requirements of this Agreement, including but
not limited to, increasing the skill and supervision of its workers, working sufficient overtime hours, adding shifts of its
workforce, working additional days, and/or increasing its workforce to meet such schedules, milestones and
requirements of this Agreement at no extra cost to the Construction Manager or Owner. In addition, if requested by the
Construction Manager, the Trade Contractor shall promptly, and within forty eight (48) hours of such request, provide to
the Construction Manager for approval a remediation schedule demonstrating the manner in which the required rate of
progress will be attained by Trade Contractor. Failure of the Trade Contractor to immediately comply with this paragraph,
the Construction Manager’s scheduling requests, its approved remediation schedule, or to improve the rate of progress
as requested by the Construction Manager, shall be a material breach of this Agreement. The Construction Manager shall
be entitled to all damages, costs, losses, incidental and consequential damages, overhead, supervision, field office
overhead, time driven damages, and other Damages as more particularly set forth in other provisions of this Agreement,
Gilbane Building Company Trade Contractor Agreement
plus any damages suffered or asserted by the Owner or Architect whether under a liquidated damage provision or
otherwise. Construction Manager shall further have the right to set-off, at its discretion, any such Damages or
assessments from any amounts or sums that are unpaid to Trade Contractor under this Agreement or any other
agreement between Construction Manager and Trade Contractor (whether for this Project or another project). Permitting
the Trade Contractor to continue performance after breach of this or any other provision of this Agreement shall not be
deemed a waiver, release or discharge of any right, claim, interest or remedy against the Trade Contractor.
9.13.1 It is expressly agreed that time is of the essence of this Agreement, and that the payment of the consideration
herein expressed to be paid by Construction Manager is executory and strictly conditioned upon timely completion of
Trade Contractor’s Work and proper performance of Trade Contractor’s obligations under this Agreement. Unless
otherwise agreed by Trade Contractor and Construction Manager, Trade Contractor shall bear the risk of loss of any of
Trade Contractor’s work (including property intended to become a part of its work) and shall insure it on a 100%
replacement cost basis, until such work or property is delivered to the project site.
9.14 The Trade Contractor agrees to employ competent administrative, supervisory, and field personnel to accomplish
the work, including layout, engineering, preparation and checking of shop drawings. If required, the Trade Contractor
shall substantiate this employment of competent personnel to the Construction Manager's satisfaction before initiating
any work.
9.15 The Trade Contractor shall insure that all construction tools, equipment, temporary facilities, and other items
used in accomplishing the work, whether purchased, rented, or otherwise provided by the Trade Contractor or provided
by others, are in a safe, sound, and good condition, must be capable of performing the functions for which they are
intended and must be maintained in conformance with applicable laws and regulations.
9.16 The Construction Manager shall not be liable to the Trade Contractor for any delay, loss of efficiency,
interruption, disruption, loss of productivity or the like (herein “delay”) as a result of or arising from: (1) fire, weather,
flood, wind, lightning, storm, earthquake, rain, acts of God or other causalities whether by man or nature; (2) any act,
neglect or fault of the Owner, Architect, Engineer, or any of their representative, agents, employees, independent
contractors or trade contractors; (3) any changes in the work; (4) any delay in transportation or availability of any
materials involved in the Project; (5) any labor disputes, strikes, riots, or other labor issues; (6) any act of terrorism or
threats of terrorism; or (7) any other causes beyond the Trade Contractor’s control.
9.16.1 Trade Contractor’s sole and exclusive remedy in such event shall be a reasonable, but uncompensated, extension
of time as determined by the Construction Manager and Owner for Trade Contractor to complete its work pursuant to
this Agreement. As a strict condition precedent to Trade Contractor’s claim for such an extension of time, the Trade
Contractor shall within seventy-two (72) hours of the beginning of such event serve the Construction Manager with a
written Request for Extension of Time including Notice of the specific event that is the basis for such an extension of
time. In the event the Trade Contractor fails to timely and properly serve the Construction Manager with such written
Request and Notice, then the Trade Contractor shall have waived any entitlement to an extension and shall have waived
any remedy. In the event Trade Contractor is entitled to an extension of time, the Trade Contractor shall under no
circumstances be entitled to any additional compensation, payment, damage, or other remedy. The extension of time
shall be the Trade Contractor’s sole and exclusive remedy.
9.17 Right-To-Know Laws. Each Trade Contractor is required to implement the provisions of the right-to-know law, if
any, as enacted by the state in which the work is being performed. Before using on site any material listed in the right-
to-know substance list, each Trade Contractor will furnish the Construction Manager a copy of the material safety data
sheet for that substance.
9.18 In the event the Trade Contractor employs independent contractors, as well as payroll labor, to discharge its
obligations hereunder, the Trade Contractor acknowledges and understands that it does so at its own risk and that
federal, state and/or local agencies may dispute the independent contractor status and assess penalties, fines, and
costs should there be a determination to reclassify such workers. In that event, the Trade Contractor agrees that it will
defend, indemnify and hold the Construction Manager and the Owner harmless from any fines, costs, Damages,
penalties, attorneys’ fees, and causes of action, including without limitation, personal injury or property damage, arising
out of or relating in any way to such a determination.
9.19 TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE TRADE CONTRACTOR HEREBY WAIVES TRIAL BY
JURY IN ANY ACTION OR PROCEEDING TO WHICH THE TRADE CONTRACTOR MAY BE A PARTY ARISING OUT OF
OR IN ANY WAY PERTAINING TO THIS AGREEMENT OR THE ENFORCEMENT THEREOF. IT IS AGREED AND
UNDERSTOOD THAT THIS WAIVER CONSTITUTES A WAIVER OF TRIAL BY JURY OF ALL CLAIMS AGAINST ALL
PARTIES TO SUCH ACTIONS OR PROCEEDINGS, INCLUDING CLAIMS AGAINST PARTIES WHO ARE NOT PARTIES
TO THIS AGREEMENT. THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY THE TRADE
CONTRACTOR AND THE TRADE CONTRACTOR HEREBY REPRESENTS THAT NO REPRESENTATIONS OF FACT OR
OPINION HAVE BEEN MADE BY ANY INDIVIDUAL TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY
WAY MODIFY OR NULLIFY ITS EFFECT. THE TRADE CONTRACTOR FURTHER REPRESENTS THAT IT HAS HAD
THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH INDEPENDENT LEGAL COUNSEL. NOTWITHSTANDING
THE FOREGOING, IN THE EVENT ANY LITIGATION HEREUNDER INCLUDES THE OWNER AS A THIRD PARTY
WHETHER BY IMPLEADER OR OTHERWISE, AND THE OWNER HAS NOT WAIVED RIGHT TO TRIAL BY JURY, THIS
Gilbane Building Company Trade Contractor Agreement
ARTICLE 10
CONSTRUCTION MANAGER RESPONSIBILITIES
10.1 The Construction Manager shall be bound to the Trade Contractor by the terms of this Agreement. To the extent
that the provisions of the contract document between the Owner and the Construction Manager apply to the work of the
Trade Contractor as defined in this Agreement, the Construction Manager shall assume toward the Trade Contractor all
the obligations and responsibilities that the Owner, by those documents, assumes toward the Construction Manager.
The Construction Manager shall have the benefit of all rights, remedies, and redress against the Trade Contractor which
the Owner, by those documents, has against the Construction Manager. Where any provision of the contract documents
between the Owner and the Construction Manager is inconsistent with any provision of this Agreement, this Agreement
shall govern.
10.2 The Construction Manager shall not give instructions or orders directly to employees or workers of the Trade
Contractor, except to persons designated as authorized representatives of the Trade Contractor.
ARTICLE 11
EQUAL OPPORTUNITY
11.1 During the performance of this Agreement, the Trade Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin. The Trade Contractor will
take affirmative action to insure that applicants are employed without regard to their race, color, religion, sex, or
national origin. The Trade Contractor will comply with all provisions of Executive Order No. 11246, Section 503 of the
Rehabilitation Act of 1973, as Amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as Amended,
(38 U.S.C. §§ 4212, et seq.) and their implementing regulations at 41 CFR Chapter 60.
11.2 The E.E.O. Certificate of Assurance (Exhibit A) is attached hereto and incorporated herein as if made a part
hereof.
ARTICLE 12
ALTERATIONS
12.1 The overhead and profit allowable under this Agreement is as follows:
The maximum allowable mark-up for overhead and profit combined on changes in the work is:
Change Oder Amount $0.00 to $5,000.00: 20%
Change Oder Amount $5,001.00 to $15,000.00: 17%
Change Oder Amount $15,001.00 to $25,000.00: 15%
Change Oder Amount $25,000.00 and greater: 12%
12.2 The Trade Contractor hereby agrees to defend, indemnify and hold the Construction Manager and the Owner
harmless from and against any and all claims which arise out of or result from the Trade Contractor's negligence, errors,
acts or omissions in the performance of the design services required under this Agreement.
12.3 In accordance with Construction Manager/Owner Agreement, retainage shall be seven and one half percent (7.5%).
12.4 It is understood that certain taxes are applicable only up to specified earnings ceilings. When used in pricing
changes orders, these labor rates are subject to audit to determine if those earnings ceilings have been exceeded. The
Trade Contractor agrees to immediately refund to the Construction Manager any overpayment that, pursuant to an audit,
has been determined to have been made by the Construction Manager to the Trade Contractor.”
See Attachment “A” hereto for the continuance of Article 12.
ARTICLE 13
COMPLETE AGREEMENT
13.1 This Agreement, together with all documents, specifications, drawings, incorporated herein by reference,
constitutes the entire Agreement between the Construction Manager and Trade Contractor. There are no terms,
conditions, or provisions, either oral or written, between the parties hereto, other than those contained herein. This
Agreement supersedes any and all written representations, inducements, or understandings of any kind or nature
between the parties hereto, relating to the particular Project involved herein.
13.2 The said parties for themselves, their heirs, successors, executors, administrators and assigns, do hereby agree
to the full performance of the covenants herein contained.
13.3 All terms, conditions, stipulations, covenants, promises and agreements contained in this Agreement shall be
Gilbane Building Company Trade Contractor Agreement
considered severable in the event one or more of them shall be determined hereafter by a court of competent
jurisdiction to be invalid. The Construction Manager and the Trade Contractor’s express intent is for this Agreement,
except for any portion thereof so declared invalid, to remain valid, binding and in full force. Further, to the extent the
Court determines that any such term, covenant or provision, or part thereof, is invalid or unenforceable, then the Court
is directed to reform such provision to provide an enforceable provision which is in conformity with the intent of the
original provision and the global intent of this overall Agreement.
13.4 It is understood and agreed by both Parties that any attempt by either Party to amend, modify or change this
Agreement shall not be binding or enforceable unless and until and as a condition precedent the Construction Manager
has affirmatively agreed to each such modification(s) or amendment in writing by an authorized representative of the
Construction Manager.
Gilbane Building Company Trade Contractor Agreement
Cost Distribution
Attachments
Gilbane Building Company Trade Contractor Agreement
EXHIBIT A
CERTIFICATE OF
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
The Contractor agrees and certifies, unless otherwise exempt, that it is in compliance with the applicable requirements of Executive
Orders No. 11246, 11701 and 11758 as amended, or will take steps to comply with such requirements prior to acceptance of any
contract or purchase order from Gilbane Building Company (“the Company”). This agreement and certificate shall form a part of, and
be deemed incorporated in, each order submitted to you for services or materials exceeding the applicable amount and so long as
required by Executive Orders No.11246, 11701 and 11758, as amended, and regulations issued thereunder by the Office of Federal
Contract Compliance.
1. EQUAL OPPORTUNITY CLAUSE (Applicable to contractors with $10,000 or more in contracts under Executive Order No. 11246)
1.1 The Contractor will not discriminate against any employee or applicant because of race, color, religion, sex or national origin. The
Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
1.2 The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
1.3 The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other
contract or understanding, a notice advising the labor union or workers' representative of the Contractor's commitments under Section 202 of
Executive Order No.11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
1.4 The Contractor will comply with all provisions of Executive Order No.11246 of September 24, 1965, and of the rules, regulations and
relevant orders of the Secretary of Labor.
1.5 The Contractor will furnish all information and reports required by Executive Order No. ·11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
1.6 In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations,
or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
1.7 The Contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempt by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 Executive Order No.11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance; providing, however,
that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interest of the
United States.
2. CERTIFICATE OF NON-SEGREGATED FACILITIES (Applicable to contractors with $10,000 or more in contracts under Executive Order 11246)
Contractor does not maintain or provide for its employees any segregated facilities at any of its establishments, and does not permit its
employees to perform their services at any location, under its control, where segregated facilities are maintained. Contractor certifies further
that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its
employees to perform their services at any location, under its control, where segregated facilities are maintained.
Contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification,
“segregated facilities” mean any waiting rooms, work areas, rest rooms and wash rooms, restaurants, and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing
facilities which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of
habit, local custom, or otherwise.
Gilbane Building Company Trade Contractor Agreement
Contractor further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it
will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
from the provisions of the Equal Opportunity Clause; that it will retain such certifications in its files; and that it will forward the following notice
to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods) .
A certificate of non-segregated facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the
provisions of the Equal Opportunity Clause. The certification may be submitted either for each subcontract or for all subcontracts during a
period (i.e., quarterly, semi-annually, or annually).
3. AFFIRMATIVE ACTION COMPLIANCE PROGRAM (Applicable to contractors with 50 or more employees and $50,000 or more in contracts under
Executive Order 11248)
Contractor agrees to develop a written Affirmative Action Compliance Program for each of its establishments as required by 41 CFR 6-1.40.
4. EMPLOYERS INFORMATION REPORT (Applicable to contractors with 50 or more employees and $50,000 or more in contracts under Executive
Order 11246)
Contractor has filed: Standard Form 100, entitled "Equal Employment Opportunity Employer Information Report” (EEO-1); or EEOC Form 164,
State and Local Government Information (EEO-4); or EEOC Form 68A and B, Elementary-Secondary Staff Information (EEO-5); or EEOC Form
221, Higher Education Staff Information (EEO-6), as required by 29 CFR 1602.3 and 41 CFR 6-1.7.
5. EMPLOYMENT OF VETERANS (Applicable to contractors with $10,000 or more in contracts under Executive Order 11701)
Contractor agrees and certifies that it will comply with the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against
qualified protected Veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in
employment qualified protected Veterans.
6. EMPLOYMENT OF INDIVIDUALS WITH DISABIITIES (Applicable to contractors with $2,500 or more in contracts under Executive Order 11758)
Contractor agrees and certifies that it will comply with the Affirmative Action Clause set forth in 41 CFR 60-741.4 to promote affirmative action in
the employment and advancement of qualified individuals with disabilities. This contract clause is incorporated herein by reference.
The person(s) whose signature(s) appear(s) below is/are authorized to sign this certificate, and to commit the applicant to the applicable provisions.
Gilbane Building Company Trade Contractor Agreement
In witness whereof they have hereunder set their hands the day and date first above written.
Signatures
Sample Vendor
Trade Contractor
Article 12 continued:
12.5 Article 6.3 (d) above is hereby deleted its entirety and replaced with the following:
(d) Excess (or Umbrella) Liability. Trade Contractor shall provide occurrence-based
follow-form excess (or umbrella) liability insurance which shall provide coverage excess over
its employer’s liability, CGL and BAP insurance. The excess (or umbrella) coverage limits
shall not be less than the following:
However, if Trade Contractor is using a crane as defined in OSHA 1926.1400 (a) if the crane
is a tower crane, then Trade Contractor shall provide excess (or umbrella) liability coverage
of at least $25,000,000 per occurrence/$25,000,000 in aggregate if the crane is other than
a tower crane, then such limits shall be increased to $10,000,000 per
occurrence/$10,000,000 in aggregate. Trade Contractor agrees to adhere to any procedural
guidelines required by Construction Manager with respect to evidencing insurance coverage
applicable to any crane including the operation of it.
12.6 Reference Article 6.3 (j); insert the following before the last sentence and after the
second to last sentence: “The words "ENDEAVOR TO" and "BUT FAILURE TO MAIL SUCH
NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,
ITS AGENTS OR REPRESENTATIVES" shall be deleted from the certificate form's cancellation
provision.”
12.9 Reference Article 8.6; delete “five percent (5%)” and replace with “six percent (6%)”.
12.10 Reference Article 7.1; in the second sentence delete “one (1) year” and replace with
“eighteen (18) months”.
WHEREAS, Principal has by written agreement dated __________ __, 2017 entered into a contract with Obligee for the State Office
Building Renovation and New Parking Garage Project in accordance with drawings and specifications prepared by Amenta/Emma
Architects, PC which contract is by reference made a part hereof, and is hereinafter referred to as the contract. NOW THEREFORE,
THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly and faithfully perform said contract, 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 be null and void; otherwise it shall
remain in full force and effect.
Whenever Principal shall be, and be declared by Obligee to be in default under the contract, the Obligee having performed Obligee's
obligations thereunder:
(1) Surety may promptly remedy the default subject to the provisions of paragraph 3 herein or;
(2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee may arrange for the performance of Principal's
obligation under the contract subject to the provisions of paragraph 3 herein;
(3) The balance of the contract price, as defined below, shall be credited against the reasonable cost of completing performance of the
contract. If completed by the Obligee, and the reasonable cost exceeds the balance of the contract price the Surety shall pay to the
Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety arranges
completion or remedies the default, that portion of the balance of the contract price as may be required to complete the contract or
remedy the default and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the manner as said sums
would have been payable to Principal had there been no default under the contract. The term "balance of the contract price," as used
in this paragraph, shall mean the total amount payable by Obligee to Principal under the contract and any amendments thereto, less the
amounts heretofore properly paid by Obligee under the contract.
Any suit under this bond must be instituted before the expiration of (a) two years from the date on which final payment under the
contract falls due; or (b) the applicable statute of limitations of the jurisdiction in which the bond is executed, whichever is later.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligees named herein or the
heirs, executors, administrators or successors of the Obligees.
___________________________________________________
(Surety)
______________________________________________
(Witness)
___________________________________________________
(Title)
WHEREAS, Principal has by written agreement dated __________ __, 2017 entered into a contract with Obligee for the State Office
Building Renovation and New Parking Garage Project in accordance with drawings and specifications prepared by Amenta/Emma
Architects, PC which contract is by reference made a part hereof, and is hereinafter referred to as the contract. NOW, THEREFORE,
THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly make payments to all claimants as
hereinafter defined, for all labor and materials used or reasonably required for use in the performance of the contract, 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 be void; otherwise it shall remain in
full force and effect, subject, however, to the following conditions:
(1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material,
or both, used or reasonably required for use in the performance of the contract. Labor and material being construed to include that
part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, payroll taxes, contributions for
unemployment insurance, old age pensions and annuities which are measured by wages and/or salaries directly applicable to the
contract.
(2) The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined,
who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's
work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such
claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The
Obligee shall not be liable for the payment of any costs or expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant,
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood,
however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall
be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the
project, or any part thereof, is situated, or in the United States District Court for the district in which the project or any part thereof, is
situated, and not elsewhere.
(4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.
_________________________________________________________
(Surety)
______________________________________________
(Witness)
_________________________________________________________
(Title)
Labor and Material Payment Bond. This bond is issued simultaneously with another bond
in favor of the Obligee conditioned for the full and faithful performance of the contract.
Our Purchasing Department has awarded your firm a contract on the above referenced project. Gilbane
will solely use Textura Contract Payment systems to manage trade contractor pay applications and
compliance documentation. Please sign up online with Textura at http://www.texturallc.com
In order to expedite payments and to avoid any misunderstanding as to the proper billing procedures to be
followed, the following instructions shall be adhered to:
1. The following are items that the trade contractor must comply with immediately following
the contract award for issuance of payment.
A. Submit for approval a listing of all sub-trade contractors and major suppliers to be listed
each month on the Contractor’s Sworn Statement.
B. Schedule of Values
Submit for approval a detailed Schedule of Values of your Contract amount. This
breakdown shall be divided into both labor and material line items for each area/scope of
work in your Contract Specifications. If additional work is awarded by Change Order,
each change must be broken down on a separate page of their own. Quantities shall be
noted when applicable on material items. Separate line items must also be included for
the following: shop drawings, allowances, clean up, safety, site supervision and
coordination, closeout, Commissioning Testing and Certification and acceptance,
training, Warranties, Guarantees, As-Builts Drawings, Attic Stock.
Submit to the Project Manager the first schedule of values in electronic spreadsheet
format immediately upon contract award for approval. Final approved schedule of
values will be uploaded to Textura Contract Payment System by Gilbane.
G. Signing Authority
Provide a letter from an Officer of the Company naming the persons within your
organization that are authorized to sign Contracts, Contract Amendments, Requisitions,
Sworn Statements, Waivers, Releases, Warranties, and any other documents required.
A draw calendar will be posted in Textura and at the request of the Project Team, the pay
application and all supporting documents requested for payment MUST be completed with
Textura no later than noon on the ___ of each month to include work completed through the last
day of that month. The application will be reviewed by the Gilbane project staff. If necessary, it
will be returned for corrections. Please note that approval of all requisitions ultimately lies with
the owner’s representatives.
When submitting monthly pay applications; work completed must be projected through the end of
each month. Applications posted in Textura after the third day after the invitation to submit
from Textura will not be considered for payment until the following month. If the third day
falls on a weekend, then the application must be posted in Textura on the Friday prior to
the third day. No exceptions will be made so please plan accordingly.
Please note: The dates for submission of monthly pay applications are subject to change once
Project requirements are finalized.
When submitting monthly Application for Payment; Prime Contractor is required to fully execute
and sign the following documents through Textura Contract Payment System:
1. Contractor’s Sworn Statement. Prime contractor must list all sub-trade contractors
and major suppliers working on the Project. Contractor Sworn Statement must
include Total Contract or Purchase Order amount; total paid to date amount and
balance amount due sub-trade contractors and major suppliers. Prime Contractor will
be required to attach/upload into Textura Contractor Payment System their sub-trade
contractors and major suppliers lien waivers and Union Confirmation Letter.
5. Certified payrolls must be current, with Monthly Utilization Report for previous
month. These documents should be mailed hard copy to jobsite address.
3. Extra Work
A. You are cautioned concerning any extra work. This department will not under any
circumstances make payment to you for extra work included as part of your monthly
Request for Payment unless a Contract Amendment has been issued or a separate
Purchase Order written.
4. Contract Closeout
A. When your Contract has reached substantial completion, request for contract closeout
must be made in writing to the Project Manager. Final billing must include Gilbane
Building Company General Guarantee, General Release and Waiver of Lien, Final Sworn
Statement, Final Subs/Supplier’s Waiver with the amount paid, and Final MBE Affidavit,
forms to be provided prior to contract completion by the Project Accountant These
documents must be fully completed and uploaded to the Textura Contract Payment
System.
5. Special Note
Under certain circumstances, the Owner, Architect or Project Specifications may require
additional information from the Trade Contractor not contained in the aforementioned
instructions. If this should occur, a separate instruction will be issued by this office or included
as an addendum to the attached index of forms to be used on the project. Please be advised that
the trade contractor shall not be compensated for such requests for additional information.
TBD
7. Contact
Any questions relating to billings, payment, waivers, suppliers’ waivers and required documents
shall be addressed to:
TBD
8. Safety Requirements
The trade contractor shall submit copies of any routine accident reports to the Construction
Manager within 24 hours. Any major accident shall be reported immediately to the Construction
Manager. The Safety Plan included in the bid documents shall be strictly adhered to, and the
Safety Assignment Notice completed and returned to the jobsite.
9. Stored Material
Payment for any material stored off site is solely at the discretion of the Owner. If payment is
permitted by the Owner, any material stored off site must carry additional insurance (All Risk
Rider) stating Gilbane Building Company and Owner as insured, location and amount. All
material is to be inspected by Gilbane Building Company personnel and the Architect or
Engineer, or Owner's Representative and must receive the recommendation from the Architect or
Engineer, or Owner's Representative for payment therefor. The Trade Contractor shall pay for the
cost of the Architect's or Engineer's, or Owner's Representative's time and expense in performing
Gilbane will monitor actual performance regarding the Projects M/WBE and EEO goals through
the utilization of various CHRO reports provided by the Trade Contractors. These reports will be
required as a condition for payment to the Trade Contractor.
Requirements
A. Remittance of Daily Force and Activities Reports which identified the number, trade
classification and equal opportunity code (EQC) for every employee and the respective
totals for each through iBuild on line system.
TBD
ATTN: Gilbane
E. MSDS Information must accompany all material deliveries in accordance with the
Hazard Communication Program.
F. Material Status Reports are required every month with billing. If they are not submitted,
the requisition will not be accepted.
If you have any questions as to the proper execution or use of these forms or any questions concerning
these instructions, do not hesitate to contact the Project Accountant.
By earnestly following these instructions, a significant contribution will be made to the success of the
project to the benefit of all concerned.
Project: State Office Building & New Parking Job Number: J06930.000 Page:
Garage
Trade: Subcontractor:
Ph:
Ph:
Ph:
Ph:
Ph:
Ph:
Ph:
Ph:
State of _________________
SUBCONTRACTS
LABOR
Any deponent further says that the Contractor ____ has ____ not employed, or procured material
from, or subcontracted with, any person, firm or corporation other than those above mentioned, for labor
or material for said building, other than the sums above set forth.
_________________________________
Subscribed and sworn to before me this _______ day of __________________ A.D. 20____.
_________________________________
Notary Public in and for ________________________ County.
I, the undersigned, being a duly authorized Agent/Officer of the company stated below, do
hereby affirm that all bills against _______________________________________ for labor,
materials, services, etc. provided to said Company for Gilbane Building Company’s project
entitled State Office Building Renovation and New Parking Garage have been fully paid
covering work completed through period ending _____________ and our right of lien is hereby
waived.
__________________________________
(Company)
__________________________________
(Signature)
__________________________________
(Title)
_____________day of__________20_____.
My commission expires________________
_____________day of _________20_____.
___________________________________
Notary Public
(SEAL)
I, the undersigned, being a duly authorized Agent/Officer of the company stated below, do
hereby affirm that all bills against _______________________________________ for
materials, services, etc. provided to said Company for Gilbane Building Company’s project
entitled State Office Building Renovation and New Parking Garage have been fully paid
covering work completed through period ending _____________ and our right of lien is hereby
waived.
__________________________________
(Company)
__________________________________
(Signature)
__________________________________
(Title)
_____________day of__________20_____.
My commission expires________________
_____________day of _________20_____.
___________________________________
Notary Public
(SEAL)
TOTALS
1. Seller does hereby covenant and warrant to the Purchaser that Seller is the lawful owner of the Property; that the
Property is free from all liens and claims whatsoever; that Seller has good right to sell the same; that Seller will
warrant and defend same against the claims and demands of all persons.
2. Seller will provide safe and proper storage for the Property and will cause to be placed conspicuously and
securely on the Property a sign or signs which will show that the Property is the property of the Purchaser.
3. The Property shall be held at Seller’s risk, and shall be kept insured against fire, theft and all other hazards by
Seller at Seller’s expense while its custody or control in an amount equal to the replacement cost thereof, with
loss payable to Purchaser. Copies of certificates evidencing such insurance will be furnished to Purchaser.
4. The Purchaser shall have the right to inspect the Property at any time during normal business hours at the
storage facilities of the Seller. The failure to inspect shall not be deemed a waiver of any of the rights of the
Purchaser, and if the Property is found to be defective, in materials or workmanship, stolen or lost, in whole or
in part, the Seller shall replace the same at its own cost.
5. The Property shall be subject to removal by Purchaser, at any time upon Purchaser’s instructions.
6. Seller does hereby warrant to purchaser that the value of the property described herein is
$______________________________.
FURTHER
IN WITNESS WHEREOF, The Undersigned has set his hand this ___________ day of _______________, 20___.
SELLER:______________________________________
(TITLE)
WITNESS:
______________________________________________
State of ___________________________________
County of _________________________________
This is to certify that _______________________________, personally known to me to be the same person whose
name subscribed to the foregoing Bill of Sale appeared before me, _______________________________, a notary
public, this _________ day of _______________, 20_____ and expressly acknowledged to me that the execution of
said foregoing Bill of Sale is his free and voluntary act.
Date:
Contractor’s Name:
Bid Package #:
Project Title: State Office Building Renovation & New Parking Garage
CONSTRUCTION MANAGEMENT
AGREEMENTS
January 3, 2017
TABLE OF CONTENTS
ARTICLES PAGE
For the purpose of this document the term "Work" is the work defined in Article 1 of the Trade
Contract.
The Project is the total construction to be performed under the Agreement between the Owner and
Construction Manager of which the Work is a part.
The project is to be constructed under a multi-contract (Bid Package) arrangement utilizing multiple
trade contracts. The Scope of Work (description of the portion of work) for each "Bid Package"
shall be specified in the "Proposal Form" and “Supplements” which form is part of each "Bid
Package".
a. Require work to be performed which is covered under more than one (1) section of the
Specifications; and/or
b. Require the performance of one or more items of work, which are only a part of the work
covered by a section of the Specifications.
The Construction Manager assumes no liability arising out of jurisdictional issues raised or claims
advanced by trade organizations or other interested parties based on the arrangement of manner or
subdivision of the content of the Plans and Specifications. The Trade Contractor shall make all
necessary arrangements to reconcile any such jurisdictional conflicts without delay, damage or cost
to the Construction Manager or Owner.
1.4 ABBREVIATIONS
The language of the specifications and elsewhere in the Contract Documents is of the abbreviated
type in certain instances, and implies words and meanings which will be appropriately interpreted.
Actual word abbreviations of a self-explanatory nature have been included in the Specifications and
Drawings. These are generally defined in the Specification Sections at the first instance of use of
each term so abbreviated. They are generally summarized in a list on the Drawings. Singular words
will be interpreted as plural and plural words will be interpreted as singular wherever applicable and
the full context of the requirements so indicates.
1.5.1 "Provide", or "perform": To supply, install and connect up complete and ready for safe and regular
operation of particular work referred to unless specifically noted otherwise.
1.5.2 "Furnish only", “furnish” or “supply”: to purchase, procure, acquire and deliver complete with all
related accessories to the site or other designated location and transfer to others for installation.
1.5.3 "Install": To receive, unload, distribute, construct, erect, mount, and connect complete with related
accessories.
1.5.4 "Product": The term "product" shall include materials, equipment and systems.
1.5.5 “Approval”, where required for an item, shall be obtained from the Architect through the
Construction Manager in writing.
1.5.6 The term "As Indicated" is a reference to example details, notes, or schedules on the drawings, other
paragraphs or schedules in the Specifications, and similar requirements in the Contract Documents
to define the Work and is not meant to limit the scope. Where terms such as "Shown", "Noted",
"Scheduled", and "Specified" are used instead of "Indicated, it is for purpose of helping the reader
accomplish the reference, and no limitation of location is intended except as specifically noted.
1.5.7 "Suitable", "reasonable", "proper", "correct" and "necessary": Such terms shall mean as suitable,
reasonable, proper, correct, or necessary for the purpose intended as required by the Contract
Documents, subject to the judgment of the Architect or the Construction Manager.
1.5.8 "Including", "Such as": The terms "including" and "such as" shall always be taken in most inclusive
sense, namely, "including, but not limited to", and "such as, but not limited to".
1.5.9 "Option": The term "option" shall mean a choice from the specified products or procedures, which
shall be made by the Trade Contractor. The choice is not "whether" the work is to be performed, but
"which" product or "which" procedure is to be used.
1.5.10 "Exposed": The term "exposed" shall mean any item or surface, exterior or interior, which can be
seen by a person outside the building, or seen by a person inside any usable space within the
building during normal activity.
Mechanical and electrical rooms, air handling rooms, storage rooms and penthouses shall be
considered to have exposed surfaces, as shall the mechanical and electrical construction within
them.
The interiors of closets and alcoves shall be considered exposed surfaces, and shall be finished to
match the finish of the adjoining room or space, unless another finish is shown.
The interiors of cabinets shall be considered exposed, but a finish different from that of the exterior
may be permitted or required.
Spaces which are not normally occupied or used by occupants or building staff, such as, shafts,
hoistways, tunnels, ceiling plenums, attics, and crawl spaces shall be considered "concealed" spaces,
unless finishes are shown or specified for their surfaces.
1.5.12 "Testing Laboratory": An independent entity engaged to perform specific inspections or tests of the
Work, either at the project site or elsewhere; and to report and interpret the results of those
inspections or tests.
1.5.13 Unless specifically noted otherwise in the contract documents, the term “overhead” as used in
Article 12.1 of the Trade Contract and elsewhere with similar meaning shall be understood to
include but not necessarily be limited to the following:
.1 Salaries, fringes and other compensation of the trade contractor’s personnel stationed at the
trade contractor’s principle office or offices other than the project site office.
.2 Salaries, fringes and other compensation of the trade contractor’s personnel stationed at the
project in “non-working” supervisory and/or administrative roles.
.3 Expenses of the trade contractor’s principle office and offices including the project site
office. These expenses include, without limitation, heat, light, power, stationery &
supplies, postage & shipping, office equipment (fax, telephone, copiers, computers,
printers, software, furniture, radios, telephones, Nextel, parking, all company vehicles,
etc.), lease line cost, drinking water, coffee, first aid, shop drawings, submittals, samples,
as-built drawings, blueprinting, photocopying, record storage, trailers.
.4 Trade contractor’s capital expenses including interest on the trade contractor’s capital
employed for the Work.
.6 The cost of small tools (valued at $250 or less per unit purchase price) and associated
consumables.
.7 Incidentals
2.1 By executing his Agreement, each Trade Contractor represents that he has visited the site, verified
that all specified material and equipment is available, familiarized himself with the local conditions
under which the Work is to be performed and correlated his observances with the requirements of
the Contract Documents. Claims, as a result of failure to do so, will not be considered.
The Trade Contract shall be signed in quadruplicate by the Construction Manager and Trade
Contractor.
2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and
completion of the Work. The Contract Documents are complementary, and what is required by any
2.3 Review the Contract Documents for work by this Trade Contractor included within other
specification sections. This Trade Contractor will be responsible for all work within your scope of
work within other specification sections, or on drawings whether or not specifically listed within
Section M of the Proposal Form.
3.1 Unless otherwise provided in the Contract Documents, the Trade Contractor will be furnished, free
of charge, one (1) set of Drawings and Specifications included in the Trade Contract Agreement.
3.2 All Drawings, Specifications, and copies thereof, produced by the Architect/Engineer are and shall
remain his property. They are to be used only with respect to this Project and are not to be used on
any other project. With the exception of one contract set for each party, such documents are to be
returned or suitably accounted for to the Architect/Engineer on request at the completion of the
Work. Submission or distribution to meet official regulatory requirements or for other purposes in
connection with the Project is not to be construed as publication in derogation of the
Architect/Engineer's common law copyright or other reserved rights.
3.3 The Trade Contractor shall provide copies of all codes, articles, standards, pricing guides, etc.
referenced in the contract documents assigned to the Trade Contractor.
ARTICLE 4 - OWNER
4.1 DEFINITION
State of Connecticut
Department of Administrative Services
Division of Construction Services
450 Columbus Boulevard
Hartford, CT 06106
4.1.2 The Owner is the person or entity identified as such in the Agreement between the Owner and
Construction Manager and is referred to throughout the Contract Documents as if singular in
number and masculine in gender. The term "Owner" means the Owner or his authorized
representative.
4.1.3 The term "Owner" shall mean the Project Name through the governing body, the board, the building
committee or other agent with authority to execute the capital outlay program for the company,
institution or agency involved.
4.2.1 The Owner will furnish all surveys describing the physical characteristics, legal limitations and
utility locations for the site of the Project, and a legal description of the site.
4.2.2 Except as provided in Article 9.2 of the Trade Contract, the Owner will secure and pay for necessary
approvals, easements, assessments and charges required for the construction, use, or occupancy of
permanent structures or for permanent changes in existing facilities.
4.2.3 Information or services under the Owner's control will be furnished by the Owner with reasonable
promptness to avoid delay in the orderly progress of the Work.
4.2.4 The Owner shall forward all instructions to the Trade Contractors through the Construction
Manager.
ARTICLE 5 - ARCHITECT/ENGINEER
5.1 DEFINITION
5.1.2 The Architect/Engineer is the person lawfully licensed to practice architecture or engineering or an
entity lawfully practicing architecture or engineering identified as such in the Agreement between
the Owner and Construction Manager and is referred to throughout the Contract Documents as if
singular in number and masculine in gender. The term Architect/Engineer means the
Architect/Engineer or his authorized representative.
5.1.3 Nothing contained in the Contract Documents shall create any contractual relationship between the
Architect/Engineer and any Trade Contractor.
5.2.1 The Architect/Engineer will be the interpreter of the requirements of the Drawings and
Specifications. The Architect/Engineer will, within a reasonable time, render such interpretations as
are necessary for the proper execution of the progress of the Work.
5.2.2 The Architect/Engineer shall interpret the requirements of the Contract Documents to determine the
entitlement of change orders and he shall decide all other questions of design intent in connection
with the Work.
5.2.3 The Architect/Engineer will recommend suspension of the Work whenever such suspension may be
necessary to ensure proper execution of the Work.
5.2.5 It shall be the responsibility of the Architect/Engineer to make interpretations and render opinions in
regard to all claims of the Owner or Construction Manager involving questions of interpretation of
the intent of the drawings and specifications.
5.2.6 Neither the Trade Contractor, the Construction Manager nor the Owner shall be bound by any
determination, interpretation or opinion of the Architect/Engineer if it is later determined that such is
not in accord with the true intent of the contract documents. The party taking issue with the
determination, interpretation or decision of the Architect/ Engineer shall give the other party or
parties, as the case may be, written notice of such fact within ten (10) days after the determination,
interpretation or opinion is rendered by the Architect/Engineer.
However, it is the intent of this paragraph, 5.2 that in the actual performance of the Work, the Trade
Contractor and/or the Construction Manager shall, in the first instance, proceed in accordance with
the instruction given by the Architect/Engineer unless the Owner and the Construction Manager
mutually agree that the Trade Contractor and/or the Construction Manager shall proceed otherwise.
5.2.7 The Architect/Engineer's decision in matters relating to artistic effect will be final if consistent with
the intent of the Contract Documents.
5.2.8 The Architect/Engineer will have authority to reject Work, which does not conform to the Contract
Documents. Whenever, in his opinion, he considers it necessary or advisable to insure compliance
with the intent of the Contract Documents, he will have authority to require special inspection or
testing of the Work in accordance with Subparagraph 24.2 whether or not such Work has been
fabricated, installed or completed. However, neither the Architect/Engineer's authority to act under
this Subparagraph nor any decision made by him in good faith either to exercise or not to exercise
such authority, shall give rise to any duty or responsibility of the Architect/Engineer to the Trade
Contractor, any Trade-Subcontractor, any of their agents or employees, or any other person
performing any of the Work. The absence of the Architect/Engineer from exercising such authority
does not relieve the Trade Contractor from their responsibility.
5.2.9 The Architect/Engineer will be the judge of the performance of the Work and will use his powers
under the Contract Documents to enforce the Trade Contractor’s performance. The
Architect/Engineer will determine the quantity, quality, acceptability and fitness of all or part of the
Work.
5.2.10 The Architect/Engineer will review and approve or take other appropriate action upon Trade
Contractor's submittals such as Shop Drawings, Product Data, Samples, and RFI’s but only for
conformance with the design intent of the Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The
Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which
the item is a component.
5.2.11 The Architect/Engineer along with the Construction Manager will conduct inspections to determine
the dates of Substantial Completion and Final Completion, and will receive written warranties and
related documents required by the Contract and assembled by the Trade Contractor.
6.1 DEFINITION
6.1.2 The Construction Manager is the person or entity who has entered into an agreement with the Owner
to serve as Construction Manager and is referred to throughout the Contract Documents as if
singular in number and masculine in gender. The term Construction Manager means the
Construction Manager acting through his authorized representative.
6.1.3 The Construction Manager is not the General Contractor and, unless otherwise expressly provided in
the contract documents, does not have the responsibility to perform any of the traditional duties of a
General Contractor. All reference in the contract documents to the Construction Manager/General
Contractor as performing any actual work or providing services in connection with any aspect of
construction shall be understood to mean Trade Contractor. Construction Manager will not layout,
log, record, or otherwise provide actual work or service related to the Trade Contractor’s work.
6.1.4 It is the intent of these General Conditions to allow the Construction Manager to direct and schedule
the performance of all Work and the Trade Contractors are expected to follow all such directions
and schedules.
6.2.1 The Construction Manager will provide the general administration of the Project as described herein
and in Article 10 of the Trade Contract.
6.2.2 The Construction Manager will be the Owner's construction representative and shall have the
responsibility to monitor and coordinate the work of all Trade Contractors.
6.2.3 The Construction Manager shall execute all construction contracts with the Trade Contractors. The
Owner is not a party to such contracts. The relationship of the Construction Manager to the Owner
is that of an independent contractor and the Construction Manager shall have no authority to bind
the Owner in any way with the Trade Contractor, its Trade-Subcontractors, material suppliers, or
any third parties.
6.2.4 The Construction Manager shall have the authority to reject Work, which does not conform to the
Contract Documents and to require any special inspection and testing in accordance with
Subparagraph 24.2.
6.2.5 The Construction Manager will prepare and issue Change Orders to the Trade Contract Agreements
in accordance with Article 31.
6.2.7 Where used in conjunction with the Construction Manager's or the Architect's response to
submittals, requests, applications, inquiries, reports and claims by the Trade Contractor, the meaning
of the term "approved" shall not exceed the limitations of the Construction Manager's or the
Architect's responsibilities and duties as established in the Contract Documents.
6.2.8 The Construction Manager may reject any means, methods, techniques, sequences or procedures
proposed by the Trade Contractor, which might constitute or create a hazard to the Work, or to
persons or property, or which will not provide Work in accordance with the Contract Documents.
7.1 DEFINITION
7.1.1 A Trade Contractor is the person or entity identified as such in the Agreement between the
Construction Manager and a Trade Contractor or in the Purchase Order between the Vendor and the
Construction Manager and is referred to throughout the Contract Documents as if singular in
number and masculine in gender. The term Trade Contractor means the Trade Contractor or his
authorized representative.
7.1.2 The Agreements are between the Trade Contractors and Construction Manager. These conditions in
several instances make reference to obligations and rights of the "Owner or Construction Manager"
to cover both possibilities. Such references are only to cover either possibility and such use does not
create a joint obligation on the Owner and Construction Manager to the Trade Contractor. The
contract obligation with the Trade Contractor is solely with the person or entity with whom he has
his Agreement.
7.1.3 The Construction Manager shall call for meetings of the Trade Contractors, Trade-Subcontractors,
and material suppliers as he deems necessary for the proper coordination of the work. Such
meetings shall be held at the jobsite on regular working days during regular working hours. Unless
otherwise directed by the Construction Manager, attendance shall be mandatory for all parties
notified.
7.1.4 In the Contract Documents, the word "Contractor" or “Subcontractor” shall mean and shall be
interpreted as being the "Trade Contractor" whose "scope of work" includes that portion of the
Work.
In these General Conditions the word "Contractor", “Subcontractor”, and/or "Trade Contractor"
shall mean and shall be interpreted as being "individually, each and every Trade Contractor".
7.2.1 The Trade Contractor shall carefully study and compare the Contract Documents and shall at once
report to the Construction Manager any error, inconsistency or omission he may discover. The
Trade Contractor shall not be liable to the Owner, Construction Manager, or Architect/Engineer for
any damage resulting from any error, inconsistency or omission, unless the Trade Contractor
proceeds with such work knowing of the error, inconsistency, or omission.
7.2.3 At the completion of the project and as a prerequisite to release retainage, each Trade Contractor
shall submit a letter of compliance. This compliance letter shall state that all work has been
completed in accordance with the contract documents, that the installation has been performed in
accordance with all applicable codes, and that all fire resistance characteristics, as required by the
Fire Department, have been met. This letter must be signed by an officer of the company.
7.3.1 The Trade Contractor shall supervise and direct the Work, using his best skill and attention. He
shall be solely responsible for all construction means, methods, techniques, sequences and
procedures and for coordinating all portions of the Work under the Trade Contract subject to the
overall coordination of the Construction Manager.
7.3.2 The Trade Contractor shall be responsible to the Owner and the Construction Manager for the acts
and omissions of his employees and all his Trade Subcontractors and their agents and employees
and other persons performing any of the Work under a contract with the Trade Contractor.
7.3.3 Observations, inspections, tests or approvals by persons other than the Trade Contractor shall not
relieve the Trade Contractor from his obligations to perform the Work in accordance with the
Contract Documents.
7.3.4 The Trade Contractor shall do and be responsible for the correct laying out of the Work as per
Contract Documents from control established by others including all necessary leveling and
checking. The Trade Contractors shall periodically check the established base lines and bench
marks, and shall lay out all partition lines and other significant reference lines or points which will
enable them to accurately place their boxes, openings, sleeves, conduits, pipe, duct, controls,
hangers, inserts and other devices. Trade Contractors shall be responsible for laying out their Work
from these reference points. The Trade Contractor shall also make all field measurements required
for the work.
7.3.5 This Trade Contractor and all their Sub-Trade Contractors shall obtain all permits and provide copies
to the Construction Manager, pay all fees, give notice, file plans and licenses, and arrange for
testing, inspection and approvals as it relates to your work, such that the work of other trades can
progress in a continuous manner. Provide any additional valving or other provisions required to
accomplish above whether indicated or not. Please note that only the General Building Permit will
be provided by others.
7.4.1 The Trade Contractor shall at all times enforce strict discipline and good order among his employees
and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him.
7.4.2 The Trade Contractor shall accept delivery, unload, store, protect, provide security, distribute, install
and clean any materials, systems and equipment furnished by others, which are a part of the Work.
The Trade Contractor shall document receipt of such materials, systems and equipment on forms
acceptable to the Construction Manager.
7.4.3 Whenever the Trade Contractor has knowledge that any actual or potential labor dispute is delaying
or threatens to delay the timely performance of the Work of this contract, the Trade Contractor shall
immediately give notice thereof to the Construction Manager. The Trade Contractor shall then
confirm the notice, in writing, within 24 hours of the giving thereof and shall include all relevant
information with respect thereto. No claims will be accepted for costs incurred as a result of labor
disputes.
ARTICLE 8 - WARRANTY
8.1 The Trade Contractor warrants to the Owner and the Construction Manager that all materials and
equipment furnished will be new unless otherwise specified, and that all Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents. All work not
conforming to these requirements, including substitutions not properly approved and authorized,
may be considered defective. If required by the Construction Manager, the Trade Contractor shall
furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is
not limited by the provisions of Paragraph 32.2.
8.2 The warranty of materials, equipment and workmanship defined in 8.1 is separate from, independent
of, and in addition to any other guarantees or warranties required by the Contract Documents.
8.3 Warranties and guarantees shall clearly define what is to be guaranteed; the extent, terms,
conditions, time and effective dates, which shall comply with the Contract Documents.
c) The Owner has received the specified training and manuals for the operation and maintenance
of the system/equipment.
8.5 If specified in the Contract Documents and prior to the date of Substantial Completion of the project
the Owner or Construction Manager occupies or uses any separate unit of the Work, the Trade
Contractor shall include all costs associated with extending the guarantee/warranty period to cover
the period in advance of the date of Substantial Completion of the project and the specified period
after the date of Substantial Completion. The Trade Contractor shall also provide maintenance
during this extended period.
8.6 If repairs or corrections are required in connection with the guaranteed Work, the Trade Contractor
1. Place in satisfactory condition all of such guaranteed Work and correct all defects therein;
2. Make good all damage to the structure, finishes or site or equipment or contents thereof,
which, in the opinion of the Architect, Engineer and Construction Manager is the result of the
use of materials, equipment or workmanship which are inferior, defective or not in
accordance with the terms of the Contract;
8.7 Notifications by Owner of defects shall stop the warranty time period. The guarantee or warranty
period for any restored work shall be reinstated for the remaining time period, starting on the date of
acceptance of the restored work. The guarantee or warranty period for any replaced work shall be
reset to include the full amount of time required for the original guarantee or warranty period,
starting on the date of acceptance of the replaced work.
8.8 In any case, where in fulfilling the requirements of the Contract or of any guarantee embraced in or
required thereby, the Trade Contractor disturbs any work guaranteed under another contract, he shall
restore such work to a condition satisfactory to the Architect, Engineer, and Construction Manager
and guarantee such restored work to the same extent as it was guaranteed under such other contract.
8.9 If the Trade Contractor after notice fails to proceed within 48 hours to commence and continue to
comply with the terms of the guarantee, the Owner or Construction Manager may have the defect
corrected in which case the Trade Contractor and his surety, if applicable, shall be liable for all
expenses incurred.
8.10 All special guarantees or warranties applicable to definite parts of the Work that may be stipulated
in the Contract Documents shall be subject to the terms of this Article at a minimum during the first
year of the life of such special guarantee.
8.11 Nothing contained in this Article shall be construed to establish a period of limitation with respect to
any other obligation which the Trade Contractor might have under the Contract Documents.
8.12 In the event the Work of the Trade Contractor is to be modified by another Trade Contractor, either
before or after inspection, the first Trade Contractor shall remain responsible in all respects under
the warranty given in Article 8 and under any other warranties provided in the General Conditions
or by law. However, the first Trade Contractor shall not be responsible for any defects in material
or workmanship introduced by the Trade Contractor modifying its work. Both the first Trade
Contractor and the Trade Contractor making the modifications shall each be responsible solely for
the work done by each. The Trade Contractor modifying the earlier work shall be responsible for
any damage to or defect introduced into the Work, which it is modifying.
ARTICLE 9 - TAXES
9.1 The Trade Contractor shall pay all sales, consumer, use and other similar taxes for the Work or
portions thereof furnished or provided by the Trade Contractor which are legally required at the time
bids or proposals are received, whether or not yet effective. Such taxes are included in the Trade
Contract Sum.
9.3 Certain states require that bonds be furnished by foreign contractors to assure payment of state
taxes, etc.. Providing such bonds and the cost thereof are included by the Trade Contractor in the
Trade Contract Sum.
ARTICLE 10 - ALLOWANCES
10.1 The Trade Contractor shall include in the Contract Sum all allowances stated in the Contract
Documents. Items covered by these allowances shall be supplied for such amounts and by such
persons as the Construction Manager may direct, but the Trade Contractor will not be required to
employ persons against whom he makes a reasonable objection.
10.2.1 These allowances shall cover the cost to the Trade Contractor, less applicable trade discount, of the
materials and equipment required by the allowance delivered at the site, and all applicable taxes,
unloading, handling, labor, installation costs and other expenses contemplated for the original
allowance.
10.2.2 The Trade Contractor's costs for overhead and profit attributable to the allowance shall be included
in the Trade Contract Sum and in the allowance amount.
10.2.3 Whenever the cost is more than or less than the allowance amount, the Trade Contract Sum shall be
adjusted accordingly by Change Order. It is specifically understood that all unspent portions of
allowance amounts will be subtracted from the Trade Contract Sum by Change Order.
10.2.4 These allowances are only to be used where specifically authorized in advance and in writing by the
Construction Manager. Costs charged against these allowances will be determined based upon a
lump sum, unit price, or actual time and material costs as directed by the Construction Manager.
11.1 The Trade Contractor shall employ a competent superintendent and necessary assistants to
coordinate all the Trade Contractor’s work force including Trade Subcontractors, who shall be in
attendance at the Project site during the progress of the Work. The superintendent shall be
satisfactory to the Construction Manager, and shall not be changed except with the consent of the
Construction Manager, unless the superintendent proves to be unsatisfactory to the Trade Contractor
or ceases to be in his employ. The superintendent shall represent the Trade Contractor and all
communications given to the superintendent shall be as binding as if given to the Trade Contractor
and has the authority to make commitments on behalf of the Trade Contractor with regard to cost,
schedule and manpower issues. All communications shall be confirmed in writing upon request.
11.3 The Trade Contractor shall identify the key personnel he intends to assign to the project, to the
Construction Manager within 48 hours after the Trade Contractor has been notified to proceed. The
Construction Manager reserves the right to approve the Trade Contractor's proposed personnel, and
anyone not so approved shall be immediately replaced by someone acceptable. If, in the course of
construction, the Construction Manager feels that it would be in his best interest to request a change
in the Trade Contractor's personnel, he may do so; and the Trade Contractor shall immediately
assign an acceptable replacement at no additional cost.
11.4 To ensure a safe working environment and the effective coordination of the work, the Trade
Contractor’s superintendent must be able to effectively communicate both orally and by the written
word with the Construction Manager’s project staff and the workforce under the superintendent’s
control.
12.1 A key element in the delivery of this project, in the preconstruction and construction phases, is the
implementation of “Lean Construction” principles. Gilbane requires the Trade Contractor to use the Last
Planner System (LPS) for planning and controlling work on this Project.
12.2 The LPS requires team members to make and keep commitments based on their confidence that
prerequisite work, design information, materials, labor and equipment will be ready so they can start and
complete installations to meet Master Schedule milestones. The Trade Contractors’ Superintendents are
required to participate together with all applicable trades in pull plans for the each major phase of work on
the project in which they will be participating. Each pull plan will work towards creating the detailed
expansion of the milestone schedule included in the bid documents. This Milestone schedule is a guide
for the intended phasing and flow through the project. It is not intended to provide dates or durations for
any activity. Dates, durations, and all sequencing will be created through pull planning sessions
throughout the life of the project. No sequencing or handoffs should be assumed prior to any pull
planning event, other than those specifically communicated in the bid documents. Final sequencing and
hand offs at all pull plan events will be agreed upon by the project team to support the best interest of the
project as a whole. At each pull plan event, Trade Contractor Superintendents structure the flow of work
and outline the network of commitments by identifying the hand-offs between trades. Each onsite
Superintendent or lead foreman is considered a “Last Planner” in the LPS, and has the responsibility to
plan their activities six weeks ahead in a “Look-ahead Schedule” and to identify crew assignments for the
current and next week in a “Weekly Work Plan”. Last Planners are asked to commit to performing work
that they know can be made ready for their crews and to refuse to assign work they are not confident can
be started and / or be completed because it is not ready.
.1 Each onsite Lead Foreman or Superintendent for each trade has the latest information about the
status of contract issues, submittals and shop drawings, material and equipment deliveries, RFIs
and change orders, safety training, labor and construction equipment availability.
.2 Each Foreman or Superintendent has the ability to plan work for their respective company and
authority to make commitments to the project in order to execute this plan.
.4 Each Foreman or Superintendent will bring his / her Look-ahead Schedule and Weekly Work
Plan to the weekly planning meeting and actively participate in coordinating work with other
trades under the direction of the Project Superintendent.
.5 Each Foreman or Superintendent will report task completions as they occur to the Project
Superintendent as well as the other foreman of succeeding trades.
.6 Each Forman or Superintendent will track tasks completed as planned and report the results along
with reasons for failures in the weekly planning meeting. The complete items of worked are
measured a “Percent Plan Complete” or PPC.
.8 Each coordination meeting can take place either for daily or weekly depending the complexity
and stage of the project.
a. Gilbane will be responsible to facilitate and administer the LPS. This will involve
providing direction and coordinating sub-contractors activities, collecting and approving
sub-contractor work plans, facilitating sub-contractor planning meetings and updating,
maintaining and distributing Last Planner forms to all parties.
b. Trade Contractors will provide and include in their bid the necessary resources to
implement Last Planner System for the duration of the project.
c. Trade Contractors must be committed to the process. The Superintendents must make
themselves available to plan and direct the weekly work planning meetings.
.10 Submittals
a. Trade Contractors will be responsible to document the process and provide the following
reports to Gilbane:
b. Gilbane will be responsible to document the process and publish the following reports:
i. Monthly reports on PPC achieved per trade and/or by company and for the
overall project including Gilbane’s and the Owner’s performance.
ii. Gilbane will publish a quarterly variance report. The report will outline why
variances are occurring and recommendations to reduce future variances.
13.1 The Trade Contractor shall maintain at the site for the Construction Manager and Architect/Engineer
13.2 In addition to maintaining and delivering to the Construction Manager those record Drawings
required by Subparagraph 13.1 the Trade Contractor shall also prepare and submit to the
Construction Manager, upon completion of the Work, "As-Built" Reproducible Drawings if the
Contract Documents so require.
14.1 The Owner has elected to utilize PMWeb. PMWeb is an internet based program designed to
enhance collaboration amongst the project team members. There are no fees to utilize PMWeb for
this Project.
Provide all labor, material, tools and equipment necessary for utilization of PMWeb. The following
are minimum requirements:
1. Personal Computer
2. Operating System: Windows or Mac OS
3. Internet browser such as Internet Explorer, Chrome, FireFox, Safari
4. High speed internet access
5. Document scanning capability
The use of PDF, jpg (photos only) or dwg files will be required as upload formats for this system.
The Trade Contractor shall provide all means necessary to utilize the web based system including
but not limited to hardware and software applications.
The following types of specified Trade Contractor deliverables shall be generated by the Trade
Contractor in PMWeb (note that this is not all inclusive but representative of the type of information
expected to be generated by the Trade Contractor):
If project requirements dictate, one (1) hard copy shall be submitted with the initial electronic
submission. Three (3) hard copies shall be provided after approval. These hard copies are for
Gilbane’s use and records. It remains the Trade Contractor’s responsibility to obtain/maintain copies
of all documents required for the Trade Contractor to complete their work. Excessive usage of
Gilbane’s office equipment may result in backcharges.
The requirement for physical samples remains unchanged. The Trade Contractor is responsible to
arrange delivery to the jobsite of the required number of physical samples of each required item. All
submittals intended for color selection and verification shall be provided as physical samples.
PMWeb generates e-mail notifications to alert participants of actions required. The Trade Contractor
shall be responsible for accurate and current e-mail contact information for all project team
personnel. The Trade Contractor shall be responsible for timely interaction and response to assigned
tasks through PMWeb. Gilbane is not responsible to provide the Trade Contractor duplicate
notification via any other system. The Trade Contractor’s project team shall have continuous access
to a computer, internet and e-mail to facilitate the effective use of these tools.
Gilbane will arrange for PMWeb orientation and training for the Trade Contractor’s project
personnel at no cost to the Trade Contractor. The Trade Contractor is responsible to complete the
training within two weeks of contract award or at the earliest available training session arranged by
the Construction Manager.
The Trade Contractor shall include all costs associated with these requirements. At no time after
Contract is executed shall the Trade Contractor claim additional costs associated with the use of
PMWeb.
PMWeb shall be utilized as the electronic platform for all project controls.
14.2 Submittals include but are not limited to Shop Drawings, Product Data, Samples, Mock-ups,
Benchmarks, Warranty, Maintenance Manuals, Waivers, and Releases.
14.3 Shop Drawings are drawings, diagrams, schedules and other data specifically prepared for the Work
by the Trade Contractor or any Trade-Subcontractor, manufacturer, supplier or distributor to
illustrate some portion of the Work.
14.4 Product Data are illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by the Trade Contractor to illustrate a material, product or
system for some portion of the Work.
14.5 Samples are physical examples, which illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged, but not used in the actual Work.
14.6 A Request for Information (RFI) form will be used to obtain clarifications of the content or intent of
14.7 Mock-ups are full-size, unless noted otherwise, models of a structure, component or assembly used
for demonstration, study, or testing prior to commencing full production. Mock-ups are not
incorporated into the actual Work.
14.8 Benchmarks are portions of the actual Work in place used to establish a standard of measurement,
evaluation or quality. Furnish complete as-built drawings, operating and maintenance manuals,
spare parts, attic stock and other required close-out information or materials no later than 30 days
prior to substantial completion. Perform training of Owner’s personnel prior to beneficial
occupancy.
14.9 The Trade Contractor shall review, approve and submit through the Construction Manager with
reasonable promptness and in such sequence as to cause no delay in the Work or in the work of any
separate contractor, all Submittals required by the Contract Documents. Whenever the contract
documents require a certified engineer’s stamp, review or report, it shall be understood to mean an
engineer licensed and registered in the State of the Project and paid for by the Trade Contractor.
14.10 Submittals forwarded by the Trade Contractor to the Construction Manager shall be in conformance
with the requirements of the Contract Documents. The Trade Contractor shall notify the
Construction Manager in writing of any deviations in the submittals from the requirements of the
Contract Documents at the time of submission.
14.11 By approving and submitting Submittals, the Trade Contractor represents that he has determined and
verified all materials, field measurements, and field construction criteria related thereto, or will do
so, and that he has checked and coordinated the information contained within such submittals with
the requirements of the Work and of the Contract Documents.
14.12 The Construction Manager will review such submittals with reasonable promptness, checking only
for completeness and conformance with the Contract Documents. The Construction Manager will
return to the Trade Contractor, without review, any submittals not bearing the Trade Contractor's
approval stamp or other mark showing that they have been reviewed and approved by the Trade
Contractor. The Construction Manager will return to the Trade Contractor for correction or
completion, any submittals found not to be complete or in proper form. The Construction Manager,
if he finds submittals to be in order, will forward the submittals to the Architect/Engineer.
14.13 Approval of the Trade Contractor's submittals does not constitute a complete check, but indicates
only that design, general method of construction and detailing is satisfactory. The Trade Contractor
shall not be relieved of responsibility for any deviation from the requirements of the Contract
Documents by the Architect/Engineer's approval of Submittals (see Subparagraph 5.2.10) unless the
Trade Contractor has specifically informed the Architect/Engineer and Construction Manager in
writing of such deviation at the time of submission and the Architect/Engineer has given written
approval to the specific deviation. The Trade Contractor shall not be relieved from responsibility
for errors or omissions in the Shop Drawings, Product Data or Samples by the Construction
Manager's forwarding or the Architect/Engineer's approval thereof.
14.15 The Trade Contractor shall resubmit submittals, as required, until Architect's approval is obtained.
Submittals that are rejected or require revisions shall be corrected and resubmitted to the
Construction Manager no later than ten (10) days. No portion of the Work requiring submission of
Shop Drawings, product Data or Samples shall be commenced until the submittal has been approved
by the Architect/Engineer. All such portions of the Work shall be in accordance with approved
submittals. The Trade Contractor is responsible for seeing that only "approved" copies of shop
drawings bearing the approval of the Architect are allowed on the job.
14.16 The Trade Contractor shall be responsible for the delays caused by rejection of the submittal of
inadequate or incorrect shop drawings and manufacturers data. The Trade Contractor is responsible
for all costs associated with processing, reviewing, and returning any re-submittal beyond the first
submittal.
14.17 The Trade Contractor shall prepare a schedule of required submittals not later than fourteen (14)
days after contract award. The schedule shall include a complete list of items requiring Submittals
to be approved by the Architect and/or Construction Manager and the anticipated date of
submission. The schedule is to be submitted on a form approved by the Construction Manager. The
schedule shall be updated monthly or as required by the Construction Manager. All Submittals shall
be accompanied by a transmittal letter and reference shall be indicated to the item numbers of the
above mentioned schedule.
14.18 All Submittals shall be transmitted to the Construction Manager and shall include:
a) Architect/Engineer
b) Construction Manager
c) Trade Contractor
d) Contract Number
e) Supplier
f) Manufacturer
g) Separate detailer when pertinent
14.18.4 Number of Shop Drawings, Product Data and Sample submitted. (System to be established by
Construction Manager).
14.19 Shop drawing submittals to the Construction Manager shall be submitted via PMWeb.
After review by the Architect, the Construction Manager will return submittals, which will have
been stamped by the Architect as follows, unless noted otherwise:
.1 "Rejected" indicates that data or shop drawings must be revised, new shop drawings or data
prepared and resubmitted. Shop drawings and data marked in this manner shall not be
released for fabrication or construction.
.2 "Approved as Noted" indicates that the submittal is approved subject to corrections noted.
Shop drawings may be released for fabrication of work at Trade Contractor's risk; in any
event the submittal shall be corrected and new shop drawings submitted for final approval.
.3 "Approved" indicates final action. No changes shall be made on approved drawings. If the
Trade Contractor requires a change, he shall notify the Construction Manager, in writing, that
the approved set has been withdrawn and shall submit the substitution set in accordance with
the above procedure.
.1 Layout Drawings
As soon as practical and in no case starting later than 30 days after the award of contract,
unless noted otherwise, the HVAC Trade Contractor shall commence preparation of layout
drawings of all equipment, duct work and piping at not less than 3/8" scale and in the latest
version of CADD.
These drawings shall show routing, sizes and elevations of bottom of all ductwork and
piping, equipment, registers, grilles, diffusers, and similar features, as well as locations of all
valves, dampers, services, thermostats, and all other items requiring access for service and
maintenance. The drawings shall also show beams, ceiling heights and types, walls and
ratings, floor to floor dimensions and ratings, columns, doors and other major architectural
and structural features as shown on the architectural and structural drawings.
The HVAC Trade Contractor shall within 60 days after award of contract, unless noted
otherwise, submit the layout drawings to the plumbing, fire protection, security, tel/data, AV,
casework and electrical Trade Contractors who shall then mark on the reproducible or add a
separate CADD layer for their own routings as well as other major items such as valves,
access panels, switch panels, etc., as required to determine interrelationship and possible
interferences with HVAC work, the work of other Trades Contractors, and architectural or
structural features. The marked up reproducible or CADD file shall then be returned to the
HVAC Trade Contractor through the Construction Manager no less than 30 days after receipt,
The HVAC Trade Contractor shall then prepare a preliminary composite of such layout
drawings, incorporating all the information and routings provided by the other Trade
Contractors. (At the HVAC Trade Contractor’s option and approval from the Construction
Manager, a group of transparent overlays may be substituted provided that they clearly show
the relationship of all proposed installations). The composite or overlays will then be
reviewed during a series of meetings as directed by the Construction Manager, at which all
trades shall be represented, in order to review and resolve any real or apparent interferences
or conflicts.
In preparing the composite drawings, minor changes in duct, pipe or conduit routings that do
not affect the intended function may be made as required to avoid space conflicts, when
mutually agreed, but items may not be resized or exposed and concealed items relocated
without the Architect/Engineer's and Construction Manager's written approval. No changes
shall be made in any wall or chase locations, soffit or ceiling heights, door swings or
locations, window or other openings, or other features affecting the function or esthetic effect
of the building. If conflicts or interferences cannot be satisfactorily resolved, the Architect
and Construction Manager shall be notified and their decision obtained.
The composite drawings need not be submitted as a whole, but they shall be submitted, in all
cases, in ample time to avoid construction delay. The coordination drawings may lack
complete data in certain instances pending receipt of shop drawings, but sufficient space shall
be allotted for the items affected. When final information is received, such data shall be
promptly inserted on the composite drawings.
All changes in the scope of work due to revisions formally issued and approved shall be
shown on the composite drawings.
All work on the coordination composite drawings shall be performed by competent draftsmen
and shall be clear and fully legible. The Architect shall be the sole judge of the acceptability
of the drawings.
After all conflicts or interferences are resolved, the HVAC Trade Contractor shall then
develop a final composite drawing showing the agreed upon routing, layout and juxtaposition
of all ductwork, conveyers, piping, major conduit, valves, panels, lighting fixtures and all
other major mechanical and electrical installations. In areas where no HVAC work occurs,
but where other mechanical, electrical, or systems installations are installed, each Trade
Contractor shall be responsible for his own work and shall cooperate in preparing similar
composite drawings, shall perform his own drafting work and pay his own costs in
connection therewith. In the preparation of all the final composite drawings, large scale
details as well as cross and longitudinal sections shall be as required to fully delineate all
conditions. Particular attention shall be given to the locations, size and clearance dimensions
of all equipment items, shafts, soffits, ceiling and wall spaces, and similar features.
These final composite drawings shall then be signed-off by each of the Trade Contractors,
including the HVAC Trade Contractor, indicating their awareness of and agreement with the
No extra compensation will be paid for relocating any duct, pipe, conduit, or other material
that has been installed without proper coordination between all trades involved. If any
improperly coordinated work, or work installed that is not in accordance with the approved
coordination composites, necessitates additional work by the other trades, the costs of all such
additional work shall be borne solely by the Trade Contractors responsible.
After the final composite drawings have been agreed upon and signed by all Trade
Contractors, the HVAC Trade Contractor shall provide and distribute for reference and record
purposes. Other Trade Contractors responsible for supplementary composite drawings, as
indicated herein before, shall provide similar distribution. All Trade Contractors desiring
additional prints of such drawings, beyond the basic distribution indicated above, shall
arrange for and pay the cost of same.
The Construction Manager and each Trade Contractor as working reference shall retain the
record copies of final composite drawings. All shop drawings, prior to their submittal to the
Architect/Engineer, shall be compared with the record composite drawings and developed
accordingly by the Trade Contractor responsible. Any revision to the record composite
drawings, which may become necessary during the progress of the work, shall be noted by all
Trade Contractors and shall be neatly and accurately recorded on the record copies. Each
Trade Contractor shall be responsible for the up-to-date maintenance of his record copies of
the composite drawings and to keep one copy available at the site. The Construction
Manager, and each Trade Contractor in the development of his “as-built” drawings, shall
utilize the composite drawings and any subsequent changes thereto.
.1 Each Trade Contractor shall keep a complete record of his own work and shall indicate
deviations from the Drawings as to the installation of his own work. All information shall be
recorded in a neat, legible and accurate manner. All changes, revisions or additions made in
the installation of the work which differs from that required by the Drawings must be noted.
.2 Upon completion of the work, the Trade Contractor shall forward the marked up Drawings,
suitable for preparation of composite "As-Built Drawings" to the Construction Manager for
review and transmittal to the Architect. All changes shall be indicated in contrasting colors
or highlighting.
14.22 The Trade Contractor, prior to or at the time of Substantial Completion for the Work and during
administrative closeout of the project, shall submit one copy of all specified warranties and
guarantees to the Construction Manager for review, approval and subsequent transmittal to the
Architect and Owner.
a) Definitions
Project participants - Contractor(s), sub-contractors, tier-Trade Contractors, vendors,
testing and balancing firms, and any Commissioning Agents.
OEM - Original Equipment Manufacturer
Maintained assets - Items on drawings or specification documents that require the
submittal of electronic data. Such asset data include but are not limited to doors,
escalators, elevators, plumbing fixtures, air handling units, fans, pumps, heat exchangers,
boilers, chillers, compressors, exhaust hoods, kitchen equipment, sub-stations,
switchgear, transformers, panels, motor control centers, emergency generators, fire alarm
systems, fire pumps, biomedical equipment, laboratory equipment, hospital gas systems,
roofing system, security systems, cameras, badge readers, computers, and vehicles. Bulk
and general construction items such as concrete, structural steel, siding, casework, and
wall, floor or ceiling materials will not be included with the exception of roofing or any
other element requiring routine or scheduled periodic maintenance in accordance with the
manufacturer’s written recommendations.
Electronic Documentation – Software based originals of hard copy documents resident in
formats such as word processing, spreadsheet, graphic, or read-only applications.
Electronic Data – Information elements of measurable, extractable, and/or sortable value.
This information will typically be delivered in spreadsheets, database tables, or, in less
typical cases, tables within word processing documents.
b) General Requirements
Trade Contractors shall provide construction documentation in electronic documentation
format as specified below. The intent is to support the Owner’s computerized asset,
maintenance, or space management systems. Each Trade Contractor is responsible to
pursue, obtain and furnish to Gilbane the complete asset data required from project
participants that are under their Subcontract Work.
The submittal of all specified data in electronic format is to occur concurrently with the
progress of the work. Timely and accurate submittals of requisite data will be a condition
precedent for issuance of monthly payments. All submittals shall be completed a
minimum of 30 days prior to substantial completion or Owner Occupancy, whichever
occurs first. Any performance related data should be submitted no later than 30 days
after its measurement and recording in the field. Any deviations identified by Gilbane
are to be promptly corrected by the submitting project participant(s) and resubmitted.
c) Equipment Tagging
The Trade Contractor shall ensure that manufacturer’s equipment tags are fixed to all
maintainable equipment items and easily accessible after equipment installation. These
permanent tags include, but are not limited to, equipment model number and serial
number.
ARTICLE 15 - SUBSTITUTIONS
15.1 In requesting approval of deviations, “or equals” (where allowed by the Specifications), or
substitutions, the Trade Contractor shall provide evidence leading to a reasonable certainty that the
proposed products will provide a quality or result at least equal to that otherwise attainable from the
specified products. If, in the opinion of the Architect, the evidence presented by the Trade
Contractor does not provide a sufficient basis for such reasonable certainty, the Architect may reject
such substitution, “or equal”, or deviation without further investigation. Such rejection shall not
relieve the Trade Contractor from complying with the Specifications at no additional cost to the
Owner or Construction Manager.
15.2 If the Trade Contractor proposes to use a material which, while suitable for the intended use,
deviates in any way from the detailed requirements of the Contract Documents he shall inform the
Architect through the Construction Manager in writing of the nature of such deviations at the time
the material is submitted for approval, and shall request a written approval of the deviation from the
requirements of the Contract Documents.
15.3 The Architect will judge the design and appearance of proposed “or equals” or substitutions on the
basis of their suitability in relation to the overall design of the project, as well as for their intrinsic
merits. The Architect will not approve proposed “or equals” or substitutions as equal to items
specified which, in his opinion, would be inharmonious, or otherwise inconsistent with the character
or quality of design of the project.
16.1 The Trade Contractor shall confine operations at the site to areas designated by the Construction
Manager, permitted by law, ordinances, permits and by the Contract Documents, and shall not
unreasonably encumber the site with any materials or equipment. The Trade Contractor shall not
use any of the existing Owner's facilities, such as, toilets, cafeteria, parking areas, power hookup,
etc., except with the Construction Manager's written approval. The Trade Contractor shall not, at
any time, block or restrict access to the site. The Trade Contractor shall bare the cost to repair areas
damaged by his operations. Onsite Trade Contractor parking will not be provided unless indicated
on the Site Utilization Plan.
16.3 The roads, sidings and other transportation facilities at the site, where work under the Contract is
being performed, are for the general use and convenience of the Owner. At no time will a Trade
Contractor be allowed to obstruct public streets or loading areas. If Trade Contractors are permitted
to use them, they must conform to the regulations of the local authorities. If the work of a Trade
Contractor requires that such facilities be temporarily discontinued, after obtaining Construction
Manager's approval, the work must be done expeditiously and he shall provide and maintain proper
warnings and detour signs at all pedestrian and vehicular closures, intersections, and along detours,
directing traffic around closed portions of roadways. He shall, at his own expense, wherever
necessary or required, provide and maintain fences, temporary roadways, temporary cross signs,
watchmen, warning lights and take such other precautions as may be necessary to protect life and
safety. All barricades and obstructions shall be illuminated at night, and all lights shall be kept on
from one-half hour before sunset, until one-half hour after sunrise.
16.4 On-site storage space and/or use for Trade Contractor's field office trailer, sheds, materials, tools,
equipment, and supplies must be coordinated with and approved by the Construction Manager in
advance. Trade Contractor's materials, equipment, tools and supplies shall be moved at no cost if
their location obstructs or impedes the work of others. Deliveries must be coordinated with, and
approved by, the Construction Manager, a minimum of 72 hours in advance.
16.5 The Construction Manager will provide site survey, selected baselines and bench marks.
16.6 The Trade Contractor shall not disturb existing monuments and markers at the site. Should
monuments, markers, or both be disturbed by the Trade Contractor, he shall bear the cost of a
licensed surveyor engaged by the Construction Manager for the purpose of relocating such
monuments or markers.
16.7 Take note of building access throughout the course of construction and make provisions to ensure
that equipment will fit through permanent doorways and/or structure. Assume that the building
elevators will not be available for your use.
17.1 The Trade Contractor shall be responsible for all cutting, coring, fitting or patching that may be
required to complete the Work or to make its several parts fit together properly. He shall provide
protection of existing Work as required.
17.3 The Trade Contractor shall not disturb any existing structure, piping, apparatus or other work unless
expressly required by the contract. Where cutting, drilling or removals are required in existing
walls, floors or roof construction, the work shall be done in a manner that will safeguard and not
endanger the structure, and shall in all cases be as approved by the Construction Manager. Prior to
any cutting, drilling or removals, the Trade Contractor shall investigate both sides of the surface
involved, shall determine the exact location of adjacent structural members by visual examination,
and shall avoid interference with such members.
17.4 The Trade Contractor shall not cut, core or weld to or otherwise alter any structural member without
the written consent of the Architect/Engineer obtained through the Construction Manager.
17.5 Each Trade Contractor shall remove spray fireproofing as required for the installation of his work.
Each Trade Contractor shall broom clean floors of removed fireproofing daily. If the spray
fireproofing is damaged, or if excess amounts are removed, the offending Trade Contractor shall be
responsible for all costs of repair. “Excess amounts” is defined as exposed steel.
ARTICLE 18 - COMMUNICATIONS
18.1 The Trade Contractor shall communicate through the Construction Manager only.
18.2 The Trade Contractor shall promptly return telephone calls and promptly respond to any other forms
of communication initiated by the Construction Manager. Failure to do so shall be considered lack
of performance on the part of the Trade Contractor.
18.3 All written correspondence to the Construction Manager shall be dated, and signed by the Trade
Contractor or his authorized representative.
18.4 Written notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or entity or to an officer of the corporation for whom it was intended, or if
delivered at or sent by registered or certified mail to the last business address known to him who
gives the notice, or by email, or by fax.
ARTICLE 19 - TRADE-SUBCONTRACTORS
19.1 DEFINITION
19.1.1 A Trade-Subcontractor is a person or entity who has a direct or indirect (lower tier) contract with a
Trade Contractor to perform any of the Work at the site. The term Trade-Subcontractor is referred
to throughout the Contract Documents as if singular in number and masculine in gender and means a
Trade-Subcontractor or his authorized representative.
19.2.1 Unless otherwise required by the Contract Documents the Trade Contractor shall furnish to the
Construction Manager in writing, for acceptance by the Owner and the Construction Manager in
writing, the names of the persons or entities (including those who are to furnish materials or
equipment fabricated to a special design) proposed for all portions of the Work. The Construction
Manager will promptly reply to the Trade Contractor in writing if either the Owner or the
Construction Manager, after due investigation, has reasonable objection to any such proposed
person or entity. Failure of the Owner or Construction Manager to reply shall constitute notice of no
reasonable objection.
19.2.2 The Trade Contractor shall not contract with any such proposed person or entity to whom the Owner
or the Construction Manager has made reasonable objection under the provision of Subparagraph
19.2.1. The Trade Contractor shall not be required to contract with anyone to whom he has a
reasonable objection.
19.2.3 If the Owner or Construction Manager refuses to accept any person or entity on a list submitted by
the Trade Contractor in response to the requirements of the Contract Documents, the Trade
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum or
schedule shall be allowed for any such substitution.
19.2.4 The Trade Contractor shall make no substitution for any Trade-Subcontractor, person or entity
previously selected if the Owner or Construction Manager makes reasonable objection to such
substitution.
19.2.5 The Construction Manager may refuse to accept a proposed Trade-Subcontractor if the proposed
Trade-Subcontractor has a current Experience Modification Rating greater than 1.0.
19.3.1 By an appropriate agreement, written where legally required for validity, the Trade Contractor shall
require each Trade-Subcontractor to the extent of the work to be performed by the Trade-
Subcontractor, to be bound to the Trade Contractor by the terms of the Contract Documents, and to
assume toward the Trade Contractor all the obligations and responsibilities which the Trade
Contractor, by these Documents, assumes toward the Owner, the Construction Manager, or the
Architect/Engineer. Said agreement shall preserve and protect the rights of the Owner, the
Construction Manager and the Architect/Engineer under the Contract Documents with respect to the
Work to be performed by the Trade-Subcontractor so that the subcontracting thereof will not
prejudice such rights, and shall allow to the Trade-Subcontractor, unless specifically provided
otherwise in the Trade Contractor/Trade-Subcontractor agreement, the benefit of all rights, remedies
and redress against the Trade Contractor that the Trade Contractor, by these Documents, has against
the Owner or Construction Manager. Where appropriate, the Trade Contractor shall require each
Trade-Subcontractor to enter into similar agreements with his lower tier Trade-Subcontractors. The
Trade Contractor shall make available to each proposed Trade-Subcontractor, prior to the execution
of the Trade-Subcontract, copies of the Contract Documents to which the Trade-Subcontractor will
be bound by this Paragraph 19.3.1 and shall identify to the Trade-Subcontractor any terms and
20.1.1 The Trade Contractor shall afford the Construction Manager and other Trade Contractors reasonable
opportunity for the introduction and storage of their materials and equipment and the execution of
their work, and shall connect and coordinate his Work with others under the general direction of the
Construction Manager.
20.1.2 If any part of the Trade Contractor's Work depends, for proper execution or results, upon the work
of the Construction Manager or any separate Trade Contractor, the Trade Contractor shall, prior to
proceeding with the Work, promptly report to the Construction Manager any apparent discrepancies
of defects in such work that render it unsuitable for such proper execution and results. Failure of the
Trade Contractor to so report shall constitute an acceptance of the other Trade Contractor's or
Construction Manager's work as fit and proper to receive his Work, except as to defects which may
subsequently become apparent in such work by others.
20.1.3 Copies of Drawings and Specifications relating to these separate contracts will be available to the
Trade Contractor, upon request, for his information in carrying out the above provisions. The Trade
Contractor shall be held responsible for any damage or misfit or rework resulting from his neglect to
comply with the foregoing.
20.1.4 All Trade Contractors on the project shall have equal rights on the premises for the performance of
their work, but shall follow the sequence established by the progress schedule and/or instruction
issued by the Construction Manager.
20.1.5 If the Trade Contractor notifies the Construction Manager, in writing, that another Trade Contractor
on this project is failing to coordinate his work with the Work of this contract, as directed, the
Construction Manager will promptly investigate the charge. If he finds it to be true, he will promptly
issue such directions to the other Trade Contractor with respect thereto as the situation may require.
The Construction Manager shall not, however, be liable for any damages suffered by this Trade
Contractor by reason of the other Trade Contractor's failure to promptly comply with the directions
so issued by the Construction Manager or by reason of another Trade Contractor's default in
performance; it being understood that the Construction Manager does not guarantee the
responsibility or continued efficiency of any Trade Contractor. Any costs caused by defective or ill-
timed work shall be borne by the party responsible therefore.
20.1.6 Should the Trade Contractor wrongfully cause damage to the work or property of the Owner, any
separate Trade Contractor or other Contractor, the Trade Contractor shall, upon due notice, promptly
attempt to settle with the Owner, the separate Trade Contractor or other Contractor by agreement, or
otherwise resolve the dispute. If such separate Trade Contractor or other Contractor sues the Owner
or the Construction Manager on account of any damage alleged to have been caused by the Trade
Contractor, the Owner or Construction Manager shall notify the Trade Contractor who shall defend
such proceedings at the Trade Contractor's expense, and if any judgment or award against the Owner
or Construction Manager arises therefrom, the Trade Contractor shall pay or satisfy it and shall
reimburse the Owner or Construction Manager for all attorney's fees and court costs which the
20.1.7 Should the Trade Contractor sustain any damage through any act or omission of any other Trade
Contractor having a contract with the Construction Manager for the performance of work upon the
site or of work which may be necessary to be performed for the proper prosecution of the work to be
performed hereunder, or through any act of omission of a Subcontractor of such Trade Contractor,
the Trade Contractor shall have no claim against the Owner, Architect, Construction Manager or the
Owner's consultants for such damage, but shall have a right to recover such damage from the other
Trade Contractor under the provision similar to the following provisions that have been or will be
inserted in the contracts with such other contractors.
20.1.8 Should any other contractor having or who shall hereafter have a contract with the Construction
Manager for the performance of work upon the site sustain any damage through any act or omission
of a Trade-Subcontractor of the Trade Contractor, the Trade Contractor agrees to reimburse such
other contractor for all such damages and to indemnify and hold the Owner, Architect and
Construction Manager harmless from all claims.
20.1.9 The Trade Contractor shall indemnify and hold the Owner, Architect, Program Manager, and
Construction Manager harmless from any and all claims or judgments for damages and from costs
and expenses to which the Owner, Architect and/or Construction Manager may be subjected or
which either may suffer or incur by reason of the Trade Contractor's failure to comply with the
Construction Manager's directions and/or Contract Documents promptly.
If the Trade Contractor installs any work prior to proper coordination, or in such manner as to cause
interference with work of others, he shall arrange for removal of or arrange for necessary
modifications to the work. Any such action is subject to the approval of the Construction Manager
and shall be at no additional cost.
20.1.10 The Trade Contractor shall cooperate with the Owner, Architect, Program Manager, and
Construction Manager and other Trade Contractors working on this project in order to avoid
interference, inconvenience or damage. To aid in avoiding conflicts, the Trade Contractor, without
additional charge, shall make all reasonable modifications in the work as may be directed by the
Construction Manager.
In the event the Trade Contractor's operations causes any damage, interference, or inconvenience to
work being carried out under any other Trade Contract, the Trade Contractor shall restore, replace,
rectify, or otherwise make good any damage to the satisfaction of the Construction Manager or to
the other Trade Contractors. Should the responsible Trade Contractor fail to comply with this
provision, the work will be done by others at the expense of the responsible Trade Contractor.
20.1.11 Trade Contractor agrees that he has become familiar with the site, has reviewed the plans and
specifications covering the work of his and other trades and thereby accepts responsibility for all
necessary coordination of his Work with the work of other Trade Contractor affected.
20.1.12 The Owner reserves the right to perform construction or operation related to the Project with the
Owner’s own forces or contractors hired directly by the Owner. The Owner shall provide for
coordination of the activities of the Owner’s own forces with the work of the Construction Manager
and its Trade Contractors, who shall cooperate with them in accordance with these General
Conditions.
21.1 The Contract shall be governed by the law of the State of Connecticut.
22.1 Should either party to the Trade Contract suffer injury or damage to person or property because of
any act or omission of the other party or of any of his employees, agents or others for whose acts he
is legally liable, claim shall be made, in writing, to such other party within a reasonable time after
the first observance of such injury or damage.
22.2 Notwithstanding the event of any claim, dispute, or other matter in question arising out of or relating
to this Agreement or the breach thereof, the Trade Contractor shall carry on the work and maintain
the Substantial Completion Date and the Construction Manager shall continue to make payments in
accordance with this Agreement.
23.1 The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.
23.2 No action or failure to act by the Construction Manager, Architect/Engineer or Trade Contractor
shall constitute a waiver of any right or duty afforded any of them under the Contract Documents,
nor shall any such action or failure to act constitute an approval of or acquiescence in any breach
there under, except as may be specifically agreed in writing.
ARTICLE 24 - TESTS
24.1 If the Contract Documents, laws, ordinances, rules, regulations or order of any public authority
having jurisdiction require any portion of the Work to be inspected, tested or approved, the Trade
Contractor shall give the Construction Manager timely notice of its readiness so the
Architect/Engineer and Construction Manager may observe such inspection, testing or approval. The
Trade Contractor shall bear all costs of such inspections, tests or approvals unless otherwise
provided.
24.2 If the Architect/Engineer or Construction Manager determines that any Work requires special
inspection, testing or approval which Paragraph 24.1 does not include, the Construction Manager
will instruct the Trade Contractor to provide such special inspection, testing or approval and the
Trade Contractor shall give notice as in Subparagraph 24.1. If such special inspection or testing
reveals a failure of the Work to comply with the requirements of the Contract Documents, the Trade
Contractor shall bear all costs thereof, including compensation for the Architect/Engineer's and
Construction Manager's additional services made necessary by such failure. If the Work complies,
the Owner shall bear such costs and an appropriate Change Order shall be issued.
24.3 Required certificates of inspection, testing or approval shall be secured by the Trade Contractor and
promptly delivered to the Construction Manager.
24.5 Neither the observations of the Architect/Engineer or the Construction Manager, in their
administration of the Construction Contract, nor inspections, test or approvals by persons other than
the Trade Contractor, shall relieve the Trade Contractor from his obligation to perform the Work in
accordance with the Contract Documents.
24.6 The Trade Contractor shall deliver test samples of any of the materials specified in any of the
Sections of his Specifications to an independent testing laboratory selected and approved by the
Owner and Construction Manager, if so required. This may apply to materials proposed for use,
materials already delivered to the job, or materials already incorporated into the construction.
24.7 The Trade Contractor shall maintain a file of all test reports. At the completion of the project, these
reports will be submitted as an Appendix to the Operations and Maintenance Manual described
above.
24.8 Any materials, which fail to meet the requirements of these Contract Documents, shall not be used
whether or not previously approved by the Architect. If they have been delivered to the job, they
shall be removed. If they have already been incorporated into the construction, the Construction
Manager or the Architect may order them removed, or, at the discretion of the Owner, through the
Construction Manager they may be permitted to remain in place providing the Trade Contractor
agrees to a proper deduction from the contract sum.
24.9 The services of a testing and inspection engineer selected by the Owner and Architect shall be
provided and paid for by the Owner for the tests required in the section (24.6) unless specifically
stated otherwise or due to deficient work.
24.10 The cost to retest or re-inspect Work, which previously failed such testing or inspection, shall be
borne by the responsible Trade Contractor.
ARTICLE 25 - INTEREST
25.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is
due only to the extent so provided in the agreement between the Owner and Construction Manager.
ARTICLE 26 - TIME
26.1 DEFINITIONS
26.1.1 Unless otherwise provided, the Contract Time is the period of time allotted in the Contract
Documents for the Substantial Completion of the Work as defined in Subparagraph (26.1.3)
including authorized adjustments thereto.
26.1.2 The date of commencement of the Work shall be the date of the Trade Contractor Agreement or
such other date as may be established therein.
26.1.4 The term day as used in the Contract Documents shall mean calendar day unless otherwise
specifically designated.
26.3.1 If the Trade Contractor is delayed at any time in the progress of the Work by any act or neglect of
the Owner, Construction Manager, or the Architect/Engineer, or by any employee of either, or by
any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor
disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Trade Contractor's control, or by any
other cause which the Construction Manager determines may justify the delay, then the Contract
Time shall be extended by Change Order for such reasonable time as the Construction Manager may
determine. In the event that a conflict exists between this section and a like clause contained in a
document having higher precedence, such like clause shall have preference to the extent of the
conflict.
26.3.2 Any claim for extension of time shall be made in writing to the Construction Manager not more than
ten (10) days after the commencement of the delay; otherwise, it shall be waived. Any claim for
extension of time shall state the cause of the delay and the number of days extension requested. If
the cause of the delay is continuing, only one claim is necessary, but the Trade Contractor shall
report the termination of the cause for the delay within ten (10) days after such termination;
otherwise any claim for extension of time based upon that cause shall be waived.
26.3.3 In the event of a delay attributable in part to the Trade Contractor and in part to causes or parties for
which the Trade Contractor is not responsible, then provided the Trade Contractor has given proper
and timely notice hereunder, the delay shall be equitably apportioned among the parties causing it
and the Trade Contractor shall remain liable for the portion not so excused.
26.3.4 If no agreement is made stating the dates upon which interpretations as set forth in Subparagraph
5.2.1 shall be furnished, then no claim for delay shall be allowed on account of failure to furnish
such interpretations until fifteen days after written request is made for them, and not then unless
such claim is reasonable.
26.3.5 It is recognized by the Trade Contractor that he may reasonably anticipate that as the project
progresses, the Construction Manager will be making changes in and updating construction
schedules pursuant to the authority given him in Article 2.2 in the Trade Contract Agreement.
Therefore, no claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 26.3 or for other changes in the
Construction Schedules, which are of the type ordinarily experienced in projects of similar size and
complexity.
26.3.6 If the Project is delayed as a result of the Trade Contractor's refusal or failure to begin the Work on
the date of commencement, as defined in Subparagraph 26.1.2 or his refusal or failure to carry the
Work forward expeditiously with adequate forces, equipment, material or other resources, the Trade
26.3.7 The permitting of the Trade Contractor or the Surety on the performance bond, if applicable, to
proceed to complete any Work or any part of it after the date of completion or after the date to
which the time for completion may have been extended, shall in no way operate as a waiver on the
part of the Construction Manager of any of its rights hereunder.
26.3.8 Neither the Owner nor the Architect nor the Construction Manager shall have liability to the Trade
Contractor or to any other Trade Contractor or Trade-Subcontractor for delay, hindrance, or
interference in the performance of the Work, however caused, except for delay or hindrance
resulting from active interference of Owner or its representatives in such Trade Contractor's
execution of the Work, and except for delay or hindrance resulting from defective plans and
specifications.
26.3.9 In addition to damages, as defined in Subparagraph 26.3.6 the Trade Contractor shall be liable to the
Construction Manager for any other damages sustained as the result of the Trade Contractor's refusal
or failure to perform the Work, provided, however, that such refusal or failure is not the result of a
justifiable delay as defined in Subparagraph 26.3.1.
26.3.10 With the Construction Manager's approval, the Trade Contractor shall suspend any work that may
be subject to damage by climatic conditions. Under such conditions the Trade Contractor shall take
measures to protect his work and to minimize the impact on progress of the work.
27.1.1 The Construction Manager may request As-Built Drawings, schedule updates, payrolls for all labor,
material status reports, waivers of lien, contractor’s sworn statement, and other data supporting
payment to Trade-Subcontractors and/or materials suppliers before processing the requisition.
27.1.2 The Trade Contractor shall, by an appropriate agreement with each Trade-Subcontractor, require
each Trade-Subcontractor to make payments to his suppliers and lower tier Trade-Subcontractors in
a similar manner as the Construction Manager makes payments to the Trade Contractor.
27.1.3 Materials, equipment and associated components that are in accordance with the Contract
Documents, are in compliance with the approved submittals and will be incorporated into the
project, may be taken into consideration by the Construction Manager and the Owner in computing
progress payments, provided the material is delivered and properly stored on the project site, or is
delivered to the Trade Contractor and properly stored in a warehouse, storage yard or similar suitable
place as may be approved by the Construction Manager and the Owner. All items covered by such
payments made shall thereupon become the sole property of the Owner. The Trade Contractor shall
remain responsible for the care of all such stored materials until they have been properly installed
and accepted by the Construction Manager and the Owner. All such requests for payment are to be
Payment for materials, equipment and associated components stored on-site shall be 100% of a valid
invoice, less the standard retainage as required by the Contract, indicating the unit quantities,
description of the material or equipment and their costs. The Trade Contractor shall also comply
with the following requirements:
Provide a complete inventory list of the materials with quantities for which payment is
requested.
Provide valid invoices from the suppliers showing the costs of the items for which payment
is requested.
The stored materials, equipment and associated components shall be permanently identified
with clear labels matching the items’ descriptions on the supplier’s invoices, including the
name of the responsible Trade Contractor.
Ensure items are properly stored off of the ground protected from damage, loss, weather,
vandalism and theft in a location and manner acceptable to the Construction Manager.
Payments may be made for off-site stored materials provided it can be demonstrated that making
such payments will be in the best interests of the project, and that all such payments will only be
made at the discretion of the Owner.
In such cases where payment for off-site stored materials is warranted and has been specifically
approved by the Construction Manager and the Owner, the following requirements must be met
prior to payment.
Payment for materials, equipment and associated components stored off-site shall be for their
substantiated cost exclusive of the amount necessary to load, transport and unload these materials
from their storage location to the jobsite, less the standard retainage as required by the Contract.
The invoice shall indicate the unit quantity, description of the material or equipment and their costs.
Before such payment is processed, the Trade Contractor shall furnish the Construction Manager and
the Owner with a certified statement giving the exact location of the stored materials or equipment,
that such material or equipment is properly stored, protected and physically identified, as prescribed
by the Construction Manager, and that the material or equipment will not be diverted for any other
use. The Trade Contractor shall furnish the Construction Manager and the Owner with properly
executed bills of sale naming the Construction Manager and the Owner as the payees along with a
complete listing of the stored items total current value.
Trade Contractor shall provide “all-risk” property insurance as evidenced by a separate certificate
of insurance covering the material upon which payment is being made on an agreed amount,
replacement cost basis. Such policy shall cover at a minimum any loss to the material due to theft,
fire, flood, earthquake, collapse and windstorm while the material is at an approved storage
location. Owner and Construction Manager shall be added as named insureds, and loss payees to
this insurance. . Owner and Construction Manager, and anyone else required by either in the
All material must to be inspected by Construction Manager personnel and the Architect or
Engineer, or Owner's Representative and must receive the recommendation from the Architect or
Engineer, or Owner's Representative for payment therefor. Trade Contractor shall pay for the cost
of the Architect's or Engineer's, or Owner's Representative's time and expense in performing these
inspection services. Inspections must occur before billing can be approved.
27.2.1 The Construction Manager may decline to approve an Application for Payment if in his opinion the
Application is not adequately supported. If the Trade Contractor and Construction Manager cannot
agree on a revised amount, the Construction Manager shall process the Application for the amount
he deems appropriate. The Construction
Manager may also decline to approve any Applications for Payment or, because of subsequently
discovered evidence or subsequent inspections, he may nullify in whole or in part any approval
previously made to such extent as may be necessary in his opinion because of:
.2 third party claims filed or reasonable evidence indicating probable filing of such claims;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the
Contract Sum;
.5 damage to the Construction Manager, the Owner, or another contractor working at the
Project;
.6 reasonable evidence that the Work will not be completed within the Contract Time;
.7 persistent failure to carry out the Work in accordance with the Contract Documents;
.9 the filing of a lien against the Project which lien is caused by the act or inaction of the Trade
Contractor or his Trade-Subcontractors;
.14 damages determined to be due the Owner, or Construction Manager after arbitration,
litigation or agreement among the parties;
.15 failure to respond to request for quotations within five (5) days;
.18 failure to submit waivers of lien and/or contractor’s sworn statements; and
27.2.2 When the above grounds in subparagraph 27.2.1 are removed, payment shall be made for amounts
withheld because of them.
27.3.1 If the Trade Contractor is not paid within seven working days after, payment is made to
Construction Manager by the Owner, and is approved for payment by the Construction Manager and
has become due and payable, then the Trade Contractor may, upon seven additional days written
notice to the Owner and Construction Manager, stop the Work until payment of the amount due has
been received. The Contract Sum shall be increased by the amount of the Trade Contractor's
reasonable costs of shutdown, delay and start-up, which shall be effected by appropriate Change
Order in accordance with Paragraph 31.3.
27.4.1 When the work is substantially completed, the Trade Contractor shall notify the Construction
Manager, in writing, that the work will be ready for final inspection and test on a definite date.
Notice shall be given at least fifteen (15) days in advance of said date. The Construction Manager
shall forward the notice to the Architect/Engineer and Program Manager who will attach their
endorsement as to whether or not he concurs with the Trade Contractor's statement that the work
will be ready for final inspection or test on the date given, but such endorsement shall not relieve the
Trade Contractor of his responsibility in the matter. If the Architect/Engineer and Program Manager
27.4.2 Neither application for final payment nor for the remaining retained percentage shall be made until
the Trade Contractor submits to the Construction Manager (1) an affidavit that all payrolls, bills for
materials and equipment, and other indebtedness connected with the Work for which the Owner or
his property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of
surety, if any, to final payment (3) properly executed "General Release and Lien Waiver and
General Guarantee" on forms provided by the Construction Manager, (4) specified warranties and
guarantees, (5) substantiation that contractual DBE requirements have been met and (6) if required,
other data establishing payment or satisfaction of all such obligations, such as receipts, releases and
waivers of liens arising out of the Contract, to the extent and in such form as may be designated. If
any Trade-Subcontractor refuses to furnish a release or waiver required by the Owner or
Construction Manager, the Trade Contractor may furnish a bond satisfactory to the Owner and
Construction Manager to indemnify them against any such lien. If any such lien remains unsatisfied
after all payments are made, the Trade Contractor shall refund to the Owner or Construction
Manager all moneys that the latter may be compelled to pay in discharging such lien, including all
costs and reasonable attorneys' fees.
27.4.3 A minimum of 150% of the value of items on the punch list as determined by the Construction
Manager shall be retained until the punch list has been completed.
27.4.3.1 If the punch list is not complete in sixty (60) Days, the Construction Manager reserves the right to
complete the outstanding punch list items by awarding separate contracts and to deduct the cost
thereof from the amounts remaining due to the Trade Contractor.
27.4.4 Upon successful completion of the final inspection and Work required by the Contract, acceptance
of same by the Owner and the filing of all affidavits, consents of surety, if any, and other data
required in Subparagraph 27.4.2 the Architect/Engineer shall file a written certification of
completion with the Owner and with the Construction Manager as to the entire amount of work
performed and compensation earned, including extra work and compensation therefore. Within
thirty (30) days after the filing of such certificate of completion, the Owner shall pay the
Construction Manager the amount stated therein, less all prior payments and advances, whatsoever,
to or for the account of the Construction Manager. All prior estimates and payments including those
relating to extra work shall be subject to correction by this payment, which is throughout this
Contract called final payment. Upon receipt of final payment from the Owner, the Construction
Manager shall make final payment to the Trade Contractors as required by Article 3.2 in the Trade
Contract.
27.4.5 The making of final payment shall constitute a waiver of all claims by the Owner or Construction
Manager except those arising from:
.1 unsettled liens;
27.4.6 The acceptance by the Trade Contractor of the final payment shall be, and operate as, a release to
the Owner and to the Construction Manager of all claims and of all liability to the Trade Contractor
for all things done or furnished in connection with this Trade Contract. Acceptance of the final
Change Order represents full and final settlement of all costs and claims, known or unknown, real or
imagined, against Gilbane Building Company and/or the Owner for Work, labor or materials
provided under the Trade Contract Agreement and any Change Orders thereto and the Trade
Contractor thereby releases Gilbane Building Company and the Owner from same. This does not
alter the Trade Contractor’s obligations under the Contract Documents
28.1.1 The Trade Contractor expressly undertakes, both directly and through his Trade-Subcontractors
every precaution at all times for the protection of persons and property. The Trade Contractor shall
be responsible for initiating, maintaining and supervising all safety precautions and programs in
connection with the Work.
28.1.2 If the Trade Contractor fails to maintain the safety precautions required by law or Trade Contract
Agreement, the Construction Manager may take such steps as necessary and charge the Trade
Contractor therefore.
28.1.3 The failure of the Construction Manager to take any such action shall not relieve the Trade
Contractor of his obligations under the Trade Contract Agreement.
28.2.1 The Trade Contractor shall submit his safety program to the Construction Manager prior to
mobilizing to the job, and shall be responsible for the safety, efficiency and adequacy of his plant,
appliances and methods and for any damage which might result from failure or improper
construction, maintenance, or operation. The Trade Contractor shall provide a safety report to the
Construction Manager on a weekly basis.
28.2.2 The Trade Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to:
.1 all employees on the work and all other persons who may be affected thereby;
.2 all the Work and all materials and equipment to be incorporated therein, whether in storage
on or off the site, under the care, custody or control of the Trade Contractor or any of his
Trade-Subcontractors;
.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
28.2.3 Trade Contractor shall not permit any construction technique or activity which decreases building
security or safety. Trade Contractors shall cooperate fully with the Construction Manager's and
Owner's requirements regarding security and safety of the building.
28.2.4 The Trade Contractor shall give all notices and comply with all applicable laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the safety of persons or property or
their protection from damage, injury or loss.
28.2.5 The Trade Contractor shall provide, erect, maintain, dismantle and remove, as required by existing
conditions and progress of the Work, all reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety regulations and
notifying the Owners and users of adjacent utilities to the Work. He shall protect the Owner's
property from injury or loss arising in connection with this Contract. He shall adequately protect
adjacent property as provided by law and the Contract Documents. He shall provide and maintain
all passageways, guard fences, light and other facilities for protection required by public authority,
local conditions, or any of the Contract Documents. At no time remove, alter or render ineffective
any barricades, railings or cover on the project without written permission of the Construction
Manager. Where these safety devices are to be turned over to others, upon completion of the work,
the devices shall be repaired or replaced so that they meet the required standards prior to turnover.
28.2.6 When the use or storage of explosives or other hazardous materials or equipment is necessary for the
execution of the Work, the Trade Contractor shall exercise the utmost care and shall carry on such
activities under the supervision of properly qualified personnel. Fuel for cutting and burning torches
shall be stored in locations and protected as prescribed by law and ordinances and as directed by the
Construction Manager. No volatile liquids shall be used for cleaning agents or as fuels for
motorized equipment or tools within a building except with the express approval of the Construction
Manager. All fuel, oil paints, or other hazardous materials stored on-site during the
construction period should be in a secondary container and removed to a locked indoor area
(which is not located within any floodplain including the 500-year floodplain) with an
impervious floor when they are not being used. Bulk fuel for construction equipment shall
not to be stored on-site. If this becomes necessary, fuel should be located within a secondary
containment system to prevent leaks from entering the environment, sheltered from
precipitation, and in a secured area. A supply of absorbent spill response material should be
available, especially during refueling, to clean up any spills of hazardous material such as
gasoline or oil.
28.2.7 The Trade Contractor shall promptly remedy all damage or loss (other than damage or loss insured
under Paragraph 30.2) to any property referred to in Clauses 28.2.2.2 and 28.2.2.3 caused in whole
or in part by the Trade Contractor, his Trade-Subcontractors, or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable and for which the
Trade Contractor is responsible under Clauses 28.2.2.2 and 28.2.2.3 except damage or loss
attributable to the acts or omissions of the Owner or Architect/Engineer or anyone directly or
indirectly employed by either of them or by anyone for whose acts either of them may be liable, and
not attributable to the fault or negligence of the Trade Contractor are in addition to his obligations
under Article 5 in the Trade Contract.
28.2.8 The Trade Contractor shall take all precautions required to prevent fires as a result of his operations.
Where flame cutting torches, blow torches, or welding tools are required to be used within an
28.2.9 The Trade Contractor shall advise the Construction Manager, in writing, of all unusual flammable or
toxic materials which the Trade Contractor plans to store and use on site.
28.2.11 The Trade Contractor shall designate a responsible member of his organization at the site whose
duty shall be the prevention of accidents. This person shall be the Trade Contractor's superintendent
unless otherwise designated by the Trade Contractor in writing to the Construction Manager, and
shall attend all project safety meetings scheduled by the Construction Manager.
28.2.12 Every employee will be dressed appropriately for the work he performs. Minimum dress will
consist of long pants, tee shirt and work shoes. Shorts, cut-offs, "tank-top" shirts or soft-toed shoes
will not be permitted.
28.2.13 Each Trade Contractor shall, in a readily visible manner, identify all of his tools, equipment and
similar materials, either by paint color or label. The Trade Contractor shall provide his employees
with a hard hat bearing his first initial, last name, and his Company name. This information shall be
clearly visible at all times.
28.2.14 The Trade Contractor shall not load or permit any part of the Work to be loaded so as to endanger its
safety. All plans for storage or loading within the Project shall be submitted to the Construction
Manager for review and if necessary, approval of the Architect/Engineer.
28.2.15 Weather protection shall be supplied by this Trade Contractor and shall include any enclosure,
supplemental heating, and furnishing and any other features (insulation, etc.) for meeting conditions
required by the Construction Manager or by the specifications relative to the Trade Contractor's
work.
ARTICLE 29 - EMERGENCIES
29.1 In an emergency affecting the safety or life of individuals, or of the Work, or of adjoining property,
the Trade Contractor, without special instruction or authorization from the Owner or Construction
Manager or Architect/Engineer, shall act, at his discretion, to prevent such threatened loss or injury.
Also, should he, to prevent threatened loss or injury, be instructed or authorized to act by the Owner
or Construction Manager or Architect/Engineer, he shall so act, without appeal. Any additional
compensation or extension of time claimed by the Trade Contractor on account of any emergency
work shall be determined as provided by Article 31 - Changes in Work.
Trade Contractor shall purchase and maintain such insurance as is required by the Trade Contract
and these General Conditions for Trade Contractors.
Unless otherwise provided in the Contract Documents, the Owner or Construction Manager will
purchase and maintain builder’s risk property insurance upon the entire Work at the site. This
insurance will include the interests of the Trade Contractor in its Work. The insurance will cover
direct physical loss or damage to covered property from any cause not excluded or limited. This
insurance is not intended to cover tools, equipment or other property not intended to be incorporated
into the Work. The cost of any deductible under the builder’s risk insurance coverage shall be the
responsibility of the Trade Contractor if the loss or damage was caused in whole or in part by Trade
Contractor, or someone for whom Trade Contractor is legally responsible. The deductible is
$25,000. The deductible is per occurrence. At a minimum, Trade Contractor shall be legally
responsible for, but not limited to, any of its employees, subcontractors and agents. Construction
Manager may deduct the amount of any such deductible costs which are unpaid by Trade Contractor
from money owed to Trade Contractor by Construction Manager. Owner and Construction Manager
retain all rights of recovery against any Trade Contractor, or anyone for whom it is legally
responsible.
31.1.1 A Change Order is a written order to the Trade Contractor signed by Construction Manager, in the
form of a Trade Contract Agreement Change Order issued after the execution of the Contract,
authorizing a Change in the Work or an adjustment in the Contract Sum and/or the Contract Time.
The Contract Sum and the Contract Time may be changed only by written Change Order. An
Change Order signed by the Trade Contractor or not objected to within ten days of the date of the
Change Order indicates his agreement therewith, including the adjustment in the Contract Sum
and/or the Contract Time. The Construction Manager will issue all contract Change Orders to the
Trade Contractor via www.iBidPro.com. The Trade Contractor shall establish contract and Change
Order signing authority in this system and shall electronically execute all Change Orders issued by
the Construction Manager.
31.1.2 If unit prices are stated in the Trade Contract Agreement or subsequently agreed upon, and if the
quantities originally contemplated are so changed in a proposed Change Request or Allowance that
application of the agreed unit prices to the quantities of Work proposed will cause substantial
inequity to the Owner, the Construction Manager, or the Trade Contractor, as determined by the
Construction Manager, the applicable unit prices may be equitably adjusted.
31.2.1 Should concealed or unknown conditions be encountered in the performance of the Work below the
surface of the ground or in an existing structure be at variance with the conditions indicated by the
Contract Documents, or should unknown physical conditions in an existing structure of an unusual
nature, differing materially from those ordinarily encountered and generally recognized as inherent
in work of the character provided for in this Contract, be encountered, the Trade Contractor must
report the conditions to the Construction Manager before the conditions are disturbed. The
Construction Manager shall thereupon notify the Architect/Engineer. Upon such notices, or upon
his own observation of such conditions, the Architect/Engineer shall promptly make such changes in
the Drawings and Specifications as he finds necessary to conform to the different conditions. Any
change in the cost of the work or the time needed for completion resulting from concealed
conditions shall be determined in accordance with Article 8 in the Trade Contract provided a notice
there of is made within ten (10) days after the first observance of the conditions.
.1 A "Request for Quotation" Form from the Construction Manager to the Trade Contractor
describing the revision to the work desired. Usually, it is accompanied by revised drawings,
sketches or other data.
.2 Formal notification via RFI from the Trade Contractor documenting a "concealed or
unknown condition" requesting investigation by CM and A/E which causes changes in the
Drawings and Specifications (and a subsequent Request for Quotation on the revised
documents).
31.3.2 If an instruction is issued without an RFQ, the Trade Contractor has five (5) days to notify the
Construction Manager that the instruction involves extra cost and/or time. If it is determined by the
Construction Manager that the work involved in such instruction shall be recognized as an extra, an
RFQ shall be issued and the Trade Contractor shall have five (5) days to submit the quotation and
the amounts of additional compensation to be paid therefore, should be determined in accordance
with Article 8 in the Trade Contract. Failure to respond as noted shall waive the Trade Contractor's
claim for any additional compensation.
31.3.3 Changes in the work will have a distinctly numbered CR (Change Request) number for tracking
purposes on the Request for Quotation Form.
31.3.4 Requests for Quotations must be responded to within five (5) days with all required substantiation
documentation. Failure to respond in such time shall waive the Trade Contractor’s claim for any
additional compensation. Required substantiation documentation shall include at a minimum:
a. Change amount
b. Time extension, if any
c. Change to contract DBE amount
Additional foreman hours shall not be included unless additional crews are added and/or a
compensable time extension is granted.
Owned Equipment: (Used directly on the Work and by the Trade Contractors own forces). Daily rate
is not to exceed 3% of the monthly rental rate as identified by a nationally recognized construction
cost estimating guide or service.
Failure to provide all of the information described above will result in immediate rejection of the
Trade Contractor’s quotation. Any delay caused to the Project and/or other Trade Contractors by
non-conformance to these requirements is the responsibility of the Trade Contractor.
31.3.5 Any claim for damages of any character, delays for which the Owner or Construction Manager is
liable under the Contract Documents, extra work or extra compensation of any other nature, shall be
waived unless notice thereof is given to the Construction Manager, in writing, within 10 days after
the occurrence of the event which is relied upon to justify the claim or within such time as the event
should have reasonably been discovered by the Trade Contractor, and in any event, before extra cost
is incurred.
31.4.1 The Architect/Engineer will have authority to order through the Construction Manager minor
changes in the Work not involving an adjustment in the Contract Sum or an extension of the
Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall
be effected by written instruction and such changes shall be binding on the Owner, the Construction
Manager, and the Trade Contractor. The Trade Contractor shall carry out such written orders
promptly.
In the event a Trade Contractor is directed to proceed with a change, allowance or claim, on at time
and material basis, the Trade Contractor must keep and present to the Construction Manager an
itemized accounting together with supporting data, including Time and Material tickets. Time and
Material tickets will only be considered when the work noted on said tickets has been previously
authorized, in writing, by the Construction Manager. Any Time and Material tickets for work
completed by the Trade Contractor, in which the Construction Manager has not been notified and
has not agreed to track on a T&M basis, is done at the Trade Contractor’s expense. No
compensation will be made for such tickets. Also, all Time and Material work verification slips are
to be presented by the Trade Contractor to the Construction Manager on a DAILY BASIS, on the
SAME DAY the previously authorized work is performed. It is understood that the Construction
Manager’s sign-off on a T&M ticket is for verification of the time and materials expended and does
32.1.1 If any portion of the Work should be covered prior to inspection, or contrary to the request, of the
Construction Manager or Architect/Engineer, or to requirements specifically expressed in the
Contract Documents, it must, if required in writing by the Construction Manager, be uncovered for
their observation and replaced, at the Trade Contractor's expense.
32.1.2 If any other portion of the Work has been covered which neither the Construction Manager nor the
Architect/Engineer has specifically requested to observe prior to being covered, the
Architect/Engineer or Construction Manager may request to see such Work and it shall be
uncovered by the Trade Contractor. If such Work be found in accordance with the Contract
Documents, the cost of uncovering and replacement shall, by appropriate Change Change Order, be
charged to the Owner or Construction Manager, as the case may be. If such Work be found not in
accordance with the Contract Documents, the Trade Contractor shall pay such costs unless it be
found that this condition was caused by a separate trade contractor employed as provided in Article
20, and in that event the separate trade contractor shall be responsible for the payment of such costs.
32.2.1 The Trade Contractor shall promptly correct all Work rejected by the Architect/Engineer or the
Construction Manager as defective or as failing to conform to the Contract Documents whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Trade Contractor shall bear all costs of correcting such rejected Work, including
compensation for the Architect/Engineer's and/or Construction Manager's additional services made
necessary thereby.
32.2.2 If, within eighteen (18) months after the Date of Substantial Completion of the Work or designated
portion thereof, or within eighteen (18) months after acceptance by the Owner of designated
equipment or within such longer period of time as may be prescribed by law or by the terms of any
applicable special warranty required by the Contract Documents, the Trade Contractor is notified of
defective work he shall correct it promptly. This obligation shall survive the termination of the
Contract. The Owner or Construction Manager shall give such notice promptly after discovery of
the condition.
32.2.3 The Trade Contractor shall remove from the site all portions of the Work which are defective or
nonconforming and which have not been corrected under Subparagraphs 8.1, 32.2.1 and 32.2.2,
unless removal has been waived by the Owner.
32.2.4 If the Trade Contractor fails to correct defective or nonconforming Work as provided in
Subparagraphs 8.1, 32.2.1 and 32.2.2, the Owner or Construction Manager may correct it in
accordance with Article 9 in the Trade Contract.
32.2.5 If the Trade Contractor does not proceed with the correction of such defective or nonconforming
work within a reasonable time fixed by written notice from the Construction Manager, the Owner or
Construction Manager may remove it and may store the materials or equipment at the expense of the
32.2.6 The Trade Contractor shall bear the cost of making good all work of the Construction Manager or
other contractors destroyed or damaged by such removal or correction.
32.2.7 Nothing contained in this Paragraph 32.2 shall be construed to establish a period of limitation with
respect to any other obligation which the Trade Contractor might have under the Contract
Documents. The establishment of the time period of eighteen (18) months after the Date of
Substantial Completion or such longer period of time as may be prescribed by law or by the terms of
any warranty required by the Contract Documents, relates only to the specific obligation of the
Trade Contractor to correct the Work, and has no relationship to the time within which his
obligation to comply with the Contract Documents may be sought to be enforced, nor to the time
within which proceedings may be commenced to establish the Trade Contractor's liability with
respect to his obligations other than specifically to correct the Work.
33.1.1 If the Work is stopped for a period of thirty days under an order of any court or other public
authority having jurisdiction, or as a result of an act of government, such as a declaration of a
national emergency making materials unavailable, through no act or fault of the Trade Contractor or
a Trade Subcontractor or their agents or employees or any other persons performing any of the
Work under a contract with the Trade Contractor, or if the Work should be stopped for a period of
thirty days by the Trade Contractor because of a failure to receive payment in accordance with the
Trade Contract Agreement, then the Trade Contractor may, upon seven additional days’ written
notice to the Construction Manager, terminate the Trade Contract Agreement and recover from the
Owner or Construction Manager, as the case may be, payment for all Work executed and for any
proven loss sustained upon any materials, equipment, tools, construction equipment and machinery,
including reasonable profit and damages.
33.2.1 If the Trade Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit
of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or
repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough
properly skilled workmen or proper materials, or if he fails to make prompt payment to Trade-
Subcontractors or suppliers, or persistently disregards laws, ordinances, rules, regulations or orders
of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a
provision of the Contract Documents, then the Owner or Construction Manager may, without
prejudice to any right or remedy and after giving the Trade Contractor and his surety, if any, ten
days written notice, terminate the employment of the Trade Contractor and take possession of the
33.2.2 If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including
compensation for the Construction Manager's additional services made necessary thereby, such
excess shall be paid to the Trade Contractor. If such costs exceed the unpaid balance, the Trade
Contractor shall pay the difference to the Construction Manager.
33.3.1 The Construction Manager reserves the right, for its or the Owner’s convenience, to terminate the
Work of the Trade Contractor(s), in whole or in part, at any time by providing written or telegraphic
notice to the Trade Contractor stating the extent and effective date of such termination; whereupon
such Trade Contractor(s) shall: (i) stop all work and place no further orders or subcontracts for
materials, services, equipment or supplies, except as may be necessary to complete portions of the
Work not terminated; (ii) assign to Construction Manager, in the manner and to the extent directed,
all of the rights of the Trade Contractor(s) under work orders, purchase orders and subcontracts
relating to the terminated portion of the Work; (iii) terminate work orders, purchase orders and
subcontracts outstanding to the extent that they relate to the terminated portion of the Work and are
not assigned to the Construction Manager; (iv) take any action necessary to protect property in
Trade Contractor's possession in which the Owner or Construction Manager has or may acquire an
interest; (v) complete performance of the intermediated portion of the Work; and (vi) take any other
action toward termination of the Work which the Construction Manager may direct.
33.3.2 In the event that all or a portion of the Work of the Trade Contractor(s) is terminated pursuant to
Subparagraph 33.3.1 Trade Contractor(s) shall be entitled to payment of those costs relating to the
terminated portion of the Work as hereinafter defined. The Construction Manager shall thereafter
pay to the Trade Contractor(s), subject to the limitations herein set forth, the sum of the following
costs which represent the respective interest of the Trade Contractor(s) to the terminated portion of
the Work:
.1 portion of the Contract Sum related to the work completed by the Trade Contractor
immediately prior to Notice of Termination.
.2 Expenses incurred or for which the Trade Contractor is liable as the result of termination by
Trade Contractor of respective work orders, purchase orders or subcontracts related to the
Notice of Termination including overhead and profit on completed work.
.3 No payment shall be made for work not actually performed. Deductions will be made by
Construction Manager for amounts previously paid to Trade Contractor and for any amounts
which may be due Owner or Construction Manager, or which Owner or Construction
Manager may offset or withhold by the terms hereof. The total amount of all payments to
Trade Contractor shall not exceed in any event, the proportion of the total Contract Sum that
the Work actually performed (including materials delivered to the project site minus credits
for returned goods or cancelled orders) at the date of termination bears to the entire Work to
be performed hereunder.
33.3.3 After receipt of a Notice of Termination, Trade Contractor shall submit to Construction Manager its
written termination claim in the form and with the certification which the Construction Manager may
34.1 Immediately after the contract is awarded, a meeting will be scheduled at the project site to review
project procedures, designation of name and title of the authorized person or persons, representing
the Company and responsible for project management and/or field operation, designation of
Emergency Contact, designation of representative for progress meetings, the requirements for daily,
weekly and monthly reports and other submittals required to perform and administer the project.
34.2 Without limiting the reports required, several samples are indicated below with their requirements.
34.2.1 Daily Force and Activity Reports shall be prepared and submitted by each Trade Contractor,
including similar data for each of his Trade-Subcontractors.
This report will be on a form approved by the Construction Manager and will indicate Supervisors,
Journeymen, Laborers or Helpers and, by composition of the crew, the activities, related to the
contractors' schedule, that are being performed and will include information or material deliveries,
test and other significant events. This report shall also substantiate EEO and residency requirements
if applicable.
Each Daily Force and Activity Report shall be delivered to the Construction Manager at the job-site
by 9:00 a.m. on the next succeeding business day.
34.2.2 Separate Daily Documentation of any "Changes in the Work" being performed on a basis described
in Article 8 of the Contract Agreement.
34.2.3 Monthly Reports, such as MBE Participation, etc., required by governing bodies to be submitted
through the Construction Manager and/or Owner.
The items listed should correspond to the items listed on the Submittal Schedule. This report must
be updated and submitted monthly with the Application for Payment.
It is mandatory that the Trade Contractor maintain an accurate and current Material Status Report.
This information is vital for identifying delivery dates that adversely affect the overall project
schedule and allows for expediting of these items.
34.2.5 Weekly minutes/reports of Safety Program "Tool Box" meeting and other Safety information.
34.2.6 The Trade Contractor shall submit job cost breakdown reports for record and tax purposes to the
Construction Manager. The first report shall be submitted thirty (30) days after date of each Notice
to Proceed on any portion of Work and shall be consistent in format with schedule of
values. Another report shall be submitted at the completion of the job and shall include all additions
35.1 Electric power for use in temporary trailers shall be available to the Trade Contractor from a central
location in the trailer area. The Trade Contractor shall furnish any required extensions from this
location at his own expense.
35.2 Potable water shall be available to the Trade Contractor at a central location. Extensions of the
water supply for Trade Contractor's exclusive use shall be the responsibility of the Trade Contractor.
35.3 Pay telephone service will not be provided by the Construction Manager. Trade Contractors shall
provide telephones for their use at their own expense.
35.4 The Construction Manager will provide temporary toilets, excluding Trade Contractor's trailer
hookup.
35.5 The Construction Manager will provide temporary fire safety equipment for general use. Each
Trade Contractor shall provide their own fire extinguishers for their trailers, and for use, as required
when cutting and burning are performed.
35.6 The Construction Manager will provide rubbish containers and rubbish disposal service unless noted
otherwise in the Proposal Form. The Trade Contractor must not use these containers for the disposal
of earth, surplus or slop concrete, hazardous materials, masonry, regulated materials, and/or steel
stock. Each Trade Contractor must dispose of these elements at his own expense. Trade
Contractors are responsible to separate their rubbish as required by the Construction Manager and
all agencies having jurisdiction. Any resorting of debris by the Construction Manager to correct the
disposal of this Trade Contractors debris will be backcharged to this Trade Contractor.
35.7 For further description and location of temporary services and system, refer to the Site Utilization
Plan and the following paragraphs.
Each Trade Contractor shall be responsible for furnishing, installing or otherwise providing any or
all of the following temporary facilities, structures or services as may be necessary or required for or
during, performance of the work of his Contract.
.1 Temporary field office facilities complete, including all furniture, heat, cooling, lighting,
telephone, plumbing and toilet fixtures as he may require for his exclusive use. (Site location
and number are subject to approval of the Construction Manager
.2 Temporary storage facilities, sheds as may be required for the proper protection or storage of
materials and/or equipment. (Site location and number are subject to approval of
Construction Manager). No temporary storage boxes shall be placed on ground that is
lower than the 100 year flood plain elevation of 22.8 feet.
.3 Temporary extension from, and hookup to, all temporary utilities which have been provided
to a common point for use by the Trade Contractors during construction.
.5 Furnishing, erection, maintenance and removal of all temporary hoists and scaffolding as may
be required by the Trade Contractor for the performance of the work of his Contract.
.6 Temporary drainage and dewatering measures including all pumping, drainage, erosion
control or other work required to protect the work of the Trade Contractor while in progress.
.7 All temporary facilities, structures, services or items of work specifically required or defined
in the Scope of Work of the Contract (Bid Package) or otherwise required by the Contract
Documents for his work.
.9 At the end of the day's work, all work subject to damage by adverse weather conditions shall
be covered or otherwise protected as required. Weather protection shall be adequate to permit
each Trade Contractor to work on a continuous basis without shutdown due to temperature or
weather conditions as far as possible.
.10 No temporary service shall be removed or disconnected until the new parts have been
installed to replace them, properly connected and ready for use. The changing over from
temporary to permanent work shall be done expeditiously, and if possible so that no part of
the building or premises shall be without adequate service. All such procedures must be
planned and submitted to the Construction Manager for approval.
.11 Provide snow removal as necessary to perform your work except access to site, which is by
others.
.1 Concurrent with excavation operations, the central service will be installed from the Utility
Company's service point to the central distribution point on-site. Distribution from this point
to the central connection point in the trailer area will be installed including any transformers,
main disconnect switch or switches, any metering, supports, protective enclosure and
grounding.
Service will terminate in a panel board equipped with circuit breakers. Service characteristics
available will be 120/208 volts, three phase, 4 wire, unless otherwise specified. Total
capacity to be shared shall be 400 amps. Use of electricity for basic heating of trailers will
not be allowed.
As excavation progresses, the distribution will be extended underground to the designated (on
Site Utilization Plan) distribution locations will provide:
a) Panel board for breakers for lighting and hand tool circuits throughout the area served.
b) Panel board and breakers for twenty (20) 20 amp circuits for connection of bench
tools, such as, pipe threaders, etc.
As the work progresses and structure and decks are constructed, the lighting/hand tool
circuits will be installed throughout the building according to the following criteria.
Temporary lighting shall be installed in all areas and rooms, including all platforms, levels
and stairways but excluding crawl spaces, duct and riser shafts per OSHA Standard 1926.56.
Each room or enclosed area shall have, at least, one light and one power outlet. Where 100
watt lights are used, the outlets shall consist of double weather proof sockets. One (1) socket
shall be used for the 100 watt lamp and the other socket shall be used for portable power
tools.
Any temporary lighting required beyond the foregoing shall be provided by the party
requiring the same and the work will be paid for by that Trade Contractor.
Connecting and disconnecting Trade Contractor tools, equipment, and trailers to (and from)
the above distribution system will be performed by qualified personnel paid for by the Trade
Contractor. All grounding as required by the National Electrical Code, OSHA or any and all
local codes, including approved ground fault interrupters shall be furnished and installed at
the Trade Contractors expense.
All Trade Contractors must share the system provided and average usage is anticipated. Any
Trade Contractor anticipating fabrication area or operations must coordinate his needs
through the Construction Manager. If additional distribution is required and available at the
temporary service, it will be provided at the Trade Contractor's expense.
The system will be operated during normal work week, defined as five (5) days, including 1/2
hour before regular working hours and 1/2 hour after regular working hours for every trade.
Maintenance of the electrical service beyond the duration defined above will be at the
expense of the Trade Contractor requesting the service. Charges for maintenance of the
services will be made from the Operating Contractor to the Trade Contractor and will not
involve (nor occur cost to) the Construction Manager or Owner.
.3 Relocation to allow construction to proceed and removal when permanent power is available
will be coordinated with the Construction Manager as part of the maintenance service.
.4 The Electrical Trade Contractor may be requested in the Bid Package "Scope of Work" to
include part or all of the above described temporary service and distribution and/or
maintenance.
The Construction Manager will pay for the cost of all energy consumed by all trades during
the construction period metered through this system.
Each Trade Contractor shall be responsible for providing his own temporary heat and
weathertight enclosures as required for the satisfactory performance of his work and to
comply with the construction schedule. Temporary heat systems must be approved by the
Construction Manager.
It is not anticipated that the permanent building system will be utilized to provide "temporary
heat" during the major portion of construction operations.
It is anticipated that activation, testing and balancing of the building heating/cooling system
will be critical to the completion and acceptance of the project and therefore actuation, of the
permanent system will be scheduled for the earliest possible time.
Within these parameters the Trade Contractor must provide any supplemental heat required to
perform his work.
In the proposal form, the Trade Contractor may be requested to indicate an amount included
for "supplemental heat" (not construction heating) as the Construction Manager may request
proposals for providing an interim heating system from the Mechanical Trade Contractor.
(Review Scope of Work carefully).
.3 Temporary humidity control system will only be available after the temporary heat system is
activated in the building. This shall be taken into account with regard to drying and curing
times as well as dimensional stability of permanently installed work of this bid package.
.1 Temporary water distribution as indicated on Site Utilization will be provided for the use of
all Trade Contractors and to provide a temporary fire protection system.
.2 The temporary fire protection system shall be installed using the permanent standpipes and
risers, and shall be installed as rapidly as construction permits.
.3 Temporary fire standpipe connections, including pipe fittings, and valves shall be provided at
the location of each permanent hose rack or station as shown on the contract drawings.
.4 At each temporary riser connection shall be provided a temporary hose rack, 100 feet of 1-
1/2" UL approved fire hose system with brass couplings and a 1-1/2" nozzle. The system
shall also provide 2-1/2" valved, capped connection at each location together with 1-1/2"
valved connection with a pair of hose bibs. Hose adaptors on the discharge side of the 2-1/2"
valve shall be compatible with hose fittings used by the local fire department.
.5 All Trade Contractors are responsible for providing their own hoses to bring water from the
hose rack location to their work areas. Only heavy duty 3/4" hose in good conditions will be
permitted in use in the interior of the building. The discharge end of each hose shall be
equipped with a means of positive shut off. The use of hoses which leak at connections or
elsewhere throughout their length will not be permitted. All hoses shall be disconnected from
.6 When no longer required, as determined by the Construction Manager, the temporary systems
shall be dismantled and removed.
.7 Non-potable water will be provided to all Trade Contractors without cost, and any billings
therefore will be paid by the Construction Manager.
.8 The Plumbing Trade Contractor may be requested in the Bid Package "Scope of Work" to
include furnishing installing and dismantling and removing the temporary water/temporary
fire protection system described above.
In such event the temporary equipment and materials so removed shall become the property
of the Plumbing Trade Contractor. (Review Scope of Work Carefully.)
Each Trade Contractor shall be responsible for daily and final cleanup and continuous removal of all
rubbish and debris generated and associated with its work from the building and site, including
sweeping its work area with sweeping compound. The Construction Manager shall provide, erect,
locate, and maintain a rubbish chute and/or dumpster for use of most trades. Each Trade Contractor
shall be responsible to deposit his daily rubbish into these chutes or dumpster locations as
designated and provided by the Construction Manager. Failure of a Trade Contractor to do so will
require that this be done by the Construction Manager after proper notice to the Trade Contractor
and labor for doing so shall be charged to the responsible Trade Contractor.
.1 The job-site shall be maintained in a neat orderly condition and kept free from accumulations
of waste materials and rubbish during the entire construction period. Trade Contractor will
remove their crates, cartons and other flammable waste materials or trash from the work areas
at the end of each working day.
.2 Elevator shafts, electrical closets, pipe and duct shafts, chases, furred spaces and similar
spaces which are generally unfinished, shall be cleaned and left free from rubbish, loose
plaster, mortar drippings, extraneous construction materials, dirt and dust before substantial
completion inspection.
.3 Each Trade Contractor shall be responsible for cleaning all surfaces as necessary to make
them free of spatters or other deposits of paint, plaster, mortar, concrete, adhesives, roofing,
dirt, soil, oil, or any other material foreign to the surface involved. The Construction
Manager shall back-charge to the responsible party the cost of cleaning which is required by
accidental soiling or damage by another Trade Contractor.
Each Trade Contractor is responsible to share the task of litter cleanup (e.g., coffee cups,
lunch wrappers, etc.)
.5 The Trade Contractor shall be responsible to maintain his own trailer, storage and work areas
in a sanitary condition to minimize the hazard of attracting vermin and breeding mosquitoes.
If the Trade Contractor fails to comply, the Construction Manager may do so, and the cost
thereof shall be charged to the Trade Contractor. Rodent extermination materials shall be
those approved by the local health department or other agency having jurisdiction.
.7 At completion of work, each Trade Contractor shall remove tools, equipment, machinery, and
surplus materials from the project site and perform whatever additional cleaning is specified
in the Contract Documents.
.8 This Trade Contractor shall make all efforts to minimize dust and airborne debris. This
includes utilizing wet cutting operations where permitted and providing and maintaining all
required dust partitions. Other measures shall be required if, in the estimation of the
Construction Manager, the existing dust control methods are not sufficient.
The Construction Manager (on the Site Utilization Plan) will designate the wash-down area to be
utilized by the Trade Contractors. The "wheel wash station" will be equipped with a hose
connection and drainage area. The Trade Contractor shall provide manpower, hose and other
supplemental scrapers, brushes, etc., which may be required to satisfactorily clean his vehicles
leaving the site. The construction of this temporary facility may be included in the "Scope of Work"
of the excavation or site Preparation Bid Package, Review scope of work carefully.
.1 All vehicles shall be cleaned of all mud and debris before leaving the site. Each Trade
Contractor shall be responsible for providing whatever personnel may be required to perform
the required vehicle cleaning throughout the progress of his work. The wash-down area shall
not be used for cleaning out of concrete mix trucks.
.3 All trucks leaving the site with earthen materials or loose debris shall be loaded in a manner
that will prevent dropping of materials on streets, and are to have suitable coverings fastened
over the load before they enter surrounding paved streets. Trucks bringing earthen materials
over paved streets to the site shall be similarly loaded and covered. The Trade Contractor
shall conform to all local regulations regarding load limits and be responsible for any costs
due to failure to comply with the above.
.1 At no time remove, alter or render ineffective any barricades, railings or cover on the project
without written permission of the Construction Manager. Where these safety devices are to
be turned over to others, upon completion of the work, the devices shall be repaired or
replaced so that they meet the required standards prior to turnover. Replace guardrails and
other safety structures which you have removed to perform your work, coordinate with the
Construction Manager. Closely follow safety procedures while structures are removed.
.2 The Trade Contractor shall provide and maintain proper warnings and detour signs at all
pedestrian and vehicular closures, intersections, and along detours, directing traffic around
closed portions of roadways. He shall, at his own expense, wherever necessary or required,
provide and maintain fences, temporary roadways, temporary cross signs, watchmen, warning
lights and take such other precautions as may be necessary to protect life and property, and
shall be responsible for all damages occasioned in any way by his act or neglect. All
barricades and obstructions shall be illuminated at night, and all lights shall be kept on from
one-half hour before sunset, until one-half hour after sunrise.
36.1 In the event of any conflict or discrepancy in the provisions of the contract documents, the
documents shall be interpreted on the basis of the following order or priority:
.5 General Conditions
.6 Specifications
Coverage for the CCIP includes Worker’s Compensation, General Liability and Excess Liability
Insurance. Insurance coverage and limits provided under the CCIP are limited in scope and are specific to
the work performed at the Project Site. All bids shall be predicated on the terms and condition of the
Sample CCIP and shall exclude bidder’s cost of onsite worker’s compensation, employers’ liability
insurance, onsite general liability insurance and onsite excess liability insurance, unless otherwise
required by the CCIP.
Trade Contractors and Subcontractors are required to maintain insurance coverage even if enrolled in the
CCIP as outlined herein. Liabilities may arise from Trade Contractors and Subcontractors operations
performed away from the Project Site which would not be covered by the CCIP. The CCIP will not
provide coverage for automobile liability (both onsite and offsite), trade or subcontractor’s equipment,
off-site general liability, off-site workers compensation, professional liability or environmental liability.
All bids shall include bidder’s cost of automobile liability (both onsite and offsite) insurance,
contractor’s equipment coverage, off-site general liability insurance, off-site workers compensation
insurance, professional liability or environmental liability insurance, as well as any other coverage
deemed necessary by the bidder.
The Trade Contractor shall include all costs required to maintain all insurance as required by the CCIP
and Article 6 of the Trade Contract Agreement. The Trade Contractor shall require and cause each and
every Subcontractor of all tiers to include and comply with the requirements of the CCIP and Article 6 of
the Trade Contract Agreement.
J06930-000
BI-2B-381 CMR
BI-2B-382
6/30/17
1.1 Overview
Gilbane Building Company (Sponsor) has elected to use a Contractor Controlled
Insurance Program (CCIP) for the State Office Building Renovations and New Parking
Garage (Project). Under such a program, the Sponsor purchases certain insurance
policies for protection of some (but not all) of the insurable risks that exist on a
construction project. The insurance purchased by the Sponsor will be endorsed to extend
coverage of the policy to any enrolled Subcontractors, or Sub-Subcontractors. All
Subcontractors and Sub-Subcontractors on the Project should carefully consider the
CCIP and its implications to their company before executing a contract requiring their
participation in the CCIP.
The CCIP provides the following insurance for all Subcontractors, regardless of tier, that
are approved for participation in the insurance program:
Certain Subcontractors are ineligible for this program. These parties are identified in the
Definitions, Section 5.2 of this manual.
The Sponsor will pay all insurance premiums for the CCIP coverage listed above. You
should notify your insurer(s) to delete from your insurance program charges and coverage
for the on-site activities of this Project that are covered under the CCIP.
Alliant, the CCIP Program Broker/Administrator, will be administering the program on the
behalf of the Sponsor.
Insurance coverage and limits provided under the CCIP are limited in scope and specific
to this project only. Your insurance representative should review this information. Any
additional coverage you may wish to purchase will be at your own expense.
The guidelines in this manual are to be used for informational purposes only. Any
conflict between this document and any contract or subcontract, the contract or
subcontract will govern. Any difference with the actual CCIP policies will control in
the event of any inconsistency or misunderstanding.
This Manual:
This manual will be updated throughout the course of the project if necessary
Specific questions about the CCIP, its administration, or the coverage provided should be
referred to the CCIP Administrator identified in the Project Directory section immediately
following this introduction.
Cathie McGrath
Office: 516-414-8931
Fax: 855-278-8194
cmcgrath@alliant.com
Claims Manager
Liz Millette
Office: 401-456-5517
Mobile: 860-367-7736
EMillette@gilbanceco.com
PROJECT EXECUTIVE PURCHASING MANAGER
CCIP Coverages
INSURANCE COMPANIES POLICIES
American Zurich Insurance Company Workers’ Compensation
American Zurich Insurance Company General Liability
Various Excess Liability
The following definitions apply to this project and to the descriptions of the Project
Coverage used in this manual:
Certificate of Insurance:
A Document providing evidence of the existence of coverage for a particular insurance
policy or policies.
Contract:
A written agreement between the Sponsor and the Subcontractor for specific work and
also includes an agreement between a Subcontractor and any tier of Subcontractor.
Employer:
Any individual, firm, or corporation that provides direct construction labor for work
performed at the Project Site.
Enrolled:
Applies to those eligible Subcontractors, and Sub-Subcontractors that have submitted all
necessary enrollment forms and have been accepted into the CCIP as evidenced by a
Certificate of Insurance. Also described in this manual as a Participating Subcontractor.
Ineligible:
Applies to Subcontractors of any tier excluded from participation in the CCIP.
Insured:
The Sponsor, Participating Subcontractors, and any other party so named in the
insurance policy.
Project Site:
Project Site shall mean those areas designated in writing by Sponsor for performance of
the Work and such additional areas as may be designated in writing by Sponsor for
Subcontractors use in performance of the Work. Subject to notification and other
requirements for off-site locations, the term Site shall also include (a) field office sites, (b)
property used for bonded storage of material for the Project approved by Sponsor, (c)
staging areas dedicated to the Project, and (d) areas where activities incidental to the
Project are being performed by Subcontractors covered by the workers’ compensation
policy included in the CCIP, but excluding any permanent locations of Subcontractors.
Sub-subcontractor:
Any entity of any tier subcontracting with a Subcontractor to the Sponsor.
Please refer to the Safety Manual for actual substance abuse protocol and
requirements.
alliantwrapx@alliantinsurance.com
If you should have any questions or require additional information about this process or
other matters related to the CCIP, please contact your CCIP Administrator identified in
Section 2: Project Directory of this Manual.
4.3 Enrollment
Enrollment into the CCIP is required but not automatic. Eligible Subcontractors must
complete the enrollment form online (see instructions in Section 8), and participate in the
enrollment process for the CCIP coverage to apply. This form must be completed and
submitted to the CCIP Administrator prior to mobilization. Access to the project site will
not be permitted until the enrollment is complete.
Each Subcontractor of any tier shall provide details about its lower tier subcontractors to
the CCIP Administrator so that they may facilitate enrollment of all Sub-subcontractors as
well. Each Sub-subcontractor is responsible to complete their Enrollment online to obtain
coverage under the CCIP.
A separate online Enrollment is required for each Contract for which you are performing
Work; however, only one Workers’ Compensation policy will be issued for your firm.
In the event the Sponsor elects not to include a Subcontractor of any tier’s work under the
CCIP, the standard terms and conditions regarding insurance listed in the Contract
Document will then apply. The CCIP Administrator will advise a Subcontractor of any tier
which has submitted an enrollment form if they excluded from the CCIP.
The monthly man-hour reports shall certify all Work performed at or emanating directly
from the Project Site, including supervisory and clerical personnel on site.
A Separate Monthly Payroll is required for each Subcontract for Work you are performing.
Payroll shall be reported online via the Alliant WrapX Contractor Portal:
http://alliantwrapx.alliantinsurance.com/contractorportal
Any Subcontractor Claims Obligation that Subcontractors of any tier are responsible for
will be considered at the time of the Contract close-out unless the actual cost of the claim
has been established and considered prior to close-out.
The Sponsor or its loss control representatives will have the right to “Stop Work” when
serious defective conditions, unsafe work activities, or life threatening hazards are
identified. In accordance with contract requirements, if deemed necessary, the Sponsor
may remove any subcontractor and/or subcontractor employees that blatantly violate
these requirements. The Sponsor, at its discretion, will designate an individual to act on
its behalf, in all matters relating to work site safety and health.
The following coverage summaries are provided for informational purposes only. The
actual terms and conditions of the coverage provided are contained in the insurance
policies under the CCIP, and Gilbane Building Company and others shall not rely upon
this summary in lieu of the policies themselves. Copies of the policies will be made
available to all potential Participating Subcontractors upon written request.
Limits of Liability
Shared by All Insureds
Each Occurrence Limit $ 100,000,000
Annual General Aggregate Limit $ 100,000,000
Subcontractors are responsible for monitoring their lower tier Subcontractors insurance
documents, whether enrolled or excluded. The Sponsor reserves the right to disapprove
the use of Subcontractors unable to meet the insurance requirements. Certificates
evidencing compliance shall be submitted to Sponsor.
The limits of liability shown for the insurance required of the Subcontractor are minimum
limits only and are not intended to restrict the liability imposed on the Subcontractors for
Work performed under their Contract.
Subcontractors of any tier agree to obtain and maintain during the life of this contract the
following minimum insurance requirements. Subcontractors of any tier shall pay the
premiums required for such insurance.
Excluded Subcontractor’s should provide a copy of their policy, their schedule of forms
and/or copies of their exclusions to Alliant and for further review by Gilbane Risk
Management where necessary.
If Subcontractor will be hauling or transporting any hazardous materials, then policy shall
include the most current version of the ISO CA 99 48-Broadened Pollution Liability
Endorsement, or its equivalent, and the MCS-90 shall also be attached to the policy.
Professional Liability
Change in limits, coverage, or loss of aggregate limit due to outstanding claims must be
reported to the CCIP Administrator within thirty (30) days of any such event. This policy
must be endorsed to provide a Waiver of Subrogation in favor of the Sponsor and all
additional insureds and indemnities required in the contract.
Pollution Liability
Coverage shall include bodily injury and property damage liability, defense costs, and
clean-up costs and shall provide non-owned off-site disposal coverage if hazardous or
regulated materials will be transported to a disposal site.
Policy shall also be endorsed to name Sponsor and all other entities as required by
contract as additional insureds on a primary and non-contributory basis. Waiver of
Subrogation is also required in favor of the Sponsor and all additional insureds and
indemnities as required in the contract.
Subcontractor shall immediately provide written notice to the Sponsor of any notice of
cancellation, notice of non-renewal, or any other material modification of the insurance
coverages required to be provided by the Subcontractor.
In the event of failure of any tier to furnish and maintain said insurance and to furnish
satisfactory evidence thereof, the Sponsor shall have the right to take out and maintain
same coverage for all parties on behalf of the Subcontractor of any tier who also agrees
to furnish all necessary information thereof and to pay the cost thereof to the Sponsor
immediately upon presentation of a premium invoice.
The Site Safety Manager or Project Superintendent Contact information can be found in
Section 2 of this manual.
The employee must treat with the designated providers for the initial visit. After that, the
employee may seek treatment from a provider of his choice. Designated provider is
identified below and will be posted.
Trade contractors’ on-site personnel will follow these procedures if any employee is
involved in an accident or occurrence resulting in bodily injury:
1. Trade Contractor should contact the designated first aid/medical personnel and
transport the injured party to the on-site first aid or medical facility, as necessary.
5. Trade contractor and its sub-trade contractor will provide for Modified Alternate
Duty (Return to Work Program) based upon the work abilities given to the Injured
Party from the treating physician.
7. No Injured Party will be allowed on a job site unless they have provided the Site
Safety Manager with the proper return to work note, either full duty or modified
duty.
Construction Manager is committed to providing a safe work place for both its
employees and the trade contractors’ employees; facilitating prompt quality medical
care in the event of a work related injury; and pursuing modified alternate duty to
minimize the risks and financial burdens to its workforce.
Responsibilities:
The following will define the reporting responsibilities of each party involved in the CCIP
for Return to Work.
Insurance Carrier Team – Are responsible for the daily claim handling.
Coordinate medical care and return to work issues.
Contact and communicate with the treating physician following each office visit.
Manage issues related to claim file resolution.
Analyze losses and recommend corrective action.
NON-EMERGENCIES
1. Contact site safety coordinator to complete Construction Manager’s Accident
Investigation Form.
2. Complete internal subcontractor accident report and ensure Employee reads
and signs entire form.
3. Assure that injured party, or transporter of injured party, verifies contact
information for treating Doctor
4. Following treatment, employee and person accompanying injured should
return to the work site.
5. Foreperson of injured and Construction Manager’s safety coordinator to
review return to work restriction if any are prescribed and complete “Return
To Work” section.
INVESTIGATION
Trade contractor to proceed with Incident Investigation and give report to Construction
Manager’s safety coordinator.
We are aware that you are medically cleared for work with restrictions. The task
requirements of the offered position are within the scope of your current physical
limitations.
You are expected to return to work in the transitional position as described above on
__________________(date) at _________ am/pm. Please report directly to
________________________ at the __________project/site located at
__________________.
A
ny questions regarding this temporary position offer should be directed to ___________
immediately.
Sincerely,
Do not voluntarily admit liability. Cooperate with Construction Manager or the CCIP
Insurer representatives in the accident investigation.
HOWEVER, all accidents occurring in or around the Project site must be reported to
Construction Manager’s Site Safety Manager. Accident investigations will occur and
focus on liability arising out of the Project construction activities that could result in
future claims (i.e. due to the conditions of the roads, etc.). Each Party shall cooperate in
the investigation of all automobile accidents.
Report events that may give rise to a pollution claim by immediately notifying the Site
Safety Manager of any known or suspected pollution incidents. Each Party shall
cooperate in the investigation of all incidents.
x Please see the required information listed below so you can have all the information ready
when you are attempting to enroll.
Subcontractor Name:
Subcontractor Address:
Contact Person:
Contract Value:
Description of Work:
Anticipated Sub-subcontractors:
Please Note: It is the responsibility of the Awarding Subcontractor to ensure that their lower tier sub(s) fill
out, maintain, and file all necessary Wrap-up Enrollment forms and Insurance documentation with the
Wrap-up Administrator. No hired tier sub may commence work until they are properly enrolled into the
Wrap-up program, as evidenced by a Certificate of Insurance provided by the Wrap-up Administrator
FORM – A
CONTRACT ,1)250$7,21 FORM
Section I (QUROOHGDQG([FOXGHG&RQWUDFWRUV
Company Name: Address:
Phone: Fax:
Contact: Email:
Work Description:
&RQWUDFW9DOXH
Is your contract/bid: ȺLump Sum ȺTime & Materials ȺUnit Pricing ȺOther
Estimated Start Date: Estimated Completion Date:
Who are you contracted with?
Note: All your lower-tier subcontractors MUST complete Form A in order for them to
commence work on site. ENROLLMENT IS NOT AUTOMATIC.
Project Site:
First Day on Site: Last Day on Site:
Final Total Payroll: Original Contract Value:
We hereby verify that all contract work, including the work of subcontractors, has been
completed and all on-site payrolls have been submitted.
Signature:___________________________________________________
Print Name:__________________________________________________Date:________________
Signature:_____________________________________________Date:_______________
As per your contract, your final payment may not be released until all payroll has been submitted
and payroll audits are performed, including your subcontractor’s work of every tier.
6DULQD)DQHOOL Email:6DULQD)DQHOOL@alliant.com
$OOLDQW,QVXUDQFH6HUYLFHV,QF Phone:
(DVWWK6WUHHW6XLWH%
1HZ<RUN1<
Before submitting your certificate of insurance for review, please ensure that you have included the
following:
Required Document
ACORD 25 Form made out per Project requirements
General Liability Additional Insured Endorsement CG 2010 11/85
General Liability Per Project Aggregate
General Liability Primary & Non-Contributory Endorsement
General Liability Waiver of Subrogation Endorsement
Auto Liability Additional Insured Endorsement
Workers Compensation Waiver of Subrogation Endorsement
Copies of any Exclusions on policy for any of the following: explosion,
collapse,underground hazards, wrap-up, or project specific, residential
work, or prior work
* Some required documents may or may not be endorsed to the insurance policy, and may be found
in the wording of the body of the policy itself.
The #1 reason that delays insurance approval is no
endorsements / incorrect endorsements provided!
What are endorsements / why are they required to be reviewed as part of the
subcontractor insurance requirements?
All insurance policies have “stock” policy forms that provide the basis or foundation of coverage. Most
policies are then modified via additional pages called endorsements to provide additional coverages
or to limit coverage. These “endorsements” act as an ad hoc method of adding to or deleting
coverage. There are no standard endorsements that apply across all coverages and all carriers.
Additional insured coverage, waiver of subrogation and primary and non-contributory coverage are
often provided via endorsements. Some endorsements will provide adequate coverage, while other
endorsements will provide inadequate coverage. Only by reviewing these endorsements can we
determine if the subcontractor’s insurance meets the contractual requirements.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and
conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
PRODUCER Contact
Name: Agent/Broker Contact Information
Broker/Agent Name & Address PHONE FAX (A/C,
(A/C, No, Ext): No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Insurance Company A
INSURED INSURER B : Insurance Company B
INSURER C : Insurance Company C
Subcontractor Name & Address
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
B
x COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE x OCCUR
POLICY X
PRO-
JECT
AUTOMOBILE LIABILITY
x ANY AUTO
LOC
X
X
PL X
X
Policy Number
Inception
Date
Inception
Expiration
Date
Expiration
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
$
$
$
$
$
$
300,000
5,000
1,000,000
$ 2,000,000
2,000,000
1,000,000
C
UMBRELLA LIAB
X OCCUR
X X
EACH OCCURRENCE $ 5,000,000
EXCESS LIAB Policy Number Inception Expiration
CLAIMS- AGGREGATE $
Date Date
DED RETENTION $ $
WORKERS COMPENSATION X WC STATU- OTH-
TORY LIMITS ER
SA
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
*LOEDQH%XLOGLQJ&RPSDQ\- Contractor Controlled Insurance Program
Designated Project Site: State Office Building Renovations and New Parking Garage; Building: 165 Capitol Ave, Hartford, CT 06033
Parking Garage: 315 Buckingham Street, Hartford, CT 06033
*LOEDQH%XLOGLQJ&RPSDQ\and all contractually required entities (see attached listing) are named as an additional insured per the ISO CG 2010 11/85 endorsement, on a
primary and non-contributory basis, for auto liability, general liability, pollution liabilityLIDSSOLFDEOH , and excess liability. A waiver of subrogation is provided in favor of
all additional insureds on all policies.
Agent/Broker Signature
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
As per written contract or agreement, the following entities and their respective directors, officers, employees, and affiliates are included as additional
insureds:
E
*LOEDQH%XLOGLQJ&RPSDQ\
*LOEDQH,QF
State of Connecticut Department of Administrative Services
Any other entity that the Owner or *LOEDQH may designate.
PL
M
SA
SCHEDULE
Name of Person or Organization:
Gilbane Building Company and any person or organization required to be an additional insured by any
reason of any contract or agreement with Gilbane Building Company.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
SCHEDULE
A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for
obligated to pay as damages caused by "occur- damages or under Coverage C for medical
rences" under Section I – Coverage A, and for ll expenses shall reduce the Designated Con-
medical expenses caused by accidents under struction Project General Aggregate Limit for
Section I – Coverage C, which can be attributed that designated construction project. Such
only to ongoing operations at a single designated payments shall not reduce the General Ag-
construction project shown in t Schedule gregate Limit shown in the Declarations nor
above: shall they reduce any other Designated Con-
1. A separate Designated Construction Project struction Project General Aggregate Limit for
General Aggregate Limit applies to each des- any other designated construction project
ignated construction roj t, and that limit is shown in the Schedule above.
equal to the amount of he General Aggregate 4. The limits shown in the Declarations for Each
Limit shown in the Declarations. Occurrence, Damage To Premises Rented To
2. The Designated Construc i Project General You and Medical Expense continue to apply.
Aggregat Limit is the mos we will pay for the However, instead of being subject to the
sum all damages unde Coverage A, ex- General Aggregate Limit shown in the Decla-
cept damages e of bodily injury" or rations, such limits will be subject to the appli-
"property incl ded in the "products- cable Designated Construction Project Gen-
completed operations hazard", and for medi- eral Aggregate Limit.
cal expenses under C erage C regardless of
the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
The following is added to the Other Insurance (2) You have agreed writing in a contract or
Condition and supersedes any provision to the agreement t his insur e would be
contrary: primary and would not ek contribution
Primary And Noncontributory Insurance from any other in ura available to the
additional insured.
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
SCHEDULE
Gilbane Building Company and any person or organization required to be an additional insured
by any reason of any contract or agreement with Gilbane Building Company.
Information required to complete this Schedule, if not shown above, w be shown in the Declarations.
With respect to coverage provided by this endorsement, the provisions of the erage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered ut Liability Coverage
under the Who Is An Insured provision of the Coverage Form. T is endorsement doe not alter coverage
provided in the Coverage Form.
This endorsement changes the policy effective on the incept on dat of the olicy unl s another date is indicated
below.
Named Insured:
SCHEDULE
(Ed. 4-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
This endorsement ch the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
WC 00 03 13
(Ed. 4-84)
j1983NationalCouncilonCompensationInsurance.
State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000
New Parking Garage CCIP Manual June 30, 2017
Section 00 73 19
January 3. 2017
The safety rules and regulations contained herein are NOT all inclusive. All United States Department of
Labor, Occupational Safety and Health Administration (OSHA) and other legal standards not specifically
referenced in these rules, regulations, and policies shall apply when appropriate. In cases of conflict, the most
stringent rule shall apply.
It is a joint State of Connecticut and Gilbane Building Company policy to provide a safe place to work at all times
and to conduct all operations in a manner as to provide protection for all individuals who might come into contact
with these operations. The Owner's employees, Gilbane Building Company employees, Contractor and
Subcontractor employees, and all others employed on this site, as well as anyone who comes on the site for any
reason during construction, are expected to conduct their work in a safe manner and are required to comply with
established safety programs. By contract, every Contractor on this site is obligated to perform all work in a safe
manner. By contract, every Contractor on this site is obligated to conform to the requirements of OSHA. When
applicable, contractors shall also conform to the requirements of the Federal Occupational Safety and Health act of
1970 (OSHA) and all additions and revisions thereto, as well as other applicable Federal, State and Local
requirements and the State Office Building & New Parking Garage Safety Plan.
All supervisory employees must accept their responsibility for the prevention of accidents and for conducting all
operations under their direction in a safe and efficient manner. The results of our safety efforts will affect our
overall success in constructing the Project. Our goal is Incident and Injury Free work and defect-free quality.
We know this is the most efficient method and that all individuals working on this Project will subscribe to the
Safety Plan. With the cooperation, dedication and assistance of everyone, this will be a successful and safe project.
_______________Amar Shamas___________________
Senior Project Executive
A. DEFINITIONS
1. Contract: A written agreement between the Owner and Gilbane, between Gilbane and a
Subcontractor, between the Owner and Other Contractor(s), or between Other Contractor(s) and its
(their) Subcontractor(s).
2. Contractor: Any company performing work under Contract at the project site.
3. Employer: Any contractor, supplier, or vendor performing work under Contract at the project site.
4. Owner: An entity that has a contract between themselves and Gilbane or, between themselves and
the Contractor.
5. Project: The premises owned by the Owner as described in the contract between the Owner and
Gilbane and/or areas and ways contiguous thereto, including any work sites set up by the Owner
for use by a contractor exclusively for the storage of material or equipment, or for on-site
fabrication of materials to be used on the job site, including temporary locations.
6. Project Description:
a. The project involves the complete gut renovation of the existing State Office Building &
New Parking Garage. The renovation will allow for complete reconfiguring of the interior
layouts to house 900 CT State employees. The project scope includes new windows, doors,
HVAC, mechanical, electrical, fire alarm, fire protection, and telecommunications systems.
The newly renovated building will meet Connecticut’s latest high performance building
criteria. The project also includes the demolition of an existing parking garage and the
construction of a new 1,000 car garage, and the creation of two new park areas on the site.
b. All contractors are reminded that they are working in a tight, urban location. All work must
be carefully planned, communicated and executed to ensure the safety of workers, visitors
and the general public.
The project is located at:
165 Capitol Avenue
Hartford, CT 06106
1) The Owner and Gilbane have a commitment to protect people and property and to
provide a safe working environment. The purpose of this policy is to establish a drug-
free work environment for each worker.
b. Policy
1) The Owner and Gilbane prohibit the use, possession, distribution or sale on the project
2) Workers must not report for duty or perform work while under the influence of any
drug, alcoholic beverage or intoxicant. Workers on the project premises will be subject
to search as provided herein. Applicants and workers will be required to consent to
drug and alcohol testing as provided herein.
3) This policy will apply where state law or regulation and/ or collective bargaining
agreements allow.
c. Definitions - When used herein, the following terms will have the meanings given below:
e. Prescription Drugs
1) Any worker using a prescription drug, which may impair mental or motor function,
shall, as soon as possible, notify their employer (Controlling Employer) who is to
notify Gilbane. For the safety of all workers, the Company may direct the Controlling
Employer to not permit the worker on the project premises until released as fit for duty
by the prescribing physician. The Company reserves the right to obtain a confirming
medical opinion before allowing the worker to return to duty.
f. Worker Testing
1) Pre-assignment Testing as allowed by State law and) employees working under this
agreement and participating in the CAP program shall be subject to the reasonable
cause procedures of that program. The Company will also ask the Controlling
Employer to test workers when a reasonable suspicion exists that the worker has been
using drugs or alcohol. The maximum level of alcohol blood content shall not exceed
0.02g/100 ml blood or equivalent. The Company will administer and coordinate all on
site drug screening and the cost will billed to the Controlling Employer on a quarterly
basis. The cost will be billed at a rate of $40 per test, based on the number of
Controlling Employer applicants tested.
2) Post-Accident Testing (as allowed by State Laws and PLAs). After an accident or
incident, the Company may ask the Controlling Employer to test all those involved.
3) Reasonable Suspicion Testing (as allowed State laws and PLAs). The Company will
also ask the Controlling Employer to test workers when a reasonable suspicion exists
that the worker has been using drugs or alcohol. The maximum level of alcohol blood
content shall not exceed 0.02g/100 ml blood or equivalent.
4) Employees working under this agreement and participating in the CAP program shall
be subject to the reasonable cause procedures of that program. The Company will also
ask the Controlling Employer to test workers when a reasonable suspicion exists that
the worker has been using drugs or alcohol. The maximum level of alcohol blood
content shall not exceed 0.02g/100 ml blood or equivalent.
1) When an applicant submits to pre-assignment testing and passes the required test, he or
she will be eligible for further employment consideration.
2) If the applicant fails the required test, s/he may reapply for employment consideration
after a period of no less than sixty (60) calendar days have elapsed. The Company may
waive this sixty-day waiting period if the applicant completes an acceptable
drug/alcohol rehabilitation program and presents acceptable proof of completion of the
program to the Company Project management personnel. An applicant who fails the
second test will not be considered for employment at the project premises for a period
of no less than one year.
3) All workers who refuse to submit to a drug and alcohol test, or who fail to pass a drug
and alcohol test will be removed from the project premises by the Controlling
Employer and will be referred to their personnel management for disciplinary action.
5) If the points of collection (POC) test results are inconclusive, the applicant will not be
permitted access to the project site, until test results have been verified. If the POC test
results are proven negative, the employee will be paid for the orientation time and will
be paid for the straight time hours for the missed work provided the employee is not
referred to or engaged on alternate work assignment while test results are pending. If
the applicant tests positive he/she will be barred from the project, however the
employee will paid two hours for participating in the orientation.
1) The Controlling Employer will bear the cost of time, transportation, and testing for
workers who are being given drug and alcohol tests.
i. Confidentiality
1) The Company will take steps to maintain the confidentiality of information generated
by the implementation and enforcement of this policy and these procedures.
Disclosure will be made only in appropriate circumstances. The Controlling Employer
shall be responsible for maintaining the confidentiality of all information generated by
the implementation and enforcement of this policy and these procedures for their own
workers. The Company shall have the right to audit compliance with this policy and
these procedures by the Controlling Employer, which shall include access to this
confidential information.
1) The Company and all controlling employers will include the provisions of this policy
and these procedures in their contracts with contractors, suppliers, consultants, agents,
and others involved in providing goods or services on the project premises, and will
require that they do the same with respect to their lower-tier contractors, suppliers, etc.
1) Significant sections of this policy and these procedures will be given to each applicant
and worker upon request.
3) The Company may revise and amend this policy and these procedures as required.
2) If the injured worker refuses to give a specimen of body fluid, the Controlling
Contractor supervisor is to notify the Company. The worker is to be advised, again,
that the refusal to submit to drug screening is a violation of the Project Safety Plan's
drug, alcohol and other prohibited articles safety policy and that refusal will result in
removal from the site.
3) Results of all drug screenings and analyses must remain strictly confidential.
4) Workers must report all injuries immediately to their supervisor, whether the injury
requires medical treatment or first aid only. Late reporting may result in denial of a
claim.
n. If the points of collection (POC) test results are inconclusive, the applicant will not be
permitted access to the project site, until test results have been verified. If the POC test
results are proven negative, the employee will be paid for the orientation time and will be
1)
28. Housekeeping
a. Debris and other loose materials shall not be allowed to accumulate in stairwells.
b. Containers shall be provided for the collection and separation of waste, trash, oily and used
rags and other refuse. Metal (dumpster type) containers must be used and emptied promptly.
c. Garbage, debris and other waste shall be disposed of on a continuous basis. Work areas
shall be clean and organized.
d. Contractor shall notify Gilbane of any hazardous waste it will generate during performance
of the Work. Contractor has the direct responsibility of maintaining proper storage of these
wastes while on site and will verify to Gilbane in writing that the wastes have been disposed
of in a legal manner. A copy of the haulers manifest must be provided to Gilbane.
e. Contractor shall not pour, bury, burn, nor in any way dispose of a chemical on the work
project site.
f. Contractor shall clear all combustible debris to a solid waste disposal project site properly
licensed under the laws of the State having jurisdiction. NO OPEN BURNING OF DEBRIS
OR RUBBISH WILL BE PERMITTED ANYWHERE ON THE PROJECT SITE.
g. Materials and supplies shall be stored in locations which will not block access-ways, and
arranged to permit easy cleaning of the area. In areas where equipment might drip oil or
cause other damage to the floor surface, a protective cover of heavy gauge, flame resistant,
oil proof sheeting shall be provided between the equipment and the floor surface sheeting so
that no oil or grease contacts the concrete. This requirement is applicable to both finished
and unfinished floors.
h. All hoses, cables, extension cords, and similar materials shall be located, arranged and
grouped so that they will not block any access-way and will permit easy cleaning and
maintenance.
i. All materials delivered to the site shall be labelled by color code, bar code or QR code.
j. All materials shall be placed in carts, racks or other wheeled devices to allow easy
movement and prevent the accumulation of loose materials.
29. Incentives and Awards
a. Safety awareness and recognition campaigns during construction will include the posting of
banners, posters and signs emphasizing safety awareness, the proper use of safety equipment
REGION: 11 PROJECT NUMBER: J0693.000 PROJECT NAME: State Office Building & New
Parking Garage
Activity / Operation List unsafe condition(s), unsafe How the activity can be done
action(s) or potential hazards safely (Correcting items in
column to left)
___________________________ ______________________________
Safety Representative Foreman
Description of Work:
Contractor performing hot work will arrange to inspect area 2 hours after stop time.
Signature: Signature:
Company: Company:
___________________________ ______________________________
Safety Representative Foreman
Date Time AM PM
Project Number Project Name
Weather Dig Safe Contacted Yes No
Log prepared by (Name-Print) Signature
Competent Person
Trench depth ft Trench width ft. Trench length ft.
Protective System Trench shield Sloping Shoring Other
Purpose of Trench Drainage Sewer Water Gas Utility Other
Were Visual soil tests made Yes No
If yes, what type ?
Were Manual soil tests made Yes No
If yes, what type ?
Type of soil Stable rock Type A Type B Type C
Surface encumbrances Yes No
If yes, what type ?
Water Conditions Wet Dry Submerged
Hazardous atmosphere exists Yes No
If yes, follow confined space entry procedures and permit and monitor for hazardous atmospheres
Is ladder within 25 ft. of all workers Yes No
Are employees exposed to vehicular traffic Yes No
Is excavated material stored 2 ft. or more from edge of trench Yes No
Are Utilities protected Yes No
Are all employees trained in the recognition and avoidance of hazards Yes No
Periodic Inspections
1. AM / PM 2. AM / PM 3. AM / PM
4. AM / PM 5. AM/ PM 6. AM / PM
Witness #1
Witness’s Name: _______________________ _________________ ____
Last First MI
Witness #2
Witness’s Name: _______________________ _________________ ____
Last First MI
Witness #3
Witness’s Name: ______________________ ________________ ____
Last First MI
Description of Accident_________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Activities & Other Factors Involved When Injury Occurred: (circle all applicable):
01 Absorbing 14 Inadequate Checkouts
02 Alarm, Safeguard Bypassed 15 Inadequate Facilities
03 Awareness 16 Inadequate Follow Up
04 Chemical Involvement 17 Inadequate Job Knowledge
05 Climbing 18 Inadequate Monitoring
06 Communications 19 Judgment
07 Equipment not in Motion 20 Operating of Equipment / Valves
08 Equipment in Motion 21 Personal Safety Equipment Related
09 Faulty Equipment 22 Poor Housekeeping
10 Hose Involvement 23 Pre-existing Conditions
11 Improper Methods 24 Procedure Violation
12 Improper Procedures 25 Temperature Extremes
13 Improper Tools / Equipment 26 Steam Tracing
14 Incomplete Work 27 Other _________________
Was this accident a direct result of not following accepted safety practices & industry standards?
Yes No ----- If YES, circle PRIMARY Contribution Factor:
01 Execution 03 Knowledge 05 Planning 07 Other
02 Human Error 04 Mechanical 06 Procedure
Severity Potential: Minor Serious
Disposition: Regular Work ___ Restricted Work ____ Lost Time ____ Hospital ____
Number of Restricted Work Days: _______ Return to Regular Work On: ___________
Number of Lost Time Work Days: _______ Return to Light Duty Date: _____________
__________________________________________
__________________________________________
Please investigate your employee’s injury or illness & indicate actions taken to prevent recurrence:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
CONSENT FORM
Date:__________________ Contractor/Subcontractor:_______________________________
Have you worked on the State Office Building & New Parking Garage since ______________?
As an Applicant:
I hereby consent and agree to give specimens of my urine to the designated facility. These specimens
shall be used to detect the presence of drugs in my biological system. I further consent and agree that the
results may be furnished to the Construction Manager by the testing facility, and the Construction
Manager may inform the contractor, and any Union hiring hall which may have referred me, of my
Pass/Fail results.
In the event I am involved in a work related accident or incident, and there is reasonable cause to suspect
that there is a drug or alcohol problem involving me, and the requirements of the substance abuse
prevention agreement have been met, I hereby agree to give specimens of my urine (or submit to a breath
alcohol test) to a hospital or other designated facility (or Breath Alcohol Technician). These specimens
shall be used to detect the presence of drugs (or alcohol per Program limits) in my body. The testing
facility is authorized to release the results of such tests to the Construction Manager. My signature below
acknowledges that I have read and understand the foregoing statements and consents given herein.
_________________________ ___________________________
Witness signature Applicant/Employee’s signature
_____________ ________________
Date Date
PURPOSE - To aid in the prevention of hand and finger injuries when performing construction
operations.
OBJECTIVES:
1) To ensure hand protection is used in situations where there are known hazards present.
2) Identify specific areas which historically have caused injuries.
3) Establish mandatory guidelines for the use of hand protection.
SCOPE
This procedure identifies specific situations which require the use of hand protection, but is not meant to
be all inclusive. Other situations not identified in this document should be identified/reviewed during
pre-task planning. Gloves should be worn for hand protection in any situation where exposure to hazards
exist.
PROCEDURE
1) Mandatory Hand Protection While Working
a) When metal materials with sharp edges are being handled such as:
i) Handling or working around sheet metal siding, roofing, etc.
ii) Metal unistrut materials and all thread rods
iii) Handling or working around tie-wire
iv) Handling metal floor grating
v) Handling wire rope during rigging operations
vi) Handling or working around metal studs
vii) Handling of metal duct work
b) Cutting operations involving hand-held, non power-operated cutters:
i) Using hand-held tubing cutters for cutting metal and hard plastic-type piping
ii) Using hack saws for cutting metal
iii) Using cross-cut saws for wood cutting
c) Handling of wood materials:
i) Placing plywood sheeting on floors, scaffolds, etc.
ii) Unloading and loading wood of any type
iii) Moving and transfer of wood
d) Concrete operations where hands are exposed:
i) Power and hand troweling operations
ii) During the cleaning of chutes used for delivery of concrete
iii) During concrete removal operations
e) During the use of utility knives or exacto knives:
i) Cutting sheet rock
ii) Trimming wire sheathing or other stripping operations
iii) Cutting insulation
Purpose:
The purpose of our Injury Management & Return-to-Work Program is to provide direction for our
Specialty contractor supervisors to assist their injured employees in early rehabilitation of their injury and
faster return to the full-duty work force without jeopardizing medical recuperation.
The following procedures provides direction for Contractor supervisors to follow for an effective and
efficient Return-to-Work Program that meets State laws in Workers' Compensation, as well as
discrimination laws for accommodation of handicapped persons.
Modified duty jobs are designed for injured workers only. They are temporary alternatives for full-duty
work. A time limit of six (6) weeks should be considered maximum for this assignment. An evaluation
of the employee's medical condition on a bi-weekly basis and extension of the modified duty assignment
will be on a case-by-case basis. If the employee cannot be released to full-duty status, the modified duty
job is re-evaluated and a determination made regarding the need to refer the employee for rehabilitation
services.
Good injury management practices can save injured employees money and jobs, reduce insurance costs to
employers, and maximize the productivity of the project.
o For life threatening and serious injuries or debilitating medical conditions (disabling and
traumatic injuries, such as those associated with seizures, dizziness, unconsciousness, severe
bleeding, severe burns, shock, etc), 911 shall be called and EMS shall transport the injured
to the nearest Hospital.
o For minor injuries requiring ‘first aid’ treatment, as defined below (example: for minor
strains, pain, lacerations and burns), injured workers shall be accompanied by their
Supervisor and, if possible, a Gilbane Superintendent or Safety manager for treatment to the
designated Occupational Clinic.
Each Contractor of any tier is responsible for implementing this Injury management and Return-to-Work
Procedure on the project. Work that is assigned to their injured employees must be within the physical
restrictions specified by the physician. If the medical release is unclear, please contact the physician and
review with Contractor's own insurance company administrator and Gilbane Superintendent or Safety
Manager.
Modified duty jobs are designed for injured workers only. They are temporary alternatives for full-duty
work. A time limit of six (6) weeks should be considered maximum for this assignment. An evaluation
of the employee's medical condition on a bi-weekly basis and extension of the modified duty assignment
will be on a case-by-case basis. If the employee cannot be released to full-duty status, the modified duty
job is re-evaluated and a determination made regarding the need to refer the employee for rehabilitation
services.
Procedures Following an Injury
According to OSHA Recordkeeping regulation 1904.7(b)(5)(ii), a "first aid" means the following:
A First Aid Injury is an injury that requires a single first aid treatment and a follow up visit for
subsequent observation involving only minor injuries, for example minor scratches, burns, cuts and so
forth, which do not ordinarily require medical care, and for which the person would typically return
immediately to their normal activities. Such treatment and observation is considered first aid even if it is
administered by a physician or registered medical professional.
The following are typical examples of diagnostic/preventive procedures that may also be
classified as a First Aid Injury:
Injury Reporting:
Workers; Report all injuries to your Supervisor immediately and comply with project requirements for
injury treatment, and provide physicians treatment recommendations related to prescriptions or limitations
that could affect your work assignment to your Supervisor.
*Only fatalities occurring within 30 days of the work-related incident must be reported to OSHA.
**In-patient hospitalization, amputation or loss of an eye, must be reported to OSHA only if they occur
within 24 hours of the work-related incident.
Employers reporting a fatality, in-patient hospitalization, amputation or loss of an eye to OSHA must
report the following information:
Establishment name
Location of the work-related incident
Time of the work-related incident
Type of reportable event (i.e., fatality, in-patient hospitalization, amputation or loss of an eye)
Number of employees who suffered the event
Names of the employees who suffered the event
Contact person and his or her phone number
Brief description of the work-related incident
Resulted from a motor vehicle accident on a public street or highway, except in a construction work
zone; employers must report the event if it happened in a construction work zone.
Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, street car,
light rail, train).
Occurred more than 30 days after the work-related incident in the case of a fatality or more than 24
hours after the work-related incident in the case of an in-patient hospitalization, amputation, or loss of
an eye.
Employers do not have to report an in-patient hospitalization if it was for diagnostic testing or observation
only. An in-patient hospitalization is defined as a formal admission to the in-patient service of a hospital
or clinic for care or treatment.
Our employee, , is currently unable to perform the work required for his or her regular job. We do
have a temporary position that I have outlined for your reference.
Job Tasks:
Work Shift: – ,
____
____
____
____
______________________________________________________________________
Employer’s Signature [Company name] [Address]
COMMENTS:_________________________________________________________________
____________________________________ _________________
Doctor’s Signature Date
Cc: Injured worker:
Cc: Attorney, if appropriate:
PREVAILING WAGES
Prevailing wage rates have been requested and will published in accordance with the requirements set forth in Connecticut
General Statutes §31-53, §31-53a, and Public Act 05-50.
Annual Adjustments of Wage Rates will be as required per Section 31-55a C.G.S.
See Gilbane Project Manual Section 00 21 13 General Instructions To Bidders, subsection 21 Payrolls for additional
information.
Between the
CONNECTICUT CONSTRUCTION
INDUSTRIES ASSOCIATION, INC.
AND THE AGC/CCIA
BUILDING CONTRACTORS
LABOR DIVISION OF CONNECTICUT, INC.
and the
UNITED BROTHERHOOD
OF
CARPENTERS AND JOINERS OF AMERICA,
NEW ENGLAND REGIONAL COUNCIL OF CARPENTERS,
LOCALS 24, 43, and 210
1
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
TABLE OF CONTENTS
2
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
AGREEMENT
Between the
CONNECTICUT CONSTRUCTION
INDUSTRIES ASSOCIATION, INC.
and the
AGC/CCIA BUILDING CONTRACTORS
LABOR DIVISIONS OF CONNECTICUT, INC.
and
This AGREEMENT, is made and entered into on this first day of May, 2014 by and between the
CONNECTICUT CONSTRUCTION INDUSTRIES ASSOCIATION, INC. and the AGC/CCIA
BUILDING CONTRACTORS LABOR DIVISION OF CONNECTICUT, INC. (hereinafter referred to as
the "Association"), acting for and on behalf of those members it has been authorized and agreed to represent
as listed in Schedule A attached hereto and who hereafter authorize the Association to represent them and
such other Employers who assent to its provisions by signature thereto (each of which being an "Employer"
as hereinafter defined and referred to herein as such) in their dealings with the United Brotherhood of
Carpenters and Joiners of America, New England Regional Council of Carpenters, Locals 24, 43, and 210
(hereinafter referred to collectively as the "Union"). Prior to negotiations a current list of members of the
Association who have authorized the Association to represent them will be furnished to the Union. The
Union may for good cause, as defined in Article I, Section 3(a), object to the addition of an Employer to the
bargaining unit, but if it does, the Union shall not thereafter sign that Employer to an independent
agreement.
PREAMBLE
SECTION 1.
The purpose of this Agreement is to determine workers may have as much continuous
the hours, wages, and other conditions of employment as possible, and to establish the
employment, to adopt measures for the necessary procedures for the amicable
settlement of differences, to maintain a settlement of all disputes which may arise
cooperative relationship so that the Employers between Employers and employees.
may have sufficient, capable workers and the
3
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION 2. does not thereafter sign that Employer to an
The following terms and conditions relating to independent agreement. Good cause shall
the employment of workers covered by this include, but not be limited to any contractor
Agreement have been decided upon by means who is presently delinquent to the funds or is
of collective bargaining and will be binding or was a principal in a company that is still
upon the Employer and the Union during the delinquent in the payment of fringe benefit
term of this Agreement and any renewal contributions to any New England Regional
thereof. Council of Carpenters affiliated fund, or who
operates or has operated an unlawful double-
SECTION 3. breasted company in the past year, or who has
The conditions of this contract are separate been previously terminated by the Union, or
and apart from any and all contracts, and the who does not employ carpenters while
breach of this contract by any Employer will performing work covered by New England
neither be imputed to nor cause any other Regional Council of Carpenters agreement.
Employer to be responsible therefore.
SECTION 3 (b).
Neither the Employer nor the Union will be a
ARTICLE I party to any plan, scheme, or device intended
RECOGNITION to circumvent or defeat any provision of this
Agreement.
SECTION 1.
The Association, on behalf of those Employers SECTION 3 (c).
listed in Schedule A, and herein defined, No Employer shall for the purpose of
recognizes and acknowledges the Union, its avoiding, evading, or circumventing the tenns
duly authorized agents, representatives or of this Agreement transfer any of the
successors, as the exclusive bargaining agents operations now in effect to any existing
for all of the Carpenter employees of such corporation or to any new organization or
members who are employed by the Employer entity created by merger, consolidation or
at all of its establishments or sites of work splitting off from the existing entity to perform
within the Scope and Territorial Application the same work as the Employer now performs
ofthis Agreement. within the scope of employment covered by
this Agreement. If the Union claims that any
SECTION 2. such transfer by an Employer was made for
The term "employee" as used in this the purpose of circumventing, avoiding, or
Agreement shall mean all and any employees evading the terms of this Agreement, the
who perform work for the Employer within Union shall have the right to submit such
the scope of this Agreement, including claim to arbitration as defined in Article XXI.
carpenters and joiners, floor layers, pile The Arbitrator shall have the authority to
drivers, underpinners and timber workers, determine whether such transfer was made for
shorers and divers and diver tenders, whether the purpose of circumventing, avoiding, or
employed on a building or heavy and highway evading the provisions of this Agreement. If
project. the Arbitrator determines that the Employer
violated the terms of this provision, then the
SECTION 3 (a). new organization referred to above may be
The term "Employers" as used in this deemed an Employer within the terms of this
Agreement shall mean those members of the Agreement and bound by the provisions
Association listed in Schedule A at the time hereof from the date of its creation.
this Agreement is executed and any Employer
who joins hereafter and authorizes the SECTION 4.
Association to represent them for and during The Employer agrees not to enter into any
the term of this Agreement for those agreement with his/her employees,
employees represented by the Union, except, individually or collectively, nor negotiate or
if the Union for good cause objects to having a bargain with them, unless it is through the
signed Agreement with that Employer and duly authorized representatives of the Union.
4
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
There shall be no individual agreements with definition shall also cover all carpentry work
employees covered by this Agreement and any on energy efficient retrofit projects on existing
such agreements shall be null and void. residential structures.
5
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Prefabs or constructs forms for footing or wall and footing forms, flat arch, forms of all
foundations, of houses, buildings, structures of types of construction.
all descriptions, whether made of wood, metal,
plastic or any other type of material, erects The unloading and distribution of the
structural parts of a house, building or following material regardless of truck size,
structure made of wood or any other substitute placing into a stockpile and from the stock pile
such as plastic or composition material, puts to the point of erection. Sheet rock or any
together roofs, partitions, fabricates, or erects type of wallboard, metal or wood studs, any
forms for decking or other structural parts of and all type of ceiling tile, grid system, metal
houses, buildings or any structure, and or wood doors, metal or wood door bucks,
dismantles all forms. Fabricates, erects and carpet or floor tile and its adhesive. Cabinets
dismantles false work and the setting or or office equipment whether crated, boxed or
dismantling of forms or gang forms to the blanketed.
extent provided by area practice. Fabricates
and/or sets all templates, including anchor The erection and dismantling of self-
bolts necessary for structural members or supporting scaffolds over 14 feet in height
machinery and places and/or levels these bolts. from the ground up, all multi-craft scaffolds
All concrete forms whether wood, metal, and specially designed scaffolds, as per
plastic or any other composition built erected decision of record April 28, 1920, in Plan for
and stripped by hand, or crane, including any Settling Jurisdictional Disputes in Green
signaling by hand or radio. Book.
The joining together of all types of concrete Builds, erects and dismantles wood
forms, whether of wood, metal, or scaffolding and self supporting scaffolding,
composition material, such as the assembly builds and constructs wood derricks, makes
and erection of metal bin walls. mortar boards, boxes and trestles, puts in
needle uprights, shores building, razed, where
The setting, plumbing, bracing, rigging and wood materials are salvaged, and moves
stripping of all types of forms excluding metal building. Fits, installs, and fastens stops,
forms for concrete pavement. beads and molding in wood, plastic and
aluminum doors and windows, frames all false
The fabrication and assembly of any gang work, wood derrick and hoists, travelers and
forms by the Employer or a subcontractor all lumber or material used in the building and
shall be performed by employees covered by construction industry, puts on all hardware,
this Agreement or employees covered by puts up interior and exterior trim for finish
another collective bargaining agreement with wood. Hangs, sets and installs wood, metal,
an affiliate of the United Brotherhood of plastic or any other wood substitute material,
Carpenters. This excludes patented forms such all types of jambs, bucks, casing, moldings,
as economy forms, Symons forms, Blaw Knox chair rails, mantles, base or mop boards,
and architectural forms. wainscoting, furniture, china closets, kitchen
cabinets, wardrobes and installs bowling
Frames in connection with the setting of metal alleys.
columns, sets all forms, centers, stairs, and
bulkheads, fabricates and sets screeds and Dry Wall Construction - Installs, erects and/or
stakes for concrete and mastic floors where the applies all materials and component parts and
screed is notched or fitted or made up of more corner beads, nailed and/or crimped, of dry
than one member, makes and sets all forms wall construction, regardless of their material
used in concrete work, and installs all types of composition or method or manner of their
expansion joints excluding expansion and installation attachment or connection,
contraction joints in concrete pavement. including but not limited to the following
items: all floor and ceiling runners, studs,
Strips all concrete forms at a safe distance stiffeners, cross bracing, fireblocking, resilient
from columns beam sides, and beam bottoms, channels, furring channels, doors, and
windows, including frames, casing, molding
6
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
base, accessory trim items, gypsum dry wall with any material including combined or faced
materials, laminated gypsum systems backing with metal, regardless of the manner attached.
board, finish board, fireproofing of beams and
columns, fireproofing of chase, sound and Handles fixtures, trim and other finished
thennal insulation materials, fixture material erected by carpenters. Erects
attachments, including all layout work, porcelain enamel panels, and glass wall
preparation of all openings for lighting work panels. Assembles and sets all seats in
in connection therewith. theaters, halls, churches, schools, banks,
stadiums, open air theaters and other
Builds and erects wood stairs, store, office, buildings, installs wood, metal and plastic
bank and other fixtures, shelving, racks, comer beads, performs carpentry work in
whether of wood or other material, makes and conjunction with fabricating and erecting of
fits screens, puts on weather-strips and concrete distributors used in erecting buildings
caulking. Installs laboratory equipment, or fireproofing floors or for pouring concrete
including cabinets, work benches, bookcases building, builds and repairs coal pockets,
and cabinets, black boards, bulletin boards, breakers, washers, tipples, sets forms for
meter boards of all types. sidewalks, light bases, curbs and gutters, and
welds and bums incidental to carpentry.
Cuts and supplies all furring in conjunction
with carpentry work, makes and fastens wood Manufactures and erects cooling towers and
brackets for metal ceilings and sidewalls, tanks with the exception of metallic towers
erects all wood furring for comices and puts and tanks. Installs wood, plastic or metal
on all wood grounds for plaster or cement awnings, doors, shelters, marquees and
finish. jalousies. Installs draperies and curtains.
Applies acoustic tile, whether glued or nailed,
Installs moldings made of wood, metal, plastic acoustical suspended ceilings and insulation,
or composition, makes cuts for pipes through including fiber glass, rock wool, styrofoam,
floors, joists or partitions composed entirely or whether nailed, clipped, glued or blown.
in part of wood or other material erected by
carpenters. Any and all work related to clean-room work
including the following: dismantling of clean-
Milling, fashioning, JOmmg, assembling, room wall panels, track, and door units;
erecting, fastening, or dismantling of all removal of UPLA filter units, sheet metal
materials of wood, hollow metal, or fiber, or plenum dividers, and ceiling grids; Unistrut
of products composed in part of wood, hollow supports, access flooring, and sheet rock walls
metal, calamine, or fiber. within the clean zone; sheet metal and
aluminum wall panels below the access floor,
Installs all framework partitions and trim between the floor and ceiling system, and
material for toilets and bathrooms regardless above the ceiling system to the deck; all doors,
of material or method of attachment, erects frames hardware, and glazing; all ceiling grid
and installs Stran Steel or other similar system components, including primary hangs
material, cuts and hangs all lumber or other of Unistrut, welded grid frames, fluid seals,
material between girders and joists for filter units, and all components inherent to the
fireproofing or concrete centers, installs all ceiling system; access flooring, vinyl tile
lockers of any material, sets and hangs sash, flooring, and carpet, and all cleaning in the lab
doors, inside and outside, blinds, windows, will be done by trained carpenters
and other frames, erects or applies all shingles, knowledgeable of the system being serviced.
siding, (including alucobond, All-Stay and
similar types of panels) wallboard or sheets Carpenters may be assigned fire
composed of wood, wood pulp, plexiglass, stopping/smoke sealing of all penetrations,
structural glass, flex-o-glass, and all other joints, gaps, and openings in fire-rated
glass, plastic, plaster transite or composition construction, whether with sealants,
materials or any combination of the above mechanical devices, dry-mix compounds,
7
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
tapes, pillows, and regardless of backing SECTION 3. Piledrivers
material used. All terms of this Agreement shall apply to pile
drivers, plus the following:
Fire stopping/smoke sealing is the installation
of single material or combination of materials Sub-Section I.
used to create a fire-stop system or assembly The term "Pile Driver" shall apply to the
capable of preventing the spread of heat, fire construction, adding to, renovating or
gasses or smoke through an opening in a wall remodeling of buildings and structures,
or floor. The fire stop system or assembly highway, railroad construction, bridge work,
refers to all the necessary components in the dock, wharf building work, all work on public
approved fire-stop design, which can include, highways to the extent that the work listed
but is not limited to the penetrant size, annular below is involved:
space, sealant depth, joint width, etc.
(a) The driving and pulling of piles, whether
The unloading, handling, setting, and of wood, concrete, steel, composition or
connecting together of self-service refrigerated molded in place. All assembly and placement
and frozen food display cases, walk-in coolers, of sheeting, caissons and slurry walls. In
and freezers regardless of material. mucking out cofferdams and trench work
where sheet piling is used, a pile driver
All cutting of timber and hanging of rough signalperson must be used as a lookout where
lumber between girders and joists and beams, pile drivers are working within.
including timber lagging, falsework and
timber or other sound barrier erection, and all (b) All piles in foundation and in connection
forms used in concrete work excluding placing with building work, highway, railroad
and removing of protective false decking to be construction, bridge work, dock, wharf
used solely for demolition. building work, all work on public highways
and all steel and concrete sheeting, H-beams,
Erection of sound barriers. This shall include driving and pulling of same, loading and
the setting, bracing, plumbing, cutting, nailing, unloading, handling and burning off, cutting
erection and construction of sound barriers. and cutting off, lining, capping, bracing of all
piles, of all cradles and inclines of timbers
Segmental Concrete - Including but not where piling is used, whether of wood, steel,
limited to the forming, stripping, moving and concrete, composite or molded in place, taking
handling, rigging, loading and unloading, soundings and sinking of all wood, steel or
erecting, setting, leveling, connecting and concrete piling or sheeting whether temporary
shoring. or permanent. Caissons, whether drilled or
driven, excluding dug in caissons, shall be
The Employer may also assign employees constructed by pile drivers and handled in the
covered by this Agreement to any work that is same manner as pile driving.
a part of or integral to any structure being built
under the terms of this Agreement, including (c) The erection of and rigging, dismantling,
but not limited to the following: operation of handling and modification of all equipment
powered tugboats and towboats, small pertaining to pile driving is to be performed by
powered boats and personnel boats; the pile drivers; also all burning and welding
loading and unloading and stockpiling of involved.
carpenter materials and structural members;
erection of all precast segmental members on (d) The handling of pile driving machines on
bridges, (excluding precast box culverts); site of work and in storage yards, the handling
precast and steel erection; erecting piers and of all derricks and pile driving machinery from
marine work; and pre-cast concrete walls. railroad yards, storehouses, and to and from
All welding and buming connected with jobs must be performed by pile drivers.
carpentry work as defined herein.
(e) The setting, bracing, driving, cutting of or
extracting of all bulkheads, sheathing,
8
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
cofferdams and caissons, regardless of unloading, handling and burning off, cutting
compositiOn and requiring the use of power and cutting off, lining, capping, bracing of all
equipment. All work pertaining to earth piles, all cradles and inclines of timbers where
retention and earth stabilization, consisting of piling is used, whether of wood, steel or
but not limited to soil nailing systems, earth concrete, composite or molded in place.
anchoring, tie backs, rock anchoring, the Sinking of all wood, steel or concrete piling or
cutting and placing of all lagging and contact sheeting whether permanent or temporary and
sheathing, the handling, stressing, cutting, and taking soundings in connection with this work.
bolting up of all tendons, douie dag bars and Caissons, whether drilled or driven, shall be
their related equipment, as well as all fabricated by pile drivers and handled in the
underpinning, shoring, and bracing. same manner as pile driving.
Fabrication on site, laydown areas, or yards All driving work required in connection with
whether in close proximity to the jobsite or not any erection or dismantling of any piles,
will be done by the pile driver, such as cutting, caissons, piers, and wharfs.
burning, welding, grinding, drilling, bolting or
other related tasks needed in fabricating, The cutting, setting, hanging of timber, rough
splicing or assembling. or finish lumber between girders, beams, H -
beams or whalers, with respect to all timber
The positioning, placing and pouring of lagging and falsework.
concrete, sand or stone into pipe piles, shell
piles and monotube piling by any method, All on site repair and maintenance of augur
(including truck, crane bucket or pump), shall and drill bits, such as sharpening, welding,
be the jurisdiction of the pile drivers. dress welding, etc., provided members of the
pile driving crew are qualified and available to
(f) The operation of a sand drain rig, including do this work.
erection thereof and rigging, dismantling and
all burning and welding involved. The Employer may also assign employees
covered by this Agreement to any work that is
(g) In pile driving, the quick-action valve or a part of or integral to any structure being built
button not located on the rig or within the under the terms of this Agreement, including
reach of the operator or on the compressor but not limited to the following: operation of
shall be operated by pile drivers covered by powered tugboats and towboats, small
this Agreement. powered boats and personnel boats; the
loading and unloading and stockpiling of
(h) All welding and burning connected with carpenter materials and structural members;
Pile Driving work as defined herein. erection of all precast segmental members on
bridges, (excluding pre-cast box culverts);
All branches of bridge, dock, and wharf precast and steel erection; erecting piers and
building; the driving and pulling of piles on marine work; and pre-cast concrete wall.
the foregoing and on public highways and
bridges, whether of wood, concrete, steel, Sub-Section 2.
composite or molded in place. In mucking out Not less than three (3) journeypersons and a
cofferdams and trench work where sheet foreman shall constitute a crew for a land rig,
piling is used, a pile driver signalman must be and not less than four (4) journeypersons and a
used as a lookout when pile drivers are foreman on a water rig. There shall be no
working within. limitation as to the number of rigs assigned to
a crew, but no crew shall drive piles on more
All piles in highway and railroad construction, than one rig at a time. All pile drivers will be
bridge work, dock and wharf building work, under the direction of a pile driver foreman.
and all work on public highways, steel and
concrete sheeting, H-beams, driving and Sub-Section 3.
pulling of same, excluding wood sheets driven The crew requirements in Sub-Section 2
with a hand-held hammer, loading and herein above shall not apply on redrive or
9
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
sheeting work where the sheets are 30 feet or Sub-Section 2. Working Hours
less in length. A minimum of eight (8) hours pay shall be
guaranteed. The regular work day and
Sub-Section 4. overtime provisions, and holidays shall be the
In the event difficult pile driving conditions or same as that set forth in Articles X and XI of
unusual circumstances are encountered or the this Agreement, excepting that actual diving
utilization of new equipment such as the time shall not exceed eight hours in any one
movax, the Employer may use less than the shift. The dressing and undressing of the
crew requirements specified in Sub-Section 2 diver, set up and stowing away of gear will be
herein above, if approved by a Council done during work hours.
Representative and approval shall not be
unreasonably withheld. Sub-Section 3. Depth Limitation
Divers' time at all depths exceeding forty (40)
Sub-Section 5. feet shall be governed by the United States
When working on the water, the time shall Navy Standard Decompression Table (using
commence when such person reports to the compressed air) using the optimum exposure
site or leaves the dock on company equipment, time as found in Manual Navy ships No. 250-
whichever is earlier, and ends upon returning 538. All safety precautions shall be observed
to the dock or site, whichever is later. in connection with this Manual. All diving
operations will be carried out under one or
Sub-Section 6. more of the appropriate guidelines as required
Where test piles are driven and pile load tests by any of the following agencies as per the
are performed, which require readings around following publications (It is at the Employer's
the clock, the shift provisions of Article X, discretion to determine which of these are
Hours of Work, Section 7, shall apply, and the used): U.S. Navy Diving Manual, Canadian
Employer shall schedule the hours as Forces Air Diving Tables, O.S.H.A. - Part
equitably as possible. 1910 Subpart T - Commercial Diving
operations 1910.401 through 1910.441, U.S.
Sub-Section 7. Coast Guard subchapter V-marine
The Employer shall pay the cost of all welding occupational safety and health Standards part
tests for current employees, and applicants 197 - General Provisions Subpart B -
when certification is required on the job. Commercial Diving Operations section
197.200 thru 197.488, Army Corps Of
SECTION 4. Divers Engineers Diving Manual, Consensus
All terms of the Agreement shall apply to Standards For Commercial Diving Operations
diving work and the following: As Published By The Association Of Diving
Contractors, Inc.
Sub-Section I.
The following work (new and old work) is Sub-Section 4. Decompression and
claimed by submarine divers represented by Recompression
the Union. Submarine diving and all of its A decompression chamber shall be kept on the
branches, such as construction, reconstruction, job by the company at the request of the divers
repairing, inspecting, removing, and when the depth exceeds seventy-five (75) feet.
recovering of all objects below water surfaces, Time required for decompression after the
requiring the use of any type of diving regular shift shall be paid for at the ovettime
apparatus, including Remote Observation rate. The Tender shall stand by while the
Vehicles (R.O.V.), Autonomous Underwater diver is in the decompression chamber, and
Vehicles (A.U.V.), Atmospheric Dive Suits such time shall be considered time worked.
(A.D.S.) and robotic underwater tools or The Diver shall have sole opinion as to
equipment which displaces an actual diver (no whether a long or short form of recompression
minimum crew). is used.
10
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Sub-Section 5. General Rules: Sub-Section 8. Handling of Equipment
(a) Under all diving conditions the The handling and maintenance of any diving
reasonable judgment of the diver shall be equipment on site of work and in storage yards
accepted regarding the length of time spent must be performed by divers or tender.
under the water and the hours that can be
worked with safety. All welding and burning connected with
(b) The diver shall have the right to select diving work as defined herein.
his/her own tender.
(c) The diver shall be consulted when SECTION 5. MILLWRIGHTS
working in deep water as to how many dives The Eastern Millwrights Regional Council
he/she can make in a working shift. Local I I 2 I has jurisdiction of every city and
(d) A suitable shelter, properly heated, town in the State of Connecticut. All of the
lighted and ventilated shall be provided for the terms of this Agreement shall apply to
diving crew. Millwrights, plus the following:
(e) The diving crew shall not perform any
work, during a diving shift, outside of actual Sub-Section 1.
diving, decompression and care and The term "Millwright" and Machinery
maintenance of diving equipment, except for Erectors shall mean the unloading, hoisting,
unforeseen emergencies. rigging by any means, transferring, moving,
(f) The Employer shall furnish all tools, cleaning, disassembling, assembling, welding,
equipment and gear. Divers may rent their burning, erecting, calibrating, aligning,
gear to Employers. starting-up and testing, adjusting, repairing,
(g) The diver shall be given the option of and the maintaining of all machinery and
utilizing company provided dive equipment at equipment, be it powered by, or receiving
his/her own discretion. If the Diver's own power from, steam, gas, gasoline, diesel, jet,
equipment is used, it must be inspected and electric, pneumatic, water, solar, thermal,
approved prior to use by the on-site dive mineral, atomic, rocket, nuclear, chemical,
supervisor or other company assigned person. wind or any other source, regardless whether
temporarily or permanently installed or
Sub-Section 6a. Effluent Diving located and shall also include the following
The Employer shall provide adequate time and work:
materials for proper decontamination of
equipment and personnel. Although some components of machinery
and/or equipment may be described in one
Sub-Section 6b. Slurry Diving application or location and not in another, it
Slurry diving will only be done when the shall not be excluded from our autonomy
Diver is adequately protected from a cave in when, to avoid repetition, it is not described in
or wall collapse. There shall be a stand-by other applications.
Diver and Tender on site during all such Dive
operations with necessary equipment to safely Some of the locations in which you may find
facilitate the rescue of a trapped diver. machinery, equipment and their components
Depth/Decompression schedule will be are: woodworking, canning, food, and
determined by the diver's pneumo reading. computer industries, steel, metal, plastic, and
glass manufacturing or recycling plants,
Sub-Section 7. Divers Tenders foundries, ore reduction plants, stamping
Tenders shall receive the prevailing dock facilities, coffee roasting plants, paper,
builders wage rate. When any part of the shift cellophane and film industries, feed and saw
has been worked, the tender shall be paid for mills, rock, gravel, sand washing, stone
the full shift. On a shift when no diving is crushing, cement and asphalt plants, water,
performed, tenders shall be required to work sewage and chemical treatment plants,
on the maintenance and repair of diving gear laundries, kitchens, restaurants, hospitals,
or other work within the scope of this bakeries, fertilizing and mixing plants, can,
Agreement. ice, bottle and bag manufacturing plants,
textile, flour, and paint mills, breweries, milk,
11
12
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
all key seats and valve lapping and fitting all covers regardless of materials, thickeners,
machine surfaces in new or old work in the rotoline distributors, sludge bed cleaners,
field. digestion systems, heaters, dyna-grind sewage
screening grinders, screw pumps, spiral
h. All sewage disposal machinery and coffee classifer, agitators, junk remover, hydro
roasting plants. pulper, cooling fans, lube systems, selectifier
screens, hydrosensors, fuel blowers, grizzly
i. All amusement devices of all kinds; all screens, trammels, table feeders, dryers,
barrel or package devices either elevated or optical sorters, high tension separators, grip
conveying; all presses, hydraulic or otherwise. dewatering screens, flash mixer, horizontal
slow mixer, vertical slow mixer, vibra-flow
j. All direct or connected machinery of any feeder machine, circuline grit collectors, pre-
power hog hoist and meat handling machinery, aeration and settling tanks, circuline sludge
all spice or flour or cereal mills, or cotton, collectors, circuline mixer collectors, grip
wool, silk, twine, paper, saw, cement, planing, dewatering screens, filter, cone and rotary
powder and paint mills, machinery and presses, comminutors, barminutors,
woodworking shops or factories, jewelry and degreasers, rotometers, dehumidifiers,
powerhouse machinery, sugar refineries, benches, washers for cars, trucks, buses, trains
starch house, bakeries, fertilizer breweries, and other types, hydraulic units, shroud boxes,
and shoe factories. All ice plants and silencers, scales, load cells, eddy cunent
equipments, ice cream factories and laundries, clutches, disintegrators, dehairing machines,
knitting mills and power sewing machines. grain handling devices, laboratory equipment,
Finally, all work pe11aining to machinery used machine shop equipment, ladle cars, stunning
for manufacturing purposes or amusement pens and doors, activation equipment, racks,
devices which will come with the evolution of material handling platforms, transition pieces,
time and this craft will come under this the handling and installation of pulleys, gears,
jurisdiction claim, and all buming and welding sheaves and fly wheels, air vacuum, worm,
involved. belt, friction, rope, chain and gear drives that
are directly or indirectly coupled to motors,
k. Sewage and Water Treatment Plants- belts, chains, shafts, or screws, installation of
disassembly, fabricating, rigging, erecting and legs, boots, guards and boot tanks, all bin and
aligning of skimmers, rake mechanisms, feed diverter valves, tum hands and indicators,
wells, baffles, scum troughs, degritting shafting, bearing cable sprockets, cutting of all
equipment, bar screens, communitors, mixers, key seats in old and new work, troughs,
pumps, aeration systems, blowers, membrane chippers, calendars, rolls, winders, rewinders,
filtration systems, sequencing batch reaction slitters, cutters, wrapping machines, blowers,
systems, including any related piping or duct forging machines, pneumatic, electric and
work, filter presses, sand filtration systems hydraulic rams, extractors, expellers and
(excluding the filtration media and associated extruders, ball and dust collectors, splicing of
earthworks), ultra violet rack systems, ropes and cables.
mechanical drive assemblies, conveyors,
mono rails, gates and setting odor control m. The laying out, fabrication and installation
equipment, (excluding heating, ventilating and of protecting equipment including: machinery
air conditioning work or associated guards, making and setting of templates for
earthworks). machinery, fabrication of bolts, nuts, pans,
drilling of holes in machinery for any
I. The setting of thru-clean bar, straight line equipment which the Millwrights install
bar, trash, tritor drum, and disc screens, regardless of materials, all welding and
straight line grit, circuline grit, circuline burning regardless of type, fabrication of all
sludge, and circuline mixer collectors, straight lines, hose or tubing used in the lubrication,
line, flash, horizontal slow, vertical slow, and operation, cooling or heating of machinery
vibra flow feeder machines, pre-aeration and including the installation of all fluids used to
settling tanks, covers for tanks, bowls and operate, lubricate, cool or heat equipment
basins including stationary or mechanical installed by Millwrights, cleaning of
13
14
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Employers requesting Millwrights shall sanding, finishing and refinishing of all wood,
specifY the nature of the work to be performed cork or composition floors to be sanded or
so only the tools required for the work will be scraped, filled, sized, washed, waxed, and
on the job site. buffed, either by hand or power machines.
SECTION I.
ARTICLE IV The Employer agrees that all employees
TERRITORIAL APPLICATION covered by this agreement shall, as a condition
of employment, become and remain members
SECTION I. of the Union in good standing.
This Agreement shall apply to and be effective
on all Carpentry work in accordance with
Article II, Section I and 2, performed by the
Employer within the State of Connecticut.
16
17
19
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
plant or shop, before they start work, or as Carpenter-Welder - When performing
soon as possible thereafter to determine if welding work on Non-Building Projects
there has been compliance with the Union's Wages:
right to refer applicants for employment. May 5, 2014 $31.00
(c) Adjustment of complaints or grievances
Carpenter working with Creosote Lumber
with the employee covered by this Agreement
and supervisor as provided by this Agreement, or Acid:
and if unable to do so, to call the Council May 5, 2014 $32.00
Representative for assistance.
Divers Wages:
SECTION 4. May 5, 2014 $39.46
The steward shall be the last carpenter laid off
from the job, project, or shop, provided he/she Divers Effluent Wages:
can do the remaining available work, and will May 5, 2014 $56.76
not be transferred to any other project, plant,
or shop without the approval of the Union The wage rates effective May 4, 2015;
Council Representative. The Employer shall
May 2, 2016; and May 1, 2017 shall be
give the Union at least twenty-four (24) hours
notice of its intention to lay off the steward in allocated by the Union during the term of
all cases. this Agreement.
20
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
starting time, and any such employee shall SECTION 3.
work his/her regular day in addition thereto Saturday work shall be paid at time and one-
and shall not be given time off without pay to half (1 1/2) the regular rate for the first eight
offset the early hours. An earlier starting time hours. The Employee shall not be
may be established by mutual agreement of discriminated against for refusing Saturday
the Employer and the Union. work. All time worked on Sunday between the
hours of 12:01 a.m. and 12:00 p.m. (midnight)
SECTION l(b). shall be paid double the regular rate, unless
Any employee who reports and is available for another provision of the Agreement provides
work but starts work later than his/her starting otherwise. Work outside of the regular shift
time through the fault of the Employer and hours as set forth in Section 7 shall be paid in
through no fault of his/her own, shall have the same manner. There shall be no
his/her time computed from his/her established pyramiding of overtime.
starting time.
SECTION 3(a).
SECTION 2(a). Four ten hour days will be permitted on a
The regularly scheduled work week will regular rate basis with mutual consent so long
consist of forty hours. The hours of labor each as they do not fall on weekends. Friday shall
day shall be worked in uninterrupted be a makeup day and may be worked at
succession, except for proper allowance for straight time, with mutual consent with the
non-paid mealtime, which is not to exceed exception that this section may be superseded
one-half hour. The regular work week shall and governed by other provisions of the
consist of five (5) consecutive days, Monday Agreement. Consent shall not be
through Friday, inclusive. Hours worked over unreasonably withheld.
forty hours per week or eight hours per day
will be paid at one and one-half times the SECTION 4.
regular rate. Any work performed after twelve Working time shall start when an employee
(12) hours during the normal workday instructed to report to work does report at the
(Monday-Friday) and any work performed job site at the appointed time, except as
after eight (8) hours on a Saturday shall be at otherwise provided hereafter.
the double time rate of pay. Employees must
be notified one day in advance of overtime SECTION 5(a).
work when possible. No employee shall be In the event of inclement weather, any
discriminated against for refusal to accept employee repotting on time shall receive two
overtime work. The Union must be notified in (2) hours pay. The employee must remain on
advance of Saturday work and for scheduled the job site and be available for work for the
work in excess often (1 0) hours per day. two (2) hours unless dismissed by the
Employer. The inclemency of the weather
SECTION 2(b). shall be determined by the superintendent and
Employees shall be given a lunch period the steward on the job. In the event of such
which shall begin during the period one hour detennination that the weather is inclement,
before until one hour after the midpoint of the any employee who is requested to work may
employee's normal workday, but in the event perform such work if he/she so chooses, and if
the employee is directed to work through the Employer supplies the employee with foul
his/her lunch period, he/she shall be weather gear, if necessary.
compensated at time and one-half for the time
worked. Notwithstanding the above, no SECTION 5(b).
employee shall be required to work more than When employees referred by the Union, at the
five (5) consecutive hours without a meal request of the Employer, report for work on
break. If required to work through his/her the job and are not put to work, they shall be
lunch period, the employee shall be given paid a day's pay for show-up time, provided
twenty (20) minutes in which to eat lunch, they are not prevented from working by
without loss of pay. weather or other conditions beyond the control
of the Employer. Under this Article the Union
21
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
office or the steward is to be notified when those first four hours of overtime shall be paid
employees are so needed. at double the normal hourly rate.
22
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION 9. SECTION 5.
The provisions of Section l(a) of Article X of The Employer shall give each employee two
this Agreement shall not apply to tide work. (2) hours pay at the straight time rate on each
The starting time for tide work shall be Gubernatorial and Presidential Election Day,
determined by the Employer based on the tide provided that such employee is a registered
between the hours of 6:00 a.m. and 6:00 p.m. voter, voted in such election and provides
provided the employees work a full eight (8) documentation of voting.
hour day unless prevented by inclement
weather in which event Section S(a) shall
apply. ARTICLE XII
PAYMENT OF WAGES
ARTICLE XI
HOLIDAYS SECTION 1 (a).
Wages shall be paid by Thursday at least one
SECTION 1. half Ch) hour before quitting time weekly in
The following days shall be recognized as currency, coin or by check on the job (or by
holidays under this Agreement: direct deposit if agreed to by the Employer
and the employee and the employee receives a
New Year's Day Memorial Day pay statement and benefit receipt on the job)
Good Friday Independence Day where employees covered by this Agreement
Labor Day Thanksgiving Day are employed on or before quitting time by
Christmas Day Thursday. If an employee is laid off, he/she
shall collect wages for waiting time up to eight
In the event the Veteran's Day holiday is hours per day for each day or part thereof until
negotiated into the Building and Heavy and paid. Employees who are discharged for just
Highway Agreements between the Association cause shall receive their final wage pay as
and Local 487 of the Operating Engineers and required by Connecticut State law. All
the Connecticut Laborers' District Council, employees shall be given a benefit receipt and
Veteran's Day shall become a holiday under an itemized statement with their pay or
the terms of this Agreement. paycheck showing their rate of pay, hours of
work, deductions made and net pay. If any
SECTION 2. employee shall leave the services of his/her
If any of the above-listed holidays shall fall on Employer of his/her own volition, the
a Sunday, they shall be recognized on the Employer may retain his/her wages until the
following Monday. If any of the above listed next regular payday.
holidays should fall on a Saturday, the
Employer shall recognize Friday as the SECTION 1 (b).
holiday. If the Employer's check is not honored by the
bank upon which it is drawn, the Employer
SECTION 3. may be required to pay all employees and the
In the event an employee works on a holiday various funds in cash or by bank check with a
set forth in Section 1, he/she shall be paid at pay envelope giving all of the information
the rate of two (2) times his/her regular required above.
straight time hourly rate for each hour worked
on that day. SECTION 2.
All employees laid off or discharged shall be
SECTION 4. given the Connecticut unemployment
Where an employee observes Martin Luther separation packet and Connecticut registration
King or Veteran's Day as an unpaid holiday number per state law with their pay and shall
he/she shall not be discriminated against. be paid one-half (1/2) hours pay to pick up
their tools.
23
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION 3. Fund and shall make contributions to the
Carpenters are to be paid by Thursday. Health Fund, Pension Fund, Annuity Fund,
Carpenters are to be paid on the job during Apprenticeship and Training Fund, New
working hours. Payments may be made by England Carpenters Labor Management
company payroll check, bank check, cash or Program Fund and UBC Funds enumerated in
direct deposit not later than Thursday, except Schedule C, attached hereto, hereinafter
that payment is to be made no later than referred to as the "Funds" in the amounts set
Wednesday when a holiday falls on Friday. If forth in Schedule C for each hour paid for
the payday falls on a holiday, employees shall each employee covered under this Agreement.
be paid on the last working day preceding the
holiday. Employers are required to make the
contributions to the Funds on a weekly basis.
When payment is made by out-of-state check, Upon payment of the weekly contributions in
the Employer shall make suitable provisions, accordance with the provisions ofthis Section,
locally, for cashing of checks without charge the Fund Office will issue receipts or
to the employee. The provisions for cashing electronically release receipts to the Employer
checks shall be made with the consent of the indicating proof of payment. The Employers
Union. shall provide receipts to each employee with
his or her weekly paycheck. Failure to make
SECTION 4. the weekly payment and to provide each
Failure to pay cash wages when required employee with his or her receipt for the
pursuant to Section 1(b) above, or payment by benefit contributions for that payroll period
a check that is not honored by the bank upon shall constitute a violation of this Agreement
which it is drawn, shall be prima facie and the Employer shall be deemed delinquent.
evidence of willful non-payment of wages. If
an Employer shall willfully fail to pay wages Employers may pay the benefit contributions,
due employees, under the terms of this electronically by the Web/intemet, in person at
Agreement, the Union shall have the right to the Fund Office or by mail. Payments shall be
have all the employees of this Employer cease made by certified check, wire transfer or
work, any provision herein to the contrary advance deposit. With each of the payment
notwithstanding, and all such employees shall options the Employer shall complete a
be made whole for any wages and fringe remittance report providing the names of the
benefits lost as a result of such work employees, the hours worked and the job
stoppages. A dispute concerning the rate of location on a form issued by the Fund Office.
wages to be paid or the actual hours due shall More complete instructions on the payments
not be considered willful non-payment of of contributions have been established by the
wages and shall be subject to the Grievance Fund Trustees and may be obtained from the
Procedure. Fund Office.
24
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
such employees shall be made whole for any SECTION 4.
wages and fringe benefits lost as a result of At the discretion of the Fund's Trustees, an
such work stoppages. The Union shall also Employer determined to be delinquent in its
have this right if an Employer is found to be payments as required herein may be held
delinquent as a result of a final audit by the liable for all contributions due to the Fund and
benefit funds. The Union shall give the reasonable attorney's fees, court costs, audit
Employer two (2) business days written notice fees and other expenses incurred incidental to
by fax, certified mail or other reasonable collection of contributions due to the Fund,
method. including a reasonable rate of interest on
contributions due and liquidated damages as
SECTION 2. permitted by law. Appropriate payroll records
The Funds shall be maintained at all times as of the Employer may be subject to audit by the
jointly-administered Taft-Hartley trust funds Trustees or their authorized representative
with an equal number of Employer and labor upon reasonable notice. The Trustees shall
Trustees, herein referred to as the "Trustees," have all powers with respect to the audit of
selected and serving under the applicable appropriate payroll records and the collection
Trust Agreement. Each Employer subscribes of delinquent contributions, interest, audit
to and agrees to be bound by the provisions of fees, attorney's fees and other expenses of
the Funds' Agreements and Declarations of collection as may be provided from time to
Trust, as originally adopted and as amended time by the applicable Trust Agreement.
from time to time, and ratifies and approves all
actions of the Trustees within the scope of said SECTION 5.
Trust documents of the Funds. The Funds Nothing in this Agreement, the Trust
shall furnish to the Association and the Union Agreement, a plan of benefits or any other
copies of their respective annual audit and document shall be construed to impose upon
annual actuarial or consulting reports. the Employer or other contributor any liability
or obligation to contribute or make any other
SECTION 3. payments to any Fund toward the cost of
Each fund shall at all times be operated in benefits or the cost of administration or
confonnance with applicable Federal and State funding of the Plan beyond the obligation of
laws and regulations, and with the exception the Employer to make contributions and pay
of the Vacation Fund, shall be maintained as a expenses of collection as specified in Sections
tax exempt trust under provisions of the 1 and 4 above. Except to the extent that the
Internal Revenue Code so that Employer Association and the Union may participate in
contributions to said Fund shall at all times be the selection of Trustees, neither the
deductible by the Employer for Federal Association, nor the Union, nor any Employer
income tax purposes. In the event that the shall be responsible for the operation or
Health Fund, NECLMP or UBC Fund fails to administration of the Funds. In no event shall
retain approval as a tax exempt trust so that the Association, the Union or any Employer
Employer contributions shall not be deductible be liable for any action or failure to act of any
as a business expense, the Employer shall not Trustee. It is agreed and understood that this
be liable to contribute to such Fund for hours Section shall serve as a defense to any
worked during the period that the contribution allegation or cause of action brought by any
is not deductible. For the Pension and Annuity individual or entity which might jeopardize
Funds, the Employer's contribution to these the Employer's or other contributor's position
Funds shall be reduced by an amount equal to that its liability is strictly limited as stated
the Employer's additional tax due to the loss herein.
of the deduction and any future contribution to
either such fund shall be made in the same SECTION 6.
amount to the fund which remains qualified Hourly contributions must be made for each
for a deduction by the Employer. hour worked by each employee covered by
this Agreement, computed to the nearest half
hour.
25
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION 7. Allocation to fringes. c. If a carpenter superintendent is paid
The Union shall have the option to divert hourly, his/her Employer must
money from fund to fund (except from the contribute to all Funds on all of his or
pension fund) or from wages to any of the her hours of work in covered
funds provided for in this Agreement upon employment. For hourly-paid
thirty (30) days prior written notification to the superintendents, contributions on non-
Association. working hours such as paid vacation
are not required.
SECTION 8.
Notwithstanding any other provision of this d. If a carpenter superintendent is paid a
Agreement, for the purpose of those salary, his/her Employer must,
provisions of this Article XIII, Fringe Benefit contribute to all Funds on 160 hours
Funds and of the Agreement regarding for each calendar month or, for an
contributions by the Employer to the Employer required to contribute
Connecticut Carpenters State-Wide Pension weekly, on 40 hours for each week but
Fund (hereinafter "Pension Fund") and for not more than 480 hours for any
such purpose only, persons in the employ of calendar quarter. In any case, the
an Employer who are classified by the maximum payment is 1920 hours a
Employer in writing on forms supplied by the year. It does not matter if the salaried
said Pension Fund as "Carpenter superintendent works more or Jess
Superintendents" shall be members of the than 160/40 hours, or takes paid
bargaining unit and shall be covered by this vacation or sick time, or works only
Agreement. The term "Carpenter part of a month/week - payment on the
Superintendents" shall include all persons who fixed number of hours is required.
are members of the Union working as
superintendents and classified by the e. It is understood that payment of
Employer in wntmg as "Carpenter contributions are not required for
Superintendents." Contributions for hours superintendents who are on Workers'
worked by Carpenter Superintendents shall be Compensation unless such
subject to the administrative rules of the contributions are required by Jaw.
Connecticut Carpenters State-Wide Pension
Fund regarding acceptance or return of f. There shall be no duplication of
contributions as the Fund may deem necessary contributions for any hours of
to protect its status for tax purposes, reporting employment for any superintendent.
of contributions and auditing of payroll
records. g. A form provided by the Funds must be
filed annually by the Employer to list
a. A contractor who chooses to provide each carpenter superintendent the
coverage to some or all of its Employer chooses to cover under the
carpenter superintendents must be new rules. In the Health Fund, those
signatory to collective bargaining superintendents who are not listed on
agreement requiring contributions on the Superintendent Fom1 for the
work by those carpenter current year will Jose Health Fund
superintendents to all funds and coverage in accordance with the
programs covering Connecticut Fund's rules on annual eligibility, and
carpenters. This includes Health, will not be entitled to COBRA
Pension, Annuity, Apprentice and continuation coverage because this
Training, NECLMP, and UBC Funds, rule change does not constitute a
and the Association Construction qualifying event, unless the employee
Program. /superintendent is otherwise covered
by the Health Fund.
b. A carpenter superintendent must be a
member of the bargaining unit and
working as a superintendent.
26
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
h. A carpenter superintendent's required on behalf of an apprentice except that
participation in all the Fringe Benefit no Pension contributions are required and that
Funds including the Pension, Health the contribution to the Annuity Fund shall be
and Annuity Funds shall be subject to 75 cents per hour. Apprentices at the 60
the rules and regulations adopted by percent level and above shall receive full
the Funds' Trustees and to all the benefits.
terms and conditions of the applicable
Plan documents. For all Apprentices indentured after May 1,
2014, this paragraph shall apply to work
SECTION 9. performed within the State of Connecticut for
The Union agrees to fully indemnify, defend the Carpenter Apprentices. Employers shall
and hold the Association and the Employer make contributions to the funds in the amounts
harmless from any and all claims arising from listed in Schedule C of the Agreement for
the Vacation Fund, including attorneys' fees hours worked by Apprentices except that to
and costs of defense. the extent allowed by law no Pension
contributions are required for Apprentices in
the first year, 50% of the Pension contribution
ARTICLE XIV is required for Apprentices in the second year,
APPRENTICES AND TRAINING and 75% of the Pension contribution is
required for Apprentices in the third year; and
SECTION 1. that no Annuity Fund contributions shall be
Each Employer shall have the right to employ required for Apprentices in the first year, 40%
one Apprentice, and may employ a ratio of of the Annuity contribution is required for
apprentices to journeypersons in accordance Apprentices in the second year, and 55% of
with state regulations. All Carpenter the Annuity contribution is required for
Apprentices must be registered with the Union Apprentices in the third year. Apprentices in
and the Connecticut State Apprenticeship the fourth year shall receive full benefits.
Council. Said Connecticut State
Apprenticeship Council shall be set up under SECTION 3.
the system of the State Apprentice Program, Each Employer shall employ a ratio of at least
and the Association shall participate in the one (1) apprentice to five (5) journeypersons
same. All apprentices, indentured without carpenters on the job when indentured
credit must serve four years apprenticeship. apprentices are available and assigned to the
Apprentices' rates shall be the following Employer by the local Union.
percentages of the journey level rate:
SECTION 4.
No experience to 6 months-50% Specialty trade employees who have become
7-12 months -55% technologically unemployed shall be permitted
13-18 months -60% to enter the Apprenticeship and Training
19-24 months -65% Program for retraining. Said employee shall be
25-30 months -70% granted advanced standing in the
31-36 months -75% Apprenticeship and Training Program on the
37-42 months -80% basis of his/her demonstrated ability and
43-48 months -85% knowledge and shall be paid the rate of the
apprenticeship period to which he or she is
SECTION 2. assigned.
This Article shall apply to work performed
within the State of Connecticut for the SECTION 5.
Carpenter Apprentices. Employers shall make Both parties agree to comply with the
contributions to the funds in the amounts listed Standards of Apprenticeship as established by
in Schedule C of the Agreement for hours the Joint Apprenticeship Committee for the
worked by apprentices, except that while an training of apprentices as applicable under this
apprentice is at the 50 or 55 percent level, all Agreement.
the fringe benefit fund contributions shall be
27
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION 6. shall be a violation of this Agreement solely
Hiring of apprentices must be done through by that particular Employer in default. In no
the Union and all apprentice applicants must event shall it be construed as a default by the
meet the mnumum qualifications as other members of the Association or by the
established in the Apprenticeship Standards. Association.
SECTION 7. SECTION 4.
The Employer must provide a Separation Any Employer known to be delinquent to any
Package in accordance with Connecticut of the Funds enumerated in Schedule C as
General Statutes Section 31-236B in order for determined by the administrative office of any
the apprentice to collect unemployment while such fund, and contractors outside the
attending scheduled, mandatory related territorial jurisdiction of the Agreement that
training classes and shall rehire them if work are not members of the Association, may be
is available. required by the Union to furnish a surety bond
of not less than ten thousand dollars ($1 0,000)
SECTION 8. with the Trustees of each of the funds to which
The Employer must provide wage rate contributions must be made under this
advancement upon notification from the Agreement.
Apprenticeship Office.
An Employer is delinquent if they fail to make
SECTION 9. weekly payments on the day it is due.
No apprentice shall be allowed to work alone Contributions will not be considered
or unsupervised. delinquent if caused by conditions beyond the
control of the Employer, such as out of the
ordinary mail delays, power outages, fire, acts
ARTICLE XV of God, or if the due date for the contribution
REGULATION OF PAYMENTS TO falls during the same week as a bank holiday.
FUNDS The Union may, at its own discretion, invoke
its right to strike for Employer delinquency
SECTION 1. consistent with Article XIII, Section l(c).
Contributions required under Articles XIII and
XIV shall be made for each hour paid in the
jurisdiction of the Union, to the nearest half ARTICLE XVI
hour. Such contributions need not be made for ACCESS TO JOBS AND RECORDS
hours that are paid for vacations, bonuses and
holidays. (All hours paid to foremen under the SECTION 1.
provisions of Article XVII, Section 5 shall Authorized representatives of the Union shall
include contributions for benefits.) have the right upon forty-eight (48) hours
prior notice to inspect time sheets and payroll
SECTION 2. records of the individual or individuals
When the Trustees of the Funds enumerated in covered by this Agreement, and
Schedule C established hereunder request the representatives of the Funds enumerated in
opportunity to have an independent accountant Schedule C shall have the right to audit such
and/or auditor examine payroll records of any records to detennine whether or not the
Employer to assure compliance with the Employer has complied with the tenns of this
provisions of this Agreement, upon five (5) Agreement and/or the rules and regulations of
day's written notice to the Employer from the such Fund or Funds.
Trustees of such Fund, such payroll records
shall be made available to the accountant SECTION 2.
and/or auditor at the Employer's office. A daily time record shall be maintained by the
Employer for all the employees. Such time
SECTION 3. records shall be available to NERCC Council
Failure by any Employer to contribute to Representative or Steward for inspection upon
either the Funds enumerated in Schedule C , reasonable notice.
28
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION 3. journeyperson's rate, but at all time shall be
In the event that the Union and/or an considered an agent of the Employer.
employee claims that the itemized statement
the Employer is required, pursuant to this SECTION 5.
Agreement, to give each employee concerning Carpenters employed as a foreman on a
his/her wages, hours, rate of pay, etc. is regular basis will be compensated at eight (8)
incorrect, the matter will be processed in hours straight time pay for the holidays in
accordance with the Grievance Procedure of Article XI, Section 1, provided the holiday(s)
this Agreement. If the matter is submitted to fall Monday through Friday.
the Grievance Procedure, the Union may
require the Employer to produce at any SECTION 6. General Foreman and Area
hearing on the matter the payroll record and Foreman.
time sheets of the employees for the weeks A General Foreman or Area Fore man may be
involved. If so requested, the Employer will be used at the discretion of the Employer. If used
required to submit the payroll records and time the rate of wages shall be-General Foreman
sheets of all the employees involved for the shall be paid 30% over the journey level rate
periods specified for use at the hearing on the of wages and the Area Foreman shall be paid
matter. If the Employer fails to comply with 20% over the Journey level rate of wages.
the request of the Union, it shall be deemed a
willful non-payment of wages under Article
XII, Section 4. ARTICLE XVIII
PROTECTION OF RIGHTS
29
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
practices for the protection of employees. The SECTION 7.
Construction Safety Code of the State of Any employee who violates any posted safety
Connecticut shall be the standard document regulation of the Employer, and/or
for guidance of the Employer's safety Governmental Agency, shall be subject to
practices and accident prevention. Employees discharge.
shall be required to observe all safety codes
and laws, and shall be required to abide by all SECTION 8.
safety rules and regulations prescribed by the If an employee is required to appear in court
Employer. for the purpose of defending himself because
of an accident in which he/she may have been
SECTION 3. involved during working hours and within the
The Employer shall supply all safety and course of his/her employment, involving the
protective equipment pertaining to cutting and Employer's equipment, or testifying at the
welding such as goggles, shields, gloves, request or on the behalf of the Employer,
helmets, chipping hammers, safety glasses. he/she shall be reimbursed in full by the
The Employer shall also provide rain gear and Employer for all earning opportunity lost and
waterproof over-the-shoe boots to employees for meals and transportation costs because of
as needed as agreed to by the steward and the such appearance or testimony.
Employer. Any safety equipment such as
hardhats with clean liners and sweat bands, SECTION 9.
safety glasses, ear protection, Tyvek suits, etc. The Employer shall provide Workers'
shall be provided by the Employer. Each Compensation Coverage for all employees
employee may be required to sign a receipt for covered by this Agreement, and upon request,
such equipment at the time he/she receives it, shall inform the employee of the name of the
and he/she shall be liable for the cost of the
.msurance earner.
.
replacement of any equipment which is lost or
otherwise not returned to the Employer. SECTION 10.
Tools may be sharpened on the job during
SECTION 4. working hours if the Employer does not make
The Employer shall furnish sanitary facilities, other arrangements with the steward to have
drinking cups and clean, cold drinking water. them sharpened elsewhere. No employee shall
be discriminated against or discharged for
SECTION 5. filing his/her own saws or sharpening his/her
No employee shall be required to use or own tools.
operate any tool or piece of equipment which
is not equipped with all safety devices SECTION 11.
prescribed by law. The employee must report Any employee engaged in the performance of
all defects in equipment promptly. work where damage to his or her clothes or
shoes could result from their being exposed to
SECTION 6. chemical action shall be furnished suitable,
Any employee involved in any accident shall OSHA approved protective clothing by his or
immediately report the accident and/or her Employer at no cost.
personal injuries sustained, if any, to the
Employer. The Employer shall make out an SECTION 12a. All carpenter employees must
accident report. Such report shall include the be insured under the Workers' Compensation
names of all witnesses to the accident. A copy Act and the Connecticut Employment Security
of the accident report filled out by the Act.
Employer shall be given to the employee, and
sent to the Union within forty-eight ( 48) hours SECTION 12b.
of the day on which the accident or injury In the event that Section 13a is not complied
occurred. If requested by the steward the with the Union shall have the right to
employee shall assist in preparing the accident withdraw its workforce and the Employer
report if and when able. shall pay wages and benefits for time lost.
30
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION 13. Journeyman Training Upgrade at the amount equivalent to the straight-time
Program rate for time spent traveling, but not to exceed
The Union and the Employers recognize the eight (8) hours in any one twenty-four (24)
importance of journeyman health and safety hour period, and for his/her transportation and
and agree to put forth a concerted effort to subsistence expenses.
provide a highly skilled workforce with which
to compete in the marketplace. This will be SECTION 3.
achieved through the Journeyman Training Any elevators being used for construction
Upgrade Program. The Union and the personnel on building work shall be made
Association will encourage the Connecticut available for the use of the carpenter
Carpenters Apprentice and Training Fund to employees.
fund and monitor the program.
The Union and the Association will encourage ARTICLE XXI
the Connecticut Carpenters Apprentice and GRIEVANCE AND ARBITRATION
Training Fund to develop, conduct, monitor PROCEDURE
and certify training, including refresher
courses and regulatory update courses as SECTION 1.
required. The Union shall compile and A grievance shall be defined as any dispute
maintain a database containing all relevant and between the parties hereto during the term of
current records oftraining. The Union and the this Agreement. The Union or the Association
Association will encourage the Connecticut may file and process a grievance. Disputes
Carpenters Apprentice and Training Fund to concerning jurisdiction shall be dealt with
issue cards verifying completion of training. only under Article III, Section 9 and not under
This information shall be made available to this Article XXI.
Employers upon request. The Employer shall
be required to provide notification to the SECTION 2.
Union of all certified training provided by the In the event of a grievance (which cannot be
Employer to Union employees. settled by the Employer and the Union or their
representatives within fifteen (15) working
In accordance with the standards of the days after the grieving party knew or should
Construction Safety Code of the State of have known of the occurrence giving rise to
Connecticut and OSHA the Carpenter the grievance), either the Association or the
Journeyman Training Upgrade Program shall Union shall submit the grievance to the
consist of: Committee for determination, providing it
notifies the other party (the Employer or the
1. OSHA 10 hour outreach course. Union, as the case may be) and the
2. OSHA 30 hour outreach course. Association by electronic mail or fax with a
3. Fall Protection Competent Person copy sent via First Class Mail postmarked
4. Scaffold Erection Certification Course within fifteen ( 15) working days after the
grieving party knew or should have known of
the occurrence giving rise to the grievance of
ARTICLE XX the desire to arbitrate. Said notice shall
MAINTENANCE OF STANDARDS include the question to be arbitrated and,
where such question involves the
SECTION 1. interpretation or application of this
The Employer agrees that it will not require as Agreement, the article and section of this
a condition of employment that any employee Agreement under which the grievance is
furnish or provide a truck, other equipment or claimed. A meeting of the Committee to hear
power tools including battery powered tools. and determine said grievances shall be held
within five (5) working days after receipt by
SECTION 2. the other party of the grievance notice. The
Any carpenter who is sent to work more than Committee's decision shall be final and
75 miles in a radius from Middletown, binding. If the Association does not convene
Connecticut shall be paid for travel expenses the Committee within five (5) days, the Union
31
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
shall have the option of bypassing the question of the amount of damages can be
Committee and proceeding directly to presented to the Committee or Arbitrator on an
arbitration. ex-parte basis.
32
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION 7. of the Board or Committee. This provision
It shall be a violation of this Agreement if shall be a complete defense to and also
either party shall authorize any lockout, strike, grounds for a stay of any action or proceeding
work stoppage, slowdown, or intentional instituted by any party contrary to this
interference of work. Neither the Union nor Agreement.
the Association shall aid or supp011
unauthorized lockouts, strikes, slowdowns or
work stoppages. In the case of an unauthorized ARTICLE XXII
lockout, strike, work stoppage or slowdown, WORK STOPPAGES
the Union or the Employer involved shall take
During the term of this Agreement there shall
all affirmative action at its disposal, including
be no strike, work stoppage, slowdown,
but not limited to affinnatively acting to
picketing or lockout, except as may be
prevent or stop same by notifYing the otherwise specifically provided herein.
employees or Employers and the public that it
disavows the conduct and by requiring the (a) Willful non-payment of wages as outlined
Employer or employees to make work in Article XII, "Payment of Wages";
available or to return to work in a proper
fashion. If the Employer or employees refuse (b) Failure to pay contributions to those funds
to do so, they shall be penalized, or replaced, enumerated in Schedule C in accordance with
disciplined or discharged as the case may be. Article XV, "Regulation of Payment to
It is further agreed that in all cases of an Funds";
unauthorized strike, slowdown, walkout or any
unauthorized interruption of work in violation (c) Failure by the Employer or the Union to
of this Agreement, the Union shall not be carry out the terms of a final and binding
liable for damages resulting from such award of the Arbitrator or Board, or
unauthorized acts by its members. Committee within five (5) working days after
the receipt of the Decision unless the
SECTION 8. enforcement thereof shall be stayed by a court
The Committee or the Board shall have the of competent jurisdiction.
authority to grant such remedy as may be
deemed appropriate with respect to any (d) Prior to any strike provided for in Article
grievance or dispute brought before it and XII, the Union shall provide two (2) business
may, in addition, provide money or liquidated days written notice of such intention to strike.
damages. All awards and decisions submitted
to the Board or the Committee shall be
reduced to writing when the decision is ARTICLE XXIII
rendered and shall be final and binding upon OBLIGATION AND RIGHTS OF
the parties thereto. Copies thereof shall be THE ASSOCIATION, THE UNION, THE
given to the parties involved, the Association EMPLOYEE, AND THE EMPLOYER
and the Union by certified mail.
SECTION 1.
SECTION 9. The Association and the Union agree that they
It is intended and agreed that the procedure are acting in the capacity of bargaining
herein provided for the adjustment of representatives for the Employers and Union
grievances and disputes shall be the exclusive respectively. Neither the Association nor the
means for the determination of all grievances Union shall be liable as an entity for any
and disputes covered by this Agreement, violation of this Agreement by any present or
including the arbitrability of any grievance or future Employer or Union, respectively.
dispute or any claim based upon the alleged
breach of the no-strike-no-lockout pledges of SECTION 2.
this Agreement. Neither the Employer, the The obligation of such Employer, as defined
Association, or the Union shall institute any in Article I, Section 3(a) herein shall be
action or proceeding, in a court of law or several and not joint.
equity, state or federal, other than to compel
arbitration or to correct, confinn, vacate,
modifY or secure enforcement of any decision
33
35
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
as dues assessment for each hour paid for each calendar days of the date the relief is granted.
foreman or superintendent who is a member of It is expressly understood that no modification
the UBC. On overtime work the 2.5 deduction or deviation may be made from the existing
shall be calculated at the straight time rate. collective bargaining agreement except by
mutual agreement of the parties. It is further
SECTION 2. understood that failure to reach an agreement
Dues deductions shall be included m the under this provision shall not be subject to
benefit receipt. arbitration. It is the intent of the parties that
this procedure will be utilized where
SECTION 3.
circumstances warrant and that the Employer
The Union agrees to indemnify, defend and
save the Employer and the Association will not abuse this procedure. Relief granted
harmless against any and all claims, suits or under this section shall not constitute a
other forms of liability from the Employer's violation of the favored nations provisions of
participation in or performance of the Section 4 of this Article. Procedures shall be
provisions of this Article. established by the Executive Secretary-
Treasurer or his or her designee to notifY all
SECTION 4. contractors of the changes, which have been
Dues Assessment Authorization cards filled granted for that particular job.
out by carpenters will be kept on file at the
Union office. These authorization cards shall SECTION la.
be irrevocable for one year or the termination All applicable work in the territorial
date of this Agreement whatever occurs jurisdiction outlined in Article IV shall be
sooner and will remain in effect until revoked performed under the terms of this Agreement.
by notice in writing to the Union. Copies of All contractors signatory to this collective
these authorizations shall be sent to bargaining agreement shall also be bound by
Employers.
the terms and conditions of each of the
carpenters collective bargaining agreements in
ARTICLE XXIX
Maine, Massachusetts, New Hampshire,
APPLICABILITY OF AGREEMENT
Rhode Island and Vermont.
SECTION 1.
The Association and the Union will be held
The Union recognizes the threat of non-Union
harmless and will not be liable for any action
competition and will do all possible to
resulting from the effectuation of this Section.
promote Union construction, including
holding pre-bid and/or pre-job conferences on
SECTION 2.
an individual job basis to mutually agree on
In order to protect and preserve, for the
ways to enable the Union Employers to be
employees covered by this Agreement, all
more competitive with Non-Union Employers.
work heretofore performed by them, and in
The parties recognize the threat of unfair
order to prevent any device or subterfuge to
competition in certain areas and types of work
avoid the protection and preservation of such
from contractors who do not conform to the
work, it is hereby agreed as follows: if and
standards provided in this collective
when the Employer performs any job site
bargaining agreement. In order to address tl~at
construction work of the type covered by this
problem, the Employer may request rel_tef
Agreement, under its own name or under the
from certain provisions of this collecttve
name of another, as a corporation, company,
bargaining agreement. The Employer shall
partnership or any other business entity,
contact the Executive Secretary-Treasurer of
including a joint venture, wherein the
the Council or his or her designee to discuss
Employer has either directly or indirectly, a
the relief being requested. The Executive
significant degree of ownership, management
Secretary-Treasurer shall respond within five
or control the terms and conditions of this
(5) calendar days of such a request. If an
Agreement shall be applicable to all such
agreement on relief is granted, it will be
work.
reduced to writing, and all other signatory
contractors who are bidding on the project
shall be notified of the relief within five (5)
36
ARTICLE XXXI
ARTICLE XXX VALIDITY
CONSTRUCTION MANAGER/
PROGRAM MANAGER Any provision of this Agreement adjudged to
be unlawful by a court of competent
Whenever any signatory contractor performs jurisdiction shall be deemed for all purposes as
work as a management consultant, null and void, but all other provisions of this
construction manager, program manager, Agreement shall continue in full force and
developer, owner/builder or solicits bids from effect except as provided herein, and in such
subcontractors, considers proposals submitted event the parties hereto may jointly agree to
by subcontractors or coordinates work reopen the Agreement for the purpose of
perfonned by subcontractors, it shall be negotiating with respect to the provision of th
deemed to be a general contractor subject to is Agreement declared unlawful.
the terms and conditions of this Agreement;
provided, however, this provision shall not
apply to any affiliated development company,
or to any entity that does not manage and/or
37
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ARTICLE XXXII
EXPIRATION PROVISION
This Agreement shall take effect as of the first day of May, 2014. This Agreement shall remain in
effect through April 30, 2018, and shall then renew itself from year to year unless either party to the
Agreement gives written notice to the other party, at least sixty (60) days prior to said 30th day of
April, 2018 or any year thereafter, of a desire to change the terms or conditions hereof. Prior to April
30, 2018, or any year thereafter in which such notice is given, the parties hereto will begin negotiations
with a view of renegotiating this Agreement. During such negotiations this Agreement shall remain in
force until negotiations are broken off or an agreement is reached.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly
authorized representatives on this-t+- day of August, 2014.
~:li:t «L
Labor Division of Connecticut, Inc.
Date:~ /I ,2014
38
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SCHEDULE A- CARPENTERS EMPLOYERS
39
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SCHEDULE A- CARPENTERS EMPLOYERS (con't)
40
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SCHEDULE A- CARPENTERS EMPLOYERS (con't)
41
Territory: Beacon Falls, Berlin, Bethany, Branford, Bristol, Burlington, Canton, Centerbrook,
Cheshire, Chester, Clinton, Cobalt, Cromwell, Deep River, Durham, East Berlin, East Haddam, East
Hampton, East Haven, Essex, Guilford, Hadlyme, Hamden, Harwinton, Higganum, Ivoryton,
Kensington, Killingworth, Madison, Marlborough, Meriden, Middlebury, Middlefield, Middletown,
Moodus, Morris, Naugatuck, New Britain, New Haven, Newington, North Branford, Northfield,
Northford, North Haven, Oakville, Oldham, Old Saybrook, Orange, (east of Orange Center Road and
north of Route 1, and north of Route 1 and east of the Oyster River), Plainville, Plymouth, Portland,
Prospect, Rockfall, Short Beach, Southbury, Southington, Thomaston, Wallingford, Waterbury,
Watertown, Westbrook, West Haven, Woodbridge, Wolcott, Andover, Ashford, Bozrah, Brooklyn,
Canterbury, Chaplin, Colchester, Columbia, Coventry, East Lyme, Eastford, Franklin, Griswold,
Groton, Hampton, Hebron, Killingly, Lebanon, Ledyard, Lisbon, Lyme, Mansfield, Montville, New
London, North Stonington, Norwich, Old Lyme, Plainfield, Pomfret, Preston, Putnam, Salem,
Scotland, Sprague, Sterling, Stonington, Thompson, Union, Voluntown, Waterford, Washington,
Windham, Woodstock.
Carpenters Local 43
885 Wethersfield Avenue
Hartford, CT 061 14
Territory: Avon, Bloomfield, Bolton, East Granby, East Hartford, East Windsor, Ellington,
Enfield, Farmington, Glastonbury, Granby, Hartford, Hartland, Manchester, Rocky Hill, Simsbury,
Somers, South Windsor, Stafford, Suffield, Tolland, West Hartford, Wethersfield, Windsor, Windsor
Locks, Vernon.
Carpenters Local 21 0
618 Main Street
Monroe, CT 06468
42
The following Employer fund contributions shall be in effect during the term of this
Agreement:
NECLMP
Effective Date: Contribution:
5/5/14 $0.55
5/4115 To Be Allocated
5/2116 To Be Allocated
5/1117 To Be Allocated
Carpenters Supplemental Pension Annuity Fund
Effective Date: Contribution:
5/5/14 $5.25
5/4/15 To Be Allocated
5/2/16 To Be Allocated
5/1117 To Be Allocated
UBC Training
Effective Date: Contribution:
5/5/14 $0.10
5/4/15 To Be Allocated
5/2/16 To Be Allocated
5/1117 To Be Allocated
Association Industry Advancement Program
Effective Date: Contribution:
5/5/14 $0.10
5/4/15 To Be Allocated
5/2/16 To Be Allocated
5/1/17 To Be Allocated
43
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Totals
Effective Date: Package: Contributions:
5/5/14 $54.15 $23.15
5/4/15 $55.64 ($1.49- Total amount to be allocated)
5/2/16 $57.17 ($1.53- Total amount to be allocated)
511117 $58.74 ($1.57- Total amount to be allocated)
Work Assessment
(Deduction from pav)
Effective Date: Amount:
5/5/14 $1.35
5/4115 $1.39
5/2/16 $1.43
5/1117 $1.47
UBCDues
(Deduction from pay)
Effective Date: Amount:
5/5114 $0.05
5/4/15 $0.05
5/2/16 $0.05
511117 $0.05
44
Both parties recognize that the assignment of the following work has been claimed and continues to
be claimed by multiple craft Unions and agree that Employers may assign said work to employees
covered under various Agreements including employees under the terms of this Agreement. In the
event of a dispute, the dispute shall be decided under Article III, Section 9 of the Agreement.
The Union agrees that it will not file subcontract grievances related to the assignment of locker
installation or fire stopping work.
All references to commercial concrete batch plants, asphalt batch plants, and aggregate producing
plants including sand and gravel plants are excluded from the provisions of Article III of this
Agreement.
Dismantling
This letter concerns the meaning and application of the term "dismantle" under Article III, Trade
Jurisdiction of the proposed collective bargaining agreement to be effective May 1, 2014 through
April30, 2018.
It was explicitly agreed during negotiations for this agreement that the word "dismantle" means the
removal of material that will be reused. The use of the word "dismantle" connotes that the work
described is to be performed by employees under this Agreement.
Cell Phones
Except for emergencies or for Company or Union business, employees shall be prohibited from the
unauthorized use of cell phones or other electronic devices while on work time or in company
vehicles or equipment.
45
Contractors
cticut, Inc.
Industries
46
If, during the term of the parties' collective bargaining agreement (May 1, 2014 through
April 30, 20 18), the federal government enacts pension reform legislation, either party may
reopen such collective bargaining agreement upon mutual agreement of the parties for the
limited purpose of addressing the impact of such government action on the agreement.
If the agreement is reopened for this limited purpose, all other provisions of the agreement
will remain in effect.
By !iJW
Connecticut Construction Industries Association, Inc. and The AGC/CCIA Building
Contractors Labor Division of Connecticut, Inc.
47
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Letter of Understanding
If, during the term of the parties' collective bargaining agreement (May 1, 2014 through
April30, 2018), the State of Connecticut revises its Prevailing Wage laws, either party may
reopen such collective bargaining agreement upon mutual agreement of the parties for the
limited purpose of addressing the impact of such government action on the agreement.
If the agreement is reopened for this limited purpose, all other provisions of the agreement
will remain in effect.
By tiJ: ·r:tfl
Connecticut Construction Industries Association, Inc. and The AGC/CCIA Building
Contractors Labor Division of Connecticut, Inc.
48
If, during the term of the parties' collective bargaining agreement (May 1, 2014 through
April30, 2018), the federal or state government adopts material changes to health care laws,
either party may reopen such collective bargaining agreement upon mutual agreement of the
parties for the limited purpose of addressing the impact of such government action on the
agreement.
If the agreement is reopened for this limited purpose, all other provisions of the agreement
will remain in effect.
49
Subject: Page:
Access to Job and Records 28
Accidents 30
Acid, Working with 20
Affirmative Action 19,33
Agreements with Employees 4-5
Alcohol Testing 17
Annuity Fund 24-27, Schedule C
Apprenticeship and Training 27-28
Apprenticeship and Training Fund 24-27, Schedule C
Arbitration Procedure (See Grievance and Arbitration) 31-33
Assignment of Work 15,22
Association 4-5
Association Construction Program 35
Association Membership 16
Audits and Access to Records 28
Authorized Agent 4
Avoid or Evade the Agreement, Pledge not to 4
Cell phone 45
Circumvention of Agreement 4
Classifications 20
Clothing 30
Coffee Break 22
Competency ofEmployees 19
Consolidation 4
Construction Manager 37
Construction Safety Code Standards 30,31
Council Representatives 19-20
Court Appearances 30
Creosote Lumber 20
50
Handling of Equipment 11
Health and Safety 29-31
Health Fund 24-26, Schedule C
Heavy and Highway Construction Work 4, 5, 16
Hiring 17-18
Holidays 23
Hours of Work 20-23
Layoffs 19
Liability 25,36
Load Testing 10
51
New Employee 17
New Equipment 10, 14
New England Carpenters Labor Management Fund 21-24, Schedule C
New England Regional Council of Carpenters 3,4,29
New Hampshire 16, 18, 36
Non-discrimination 19
No strike (See Work Stoppages) 16, 19, 32,33
Parties to Agreement 3, 4, 5
Payment of Wages 23-24
Payment to Funds 28, Schedule C
Pension Fund 24-27, Schedule C
Physical Examinations 18
Picket Line 26,29,32
Piece Work 34
Pile Drivers 4, 8-10,45
Piles 8-10,45
Pre-Job Conference 18,36
Preamble 3
Prevailing Wage Rates 20
Program Manager 37
Project Labor Agreements 37
Protection of Rights 29
Protective Equipment 30
52
Wage Rates 20
Waiting time 23
Weather (See Inclement Weather) 21,22
Welding 8-11
Wood Frame Construction 5,20
Work Stoppages 33
Work Week 21
Workers' Compensation 26,30
53
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Principle Labor Agreement
Between
and
Connecticut Chapter,
National Electrical Contractors Association, Inc.
Article I 3
Effective Date, Changes, Grievances, Disputes
Article II 5
Employer Rights, Union Rights
Article III 8
Hours, Wages, Working Conditions
Article IV 15
Referral Procedure
Article V 20
Apprenticeship and Training
Article VI 24
Employee’s Benefit Funds
Article VII 29
Safety, NEIF Clause, Employers Recognition
Article VIII 30
Bonding
Article IX 36
Substance Abuse Language
Article X 36
Code of Excellence
Article XI 37
Signature Page
Attachment A 38
Attachment B 39
Attachment C 40
2
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Principal Labor Agreement
It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this
Agreement.
As used hereinafter in this Agreement, the term “Chapter” shall mean the Connecticut
Chapter of NECA, and the term “Union” shall mean Local Union No. 35, I.B.E.W.
The term “Employer” shall mean an individual firm who has been recognized by an
assent to this Agreement.
Basic Principals
The Employer and the Union have a common and sympathetic interest in the Electrical
Industry. Therefore, a working system and harmonious relations are necessary to
improve the relationship between the Employer, the Union and the Public. Progress in
industry demands a mutuality of confidence between the Employer and the Union. All
will benefit by continuous peace and by adjusting any differences by rational common
sense methods. Now, therefore, in consideration of the mutual promises and
agreements herein contained, the parties hereto agree as follows.
Article I
Effective Date – Changes – Grievances - Disputes
Section 1.01 This agreement shall take effect June 1, 2014, and shall remain in effect
until May 31, 2018 unless otherwise specifically provided for herein. It shall continue in
effect from year to year thereafter, from June 01, through May 31 of each year, unless
changed or terminated in the way later provided herein.
Section 1.02 (a) Either party or an Employer withdrawing representation from the
Chapter or not represented by the Chapter, desiring to change or terminate this
agreement must provide written notification at least 90 days prior to the expiration date
of the Agreement or any anniversary date occurring thereafter.
(b) Whenever notice is given for changes, the nature of the changes desired must be
specified in the notice, or no later than the first negotiating meeting unless mutually
agreed otherwise.
(c) The existing provisions of the agreement, including this Article, shall remain in full
force and effect until a conclusion is reached in the matter of proposed changes.
3
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(d) Unresolved issues or disputes arising out of the failure to negotiate a renewal or
modification of this agreement that remain on the 20th of the month preceding the next
regular meeting of the Council on Industrial Relations for the Electrical Contracting
Industry (CIR) may be submitted jointly or unilaterally to the Council for adjudication.
Such unresolved issues or disputes shall be submitted no later than the next regular
meeting of the Council following the expiration date of this agreement or any
subsequent anniversary date. The Council’s decision shall be final and binding.
(e) When a case has been submitted to the Council, it shall be the responsibility of the
negotiating committee to continue to meet weekly in an effort to reach a settlement on
the local level prior to the meeting of the Council.
(f) Notice of a desire to terminate this Agreement shall be handled in the same manner
as a proposed change.
Section 1.03 This Agreement shall be subject to change or supplement at any time by
mutual consent of the parties hereto. Any such change or supplement agreed upon
shall be reduced to writing, signed by the parties hereto, and submitted to the
International Office of the IBEW for approval, the same as this Agreement.
Section 1.04 There shall be no stoppage of work either by strike or lockout because of
any proposed changes in this Agreement or dispute over matters relating to this
Agreement. All such matters must be handled as stated herein.
Section 1.06 All grievances or questions in dispute shall be adjusted by the duly
authorized representatives of each of the parties to this Agreement. In the event that
these two are unable to adjust any matter within 48 hours, they shall refer the same to
the Labor-Management Committee.
Section 1.07 All matters coming before the Labor-Management Committee shall be
decided by majority vote. Four members of the Committee, two from each of the parties
hereto, shall be a quorum for the transaction of business, but each party shall have the
right to cast the full vote of its membership and it shall be counted as though all were
present and voting.
4
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 1.08 Should the Labor-Management Committee fail to agree or to adjust any
matter, such shall then be referred to the Council on Industrial Relations for the
Electrical Contracting Industry for adjudication. The Council’s decision shall be final and
binding.
Section 1.09 When any matter in dispute has been referred to conciliation or
arbitration for adjustment, the provisions and conditions prevailing prior to the time such
matter arose shall not be changed or abrogated until agreement has been reached or a
ruling has been made.
Article II
Employer Rights - Union Rights
Section 2.01 Any electrician while employed as a contractor operating under the terms
of this Agreement shall not perform electrical contracting work.
Section 2.02 The Union agrees that if, during the life of this Agreement, it grants to
any other Employer in the Electrical Contracting Industry on work covered by this
Agreement, any better terms or conditions than those set forth in this Agreement, such
better terms or conditions shall be made available to the Employer under this
Agreement and the Union shall immediately notify the Employer of any such
concessions.
Section 2.03 The Employer recognizes the Union as the exclusive representative of all
its employees performing work within the jurisdiction of the Union for the purposes of
collective bargaining in respect to rates of pay, wages, hours of employment and other
conditions of employment. All employees covered by this Agreement who are members
of the Union on the effective date of this Agreement, shall as a condition of employment,
maintain their membership in the Union during the term of this Agreement and all
employees who become members of the Union shall as a condition of employment,
maintain their membership in the Union during the term of this Agreement from and
after the thirty-first day following their employment or the effective date of this
Agreement, whichever is later.
Section 2.04 Certain qualifications, including but not limited to the following
knowledge, experience and financial responsibility are required of everyone desiring to
be an Employer in the Electrical Industry. An Employer who contracts for electrical work
must be a person, firm or corporation maintaining a permanent place of business. This
place of business shall not be connected with or be a part of domestic or residential
5
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
establishment with a business telephone and open to the public during normal business
hours. It is further understood that an Employer is an individual, partnership or
corporation, or is a full time Executive Employee, engaged in Electrical Contracting
within the jurisdiction of Local Union #35. The Employer must have a suitable financial
status to meet payroll requirements and must meet compensation requirements and
must employ not less than one (1) Journeyman continuously. The Employer may work
with the tools in the capacity of a Journeyman-Wireman, in certain instances and in
case of an employer partnership only one partner will be allowed to work with tools.
Section 2.05 The Union understands the Employer is responsible to perform the work
required by the owner. The Employer shall, therefore, have no restrictions, except
those specifically provided for in the collective bargaining agreement, in planning,
directing, and controlling the operation of all his work, in deciding the number and kind
of employees to properly perform the work, in hiring and laying off employees, in
transferring employees from job to job within the Local Union’s geographical jurisdiction,
in determining the need and number as well as the person who will act as Foreman, in
requiring all employees to observe the Employer’s and/or owner’s rules and regulations
not inconsistent with this Agreement, in requiring all employees to observe all safety
regulations, and in discharging employees for proper cause.
Section 2.06 For all employees covered by this Agreement, the Employer shall carry
Workmen’s Compensation Insurance with a company authorized to do business in the
State of Connecticut, Social Security and such other protective insurance as may be
required by the laws of the State of Connecticut and shall furnish satisfactory proof of
such to the Union through filing with the Union annually, photostat copies of protective
insurance along with proof of payment of such insurance. The individual Employer shall
also make contributions to the Connecticut Unemployment Compensation Commission.
Additionally, all vehicles that are owned, leased, or used by the Employer shall be
insured. The Employer shall also furnish to the Union a certificate of Insurance for
coverage of such employees.
Section 2.07 The Union reserves the right to discipline its members for violation of its
laws, rules, and agreements.
Section 2.08 This Agreement does not deny the right of the Union or its
representatives to render assistance to other labor organizations by removal of its
members from jobs when necessary and when the Union or its proper representative
decide to do so; but no removal shall take place until notice is first given to the
Employer involved.
6
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 2.09 When such a removal takes place, the Union or its representatives shall
direct the workmen on such jobs to carefully put away all tools, material, equipment or
any other property of the Employer in a safe manner. The Union will be financially
responsible for any loss to the Employer for neglect in carrying out this provision, but
only when a safe place is provided for these by the Employer.
Section 2.11 The Local Union is a part of the International Brotherhood of Electrical
Workers and any violation or annulment by an individual Employer of the approved
Agreement of this or any other Local Union of the IBEW, other than violations of
Paragraph 2 of this Section, will be sufficient cause for the cancellation of this
Agreement by the Local Union after a finding has been made by the International
President of the Union that such a violation or annulment has occurred.
Section 2.12 Except for the license fee that may be required of Journeyman
Electricians by the State of Connecticut, the Employer agrees to reimburse the
employee for the cost of any other license necessary to enable him to perform work for
the Employer in other cities or towns within the jurisdiction of the Union and for renewals
when work for the Employer extends beyond the expiration of original license.
7
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 2.13 (a) The Union has the right to appoint a Steward to any shop, or on any
job where workmen are employed under the terms of this Agreement. The Steward
shall be assigned regular working duties by the Employer. Under no circumstances
shall the Steward be discriminated against by any Employer or his representative for the
faithful performance of his duties as Steward. The Union agrees that, when such
Steward is appointed or changes, the Employer shall be notified in writing, stating the
Steward’s name and shop, or job to which he is appointed. The Employers will notify
the Local Union Business Manager eight (8) working hours prior to termination or
transfer of a Steward.
(b) The Job Steward, appointed by the Business Manager shall be the last journeyman
wireman on the job, with the exception of the job foreman or employees working for the
shop prior to start of job.
Article III
Hours, Wages, Working Conditions
Section 3.01(a) A day’s work shall consist of eight (8) hours, Monday through Friday,
between the hours of 8:00 a.m. and 12:00 noon and 12:30 p.m. to 4:30 p.m. There will
be one-half hour for lunch from 12:00 to 12:30 p.m., except when necessary to perform
essential work between 12:00 noon to 12:30 p.m. Any essential work performed during
any lunch period shall be paid at the overtime rate of pay.
(b) On any project when the job conditions dictate a change in the established starting
time, (Section 3.01(a)) the contractor and the union shall mutually agree to such
change.
If the work schedule change cannot be mutually agreed to between the parties of this
Agreement, the hours defined in the Agreement shall prevail.
(c) When so elected by the contractor, multiple shifts of eight (8) hours for at least
five (5) days' duration may be worked. When two (2) or three (3) shifts are worked:
The first shift (day shift) shall consist of eight (8) consecutive hours worked between the
hours of 8:00 A.M. and 4:30 P.M. Workmen on the "day shift" shall be paid at the
regular hourly rate of pay for all hours worked.
The second shift (swing shift) shall consist of eight consecutive hours worked between
the hours of 4:30 P.M. and 1:00 A.M. Workmen on the "swing shift" shall be paid at the
regular hourly rate of pay plus 10% for all hours worked.
The third shift (graveyard shift) shall consist of eight (8) consecutive hours worked
between the hours of 12:30 A.M. and 9:00 A.M. Workmen on the "graveyard shift" shall
be paid at the regular hourly rate of pay plus 20% for all hours worked.
8
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The Employer shall be permitted to adjust the starting hours of the shift by up to two (2)
hours in order to meet the needs of the customer.
If the parties to the Agreement mutually agree, the shift week may commence with the
third shift (graveyard shift) at 12:30 A.M. Monday to coordinate the work with the
customer's work schedule. However, any such adjustment shall last for at least five (5)
consecutive days’ duration unless mutually changed by the parties to this agreement.
An unpaid lunch period of thirty (30) minutes shall be allowed on each shift. All
overtime work required before the established start time and after the completion of
eight (8) hours of any shift shall be paid at one and one-half times the "shift" hourly rate.
There shall be no pyramiding of overtime rates and double the straight rate shall be the
maximum compensation for any hour worked. There shall be no requirement for a day
shift when either the second or third shift is worked.
Section 3.02 (Overtime) No overtime shall be paid until 40 hours in the work week or
10 continuous hours in the work day have been worked.
Overtime Monday through Saturday shall be paid at one and one-half (1 ½) times the
regular straight time rate of pay. Sundays and the following holidays: New Year’s Day,
Good Friday, Memorial Day, Fourth of July, Labor Day, Armistice Day, Thanksgiving
Day, Christmas or days celebrated as such shall be paid at double the straight time rate
of pay. On all individual jobs where work can be performed by the electricians on a day
prior to or day following a holiday or on days celebrated as such, decision to close the
job shall be determined by mutual agreement between the Union and the Employer.
An employee who has worked a minimum of 10 work days for the employer and
provides the employer with 24 hour advance written notice outlining the reason
(absence) why they cannot work a day during the normal workweek will be eligible to
work any overtime that may be offered during that work week and receive pay at the
appropriate overtime rate. The employee is allowed 2 absences during the calendar
year.
Section 3.03 No overtime work shall be performed on any job except in the case of
emergency. When overtime is required, the Union Office will be notified as soon as
possible.
9
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 3.04(a) The minimum rate of wages:
The posted rate for prevailing wages projects will be held (All Non-PLA projects after
June 1, 2005).
NOTE: Ninety (90) days’ notice required if any monies are diverted to any of the legally
established funds.
(b) Foreman: not less than $1.75 per hour above Journeyman’s rate
General Foreman: not less than $2.50 per hour above the Journeyman’s rate
(c) The Employer, with consent of the Business Manager, shall have the option to call
for a Foreman by name. Such employee(s) shall not receive less than Foreman’s
rate of pay.
The same ratio applies to General Foremen and Foreman after 30 Journeymen on any
one job.
(e) All Apprentices, Journeymen, Foremen, and General Foremen employed on any job
within the jurisdiction of Local Union #35, I.B.E.W. shall receive no less than the rate of
wages set forth in this Agreement.
(f) Apprentices shall be paid at the following percentages of the prevailing rate paid
Journeymen in the area covered by these standards.
10
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Refer to “Attachment B” for Apprentice Wage & Benefit Schedule Prior to June 1,
2010
Refer to “Attachment C” for Apprentice Wage & Benefit Schedule For new classes
commencing June 1, 2010
Upon completion of five (5) year apprenticeship program, the apprentice shall receive
the Journeyman’s hourly rate of pay.
Section 3.05 (a) The payroll week shall be from 12:01 a.m. Sunday to 12:00 midnight
Saturday of each week and Thursday of each week shall be payday and each and
every employee shall receive his pay and be paid in full (including any all monies due)
on payday, Thursday, no later than 4:30 p.m.
In the event that Thursday is a holiday or a day celebrated as such, then each and
every employee shall receive his pay and be paid in full, (including any and all monies
due) no later than 4:30 p.m., on the Wednesday that immediately precedes such
payday (Thursday), that is a holiday or celebrated as such.
(b) Any employee not having received his pay in full, including any and all monies due
on payday Thursday, as herein required, shall be paid “Waiting Time”
at the straight time hourly rate, until payment is made.
(c) In the event any employee is laid off, terminated and/or discharged by the
Employer, such employee shall immediately receive all his pay and be paid in full,
including any and all monies due. In the event such employee is not paid as herein
required above, the Employer shall be charged “Waiting Time” at the straight time
hourly rate, until such payment is made.
(d) The Employer shall have the option to require all employees to accept payment of
wages via direct deposit. In the event an employee is laid off, the final payroll shall be
paid by paper check so that all monies are received in full.
Section 3.06 (a) If any employee is requested to use his vehicle to transfer from one
job to another during the working day, he shall be reimbursed at the rate of twenty five
(.25) per mile.
(b) No employee employed under the terms of this Agreement shall use any
automobile, motorcycle, and/or any other vehicle that is loaned, owned, or leased by
such employee or any other employee, for the purpose of lifting, moving, conveying
and/or transporting material, equipment or any employee to the job-site, on the job-site,
or from one job-site to another.
11
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 3.07 Any man reporting for work and being laid off, not having been notified
the day previous of such layoff, shall receive not less than four (4) hours wages in order
to gather his tools and personal belongings and shall be laid off immediately. In the
event the employee is not paid off, waiting time at the regular rate shall be charged until
payment is made.
Section 3.08 (a) When employees report to a job and cannot start work at 8:00 a.m.
due to an Act of God, lack of materials, or other cause beyond their control, each
employee shall receive two (2) hours pay.
(b) After work starts, each employee will be guaranteed the scheduled full day pay,
unless discharged for proper cause.
Section 3.09 On all jobs requiring five (5) or more Journeymen, at least every fifth
Journeyman, if available, shall be fifty (50) years of age or older.
Section 3.10 (a) The Employer shall furnish to the employees, all bits, wrenches over
14 inches in length, ending tools, hack-saw blades, drills and taps, gasoline torches,
stock and dies, fishes, vises, safe ladders, time sheets and books, testing outfits,
flashlights, oil, alcohol for torches, raincoats and rubber boots, if required.
(b) Tools provided by the employee shall be, but not limited to the following:
Knife Plumbob
Rule (any type) Square
Pencil Hammer (claw type)
Pliers (cutting) Center punch
Pliers (adjustable) Long nose pliers
Screw drivers (all types) Awl
Diagonal pliers Small cold chisel
Crescent wrenches (up to 14”) Level (18” max)
Tool box Tri tap handle
Hack saw frame
Optional: Wiggins type voltage tester, capable of testing up to 600 volts AC/DC.
(c) Proper facilities shall be provided for the safekeeping of employees tools. This
would mean the replacing of such tools and at the expense of the Employer in the event
of fire, or theft by proven forcible entry, in which case the police must be notified.
(d) The Employer will furnish all necessary material and equipment for the full safety of
each and every Employee working in a Battery Room or Uninterrupted Power Supply
Room.
12
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 3.11 Workmen will be held responsible for the tools or equipment issued to
them providing the Employer furnishes the necessary lockers, tool boxes, and other
safe places for storage.
Section 3.12 Workmen shall install all electrical work in a safe and workmanlike
manner, and in accordance with applicable code and contract specifications.
Section 3.14 The representative of the Union shall be allowed access to any shop or
job where workmen are employed under the terms of this Agreement.
Section 3.15(a) The jurisdiction of the Union shall be defined on a map of Connecticut,
said map is on page 17a.
(b) For jobbing, an employee must be paid twenty five cents (.25) a mile for the use of
his vehicle from shop to job, job to job, or job to shop. This restricts him to transporting
only material that he may carry on a bus.
(c) Each employee is to be compensated for parking fees on all jobs at the rate of Two
Dollars ($2.00) per day, anywhere within the jurisdiction of Local Union No. 35, IBEW,
where free parking is not available, in close proximity to the jobsite. Any dispute arising
over this Section will be settled in accordance with Article I, Section 1.06 of this Labor
Agreement.
(d) Every individual Employer agrees in addition to his regular work to solicit and
perform residential, industrial and small types of electrical work including jobbing.
The Employer will continually endeavor to make available and increase the volume
of employment for electrical workers through salesmanship, enterprising business
methods, by being properly equipped to render efficient electrical services to the
community, by promoting and encouraging modern installations and aiding the industry
to educate the public of the need for improving electrical installations and expansion.
(e) For jobs located outside the jurisdiction of Local Union No. 35, the Employer shall
pay for traveling time within the jurisdiction of the Union, at the employee’s straight time
hourly rate of pay.
13
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 3.16 No traveling time shall be paid before and after working hours to
workmen for traveling to or from any job in the jurisdiction of the Union, when workmen
are ordered to report on the job.
Section 3.17 On all energized circuits or equipment carrying 440 volts or over, as a
safety measure, two or more journeymen must work together.
Section 3.18 The policy of the members of the Local Union is to promote the use of
materials and equipment manufactured, processed or repaired under economically
sound wage, hour and working conditions by their fellow members of the International
Brotherhood of Electrical Workers.
Section 3.19 On all jobs having a foreman, workmen are not to take directions or
orders, or accept the layout of anyone except their foreman.
Section 3.20 No foreman of one job shall act as foreman on another job during normal
working hours.
Section 3.21 All cutting and threading of conduits and all other than standard electrical
catalogue material; electrical material handling, conveying, and distribution shall be
done on the job or fabricated in the Employer’s shop located within the jurisdiction of the
Union by employees covered under the terms of this Agreement.
Section 3.22 Where pipe cutting and threading machine are used in the shop, such
shall be operated by a journeyman.
Section 3.23 If prewired fluorescent fixtures of the Lay-In Type are received with an
outlet box attached as part of the Manufacturer’s assembly, the field wiring will begin
at the outlet box. The outlet box shall be rigidly attached to the body of the fixture by
the manufacturer, using either screws, bolts, spot weld, a chase or a pipe nipple. It is
not the intent to expand the method of attachment of the box to the fixture by the
manufacturer to permit the use of BX Cable or Greenfield, nor is it the intent to
recognize a BX box connector to be installed in the fixture in lieu of an outlet box.
14
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 3.24 (a) Under no circumstances shall the Employer dismiss or otherwise
discriminate against an employee for making a complaint or giving evidence with
respect to an alleged violation of any provision of this Agreement.
(b) The Employer will not discriminate against any employee with regard to training,
upgrading, promotion, transfer, layoff, discipline, discharge or otherwise because of
race, creed, national origin, color, sex, age, political affiliation, membership in any
labor organization and/or membership in any other lawful organization.
Section 3.25 This Agreement shall apply to all work performed within the jurisdiction
of Local Union #35, IBEW.
Section 3.26 When tool room or stock room employees are required, on the job, a
Journeyman Wireman will be employed in the position.
Section 3.27 The Employer agrees to deduct and forward to the Financial Secretary
of the Local Union – upon receipt of a voluntary written authorization – the additional
working dues from the pay of each IBEW member. The amount to be deducted shall be
the amount specified in the approved Local Union ByLaws. Such amount shall be
certified to the Employer by the Local Union upon request by the Employer.
Section 3.28 Employer agrees to deduct from payroll, upon receipt of a voluntary
written authorization card, the employee’s credit union deduction and forward same to
CONNEX Credit Union once a week.
Article IV
Referral Procedure
15
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 4.02 The Union shall be the sole and exclusive source of referral of applicants
for employment.
Section 4.03 The Employer shall have the right to reject any applicant for employment.
Section 4.04 The Union shall select and refer applicants for employment without
discrimination against such applicants by reason of membership or non-membership in
the Union and such selection and referral shall not be affected in any way by rules,
regulations, by-laws, constitutional provisions or any other aspect or obligation of Union
membership policies or requirements. All such selection and referral shall be in accord
with the following procedure.
Section 4.05 The Union shall maintain a register of applicants for employment
established on the basis of the Groups listed below. Each applicant for employment
shall be registered in the highest priority Group for which he qualifies.
Group I All applicants for employment who have four or more years’ experience in the
trade, are residents of the geographical area constituting the normal construction labor
market, have passed a Journeyman Wireman’s examination given by a duly constituted
Inside Construction Local Union of the IBEW or have been certified as a Journeyman
Wireman by any Inside Joint Apprenticeship and Training Committee, and, who have
been employed in the trade for a period of at least six months in the last four years in
the geographical area covered by the collective bargaining agreement.
Group I status shall be limited to one Local Union at one time. An applicant who
qualifies for Group I in a local union shall be so registered electronically and remain on
Group I in that local union unless and until the applicant designates another local union
as his or her Group I local union. If an applicant qualifies for Group I status in a local
union other than his or her home local union and designates that local as his or her
Group I local union, the business manager of the new Group I status local union shall by
electronic means notify the business manager of the applicant’s former Group I status
local union.
Group II All applicants for employment who have four or more years’ experience in the
trade and who have passed a Journeyman Wireman’s examination given by a duly
constituted Inside Construction Local Union of the IBEW or have been certified as a
Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee.
Group III All applicants for employment, who have two or more years’ experience in
the trade, are residents of the geographical area constituting the normal construction
16
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
labor market, and who have been employed for at least six months in the last three
years in the geographical area covered by the collective bargaining agreement.
Group IV All applicants for employment who have worked at the trade for more than
one year.
Section 4.06 If the registration list is exhausted and the Local Union is unable to refer
applicants for employment to the Employer within 48 hours from the time of receiving
the Employer’s request, Saturdays, Sundays and holidays excepted, the Employer shall
be free to secure applicants without using the Referral Procedure but such applicants, if
hired, shall have the status of “temporary employees”.
Section 4.07 The Employer shall notify the Business Manager promptly of the names
and Social Security numbers of such “temporary employees” and shall replace such
“temporary employees” as soon as registered applicants for employment are available
under the Referral Procedure.
Section 4.08 “Normal Construction Labor Market” is defined to mean the following
geographical area plus the commuting distance adjacent thereto which includes the
area from which the normal labor supply is secured.
State of Connecticut:
The above geographical area is agreed upon by the parties to include the areas defined
by the Secretary of Labor to be the appropriate prevailing wage area under the Davis-
Bacon Act to which this Agreement applies.
17
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 4.09 “Resident” means a person who has maintained his permanent home in
the above defined geographical area for a period of not less than one year or who,
having had a permanent home in this area, has temporarily left with the intention of
returning to this area as his permanent home.
Section 4.11 The Union shall maintain an “Out of Work List” which shall list the
applicants within each Group in chronological order of the dates they register their
availability for employment.
Section 4.12 An Applicant who has registered on the “Out of Work List” must renew
his application every thirty (30) days or his name will be removed from the list.
Section 4.13 An applicant who is hired and who receives, through no fault of his own,
work of forty (40) hours or less, shall, upon re-registration, be restored to his appropriate
place within his group.
Section 4.14(a) Employers shall advise the Business Manager of the Local Union of
the number of applicants needed. The Business Manager shall refer applicants to the
Employer by first referring applicants in Group I in the order of their place on the “Out of
Work List” and then referring applicants in the same manner successively from the “Out
of Work List” in Group II, then Group III, and then Group IV. An applicant who is
rejected by the Employer shall be returned to his appropriate place within his group and
shall be referred to other employment in accordance with the position of his group and
his place within the group.
(b) Repeated Discharge – An applicant who is discharged for cause two times
within a 12-month period shall be referred to the neutral member of the Appeals
Committee for a determination as to the applicant’s continued eligibility for referral. The
neutral member of the Appeals Committee shall, within three business days,
review the qualifications of the applicant and the reasons for the discharges. The
neutral member of the Appeals Committee may, in his or her sole discretion: (1) require
the applicant to obtain further training from the JATC before again being eligible for
18
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
referral; (2) disqualify the applicant for referral for a period of four weeks or longer
depending on the seriousness of the conduct and/or repetitive nature of the conduct;
(3) refer the applicant to an employee assistance program, if available, for evaluation
and recommended action; or (4) restore the applicant to his/her appropriate place on
the referral list.
Section 4.15 The only exceptions which shall be allowed in this order of referral are as
follows:
(a) When the Employer states bona fide requirements for special skills and abilities in
his request for applicants, the Business Manager shall refer the first applicant on the
register possessing such skills and abilities.
(b) The age ratio clause in the Agreement calls for the employment of an additional
employee or employees on the basis of age. Therefore, the Business Manager shall
refer the first applicant on the register satisfying the applicable age requirements
provided, however, that all names in higher priority groups, if any, shall first be
exhausted before such overage reference can be made.
Section 4.17 It shall be the function of the Appeals Committee to consider any
complaint of any employee or applicant for employment arising out of the administration
by the Local Union of Section 4.04 through 4.15 of this Agreement. The Appeals
Committee shall have the power to make a final and binding decision on any such
complaint which shall be complied with by the Local Union. The Appeals Committee is
authorized to issue procedural rules for the conduct of its business, but it is not
authorized to add to, subtract from, or modify any of the provisions of this Agreement
and its decision shall be in accord with this Agreement.
Section 4.18 A representative of the Employer or the Association, as the case may be,
designated to the Union in writing, shall be permitted to inspect the Referral Procedure
records at any time during normal business hours.
Section 4.19 A copy of the Referral Procedure set forth in this Agreement, shall be
posted on the bulletin board in the offices of the Local Union and in the offices of the
Employers who are parties to this Agreement.
19
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 4.20 Apprentices shall be hired and transferred in accordance with the
apprenticeship provision of the Agreement between the parties.
Section 4.21 When reductions in the number of employees due to lack of work,
Employers shall use the following procedure:
(a) Temporary employees, if any are employees, shall be laid off first. Then
employees in Group IV shall be laid off next, if any are employed in this group. Next to
be laid off are employees in Group III, if any are employed in this group, then those in
Group II, and then those in Group I.
(b) Paragraph (a) will not apply as long as the special skill requirements as provided
for in Section 4.15 (a) is required.
(c) Supervisory employees covered by the terms of this Agreement will be excluded
from layoff as long as they remain in a supervisory capacity. When they are reduced to
the status of Journeyman, they will be slotted in the appropriate group in paragraph (a)
above.
Section 4.22 Journeyman Recall - An employer shall have the right to recall for
employment any former employee that the employer has laid off, provided that
1. The recall is made within 45 calendar days from the time of layoff
4. An employee may be recalled one time during the calendar year by the same
employer
Article V
Apprenticeship and Training
20
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 5.01 There shall be a local Joint Apprenticeship and Training Committee
(JATC) consisting of a total of either 6 or 8 members who shall also serve as Trustees
to the local apprenticeship and training trust. An equal number of members (either 3 or
4) shall be appointed, in writing, by the local chapter of the National Electrical
Contractors Association (NECA) and the local union of the International Brotherhood of
Electrical Workers (IBEW).
The JATC shall be responsible for the training of apprentices, journeymen, installers,
technicians, and all others (unindentured, intermediate journeymen, etc.)
The JATC shall select from its membership, but not both from the same party, a
Chairman and a Secretary who shall retain voting privileges. The JATC will maintain
one (1) set of minutes for JATC committee meetings and a separate set of minutes for
Trust meetings.
The JATC should meet on a monthly basis, and also upon the call of the Chairman.
Section 5.04 There shall be only one (1) JATC and one (1) local apprenticeship and
training trust. The JATC may, however, establish joint subcommittees to meet specific
needs, such as residential or telecommunication apprenticeship. The JATC may also
establish a subcommittee to oversee an apprenticeship program within a specified area
of the jurisdiction covered by this agreement.
All subcommittee members shall be appointed, in writing, by the party they represent. A
subcommittee member may or may not be a member of the JATC.
21
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 5.05 The JATC may select and employ a part-time or a full-time Training
Director and other support staff, as it deems necessary. In considering the
qualifications, duties and responsibilities of the Training Director, the JATC should
review the Training Director’s Job Description provided by the NJATC. All employees
of the JATC shall serve at the pleasure and discretion of the JATC.
Section 5.06 To help ensure diversity of training, provide reasonable continuous
employment opportunities and comply with apprenticeship rules and regulations, the
JATC, as the program sponsor, shall have full authority for issuing all job training
assignments and for transferring apprentices from one employer to another. The
employer shall cooperate in providing apprentices with needed work experiences.
The local union referral office shall be notified, in writing, of all job training assignments.
If the employer is unable to provide reasonable continuous employment for apprentices,
the JATC is to be so notified.
Section 5.07 All apprentices shall enter the program through the JATC as provided for
in the registered apprenticeship standards and selection procedures.
An apprentice may have their indenture canceled by the JATC at any time prior to
completion as stipulated in the registered standards. Time worked and accumulated in
apprenticeship shall not be considered for local union referral purposes until the
apprentice has satisfied all conditions of apprenticeship. Individuals terminated from
apprenticeship shall not be assigned to any job in any classification, or participate in any
related training, unless they are reinstated in apprenticeship as per the standards, or
they qualify through means other than apprenticeship, at sometime in the future, but no
sooner than two years after their class has completed apprenticeship, and they have
gained related knowledge and job skills to warrant such classification.
Section 5.08 The JATC shall select and indenture a sufficient number of apprentices
to meet local manpower needs. The JATC is authorized to indenture the number of
apprentices necessary to meet the job site ratio as per Section 5.12.
Section 5.09 Though the JATC cannot guarantee any number of apprentices; if a
qualified employer requests an apprentice, the JATC shall make every effort to honor
the request. If unable to fill the request within ten (10) working days, the JATC shall
select and indenture the next available person from the active list of qualified applicants.
An active list of qualified applicants shall be maintained by the JATC as per the
selection procedures.
22
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
apprenticeship. Unindentured workers shall not remain employed if apprentices become
available for OJT assignment. Unindentured workers shall be used to meet job site
ratios except on wage and hour (prevailing wage) job sites.
Before being employed, the unindentured person must sign a letter of understanding
with the JATC and the employer - agreeing that they are not to accumulate more than
two thousand (2,000) hours as an unindentured, that they are subject to replacement by
indentured apprentices and that they are not to work on wage and hour (prevailing
wage) job sites.
Should an unindentured worker be selected for apprenticeship, the JATC will determine,
as provided for in the apprenticeship standards, if some credit for hours worked as an
unindentured will be applied toward the minimum OJT hours of apprenticeship.
The JATC may elect to offer voluntary related training to unindentured; such as Math
Review, English, Safety, Orientation / Awareness, Introduction to OSHA, First-Aid and
CPR. Participation shall be voluntary.
Section 5.11 The Employer shall contribute to the local health and welfare plans and
to the National Electrical Benefit Fund (NEBF) on behalf of all apprentices and
unindentured. Contributions to other benefit plans may be addressed in other sections
of this agreement.
Section 5.12 Each job site shall be allowed a ratio of two (2) Apprentices for every
three (3) Journeyman Wiremen.
The first person assigned to any job site shall be a Journeyman Wireman.
A job site is considered to be the physical location where employees report for their
work assignments. The employer’s shop (service center) is considered to be a separate,
single job site. All other physical locations where workers report for work are each
considered to be a single, separate job site.
23
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
based on their evaluation of the apprentice’s skills and ability to perform the job tasks.
Apprentices shall be permitted to perform job tasks in order to develop job skills and
trade competencies. Journeymen are permitted to leave the immediate work area
without being accompanied by the apprentice.
Apprentices who have satisfactorily completed the first four years of related classroom
training using the NJATC curriculum and accumulated a minimum of 6,500 hours of
OJT with satisfactory performance, shall be permitted to work alone on any job site and
receive work assignments in the same manner as a Journeyman Wireman.
An apprentice shall not be the first person assigned to a job site and apprentices shall
not supervise the work of others.
Section 5.14 Upon satisfactory completion of apprenticeship, the JATC shall issue all
graduating apprentices an appropriate diploma from the NJATC. The JATC shall
encourage each graduating apprentice to apply for college credit through the NJATC.
The JATC may also require each Apprentice to acquire any electrical license required
for journeymen to work in the jurisdiction covered by this Agreement.
Section 5.15 The parties to this agreement shall be bound by the Local Joint
Apprenticeship and Training Trust Fund Agreement which shall conform to Section 302
of the Labor-Management Relations Act of 1947 as amended, ERISA and other
applicable regulations.
The Trustees authorized under this Trust Agreement are hereby empowered to
determine the reasonable value of any facilities, materials or services furnished by
either party. All funds shall be handled and disbursed in accordance with the Trust
Agreement.
Section 5.16 All Employers subject to the terms of this Agreement shall contribute
the amount of funds specified by the parties signatory to the local apprenticeship and
training trust agreement. The current rate of contribution is stated in the “Attachment
A”. This sum shall be due the Trust Fund by the same date as is their payment to the
NEBF under the terms of the Restated Employees Benefit Agreement and Trust.
Article VI
Employee Benefit Funds
Section 6.01 It is agreed that in accord with the Employees Benefit Agreement
24
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
of the National Electrical Benefit Fund (“NEBF”), as entered into between the National
Electrical Contractors Association and the International Brotherhood of Electrical
Workers on September 3, 1946, as amended, and now delineated as the Restated
Employees Benefit Agreement and Trust, that unless authorized otherwise by the NEBF
the individual Employer will forward monthly to the NEBF’s designated local collection
agent in the amount equal to 3% of the gross monthly labor payroll paid to, or accrued
by, the employees in this bargaining unit, and a completed payroll report prescribed by
the NEBF. The payment shall be made by check or draft and shall constitute a debt
due and owing to the NEBF on the last day of each calendar month, which may be
recovered by a suit initiated by the NEBF or its assignee. The payment and the payroll
report shall be mailed to reach the office of the appropriate local collection agent not
later than fifteen (15) calendar days following the end of each calendar month.
The individual Employer hereby accepts, and agrees to be bound by, the Restated
Employees Benefit Agreement and Trust.
An individual Employer who fails to remit as provided above shall be additionally subject
to having his agreement terminated upon seventy two (72) hours’ notice in writing being
served by the Union, provided that individual Employer fails to show satisfactory proof
that the required payments have been paid to the appropriate local collection agent.
The failure of an individual Employer to comply with the applicable provisions of the
Restated Employees Benefit Agreement and Trust shall also constitute a breach of this
Labor Agreement.
Section 6.02 It is mutually agreed between the parties hereto that the Employer shall
contribute the sum stated in the “Attachment A” to the Collective Bargaining
Agreement per man, per hour worked. The Employer shall remit such amount monthly
to the Trustee for the Hospital Medical Benefit Fund, established by the Declaration of
Trust dated May 1954, as amended, including any and all subsequent amendments
thereto.
Section 6.03 Pension Fund is hereby established effective May 1, 1962, for the
purpose of providing local pension to electricians working under the terms of this
Agreement. It is mutually agreed between the parties hereto that the Employer will
contribute the sum stated in the “Attachment A” to the Collective Bargaining
Agreement per man, per hour, for each straight time hour worked. Where overtime is
involved, the sum stated in the “Attachment A” to the Collective Bargaining Agreement
will be multiplied by the applicable overtime rate. The Employer shall remit such
amount in the manner and way as provided for and required in this Collective
Bargaining Agreement.
Section 6.04 An Annuity Fund is hereby established effective June 1, 1980, for the
purpose of providing an annuity to employees working under the terms of this
Agreement and for other employees as provided for in the Annuity Declaration of Trust
Instrument. Employers shall contribute the sum stated in the “Attachment A” to the
25
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Collective Bargaining Agreement per man, per hour, for each straight time hour worked.
Where overtime is involved, the sum stated in the “Attachment A” to the Collective
Bargaining Agreement will be multiplied by the applicable overtime hourly rate. The
Employers shall remit such amount in a manner and way as provided for and required in
this Collective Bargaining Agreement to the Trustees of the Annuity Fund established by
a Declaration of Trust, as amended, including any and all amendments thereto.
2. to provide workers and Employers with opportunities to study and explore new
and innovative approaches to achieving organizational effectiveness;
4. to study and explore ways of eliminating potential problems which reduce the
competitiveness and inhibit the economic development of the electrical
construction industry;
5. to sponsor programs which improve job security, enhance economic and community
development, and promote the general welfare of the community and industry;
Section 6.05(a) The Fund shall function in accordance with, and as provided in, its
Agreement and Declaration of Trust and any amendments thereto and any other of its
governing documents. Each Employer hereby accepts, agrees to be bound by, and
shall be entitled to participate in the LMCC, as provided in said Agreement and
Declaration of Trust.
26
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 6.05(b) Each Employer shall contribute the sum stated in the “Attachment
A” to the Collective Bargaining Agreement. Payment shall be forwarded monthly, in a
form and manner prescribed by the Trustees, no later than fifteen (15) calendar days
following the last day of the month in which the labor was performed. The Connecticut
Chapter, NECA, or its designee, shall be the collection agent for this Fund.
Section 6.05(c) If an Employer fails to make the required contributions to the Fund,
the Trustees shall have the right to take whatever steps are necessary to secure
compliance. In the event the Employer is in default, the Employer shall be liable for a
sum equal to 15% of the delinquent payment, but not less than the sum of twenty
dollars ($20), for each month payment of contributions is delinquent to the Fund, such
amount being liquidated damages, and not a penalty, reflecting the reasonable
damages incurred by the Fund due to the delinquency of the payments. Such amount
shall be added to and become a part of the contributions due and payable, and the
whole amount due shall bear interest at the rate of ten percent (10%) per annum until
paid. The Employer shall also be liable for all costs of collecting the payment together
with attorneys’ fees.
The Fund shall be administered solely by the Association and shall be utilized to pay for
the Association’s cost of the labor contract administration including negotiations, labor
relations, disputes and grievance representation performed on behalf of signatory
Employers. In addition, all other administrative functions required of management such
as service on all funds as required by federal law.
The AMF contribution shall be submitted with all other benefits as delineated in the
Labor Agreement by the fifteenth (15th) of the following month in which they are due to
the administrator receiving funds. In the event any Employer is delinquent in submitting
the required Administrative Maintenance Fund to the designated administrator, the
administrator shall have the authority to recover any funds along with any attorney fees,
court costs, interest at one percent (1%) per month and liquidated damages receiving
such funds. The enforcement for the delinquent payments to the Fund shall be the sole
responsibility of the Fund or the Employer, not the Local Union. These monies shall not
be used to the detriment of the IBEW or the Local Union.
27
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Management Relations Act, 29 U.S.C. 186(c)(9). The purposes of this Fund include the
following:
2. to provide workers and Employers with opportunities to study and explore new and
innovative joint approaches to achieving organizational effectiveness;
4. to study and explore ways of eliminating potential problems which reduce the
competitiveness and inhibit the economic development of the electrical construction
industry;
5. to sponsor programs which improve job security, enhance economic and community
development, and promote the general welfare of the community and the industry;
6. to encourage and support the initiation and operation of similarly constituted local
labor-management cooperation committees;
9. to enhance the involvement of workers in making decisions that affect their working
lives; and
10. to engage in any other lawful activities incidental or related to the accomplishment
of these purposes and goals.
Section 2 The Fund shall function in accordance with, and as provided in, its
Agreement and Declaration of Trust, and any amendments thereto and any other of its
governing documents. Each Employer hereby accepts, agrees to be bound by, and
shall be entitled to participate in the NLMCC, as provided in said Agreement and
Declaration of Trust.
Section 3 Each Employer shall contribute one cent (.01) per hour worked under this
Agreement up to a maximum of 150,000 hours per year. Payment shall be forwarded
monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15)
calendar days following the last day of the month in which the labor was performed.
The Connecticut Chapter, NECA, or its designee, shall be the collection agent for this
Fund.
28
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Section 4 If an Employer fails to make the required contributions to the Fund, the
Trustees shall have the right to take whatever steps are necessary to secure
compliance. In the event the Employer is in default, the Employer shall be liable for a
sum equal to 15% of the delinquent payment, but not less than the sum of twenty ($20),
for each month payment of contributions is delinquent to the Fund, such amount being
liquidated damages, and not a penalty, reflecting the reasonable damages incurred by
the Fund due to the delinquency of the payments. Such amount shall be added to and
become a part of the contributions due and payable, and the whole amount due shall
bear interest at the rate of ten percent (10%) per annum until paid. The Employer shall
also be liable for all costs of collecting the payment together with attorneys’ fees.
Section 5 Contributions to the Labor Management Cooperation Committee, as outlined
in Article VI, Section 6.05, shall fulfill the Employer’s obligation to the NLMCC.
Article VII
Section 7.01 As a safety and protective measure to eliminate hazard to life, limb, and
property, on all such jobs where temporary lights or power are used, work shall be done
by journeymen electrical workers. The installation, maintaining, connection, shifting, or
repairing of all wiring for temporary lighting, heating, power and other electric
equipment, on all such jobs shall be manned by the journeyman electricians employed
on the job. Any time before or after the regular working hours, any temporary lighting or
power in use, when deemed necessary by the Employer, or if performed by others, a
journeyman electrician on the job shall be paid at the applicable overtime rate.
Industry Fund
Section 7.02 Each Individual Employer shall contribute an amount not to exceed one
percent (1%) nor less than .2 of 1% of the productive electrical payroll, as determined
by each local Chapter and approved by the Trustees, with the following exclusions:
1. Twenty five percent (25%) of all productive electrical payroll in excess of 75,000
manhours paid for electrical work in any one Chapter area during any one calendar
year, but not exceeding 150,000 manhours.
2. One hundred percent (100%) of all productive electrical payroll in excess of 150,000
manhours paid for electrical work in any one Chapter area during any one calendar
year.
(Productive electrical payroll is defined as the total wages (including overtime) paid with
respect to all hours worked by all classes of electrical labor for which a rate is
established in the prevailing labor area where the business is transacted.)
29
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Payment shall be forwarded monthly to the National Electrical Industry Fund in a
form and manner prescribed by the Trustees no later than fifteen (15) calendar days
following the last day of the month in which the labor was performed. Failure to do so
will be considered a breach of this Agreement on the part of the individual Employer.
Employer’s Recognition
Section 7.03 The Employer agrees that, if it has not previously done so, it will
recognize the Union as the exclusive collective bargaining agent for all employees
performing electrical work within the jurisdiction of the Union on all present and future
jobsites, if and when a majority of the Employer’s employees authorizes the union to
represent them in collective bargaining.
Article VIII
Bonding
Comprehensive Payroll and Fringe Benefits
Collective Bargaining Agreement Bond
Section 8.01 Each individual Employer shall pay by Payroll Check and shall transmit
and provide to the full and complete satisfaction of the Union a Comprehensive
Payroll and Fringe Benefit Collective Bargaining Agreement Bond, hereinafter
also referred to as a “Payroll Payment Bond” and/or “Standard Bond Form”.
The Comprehensive Payroll and Fringe Benefit Collective Bargaining Agreement Bond
Form shall be furnished by the Union to each and every individual Employer. Under no
condition or circumstance, and with exception, shall the Union and/or Employer or their
agents, modify, deviate, alter, and/or change any language and/or term or condition
contained in the Comprehensive Payroll and Fringe Benefit Collective Bargaining
Agreement Bond and it shall be the only Bond used by the individual Employer which
shall be acceptable to the Union.
The Surety signatory to the Comprehensive Payroll and Fringe Benefit Collective
Bargaining Agreement Bond shall be an insurance company licensed and authorized to
engage in and conduct the business of insurance with the State of Connecticut.
The amount of the Comprehensive Payroll and Fringe Benefit Collective Bargaining
Agreement Bond must at all times be to the full and complete satisfaction of the Union.
Additionally, the amount of such Bond shall be sufficient and adequate to completely
insure and guarantee at all times at least two (2) times the gross weekly pay for each
and every employee of the individual Employer at any given time and eight (8) times
30
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
any and all other monetary payments, deductions, and/or contributions required of the
individual Employer, in accordance with this Labor Agreement and amendments
thereto, and/or any and all other Collective Bargaining and amendments thereto, to
which the individual Employer and Local Union No. 35, IBEW are signatory.
The Comprehensive Payroll and Fringe Benefit Collective Bargaining Agreement Bond
shall be sufficient and adequate at all times to insure and guarantee the prompt
payment of any and all other monies as required of the individual Employer in this Labor
Agreement, including but not limited to:
(a) Insuring and guaranteeing by Bond any and all payments for fringe benefits as
established and required of the individual Employer under this Labor Agreement.
(b) Insuring and guaranteeing by Bond any and all payments of all monies, deducted
from the pay of each and every individual employee by the Employer.
(c) Insuring and guaranteeing by Bond any and all payments of all monies, the
individual Employer is required to pay, whether deducted from or based on the gross
weekly and/or monthly payroll of the Employer.
Any individual Employer not having transmitted to the full and complete satisfaction of
the Union a Standard Bond Form, as hereinafter defined, shall be required to pay each
and every employee in United States currency and shall additionally, be required to
make on a weekly basis each and every payment for any deduction, contribution and/or
payment that is required under any Article and/or Section of this Labor Agreement, and
amendments thereto. The foregoing provisions shall also be applicable to any and all
current and/or subsequent payments, deductions and contributions that may be
required on an individual Employer by any and all Collective Bargaining Agreements
and amendments thereto, including any and all subsequent amendments hereto, which
the individual Employer and Local Union No. 35, IBEW are signatory.
Section 8.02 The following paragraphs (a), (b) and (c) apply to any and all Employers
who have not provided a Comprehensive Payroll and Fringe Benefits Collective
Bargaining Agreement Bond to the Union and who are therefore required to make any
and all payments weekly in U.S. currency.
(a) Such weekly deductions, contributions and/or payments shall be accompanied with
a complete copy of an Employer’s Weekly Payroll Report and shall simultaneously be
mailed, so as to reach the Financial Secretary of Local Union No. 35, IBEW and/or the
appropriate Fund Office no later than seven (7) days following the end of the
immediately preceding calendar payroll week.
(b) Any individual Employer that is delinquent in making any payment of any deduction
and/or contribution when due to the Trustees of the appropriate Fund and/or the
Financial Secretary of Local Union No. 35, IBEW or fails to pay in full, wages and other
31
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
compensation when due to an employee and/or delinquent in submitting a complete
weekly payroll report as required when due under this Labor Agreement, and
amendments thereto, and/or any and all other Collective Bargaining Agreements, and
amendments thereto which the individual Employer and Local Union No. 35, IBEW, are
signatory, shall be subject to a suit initiated by, including but not limited to, the Trustees
of the appropriate Fund and/or the Connecticut Chapter, National Electrical Contractors
Association, Inc., and/or Local Union No. 35, IBEW and/or the assignees of any and all
of the above parties. Additionally, any individual Employer that is delinquent in making
any deductions, contributions, and/or any payment when due and/or is delinquent in
submitting a complete weekly payroll report as required, when due and/or fails to pay in
full the wages, when due, including but not limited to, any other compensation due the
employee shall be liable for, including but not limited to, all court costs and all legal
expenses and attorney’s fees that are incurred to recover such monies due.
(c) Individual Employers who fail to remit when due, any and all deductions and
contributions, or fail to make full and complete payment of wages and any other
compensation to each and every employee, when due, or fail to forward a complete
Employee’s Weekly Payroll Report when due and/or any and all other payments as
required by this Labor Agreement and amendments thereto, and/or any and all other
Collective Bargaining Agreements and amendments thereto, to which the individual
Employer and Local Union No. 35, IBEW are signatory, shall be additionally subject to
having this Agreement terminated upon seventy-two (72) hours notice in writing being
served by the Union, provided the individual Employer fails to show satisfactory proof
that the required payments have been paid when due to the Trustees of the appropriate
Fund Office and/or Financial Secretary of Local Union No. 35, IBEW.
Any individual Employer delinquent and not having made and forwarded when due and
payable, including but not limited to, any monetary contribution, deduction, weekly
payment of the total weekly pay when due and payable to each individual employee
and/or other monetary payment when due and payable in accordance with this
Agreement, as amended, including and all subsequent amendments thereto, waives his
right to a notice and hearing under the 1973 Connecticut Public Act No. 73-431 and
under any other analogous or similar law of the State of Connecticut and/or of any other
state, district, territory or country. The foregoing provision shall also be applicable to
any and all current and/or subsequent payments, deductions and contributions that may
be required of any individual Employer by any and all Collective Bargaining
Agreements, and amendments thereto, including any and all subsequent amendments
thereto, to which the individual Employer and Local Union No. 35, IBEW are signatory.
The above services are to be extended equally to all employees under the terms of this
Agreement, working for the Employer under the jurisdiction of Local Union #35, IBEW.
Individual Employers who fail to remit any contribution, deductions, monthly and/or
weekly payroll report and/or any and all payments when due and payable as provided
for in this Labor Agreement shall be additionally subject to having this Labor Agreement
terminated upon seventy-two (72) hours notice in writing being served by the Union
32
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
provided the individual Employer fails to show satisfactory proof that the required
payments and payroll reports have been submitted to the “Hospital Medical Benefit
Fund”.
Pension Fund
Section 8.03 The contribution to the Pension Fund shall be bonded in a sufficient
amount to cover payments. The payment shall be made by a bonded check and shall
constitute a debt due and owing to the Trustees of the Pension Fund on the last day of
each calendar month. The individual Employer’s payment and a copy of the Employer’s
complete monthly payroll report shall be mailed simultaneously, so as to reach the office
of the Trustees of the Pension Fund not later than fifteen (15) calendar days following
the end of each calendar month.
Any individual Employer that is delinquent in making any payment when due and/or
delinquent in submitting a complete monthly payroll report as required and prescribed in
this Labor Agreement, shall be subject to a suit initiated by the Trustees of the Pension
Fund and/or the Connecticut Chapter of the National Electrical Contractors Association,
Inc. (Hartford Division), and/or Local Union No. 35, IBEW and/or the assignees of any
and/or all of the above parties. Additionally, any individual Employer that is delinquent
in making any payment and/or delinquent in submitting a complete monthly payroll
report as required and prescribed in this Labor Agreement shall be liable for, including
but not limited to, all court costs and legal expenses and attorney’s fees that are
incurred to recover such monies due.
Individual Employers who fail to remit any contribution, deduction, monthly and/or
weekly payroll report and/or any and all payments when due and payable, as provided
for in this Labor Agreement shall be additionally subject to having this Labor Agreement
terminated upon seventy-two (72) hours notice in writing being served by the Union,
provided the individual Employer fails to show satisfactory proof that the required
payments and payroll reports have been submitted to the “Pension Fund”.
Check Off
Section 8.04 The deduction shall be bonded in a sufficient amount to cover payments.
The payments shall be made by a bonded check and shall constitute a debt due and
owing to Local Union No. 35, IBEW, not later than fifteen (15) calendar days following
the end of each calendar month. An individual Employer that is delinquent in making
any payment when due and/or delinquent in submitting a complete monthly payroll
report as required and prescribed in this Labor Agreement shall be subject to a suit
initiated by Local Union No. 35, IBEW or its assignees. Additionally, any individual
Employer that is delinquent in submitting a complete monthly payroll report as required
33
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
and prescribed in this Labor Agreement shall be liable for, including but not limited to, all
court costs and all legal expenses and attorney’s fees that are incurred to recover such
monies due.
Individual Employers who fail to remit any contribution, deduction, monthly and/or
weekly payroll report and/or any and all payments when due and payable, as provided
for in this Labor Agreement shall be additionally subject to having this Labor Agreement
terminated upon seventy two (72) hours notice in writing being served by the Union,
provided the individual Employer fails to show satisfactory proof that the required
payments and payroll reports have been submitted to the “Check Off Fund”.
Section 8.05 The contribution to the Joint Apprenticeship and Training Trust Fund
shall be bonded and the payment shall be made by a bonded check and shall constitute
a debt due and owing to the Joint Apprenticeship and Training Trust Fund on the
last day of each calendar month. The individual Employer’s payment and a complete
copy of the Employer’s monthly payroll report shall be mailed simultaneously, so as
to reach the office of the Joint Apprenticeship and Training Trust Fund, not later than
fifteen (15) calendar days following the end of each calendar month. Any individual
Employer that is delinquent in making any payment when due and/or delinquent in
submitting a complete monthly payroll report as required and prescribed in this Labor
Agreement, shall be subject to a suit initiated by the Trustees of the Joint
Apprenticeship and Training Trust Fund and/or the Connecticut Chapter, National
Electrical Contractors Association, Inc., and/or Local Union No. 35, IBEW, and/or
assignees of any and/or all of the above parties. Additionally, any individual Employer
that is delinquent in making any payment when due and/or delinquent in submitting a
complete monthly payroll report as required and prescribed in this Labor Agreement,
shall be liable for, including but not limited to, all court costs and all legal expenses and
attorney’s fees that are incurred to recover such monies due.
Individual Employers who fail to remit any contribution, deduction, monthly and/or
weekly payroll report and/or any and all payments when due and payable, as
provided for in this Labor Agreement, shall be additionally subject to having this
Labor Agreement terminated upon seventy-two (72) hours notice in writing being
served by the Union, provided the individual Employer fails to show satisfactory
proof that the required payments and payroll reports have been submitted to the
“Joint Apprenticeship and Training Trust Fund”.
34
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
complete monthly payroll report shall be mailed simultaneously, so as to reach the office
of the Hospital Medical Benefit Fund no later than fifteen (15) calendar days following
the end of each calendar month. Any individual Employer that is delinquent in making
any payment when due and/or delinquent in submitting a complete monthly payroll
report as required and prescribed in this Labor Agreement, shall be subject to a suit
initiated by the Trustees of the Hospital Medical Benefit Fund and/or the Connecticut
Chapter, National Electrical Contractors Association, Inc., and/or Local Union #35,
IBEW and/or the assignees of any and/or all of the above parties. Additionally, any
individual Employer that is delinquent in making payment when due and/or delinquent in
submitting a complete monthly payroll report as required and prescribed in this Labor
Agreement, shall be liable for, including but not limited to, all court costs and all legal
expenses and attorney’s fees that are incurred to recover monies due.
Individual Employers who fail to remit any contribution, deduction, monthly and/or
weekly payroll report and/or any and all payments when due and payable, as provided
for in this Labor Agreement shall be additionally subject to having this Labor Agreement
terminated upon seventy two (72) hours of notice in writing being served by the Union,
provided that the individual Employer fails to show satisfactory proof that the required
payments and payroll reports have been submitted to the “Hospital Medical Benefit
Fund.”
Annuity Fund
Individual Employers who fail to remit any contribution, deduction, monthly and/or
weekly payroll report and/or any and all payments when due and payable, as provided
for in this Labor Agreement shall be additionally subject to having this Labor Agreement
terminated upon seventy two (72) hours notice in writing being served by the Union,
35
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
provided the individual Employer fails to show satisfactory proof that the required
payments and payroll reports have been submitted to the “Annuity Fund”.
Article IX
Substance Abuse Language
Section 9.01 The dangers and costs that alcohol and other chemical abuses can
create in the electrical contracting industry in terms of safety and productivity are
significant. The parties to this Agreement resolve to combat chemical abuse in any
form and agree that, to be effective, programs to eliminate substance abuse and
impairment should contain a strong rehabilitation component. The local parties
recognize that the implementation of a drug and alcohol policy and program must be
subject to all applicable federal, state, and local laws and regulations. Such policies
and programs must also be administered in accordance with accepted scientific
principals, and must incorporate procedural safeguards to ensure fairness in application
and protection of legitimate interests of privacy and confidentiality. To provide a drug-
free workforce for the Electrical Construction Industry, each IBEW local union and
NECA chapter shall implement an area-wide Substance Abuse Testing Policy. The
policy shall include minimum standards as required by the IBEW and NECA. Should
any of the required minimum standards fail to comply with federal, state, and/or local
laws and regulations, they shall be modified by the local union and chapter to meet the
requirements of those laws and regulations.
Article X
Code of Excellence
Section 10.01 The parties to this Agreement recognize that to meet the needs of our
customers, both employer and employee must meet the highest levels of performance,
professionalism, and productivity. The Code of Excellence has proven to be a vital
element in meeting the customers’ expectations. Therefore each IBEW local union and
NECA chapter shall implement a Code of Excellence Program. The program shall
include minimum standards as designed by the IBEW and NECA.
36
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Article XI
In witness whereof, the parties have executed the Agreement dated May 21, 2014
_____________________________ ___________________________
Michael Moconyi, Executive Director Bruce A. Silva, Business Manager
Connecticut Chapter NECA, Inc. & Financial Secretary
IBEW Local Union 35
37
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Attachment A
Effective: June 1, 2014 – Total package increase of $1.00 will be allocated to the
wage and/or fringe benefit package at the discretion of the Union.
Effective: June 1, 2015 – Total package increase of $1.10 will be allocated to the
wage and/or fringe benefit package at the discretion of the Union.
Effective: June 1, 2016 – Total package increase of $1.15 will be allocated to the
wage and/or fringe benefit package at the discretion of the Union.
Effective: June 1, 2017 – Total package increase of $1.25 will be allocated to the
wage and/or fringe benefit package at the discretion of the Union.
38
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Attachment B
Prevailing Wage
Period Period Period Period Period Period
IBEW 35 1 2 3 4 5 6
39
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Attachment C
Prevailing Wage
Period Period Period Period Period Period
IBEW 35 1 2 3 4 5 6
40
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Attachment A
Effective: June 1, 2014 – Total package increase of $1.00 will be allocated to the
wage and/or fringe benefit package at the discretion of the Union.
Effective: June 1, 2015 – Total package increase of $1.10 will be allocated to the
wage and/or fringe benefit package at the discretion of the Union.
Effective: June 1, 2016 – Total package increase of $1.15 will be allocated to the
wage and/or fringe benefit package at the discretion of the Union.
Effective: June 1, 2017 – Total package increase of $1.25 will be allocated to the
wage and/or fringe benefit package at the discretion of the Union.
Between the
OPERATIVE PLASTERERS' AND CEMENT MASONS’
INTERNATIONAL ASSOCIATION, LOCAL NO. 262
And the
Independent
Contractors
TRADE AGREEMENT
Article I: Parties…………………………………………………………………………… 3
Article X: Apprentices…………………………………………………………………….. 29
Memorandum of Agreement………………………………………………………………35-39
ARTICLE I: PARTIES
Section 1
The Employer (hereinafter "Employer") means a party to and bound by this Agreement,
obligate themselves and their agents and others controlled by them, directly or indirectly, to
perform in good faith all the provisions of this Trade Agreement; the Union obligates itself to
live up to all the provisions of this Trade Agreement in good faith.
Section 1
This Trade Agreement is effective on all jobs within the geographic territory of the
following counties in New York: Brooklyn; Queens; Staten Island; Bronx; Manhattan; Nassau;
Suffolk; Westchester; Putnam; Rockland; Orange; Dutchess; Columbia; Ulster; Greene;
Delaware; Albany; Sullivan and Rensselaer. This Trade Agreement shall also cover all jobs
performed on Rikers Island; Ellis Island; Liberty Island; Ward Island; and Roosevelt Island.
This Trade Agreement is effective on all jobs within the geographic territory of the
following counties in Connecticut: Fairfield, Litchfield, and New Haven.
Section 2
The undersigned Employer recognizes the Union as the exclusive majority representative
of all employees covered by this Agreement pursuant to Section 9(a) of the National Labor
Relations Act. This majority status has been established by the fact that the Union has made an
unequivocal request for recognition as the majority representative, the Employer has
unequivocally recognized the Union as the majority representative, and the Employer’s
unequivocal recognition is based on the fact that the Union has shown the Employer evidentiary
basis of its majority support of employees in the bargaining unit as described by this Agreement.
This Agreement shall be binding upon any local union affiliated with the Operative
Plasterers’ & Cement Masons International Association (“International” that is appointed as a
successor union to Plasterers’ Local 262 by the International. The Employer agrees to recognize
such successor local union as the collective bargaining representative of the employees covered
by this Agreement and agrees to be bound by this collective bargaining agreement.
Section 1
Section 2
If an Employer covered by this Trade Agreement or any such owner or principal forms or
acquires by purchase, merger or otherwise, an interest, whether by ownership, stock, equitable or
managerial, in another company performing bargaining unit work within this jurisdiction, this
Trade Agreement shall cover such other operation and such other bargaining unit Plasterers shall
be considered a part of the bargaining unit.
Section 3
(a) No Employer shall enter into a contract with any other person, partnership, firm,
corporation or joint venture to perform bargaining unit work on the same construction site,
unless such other person, partnership, firm, corporation or joint venture has signed a Trade
Agreement with the Union or is a member of an Association which has signed a Trade
Agreement with the Union.
(b) The Employer shall not subcontract "on site" construction bargaining unit work
unless the Employer receiving the subcontract has a Trade Agreement with the Union. In the
event the Employer subcontracts work covered by this Trade Agreement to an employer that is
not bound by this Trade Agreement, the Employer that improperly subcontracted the work
(c) The Employer agrees that it will not subcontract any work covered by this Trade
Agreement in order to circumvent the payment of wages and fringe benefits and the working
conditions provided for in this Trade Agreement.
Section 1
(a) It shall be a condition of employment that all Plasterers of the Employer covered
by this Trade Agreement who are members of the Union in good standing on the date of
execution of this Trade Agreement shall remain members in good standing and those who are not
members on the date of execution of this Trade Agreement shall be required, as a condition of
continued employment, to become and remain members on good standing in the Union after
thirty-one (31) days following the execution of this Agreement or its effective date, or their date
of employment, whichever is later.
(b) The Employer shall provide twenty-four (24) hour notice to the Union when it
needs Plasterers, giving all of the pertinent data to the Union with respect to the type of work so
as to afford the Union equal opportunity to recommend competent, qualified applicants for such
vacancies, it being understood that the Employer shall hire whomsoever it sees fit, and that the
Employer shall at all times be the sole judge as to the work to be performed and whether such
work performed by the employees is or is not satisfactory. This is not to preclude the
enforcement of the Grievance Procedure in Article XII- Disputes.
(c) In the event that any applicable statute is enacted or any decision rendered by a
court or administrative agency having jurisdiction thereof which statute or decision permits
union security or hiring provisions more favorable to the Union than those contained herein, then
the parties hereto shall meet and amend this Trade Agreement so as to give the Union the
maximum benefits permitted by such statute or decision.
(d) In order to assist the Employer in readily procuring employees, the Union, at its
own expense, agrees to maintain an out of work list where employees may register, and in
(e) The Employer shall notify the Union 48 hours before starting a job. When a
phase of a job is completed it will be necessary to notify the Union upon resumption of work and
continue to do so until the final completion of a job.
Every employer must register with the Union prior to the commencement of any job within the
Jurisdiction of the Union, on a written Job Registration Form that shall be required by the Union.
The completed Job Registration Form shall state the exact location and nature of job or
operations.
The Job Registration form must be faxed to 718-357-2057 or mailed by overnight mail to 15050
14th Road #4, Whitestone, NY 11357, prior to commencement of any job in the jurisdiction of
the Union.
Failure to register a job on a timely basis will result in a fine established by a Joint Trade Board
Committee as set forth in Article XII in the Agreement. The fines for failure to register a job are
as follows:
First Offense: up to $2,500
Second Offense: up to $5,000
Third Offense: up to $10,000
Section 2
The Employer and the Union agree there will be no discrimination against any employee,
or applicant for employment with respect to race, creed, color, national origin, gender, gender
identity, age, disability, marital or partnership status, citizenship status, religion, sexual
orientation or affectionate preference in all employment decisions, including but not limited to
recruitment, hiring, compensation, training and apprenticeship, promotion, upgrading, demotion,
downgrading, transfer, layoff and termination, and all other terms and conditions of employment
except as provided by law and the terms and conditions of this Trade Agreement.
Section 3
Subject to the provisions of this Trade Agreement, each Employer shall have the right to hire or
discharge any employee, but should an Employer discharge an employee for the purpose of
demoralizing the membership of the Union, then on that operation where such Employer is
employing, or intends to employ members of the O.P. & C.M.I.A Union, he shall accept One
Hundred (100%) percent of all such Union members from the Union.
Section 1
Where any Employer, party to this Trade Agreement, does any of the following work,
Plasterers exclusively shall perform the following: all work on projects such as, but not limited
to, all new construction, roads, bridges, tunnels, renovations, restoration projects, rehabs, or any
dwelling whether residential, commercial or industrial.
(a) All interior or exterior plastering of gypsum, cover coat, cement, stucco, stone
imitation or any patent material when sprayed, trowelled or cast, the setting of same, also corner
beads when stuck must be done by Plasterers. This includes the plastering and finishing with hot
composition material in vats, compartments or wherever applied; acoustical plaster or
assimilated acoustical plaster; setting of polystyrene or styrofoam, whether mechanically
fastened or stuck with a plastic material, installing mesh, basecoats, adhesive cement and finish
coats used in imitation stucco Systems such as Dryvit, STO, etc., and any and all EIFS; also the
taping and pointing of all joints, nail holes and bruises on wallboard, and/or drywall, regardless
of the type of materials or tools used; also the setting in place of plasterboards, ground blocks,
patent dots, cork plates, brownstones, and acoustical tile including temporary nailing, cutting and
fitting in connection with the sticking of same.
All acoustic blocks when stuck with any plastic or textured materials, regardless of
thickness, shall be the work of the Plasterer only. Also the sticking, nailing, and screwing of all
plaster, gypsum or cement reinforced fiberglass, friezes, composition caps, ornaments, etc. The
preparing, scratching and browning of all ceilings and walls when finished with terrazzo, or tile
shall be done by Plasterers, allowing sufficient thickness to allow the applying of the terrazzo or
tile and the application of any plastic material to the same must be done by Plasterers.
The preparation, installation, and repair of all interior and exterior insulation Systems and
the fireproofing of all steel beams, columns, metal decks and vessels shall be the work of the
Plasterers. This shall include any other member required fireproofing of any kind.
The application of all fireproofing materials whether hard, soft or inturmescent and
whether spray or hand applied shall be the work of the plasterer. All respraying, spraying,
encapsulation and plastering of lead, asbestos and other abatement processes shall be performed
by plasterers. All sealing of all fireproofing regardless of material and application procedures
shall be the work of the Plasterers.
Application of epoxy, cementitious material or other base for trowelled on, sprayed on, or
hand applied surfacing, whether receiving aggregate chips (regardless of size) or not, is to be
performed by Plasterers.
All coatings or sealers of any kind regardless of the method of application shall be the
work of the Plasterer.
All work encompassing the application of polyurethane and application of sealer on top
of a finished product.
The application of any simulated brick or stone or thin brick system shall be considered
the work of the plasterer.
The work of the plasterer is the recovering of any substrate whether it is wallboard,
wood, plaster, or any other surface if it is covered in its entirety top to bottom and side to side
regardless of materials used. The application method mentioned above is to be considered
plasterers work exclusively. This includes any work of a partial nature such as patching.
(b) All casting must be done by Plasterers. The applying of any plastic or textured
material to soffits, ceiling and perpendicular work, and the finishing, rubbing, polishing and
cleaning, whether done by hand, machine, or any other method, is recognized as the work of the
Plasterer, except a base six inches or less if coved. Corner beads that are put on beams, arches or
groin ceilings are to be stuck by the Plasterers. This includes window heads and door heads.
(c) All cement plastering shall be supervised and executed by Plasterers on walls,
over and above six (6) inch cove base.
(d) Plasterers shall perform all waterproofing of work their jurisdiction, such as
thoroseal, ironite, and any similar products, regardless of the tools used, or method of
application, color of materials used and regardless of the type of base these materials may be
applied to.
All scraping, chipping, or cleaning of any substrate which is to receive a plastered finish
is the work of the plasterer.
(e) All casting, installing, finishing, rubbing and cleaning, whether by hand or
machine, of all imitation stone shall be the work of the Plasterers.
(f) All mouldings run in place and all staff work, the making of templets and horsing
of moulds in and on buildings must be made and produced by Plasterers.
1. Domes that do not exceed two (2) feet in diameter may be cast.
2. Niches may be cast and stuck in place providing they do not exceed two
(2) feet in width and four (4) feet in length.
(h) Making of all templets for run-work to be used in shops; plaster model-making,
setting of enrichments in models, the pointing and finishing of same shall be the work of
Plasterers.
(i) Preparing of all models for molding, making molds, preparing and casting from
same in any material including plaster, cement, artificial marble, marmarino, and stone,
composition, etc., shall be the work of Plasterers whether done in permanent shop or on location.
(j) Modeling and sculpturing in any plastic material shall be the work of Plasterers.
The enlargement of scale models may be done by Plasterers.
(l) Scale models including Diaramas and relief maps shall be done by Plasterers.
(o) Any ornamental design which might be done mechanically shall be done by
Plasterers, i.e., the scrolls on sides of brackets, Greek frets, key blocks, guilloches, etc.
(q) All work usually and customarily performed by Plasterers, Ornamental Plasterers,
Artificial Marble Workers, Artificial Marble Makers, Artificial Marble Setters, Artificial Marble
Rubbers and Polishers, Compo Ornaments, Compo Caster, Compo Improver, Spray-on
Applicators, Acoustic Tile Applicators and Modelers is within their jurisdiction.
(s) In addition to work described in this Article the scope of work in the Constitution of
the Operative Plasterers & Cement Masons’ International Association will be included as the
work of the Plastering Trade.
(t) All spray fireproofing pumps and any and all supporting equipment. In addition, an
apprentice shall be assigned to each journeyman performing work with the exception of fireproof
patching.
Section 1
Eight (8) hours shall constitute a day’s work unless less hours are approved in writing by the
Business Manager. The regular hours shall start at 6:30 a.m. and end at 3:00 p.m. or start at 7:00
am and end at 3:30 p.m. or start at 7:30 a.m. and end at 4:00 p.m. or start 8:00 a.m. and end at
4:30 p.m. with one half (1/2) hour for lunch to be taken between the third and fifth hours from
each starting time. If all other trades agree in writing there shall be an additional starting time at
6:00 a.m. and ending at 2:30 p.m.
Section 2
10
c) No work shall be performed on any of the days listed in Article VI, Section 2
unless in each instance permission is first obtained from the Union. Permission for
Holiday overtime work must be requested by 2:00 P.M. the day prior to a Holiday.
Permission for weekend overtime work must be requested by 2:00 P.M. Friday. It is
understood by the Employer and Union overtime work will not become a pattern of
the trade.
When it is not possible to conduct work during regular working hours, as defined in Article IV,
Section 1 of this Agreement, said work shall proceed on a shift time basis. In the event the
Employer elects to conduct work outside of regular working hours, the shift work shall start at a
time set with the mutual consent of the Employer and the Union’s Business Manager. The Shifts
shall receive a shift differential of twelve per cent (12%) of regular pay and shall consist of a
minimum of eight (8) working hours. Once the starting time for the shift is scheduled it shall not
be changed for the duration of the job except by mutual consent of the Employer and the Union's
Business Manager. In addition, Plasterers working on shift work shall be allowed a paid one-half
hour to eat. The Employer shall notify the Union five (5) business days in advance of beginning
shift work. In the event of the necessity to perform shift work, proper notice shall be given to the
Union of the facts and circumstances and permission shall be obtained from the Union for the
performance of the work outside of regular working hours.
When an individual plasterer works over eight (8) hours in any twenty-four (24) hour period, the
time after the completion of the 8th hour shall be considered overtime (i.e. the 9th hour and
beyond).
Overtime shift work performed on Monday through Friday shall be paid at one and one-half
times the rate of the shift differential. All shift work performed on Saturday (except Holidays)
shall be paid at one and one half times the rate of the shift differential. All shift work performed
on Sundays and Holidays shall be paid at two times the rate of the shift differential.
All work performed outside of 8:00 AM to 12:00 Noon and 12:30 to 3:30 PM Monday through
Friday and all work performed on Saturday, except on Holidays, shall be paid for at one and one-
half times the rate of the regular work hours, or one and one half times the shift differential rate
if shift work is performed.
All work performed on Sundays and Holidays shall be paid for at twice the rate of the regular
work hours, or twice the shift differential rate if shift work is performed.
11
Notwithstanding the foregoing, when employees are performing work on EIFS and
exterior stucco or cement work, it is permissible for employees to be paid on a straight-time basis
for the first eight (8) hours of work per day. Such work performed beyond eight (8) hours per
day shall be paid at the rate of one and one-half (1½) times the regular straight-time rate for a
regular workday. The proper overtime rate shall apply for all EIFS and exterior work performed
on Saturdays, Sundays and Holidays.
Section 4
If an Employer requests an Employee; the Employee reports to work, and the Employee
is not put to work through no fault of the Employee, the Employee shall receive (2) two hours of
show-up pay at the respective Journeyperson/Apprentice rate of pay and benefits. If the reason
for the Employee not to work is no fault of the Employer than no show up time is warranted.
Section 1
Wages and Fringe Benefits shall be paid in accordance with the current wage and
benefit sheet as produced from the Union and/or Fund Office.
a) Each overtime hour shall be counted as one regular hour for which contributions are
payable. For administrative convenience all fringe benefit contributions, and all dues
remittances shall be paid by the Employer, monthly, by check to the order of the
"Operative Plasterers' and Cement Masons' International Association, Local 262
General Benefit Fund" which shall serve as a collection agent only for the
Association and the Union. For check-off dues, a check must be made payable to
“Local 262”. The Employer shall make contributions according to the following
schedule:
12
b) Check-off: For each employee who has authorized, in writing, the deduction of
Union dues the Employer shall deduct the following wages:
(i) $2.60 working dues from the weekly gross wages (excluding fringe
benefits) for journeypersons, forepersons except for 1st year apprentices. (See Wage &
Benefit sheets for working dues for each classification). A separate check should be issued
to the Northeast District Council of Plasterers & Cement Masons at 15050 14th Road #4,
Whitestone, NY 11357
(ii) one percent (1%) of wages and fringe benefits for International Working
Dues shall be deducted from the Employee’s gross pay and a separate check should be
issued to the Northeast District Council of Plasterers & Cement Masons at 15050 14th
Road #4, Whitestone, NY 11357
Tier Rates
Employees hired prior to August 1, 2017 shall receive Tier 1 wages. Employee hired
August 1, 2017 and thereafter shall receive Tier II wages.
On residential work only, the first employee must be Tier I. Thereafter, an equal number
of Tier I and Tier II workers must be employed unless the Union is unable to provide
sufficient Tier I workers to match the number of Tier II workers on the job.
See the attached wage sheet for the applicable wages and benefits.
Section 2
The Union shall indemnify and hold harmless the Local 262 Funds from all actions, causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, contracts,
controversies, agreements, promises, damages, judgements, executions, claims, and demands
whatsoever, in law or equity relating to the collection of the aforesaid working dues.
Additionally, the Union shall reimburse the Local 262 Funds for all proper administrative
expenses in connection with the receipt and transmittal of these contributions, including but not
limited to expenses incurred in receiving, recording, and auditing. These contributions shall be
remitted by the Operative Plasterers' and Cement Masons' International Association, Local 262
13
(a) Forepersons: the scale of wages for a foreperson shall be no less than $3.00 per
hour over the regular wage rate for a journeyperson Plasterer. (See page 24-Section 3).
Spray Rate Wage: the scale of wages for a sprayer of a big gun with a 2 inch hose
shall be no less than $1.00 per hour over the regular wage rate for journeyperson Plasterer.
(b) The following increases are to be distributed among wages and fringe benefit
funds by the Union with the approval of the Employer:
The wage and benefit fund increases total is $1.00. The Union with the Employer Association’s
agreement, reserves the right to allocate and/or reallocate any portion of the foregoing wages
and/or fringe benefit contributions, at any time during the term of this Agreement.
Section 3
Section 4- Wages
a) Employers shall make payment of all wages due in lawful currency, including by
check and/or direct deposit in sealed envelopes and plainly marked, showing
Employers, name and address (printed or stamped), Employee's name, hours worked,
the week-ending date, amount earned and deductions required by law, amount of
fringe benefits, job locations and the net amount due.
b) Wages shall be due and payable during working hours on the job on Thursday for
work done up to the preceding Tuesday. Should Thursday be a bank holiday, wages
shall be due and payable not later than Friday, for work done up to quitting time the
preceding Tuesday.
14
d) If for any reason, the contractor terminated the services of plasterers, the accrued
wages of such plasterer shall be paid to him at the time of the termination of his
employment; otherwise, if he is directed to report at the contractor’s office for
payment or if the employee’s check is returned for insufficient funds he shall be
entitled to receive payment at time and one-half for every hour consumed in traveling
to and waiting at such office for payment, deducting from such time as may be the
regular part of such day’s work. If payment is not received at the office, as directed,
such plasterer shall report on the next working day at such office, unless specifically
directed to report on the job and shall continue to do this each day until he has been
paid, and during such waiting time, he shall be entitled to a full day’s pay for each
day he reports at the office or job. If any plasterer shall, of his volition, leave the
services of his contractor, then the contractor may retain the wages until the next pay
day.
e) When a Plasterer ceases work of his own accord, all accrued wages shall be due and
payable at the next regular payday. Employees when laid off or discharged shall
receive one hour in which to pack their tools. Employees shall be employed or laid
off or discharged on the half-day basis except that when the layoff is temporary they
shall be paid on a quarter day basis. When an employee gets a job and takes his tools
to said job, he must receive at least one day's pay. When an employee is shifted from
one job to another for the same Employer he shall be notified by 3:00 P.M. of that
afternoon to start such shift, and if not so notified, he shall not start on the new job
until 8:30 AM the next morning.
f) If Plasterers are not paid at the day and time provided by this Trade Agreement,
they shall be entitled to be paid waiting time, not to exceed two (2) days, except
conditions beyond the Employer's control.
g) Notwithstanding anything herein contained, Employers shall have the right to make
weekly payments of wages by check provided:
ii. Written notice by registered mail shall first have been given
to the union;
15
h) In the event that an Employer's payroll check is not honored for any reason, except
for reasons beyond the Employer's control, a satisfactory Surety Bond of not less
than $10,000.00 guaranteeing payment of such wage checks shall have been
furnished to the Union, and for the Contractors who employ more than ten (10)
Plasterers, a bond up to $20,000.00 shall be furnished to the Union. In the event that
a salary check is not honored by the bank on which drawn for any reason whatsoever,
then the Plasterer affected thereby shall be entitled to two (2) days, extra pay for
waiting time.
i) Any employer who is delinquent in paying its fringe benefit contributions to the Fund
office later than the thirtieth (30th) day of the following month shall pay six percent
(6%) on all late payments or such amount of interest as the U.S. Department of Labor
or the Internal Revenue Service may require the Trustees to pay for late payments of
contributions, whichever amount is greater. All contractors doing work-in the
jurisdiction of Local 262 must be bonded (or Post a mutual party Certificate of
Deposit) in the following manner:
1 to 10 $50,000
11 to 20 $100,000
Over 20 $150,000
Section 6
As a condition of the right to employ the employees classified in this Agreement working
in the jurisdiction of the Union, each Employer agrees to comply with all the terms and
conditions of this Agreement and in addition thereto to furnish proof that he is complying with
the Unemployment and Disability Insurance Laws of the State of New York, the Social Security
Act of the Federal Government, and has made prompt payment of all monies due to the State of
New York or the Federal Government for the aforementioned insurance, Old Age Security
payments and withholding taxes, and Unemployment and Disability Insurance.
Section 7
Each Employer agrees to furnish the Union with a record of the Social Security number
assigned to him by the United States Social Security Board, the number issued by the Director of
16
Section 8
Each Employer shall submit to the Trustees of the Welfare & Pension Trust Fund a
confirmation on behalf of the Employer, prepared and signed by a Certified Public Accountant
certifying that all monies due for all items set forth in the first paragraph of this Article and for
Fringe benefits have been paid in full. This report must be submitted yearly no later than
February 25th for the preceding year.
Section 9
See the attached Wage & Benefit Rates sheet for the applicable wages and benefits.
To qualify for advancement to the next term, an apprentice must work as a Plasterer
Apprentice at least 800 hours for an Employer bound by an Agreement with the Union.
c) The Union, with the Employer Association Agreement, reserves the right to
allocate and/or reallocate any portion of the foregoing fringe benefit
contributions to any of the fringe benefit funds.
Section 1
a) Contributions are due the first full week following the month work was performed.
Remittance Reports shall be forwarded monthly to the Fund office, together with checks
17
b) Contributions become vested plan assets when they become due from the Employer,
whether or not they have been paid to the Funds, and title to all money paid to or due and
owing the Funds vests and exclusively remains in the Trustees of the Funds.
c) Contributions set forth in Article VII shall be paid on a monthly basis starting with the
Employee's first day of employment in a job classification covered by this Trade
Agreement. The obligation to contribute shall continue through the duration of this Trade
Agreement and during any negotiations for a successor to this Trade Agreement.
d) Each Employer shall be bound by all of the terms and conditions of the Agreements and
Declarations of Trust creating the Local 262 Funds and by all the Plans and resolutions
adopted to regulate the Local 262 Funds as well as the Collection Policy and rules and
regulations of the Funds referenced herein and incorporated into this Trade Agreement by
reference. The Employer ratifies, accepts, and designates as its representative the
Employer Trustees serving under the terms of the Trusts as well as such future Employer
Trustees who may be appointed pursuant to the terms of the Trust.
e) In the event that contributions and remittance reports as set forth herein, the Fund
Administrator shall send the Employer a first written notice of delinquency, on Fund
letterhead, advising the Employer that the contributions must be received immediately
and notifying the Employer of the penalties for failure to make timely payments. The
notice shall also advise that if payment is not received by the Fund office within ten (10)
days, the delinquency shall be referred to legal counsel.
f) In the event an Employer still fails to pay the delinquent contributions, the Fund
Administrator shall refer a list of all delinquencies to legal counsel for collection. Legal
counsel shall send the delinquent employer a second written notice, advising the
Employer that the contributions and remittance reports must be received immediately and
that in addition, the Employer may now be liable for interest, liquidated damages,
attorney’s fees and court costs and disbursements incurred in collecting the delinquency.
Additionally, the Employer will be liable for any and all health claims incurred by the
employees of the Employer during the period of the delinquency.
g) In addition to all other remedies under this Agreement, the Trustees, at their discretion,
may pursue other remedies including, but not limited to, arbitration and the filing of a
lawsuit in federal court. The Employer's liability for payment hereunder shall not be
subject to the grievance arbitration procedure or the "no strike", clause provided under
the Trade Agreement.
18
i) If the remittance reports indicate an over-payment, the Employer shall receive a credit for
same upon the submission of appropriate documentation in support thereof along with a
written request. The Trustees have discretion to deny a request for return of an
overpayment that is later than one-year from an over-payment.
j) Whenever the Employer is in default of the payments to the Local 262 Funds referred to
in this Article and reasonable notice of such default is given to the Employer, the Union
may remove its members from the work of such Employer if the payments are not made.
If such members who are removed remain at the job site during regular working hours,
they shall be paid for lost time not to exceed two (2) days' pay.
Section 2- Bonding
All Employers doing work in the jurisdiction of Local 262, except for PLA (Project Labor
Agreement) work, must be bonded in the following manner:
1 to 10 $50,000
11 to 20 $100,000
Over 20 $150,000
The Union and/or Fund Trustees reserve the right to impose a higher bonding requirement based
on the projected work on a particular job or the projected work of the employer generally.
Employers shall be bonded in sufficient amounts to guarantee all Fringe Benefits, if found to be
delinquent. If an employer is unable to secure bonding, monies equivalent to the amount of the
bonding originally required, shall be deposited with the Benefit Funds.
If an Employer is a member in the P.S.F.C. N.Y. or Plastering & Spray Fireproofing Contractors
of Greater New York Associations that Employer shall not be required to post a bond provided:
i) they are a member in good standing, ii) Employer has designated the Association to act as its
collective bargaining representative for the contract term, iii) Employer’s payroll records have
been audited by the Fund’s auditor when requested, iv) Employer’s most recent audit does not
show a material discrepancy. (If a material discrepancy is found and not resolved within 60 days
or otherwise agreed by Trustees, the Association Employer may be required to post a bond.)
19
The Employer recognizes that when payment of fringe benefit contributions pursuant to
this Agreement is made by check or other negotiable instrument, which is returned uncollected,
the Local 262 Funds incur additional cost and expense. The Employer hereby agrees that in the
event any payment to the Local 262 Funds by check or other negotiable instrument results in the
check or negotiable instrument being returned without payment after being duly presented, the
Employer shall be liable for additional damages of the fees charged by the bank to cover such
additional costs, charges and expenses. Thereafter, the employer will be required to pay all
contributions by certified, bank check or cash. Nothing herein is intended, nor shall it be
interpreted, to mean that the Local 262 Funds or Union waive any other liquidated damages
required to be paid pursuant to this Agreement in the event Employer contributions are not paid
in full and at the time required.
The Employer shall retain, for a minimum period of six (6) years, payroll and related
records necessary for the conduct of a proper audit in order that a duly designated representative
of the Trustees may make periodic review to confirm that contributions owed pursuant to this
Agreement are paid-in full. In the event, after the Trustees have made a reasonable request, the
Employer fails to produce its books and records necessary for a proper audit, the Trustees, in
their sole discretion, may determine that the Employer's monthly hours subject to contributions
for each month of the requested audit period are the highest number of employee hours for any
month during the twelve preceding months audited, or during the last twelve (12) months for
which reports were filed, whichever monthly number of hours is greater. If the hours reported by
employees as unpaid vacation claims exceed such amount, the vacation claims shall be used as
the criterion of delinquency. Such determination by the Trustees shall constitute presumptive
evidence of delinquency. Prior to making such determination, the Trustees shall mail a final ten
(10) day written notice to the Employer advising him that such determination shall be made if the
Employer does not schedule a prompt audit. Nothing herein shall mean that the Funds relinquish
their right to commence legal proceedings to compel an examination of the Employer's books
and records for audit.
When Auditors are sent to audit the books of any Signatory and a definite appointment is
scheduled, or when the Auditor or Auditors cannot start at the appointed time and date and must
return, or when valid payroll records are not furnished, then the said Signatory shall be penalized
and shall pay the sum of $1,000.00 per appointment, to cover the expense of the Auditor or
Auditors.
If an audit deficiency is less than 5% of the signatory’s contributions for last year prior to
the audit deficiency the audit and attorney’s fees will be waived.
20
Section 1
The Employers shall provide for the exclusive use of the Plasterers on each job on which they
are doing work, a suitable gang box, for tools and clothing. The Plasterers are allowed to have
coffee during working hours.
Section 2
The Employer, Plasterers or the agents of either shall not accept or give directly or indirectly,
any rebate on wages, or give or accept gratuities, or give anything of value or extend any favor to
any person for the purpose of effecting any change in rate of wages. The Employers or their
representatives shall not be permitted to give any advance in wages to Plasterers, nor shall they
be permitted to lend money to Plasterers.
Section 3
(a) Each Employer shall make reasonable provision for the safety and health of his
employees and no employee or employees shall be permitted to work on any scaffold whether
inside or outside unless said scaffold is erected in accordance with the State regulations
governing same.
(c) When plastering walls eight and one half (8 ½) feet and under, benches may be
used. A step or a plank run shall be provided.
(d) No plastering shall be started on any building over six (6) stories in height unless
elevator service is in operation to carry employees to and from work.
(e) No plastering shall be done unless temporary heat is available whenever the
weather is cold.
Section 4
21
Section 5
On all jobs where Plasterers are working, the following practices are to be followed,
wherever and whenever practical.
(a) The mortarboard shall be raised at least ten (10) inches from the scaffold. When
practical the mortarboards are to be placed on barrels or stands.
(b) All permanent plain moldings shall be run in place or on a bench on the job
except as defined in subsections (g), (h), (i), and (1) of this Section. All staffwork of
composition shall be made and installed by Plasterers. Materials known as compo shall be made
and installed by Plasterers. All GFRI, FRG, GRG or any substitutes for ornamental plaster shall
be installed and pointed by plasterers.
(c) All coves and bullnoses shall be run with a mould on strips over screeds. All
arises when in plaster must be run with a mould or formed with strips.
(d) When two-coat work is specified, the same shall be known as brown coat and
finish coat. The brown coat must be thoroughly set before the finish coat is applied.
(e) When three-coat work is specified, the same shall be known as scratch coat,
brown coat and finish coat. The scratch coat shall stand at least six (6) hours, and shall be
thoroughly set before the brown coat is applied, but this shall not apply on minor alterations.
The brown coat must be thoroughly set before the finish coat is applied.
(f) When the brown coat is used as a finish coat it shall be straight and true and
floated or otherwise finished according to the texture desired, and shall be left in a workmanlike
manner.
(h) Where interior concrete surfaces are required to be plastered, the first or bonding coat
shall be especially prepared for this purpose.
(i) All concrete ceilings shall be screeded and browned in a workmanlike manner,
except when bonding agent and finish coat only are specified.
22
(k) All acoustic plaster shall be applied and finished in a workmanlike manner.
(1) All partitions for terrazzo, mosaic or ceramic tile on walls and ceilings shall be
scratched and browned and brought to a straight and true surface.
(n) No Plasterer shall be allowed to work to any corner beads that are put on beams,
arches or groined ceilings.
(o) Mouldings on walls or ceilings, where seventy-five (75) percent enriched and
eight (8) inches or less in width may be cast and stuck.
(p) The casting or riming of coffered ceilings panels, balconettes, geometric designs
or modernistic ornamentations shall be governed solely by the practical result desired. There
shall be no restrictions as to the method employed if it does not impair the quality of the
completed job. If there is a difference in opinion the matter should come before the Joint Trade
Board hereinafter provided for.
(q) On any alteration where the work would ordinarily be run but cannot be done
without causing undue interference with the occupancy of the premises and undue delay in
performance, it shall be permissible to cast and apply such work.
(r) Application or epoxy, cementitious material or other base for trowelled on,
sprayed on, or hand applied surfacing, whether receiving aggregate chips (regardless of size) or
not, is to be done in a workmanlike manner.
(s) On all plain surfaces or members of panels, cornices, etc., it shall be permissible
to make an impression from the natural wood board, from which casts shall be made and applied
to models. All models for ornament shall be hand grained, either by the Plasterer and same
applied wherever necessary. Materials used for imitation woodwork should be especially
prepared materials, fibrous and hard. Sizes of casts shall conform to the requirements of the job.
(t) All compo and composition other than those poured or pressed in glue or plaster
moulds, shall belong to the Plasterers as their exclusive specialty.
(u) Acoustical or imitation stone work or texture antique finish may be cast or applied
as required by the architect.
(v) All small spandrel panels under two feet, small caps, and other similar work may
be cast and stuck whether plain or enriched.
23
(x) All caps on columns over two feet square shall be run unless fifty per cent
enriched.
(y) The Employer shall be permitted to introduce such tools and techniques for
performing Plasterers' work as they shall deem fit.
Section 1
All Employers who do the work as set forth in this Trade Agreement shall employ
Plasterers exclusively to perform such work and shall employ Plasterer Shop Stewards. Where
more than one Employer does Plasterer work on a job site, each Employer shall employ
Plasterers exclusively to perform the work and each Employer shall employ Plasterer Shop
Stewards.
Where Plasterers are employed on a job, the Union shall designate a Shop Steward who
shall be the second person on the job with the exception of fireproofing jobs wherein the first
person can be used as a shop steward. The Shop Steward shall see to it that the classification of
work as defined herein is observed and that the Employers are complying with all the terms of
this Trade Agreement. The Shop Steward shall have the right to inspect all dues books and
working cards. He shall see that the proper facilities for doing the work in proper workmanlike
manner are available, such as moulds, screed rods, darbies, feather edges, cornice rods, beam
rods, regulation size mortarboards not to exceed 6 feet by 5 feet, proper scaffolding, lighting and
heating facilities. Adequate time shall be allowed by the Employer to the shop steward for the
performance of his duties as herein specified. He shall perform these duties as shop steward with
the least possible inconvenience to his Employer. He is to work as a Plasterer, and not use his
position as Shop Steward to avoid performance of his duties as a Plasterer. On overtime work
the Shop Steward shall always be the second man employed for overtime work. If the Shop
Steward be discharged, he shall at once be reinstated until the matter is brought before the Joint
Trade Board and the decision of the Union shall control, and if any time has been lost, the Shop
Steward shall be paid for all lost time up to five (5) days only. The Shop Steward is to be the
next to last man to be discharged.
Section 2
The Business Agents shall have the right to visit and go upon the Employer's jobs during
working hours and they shall not be interfered with while making such visits.
Section 3
24
Section 4
(a) The Union shall have the right to discipline its members. A foreperson may only
be removed from a job by the Union with the approval of the Joint Arbitration Board.
(b) No person other than the Employer or foreperson shall have the right to give
orders in regard to work or to interfere during working hours with employees.
ARTICLE X: APPRENTICES
Section 1
Section 2
(a) On each job-site where more than two (2) Plasterers are working, the Employer
shall be required to hire one (1) Apprentice when available.
(b) Apprentices are to be enrolled under the auspices of the Joint Apprenticeship
Steering Committee.
(d) Contributions for Apprentices shall be allocated in accordance with the current
percentage breakdown of the various funds.
Section 1
Except as herein otherwise provided for, the Union shall not order a strike against any
Employer or Employers, who are parties to this Trade Agreement, nor shall any Employer or
Employers, acting jointly or severally, directly or indirectly, lock out any Plasterers represented
by the Union, parties to this Trade Agreement. The Union shall not be responsible for any
25
Section 2
Where any of the workers engaged on a construction job, including men who load
materials in building supply yards within the regions defined in Article II, and who unload at the
point of construction, are not represented by unions affiliated with the Building and Construction
Trades Council, a non-union condition exists, entitling the Union, in its discretion to withdraw
the men from the job. The Union may return its men to the job at any time after the Employer
complies with this Trade Agreement. The Union is entitled to construe the meaning of a "non-
union condition" which shall be binding upon the Employer and Employers and is not restricted
by any sentence or clause herein.
Section 3
When the Joint Arbitration Board, upon investigation, becomes convinced that the
Plasterers on any job are being paid less than the rate of wages prescribed in this Trade
Agreement, it shall give notice to the Employer, orally or in writing, and shall be entitled, in its
discretion, to withdraw the Plasterers from such job.
Section 4
The failures of the Employer to pay wages, fringe benefit contributions and/or remit working
dues check-offs or comply with the reporting requirements for payment of fringe benefit
contributions and/or working dues check-off shall constitute a breach of this Agreement and the
Union shall be entitled to withdraw all Plasterers from such Employer.
The Union may withdraw Plasterers from any job to enforce payment of contributions to the
Fringe Benefit Funds. The Union may also withdraw Plasterers to enforce the requirement of
this Agreement that Union working dues check-off be deducted from the wages of Plasterers or
to enforce payment to the Union of dues check-offs already deducted from the wages of
Plasterers.
Subject to the arbitration provision set forth herein, if Plasterers are withdrawn from any job to
enforce payment of contributions to the Fringe Benefit Funds or to enforce the requirement of
the Trade Agreement that Union dues be deducted from the wages of Plasterers or to enforce
payment to the Union of Union dues already deducted, the Plasterers who are affected by such
stoppage of work shall be paid for lost time not exceeding sixteen (16) hours provided that three
(3) days, notice of the intention to remove Plasterers from a job is given to the Employer by the
Union by registered or certified mail.
Section 5
26
Section 1
Any question or dispute between an Employer bound by this Agreement and the Union
arising under this Agreement shall be settled by the Joint Trade Board. Where a violation exists,
that violation shall cease pending final settlement. If said violation does not cease, the Union can
refuse to supply manpower to the job. All matters related to fringe benefit contributions and
dues check-off are excluded from the arbitration provisions of this Agreement.
Section 2
The Joint Trade Board shall consist of four (4) members: two (2) members appointed by
the Association, and two (2) members appointed by the Union. Four members shall constitute a
quorum and neither side shall cast more ballots than the other. The Joint Trade Board shall meet
upon the request of either party to this agreement within twenty-four (24) hours of such request
to consider any dispute or disagreement between the parties to this Agreement. Fines and
penalties shall be determined by the Joint Trade Board.
Section 3
The Joint Trade Board is empowered to hear and decide in arbitration, as hereinafter
provided, all grievances and disputes which arise between the parties as to the interpretation or
application of this Agreement and to make such awards or assess remedies, damages and
penalties for violations of this Agreement. The Joint Trade Board shall have the authority to
issue awards with respect to all grievances and disputes in any manner which they deem
reasonable, and shall have all powers necessary to remedy complaints brought before them,
including, but not limited to, awards for 1.5 X the total package (wages and fringe benefits) for
every man hour lost resulting from or in violation of this Agreement; awards may include
liquidated damages, and the assessment, against any party, of interest on monies due, attorney’s
fees, and the cost and expenses of arbitration. Monetary awards that exceed the reimbursement
amount for lost wages and fringe benefits will be contributed by the assessed Employer to the
General Fund.
Section 4
27
Section 5
In the event that the Board cannot reach a decision within twenty-four (24) hours, the
question or dispute shall be submitted to a Joint Tribunal, consisting of one member to be
appointed by the Association and one member to be appointed by the Union. The Union and
Association representatives shall endeavor to agree upon a third party, who is not a member of
the Association or of the Union. This three (3) member Tribunal shall render a decision in
writing within twenty-one (21) calendar days of the Joint Trade Board meeting at the request of
the parties. The decision of the Tribunal shall be binding upon the parties hereto, and
enforceable in court as an arbitration award. In the event the Union and the Association
representatives cannot agree on a neutral third party, the matter will be referred to the American
Arbitration Association.
Section 1 - Separability
It is further agreed by and between the parties hereto that if any Federal or State Court
shall at any time decide that any clause or clauses of this Trade Agreement is or are void or
illegal, such decisions shall not invalidate the other portions of this Trade Agreement, but such
clause or clauses shall be stricken out and the remaining portion of this Trade Agreement shall be
considered binding between the parties hereto. Nothing contained in this Trade Agreement shall
be construed to deprive any one or more individual Plasterer from pursuing whatever civil or
criminal remedies they may have under the law for the collection of their wages, or any part
thereof.
Any provisions of the Trade Agreement hereinabove mentioned which provide for Union
security or employment in a manner and to an extent prohibited by any law or the determination
of any Governmental Board or Agency, shall be and hereby are of no force or effect during the
term of any such prohibition, it is understood and agreed, however, that if any of the provisions
of the said Trade Agreement which are hereby declared to be of no force or effect because of
restrictions imposed by law is or are determined either by Act of Congress or other legislative
enactment or by a decision of the Court of highest recourse to be legal or permissible, then any
such provision of the said Trade Agreement shall immediately become and remain effective
during the remainder of the term of this Trade Agreement. The Union reserves the right to re-
negotiate any of the provisions of the Trade Agreement, which may be of no force or effect.
Section 2
The Employer agrees that within forty-eight (48) hours after the execution of this Trade
agreement, it will submit to the Union a schedule setting forth in full the name of each member
28
Section 3
The Employer further agrees that it will immediately notify the Union in writing of any
change in its membership or officers, setting forth the names of those members or officers which
may have dropped out or been suspended from the firm (partnership or corporation) and all the
new members or officers, and in case of a new firm doing business under a trade name, the name
of the new principal.
Section 4
This Trade Agreement shall apply to and bind the parties hereto, their successors and
assigns, doing work within the trade and geographical jurisdiction of this Agreement.
Section 5
It is further agreed by and between the parties hereto that if the Plastering and Spray
Fireproofing Contractors of New York shall at any time prior to the termination of this
agreement execute an agreement at an hourly rate of wage and/or benefits higher than that
provided for in this agreement than the hourly rate of wage and/or benefits for this agreement
shall be increased to the hourly rate established by the agreement between the Plastering and
Spray Fireproofing Contractors of New York and the Union.
This Agreement is effective for the period starting on the first day of
________________and until the_______________. Thereafter, the term of this Agreement shall
automatically renew for successive one (1) year terms unless one party provides written notice to
the other party at least ninety (90) days in advance of the end of the existing term that it does not
wish to renew the term of this Agreement.
29
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed
the day and year below, and represent to each other that they were duly authorized to enter into
this Agreement.
Independent Contractor
_____________________________________________________
Signature: __________________________________________________________
30
WORKING AGREEMENT
EFFECTIVE DATES:
JUNE 3, 2017
TO
MAY 30, 2020
ARTICLE I
This Agreement is made and entered into and between parties specified above, established
by mutual consent of both parties, regarding specific rules and regulations to govern
employment, wage scale and working conditions of Journeymen/Apprentices, the Union.
Both parties to this Agreement further agree to the establishment of a Union Shop as
prescribed by Federal Law, and the Employers hereby recognize the Union as the
collective bargaining agent for the employees covered by this Agreement, subject to the
necessary procedure required by Federal or State Law.
ARTICLE II
The Union claims all work described in schedule below, and all work in connection with
or incidental thereof in Union jurisdiction as specifically defined on the attached map of
the State of Connecticut, including the following Connecticut Counties:
Tolland, Windham, New London, Middlesex, Hartford, and parts of New Haven and
Litchfield Counties.
SCHEDULE:
All applications of protection boards to prevent damage to the damp proofing or
waterproofing membrane by other crafts or during backfilling operations.
All asbestos, asphalt or fiberglass shingles where used for roofing of any size, shape or
color, and in any manner, laid with necessary metal flashing to make watertight.
All cementing in, on or around the said slate, tile or shingle roof.
All compressed paper, chemically prepared paper, and burlap when used for roofing or
damp and waterproofing purposes, with or without coating.
All damp-resisting preparations when applied with a mop, brush, roller, swab, trowel, or
spray system inside or outside of any structure.
All forms of plastic, slate, slag, gravel or rock roofing, including all types of aggregates,
blocks, bricks, stones or pavers used to ballast or protect Inverted Roof Membrane
Assembly (IRMA) roofs, or roofs of similar construction where the insulation is laid over
the roof membrane.
All forms of protection boards, walkway pads and roof treads used in composition roofing
or waterproofing to protect the membrane from damage.
All forms of the elastomeric and/or plastic (elastoplastic) roofing systems, both sheet and
liquid applied, whether single-ply or multi-ply.
All insulations applied with the above systems, whether laid dry, mechanically
fastened, or attached with adhesives.
All types of aggregates, blocks, bricks or stones used to ballast these elastoplastic
systems.
All base flashings, curb flashings, and counter flashings of elastoplastic composition or
bituminous composition used to roof or waterproof intersections of horizontal surfaces
as outlined above.
All types of aggregates, stones, bricks or blocks used as a ballast for Inverted Roofing
Membrane Assembly (IRMA) roofs, or roofs of similar construction where the
insulation is laid over the roofing membrane.
All sealing and caulking of seams and joints on these elastoplastic systems to ensure
watertightness.
All kinds of coal tar pitch and coal tar bitumen roofing and waterproofing.
All laying of tile or brick, when laid in pitch tar, asphalt mastic, Marmolite or any form
of bitumen.
All mineral surfaced roofing, including 90lb, and SIS, whether nailed, mopped with
bitumen, or applied with mastic or adhesive.
All rock asphalt mastic when used for damp and waterproofing.
All slate where used for roofing of any size, shape or color, including flat or promenade
slate, with necessary metal flashing to make watertight.
All substitute material taking the place of slate or tile, as asbestos slate or tile, cement
or composition tile, shingles of composition and wood and metal tile.
All removal of slate, tile or shingle roofing as defined above, where the same is to be re-
laid.
All substrates used on the roof deck for fireproofing or any materials used as a
support or nailing surface for the roofing system over the deck.
All types of coatings, toppings and finishes used on the roof surfaces.
All types of retardants, coatings, mastics and toppings when used for roof maintenance
and repairs.
All types of roofing or reroofing slate, tile shingles, underlayment felts or composition
roofing of any description.
All types of spray-in-place foams such as urethane or polyurethane, and the coatings that
are applied over them.
All work done on iceboxes and refrigerators pertaining to the use of bitumen or cement.
The removal of slate, tile shingles and all types of reroofing on prevailing rate jobs.
All base flashings, curb flashings and counter flashings of elastoplastic composition as
outlined above used to roof or waterproof intersections of horizontal surfaces.
All wrapping and/or coating of underground piping with bitumastic enamel or cold
process, polykin tape, tapecoat, or other asphaltic coatings or tapes.
All tear-off and/or removal of any type of roofing, all spudding, sweeping, vacuuming
and/or cleanup of any and all areas of any type where a roof is to be re-laid or any materials
and operation of equipment such as kettles, pumps, tankers, or any heating devices that
are used on roofing or waterproofing systems coming under the scope of jurisdiction as
outlined in Article Il is to be applied.
All tile where used for roofing of any size, shape or color, and in any manner laid
including flat or promenade tile, with necessary metal flashing to make watertight.
ARTICLE III
Section l. The Union agrees to furnish the Employer, upon request, duly qualified
workmen in sufficient numbers as may be necessary, if they are available, to properly
execute the work contracted for by the Employer in the manner and under the conditions
specified in this Agreement. Before the Employer shall hire any men, the Union shall be
given eight (8) hours notice in order to supply men needed.
Section 4. The Employer hereby recognizes its present employees as duly qualified roofers
and apprentices.
ARTICLE IV
Section 1. The working day shall consist of eight (8) hours labor in the shop or on the job
between eight (8) a.m. and four-thirty (4:30) p.m. or eight consecutive hours mutually
agreed upon. The working week shall consist of five (5) working days labor in the shop
or on the job. All full time or part time labor performed during the hours specified herein
shall be recognized and paid for at the hourly rates specified in this Agreement.
Section 2. It is hereby agreed that all labor in connection with or incidental to work
covered by this Agreement shall be performed within the regular working hours
specified in Section 1, Article IV of this Agreement. Overtime shall be permitted or
required outside of said regular working hours or on holidays specified in this
Agreement in cases of emergency. Double time shall be paid for Sundays and holidays,
time and one-half for Saturdays, and time and one-half beyond working hours for
regular working days.
Section 3. The Employer is entitled to eight (8) hours work on the job. All work after eight
(8) hours shall be paid at time and one-half rate.
Section 4. No Contractor shall hire members of the Union presently working for another
contractor for any overtime work without permission of the Union Business Manager.
Section 5. The following legal holidays are to be recognized within the territory covered
by this Agreement: Sundays, New Year's Day, Good Friday, Memorial Day, Fourth of
July, Labor Day, Thanksgiving and Christmas.
Section 5.1. If any holiday falls on a Saturday, it will be observed the Friday prior to the
holiday. If the holiday falls on a Sunday, it will be observed the next day on Monday.
Section 7. As a condition of employment, all new applicants to the Union shall sign a
statement allowing the Employer to deduct one (1) hour's pay per day from his weekly
pay which will be applied to his initiation fee.
Section 8. Shift Pay. $1.50 per hour for Shift Work. Work that starts between 3:00 p.m.
and 3:00 a.m. is considered Shift Work and entire eight (8) hour shift is straight time rate
plus $1.50 per hour. If start time is after 8:00 a.m., Shift Pay starts after 4:30 p.m. (extra
$1.50 per hour broken shift.)
Section 9. Light Duty. In the event a signatory contractor assigns any member of the
bargaining unit to Light Duty, that member shall receive wages and contributions to the
Health Fund pursuant to the schedule set forth in this Agreement, whether or not they
are working in covered employment. A member working Light Duty may be assigned to
work as a Safety Monitor. The Employer will pay 250 hours per quarter to enable the
member to maintain his Health Benefits.
ARTICLE V
Section la. Effective June 3, 2017, the minimum rate of wages will be as follows:
6/1/2017 1/1/2018 6/1/2018 1/1/2019 6/1/2019 1/1/2020
Slate & Tile
Roofers Foreman
$37.42 T.B.D. T.D.B. T.D.B. T.D.B. T.D.B.
1 to 4 men on crew
(plus foreman)
Slate & Tile
Roofers Foreman
$38.17
5 or more men on
crew (plus foreman)
Composition
$35.67
Roofers Journeyman
Section 2. Level 1 apprentices starting after June 3, 2017 (Level 1) will not receive
SRF. Level 2 apprentices starting after June 3, 2017 (Level 2), will receive SRF at a
rate of $1.85 per hour.
The Apprenticeship program shall consist of six (6) steps at 1,000 hours each for a
total of 6,000 hours. Listed below are the six (6) pay steps. The Apprenticeship
Program is subject to approval of state and federal agencies.
Apprentices shall receive the following percentages of journeyman's pay, plus fringe
benefits. These rates will apply from June 3, 2017 to January 1, 2018. Thereafter, the
distribution of wage increases will change these figures.
Section 3. Pre-cast concrete, Tectum or similar Roof Decking and Spray Waterproofing
shall be paid at the rate of Slate & Tile Roofers. Wood Block Flooring shall be paid at the
regular rate. When asphalt shingles are to be applied, an Employer may use for such work
mechanics as desired. In the event a slate roofer is available, said slate roofer shall be
given preference to perform such work, subject to Employer’s hiring right of decision as
to individual's qualifications and performance. Rates for work on asphalt shingles shall be
at the rate provided in the wage schedule of the employee performing work.
Section 4. Foreman with a crew of 1 to 4 men (plus the foreman) shall receive $1.25
per hour more than the journeyman. Foreman with a crew of 5 or more men (plus the
foreman) shall receive $2.00 more per hour than the journeyman.
Section 5. Three (3) or more slaters on job–one (1) to get foreman's pay. This applies to
slate work only.
Section 7. Except as hereinafter specified, workmen shall provide for themselves the
necessary transportation to the job, so as to arrive for work at starting time, and from the
job at quitting time, within a 15-mile zone from the shop where he is employed. Any
additional transportation required during the regular working hours shall be provided or
paid for by the Employer.
Section 8. The employer shall pay two (2) way travel allowance from shop to job and job
to shop providing the distance traveled is greater than 15 miles. Mile 16 becomes mile one
(1) for the purpose of travel pay computation and will be paid at the following rates:
Section 11. Drivers of vehicles requiring CDL licenses are to be paid $10.00 per hour
straight time and $15.00 per hour time and one-half if the driver works eight (8) hours
on the job.
Section 12. Minimum of $45.00 per day for room and board or combination of
contractor paying for room with two people and food allowance of $32.00 per day,
payable in advance, based on a seven (7) day week on jobs 100 miles or more from
shop. All jobs over 100 miles from the shop may be room and board on a five (5) day
week. On a partial work week, room and board to be paid on a per day basis.
Transportation and traveling expenses shall be provided or paid for to and from the job
on a mileage basis.
Section 13. On Room and Board jobs over 100 miles which are seven (7) days room and
board, mileage paid to job at the start will be at the rate of .30 per mile. Mileage paid
traveling home when job is finished also is at .30 per mile. On jobs over 100 which are
five (5) days Room and Board, employers and employees must mutually agree if the
particular job be Room and Board or mileage.
Section 13.1. At no time shall the roofer have less than $32.00 for food and expenses after
the room has been paid by the employer. At all times, the room shall be one that is
appropriately clean and hospitable. Effective June 3, 2017, food expense will be $32.00.
Section 14. All out-of-town contractors working under jurisdiction of the Union will use
the Hall (Local Union No. 9 offices) as the work starting point and workers will be paid
traveling expenses or room and board from the Hall.
Section 19. Surety Bonds—An Employer, whose principal place of business is outside the
geographic jurisdiction of the Union, shall become signatory to the current Collective
Bargaining Agreement of said Union, when working on a job in the Union's area.
To insure payment of fringe benefits, that Employer shall obtain and deliver to the
Union or its designated representative, a bond with acceptable corporate surety in the
amount of $30,000. Fringe benefits described in Sections 18 and 19 shall the Union’s
Pension Fund, Health Fund, Supplemental Retirement Fund, Payroll Savings, Joint
Apprentice Training Fund, FFC, International Education & Trust Fund and any
subsequent funds that may be added through collective bargaining.
The amount of the bond will be increased proportionally if the Employer's work force
increases significantly.
ARTICLE VI
The Union and Employers agree to each contribute $.05 per hour to belong to The
Foundation for Fair Contracting. Either the Union or the Employers may withdraw any
time.
ARTICLE VII
Section 1. The Business Manager of the Union shall have the privilege of visiting the
shop or job of the Employer to transact such legitimate business he may have to perform
relating to this Agreement, provided he does not hinder the workmen in the performance
of their work or delay progress of the operations.
Section 4. It is mutually agreed that employees shall not be transported to and from the
job in the back of trucks at any time.
Section 5. The Employer shall furnish suitable working gloves and goggles at cost. The
Employer shall furnish protective creams and suitable protective clothing for work on
liquid waterproofing jobs.
Section 7. The total number of hours worked per week, plus payroll savings withholdings,
plus overtime, if any, and the total number of hours worked year-to-date shall be stated
on envelope or enclosed slip.
Section 8. The ratio for a working crew shall be three (3) journeymen to one (1)
apprentice.
Section 9. When two (2) or more men work together, one shall receive foremans’ pay. In
all cases, the journeymen shall receive foreman's pay.
Section 10. It is agreed that on reroofing jobs over 15 squares, Employers may hire an
apprentice for each journeymen employed. There shall not be less than three (3)
journeymen on each job.
Section 11. Only journeymen shall operate hot spreaders, gravel spreaders, pump kettles
and tanker trucks. A kettleman should be required to operate only two (2) heat producing
units, such as tankers or kettles, at one time. Drivers of tanker trucks and low tractor-
trailers will be paid on an hourly basis, instead of traveling time. Light-up time will go to
journeymen running tanker or kettles on job when available.
Section 12. When working for out-of-town contractors, the steward shall receive $2.25 an
hour above journeymens’ rate.
Section 14. One journeyman shall remain on the ground at all time with tankers.
Section 15. At no time shall roofing paper be applied to a roof that weighs over 65 lbs.,
except 90 lb. mineral surface felt.
Section 16. No work covered by this Agreement and recognized by the Union shall be
sub-contracted or contracted out by the Employer to any other firm or employer unless
such firm or employer to which the work is contracted or subcontracted agrees in writing
prior to such contract to be bound by the terms and conditions of employment (including
wages and all fringe benefits paid by the Signatory Employer) specified in this
Agreement.
Section 17. Blades for roofing knives shall be supplied by the Employer.
Section 18. On all jobs the Employer shall supply water containers of the appropriate
type and cups.
Section 19. Start Time—An employee must be told one-half hour after his starting time
whether or not he will be put to work. He must call the shop or check list (shop policy)
the night before to learn his starting time. The employee must be on time for this clause
to be in effect.
Section 20. Each shop shall have a shop steward with at least one (1) continuous year
of employment in that shop. The Union Business Manager shall appoint him. He shall
in no way be discriminated against for Union activities.
Section 21. The Union agrees that if any work stoppage occurs, and during that
stoppage emergency maintenance work is required, the Union, upon recognition of the
emergency situation, will supply the necessary workers to do the temporary emergency
work.
Section 22. The Union will participate in all Building Trades Project Agreements. The
Union Business Manager can grant relief, no more than two (2) concessions, on large or
labor-intensive roofing jobs with non-union competition. Maximum relief shall be 90%
of taxable wages and no travel (plus fringe benefits). From September 1 through May
31, the Business Manager may grant additional relief in the form of a ten (10) hour day
with time and one-half worked over ten (10) hours per day Monday thru Friday. Any
work performed on Saturday shall be at time and one-half rates. On a ten (10) hour day,
a second ten (10) minute break shall be taken in the afternoon. A 30-minute lunch break
shall be allowed. Contractors who are 30 days late in sending in their funds shall not be
granted relief measures.
ARTICLE IX
Section 1. It is hereby understood and agreed that nothing included in this Agreement
shall be interpreted, construed, or applied in any way that will conflict with the obligation
of the employees or Employers or that will be in violation of any Federal or State law
applicable to this Agreement.
ARTICLE X
Any member or initiate injured during the course of his day's work shall, whenever
possible, immediately notify his foreman and complete the proper 1st Report of Injury
paperwork. The Employer should notify the Union office within 24 hours of a serious
injury (one which results in lost time).
ARTICLE XI
All provisions of this Agreement shall continue in force and effect beginning with June
3, 2017 and for the period ending May 30, 2020 and to continue in force and effect from
year to year thereafter unless either party shall desire a change and shall file notice in
writing of change desired at least 90 days prior to any subsequent year ending May 31.
The established wage scales specified herein shall continue in force and effect June 3,
2017 to May 30, 2020 pending negotiations and settlement of any proposed changes by
either party.
Michael P. Hassett
Business Manager
Roofers Local Union No. 9
____________________________
Company Name
_____________________________ _____________________________
Signature of Company Representative Michael P. Hassett
2016 -2021
Sprinkler Large Agreement 2016-21 Cover 4-C 17x11 10.indd 1 6/2/16 8:49 AM
TABLE OF CONTENTS
THIS AGREEMENT is made this 1st day of April, 2016 (and constituting revision of the
original Agreement of April 6, 1915, and revisions and renewals thereof) and between
National Fire Sprinkler Association, Inc. (hereinafter sometimes referred to as “NFSA”
or “The Association”) and Road Sprinkler Fitters Local Union 669 (hereinafter referred to
as the “Union”).
ARTICLE 1
The National Fire Sprinkler Association, Inc., a body corporate under authority from
its members pursuant to its By-Laws, has negotiated and signed this Agreement for and on
behalf of contractors that have given the National Fire Sprinkler Association, Inc. written
authority to negotiate this Collective Bargaining Agreement, each of whom is the “Employer”
party to this contract. A list of the names of those contractors authorizing NFSA to negoti-
ate and execute this Agreement and on whose behalf it is negotiated and executed is
attached hereto and made a part hereof.
It is understood that the NFSA is not responsible for the actions of individual con-
tractors relative to the application of and compliance with this Agreement. NFSA has the ex-
clusive right to appoint employer representatives to all joint committees or trust boards that
are in existence and/or come about as a result of the terms and conditions of this Collective
Bargaining Agreement. NFSA may, at its option, with the approval of the contractor partici-
pate in any grievance involving said contractor who has given NFSA authority to negotiate
this Collective Bargaining Agreement.
It is further understood and agreed that any Employer bound by the terms of this
Agreement by virtue of the authority described in the above paragraph agrees that, if the
contractor withdraws its membership from NFSA or its membership is terminated for any
reason, the contractor shall be bound by all the terms and conditions of the Agreement for
the balance of the term of this Agreement. NFSA agrees to notify the Union when any con-
tractor member withdraws or is terminated from the NFSA within twenty (20) days of such
action. NFSA shall also notify the Union of any new member joining NFSA within a period
of twenty (20) days from receipt of application, subject to subsequent Board of Directors ap-
proval, and shall furnish the Union with a copy of the signed agreement whereby the Com-
pany authorizes NFSA to represent it in Collective Bargaining.
3
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The Union shall submit to NFSA within thirty (30) days of the signing of this Agreement
a copy of separate agreements signed with employers who are not members of NFSA and/or
are not party to this Agreement and shall thereafter advise NFSA in writing within ten (10)
days of any new employers with whom the Union has signed a separate agreement. The
Union shall promptly provide NFSA with copies of correspondence with employers
represented by NFSA.
ARTICLE 2
This Agreement is entered into in good faith and the subscribers declare their entire
willingness to fulfill all requirements contained herein, their acts being done with the full
knowledge, consent and authority of the Employer and the Union. It is hoped and believed
that this Agreement properly respected will tend to remove the causes for industrial strife
and bring about a better understanding between the Employer and the Union.
STANDING COMMITTEE: Recognizing the fact that this Agreement is for five (5)
years, the parties to this Agreement hereby create a Mutual Cooperation Committee which
will meet on a periodic basis, every one hundred twenty (120) days, or sooner, if the need
arises, to discuss problems that are of mutual concern to the NFSA and Local Union 669.
The primary purpose of this Committee is to evaluate the effectiveness of this Col-
lective Bargaining Agreement in reclaiming the market for signatory contractors and their
employees and if market share continues to decline, the parties to this Agreement shall dis-
cuss possible ways and means to further prevent continued loss of market.
All employers in a given area agree to provide timely information to the respective
State and Federal agencies as requested by the Union and/or NFSA, for purposes of es-
tablishing and maintaining area standards for public work projects.
ARTICLE 3
RECOGNITION: The National Fire Sprinkler Association, Inc. for and on behalf of its
contractor members that have given written authorization and all other employing contrac-
tors becoming signatory hereto, recognize the Union as the sole and exclusive bargaining
representative for all Journeymen Sprinkler Fitters and Apprentices in the employ of said
Employers, who are engaged in all work as set forth in Article 18 of this Agreement with re-
spect to wages, hours and other conditions of employment pursuant to Section 9(a) of the
National Labor Relations Act.
The Union also recognizes the National Fire Sprinkler Association, Inc. as the Col-
lective Bargaining Agency for contractors who have given written authorization and for those
contractors who become signatory to this Agreement.
This Agreement shall be binding upon the parties hereto, their successors, adminis-
trators, executors and assigns. It is understood that the parties hereto shall not use any
sale, transfer, lease, assignment, receivership, or bankruptcy to evade the terms of this
Agreement.
4
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ARTICLE 4
UNION SECURITY: All present employees covered by this Agreement who are mem-
bers of Local Union 669 shall, as a condition of employment, maintain their membership in
the Union (to the extent and in the manner provided for and permitted by State and Federal
laws). All other employees covered by this Agreement shall, as a condition of employment
(to the extent and in the manner provided for and permitted by State and Federal laws) be-
come members of Local Union 669 seven (7) days following April 1, 2016. All new employ-
ees shall, as a condition of employment, become members of Local Union 669 at the end of
seven (7) days employment (to the extent and in the manner as provided for and permitted
by State and Federal laws).
A person not a member of the United Association shall be acceptable for employment
as a Journeyman only after he has produced for the Employer sworn affidavits of five (5)
year’s experience in the Sprinkler Industry as an Apprentice and/or Journeyman on the let-
terhead of his previous Employer or Employers, and such affidavits have been forwarded to
the Union. The five (5) year period conforms to the period of Apprentice training as set forth
in the Apprentice Standards of the Sprinkler Industry.
A person not a member of the United Association shall be acceptable for employment
as an Apprentice after he has met the requirements in the Apprentice Standards, been ac-
cepted by the Joint Apprenticeship and Training Committee and issued a probationary Ap-
prentice classification card by the Director of Apprenticeship of Local 669. If the Union is
unable to furnish individuals to the Employer, and the Employer employs individuals not
members of the United Association, these employees shall be paid the Journeyman’s rate
provided in the Agreement and contributions shall be made on such employees to the vari-
ous fringe benefit funds as provided in this Agreement.
DUES CHECK-OFF: The Employer agrees to deduct Union Membership Dues law-
fully and uniformly levied by the Union in accordance with the Constitution and By-Laws of
the Union, or other lawful deductions (i.e., the $0.15/hr. for Michigan Industry Advancement)
from the pay of each employee who executes or has executed the following “Authorization
for Check-Off of Work Assessment” form. An “Authorization for Check-Off of Work Assess-
ment” form furnished by the Local Union, shall be given by the Employer to each new em-
ployee performing work under this Agreement, for the employee’s consideration. Such
deductions shall be computed and deducted weekly and remitted monthly to the Local Union
669 National Office at 7050 Oakland Mills Road - Suite 200, Columbia, MD 21046, not later
than the 15th day of each month following the month in which the wages were paid. The pay-
ments to Local Union 669 required under this provision may be transmitted to the Union by
means of electronic transfer of funds.
5
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
AUTHORIZATION FOR CHECK-OFF OF WORK ASSESSMENT
SPRINKLER FITTERS LOCAL UNION 669
7050 OAKLAND MILLS ROAD - SUITE 200, COLUMBIA, MARYLAND 21046
TO: Any and All Employers Signatory to a Collective Bargaining Agreement with Local Union #669
I, hereby assign to Local Union #669, United Association of Journeymen and Apprentices of the Plumbing and Pipe
Fitting Industry of the United States and Canada, AFL-CIO, from any wages earned by me as an employee of any employer who
is signatory to an applicable Collective Bargaining Agreement (in my present or in any future employment), the currently applica-
ble Local Union 669 dues assessment as a percentage of the gross wages earned by me for all hours worked and/or paid. I also
assign and authorize deduction of any other assessment lawfully authorized and enacted by the union membership on a district,
state, regional or national basis. I authorize and direct you to deduct such amounts from my pay on a weekly basis irrespective of
my membership in the union and to remit said sum monthly to Local #669 in such manner as may be agreed upon between Local
#669 and the employer at any time while this authorization is in effect.
This assignment, authorization and direction shall be irrevocable for a period of one year from the date of delivery hereof
to you, or until the termination of the Collective Bargaining Agreement between you and Local #669 which is in force at the time of
delivery of this authorization, whichever occurs sooner; and I agree and direct that this assignment, authorization and direction shall
be automatically renewed and shall be irrevocable for successive periods of one year each and for the period of each succeeding
applicable Collective Bargaining Agreement between an employer with whom I am at that time employed and Local #669, whichever
shall be shorter, unless written notice is given by me to the employer with whom I am at that time employed and Local #669 not
more than twenty (20) days and not less than ten (10) days prior to the expiration of each period of one year, or of each applica-
ble Collective Bargaining Agreement between an employer with whom I am at that time employed and Local #669, whichever
occurs sooner.
(Continued on Reverse Side)
This authorization is made pursuant to the provisions of Section 302(C) of the Labor-Management Relations Act of 1947
and otherwise and shall be effective January 1, 1997 or the date of execution, whichever is later.
It is agreed that the above “Authorization for Check-Off of Work Assessment” form and “any revocation” thereof shall be
executed in triplicate. Distribution of copies - 1) Original to Local 669, 7050 Oakland Mills Road, Suite 200, Columbia, Maryland
21046; 2) Green copy retained by contractor for his records; 3) White copy for member’s records.
Any change in the rate or amount of membership dues levied by the Union shall be put
into effect and the deductions made during the calendar month following the calendar month
in which the Employer received from the Union written notice of the change. The Union
agrees to save and hold the Employer and the National Fire Sprinkler Association, Inc. harm-
less from any action, claim, loss, damage, or the like, including all attorneys’ fees arising
from or in any way connected with any deduction made pursuant to this article.
6
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
LOCAL 669 POLITICAL ACTION COMMITTEE CHECK-OFF
The employer shall deduct from the pay of each employee covered by this Agree-
ment, and remit to the Treasurer of the Road Sprinkler Fitters Local 669 Political Action Com-
mittee (“Local 669 PAC”) voluntary contributions to the Local 669 PAC for each employee
who voluntarily executes the authorization check-off form provided for that purpose by the
Local 669 PAC.
The amount and timing of such check-off deductions and the transmittal of such vol-
untary contributions shall be as specified in those forms, and in compliance with all applica-
ble federal and state laws. Contributions of Fifty Dollars ($50.00) or less must be remitted to
the Local or PAC Fund within thirty (30) days of such deduction and contributions over Fifty
Dollars ($50.00) must be remitted within ten (10) days of such deduction.
The Employer will invoice Local 669 Fifty Cents ($0.50) per bargaining unit employee
per month, to cover the Employer’s reasonable administrative costs of complying with this
provision.
The Employer will deduct Twenty-Five Cents ($0.25) per hour from the employee’s pay
and remit it to the Extended Benefit Fund.
The Union agrees to save and hold the Employer and the National Fire Sprinkler As-
sociation, Inc. harmless from any action, claim, loss, damage, or the like, including all attor-
neys’ fees arising from or in any way connected with any deduction made pursuant to this
Article.
ARTICLE 5
HIRING OF EMPLOYEES: Should the Employer fail to secure unemployed 669 Sprin-
kler Fitter Journeymen and Apprentices from any source available to him, he shall contact
the Union requesting a referral of qualified unemployed Sprinkler Fitter Journeymen or Ap-
prentices residing within one hundred (100) miles of the job site. The Union shall be given
seventy-two (72) hours, from time of notification to refer qualified unemployed Sprinkler Fit-
ter Journeymen or Apprentices to perform the work involved.
If the Union fails for any reason to refer unemployed qualified Sprinkler Fitter Journey-
men or Apprentices within seventy-two (72) hours, the Employer may hire new Apprentices
in accordance with the ratios established in this Agreement and subject to applicable Ap-
prentice selection procedures.
The Employer shall have the right to accept or reject for just cause, any job applicant and
to solicit from among applicants those, who in his estimation, are the best qualified.
7
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Journeymen Sprinkler Fitters shall have the right to solicit their own jobs.
Nothing contained herein shall prevent the transfer of an employee from one job to
another.
The parties recognize the legitimate interest of preserving and maintaining employ-
ment in the area in which work is being performed. Local employees shall therefore be the
last laid off when an Employer lays off on a job.
ARTICLE 6
This Agreement applies to the United States, and Off-Shore Drilling operations, ex-
cept in the territory established as of April 1, 2016, covered by the local agreements in
Boston-550, Chicago-281, Cleveland-120, Detroit-704, Kansas City-314, Los Angeles-709,
Milwaukee-183, Minneapolis-St. Paul-417, Newark-696, New York-638, Philadelphia-692,
Pittsburgh-542, St. Louis-268, San Francisco-483, Seattle-699, and the state of Florida-821.
It is agreed that the contractor members who are subscribers to this Agreement shall, when
performing work within the jurisdiction of any other Sprinkler Fitters Local Union, adhere to
and be bound by the terms and conditions of the Collective Bargaining Agreement negoti-
ated by the National Fire Sprinkler Association, Inc. with these other Sprinkler Fitters Local
Unions.
Travel expenses as applicable under Article 11 of the Agreement shall be paid from
the employee’s residence to the point of embarkation (i.e., boat landing, helicopter pad, etc.)
servicing the structure on which the job is located. Time spent from the point of embarka-
tion to the structure and from the structure to the point of embarkation shall be considered
hours worked. Travel expense at job completion will be applied as provided under Para-
graph (E), Article 11 of the Agreement.
Subsistence as applicable under Article 11 of this Agreement shall be paid to the point
of embarkation.
8
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Hours of work including shifts, starting time, meal periods, etc., shall conform to prac-
tice on the structure.
Overtime at the rate of double the appropriate hourly rate shall be paid for hours
worked outside the regularly scheduled work shift as established on the structure.
The hourly rate for Journeymen and Apprentices at the point of embarkation shall be
the hourly rate for work performed on the structure and applicable travel expense.
In no case shall an employee be required to remain on the structure for more than
fourteen (14) consecutive calendar days.
ARTICLE 7
WAGES: It is agreed that the hourly wage rate for Sprinkler Fitters shall apply to jobs in the
states effective April 1, 2016 for the duration of the Agreement:
Wage Rate
In states/districts where Local 669 members have already enacted an Industry Ad-
vancement Fund, or during the life of the Agreement vote to adopt an Industry Advancement
Fund, the hourly contribution to those Funds will be deducted from the wages listed below
and treated the same as union dues under this Agreement. The states currently without an
Industry Advancement Fund are in bold underline below and the rates applicable to each
state or portion of state can be found following the “Counties” section below.
9
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
KANSAS $31.97 $33.17 $34.37
KENTUCKY $32.50 $33.75 $35.05
LOUISIANA $27.02 $27.27 $27.52
MAINE $27.39 $28.24 $29.14
MARYLAND $33.40 $34.40 $35.60
MASSACHUSETTS $39.01 $40.26 $41.51
MICHIGAN $33.62 $34.87 $36.12
MINNESOTA $35.08 $36.33 $37.58
MISSISSIPPI $24.03 $24.53 $25.03
MISSOURI $33.49 $34.79 $36.09
MONTANA $32.35 $33.35 $34.35
NEBRASKA $33.50 $34.75 $36.00
NEVADA (1) $39.34 $41.09 $42.79
NEVADA (2) $41.10 $42.35 $43.85
NEW HAMPSHIRE $29.06 $29.81 $30.61
NEW JERSEY $48.15 $49.15 $50.25
NEW MEXICO $28.90 $29.90 $30.90
NEW YORK (1) $32.66 $33.76 $34.91
NEW YORK (2) $42.72 $43.97 $45.42
NEW YORK (3) $33.18 $34.43 $35.68
NORTH CAROLINA $25.46 $25.46 $25.46
NORTH DAKOTA $31.77 $32.87 $33.97
OHIO $35.08 $36.33 $37.78
OKLAHOMA $30.47 $31.32 $32.32
OREGON-1 $36.06 $37.66 $39.21
OREGON-21 $31.75 $32.75 $33.75
PENNSYLVANIA $36.05 $37.40 $38.80
RHODE ISLAND $42.62 $43.92 $45.32
SOUTH CAROLINA $24.17 $24.17 $24.17
SOUTH DAKOTA $30.16 $31.01 $31.86
TENNESSEE $26.05 $26.80 $27.55
TEXAS $28.18 $29.03 $30.03
UTAH $32.14 $33.14 $34.20
VERMONT $26.96 $27.71 $28.48
VIRGINIA (1) $26.80 $27.05 $27.30
VIRGINIA (2) $33.40 $34.40 $35.60
WASHINGTON-1 $36.06 $37.66 $39.21
WASHINGTON-21 $31.95 $33.20 $34.45
WEST VIRGINIA $33.02 $34.02 $35.27
WISCONSIN $39.48 $40.88 $42.28
WYOMING $31.55 $32.35 $33.35
10
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Counties
1) California (1)
Counties- Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San
Joaquin, San Luis Obispo, Santa Barbara, Santa Cruz, Stanislaus, Tulare, Tuolumne, and
portion of Kern County WEST of Highway 14.
2) California (2)
Counties- Alpine, Amador, Butte, Colusa, Del Norte, El Dorado, Glen, Humboldt, Lake,
Lassen, Mendocino, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou,
Sutter, Tehama, Trinity, Yolo and Yuba.
3) California (3)
Counties- San Bernardino, Riverside, Orange, Imperial, Inyo, Los Angeles, Mono, Ventura,
and portion of Kern County EAST of Highway 14.
4) California (4)
Counties- San Diego County.
5) Nevada (1)
Excludes Nevada counties of Clark, Nye & Lincoln.
6) Nevada (2)
Includes Nevada counties of Clark, Nye & Lincoln.
The Union may, at its discretion, reallocate moneys due between wages and S.I.S.
Fund contributions, once every calendar year, with thirty (30) days prior written notice to the
NFSA and signatory contractors, with action taking place by July 1 of each year, provided that
the sum of the total contribution to wages and the S.I.S. Fund remains the same.
11
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
INDUSTRY ADVANCEMENT FUND PAYROLL DEDUCTION SCHEDULE
STATE AMOUNT
Alabama $0.50/hour
Alaska $0.25/hour
Arizona $0.50/hour
Arkansas $0.50/hour
California (District 2 only) $2.00/hour
California (District 22 only) $0.50/hour
California (District 27 only) $1.00/hour
Colorado $1.00/hour
Delaware $0.60/hour
District of Columbia $0.60/hour
Georgia $0.50/hour
Idaho (District 21 only) $0.75/hour
Idaho (District 40 only) $1.00/hour*
Illinois $0.50/hour
Indiana $1.00/hour
Iowa $0.50/hour
Kansas $0.50/hour
Kentucky $0.35/hour
Louisiana $0.50/hour
Maine $0.53/hour
Maryland $0.60/hour
Massachusetts $0.53/hour
Michigan $0.15/hour
Minnesota $0.25/hour
Mississippi $0.50/hour
Missouri $0.50/hour
Montana $0.75/hour
Nebraska $0.50/hour
Nevada (District 2 only) $2.00/hour
Nevada (District 25 only) $1.00/hour
New Hampshire $0.53/hour
New Jersey $1.00/hour
New York (District 19 only) $0.35/hour*
New York (District 34 only) $0.50/hour
North Carolina $0.75/hour
North Dakota $0.75/hour *
Ohio $1.00/hour
Oklahoma $0.50/hour
Oregon (District 1 only) $0.50/hour
Oregon (District 21 only) $0.75/hour
Pennsylvania $1.00/hour
South Carolina $0.50/hour
12
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
South Dakota $0.75/hour*
Tennessee $0.75/hour
Texas (District 5 only) $0.25/hour
Texas (District 26 only) $0.50/hour
Utah $1.00/hour*
Vermont $0.53/hour
Virginia $0.60/hour
Washington (District 1 only) $0.50/hour
Washington (District 21 only) $0.75/hour
Wisconsin $0.50/hour
Wyoming $1.00/hour
*All funds apply to hours worked by Class 5 apprentices and above, except for
the District 19, District 40, North and South Dakota Funds which applies to all
hours for all members.
No reduction in the wages provided for in this Agreement will be made without a se-
cret ballot ratification vote in favor of the reduction by the affected bargaining unit employ-
ees.
The total economic package shall be defined as Wages, Health and Welfare Fund, in-
cluding RESA, Pension Fund, Education Fund and S.I.S. Fund.
The current contribution rate to the NASI Health and Welfare Fund is Eight Dollars and
Seven Cents ($8.07) per hour. Effective January 1, 2017, the Health and Welfare contribu-
tion rate shall be Eight Dollars and Thirty-Two Cents ($8.32) per hour; effective January 1,
2018, the Health and Welfare contribution rate shall be Eight Dollars and Sixty-Seven Cents
($8.67) per hour; and, effective January 1, 2019, the Health and Welfare contribution rate
shall be Nine Dollars and Two Cents ($9.02) per hour.
The current contribution rate to the RESA fund is Seventy Cents ($0.70) per hour.
Effective January 1, 2017, the RESA contribution rate shall be Eighty-Five Cents ($0.85) per
hour; and, effective January 1, 2018, the RESA contribution rate shall be One Dollar ($1.00)
per hour.
Effective April 1, 2017, the hourly S.I.S. Fund contribution rate shall be increased by
$0.15 per hour; and effective April 1, 2018, the hourly S.I.S. Fund contribution rate shall be
increased by $0.25 per hour.
The current contribution rate to the NASI Pension Fund is Six Dollars and Five Cents
($6.05) per hour. Effective January 1, 2017, the Pension Fund contribution rate shall be Six Dol-
lars and Twenty Cents ($6.20) per hour; effective January 1, 2018, the Pension Fund contribu-
tion rate shall be Six Dollars and Forty Cents ($6.40) per hour; and effective January 1, 2019,
the Pension Fund contribution rate shall be Six Dollars and Sixty Cents ($6.60) per hour.
The current contribution rate to the Education Fund (including the U.A. Training Fund)
13
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
is Forty-Five Cents ($0.45) per hour. Effective April 1, 2017, the Education Fund contribu-
tion rate (including the U.A. Training Fund) shall be Forty-Seven Cents ($0.47) per hour; ef-
fective April 1, 2018, the Education Fund contribution rate (including the U.A. Training Fund)
shall be Fifty-Two Cents ($0.52) per hour.
Effective April 1, 2019, the combined total of the wage and S.I.S. rates shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective January 1, 2020, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective April 1, 2020, the combined total of the wage and S.I.S. rates shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective January 1, 2021, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Wages shall be paid on or before the end of the employee’s workday each Friday, in-
cluding all wages due up to and including the previous Friday.
Contractors may pay the wages required by this Article by means of direct electronic
deposit of funds to accounts maintained by the employees covered by this Agreement.
Employers who utilize direct deposit for their employees will make deposits to the em-
ployee accounts on the standard designated payday. Appropriate documentation shall be
transmitted to the employee at the same time showing the Employee’s name and address,
pay period covered, regular and overtime wages, and all deductions, and also the amount
of contributions made on behalf of the employee to the various fringe benefit funds. Em-
ployees who elect not to receive pay by direct deposit will receive this information by check
stub accompanying their pay check.
When an employee is laid off, he shall be provided with a layoff slip and paid in full at
the time his services are thus discontinued.
The pay period for any Sprinkler Fitter or Apprentice who quits shall be his regular pay
period.
14
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
An Employer may “discharge” an employee for just cause only, and the employee
shall be given written notice within two (2) days of the reason therefore.
An employee who doesn’t receive his pay check at the time set forth in this Article shall
be entitled to eight (8) hours pay.
It is further understood that the employee then has the responsibility to notify the Em-
ployer concerning the late pay check and subsequent to notification, the employee shall be
entitled to eight (8) hours pay for each twenty-four (24) hour period until he receives his pay
check.
An employee who notifies both his Employer and the Union in writing that he wishes
his pay check to be mailed to his home address shall not be entitled to any penalty pay-
ments for late checks due to the post office services, provided the check was mailed in suf-
ficient time to arrive within the time limits of this Article.
Any employee injured on the job to the extent of requiring a doctor’s care, and which
injury the doctor determines prevents the employee from returning to work, shall be paid a
full days wage for the day of the injury.
ARTICLE 7A
Residential work is made a part of this Agreement. All work in connection with the in-
stallation and maintenance of fire protection systems for residences shall continue to be cov-
ered by Article 18 of this Agreement. All articles, terms, and conditions of this Agreement
shall be applicable to “residential fire protection work,” as defined below, unless specifically
amended herein. This Agreement shall be applicable in all the states within the territorial ju-
risdiction of the Union.
“Residential fire protection work” is defined to mean any work covered by Article 18
of this agreement on:
2. All multiple family dwelling units which are permitted to have a single exterior up to
and including four stories;
15
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
3. Townhouses with units stacked vertically up to and including four stories; and
4. Group residential care facilities and protective care homes (sheltered housing), not
to include nursing homes or ambulatory care facilities.
Exemptions:
1. The following states shall be allowed a 1:3 ratio of Building Trades Journey-
man/Apprentice (to be paid at building trades rates) to Metal Tradesmen/Helpers
for hotels/motels up to and including five (5) stories. The first sprinkler fitter on the job
shall be a Building Trades Foreman and shall be the last sprinkler fitter on the project.
1. The following special conditions are provided for bolded underlined
states defining counties within the state.
Nevada: the entire state except the counties of Clark, Carson City,
Churchill, Douglas, Humboldt, Lyon, Pershing, Storey and Washoe.
2. The following states shall be allowed a 1:3 ratio of Building Trades
Journeyman/Apprentice (to be paid at building trades rates) to Metal
Tradesmen/Helpers for residential care facilities, protective care homes
(sheltered housing), nursing homes or ambulatory care facilities up to and
including five (5) stories:
16
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The first sprinkler fitter on the job shall be a Building Trades Foreman and
shall be the last sprinkler fitter on the project.
The Residential Tradesman and Residential Helper shall work on only residential jobs
as defined above and shall not be assigned to do any other work described in Article 18 of
this Agreement.
All residential fire protection work shall be performed by Building Trades Journeymen
or Apprentices represented by Local 669 or by Residential Tradesmen or Helpers repre-
sented by Local 669. The crew mix on residential fire protection projects shall consist of
one (1) Local 669 Building Trades Journeyman or one (1) Local 669 Residential Tradesman
to three (3) Local 669 Residential Helpers or three (3) Local 669 Building Trades Apprentices.
There shall be at least one (1) Local 669 Building Trades Journeyman or one (1) Local
669 Residential Tradesman on every job. It is agreed that Affirmative Action in hiring prac-
tices will be utilized.
It is understood and agreed that adoption of the foregoing Residential wage structure
effective on or after April 1, 2016, shall not result in a decrease in the wage rate of any Res-
idential Tradesmen or Helpers employed under this Agreement on April 1, 2016. This shall
not be construed to prevent a decrease in wages due to increased Metal Trades Health and
Welfare, Pension and SIS Pension contributions in such amounts as may be determined by
the Trustees of said Funds.
All residential overtime worked shall be at the rate of time and a half.
Effective April 1, 2016, the Employer shall contribute to the NASI Metal Trades Health
and Welfare Fund Four Dollars and Twenty-Five Cents ($4.25) per hour for each hour worked
by the Residential Tradesman or Helper.
Effective January 1, 2016, the Employer shall contribute to the NASI Metal Trades
Pension Fund Sixty-Five Cents ($0.65) per hour for each hour worked by the Residential
Tradesman or Helper.
Benefits will be paid on Building Trades Journeymen and Apprentices, per this col-
lective bargaining agreement.
17
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
All procedures required for fabrication of non-ferrous materials shall be performed by
Building Trades Journeymen and Apprentices or Residential Tradesmen and Helpers on the
jobsite.
Each contractor shall pay to the NASI-Local 669 Industry Education Fund Ten Cents
($0.10) per hour for all hours worked under the Local 669 Residential Work provisions of
this Article 7A. Contractors may make the payments required by this Article by the elec-
tronic transfer of funds.
Under this agreement, it is agreed that a Sprinkler Industry Supplemental (S.I.S.) De-
fined Contribution Fund contribution shall be established for Residential Tradesmen and
Helpers pursuant to the following terms.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2017, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Twenty-Five Cents ($0.25)
per hour in addition to their wages.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2018, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Thirty-Five Cents ($0.35)
per hour in addition to their wages.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2019, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Fifty Cents ($0.50) per hour
in addition to their wages.
ARTICLE 8
EXTRA CONTRACT AGREEMENTS: The Employer and the Union agree not to
enter into any Agreement or contract with members of the bargaining unit individually or col-
lectively, which in any way conflicts with the terms and provisions of this Agreement.
ARTICLE 9
JOB FOREMEN: The selection and appointment of Foremen and General Foremen
shall be made by the Employer from the employees in the Local Union 669 bargaining unit
and is the responsibility of the Employer in keeping with this Agreement.
The rate of wage for the General Foreman shall be Five Dollars ($5.00) per hour
above the Journeyman’s rate, effective April 1, 2016. All overtime for General Foremen shall
be at the rate of time and a half of the General Foreman’s rate of pay, including the General
Foreman premium rate except for Sundays and Holidays. Overtime for General Foremen
18
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
on Sundays and Holidays shall be at two times the General Foreman’s rate of pay, includ-
ing the General Foreman premium rate.
The rate of wage for Foremen shall be Two Dollars and Seventy-Five Cents ($2.75)
per hour above the Journeyman’s rate, effective April 1, 2016. All overtime for Foremen
shall be at the rate of time and a half the Foreman’s rate of pay, including the Foreman pre-
mium rate except for Sundays and Holidays. Overtime for Foremen on Sundays and Holi-
days shall be at two times the Foreman’s rate of pay, including the Foreman premium rate.
There shall be a Foreman on each job and a General Foreman on each job with
twenty-two (22) or more employees and the Employer may select from his Journeyman em-
ployees whomever he wishes to be Foreman and General Foreman from the Local Union
669 bargaining unit.
ARTICLE 10
INSPECTION PRIVILEGES: Authorized Agents of the Union shall have access to the
Employer’s job site unless prohibited by the authority having jurisdiction for job site security,
during working hours for the purpose of adjusting disputes, investigating working conditions,
and ascertaining that the Agreement is being adhered to, provided, however, that there is no
interruption of the firm’s working schedule. Upon request, the Employer agrees to make all
reasonable efforts to secure access to the job site for authorized union agents from the au-
thority having jurisdiction for job site security.
ARTICLE 11
TRAVEL EXPENSES:
(A) Effective April 1, 2016, when an employee is required to travel to a job within sixty (60)
miles of his residence, he shall be paid no expenses of any kind.
(B) When an employee is required to travel to a job beyond sixty (60) miles up to and in-
cluding eighty (80) miles from his residence, he shall be paid Seventeen Dollars and Fifty
Cents ($17.50) per day, effective April 1, 2016. Effective January 1, 2017 such employee
shall be paid Nineteen Dollars ($19.00) per day.
(C) When an employee is required to travel to a job beyond eighty (80) miles up to and
including one hundred (100) miles from his residence, he shall be paid Twenty-Seven Dol-
lars and Fifty Cents ($27.50) per day, effective April 1, 2016. Effective January 1, 2017,
such employee shall be paid Twenty-Nine Dollars ($29.00) per day.
(D) When an employee is required to travel to a job in excess of one hundred (100) miles
from his residence, he shall receive subsistence for each day worked in the amount of Eighty
Dollars ($80.00) per day, effective April 1, 2016. Effective January 1, 2017, such employee
shall be paid Ninety Dollars ($90.00) per day. Effective January 1, 2018, such employee shall
19
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
be paid One Hundred Dollars ($100.00) per day. Effective January 1, 2019, such employee
shall be paid One Hundred Five Dollars ($105.00) per day.
(E) When an employee is required to travel to a job in excess of one hundred (100) miles
from his residence, he shall be paid at the rate of Fifty-Four Cents ($0.54) a mile in going to
the job for the first time, together with travel time at the rate of one-quarter (1/4) hour travel
time for each fifteen (15) miles traveled, not to exceed eight (8) hours per day in any twenty-
four (24) hour period, effective April 1, 2016.
Whenever the employee’s job in excess of one hundred (100) miles is completed or
the employee is transferred by his Employer to another job, the employee shall be paid at
the rate of Fifty-Four Cents ($0.54) a mile to the point at which the employee entered the Em-
ployer’s service or the next contract, together with travel time at the rate of one-quarter (1/4)
hour for each fifteen (15) miles traveled, not to exceed eight (8) hours per day in any twenty-
four (24) hour period, effective April 1, 2016.
(F) 1. The parties to this Agreement, may, by mutual written agreement, designate
area(s) as “fully employed”. The Employer may thereafter, at its option, request that the
Union refer unemployed Journeymen or Apprentices who reside outside the designated area.
The Union will, at the Employer’s request, refer unemployed Journeymen and Apprentices
from an unemployment list maintained for this purpose, to the extent available and within five
(5) working days of its receipt of the Employer’s request.
2. Journeymen and Apprentices residing outside the designated area where the job-
site is located will be referred from the nearest Local 669 District and according to the length
of time on the unemployment list, referred to above, pursuant to the Union’s nondiscrimina-
tory referral procedures established for this purpose.
5. For travel from job to job within the “fully employed” area when the employee is re-
quired to travel more than forty (40) miles, he shall be paid Fifty-Four Cents ($0.54) per mile
effective April 1, 2016 between jobs and also travel time at the rate of one-quarter (1/4) hour
for each fifteen (15) miles traveled, not to exceed eight (8) hours pay in any twenty-four (24)
hour period. Mileage shall be computed between jobs within the “fully employed” area rather
than from the employee’s residence.
20
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(G) When an Employer provides suitable transportation for the employees, the Employer
shall not be required to make any payment for travel expenses under this Article, except,
however, he shall be required to pay travel time and subsistence in accordance with this Ar-
ticle. No subsistence shall be paid when the Employer furnishes daily transportation and the
employee chooses to travel back and forth from his home. “Suitable transportation” means
vehicles in conformity with Federal Motor Vehicle Safety Standards & Regulations.
(H) If the employee leaves his work before it is completed and without the consent of the
Employer, traveling shall be at the employee’s own time and expense.
(I) Residence shall be solely determined by the employee and the employee shall file this
in writing with the Employer and the Union.
(J) Travel for Alaska: The following travel expenses shall be allowed from the lower forty-
eight (48) states to Alaska:
The employee shall be paid Fifty-Nine Cents ($0.59) per mile effective April 1, 2016
and travel time at the rate of one-quarter (1/4) hour for each fifteen (15) miles, not to exceed
eight (8) hours per day in any twenty-four (24) hour period from his residence to the airport
of embarkation as selected by the Employer.
For travel in the state of Alaska, the employee shall be paid Fifty-Nine Cents ($0.59)
per mile and travel time at the rate of one-quarter (1/4) hour for each fifteen (15) miles, not
to exceed eight (8) hours per day in any twenty-four (24) hour period from his residence to
the airport of embarkation as selected by the Employer.
In addition, all air travel for the employee shall be coach airfare from the airport of em-
barkation to the job in Alaska, together with four (4) hours of travel time if the time of travel
is less than four (4) hours, and eight (8) hours of travel time if the time of travel is four (4)
hours or more.
At the option of the Employer, subsistence shall be One Hundred Twenty Dollars
($120.00) per day effective April 1, 2016, five (5) days a week, or days worked, whichever
is greater, or suitable room and board [two (2) men to a standard double room with two beds].
This paragraph shall apply to Alaska only and to those situations where employees are sent
to Alaska from the lower forty-eight states (mainland) and where employees who are resi-
dents of Alaska are required to travel to a job in excess of one hundred (100) miles from his
residence.
When an employee is required to travel more than one hundred (100) miles, but less
than two hundred and fifty (250) miles from his residence, and is required to work six (6)
days in a standard work week, the employee shall be paid seven (7) days subsistence.
When an employee is required to travel two hundred and fifty (250) or more miles
from his residence, seven (7) days subsistence shall be paid.
21
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
If the employee is discharged for good cause or quits before completion of the work
project, his subsistence allowance for meals and lodging shall cease. If the employee does
not stay on the work project until the work project is completed, he shall pay his own return
transportation.
When the employee arrives at the Alaska airport, ground transportation to the job or
the cost thereof shall be furnished by the Employer, plus one-quarter (1/4) hour of pay for
each fifteen (15) miles traveled.
When an Employer provides suitable transportation for the employees, the Employer
shall not be required to make any payment for travel expenses under this Section J, except,
however, he shall be required to pay travel time and subsistence in accordance with this
Section J. No subsistence shall be paid when the Employer furnishes daily transportation,
and the employee chooses to travel back and forth from his home.
When the employee returns from Alaska, he shall be paid expenses on the same
basis as set forth herein for his travel to Alaska.
(K) For the purpose of contributions to all Funds set forth in this Agreement, travel hours
paid for shall be considered hours worked.
(L) All travel hours outside of the regular established working hours shall be at time and
one half (except for Sundays and Holidays which shall be at double time) in accordance with
Sections (E), (H), and (K).
(N) For the purpose of this Article, all miles traveled by an employee shall be determined
by reference to maps.google.com. Where the actual point of residence or job is not desig-
nated, miles traveled shall be the mileage between the points closest to the actual point of
residence or job which are designated in maps.google.com.
(O) Subsistence, in accordance with Paragraphs (D) & (K) above, shall be paid if an em-
ployee is prohibited from working because of weather conditions.
(P) An employee shall receive fifty percent (50%) of the travel payment set forth in Para-
graphs (B) and (C) of this Article, if applicable, when the employee is entitled to a payment
as provided in Article 12, Paragraph (D).
ARTICLE 12
(A) HOURS OF WORK: The standard work day and week shall be eight (8) consecutive
22
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
hours of work between the hours of 6:00 a.m. and 6:00 p.m., excluding the lunch pe-
riod Monday through Friday or shall conform to the practice on the job site. With prior
written notice to the Union, four (4) days at ten (10) hours a day may be worked at
straight time in states where it is legal Monday through Friday and need not be con-
secutive. Any hours worked outside of the standard work day and week as defined
above shall be considered overtime hours, unless otherwise specifically agreed to by
the Union.
(B) SHIFTS: Shift work may be performed at the option of the Employer; however, when
shift work is performed it shall be on the same job site, and it must continue for a pe-
riod of five (5) consecutive work days. Eight (8) hours of work constitutes a shift. The
hourly rate for men on the second and/or third shifts shall be fifteen percent (15%)
above the basic hourly rate. There shall be a minimum of two (2) men on each shift.
It shall not be required to work a day shift in order to work a second and/or third shift
in accordance with this paragraph.
(C) OVERTIME: All overtime, except for Sundays and Holidays, shall be at the rate of
time and a half. Overtime worked on Sundays and Holidays shall be at double time.
The following days shall be considered Holidays:
New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas
Day. The employee may take off Friday following Thanksgiving Day. However, the
employee shall notify his Foreman, General Foreman or Superintendent on the
Wednesday preceding Thanksgiving Day.
When one of the above holidays falls on Sunday, the following Monday shall be con-
sidered a holiday and all work performed on either day shall be at the double time rate.
When one of the above holidays fall on Saturday, the preceding Friday shall be con-
sidered a holiday and all work performed on either day shall be at the double time rate.
Should any Federal or State law be enacted which would change the day on which
these holidays are now celebrated, the newly established day shall be considered
the holiday.
(D) It is also agreed that any employee after being hired or reporting for work at the reg-
ular time for whom no work is provided shall receive four (4) hours pay at the pre-
vailing rate of wage unless he has been notified before leaving home not to report. It
is also agreed that any employee after working in the morning and having started
work after the lunch period, shall receive four (4) hours pay at the prevailing rate of
wage for the afternoon. An exception shall be made when weather or strike conditions
make it impossible to put such an employee to work, or any such stoppage of work
is occasioned thereby, or any employee leaves his work of his own accord.
(E) TIME OFF FOR UNION ACTIVITIES: The Employer agrees to grant the necessary
time off, without discrimination and without pay, to any employee designated by the
23
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Union to attend a labor convention or serve in any capacity on other official Union
business, provided seventy-two (72) hours written notice is given to the Employer by
the Union specifying length of time off. The Union agrees that, in making its request
for time off for Union activities, due consideration shall be given to the number of men
affected in order that there shall be no disruption of the Employer’s operation due to
lack of available employees.
(F) OFF HOURS: On all buildings that are occupied and the hours are not under the
control of the contractor, and the hours do not fall into the category of the regular work
day, the contractor may bid the “Off Hours” at straight time plus fifteen percent (15%).
This paragraph shall not apply to new construction or emergency work.
It is understood that prior to the initiation of the “Off Hours” provision, the owner of
such building (or owner’s representative) shall provide a written confirmation as to
the owner’s necessity that work in the above paragraph be done during the “Off Hours”
period. The Union will be given five (5) days to verify the conditions.
ARTICLE 13
There shall be no restriction as to the use of machinery and tools, except as required
by Article 26.
There shall be no limitation as to the method or manner in which work shall be done,
except as required by Article 26.
There shall be no restriction as to the use of material, except as required by Article 26.
ARTICLE 14
MATERIALS AND EQUIPMENT AND FABRICATION: The Union shall accept all
materials and equipment as delivered by or for the Employer and the unloading, handling,
24
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
stockpiling, and installing of such material and equipment shall be performed by employees
covered by this Collective Bargaining Agreement.
The assembling and fabrication of welded pipe formations, when performed on the job
site, shall be done by Journeymen and/or Apprentices receiving the rates in this Agreement.
The welding provisions also apply to CO-2 and fire extinguisher systems.
Where Journeymen or Apprentices are required to take welding tests for certification
they shall, before starting the test, be placed on the payroll of the Employer, and shall be paid
in accordance with the wage schedule and travel article contained in this Agreement. All
tools and safety equipment required for the test shall be furnished by the Employer.
All brazing and soldering of copper pipe done in the Sprinkler Industry shall be fabri-
cated and assembled by Journeymen and/or Apprentices on the job site.
MAKING ON FITTINGS: It is understood and agreed that the Employer shall have
the right to make-on only three (3) screwed fittings on threaded pipe, permanently tight in the
factory for shipment to any job within the territory of the Local Union and that the employees
covered by this Agreement shall install this material without objection or interruption. The
foregoing shall, however, not apply to spool pieces, feed main nipples and risers, and pipe
fittings that must be hot dipped.
The preparation of pipe for mechanical fittings and the attachment of three (3) me-
chanical fittings to one (1) piece of pipe may be performed in the factory. The attachment of
additional mechanical fittings to said pipe shall be performed in the field by employees cov-
ered by this Collective Bargaining Agreement.
ARTICLE 15
Small Tools: The Employer will provide to the employee their initial set of tools. After
the contractor’s initial purchase, the replacement of the following tools shall be the respon-
sibility of the employee:
Small tools will be provided by the employer and should be in good working condition,
not necessarily new, with a lifetime guarantee. The standard is American made and lifetime
guarantee except pipe wrenches which shall be “Ridgid”. This standard shall be effective as
of May 1, 2013, except the requirement for “Ridgid” pipe wrenches which shall be effective
at all times.
Employees will be required to sign a “Tool Sign-Off Sheet” indicating the employee
has received the small tools, and understands this article. A copy of this sheet will be kept
by the employee and the Employer and a copy will be forwarded to the local business agent
for their records.
Employees are authorized to transport the tools listed above in a five (5) gallon bucket
or a regular sized hand held toolbox from one (1) jobsite to another. Tools should be kept in
the employees’ possession. If an employee reports to work without the above list of small
tools, the employee can be denied work with no show up pay.
All expendable parts of tools shall be replaced at the contractor’s expense, i.e. hack
saw blades, knife blades, jaws, heels, batteries, etc.
All tools shall have employees’ initials engraved or stamped on the tools for identifi-
cation.
It is mutually agreed that the contractors shall supply the tools specified above by
May 1, 2013 or within thirty (30) days of the employee’s hire whichever applies. Probation-
ary apprentices who are cancelled from the JATC shall return the tools in serviceable con-
dition to the Employer.
In those cases where the small tools as described above are stored in a gang box,
job box or company trailer or vehicle in the custody of the contractor and theft occurs, the
employee shall not be held responsible and said tools shall be replaced by the company.
26
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Any and all Personal Protection Equipment (PPE) shall be supplied by the company.
Where an employee is required to travel by air or train to the jobsite, the Employer
shall pay for the cost of the transport or shipment of tools.
Except for the small tools listed in this Article, employees shall be allowed to carry
tools, materials and equipment only in company owned vehicles.
It is understood and agreed that the Employer may adopt and enforce reasonable
written rules with respect to the retention and care of tools, so long as a copy of said rules
is provided to the Union and said rules are enforced on a nondiscriminatory basis. As part
of these rules, the Employer may require that all tools, which are lost or unaccounted for,
must be replaced by the employee. The employee shall abide by reasonable Employer rules
providing for the care of such tools and equipment.
ARTICLE 16
APPRENTICES: The parties mutually agree that an Apprentice system has been es-
tablished and that the wages, hours and working conditions of Apprentices shall be as cov-
ered by the Joint Apprentice Standards, which are incorporated by reference herein.
Changes in the Apprenticeship Standards can only be made by mutual agreement of the
parties to this Agreement. Such modification shall be submitted to the Office of Apprentice
Training, Employer and Labor Services of the U.S. Department of Labor, for approval. Ap-
prentices employed before such modification shall not be affected without their consent. It
is expressly understood and agreed that the Employer shall not lay off a Journeyman or Ap-
prentice in order to hire a new Apprentice. There shall be no restrictions on the hiring of Ap-
prentices, other than the ratios as outlined below.
When the Employer gives favorable consideration to Apprentices referred from the
Union, or if the Union is unable to refer qualified Apprentices within seventy-two (72) hours,
the restrictions below will not apply.
In any event, the Employer shall not employ more than one (1) Apprentice per each
Journeyman, establishing a 1:1 ratio of Apprentices to Journeyman.
At the expiration of thirty (30) days, the Employer may hire three (3) new Apprentices
in that District regardless of unemployment and, thereafter, if the eight percent (8%)/ten (10)
Journeymen/Apprentices unemployment continues, the Employer shall hire one (1) unem-
ployed Journeyman or Apprentice from the Union’s national unemployment list for every new
Apprentice hired during that time frame.
27
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
At the expiration of thirty (30) days, the Employer may make a second request for
Apprentices and, if the eight percent (8%)/ten (10) Journeymen/Apprentice unemployment
continues, the Employer may, after the expiration of the thirty (30) day period, hire three (3)
new Apprentices in that District regardless of unemployment and, thereafter, if such unem-
ployment continues, the Employer shall hire one (1) unemployed Journeyman or Apprentice
from the Union’s national unemployment list for each new Apprentice hired during that time
frame.
Under these requirements, the Employer may hire a maximum of six (6) Apprentices
in any calendar year in any District where the eight percent (8%)/ ten (10) Journeyman/Ap-
prentice unemployment continues to exist.
Within fifteen (15) calendar days of the hiring of a new Apprentice, any lay off by the
Employer within one hundred (100) miles of that Apprentice’s home address shall include the
new Apprentice.
If the newly employed Apprentice is terminated by the Employer for “just cause” or
quits, the Employer shall have the right to replace that Apprentice. The “just cause” re-
quirement shall not apply to probationary Apprentices.
Newly indentured Apprentices shall be issued a temporary ID before they report for
work. The temporary ID shall be e-mailed or faxed to the hiring contractor’s office within
twenty-four (24) hours of approval of the JATC office. This temporary ID will be valid up to
one hundred twenty (120) days from date of hire. Such temporary ID shall be sent by fax,
e-mail or other such rapid means to the Contractor’s office as to permit immediate placement
on the payroll.
All Apprentices shall be paid a progressively increasing rate of wage based upon the
applicable percentage schedules in effect.
It is understood and agreed that adoption of the foregoing Apprentice wage structure
shall not result in a decrease in the wage rate of any existing Apprentice.
Effective upon ratification of this agreement, through December 31, 2016, NASI
28
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Health and Welfare contributions shall be made on behalf of Class 1 and 2 Apprentices at
Seven Dollars and Forty-Five Cents ($7.45) per hour for Level 2 coverage. This amount
shall include Seven Dollars and Eight Cents ($7.08) for Level 2 NASI Health and Welfare
benefits and Thirty-Seven Cents ($0.37) per hour for RESA.
Effective January 1, 2017, NASI Health and Welfare contributions for Level 2 cover-
age shall be Seven Dollars and Sixty Cents ($7.60) per hour. This amount shall include
Seven Dollars and Eight Cents ($7.08) per hour for Level 2 coverage and Fifty-Two Cents
($0.52) per hour for RESA.
Effective January 1, 2018 and through the remainder of this agreement, NASI Health
and Welfare contributions for Level 2 coverage shall be Seven Dollars and Seventy-Five
Cents ($7.75) per hour. This amount shall include Seven Dollars and Eight Cents ($7.08)
per hour and Sixty-Seven Cents ($0.67) per hour for RESA.
Effective April 1, 2016, NASI Health and Welfare contributions will be made as re-
quired in Article 19 for Class 3 through 10 Apprentices.
Education and Industry Promotion Fund contributions shall be made on behalf of Ap-
prentices as required by Articles 21 and 22 of this Agreement.
Effective April 1, 2016, NASI Pension Fund contributions will be made for all hours
worked by all Apprentices except for Class 1 and 2 Apprentices.
For Apprentices indentured on or after April 1, 2010 and prior to April 1, 2013, S.I.S.
Fund contributions shall be required for all hours worked by Class 1 through 10 at the rate
per the JATC S.I.S. chart in addition to their wages.
Effective April 1, 2016, there shall be no S.I.S. Fund contributions required for Class
1 and 2 Apprentices. For Apprentices Class 3 and 4 the S.I.S. rate shall be Twenty-Five
Cents ($0.25) per hour in addition to their wages. Class 5 through 10 Apprentices, where
the Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contri-
bution shall be Twenty-Five Cents ($0.25) per hour worked in addition to wages. Class 5
through 10 Apprentices, where the Journeyman S.I.S. contribution is greater than Two Dol-
lars ($2.00) per hour, the S.I.S. contribution shall be Fifty Cents ($0.50) per hour worked in
addition to wages.
Effective April 1, 2017, for Apprentices Class 3 and 4 the S.I.S. rate shall be Forty
Cents ($0.40) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Forty Cents ($0.40) per hour worked in addition to wages. Class 5 through 10
Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00) per
29
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
hour, the S.I.S. contribution shall be Sixty-Five Cents ($0.65) per hour worked in addition to
wages.
Effective April 1, 2018, for Apprentices Class 3 and 4 the S.I.S. rate shall be Sixty-Five
Cents ($0.65) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Sixty-Five Cents ($0.65) per hour worked in addition to wages. Class 5 through
10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00)
per hour, the S.I.S. contribution shall be Ninety Cents ($0.90) per hour worked in addition to
wages.
Each Employer shall report semi-annually on January 1 and July 1 to the Joint Ap-
prenticeship and Training Committee the number of Journeymen and Apprentices working
for them.
ARTICLE 17
When an employee is sent into the territory of another Sprinkler Local, he shall receive
his pay, expenses and travel time under the 669 Agreement until he actually enters the ju-
risdiction of the other Local and starts work.
For the purpose of travel pay, the rate of the state of the employee’s residence shall
prevail.
ARTICLE 18
JURISDICTION OF WORK: The work of the Sprinkler Fitter and/or Apprentice shall
consist of the installation, dismantling, maintenance, repairs, adjustments, and corrections
of all fire protection and fire control systems including the unloading, handling by hand, power
equipment and installation of all piping or tubing, appurtenances and equipment pertaining
thereto, including both overhead and underground water mains, fire hydrants and hydrant
mains, standpipes, and hose connections to sprinkler systems, sprinkler tank heaters, air
lines and thermal systems used in connection with sprinkler and alarm systems, also all
tanks and pumps connected thereto. Also included shall be CO2 and Cardox Systems, Dry
Chemical Systems, Foam Systems and all other fire protection systems, but excluding steam
fire protection systems.
30
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Work of the nature described above that is generated by the inspection or testing of
a fire protection system, but not the inspection or testing itself, is covered by this Agreement.
All applicable points of the 50 Articles of Jurisdiction of the United Association shall
be included (see Addendum A to this Agreement). But the Articles of Jurisdiction do not ex-
pand the Employer or the Union’s rights under this Article.
ARTICLE 19
There has been created a Board of Trustees of ten (10) members, five (5) appointed
by the National Fire Sprinkler Association, Inc., and five (5) Union Trustees, three (3) ap-
pointed in accordance with Local Union 669’s Constitution and By-Laws and two (2) ap-
pointed in accordance with the National Automatic Sprinkler Industry Welfare Fund Trust
Agreement.
The Board of Trustees shall administer the existing Agreement and Declaration of
Trust in accordance with Federal, State and Local laws and shall continue to take all nec-
essary steps to carry out the legal operation of this Welfare Fund.
Effective April 1, 2016, each contractor shall pay to the Fund Eight Dollars and Sev-
enty-Seven Cents ($8.77) per hour for all hours worked by all employees who come under
the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this
Agreement. This amount shall include Eight Dollars and Seven Cents ($8.07) for Level 1
NASI Health and Welfare Benefits and Seventy Cents ($0.70) per hour for RESA.
Effective January 1, 2017, each contractor shall pay to the Fund Nine Dollars and
Seventeen Cents ($9.17) per hour for all hours worked by all employees who come under
the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this
Agreement. This amount shall include Eight Dollars and Thirty-Two Cents ($8.32) for Level
1 NASI Health and Welfare Benefits and Eighty-Five Cents ($0.85) per hour for RESA.
Effective January 1, 2018, each contractor shall pay to the Fund Nine Dollars and
Sixty-Seven Cents ($9.67) per hour for all hours worked by all employees who come under
the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this
Agreement. This amount shall include Eight Dollars and Sixty-Seven Cents ($8.67) for Level
1 NASI Health and Welfare Benefits and One Dollar ($1.00) per hour for RESA.
31
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Effective January 1, 2019, each contractor shall pay to the Fund an additional Thirty-
Five Cents ($0.35) per hour for all hours worked by all employees who come under the ju-
risdiction of this Collective Bargaining Agreement unless otherwise provided for in this
Agreement.
Effective January 1, 2020, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective January 1, 2021, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Contractors may make the payments required by this Article by the electronic trans-
fer of funds.
The Trustees of the National Automatic Sprinkler Industry Welfare Fund are author-
ized to enter into reciprocal agreements with Trustees of other welfare funds providing for the
transfer of contributions between funds so that employees temporarily working outside their
home funds’ jurisdiction will not lose credit or eligibility for benefits in their home funds. The
Trustees shall determine the terms of such reciprocal agreements, the manner of crediting
reciprocal contributions and all questions of eligibility based on hours worked under recip-
rocal agreements.
ARTICLE 20
There has been created a Board of Trustees of ten (10) members, five (5) appointed
by the National Fire Sprinkler Association, Inc., and five (5) Union Trustees, three (3) ap-
pointed in accordance with Local Union 669’s Constitution and By-Laws and two (2) ap-
pointed in accordance with the National Automatic Sprinkler Industry Pension Fund Trust
Agreement.
The Board of Trustees shall administer the existing Agreement and Declaration of
Trust in accordance with Federal, State and Local laws and shall continue to take all nec-
essary steps to carry out the legal operation of this Pension Fund.
Effective April 1, 2016, each contractor shall pay to the Fund Six Dollars and
Five Cents ($6.05) per hour for all hours worked by the employees who come under the ju-
risdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agree-
ment.
32
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Effective January 1, 2017 the contribution to the National Automatic Sprinkler Indus-
try Pension Fund will increase by Fifteen Cents ($0.15) to Six Dollars and Twenty Cents
($6.20) per hour.
Effective January 1, 2018, each contractor shall pay to the Fund Six Dollars and
Forty Cents ($6.40) per hour for all hours worked by the employees who come under the ju-
risdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agree-
ment.
Effective January 1, 2019, each contractor shall pay to the Fund Six Dollars and Sixty
Cents ($6.60) per hour for all hours worked by the employees who come under the jurisdic-
tion of this Collective Bargaining Agreement unless otherwise provided for in this Agreement.
Effective January 1, 2020, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective January 1, 2021, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Contractors may make the payments required by this Article by the electronic trans-
fer of funds.
The Trustees of the National Automatic Sprinkler Industry Pension Fund are author-
ized to enter into reciprocal agreements with Trustees of other pension funds providing for
the transfer of contributions between funds so that employees temporarily working outside
their home funds’ jurisdiction will not lose credit or eligibility for benefits in their home funds.
The Trustees shall determine the terms of such reciprocal agreements, the manner of cred-
iting reciprocal contributions and all questions of eligibility based on hours worked under re-
ciprocal agreements.
ARTICLE 21
An Educational Trust Fund has been established. There has been created a Board
of Trustees consisting of six (6) members; three (3) appointed by the National Fire Sprinkler
Association, Inc., and three (3) Union Trustees appointed in accordance with the Constitu-
tion and By-Laws of Local Union 669.
The duty of this Board of Trustees shall be to administer the existing Agreement and
33
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Declaration of Trust in accordance with Federal, State and Local laws and to take all nec-
essary steps to carry out the legal operation of the above agreed Educational Fund.
Effective April 1, 2016, each contractor shall pay to the Fund Thirty-Five Cents ($0.35)
per hour for all hours worked by all Journeymen and Apprentices whose wages are covered
by this Collective Bargaining Agreement. Contractors may make the payments required by
this Article by the electronic transfer of funds.
Effective April 1, 2017, each contractor shall pay to the Fund Thirty-Seven Cents
($0.37) per hour for all hours worked by all Journeymen and Apprentices whose wages are
covered by this Collective Bargaining Agreement. Contractors may make the payments re-
quired by this Article by the electronic transfer of funds.
Effective April 1, 2018, each contractor shall pay to the Fund Forty-Two Cents ($0.42)
per hour for all hours worked by all Journeymen and Apprentices whose wages are covered
by this Collective Bargaining Agreement. Contractors may make the payments required by
this Article by the electronic transfer of funds.
Residential: Effective April 1, 2016, each contractor shall pay to the Fund Ten Cents
($0.10) per hour for all hours worked under the Local 669 Residential Work provisions of Ar-
ticle 7A of this Collective Bargaining Agreement. Contractors may make the payments re-
quired by this Article by the electronic transfer of funds.
United Association International Training Fund: In order to carry out the func-
tions of the International Training Fund, each contractor who is party to this Agreement shall
forward to the NASI Fund Office Ten Cents ($0.10) per hour for all hours worked by all Jour-
neymen and Apprentices whose wages are covered by this Collective Bargaining Agree-
ment, effective April 1, 2016. NASI will forward these contributions to the United Association
International Training Fund.
ARTICLE 22
ADDITIONAL FUNDS
For the purpose of the support, maintenance and administration of the Fund, each
contractor who is a party to this Agreement and performing work within the following states
shall contribute to the Fund for all work performed by Journeymen and Class 5 through 10
Apprentices who were indentured prior to April 1, 2010 within those states in the following
amounts:
34
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Effective Dates
4/1/2016 4/1/2017 4/1/2018
Alabama $0.50 $0.65 $0.90
Alaska $7.30 $7.45 $7.70
Arizona $4.20 $4.35 $4.60
Arkansas $1.95 $2.10 $2.35
California (1) $4.98 $5.13 $5.38
California (2) $5.00 $5.15 $5.40
California (3) $5.01 $5.16 $5.41
California (4) $4.29 $4.44 $4.69
Colorado $4.23 $4.38 $4.63
Connecticut $5.50 $5.65 $5.90
Delaware $5.70 $5.85 $6.10
District of Columbia $3.25 $3.40 $3.65
Georgia $1.50 $1.65 $1.90
Idaho $4.37 $4.52 $4.77
Illinois $3.00 $3.15 $3.40
Indiana $3.26 $3.41 $3.66
Iowa $3.25 $3.40 $3.65
Kansas $2.63 $2.78 $3.03
Kentucky $2.75 $2.90 $3.15
Louisiana $0.50 $0.65 $0.90
Maine $3.91 $4.06 $4.31
Maryland $3.25 $3.40 $3.65
Massachusetts $6.08 $6.23 $6.48
Michigan $2.75 $2.90 $3.15
Minnesota $2.50 $2.65 $2.90
Mississippi $1.18 $1.33 $1.58
Missouri $4.18 $4.33 $4.58
Montana $3.25 $3.40 $3.65
Nebraska $3.25 $3.40 $3.40
Nevada (1) $5.56 $5.71 $5.96
Nevada (2) $5.64 $5.79 $6.04
New Hampshire $3.81 $3.96 $4.21
New Jersey $7.09 $7.24 $7.49
New Mexico $3.20 $3.35 $3.60
New York (1) $6.15 $6.30 $6.55
New York (2) $6.43 $6.58 $6.83
New York (3) $6.15 $6.30 $6.55
North Carolina $0.00 $0.00 $0.00
North Dakota $0.75 $0.90 $1.15
Ohio $4.72 $4.87 $5.12
Oklahoma $1.25 $1.40 $1.65
Oregon (District 1) $5.48 $5.63 $5.88
Oregon (District 21) $5.38 $5.53 $5.78
Pennsylvania $5.50 $5.65 $5.90
35
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Rhode Island $5.50 $5.65 $5.90
South Carolina $1.19 $1.34 $1.59
South Dakota $0.50 $0.65 $0.90
Tennessee $0.50 $0.65 $0.90
Texas $2.25 $2.40 $2.65
Utah $2.50 $2.65 $2.90
Vermont $3.30 $3.45 $3.70
Virginia (1) $1.88 $2.03 $2.28
Virginia (2) $3.25 $3.40 $3.65
Washington (District 1) $5.48 $5.63 $5.88
Washington (District 21) $5.38 $5.53 $5.78
West Virginia $4.00 $4.15 $4.40
Wisconsin $4.09 $4.24 $4.49
Wyoming $3.88 $4.03 $4.28
Counties
1) California (1)
Counties- Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San
Joaquin, San Luis Obispo, Santa Barbara, Santa Cruz, Stanislaus, Tulare, Tuolumne, and
portion of Kern County WEST of Highway 14.
2) California (2)
Counties- Alpine, Amador, Butte, Colusa, Del Norte, El Dorado, Glen, Humboldt, Lake,
Lassen, Mendocino, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou,
Sutter, Tehama, Trinity, Yolo and Yuba.
3) California (3)
Counties- San Bernardino, Riverside, Orange, Imperial, Inyo, Los Angeles, Mono, Ventura,
and portion of Kern County EAST of Highway 14.
4) California (4)
Counties- San Diego County.
5) Nevada (1)
Excludes Nevada counties of Clark, Nye and Lincoln.
6) Nevada (2)
Includes Nevada counties of Clark, Nye and Lincoln.
36
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
8) New York (2)
Includes counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess and
Rockland.
Effective April 1, 2017, the hourly S.I.S. Fund contribution rate shall be increased by
Fifteen Cents ($0.15) per hour; and effective April 1, 2018, the hourly S.I.S. Fund contribu-
tion rate shall be increased by Twenty-Five Cents ($0.25) per hour.
For Apprentices indentured on or after April 1, 2013, there shall be no S.I.S. Fund
contributions required for Class 1 and 2 Apprentices.
Effective April 1, 2016, there shall be no S.I.S. Fund contributions required for Class
1 and 2 Apprentices. For Apprentices Class 3 and 4 the S.I.S. rate shall be Twenty-Five
Cents ($0.25) per hour in addition to their wages. Class 5 through 10 Apprentices, where
the Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contri-
bution shall be Twenty-Five Cents ($0.25) per hour worked in addition to wages. Class 5
through 10 Apprentices, where the Journeyman S.I.S. contribution is greater than Two Dol-
lars ($2.00) per hour, the S.I.S. contribution shall be Fifty Cents ($0.50) per hour worked in
addition to wages.
Effective April 1, 2017, for Apprentices Class 3 and 4 the S.I.S. rate shall be Forty
Cents ($0.40) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Forty Cents ($0.40) per hour worked in addition to wages. Class 5 through 10
Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00) per
hour, the S.I.S. contribution shall be Sixty-Five Cents ($0.65) per hour worked in addition to
wages.
Effective April 1, 2018, for Apprentices Class 3 and 4 the S.I.S. rate shall be Sixty-Five
Cents ($0.65) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Sixty-Five Cents ($0.65) per hour worked in addition to wages. Class 5 through
37
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00)
per hour, the S.I.S. contribution shall be Ninety Cents ($0.90) per hour worked in addition to
wages.
Effective April 1, 2019, the combined total of the wage and S.I.S. rates shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective April 1, 2020, the combined total of the wage and S.I.S. rates shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2017, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Twenty-Five Cents ($0.25)
per hour in addition to their wages.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2018, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Thirty-Five Cents ($0.35)
per hour in addition to their wages.
For Residential Tradesmen and Helpers who have completed one (1) year probae-
tionary employment, who are employed as of January 1, 2019, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Fifty Cents ($0.50) per hour
in addition to their wages.
Contractors may make the payments required by this Article by the electronic trans-
fer of funds.
The contractor shall not be responsible for any expense or cost beyond this hourly
contribution as set forth herein.
This Fund is created under an Agreement and Declaration of Trust by and between
National Fire Sprinkler Association, Inc., and Road Sprinkler Fitters Local Union No. 669
and Local Union No. 709, Los Angeles, California; Local Union No. 483, San Francisco, Cal-
ifornia; and Local Union No. 699, Seattle, Washington.
There shall be an equal number of Association and Union Trustees appointed by the
respective parties to this Agreement. It shall be a duty of the Trustees to administer the
Agreement and Declaration of Trust in accordance with Federal and State Laws and to take
all necessary steps to carry out the legal operation of the Fund.
38
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The Employers bound by this Agreement do hereby join in and subscribe to the Agree-
ment and Declaration of Trust of the Sprinkler Industry Supplemental Defined Contribution
Pension Fund and agree to be bound by any amendments thereto.
Effective the 1st day of April, 2016, the Employer shall pay to the National Fire Sprin-
kler Industry Promotion Fund a sum of money equal to Twenty-Five Cents ($0.25) per hour
for each hour worked by each employee subject to this Agreement.
It is agreed by the parties to this Agreement that the contributions covered by this Ar-
ticle shall not be used in any manner which would be adverse to the interests of Local Union
669. The Association agrees to meet periodically, at least once a year, to discuss the use
of these Funds.
It is further agreed that should any of the contributions be used in any manner which
is or are adverse to the interests of Local Union 669, then the Parties to the Agreement shall
meet within ten (10) days to resolve said issue.
The Employer agrees to become party to the Agreement and Declaration of Trust es-
tablishing the National Fire Sprinkler Industry Promotion Fund. It is understood and agreed
that the Fund and Program of Benefits at all times through the life of this Agreement shall be
such as to qualify for approval by the Internal Revenue Service of the United States Treas-
ury Department and other appropriate governmental agencies, if necessary, to permit all
Employers an income tax deduction for contributions paid hereunder.
ARTICLE 23
The Employer agrees that the Trustees of the Welfare Trust, the Pension Trust, the
Educational Trust, the S.I.S. Trust, and the Industry Promotion Trust, or their designees,
shall have the authority to order an audit of the payroll, wage and related records (including
supporting work sheets) of the Employer for the purpose of insuring compliance with the
terms of this Agreement requiring contributions to the Trust Funds.
The Employer agrees that in the event the Trustees institute or participate in legal
proceedings to collect payments or contributions from an Employer, the Employer shall also
be required to pay reasonable attorney’s fees, expenses of collection and interest at the
highest rate permitted by the laws of the State where the legal proceeding is instituted.
(7) Liquidated Damages, interest and attorney’s fees, as established by the Trustees of the
Fund.
Each such bond shall provide, that in the event an Employer rejects this Agreement
in connection with a bankruptcy proceeding, the bond shall also guarantee payments to the
Welfare, Pension, S.I.S. and Industry Promotion Funds (in that order of priority), which would
have been required by this Agreement, but for the Court’s Order approving rejection of the
Agreement.
In lieu of a bond an Irrevocable Letter of Credit from an FDIC Bank representing the
correlated bond amount for the number of reportable hours worked per month shall be ac-
cepted.
Any contractor who becomes signatory to this Agreement must have a bond on file
with the Local within fifteen (15) calendar days of the signing of this Agreement.
Should the contractor fail to provide and maintain the bond as required, the Union shall
have the right to remove the employees covered by this Agreement or take other legal eco-
nomic actions against the Employer provided however, that the contractor first be given fifteen
(15) calendar days written notice by the Local Union headquarters of his failure to comply.
40
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
In the event such action is taken, the Employer shall be responsible for any loss re-
sulting therefrom.
Any contractor who puts up a cash bond recognizes that in order to defray the costs
of maintaining an escrow account for cash bonds, any interest earnings by such bond shall
be the property of the Union. A copy of the cash bond shall be provided to the National Fire
Sprinkler Association.
LATE FILING CLAUSE: It is agreed that in the event the Employer is delinquent at
the end of the period in the payment of his contribution to the Health and Welfare Fund, the
Pension Fund, or other Funds created under this Agreement, in accordance with the rules
and regulations of the Trustees of each Fund, the employees and/or the Union shall have the
right to take action that may be necessary until such delinquent payments are made; pro-
vided however, that such action is subsequent to the Employer receiving notice in writing
from the Welfare, Pension, Educational, S.I.S. and/or Industry Promotion Trust Fund Ad-
ministrator that said contractor is delinquent and it is further agreed that in the event such
action is taken, the Employer shall be responsible for any loss resulting therefrom.
ARTICLE 24
In any such case (a) payments of funds by the members of the National Fire Sprin-
kler Association, Inc. shall be made to the Trustees provided above and such payments and
investments and reinvestments thereof may be commingled with any other funds (or in-
vestment or reinvestments thereof) of said Trustees.
(b) Benefits shall be paid to or established for the benefit of the employees in other
Local Unions on the same basis as benefits are paid to or established for the benefit of em-
ployees covered by Local Union 669, provided that contributions and contribution periods as
provided for in the Collective Bargaining Agreements entered into by the respective Local
Unions are the same as that provided in this Agreement.
(c) The National Fire Sprinkler Association, Inc. and such other Local Unions shall
adopt the Trustees currently serving under the Agreement and Declaration of Trust between
the National Fire Sprinkler Association, Inc. and Local Union 669 of the United Association
and their successors appointed as provided in said Agreement and Declaration of Trust.
ARTICLE 25
(b) Issuing non-negotiable checks or checks drawn upon accounts having insuffi-
cient funds for wages, expenses or for any of the fringe contributions as required by this
Agreement;
…shall give the Union the right to remove employees from any job or jobs of
the Employer or to take other legal or economic action against the Employer,
in addition to their right to use the grievance procedure.
Paragraph (d) above shall not apply to the Subcontracting clause in Article 18.
All disputes and grievances relative to the interpretation or application of this Agree-
ment, shall be processed in the following manner:
Step 1 - The employee or Union representatives in the employee’s behalf shall within
fifteen (15) working days of the occurrence of the grievance or dispute, discuss with the Em-
ployer’s representative the employee’s grievance or dispute.
Step 2 - The employee must, within the twenty (20) working days of the occurrence
of the alleged grievance or dispute, reduce this grievance to writing, setting forth the date,
time and place, section of the Agreement and relief sought with which the grievance or dis-
pute is concerned and submit by certified mail, one (1) copy each to the Business Manager
of the Local Union, the Employer and the President of the National Fire Sprinkler Associa-
tion, Inc. (40 Jon Barrett Road, Patterson, New York 12563) for discussion and possible res-
olution.
Step 3 - If within thirty (30) working days after referral to Step 2, the Union and Em-
ployer cannot resolve the alleged grievance or dispute, then the matter shall be referred to
an Impartial Arbitrator.
42
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
If the Union and the Employer are unable to agree upon an Impartial Arbitrator within
a period of ten (10) working days, then either may request the Federal Mediation and Con-
ciliation Service to submit a list of seven (7) names. After receipt of the names of seven (7)
Arbitrators, the Union and the Employer shall meet and alternate in striking three (3) names
from the list, with the first strike decided by a toss of a coin.
The remaining name after the Union and the Employer have struck three (3) names
from the list shall be the Impartial Arbitrator. The decision of the Impartial Arbitrator shall be
final and binding on the parties to Arbitration. The duties of the Arbitrator shall be limited to
the interpretation and application of the Agreement, and the Arbitrator shall have no powers
to change or amend the Collective Bargaining Agreement.
The parties to Arbitration shall bear the expense of its witnesses and legal fees. The
fees and expenses of the Arbitrator shall be paid by the loser.
The National Fire Sprinkler Association, Inc., shall have the right to participate as an
intervener in any and all disputes arising under this Article.
If the Employer, Union or the National Fire Sprinkler Association, Inc. has a grievance
related to the interpretation or application of this Agreement, the grievance shall be submit-
ted to the Business Manager of the Union (7050 Oakland Mills Road, Suite 200, Columbia,
Maryland 21046) and to the President of the National Fire Sprinkler Association, Inc. in writ-
ing by registered mail within thirty (30) days of occurrence of the grievance, setting forth the
exact date of the grievance and the nature of the grievance for discussion and possible res-
olution.
If within thirty (30) days the grievance is not settled between the Union and the Na-
tional Fire Sprinkler Association, Inc. or between the Union and the Employer, as appropri-
ate, then the parties shall proceed to Arbitration as set forth in Step 3 of this Agreement.
The “work preservation” provisions of this Agreement are found in Addendum C which
is incorporated by reference herein. Disputes under the “work preservation” requirements of
this Agreement shall be resolved under the standards and procedures in Addendum C, rather
than the procedures above.
ARTICLE 26
1. The Employer and employees hereby agree to comply with all applicable Fed-
eral, State and Municipal safety and health laws and regulations, as well as the
requirements of the “Authority Having Jurisdiction” on all jobs.
2. The Employer shall be responsible for determining and advising employees of haz-
ardous shop or jobsite conditions (i.e. radiation, asbestos, toxins, carcinogenics,
etc.).
43
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
3. The Employer shall be responsible for maintaining the safe condition of all tools
and equipment utilized by the employees.
4. Normally there shall be at least two (2) men on each job. The utilization of one (1)
man on a job shall be limited to those situations where conditions safely allow one
(1) man to work alone (i.e., day work, emergency work and trim work where build-
ings are occupied and the employee is not exposed to excessive height or weight
conditions.) It is mutually agreed that one (1) man jobs have been performed in
the past under safe conditions, and provided safe conditions exist, it is reasonable
and proper to assign one (1) man to a job.
5. The Employer shall furnish, at no cost to the employee, all safety equipment as re-
quired by applicable Federal, State and Municipal Safety and Health Laws and
Regulations, as well as all equipment required by the “Authority Having Jurisdic-
tion” on all jobs.
6. No employee shall be required to work in any area where Epoxy Resins are being
applied by other crafts, nor in areas where airborne asbestos is present without
being provided proper and authorized safety equipment.
7. All Apprentices covered by this Agreement shall obtain OSHA 30 certification as
part of their ongoing apprenticeship training. OSHA Annual Training and OSHA 30
Certification should be completed by employees covered by this Agreement on
their own time.
1. The Employer recognizes the need to maintain safe working conditions for the em-
ployees exposed to radiation. The Employer agrees to be bound by the rules and
regulations established by the “Authority Having Jurisdiction” for safety on nuclear
projects.
3. An employee who receives his maximum radiation exposure limits prior to the end
of any regular work week (Monday through Friday) will be transferred to other suit-
able work without loss of pay or he shall be paid wages and fringe benefits for the
week as if he had worked a full week.
ARTICLE 27
It shall not be a violation of this Agreement, and it shall not be cause of discharge or
disciplinary action, for an employee to refuse to go through any primary picket line, includ-
ing a primary picket line of the Union.
ARTICLE 28
WISCONSIN PIPE TRADES DRUG AND ALCOHOL POLICY AND PROGRAM: The
National Fire Sprinkler Association and Road Sprinkler Fitters Local Union 669 agree to par-
ticipate fully in the Plumbing and Mechanical Contractors and Pipe Trades of Wisconsin
Drug-Free Alliance program effective October 1, 2002. Any discrepancies between the Pipe
Trades Program referenced herein and the Program described below shall be resolved by
the terms of the Pipe Trades of Wisconsin Drug-Free Alliance program.
The NFSA and Local 669 acknowledge that the use of alcohol and illicit drugs is detri-
mental to the health and safety of the employees covered by this Article. It is also acknowl-
edged that employees suffering from an alcohol or drug related problem should be afforded
the opportunity to remedy their health problem. Therefore, it is hereby agreed by the par-
ties as follows:
1. An employee shall not report for work in a condition unfit for work due to the use of
alcohol, drugs, or illegal substances. Being in a condition unfit for work because of the effects
of drugs, alcohol or illegal substances that impair work performance while at the jobsite is cause
for disciplinary action, up to and including discharge. Employees must meet their responsibility
to be fit for duty, ensuring a zero tolerance policy for substance abuse is strictly met.
2. Acceptable Means of Drug Testing. The following are the acceptable means of
drug testing. If the General Contractor or owner requires drug or alcohol testing other than
that provided herein, the Employer shall immediately notify the Union in writing.
2A. If an Employer has “probable cause” to suspect that an employee is unfit for work
as described above, the Employer may require the employee to submit to a detection test as
outlined in Paragraph 3 through Paragraph 5 to determine whether the employee is in violation
of Paragraph 1. “Probable cause” means objective belief based on direct observation by a su-
pervisor or management representative, job foreman, or other employee such that it can be de-
scribed with particularity, i.e., specific facts. All such facts must be immediately reduced to
writing by the supervisor, management official, job foreman, or other employee and provided to
the employee and the Union. If a supervisor or management official is not “on site” to observe
an employee whose performance is impaired, the job foreman or other employee shall contact
the Employer by telephone immediately after the written documentation is completed.
“On site” means the location of the job at which the employee is suspected of being
unfit for work.
45
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Any employee operating a company motor vehicle that is involved in a motor vehicle
accident during working hours or at any time if such vehicle is owned or leased by the Em-
ployer, or in a work-related injury that requires medical attention, may also be required to sub-
mit to testing for drugs or alcohol at the discretion of the Employer.
2B. Any contractor may elect to institute unscheduled drug or alcohol testing, pro-
vided that it shall be at the contractor’s cost and the following conditions are adhered to:
All name selection shall be done by computer program name generation and
all testing shall be done by a certified collection and testing facility.
Time spent meeting unscheduled testing requirements shall be paid work time.
2C. Any contractor may elect to institute pre-employment drug testing. The applicant
shall receive an amount equal to two (2) hours wages when the applicant is subjected to pre-
employment drug testing, provided the applicant does not test positive. It is understood that
such payment shall not confer status as an employee on such applicant, unless the con-
tractor actually puts such applicant to work on his payroll.
2D. An employee who leaves the company for a duration of longer than thirty (30)
days may be retested.
3. The procedure for detection of alcohol-related impairment shall be the same as used
by the State where the worksite is located and presumptive impairment shall be determined by
using the State established level for a finding of driving a vehicle while intoxicated. The testing
procedure for drug-related impairment shall use the EMIT or similar screening test in the first
instance. If an employee is not able or competent to authorize specimen collection or is in need
of medical attention, medical attention shall not be delayed pending specimen collection. The
following initial cutoff levels shall be used when screening specimens to determine whether
they are negative or positive for these ten drugs or classes of drugs:
46
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The results of the test must be confirmed by the gas chromatography/mass spec-
trometry method. The failure to confirm the initial finding by GC/MS shall nullify the initial
screening. The types of drugs listed above are not the exclusive set of drugs for the detec-
tion of which analysis may be conducted, provided the parties are in agreement as to appli-
cable procedures and standards for drugs not enumerated above.
4. The testing shall be conducted by a laboratory certified to perform such tests by
the United States Department of Health and Human Services or any other laboratory des-
ignated by agreement of the parties. The collection of the samples shall conform to the cur-
rent procedures established by HHS.
5. After any sample is collected pursuant to the provisions of this Article, the em-
ployee shall have the right to be given a portion of the sample collected for his/her own analy-
sis. Said portion shall be clearly identified and sealed. The Employer shall also provide the
employee and Union representative with a listing of the three (3) closest laboratories or test-
ing agencies which comply with the HHS Guidelines cited above. In the event the District
Business Agent is not available to be “on site” within one (1) hour, the Union shall designate
a temporary, alternate Union representative. The employee shall have the right to inde-
pendent analysis at these approved facilities. Any report on the contents of the sample must
contain a signed attestation that the seal was intact upon submission to the certified collec-
tion and testing facility.
6. Possession or sale of illegal drugs or other illegal substances at the worksite shall
constitute independent grounds for discharge without regard to “probable cause” of unfit-
ness for work or adverse effect upon work performance.
8. The only permissible testing by the Employer shall be that set forth in Paragraph
2 through Paragraph 5 and to comply with the requirements of the general contractor, owner,
or law. There shall be no random testing, no use of electronic detection devices, use of
search dogs, searches of persons or vehicles or other practices not specifically mentioned
in this Article. At the option of the employee or the Union, any employee tested through pro-
cedures materially different than those set forth above shall have the right, at the Employer’s
cost, to be tested pursuant to procedures set forth in Paragraph 2 through Paragraph 5 and
no discipline may be imposed until unfitness for work is established pursuant to Paragraph
2 through Paragraph 5.
9. This Article shall not bar any subsequent modifications of the standards and tests
promulgated by the Joint Apprenticeship Training Committee nor testing of applicants for the
Joint Apprenticeship Program pursuant to procedures adopted by the Joint Apprenticeship
Training Committee.
47
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(a) Before requesting an employee to undergo drug or alcohol testing, the em-
ployer shall provide the employee with a form on which to acknowledge
that the employee has seen the drug and alcohol testing policy;
(b) If an employee tests positive for drug or alcohol use, the employee shall be
given written notice of the right to explain the positive test and indicate any
over-the-counter or prescription medication that the employee is currently
taking or has recently taken and any other information relevant to the reli-
ability of, or explanation for, a positive test;
(c) Within three (3) days after notice of a positive initial drug or alcohol test re-
sult the employee may submit information to the employer, in addition to
any information already submitted under paragraph (B), to explain the re-
sult;
(d) An employee who tests positive will have four (4) working days following
the date on which the employee is notified of the test result to advise the
Employer, in writing of the employee’s desire to request a retest at the em-
ployee’s expense, unless a retest is negative in which case it shall be at
the Employer’s expense.
(e) Employees may grieve actions for discipline under the Collective Bargain-
ing Agreement.
ARTICLE 29
ARTICLE 30
ARTICLE 31
SAVINGS CLAUSE: In accordance with the intent and agreement of the parties, the
provisions of this Collective Bargaining Agreement shall be interpreted and construed in a
manner which is consistent with all applicable Federal and State laws. In the event, how-
ever, that any Article or provision to this Agreement shall be declared invalid, inoperative or
unenforceable by any competent authority of the executive, legislative, judicial, or adminis-
trative branch of the Federal or any State government, the Employer and the Union shall
48
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
suspend the operation of such article or provision during the period of its invalidity and shall
substitute, by mutual consent in its place and stead, an article or provision which will meet
the objections to its validity and which will be in accord with the intent and purposes of the
article or provision in question.
If any Article or provision of this Agreement shall be held invalid, inoperative or unen-
forceable by operation of law or by any of the above-mentioned tribunals of competent ju-
risdiction, the remainder of this Agreement or the application of such Article or provision to
persons or circumstances other than those as to which it has been held invalid, inoperative
and unenforceable shall not be affected thereby.
49
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
50
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ADDENDUM A
to the
AGREEMENT BETWEEN
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
and
SPRINKLER FITTERS LOCAL UNION NO. 669, COLUMBIA, MARYLAND
OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES & CANADA
The following is the jurisdiction of work of the United Association of Journeymen and
Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada:
1. All piping, valves, computer aided drafting and/or hand detail drawing for plumbing,
water, waste, floor drains, drain grates, supply, leader, soil pipe, grease traps, sewage and
vent lines.
2. All piping for water filters, water softeners, water meters and the setting of same.
3. All cold, hot and circulating water lines, piping for house pumps, cellar drainers, ejectors,
house tanks, pressure tanks, swimming pools, ornamental pools, display fountains, drinking
fountains, aquariums, plumbing fixtures and appliances, and the handling and setting of the
above mentioned equipment.
4. All water services from mains to buildings, including water meters and water meter foun-
dations.
5. All water mains from whatever source, including branches and fire hydrants, etc.
6. All down spouts, drainage areas, soil pipe, catch basins, manholes, drains, gravel
basins, storm water sewers, septic tanks, cesspools, water storage tanks, gray water, rain-
water and reclaimable water collection of every type and description used for plumbing and
pipefitting systems, etc.
7. All liquid soap piping, liquid soap tanks, soap valves, and equipment in bath and wash-
rooms, shower stalls, etc.
8. All bathroom, toilet room and shower room accessories, i.e. as towel racks, paper hold-
ers, glass shelves, hooks, mirrors, cabinets, etc.
9. All lawn sprinkler work, including piping, fittings, and lawn sprinkler heads.
10. All sheet lead lining for X-ray rooms, fountains, swimming pools or shower stalls,
tanks or vats for all purposes and for roof flashings in connection with the pipe fitting
industry.
51
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
11. All fire stand pipes, fire pumps, pressure and storage tanks, valves, hose racks, fire
hose, cabinets and accessories, and all piping for sprinkler work of every description.
12. All block tin coils, carbonic gas piping for soda fountains and bars, etc.
13. All piping for railing work and racks of every description, whether screwed or welded.
14. All piping for pneumatic vacuum cleaning systems of every description.
15. All piping for hydraulic, vacuum, pneumatic, air, water, steam, oil, or gas, used in con-
nection with railway cars, railway motor cars, and railway locomotives.
16. All marine piping, and all piping used in connection with ship building and ship yards.
18. The handling, assembling, and erecting of all economizers, super-heaters, regardless of
the mode or method of making joints, hangers, and erection of same.
19. All internal and external piping on boilers, heaters, tanks and evaporators, water legs,
water backs and water grates, boiler compound equipment, etc.
21. The setting, erecting, and piping for all smoke consuming and smoke washing and reg-
ulating devices.
22. The setting, erecting and piping of instruments, measuring devices, thermostatic con-
trols, gauge boards, and other controls used in connection with power, heating, refrigerating,
air conditioning, manufacturing, mining, and industrial work.
23. The setting and erecting of all boiler feeders, water heaters, filters, water softeners, pu-
rifiers, condensate equipment, pumps, condensers, coolers, and all piping for same in power
houses, distributing and boosting stations, refrigeration, bottling, distilling, and brewing
plants, heating, ventilating and air-conditioning systems.
24. All piping for artificial gases, natural gases, and holders and equipment for same, chem-
icals, minerals and by-products and refining of same, for any and all purposes, as well as all
radon piping and all methane recovery systems.
25. The setting and erecting of all underfeed stokers, fuel burners, and piping, including gas,
oil, power fuel, hot and cold air piping, and all accessories and parts of burners and stokers,
etc.
26. All ash collecting and conveyor piping systems, including all air washing and dust col-
lecting piping and equipment, accessories and appurtenances and regulating devices, etc.
52
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
27. The setting and erection of all oil heaters, oil coolers, storage and distribution tanks,
transfer pumps, and mixing devices, and piping thereto of every description.
28. The setting, erecting and piping of all cooling units, pumps, reclaiming systems,
and appurtenances, in connection with transformers, and piping to switches of every
description.
29. All fire extinguishing systems and piping, valves, and computer aided drafting and/or
hand detail drawing, whether by water, steam, gas, or chemical, fire alarm piping, and con-
trol tubing, etc.
30. All piping for sterilizing, chemical treatment, deodorizing, and all cleaning systems of
every description, and laundries for all purposes.
31. All piping for oil or gasoline tanks, gravity and pressure lubricating and greasing sys-
tems, air and hydraulic lifts, etc.
32. All piping for power or heating purposes, either by water, air, steam, gas, oil, chemicals,
geothermal, solar or any other method.
33. All piping, setting and hanging of all units and fixtures for air-conditioning, cooling, heat-
ing, roof cooling, refrigerating, ice making, humidifying, dehumidifying and dehydrating by
any method, and the charging, testing, and servicing of all work after completion.
34. All pneumatic tube work, and all piping for carrying systems by vacuum, compressed
air, steam, water, or any other method.
35. All piping to stoves, fire grates, blast and heating furnaces, ovens, driers, heaters, oil
burners, stokers, and boilers and cooking utensils, etc. of every description.
36. All piping in connection with central distributing filtration treatment stations, boosting sta-
tions, waste and sewage disposal plants, central chlorination and chemical treatment work,
and all underground supply lines to cooling wells, suction basins, filter basins, settling basins,
and aeration basins.
37. All process piping, valves, computer aided drafting and/or hand detail drawing for refin-
ing, manufacturing, industrial, and shipping purposes of every character and description.
39. All temporary piping of every description in connection with building and construction
work, excavating and underground construction.
40. The laying out and cutting of all holes, chases and channels, the setting and erection of
bolts, inserts, stands, brackets, supports, sleeves, thimbles, hangers (including all seismic
hangers), conduit and boxes, used in connection with the pipe fitting industry.
53
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
41. The handling and setting of boilers, setting of fronts, setting of soot blowers, and at-
taching of all boiler trimmings.
42. All pipe transportation lines for gas, oil, gasoline, fluids and liquids, water aqueducts,
water lines, and booster stations of every description.
43. All acetylene and arc welding, brazing, lead burning, soldered and wiped joints, caulked
joints, expanded joints, rolled joints, or any other mode or method of making joints in con-
nection with the pipe fitting industry.
44. Laying out, cutting, bending and fabricating of all pipe work of every description, by what-
ever mode or method.
45. All methods of stress relieving of all pipe joints made by every mode or method.
46. The assembling and erecting of tanks, used for mechanical, manufacturing or industrial
purposes, to be assembled with bolts, packed or welded joints.
47. The handling and using of all tools and equipment that may be necessary for the erec-
tion and installation of all work and materials used in the pipe fitting industry.
48. The operation, maintenance, repairing, servicing, inspecting, testing, including but not
limited to nondestructive examination, commissioning, renovation, upgrading, moderniza-
tion, replacement and dismantling of all work installed by journeymen members of the United
Association.
49. All piping for cataracts, cascades (i.e. artificial water falls), make-up water fountain, cap-
tured waters, water towers, cooling towers, and spray ponds used for industrial, manufac-
turing, commercial, or for any other purposes.
50. Piping herein specified means pipe made from metals, tile, glass, rubber, plastics, wood,
or any other kind of material, or product manufactured into pipe, usable in the pipe fitting in-
dustry, regardless of size or shapes.
54
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ADDENDUM B
to the
AGREEMENT BETWEEN
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
and
SPRINKLER FITTERS LOCAL UNION NO. 669, COLUMBIA, MARYLAND
OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES & CANADA
To ensure the UA Standard for Excellence platform meets and maintains its goals, the
Local Union Business Manager, in partnership with his implementation team, including
shop stewards and the local membership, shall ensure all members:
• Meet their responsibilities to the employer and their fellow workers by arriving on the job
ready to work, every day on time (Absenteeism and tardiness will not be tolerated).
• Adhere to the contractual starting and quitting times, including lunch and break periods
(Personal cell phones will not be used during the workday with the exception of lunch and
break periods).
• Meet their responsibility as highly skilled craftsworkers by providing the required tools as
stipulated under the local Collective Bargaining Agreement while respecting those tools
and equipment supplied by the employer.
• Use and promote the local union and international training and certification systems to the
membership so they may continue on the road of lifelong learning, thus ensuring UA
craftsworkers are the most highly trained and sought after workers.
• Meet their responsibility to be fit for duty, ensuring a zero tolerance policy for substance
abuse is strictly met.
• Be productive and keep inactive time to a minimum.
• Meet their contractual responsibility to eliminate disruptions on the job and safely work
towards the on-time completion of the project in an auspicious manner.
• Respect the customers’ property (Waste and property destruction, such as graffiti, will not
be tolerated).
• Respect the UA, the customer, client and contractor by dressing in a manner appropri-
ate for our highly skilled and professional craft (Offensive words and symbols on cloth-
ing and buttons are not acceptable).
• Respect and obey employer and customer rules and policies.
• Follow safe, reasonable and legitimate management directives.
55
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
EMPLOYER AND MANAGEMENT RESPONSIBILITIES:
MCAA/MSCA, PFI, MCPWB, PCA, UAC and NFSA and their signatory contractors have
the responsibility to manage their jobs effectively, and as such have the following re-
sponsibilities under the UA Standard for Excellence.
• Replace and return to the referral hall ineffective superintendents, general foremen, fore-
men, journey workers and apprentices.
• Provide worker recognition for a job well done.
• Ensure that all necessary tools and equipment are readily available to employees.
• Minimize workers’ downtime by ensuring blueprints, specifications, job layout instruc-
tions and material are readily available in a timely manner.
• Provide proper storage for contractor and employee tools.
• Provide the necessary leadership and problem-solving skills to jobsite Supervision.
• Ensure jobsite leadership takes the necessary ownership of mistakes created by man-
agement decisions.
• Encourage employees, but if necessary, be fair and consistent with discipline.
• Create and maintain a safe work environment by providing site specific training, proper
equipment and following occupational health and safety guidelines.
• Promote and support continued education and training for employees while encouraging
career building skills.
• Employ an adequate number of properly trained employees to efficiently perform the
work in a safe manner, while limiting the number of employees to the work at hand,
thereby providing the customer with a key performance indicator of the value of the UA
Standard for Excellence.
• Treat all employees in a respectful and dignified manner, acknowledging their contribu-
tions to a successful project.
• Cooperate and communicate with the Job Steward.
Under the UA Standard for Excellence it is understood, that members through the local
union, and management through the signatory contactors, have duties and are account-
able in achieving successful resolutions.
• The Local Union and the Steward will work with members to correct and solve problems
related to job performance.
56
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
• Job Stewards shall be provided with steward training and receive specialized training
with regard to the UA Standard for Excellence.
• Regular meetings will be held where the job steward along with UA Supervision will com-
municate with the management team regarding job progress, work schedules, and other
issues affecting work processes.
• The Job Steward shall communicate with the members about issues affecting work
progress.
• The Business Manager or his delegate will conduct regularly scheduled meetings to
discuss and resolve issues affecting compliance of the UA Standard for Excellence
policy.
• The Steward and management will attempt to correct such problems with individual mem-
bers in the workplace.
• Individual members not complying with membership responsibility shall be brought
before the Local Union Executive Board, which will address such members’ failure
to meet their obligation to the local and the UA, up to and including filing charges.
The Local Union’s role is to use all available means to correct the compliance
problem.
• Regular meetings will be held where the management team and UA Supervision will com-
municate with the Job Steward regarding job progress, work schedules, and other is-
sues affecting the work process.
• Management will address concerns brought forth by the Steward or UA Supervision in a
professional and timely manner.
• A course of action shall be established to allow the Job Steward and/or UA Supervision
to communicate with higher levels of management in the event there is a breakdown with
the responsible manager.
• In the event that the employee is unwilling or unable to make the necessary changes,
management must make the decision whether the employee is detrimental to the UA
Standard for Excellence platform and make a decision regarding his further employ-
ment.
• In the event an issue is irresolvable at this level, the Local or the Contractor may call for
contractually established Labor Management meeting to resolve the issues.
57
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
• Weekly job progress meetings should be conducted with Job Stewards, UA Supervision
and Management.
• The Local or the Contractor may involve the customer when their input is prudent in find-
ing a solution.
• Foremen, General Foremen, Superintendents and other management should be edu-
cated and certified as leaders in the UA Standard for Excellence policy.
58
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ADDENDUM C
to the
AGREEMENT BETWEEN
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
and
SPRINKLER FITTERS LOCAL UNION NO. 669, COLUMBIA, MARYLAND
OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES & CANADA
In order to protect and preserve for the employees covered by this Agreement all work
historically and traditionally performed by them, and in order to prevent any device or sub-
terfuge to avoid the protection or preservation of such work, it is hereby agreed as follows:
If and when the Employer shall perform any work of the type covered by this Agreement as
a single or joint Employer (which shall be interpreted pursuant to applicable NLRB and judi-
cial principles) within the trade and territorial jurisdiction of Local 669, under its own name
or under the name of another, as a corporation, sole proprietorship, partnership, or any other
business entity including a joint venture, wherein the Employer (including its officers, direc-
tors, owners, partners or stockholders) exercises either directly or indirectly (such as through
family members) controlling or majority ownership, management or control over such other
entity, the wage and fringe benefit terms and conditions of this Agreement shall be applica-
ble to all such work performed on or after the effective date of this Agreement. The ques-
tion of single Employer status shall be determined under applicable NLRB and judicial
principles, i.e., whether there exists between the two companies an arm’s length relationship
as found among unintegrated companies and/or whether overall control over critical mat-
ters exists at the policy level. The parties hereby incorporate the standard adopted by the
Court in Operating Engineers Local 627 v. NLRB, 518 F.2d 1040 (D.C. Cir. 1975) and af-
firmed by the Supreme Court, 425 U.S. 800 (1976), as controlling. A joint employer, under
NLRB and judicial principles, is two independent legal entities that share, codetermine, or
meaningfully affect labor relations matters.
Should the Employer establish or maintain such other entity within the meaning of
the preceding paragraph, the Employer is under an affirmative obligation to notify the Union
of the existence and nature of and work performed by such entity and the nature and extent
of its relationship to the signatory Employer. The supplying of false, misleading, or incom-
plete information (in response to a request by the Union) shall not constitute compliance
with this section. The Union shall not unreasonably delay the filing of a grievance under this
Article.
In the event that the Union files, or in the past has filed, a grievance under Article 3
of this or a prior national agreement, and the grievance was not sustained, the Union may
proceed under the following procedures with respect to the contractor(s) involved in the
grievance:
59
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Should the Employer establish or maintain operations that are not signatory to this
Agreement, under its own name or another or through another related business entity to
perform work of the type covered by this Agreement within the Union’s territorial jurisdiction,
the terms and conditions of this Agreement shall become applicable to and binding upon
such operations at such time as a majority of employees of the entity (as determined on a
state-by-state, regional or facility-by-facility basis consistent with NLRB unit determination
standards) designates the Union as their exclusive bargaining representative on the basis
of their un-coerced execution of authorization cards, pursuant to applicable NLRB standards,
or in the event of a good faith dispute over the validity of the authorization cards, pursuant
to a secret ballot election under the supervision of a private independent third party to be des-
ignated by the Union and the NFSA within thirty (30) days of ratification of this Agreement.
The Employer and the Union agree not to coerce employees or to otherwise interfere with
employees in their decision whether or not to sign an authorization card and/or to vote in a
third party election.
Particular disputes arising under the foregoing paragraphs shall be heard by one of
four persons to be selected by the parties (alternatively depending upon their availability) as
a Special Arbitrator. The Arbitrator shall have the authority to order the Employer to provide
appropriate and relevant information in compliance with this clause. The Special Arbitrator
shall also have authority to confirm that the Union has obtained an authorization card ma-
jority as provided in the preceding paragraph.
Except as specifically provided above, it is not intended that this Article be the exclu-
sive source of rights or remedies which the parties may have under State or Federal Laws.
60
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
APPRENTICESHIP STANDARDS BETWEEN
ROAD SPRINKLER FITTERS LOCAL UNION NO. 669 OF THE
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES
OF THE UNITED STATES AND CANADA
and
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
These Apprenticeship Standards approved this 20th day of July, 2006, and effec-
tive April 1, 2007 constitute a revision of the original Apprenticeship Standards registered by
the Office of Apprentice Training, Employer and Labor Services of the Department of Labor
in 1953 and revisions thereof. By registering these training standards, the Office of
Apprentice Training, Employer and Labor Services certifies that they conform to labor stan-
dards necessary to safeguard the welfare of Apprentices. The DOL’s general labor stan-
dards for Apprentice Programs are set forth in Title 29, Code of Federal Regulation, Part 29.
Realizing the great and growing need for qualified, trained mechanics in the Sprinkler
Industry in order that proper facilities for fire protection may be provided and correctly and
scientifically installed both now and in the future, the National Fire Sprinkler Association, Inc.
and Road Local Union No. 669 of the United Association believe we should institute a sys-
tematic vocational training of Apprentices to the end that the needs of the Industry for capable
mechanics will be met and a proper balance steadily maintained.
APPRENTICE (Class 1 through 10) means a person who has agreed to work at and learn
Sprinkler Fitting and who is governed by a written agreement that has been approved by
the Joint Apprenticeship and Training Committee and registered with the Office of Appren-
ticeship.
61
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
APPRENTICESHIP AGREEMENT means the written Apprenticeship Agreement between
the Apprentice and the Joint Apprenticeship and Training Committee acting as the Em-
ployer’s agent in which the terms and conditions of Apprenticeship are set forth. Each Agree-
ment shall contain a clause which makes these standards a part of such Agreement. Some
state apprenticeship agencies may require the use of their own apprenticeship agreement
forms.
EMPLOYER means the contractor who employs the Apprentice and who must show, to the
Committee’s satisfaction, that it can meet the following minimum qualifications:
(e) Be signatory to the Local 669 Joint Apprenticeship Program Affirmative Ac-
tion Plan and Selection Procedures.
or
An individual who has documented sufficient skills and knowledge of a trade, craft or occu-
pation, either through formal apprenticeship or through practical on-the-job experience, and
formal training. This individual is recognized by his/her employer as being fully qualified to
perform the work of the trade, craft or occupation.
62
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
O*NET-SOC CODE means the Occupational Information Network (O*NET) codes and titles
are based on the new Standard Occupational Classification (SOC) system mandated by the
federal Office of Management and Budget for use in collecting statistical information on oc-
cupations. The O*NET classification, which replaces the DOT, uses an 8-digit O*NET-SOC
code. Use of the SOC classification as a basis for the O*NET codes ensures that O*NET in-
formation can be readily linked to labor market information such as occupational employment
and wage data at the national, State and local levels.
ON-THE-JOB LEARNING (OJL) means the tasks learned on the job in which the appren-
tice must become proficient before a completion certificate is awarded. The learning must be
through structured, supervised work experience.
PROGRAM SPONSOR means the Joint Apprenticeship and Training Committee (JATC).
REGISTRATION AGENCY means the United States Department of Labor, Office of Ap-
prenticeship.
UNION means the Road Sprinkler Fitters Local Union No. 669 of the United Association.
(a) The Joint Apprenticeship and Training Committee (the “Committee”) shall be
comprised of eight (8) members of equal representation from the National Fire Sprinkler As-
sociation, Inc. and Road Sprinkler Fitters Local Union 669 of the United Association.
(b) From this Committee shall be chosen a Chairman and Secretary. When the
Chairman represents the Association, the Secretary shall be from the Union and/or vice
versa. The length of the term of office shall be one (1) year.
(c) The Business Manager of Local Union No. 669 and the President of the Na-
tional Fire Sprinkler Association, Inc. shall be ex-officio members of the Joint Apprenticeship
and Training Committee.
63
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(d) Technical Assistance-such as that from the U.S. Department of Labor, Office
of Apprenticeship, State Apprenticeship Agencies, and vocational schools — may be re-
quested to advise the Committee.
Administrative Procedures
(a) The voting strength of the Committee shall be equally divided between the As-
sociation and the Union representatives. The division of the vote among such groups shall
be determined by the number of members of each group.
(b) The Chairman and the Secretary shall retain the right of voice and vote on all
matters coming before the Committee.
(c) The Committee shall meet at least three (3) times per year. The date, time and
place of the meeting shall be determined by the Committee. The Chairman or any four (4) mem-
bers of the Committee have the authority to call and establish the date of special meetings.
(d) Four (4) members of the Committee shall be deemed necessary to establish
a quorum for an official meeting of the Committee, two (2) representing each group. No
meeting of the Committee shall be considered official unless both groups are represented.
(e) The Committee shall establish such additional rules and regulations governing
its administrative procedures as are required.
(f) To determine the quality and quantity of experience on the job which Appren-
tices must have and to be reasonably responsible for their obtaining it.
(h) To arrange tests for determining the Apprentices’ progress in manipulative skill
and technical knowledge (technical knowledge to be obtained from written reports, manipu-
lative skill to be determined by Employer’s reports).
64
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(i) To maintain a record of each Apprentice, for at least five (5) years, showing ed-
ucation, experience and progress in learning the trade.
(j) To make an annual report covering the work of the Joint Apprenticeship and
Training Committee to the Employer, the Union, and the Registration Agency.
(l) Upon satisfactory completion of the term of the Apprenticeship the Committee
shall recommend to the Registration Agency that a Certificate of Completion be awarded.
(n) To carry out policies and procedures as directed by the Board of Trustees.
(o) Expenses incurred by the Committee in carrying out the provisions of these
Standards shall be paid by the National Automatic Sprinkler Industry Local Union 669 Edu-
cation Fund. No extraordinary expenses shall be incurred by the Committee without prior ap-
proval of the Association and the Union.
SECTION II. - EQUAL OPPORTUNITY PLEDGE - Title 29 CFR 29.5(b) (20) and 30.3(b)
SECTION III. - AFFIRMATIVE ACTION PLAN - Title 29 CFR 29.5(b) and 30.4
The Committee will adopt an Affirmative Action Plan and Selection Procedures as re-
quired under Title 29, CFR Part 30. It will be attached as Appendix C.
65
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION V. - SELECTION OF APPRENTICES - Title 29 CFR 30.5
Selection into the apprenticeship program will be in accordance with the selection
procedures made a part of these Standards (Appendix D).
The Apprentice shall sign an Apprenticeship Agreement (Appendix B) with the Com-
mittee. This Agreement shall be registered with the Registration Agency. Every Apprentice-
ship Agreement entered into under these Standards shall contain the provision making terms
and conditions of the Standards a part of the Apprenticeship Agreement. The following shall
receive copies of the Apprenticeship Agreement:
Parties to the Apprenticeship Agreement may consult with the Registration Agency for
an interpretation of any provision of the Standards over which differences occur.
The ratio of Apprentices to Journeyperson shall be in accordance with the ratio es-
tablished under the Collective Bargaining Agreement and contained in Appendix A.
The term of Apprenticeship shall consist of five (5) years. The Apprentice shall serve
and complete the Apprenticeship with the Employer to whom apprenticed except as herein
provided.
SECTION IX. - PROBATIONARY PERIOD - Title 29 CFR 29.5(b) (8), (b) (19)
The first six (6) months of employment after the signing of the
Apprenticeship Agreement shall be the probationary period. The Apprenticeship Agreement
may be terminated during the probationary period or extended probationary period, if one is
imposed, by either party without stated cause.
Before the end of the probationary period, the Committee shall make a thorough re-
view of the Apprentice’s ability, attitude and development. Any Apprentice found to be un-
satisfactory shall be retained on probation an additional sixty (60) days and re-evaluated. An
66
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Apprentice found to be inadequate on re-evaluation shall be dropped from the Program. An
Apprentice who satisfactorily completes the probationary period will be considered a Class
2 Apprentice, initiated into Local Union No. 669 as a Building Trades Apprentice and en-
rolled in the Related Training Program.
After the probationary period, the Apprenticeship Agreement may be canceled at the
request of the Apprentice or may be suspended, canceled, or terminated by the Committee
for good cause. Such removal by the Committee shall cancel the classification of the Ap-
prentice and the opportunity to complete the training. The Registration Agency shall be no-
tified of such cancellations.
The hours of work for Apprentices and conditions associated therewith shall be in ac-
cordance with the present and subsequent labor agreement in effect.
SECTION XII. - CREDIT FOR PREVIOUS EXPERIENCE - Title 29 CFR 29.5(b) (12) and
30.4(c) (8)
A candidate for Apprenticeship with previous experience in, or related to, the trade can
request that such experience be evaluated by the Committee. This request should be made
at the time of application. Where such experience warrants it, the Committee will place the
Apprentice in the appropriate wage period, and such advanced credit shall be subject to re-
view prior to the Apprentice’s next advancement.
SECTION XIII. - WORK EXPERIENCE - Title 29 CFR 29.5(b) (3) and 30.8
(a) The Apprentice shall be given such instruction and experience in all branches of
the trade, as is necessary to develop a practical and skilled mechanic. The Apprentice shall
also be given experience on all new equipment, materials and substitutes that may be in-
67
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
stalled on the job and also training in safety practices to avoid personal injuries and property
damage.
(b) The Committee shall undertake to keep the Apprentice at work at the trade con-
tinuously, except in case of strike, lockout, sickness or other unavoidable causes, unsatis-
factory completion of related training courses, or by action of the Committee. When an
Employer discharges an Apprentice, the Employer shall immediately notify the Committee in
writing, giving the name of the Apprentice and the reason for discharge. Disposition of such
an Apprentice shall be made by the Committee within sixty (60) days of receipt of notice of
discharge. In case of dissatisfaction between the Employer and the Apprentice, either party
has the right and privilege of appeal to the Committee for such action and adjustment of
such matters as come within the Standards.
(c) Except as provided in Article 16 in the Agreement between the National Fire Sprin-
kler Association, Inc. and Local Union 669 when an Apprentice is temporarily laid off be-
cause of business conditions, the Apprentice shall be reinstated before any additional
Apprentices are employed. It is agreed that any Apprentice, who is laid off due to the return
from military or from naval service of an Apprentice who has priority rights, shall be given the
first opportunity available in any shop to complete the Apprenticeship. An Apprentice, sus-
pended for any reason, when reinstated shall complete the work set up in the training sched-
ule before the work of the next period may be started.
(d) When an Apprentice is laid off due to lack of work the Employer shall give as
much advance notice of said layoff as possible to the Director of Apprenticeship.
(e) When an Apprentice is terminated from employment the Apprentice shall im-
mediately notify the Director of Apprenticeship.
Any apprentice who fails to complete any of the related instruction classes upon
schedule, unless officially excused, will be required to complete all course work missed be-
fore being advanced to the next period of training. Where an apprentice fails, without due
cause, to fulfill his or her obligations regarding related instruction or on the job learning, the
Committee will take appropriate disciplinary action and may suspend or terminate the Ap-
prenticeship Agreement after due notice to the apprentice and opportunity for corrective ac-
tion.
68
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION XV. - SAFETY AND HEALTH TRAINING - Title 29 CFR 29.5(b) (9)
The Employer shall instruct the Apprentice in safe and healthful work practices and
shall ensure that the Apprentice is trained in facilities and other environments that are in
compliance with either the Occupational Safety and Health Standards promulgated by the
Secretary of Labor under Public Law 91-596, dated December 29, 1970, and subsequent
amendments to that law, or State standards that have been found to be at least as effective
as the Federal standards.
(a) During the entire term of Apprenticeship, the Apprentices shall be under the ju-
risdiction and control of the Joint Apprenticeship and Training Committee, and the Commit-
tee shall have the authority to protect their welfare and also to instruct, direct and discipline
at all times.
(b) Each Employer who employs Apprentices in accordance with these Standards
shall, with the advice and assistance of the Committee, be responsible for each Apprentice’s
work experience on the job and the recording of same on the record form adopted for this
purpose. It shall be the Employer’s duty to see that this form is complete in every detail and
forwarded to the Committee at the proper time for the Committee’s information and record.
It will be the duty of the Employer and the instructor to make periodic reports on the
progress of each Apprentice. The Committee shall keep a record of the progress of each Ap-
prentice, and reports from the Employer as well as the instructor shall be scrutinized semi-an-
nually. If the Committee is satisfied with the progress being made by the Apprentice, a notice
will be forwarded to the Employer which will advance the Apprentice to the next period. These
reports must show if the agreed conditions are being fulfilled by both parties to this contract,
whether the Apprentices are being held back or if they are to advance in different processes of
the trade, and if Apprentices are negligent and incapable of becoming competent workers. In
cases of failure on the part of the Apprentice to fulfill obligations as to schooling, diligence or ap-
plication to the work, or conduct, the Agreement may be suspended or revoked and the Em-
ployer hereby agrees to carry out the instructions of the Committee in this responsibility. The
Apprentice hereby agrees to abide by any such determination of the Committee.
The Committee will maintain for a period of five (5) years from the date of last action
all records relating to apprentice applications (whether selected or not), the employment and
training of Apprentices, and any other information relevant to the operation of the program.
This includes, but is not limited to, records on the recruitment, application, and selection of
Apprentices, and records on the Apprentice’s job assignments, promotions, demotions, lay-
offs, terminations, rate of pay, or other forms of compensation, hours of work and training,
evaluations, and other relevant data. The records will permit identification of minority and fe-
male (minority and non-minority) participants. These records will be made available on re-
quest to the Registration Agency.
Upon the successful completion of the terms of Apprenticeship under these Stan-
dards, the Apprentice shall be issued a Certificate of Completion of Apprenticeship signed
by the officers of the Committee and countersigned by the Office of Apprenticeship Training,
Employer and Labor Services and shall be a Journeyperson.
The Registration Agency will be notified promptly of all new apprentices to be regis-
tered, credit granted, suspensions for any reason, reinstatements, extensions, modifications,
completions, cancellations, and terminations of Apprenticeship Agreements and causes.
A program may be deregistered (1) by a voluntary request of the sponsor for cancel-
lation, or (2) by the Office of Apprenticeship Training, Employer and Labor Services,
DOL, for reasonable cause. In the latter case, OA will institute formal deregistration pro-
ceedings in accordance with the requirement of Title 29 of the Code of Federal Regulations
Part 29. Upon deregistration of a program the sponsor must inform in writing each Appren-
tice within fifteen (15) days, in compliance with Title 29, Part 29.7 of the Code of Federal Reg-
ulations.
These Standards have the official approval of the Association and the Union. They are
subject to the approval of the Registration Agency.
70
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
These Standards may be revised by the parties to the Collective Bargaining Agree-
ment subject to the approval of the Registration Agency. No such modifications or changes
shall affect executed Apprenticeship Agreements without the written consent of all parties to
the Agreement. Any such amendment of modification will be submitted to the Committee for
approval and will then be submitted to the Registration Agency.
The Committee will have full authority to supervise the enforcement of these Stan-
dards. Its decision will be final and binding on the employer, the union, and the apprentice,
unless otherwise noted below.
For issues regarding wages, hours, working conditions, and other issues covered by
the Collective Bargaining Agreement, Apprentices may seek resolution through the applica-
ble Grievance and Arbitration procedures contained in the Articles of the Collective Bar-
gaining Agreement.
The Committee will hear and resolve all complaints of violations concerning the Ap-
prenticeship Agreement, and the registered Apprenticeship Standards, for which written no-
tification is received within fifteen (15) days of violations. The Committee will make such
rulings as it deems necessary in each individual case and within thirty (30) days of receiv-
ing the written notification. Either party to the Apprenticeship Agreement may consult with the
Registration Agency for an interpretation of any provision of these Standards over which dif-
ferences occur. The name and address of the appropriate authority to receive, process
and make disposition of complaints is: The Director of Training, Local 669 Joint Apprentice-
ship and Training Committee, 7050 Oakland Mills Road, Suite 100, Columbia, Maryland
21046.
Any Apprentice or applicant for apprenticeship who believes that he/she has been
discriminated against on the basis of race, color, religion, national origin, or sex, with regard
to apprenticeship or that the equal opportunity standards with respect to his/her selection
have not been followed in the operation of an apprenticeship program, may personally or
through an authorized representative, file a complaint with the Registration Agency or, at the
apprentice or applicant’s election, with the private review body established by the program
sponsor (if applicable).
71
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The complaint will be in writing and will be signed by the complainant. It must include
the name, address, and telephone number of the person allegedly discriminated against,
the program sponsor involved, and a brief description of the circumstances of the failure to
apply equal opportunity standards.
The complaint must be filed not later than one hundred eighty (180) days from the
date of the alleged discrimination or specified failure to follow the equal opportunity stan-
dards, and in the case of complaints filed directly with the review body designated by the pro-
gram sponsor to review such complaints, any referral of such complaint by the complainant
to the Registration Agency must occur within the time limitation stated above or thirty (30)
days from the final decision of such review body, whichever is later. The time may be ex-
tended by the Registration Agency for good cause shown.
The Committee will provide written notice of their complaint procedure to all appli-
cants for apprenticeship and all apprentices.
The Committee may transfer an Apprentice from one employer to another to provide
continuous employment and to assure the Apprentice more complete on-the-job learning
experience in all aspects of the occupation.
Where it is found impossible for one Employer to provide the diversity of experience
necessary to give the Apprentice all-around training in the trade, the Committee may trans-
fer the Apprentice temporarily or permanently, to another Employer, in which case the Em-
ployer to whom the Apprentice is assigned will assume all obligations of the original
Employer, but in no case shall an Apprentice be transferred to a shop where there is a labor
dispute.
(b) Respect the property of the Employer and abide by the working rules and reg-
ulations of the Employer, the Local Union, and the Committee.
(c) Complete satisfactorily the required instruction in subjects related to the trade,
as provided under these registered Standards.
(d) Maintain such records of on-the-job training and related instruction as may be
required by the Committee.
(e) Develop safe working habits, and work in such manner as to assure their safety
and that of other workers.
(f) Conduct themselves at all times in a credible, ethical, and moral manner.
Technical Assistance such as that from the United States Department of Labor, Office
of Apprenticeship, State Apprenticeship Agencies, and vocational schools may be requested
to advise the Committee.
This schedule is attached hereto and made a part of these Revised National Stan-
dards of Apprenticeship developed by the National Automatic Sprinkler Industry Local Union
669 Education Fund.
1. TERM OF APPRENTICESHIP
The term of Apprenticeship shall consist of five (5) years, with an OJL attainment of
10,000 OJL Hours supplemented by the required hours of related instruction. The Appren-
tice shall serve and complete the Apprenticeship with the Employer to whom apprenticed ex-
cept as herein provided.
Employers employing Apprentices under the terms and conditions of these Standards
shall be allowed one (1) Apprentice for each Journeyperson. No Apprentice may be em-
ployed on a job where there are no Journeymen employed.
73
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Each Employer shall report semi-annually on January 1 and July 1 to the Committee
the number of Journeypersons and Apprentices working for them.
The work experience schedule below is to be used as a guide to the various types of
work to be performed and the basic skills to be learned.
It is understood and agreed that adoption of the foregoing Apprentice wage structure
shall not result in a decrease in the wage rate of any existing Apprentice.
Notwithstanding the percentages above, the total of the wage rate plus any SIS
contributions for the Apprentice shall be a minimum of the applicable state, local or Federal
minimum wage.
Effective upon ratification of this agreement, through December 31, 2016, NASI
Health and Welfare contributions shall be made on behalf of Class 1 and 2 Apprentices at
74
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Seven Dollars and Forty-Five Cents ($7.45) per hour for Level 2 coverage. This amount
shall include Seven Dollars and Eight Cents ($7.08) for Level 2 NASI Health and Welfare
benefits and Thirty-Seven Cents ($0.37) per hour for RESA.
Effective January 1, 2017, NASI Health and Welfare contributions for Level 2 cover-
age shall be Seven Dollars and Sixty Cents ($7.60) per hour. This amount shall include
Seven Dollars and Eight Cents ($7.08) per hour for Level 2 coverage and Fifty-Two Cents
($0.52) per hour for RESA.
Effective January 1, 2018 and through the remainder of this agreement, NASI Health
and Welfare contributions for Level 2 coverage shall be Seven Dollars and Seventy-Five
Cents ($7.75) per hour. This amount shall include Seven Dollars and Eight Cents ($7.08)
per hour and Sixty-Seven Cents ($0.67) per hour for RESA.
Effective April 1, 2016, NASI Health and Welfare contributions will be made as re-
quired in Article 19 for Class 3 through 10 Apprentices.
Education and Industry Promotion Fund contributions shall be made on behalf of Ap-
prentices as required by Articles 21 and 22 of this Agreement.
Effective April 1, 2016, NASI Pension Fund contributions will be made for all hours
worked by all Apprentices except for Class 1 and 2 Apprentices.
For Apprentices indentured on or after April 1, 2010 and prior to April 1, 2013, S.I.S.
Fund contributions shall be required for all hours worked by Class 1 through 10 at the rate
per the JATC S.I.S. chart in addition to their wages.
Effective April 1, 2016, there shall be no S.I.S. Fund contributions required for Class
1 and 2 Apprentices. For Apprentices Class 3 and 4 the S.I.S. rate shall be Twenty-Five
Cents ($0.25) per hour in addition to their wages. Class 5 through 10 Apprentices, where
the Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contri-
bution shall be Twenty-Five Cents ($0.25) per hour worked in addition to wages. Class 5
through 10 Apprentices, where the Journeyman S.I.S. contribution is greater than Two Dol-
lars ($2.00) per hour, the S.I.S. contribution shall be Fifty Cents ($0.50) per hour worked in
addition to wages.
Effective April 1, 2017, for Apprentices Class 3 and 4 the S.I.S. rate shall be Forty
Cents ($0.40) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Forty Cents ($0.40) per hour worked in addition to wages. Class 5 through 10
Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00) per
hour, the S.I.S. contribution shall be Sixty-Five Cents ($0.65) per hour worked in addition to
wages.
75
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Effective April 1, 2018, for Apprentices Class 3 and 4 the S.I.S. rate shall be Sixty-Five
Cents ($0.65) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Sixty-Five Cents ($0.65) per hour worked in addition to wages. Class 5 through
10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00)
per hour, the S.I.S. contribution shall be Ninety Cents ($0.90) per hour worked in addition to
wages.
In any event, the employer shall not employ more than one (1) Apprentice per each
Journeyman, establishing a 1:1 ratio of Apprentices to Journeyman.
Parties to the Apprenticeship Agreement may consult with the Office of Apprenticeship
for an interpretation of any provision of the Standards over which differences occur.
A brief description of each course in the Sprinkler Fitter Apprentice Training Program
is provided here. This list of courses is subject to change as courses are revised and new
courses are added. An Apprentice who enters the apprenticeship program with advanced
standing may not be required to complete the entire sequence of courses.
The course includes the textbook Job Safety and Health for the Piping Industry, and
covers the Occupational Safety and Health Act, safe use of tools, workplace hazards such
as falls, fires and radiation, as well as how to protect yourself from these dangers. The course
teaches the Apprentices about their right to work in an environment free of recognized haz-
ards and provides information on what to do if that right is in doubt.
Your Heritage and Future in the Pipe Trades - 6 lessons, no final exam; computer
graded.
The Apprentice is taught safety precautions as well as the care and uses of pipe
76
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
wrenches, vises, pipe cutters, reamers, power equipment, tools for fabricating tubes, layout
and measuring tools, screw-drivers, pliers, hammers, saws, files, punches, chisels, drills and
bores, screw threads, ladders, scaffolds, and hoists, are covered.
Basic Drawing for the Sprinkler Fitter - 11 lessons, final exam; instructor graded.
The Apprentice is introduced to blueprint reading, multi-view drawings, size and lo-
cation dimensioning, scales, sketches and isometric drawings.
This course presents the history of sprinkler systems, building preparation, funda-
mentals of sprinkler installation, testing and flushing, and causes of the failure of sprinkler
systems to operate properly. Fire insurance companies and related organizations are dis-
cussed.
This course teaches the Apprentice how to read sprinkler-piping drawings, including
conventional symbols, and the standard types of drawings used by the sprinkler industry are
explained.
This course teaches the Apprentice mathematical concepts such as how to use a TI-
36x calculator in solving problems of sprinkler system installation.
This course includes the textbook, Installation of Sprinkler Systems, by the National
Fire Protection Association, and a video. The course instructs the Apprentice on regulations
governing design, installation, and testing of systems as well as on piping and related ma-
terial, sizes, arrangement, and connections to fire department.
This course teaches the Apprentice about construction, operation, water distribution,
discharge capacities, temperature rating, life, corrosion, and maintenance of automatic
sprinklers. In addition, the Apprentice learns about the various types of sprinklers and their
uses.
77
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Architectural Working Drawings for Sprinkler Fitters - 11 lessons, final exam;
graded by the instructor.
This course teaches the Apprentice how to read working drawings used in the build-
ing trades. Various types of drawings are discussed. A major portion of the course is de-
voted to detailed study of a set of working drawings.
Blueprint Reading for the Sprinkler Fitter - 11 lessons, final exam. Lessons 1 and
2 are graded by the instructor; the remaining lessons are computer graded.
This course teaches the Apprentice simple sketching and reading of isometric draw-
ings, piping and equipment symbols and nomenclature, flow-sheets, orthographic drawings,
and construction blueprints. Nine lessons of this course are devoted to the reading of very
detailed drawings of a coal-fired electric power plant.
This course teaches the Apprentice about the various types of sprinkler water supply,
fire pumps, gravity tanks, pressure tanks, and embankment tanks. Tank foundations, pipe
connections, fittings, and heating equipment are described. Information on vertical-shaft tur-
bine pumps, electric and engine valve controls, and diesel engine drives is included.
This course teaches the Apprentice about the similarities and differences among the
various types of fire protection, including wet-pipe systems and antifreeze solutions, dry-
pipe systems, pre-action systems and deluge systems, systems with non fire-protection con-
nections, combined sprinkler-standpipe systems, foam-water systems, and both high- and
low-pressure carbon dioxide systems.
This is a technical course in which the Apprentice deals specifically with rate-of-rise
systems and pilot line actuated systems. Although all aspects of such systems are not con-
sidered in this course, the Apprentice should be able to work with any system he or she may
encounter.
Hydraulics for the Sprinkler Apprentice - 5 lessons, final exam; computer graded.
This course teaches the Apprentice about pressure, total force, specific gravity, spe-
cific density, pressure generation, flow rate, sprinkler system design, pressure losses, and
calculated systems.
78
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Sprinkler System Alarms - 5 lessons, final exam; computer graded.
This course teaches the Apprentice about alarm check-valve and retarding cham-
bers, waterflow indicators, alarms for dry-pipe, pre-action, and deluge systems, waterflow
switches, water motor alarms, protective signaling systems, fire-sensitive devices, and
supervision of sprinkler systems.
In this course, the Apprentice reviews the economics of the sprinkler industry. Some
of the topics covered are capital, labor, management, the profit motive, cost accounting,
overhead, investment, assets, depreciation, income, profit, break-even points, estimating, fi-
nancing, interest, corporations, and partnerships.
This course acquaints the Apprentice with the basics of human behavior in the
workplace. Topics covered are the duties and responsibilities of the foreman, planning
the work, the foreman’s responsibility for training, giving orders, directions, and sugges-
tions properly, keeping records and writing reports, operational costs, other phases of
communications, safety, improving work methods and procedures, and getting the job done
right.
This course teaches the Apprentice good practices for recordkeeping and reporting.
Through the course, the Apprentice learns why written reports are required, the character-
istics of a good report, and how to fill in typical report forms such as accident reports and daily
time and material reports.
SECTION I - PREAMBLE
In order to conform with Title 29, Code of Federal Regulations (CFR) Part 30 - Equal Em-
ployment Opportunity in Apprenticeship, the Local 669 Joint Apprenticeship and Training
Committee, hereinafter referred to as the “JATC”, enters this Plan with good faith for the pur-
pose of promoting equality of opportunity into its registered Apprenticeship Program. The
JATC seeks to increase the recruitment of qualified women and minorities for possible se-
lection into the Apprenticeship Program in the event females and/or minorities are underuti-
lized in the Apprenticeship Program.
This Plan is a supplement to the Local 669 JATC Apprenticeship Standards. Any changes
to the Standards made by the JATC shall become part of this written Plan, once approved
by the Office of Apprenticeship, U.S. Department of Labor.
79
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION II - EQUAL EMPLOYMENT OPPORTUNITY PLEDGE
The recruitment, selection, employment, and training of apprentices during their appren-
ticeship shall be without discrimination because of race, color, religion, national origin, or
sex. The sponsor will take affirmative action to provide equal opportunity in apprenticeship
and will operate the apprenticeship program as required under Title 29 of the Code of Fed-
eral Regulations Part 30.
In order to allow positive recruitment and full utilization of minorities and women in the ap-
prenticeship program, the JATC pledges to undertake the outreach efforts listed in Section
IV. The purpose of the analysis is to determine the minority and women’s labor force in the
JATC labor market area. Once the labor force is determined, the JATC can determine if de-
ficiencies exist in terms of underutilization of minorities and/or women in the occupations
registered with the Registration Agency.
1. Every six (6) months, the Compliance Officer will send to community outreach organiza-
tions and facilities which can assist in securing qualified minority and female applicants,
throughout the area of the country covered by the Apprenticeship Standards between the
Union and the National Fire Sprinkler Association announcements of apprenticeship oppor-
tunities and information concerning signatory contractors operating within the outreach or-
ganizations geographical area.
2. In addition to the notifications to minority groups and female referral organizations refer-
enced above, the Compliance Officer will semi-annually notify the following:
a. The Office of Apprenticeship and the State Apprenticeship Council (SAC) (if appli-
cable) representatives serving the program.
b. One-Stop Centers
3. The JATC, Compliance Officer, and Contractors may take additional affirmative actions
such as participation in workshops for school and employment service counselors, and co-
operating and consulting with secondary and vocational administrators on the transition of
students from school to apprenticeship openings. The Compliance Officer is to receive writ-
ten notification of such efforts made by Contractors.
The JATC Office will make an annual review of its Affirmative Action Plan and its overall effec-
tiveness and institute any revisions or modifications warranted. The review shall analyze (in-
dependently and collectively) the affirmative action steps taken by the JATC for evaluating the
positive impact, as well as the adverse impact in the areas of Outreach and Recruitment, Se-
80
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
lection Employment and Training. The JATC will work diligently to identify the cause and effect
that results from their affirmative action measures. The JATC will continually monitor these
processes in order to identify the need for a new affirmative action effort and/or deletion of in-
effective existing activity. All changes to the Affirmative Action Plan must be submitted to the Reg-
istration Agency for registration. The JATC will continually monitor the participation rates of
minorities and women in the apprenticeship program in an effort to identify any type of under-
utilization. If underutilization exists, corrective action will be immediately implemented.
SPONSOR’S GOALS:
The sponsor agrees to make good faith efforts to attain the goal of selecting n/a % minori-
ties and eight percent (8%) women during the next year or hiring period. These goals shall
not be used to discriminate against any qualified applicant on the basis of race, color, reli-
gion, national origin or sex.
(c) Must be physically capable of performing the essential functions of the apprenticeship
program with or without a reasonable accommodation, and without posing a direct threat to
the health and safety of the individual or others.
Applicants may be subject to a physical agility or fitness test, or screened for the current il-
legal use of drugs or both on acceptance into the program and prior to being employed. (Ap-
plicants after being selected but before being assigned to an Employer shall undergo a
medical examination to establish physical fitness).
(d) Must have military discharge under other than dishonorable conditions, if applicable, and
show evidence of same.
SECTION I - DEFINITIONS
Applicant Log: A daily log reflecting the name, status, date, and disposition of applications
for apprenticeship positions furnished by or submitted to each contractor.
81
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Contractor: Any employing unit which is a contractor member of the National Fire Sprinkler
Association or any other employing unit subject to a collective bargaining agreement be-
tween United Association Road Sprinkler Fitters Local Union 669 and the National Fire Sprin-
kler Association and required thereby to make periodic payments to the Education Fund.
Director of Apprenticeship: The agent of the Joint Apprenticeship and Training Committee
(JATC) or designated person to perform the duties stated in the Standards of Apprenticeship.
Compliance Officer: The national coordinator of the JATC’s outreach and record keeping re-
sponsibilities.
Monthly Applicant Report: A monthly report submitted by each contractor to the Compliance
Officer detailing the name, date and disposition of applications for apprenticeship positions.
Monthly Activity Report: A monthly report submitted by each contractor to the Director of Ap-
prenticeship describing the on-the-job experience and Related Instruction for each appren-
tice.
Year Round Enrollment: An application process whereby contractors will accept applications
five days a week, except holidays, fifty-two weeks per year, between the hours of 9:00 A.M.
and 11:30 A.M. and 1:30 P.M. and 3:00 P.M. Completed applications received will be kept on
file until the contractor determines the need to create a ranked applicant pool for future ap-
prenticeship opportunities.
1. All contractors participating in the JATC’s program of training and education shall utilize
year round enrollment as their exclusive means of selecting Class 1 Apprentices.
When the employer gives favorable consideration to apprentices referred from the
Union, of if the Union is unable to refer qualified Apprentices within seventy-two (72) hours,
the restrictions below will not apply.
In any event, the employer shall not employ more than one (1) Apprentice per each
Journeyman, establishing a 1:1 ratio of Apprentices to Journeyman.
No new Apprentice may be hired when unemployment exceeds two (2) Journeyperson or Ap-
prentices, within 100 miles of the applicant’s home residence, or eight percent (8%) of the
total of Journeyperson and Apprentices, within 100 miles of the applicant’s home residence
(whichever is greater). For the purposes of determining the actual availability of qualified
Journeyperson and Apprentices in a given area, the Union will maintain a list of unemployed
Journeymen and Apprentices. Said list shall be updated on a weekly basis and will be made
available to the JATC upon request, but shall not be used for any purpose other than the fore-
82
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
going. The Chairman and Secretary of the Committee will approve or reject applications for
new Apprentices based upon the above-referenced list. If unemployment within the District
of the applicant’s home address exceeds eight percent (8%) or ten (10) Journeymen and Ap-
prentices, whichever is greater, the Employer may not hire a new Apprentice for ninety (90)
days after the Committee notifies the Union of the request for an Apprentice, or until the per-
cent no longer exceeds eight percent (8%) or ten (10) Journeyperson and Apprentices within
the District of the applicant’s home address.
At the expiration of ninety (90) days, the Employer may hire three (3) new Apprentices in that
District regardless of unemployment and, thereafter, if the eight percent (8%) ten (10) Jour-
neyperson/Apprentices unemployment continues, the Employer shall hire one (1) unem-
ployed Journeyperson or Apprentice from the Union’s national unemployment list for every
new Apprentice hired during that time frame.
At the expiration of ninety (90) days, the Employer may make a second request for appren-
tices and, if the eight percent (8%)/ten (10) Journeyperson/Apprentice unemployment con-
tinues, the Employer may, after the expiration of the second ninety (90) day period, hire three
(3) new Apprentices in that District regardless of unemployment and, thereafter, if such un-
employment continues, the Employer shall hire one (1) unemployed Journeyperson or Ap-
prentice from the Union’s National Unemployment List for each new Apprentice hired during
that time frame.
Under these requirements, the Employer may hire a maximum of six (6) Apprentices in any
calendar year in any District where the eight percent (8%)/ten (10) Journeyperson/Appren-
tice unemployment continues to exist. Within fifteen (15) calendar days of the hiring of a new
Apprentice, any layoff by the Employer within one hundred (100) miles of that Apprentice’s
home address shall include the new Apprentice.
If the newly employed Apprentice is terminated by the Employer for ‘’just cause” or quits,
the Employer shall have the right to replace that apprentice.
For the purposes of determining the actual availability of qualified Journeyperson and Ap-
prentices in a given area, the Union will maintain a list of unemployed Journeyperson and
Apprentices. Said list shall be updated on a weekly basis. Said list will be made available to
the Committee upon request, but shall not be used for any purpose other than the forego-
ing. The Chairman and Secretary of the Committee will approve or reject applications for
new Apprentices based upon the above-referenced list.
The Director of Apprenticeship will provide a list of Apprentice Applications for approval on
Friday of each week (if applicable) to the Chairman and Secretary of the JATC. The Union
will respond to the list, received on Friday, the following Monday.
3. Contractors being entitled to and desiring an Apprentice shall make application for said Ap-
prentice to the Committee. The Contractor shall agree that the Apprentice will be worked
under such conditions as will result in normal advancement and that the Contractor will co-
operate in seeing that the Apprentice does the requisite amount of study and on-the-job train-
83
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ing as prescribed by the Committee. The Contractor shall also agree that the Apprentice will
not be employed in a manner that may be considered as unfair to either party to these Stan-
dards and, further, the parties agree to maintain their existing procedures and rules, as de-
termined by the Committee, with respect to administration of the Apprenticeship Program. In
the event there are Apprentices available who have had their employment terminated by
some other member Contractor, such Apprentice will be placed before new Apprentices are
hired.
4. Contractors shall maintain an applicant log, showing the status and final disposition of the
applicant, copies of which shall be sent on a regular basis to the Compliance Officer.
5. Every person requesting an application shall be recorded on the applicant log and shall
be furnished an application package which will include:
a. Apprenticeship Application.
6. Individuals receiving applicant packages shall return to the contractor the completed in-
formation, including copies of the applicant’s birth certificate, high school diploma or G.E.D.
Certificate and Military Discharge (Form DD-214) if applicable, in no more than forty-five
(45) days. Any individual, who fails to return the information after forty-five days, shall be
noted on the applicant log as being ineligible for consideration at this time.
Any individual who meets the eligibility requirements and who returns a completed package
within forty-five (45) days of its receipt shall be considered an applicant and eligible for in-
terview.
7. Interviews shall be conducted at the discretion of the contractor. When there is an exist-
ing pool of applicants, no interviews shall be conducted with less than seven (7) days notice,
via certified mail, to all eligible applicants. A new ranked list is required including
unsuccessful applicants, who will be slotted in wherever their rating score places them for a
period of two (2) years, unless the applicant has been removed from the list by their own writ-
ten request or following failure to respond to an apprenticeship opening. Applicants not
placed during the two (2) year period who were on the ranked list will be required to reap-
ply.
8. Notices shall also be sent to applicants who have previously been interviewed and ranked,
advising them of the opportunity to re-interview, provided they can demonstrate tangible
evidence of activities which have enhanced their qualifications for the job.
9. In the event any applicant fails to respond to said notices, they shall be notified by certi-
fied mail and removed from the pool of applicants and notation of such shall be made on the
Monthly Applicant Report.
84
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
10. Interviews shall be conducted by a committee consisting of at least two individuals.
11. Each interview session shall be scheduled to provide time to adequately cover each in-
terview grading area.
12. The interview committee shall have in its possession for review with regard to each
applicant: Application Form, High School Diploma or G.E.D. Certificate, Military Discharge
(Form DD-214) if applicable, and proof of birth date.
13. After a brief introduction, the committee will ask questions of the applicant with the pur-
pose of finding out as much as possible about the applicant as an individual and about the
applicant’s ability to perform in the apprenticeship program.
14. Questions for the interview and for purposes of evaluation will be on topics related to job
performance to determine ability to perform job, such as: work experience, education record,
mechanical abilities, and motivation.
15. Evaluation must be based on a standard of industry needs, and not by a comparison with
other applicants.
16. Adequate records shall be kept including a brief summary of each interview and the con-
clusions on each of the specific factors, e.g. motivation, ambition, and willingness to accept
direction which are part of the total judgment.
1. The Contractor shall notify, via certified mail, all individuals interviewed of the results of the
interview, including their score and ranking. A numerical ranking of 1 shall be the highest
ranking, followed by 2, 3, 4, etc.
2. From the individuals interviewed, the contractor shall select in numerical order the appli-
cants sufficient to meet its employment needs.
3. Applicants not selected shall remain on the ranked list for a period of two (2) years, un-
less removed in accordance with Section II, number 8 or 10 of this procedure.
4. An applicant selected by the contractor for entry into the Apprenticeship Program, shall,
be scheduled for an examination and completion of the Medical Form. After the applicant
passes the physical examination and drug test, the contractor will forward the documents to
the Compliance Officer and retain a copy for the applicant’s file.
6. Veterans who completed military technical training school and participated in a registered
apprenticeship program, or completed military technical training school in a recognized ap-
prenticeable occupation, during their military service, may be given direct entry into the ap-
prenticeship program.
The Program Sponsor will evaluate the military training and on-the-job learning experience
received for the granting of appropriate credit on the term of apprenticeship and the appro-
priate wage rate.
Credit will be granted in accordance with that section identified in the Registered Appren-
ticeship Program Standards as “Credit for Previous Experience”. The request for credit will
be evaluated and a determination made by the Program Sponsor during the probationary pe-
riod when actual on-the-job learning and related instruction performance can be examined.
Prior to completion of the probationary period, the amount of credit to be awarded will be de-
termined after review of the apprentice’s previous work and training/education record and
evaluation of the apprentice’s performance, skill and knowledge demonstrated during the
probationary period. An apprentice granted credit shall be advanced to the wage rate des-
ignated for the period to which such credit accrues.
Apprentice applicants seeking credit for previous experience gained outside the supervision
of the program sponsor must submit such request at the time of application and furnish such
records, affidavits, and other (insert local requirements) to substantiate the claim.
Entry of veterans will be done without regard to race, color, religion, national origin, or sex.
1. All records required for the operation and administration of this Affirmative Action Plan
shall be maintained for a period of five (5) years from the time of the last action at the con-
tractor’s and Compliance Officer’s address.
2. Records maintained by the contractor shall be available for inspection and review by the
Compliance Officer at such times and under such conditions as the Officer in his or her dis-
cretion determines.
When a Contractor discharges an Apprentice, the Contractor shall immediately notify the
Committee in writing, giving the name of the Apprentice and the reason for discharge. Dis-
position of such an Apprentice shall be made by the Committee within sixty (60) days of re-
86
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ceipt of notice of discharge. Apprentices shall have the right to request an appearance be-
fore the Committee concerning specific issues or matters dealing with their Apprenticeship
Agreement. Such requests shall be in writing. In case of dissatisfaction between the Con-
tractor and the Apprentice, either party has the right and privilege of appeal to the Commit-
tee for such action and adjustment of such matters as come within the Standards.
For issues regarding wages, hours, working conditions, and other issues covered by the
Collective Bargaining Agreement, Apprentices may seek resolution through the applicable
dispute settlement provisions of that Agreement after first bringing documented evidence to
the Committee.
The Committee shall hear and consider all complaints of violations concerning the Appren-
ticeship Agreement and the registered Apprenticeship Standards. Either party to the Ap-
prenticeship Agreement may consult with the Office of Apprenticeship for an interpretation
of any provision of the Standards over which differences occur.
Any Apprentice or applicant for Apprenticeship who believes they have been discriminated
against on the basis of race, color, religion, national origin or sex with regard to Apprentice-
ship, or that the equal opportunity standards with respect to their selection have not been fol-
lowed in the operation of the Apprenticeship Program, may contact directly personally or
through an authorized representative, to file a compliant with the Registration Agency or, at
the apprentices or applicant’s election, with the private review body established by the local
JATC (if applicable).
Complaints to the U.S. Department of Labor, which may be filed by the Apprentice or through
an authorized representative of the Apprentice, must be filed not later than one hundred
eighty (180) days from the date of the alleged discrimination or specified failure to follow the
equal opportunity standards. The complaint shall be in writing and shall be signed by the
complainant. It must include the name, address, and telephone number of the person al-
legedly discriminated against, the Program Sponsor involved, and a brief description of the
circumstances of the failure to apply the equal opportunity standard.
Complaints of harassment in the apprenticeship program may be filed and processed under
Title 29, CFR Part 30, and the procedures as set forth above.
The JATC will provide written notice of their complaint procedure to all applicants for ap-
prenticeship and all apprentices.
87
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
AGREEMENT
*****
WHEREAS, the Union has competent and skilled Journeymen and Apprentice
Sprinkler Fitters;
(1) That the Employer and the Union mutually agree to be bound by the terms
and conditions of the Agreement between National Fire Sprinkler Association, Inc. and
the Road Sprinkler Fitters and Apprentices Local Union 669, dated and effective April
1, 2016, and all addendums and supplements thereto, copy of which is attached hereto
and made a part hereof, the same as if the Employer and the Union were parties
thereto; and the Employer and the Union herewith adopt said Agreement as and for
their contract of employment and that all the Journeymen Sprinkler Fitters and their Ap-
prentices hired by the Employer are to be employed according to the terms and condi-
tions of employment contained in said Agreement.
(2) The Employer and Union do further agree to be bound by the Declarations
and Trust establishing a Local Union 669 Health and Welfare Fund and separate
Education Fund made between the National Automatic Sprinkler Fitters and Appren-
tices Local Union 669, dated the 2nd day of April, 1953, and separate Pension Fund
dated the 1st day of April, 1957, and the Supplemental Pension Fund dated January 25,
1978, and the Employer agrees to be bound thereby and by all amendments made
thereto the same as if the Employer and the Union were parties to said Declaration of
Trust.
(3) The Employer further agrees to make the necessary financial contributions to
the Local Union 669 Health and Welfare Fund and Education Fund and Pension Fund
as required by the Collective Bargaining Agreement effective April 1, 2016, and the said
Declarations of Trust. The Employer hereby authorizes the parties to name Trustees and
successor Trustees to administer the Health and Welfare Trust Fund and Education
Trust Fund and Pension Trust Fund, and hereby ratifies and accepts such Trustees and
the terms and conditions of the Trust as if fully made by the Employer and the Union to-
gether.
88
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
FOR THE EMPLOYER: FOR THE UNION:
By_______________________ By_________________________
Sign Here Business Manager
7050 Oakland Mills Road #200
_________________________ Columbia, MD 21046
Print Here PHONE: (410) 381-4300
FAX: (301) 621-8045
_________________________
Title
_________________________
Address
_________________________
City, State & Zip
_________________________
Telephone (include area code)
_________________________
Fax Number (include area code)
_________________________
89
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
— NOTES —
90
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
— NOTES —
91
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
— NOTES —
92
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Covering Rules, Regulations
& Working Conditions
Apprenticeship Standards
2016 -2021
Sprinkler Large Agreement 2016-21 Cover 4-C 17x11 10.indd 1 6/2/16 8:49 AM
Connecticut Breakdown of Wage and Benefit Package
Benefit Package
Health & Welfare 4/1/16 $8.77 per hour for all hours worked
Health & Welfare 1/1/17 $9.17 per hour for all hours worked
Health & Welfare 1/1/18 $9.67 per hour for all hours worked
Health & Welfare 1/1/19 $10.02 per hour for all hours worked
Health & Welfare 1/1/20 TBD
Health & Welfare 1/1/21 TBD
Pension 4/1/16 $6.05 per hour for all hours worked
Pension 1/1/17 $6.20 per hour for all hours worked
Pension 1/1/18 $6.40 per hour for all hours worked
Pension 1/1/19 $6.60 per hour for all hours worked
Pension 1/1/20 TBD
Pension 1/1/21 TBD
Education 4/1/16 $ .35 per hour for all hours worked
Education 4/1/17 $ .37 per hour for all hours worked
Education 4/1/18 $ .42 per hour for all hours worked
International Training Fund 4/1/16 $ .10 per hour for all hours worked
Industry Promotion 4/1/16 $ .25 per hour for all hours worked
Supplemental Pension 4/1/16 $5.50 per hour for all hours worked
Supplemental Pension 4/1/17 $5.65 per hour for all hours worked
Supplemental Pension 4/1/18 $5.90 per hour for all hours worked
Supplemental Pension 4/1/19 TBD
Supplemental Pension 4/1/20 TBD
If you should have any additional questions, please feel free to contact Business Agent Brian Finn at (508)
886-6444 or this office.
2016 -2021
Sprinkler Large Agreement 2016-21 Cover 4-C 17x11 10.indd 1 6/2/16 8:49 AM
TABLE OF CONTENTS
THIS AGREEMENT is made this 1st day of April, 2016 (and constituting revision of the
original Agreement of April 6, 1915, and revisions and renewals thereof) and between
National Fire Sprinkler Association, Inc. (hereinafter sometimes referred to as “NFSA”
or “The Association”) and Road Sprinkler Fitters Local Union 669 (hereinafter referred to
as the “Union”).
ARTICLE 1
The National Fire Sprinkler Association, Inc., a body corporate under authority from
its members pursuant to its By-Laws, has negotiated and signed this Agreement for and on
behalf of contractors that have given the National Fire Sprinkler Association, Inc. written
authority to negotiate this Collective Bargaining Agreement, each of whom is the “Employer”
party to this contract. A list of the names of those contractors authorizing NFSA to negoti-
ate and execute this Agreement and on whose behalf it is negotiated and executed is
attached hereto and made a part hereof.
It is understood that the NFSA is not responsible for the actions of individual con-
tractors relative to the application of and compliance with this Agreement. NFSA has the ex-
clusive right to appoint employer representatives to all joint committees or trust boards that
are in existence and/or come about as a result of the terms and conditions of this Collective
Bargaining Agreement. NFSA may, at its option, with the approval of the contractor partici-
pate in any grievance involving said contractor who has given NFSA authority to negotiate
this Collective Bargaining Agreement.
It is further understood and agreed that any Employer bound by the terms of this
Agreement by virtue of the authority described in the above paragraph agrees that, if the
contractor withdraws its membership from NFSA or its membership is terminated for any
reason, the contractor shall be bound by all the terms and conditions of the Agreement for
the balance of the term of this Agreement. NFSA agrees to notify the Union when any con-
tractor member withdraws or is terminated from the NFSA within twenty (20) days of such
action. NFSA shall also notify the Union of any new member joining NFSA within a period
of twenty (20) days from receipt of application, subject to subsequent Board of Directors ap-
proval, and shall furnish the Union with a copy of the signed agreement whereby the Com-
pany authorizes NFSA to represent it in Collective Bargaining.
3
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The Union shall submit to NFSA within thirty (30) days of the signing of this Agreement
a copy of separate agreements signed with employers who are not members of NFSA and/or
are not party to this Agreement and shall thereafter advise NFSA in writing within ten (10)
days of any new employers with whom the Union has signed a separate agreement. The
Union shall promptly provide NFSA with copies of correspondence with employers
represented by NFSA.
ARTICLE 2
This Agreement is entered into in good faith and the subscribers declare their entire
willingness to fulfill all requirements contained herein, their acts being done with the full
knowledge, consent and authority of the Employer and the Union. It is hoped and believed
that this Agreement properly respected will tend to remove the causes for industrial strife
and bring about a better understanding between the Employer and the Union.
STANDING COMMITTEE: Recognizing the fact that this Agreement is for five (5)
years, the parties to this Agreement hereby create a Mutual Cooperation Committee which
will meet on a periodic basis, every one hundred twenty (120) days, or sooner, if the need
arises, to discuss problems that are of mutual concern to the NFSA and Local Union 669.
The primary purpose of this Committee is to evaluate the effectiveness of this Col-
lective Bargaining Agreement in reclaiming the market for signatory contractors and their
employees and if market share continues to decline, the parties to this Agreement shall dis-
cuss possible ways and means to further prevent continued loss of market.
All employers in a given area agree to provide timely information to the respective
State and Federal agencies as requested by the Union and/or NFSA, for purposes of es-
tablishing and maintaining area standards for public work projects.
ARTICLE 3
RECOGNITION: The National Fire Sprinkler Association, Inc. for and on behalf of its
contractor members that have given written authorization and all other employing contrac-
tors becoming signatory hereto, recognize the Union as the sole and exclusive bargaining
representative for all Journeymen Sprinkler Fitters and Apprentices in the employ of said
Employers, who are engaged in all work as set forth in Article 18 of this Agreement with re-
spect to wages, hours and other conditions of employment pursuant to Section 9(a) of the
National Labor Relations Act.
The Union also recognizes the National Fire Sprinkler Association, Inc. as the Col-
lective Bargaining Agency for contractors who have given written authorization and for those
contractors who become signatory to this Agreement.
This Agreement shall be binding upon the parties hereto, their successors, adminis-
trators, executors and assigns. It is understood that the parties hereto shall not use any
sale, transfer, lease, assignment, receivership, or bankruptcy to evade the terms of this
Agreement.
4
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ARTICLE 4
UNION SECURITY: All present employees covered by this Agreement who are mem-
bers of Local Union 669 shall, as a condition of employment, maintain their membership in
the Union (to the extent and in the manner provided for and permitted by State and Federal
laws). All other employees covered by this Agreement shall, as a condition of employment
(to the extent and in the manner provided for and permitted by State and Federal laws) be-
come members of Local Union 669 seven (7) days following April 1, 2016. All new employ-
ees shall, as a condition of employment, become members of Local Union 669 at the end of
seven (7) days employment (to the extent and in the manner as provided for and permitted
by State and Federal laws).
A person not a member of the United Association shall be acceptable for employment
as a Journeyman only after he has produced for the Employer sworn affidavits of five (5)
year’s experience in the Sprinkler Industry as an Apprentice and/or Journeyman on the let-
terhead of his previous Employer or Employers, and such affidavits have been forwarded to
the Union. The five (5) year period conforms to the period of Apprentice training as set forth
in the Apprentice Standards of the Sprinkler Industry.
A person not a member of the United Association shall be acceptable for employment
as an Apprentice after he has met the requirements in the Apprentice Standards, been ac-
cepted by the Joint Apprenticeship and Training Committee and issued a probationary Ap-
prentice classification card by the Director of Apprenticeship of Local 669. If the Union is
unable to furnish individuals to the Employer, and the Employer employs individuals not
members of the United Association, these employees shall be paid the Journeyman’s rate
provided in the Agreement and contributions shall be made on such employees to the vari-
ous fringe benefit funds as provided in this Agreement.
DUES CHECK-OFF: The Employer agrees to deduct Union Membership Dues law-
fully and uniformly levied by the Union in accordance with the Constitution and By-Laws of
the Union, or other lawful deductions (i.e., the $0.15/hr. for Michigan Industry Advancement)
from the pay of each employee who executes or has executed the following “Authorization
for Check-Off of Work Assessment” form. An “Authorization for Check-Off of Work Assess-
ment” form furnished by the Local Union, shall be given by the Employer to each new em-
ployee performing work under this Agreement, for the employee’s consideration. Such
deductions shall be computed and deducted weekly and remitted monthly to the Local Union
669 National Office at 7050 Oakland Mills Road - Suite 200, Columbia, MD 21046, not later
than the 15th day of each month following the month in which the wages were paid. The pay-
ments to Local Union 669 required under this provision may be transmitted to the Union by
means of electronic transfer of funds.
5
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
AUTHORIZATION FOR CHECK-OFF OF WORK ASSESSMENT
SPRINKLER FITTERS LOCAL UNION 669
7050 OAKLAND MILLS ROAD - SUITE 200, COLUMBIA, MARYLAND 21046
TO: Any and All Employers Signatory to a Collective Bargaining Agreement with Local Union #669
I, hereby assign to Local Union #669, United Association of Journeymen and Apprentices of the Plumbing and Pipe
Fitting Industry of the United States and Canada, AFL-CIO, from any wages earned by me as an employee of any employer who
is signatory to an applicable Collective Bargaining Agreement (in my present or in any future employment), the currently applica-
ble Local Union 669 dues assessment as a percentage of the gross wages earned by me for all hours worked and/or paid. I also
assign and authorize deduction of any other assessment lawfully authorized and enacted by the union membership on a district,
state, regional or national basis. I authorize and direct you to deduct such amounts from my pay on a weekly basis irrespective of
my membership in the union and to remit said sum monthly to Local #669 in such manner as may be agreed upon between Local
#669 and the employer at any time while this authorization is in effect.
This assignment, authorization and direction shall be irrevocable for a period of one year from the date of delivery hereof
to you, or until the termination of the Collective Bargaining Agreement between you and Local #669 which is in force at the time of
delivery of this authorization, whichever occurs sooner; and I agree and direct that this assignment, authorization and direction shall
be automatically renewed and shall be irrevocable for successive periods of one year each and for the period of each succeeding
applicable Collective Bargaining Agreement between an employer with whom I am at that time employed and Local #669, whichever
shall be shorter, unless written notice is given by me to the employer with whom I am at that time employed and Local #669 not
more than twenty (20) days and not less than ten (10) days prior to the expiration of each period of one year, or of each applica-
ble Collective Bargaining Agreement between an employer with whom I am at that time employed and Local #669, whichever
occurs sooner.
(Continued on Reverse Side)
This authorization is made pursuant to the provisions of Section 302(C) of the Labor-Management Relations Act of 1947
and otherwise and shall be effective January 1, 1997 or the date of execution, whichever is later.
It is agreed that the above “Authorization for Check-Off of Work Assessment” form and “any revocation” thereof shall be
executed in triplicate. Distribution of copies - 1) Original to Local 669, 7050 Oakland Mills Road, Suite 200, Columbia, Maryland
21046; 2) Green copy retained by contractor for his records; 3) White copy for member’s records.
Any change in the rate or amount of membership dues levied by the Union shall be put
into effect and the deductions made during the calendar month following the calendar month
in which the Employer received from the Union written notice of the change. The Union
agrees to save and hold the Employer and the National Fire Sprinkler Association, Inc. harm-
less from any action, claim, loss, damage, or the like, including all attorneys’ fees arising
from or in any way connected with any deduction made pursuant to this article.
6
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
LOCAL 669 POLITICAL ACTION COMMITTEE CHECK-OFF
The employer shall deduct from the pay of each employee covered by this Agree-
ment, and remit to the Treasurer of the Road Sprinkler Fitters Local 669 Political Action Com-
mittee (“Local 669 PAC”) voluntary contributions to the Local 669 PAC for each employee
who voluntarily executes the authorization check-off form provided for that purpose by the
Local 669 PAC.
The amount and timing of such check-off deductions and the transmittal of such vol-
untary contributions shall be as specified in those forms, and in compliance with all applica-
ble federal and state laws. Contributions of Fifty Dollars ($50.00) or less must be remitted to
the Local or PAC Fund within thirty (30) days of such deduction and contributions over Fifty
Dollars ($50.00) must be remitted within ten (10) days of such deduction.
The Employer will invoice Local 669 Fifty Cents ($0.50) per bargaining unit employee
per month, to cover the Employer’s reasonable administrative costs of complying with this
provision.
The Employer will deduct Twenty-Five Cents ($0.25) per hour from the employee’s pay
and remit it to the Extended Benefit Fund.
The Union agrees to save and hold the Employer and the National Fire Sprinkler As-
sociation, Inc. harmless from any action, claim, loss, damage, or the like, including all attor-
neys’ fees arising from or in any way connected with any deduction made pursuant to this
Article.
ARTICLE 5
HIRING OF EMPLOYEES: Should the Employer fail to secure unemployed 669 Sprin-
kler Fitter Journeymen and Apprentices from any source available to him, he shall contact
the Union requesting a referral of qualified unemployed Sprinkler Fitter Journeymen or Ap-
prentices residing within one hundred (100) miles of the job site. The Union shall be given
seventy-two (72) hours, from time of notification to refer qualified unemployed Sprinkler Fit-
ter Journeymen or Apprentices to perform the work involved.
If the Union fails for any reason to refer unemployed qualified Sprinkler Fitter Journey-
men or Apprentices within seventy-two (72) hours, the Employer may hire new Apprentices
in accordance with the ratios established in this Agreement and subject to applicable Ap-
prentice selection procedures.
The Employer shall have the right to accept or reject for just cause, any job applicant and
to solicit from among applicants those, who in his estimation, are the best qualified.
7
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Journeymen Sprinkler Fitters shall have the right to solicit their own jobs.
Nothing contained herein shall prevent the transfer of an employee from one job to
another.
The parties recognize the legitimate interest of preserving and maintaining employ-
ment in the area in which work is being performed. Local employees shall therefore be the
last laid off when an Employer lays off on a job.
ARTICLE 6
This Agreement applies to the United States, and Off-Shore Drilling operations, ex-
cept in the territory established as of April 1, 2016, covered by the local agreements in
Boston-550, Chicago-281, Cleveland-120, Detroit-704, Kansas City-314, Los Angeles-709,
Milwaukee-183, Minneapolis-St. Paul-417, Newark-696, New York-638, Philadelphia-692,
Pittsburgh-542, St. Louis-268, San Francisco-483, Seattle-699, and the state of Florida-821.
It is agreed that the contractor members who are subscribers to this Agreement shall, when
performing work within the jurisdiction of any other Sprinkler Fitters Local Union, adhere to
and be bound by the terms and conditions of the Collective Bargaining Agreement negoti-
ated by the National Fire Sprinkler Association, Inc. with these other Sprinkler Fitters Local
Unions.
Travel expenses as applicable under Article 11 of the Agreement shall be paid from
the employee’s residence to the point of embarkation (i.e., boat landing, helicopter pad, etc.)
servicing the structure on which the job is located. Time spent from the point of embarka-
tion to the structure and from the structure to the point of embarkation shall be considered
hours worked. Travel expense at job completion will be applied as provided under Para-
graph (E), Article 11 of the Agreement.
Subsistence as applicable under Article 11 of this Agreement shall be paid to the point
of embarkation.
8
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Hours of work including shifts, starting time, meal periods, etc., shall conform to prac-
tice on the structure.
Overtime at the rate of double the appropriate hourly rate shall be paid for hours
worked outside the regularly scheduled work shift as established on the structure.
The hourly rate for Journeymen and Apprentices at the point of embarkation shall be
the hourly rate for work performed on the structure and applicable travel expense.
In no case shall an employee be required to remain on the structure for more than
fourteen (14) consecutive calendar days.
ARTICLE 7
WAGES: It is agreed that the hourly wage rate for Sprinkler Fitters shall apply to jobs in the
states effective April 1, 2016 for the duration of the Agreement:
Wage Rate
In states/districts where Local 669 members have already enacted an Industry Ad-
vancement Fund, or during the life of the Agreement vote to adopt an Industry Advancement
Fund, the hourly contribution to those Funds will be deducted from the wages listed below
and treated the same as union dues under this Agreement. The states currently without an
Industry Advancement Fund are in bold underline below and the rates applicable to each
state or portion of state can be found following the “Counties” section below.
9
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
KANSAS $31.97 $33.17 $34.37
KENTUCKY $32.50 $33.75 $35.05
LOUISIANA $27.02 $27.27 $27.52
MAINE $27.39 $28.24 $29.14
MARYLAND $33.40 $34.40 $35.60
MASSACHUSETTS $39.01 $40.26 $41.51
MICHIGAN $33.62 $34.87 $36.12
MINNESOTA $35.08 $36.33 $37.58
MISSISSIPPI $24.03 $24.53 $25.03
MISSOURI $33.49 $34.79 $36.09
MONTANA $32.35 $33.35 $34.35
NEBRASKA $33.50 $34.75 $36.00
NEVADA (1) $39.34 $41.09 $42.79
NEVADA (2) $41.10 $42.35 $43.85
NEW HAMPSHIRE $29.06 $29.81 $30.61
NEW JERSEY $48.15 $49.15 $50.25
NEW MEXICO $28.90 $29.90 $30.90
NEW YORK (1) $32.66 $33.76 $34.91
NEW YORK (2) $42.72 $43.97 $45.42
NEW YORK (3) $33.18 $34.43 $35.68
NORTH CAROLINA $25.46 $25.46 $25.46
NORTH DAKOTA $31.77 $32.87 $33.97
OHIO $35.08 $36.33 $37.78
OKLAHOMA $30.47 $31.32 $32.32
OREGON-1 $36.06 $37.66 $39.21
OREGON-21 $31.75 $32.75 $33.75
PENNSYLVANIA $36.05 $37.40 $38.80
RHODE ISLAND $42.62 $43.92 $45.32
SOUTH CAROLINA $24.17 $24.17 $24.17
SOUTH DAKOTA $30.16 $31.01 $31.86
TENNESSEE $26.05 $26.80 $27.55
TEXAS $28.18 $29.03 $30.03
UTAH $32.14 $33.14 $34.20
VERMONT $26.96 $27.71 $28.48
VIRGINIA (1) $26.80 $27.05 $27.30
VIRGINIA (2) $33.40 $34.40 $35.60
WASHINGTON-1 $36.06 $37.66 $39.21
WASHINGTON-21 $31.95 $33.20 $34.45
WEST VIRGINIA $33.02 $34.02 $35.27
WISCONSIN $39.48 $40.88 $42.28
WYOMING $31.55 $32.35 $33.35
10
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Counties
1) California (1)
Counties- Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San
Joaquin, San Luis Obispo, Santa Barbara, Santa Cruz, Stanislaus, Tulare, Tuolumne, and
portion of Kern County WEST of Highway 14.
2) California (2)
Counties- Alpine, Amador, Butte, Colusa, Del Norte, El Dorado, Glen, Humboldt, Lake,
Lassen, Mendocino, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou,
Sutter, Tehama, Trinity, Yolo and Yuba.
3) California (3)
Counties- San Bernardino, Riverside, Orange, Imperial, Inyo, Los Angeles, Mono, Ventura,
and portion of Kern County EAST of Highway 14.
4) California (4)
Counties- San Diego County.
5) Nevada (1)
Excludes Nevada counties of Clark, Nye & Lincoln.
6) Nevada (2)
Includes Nevada counties of Clark, Nye & Lincoln.
The Union may, at its discretion, reallocate moneys due between wages and S.I.S.
Fund contributions, once every calendar year, with thirty (30) days prior written notice to the
NFSA and signatory contractors, with action taking place by July 1 of each year, provided that
the sum of the total contribution to wages and the S.I.S. Fund remains the same.
11
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
INDUSTRY ADVANCEMENT FUND PAYROLL DEDUCTION SCHEDULE
STATE AMOUNT
Alabama $0.50/hour
Alaska $0.25/hour
Arizona $0.50/hour
Arkansas $0.50/hour
California (District 2 only) $2.00/hour
California (District 22 only) $0.50/hour
California (District 27 only) $1.00/hour
Colorado $1.00/hour
Delaware $0.60/hour
District of Columbia $0.60/hour
Georgia $0.50/hour
Idaho (District 21 only) $0.75/hour
Idaho (District 40 only) $1.00/hour*
Illinois $0.50/hour
Indiana $1.00/hour
Iowa $0.50/hour
Kansas $0.50/hour
Kentucky $0.35/hour
Louisiana $0.50/hour
Maine $0.53/hour
Maryland $0.60/hour
Massachusetts $0.53/hour
Michigan $0.15/hour
Minnesota $0.25/hour
Mississippi $0.50/hour
Missouri $0.50/hour
Montana $0.75/hour
Nebraska $0.50/hour
Nevada (District 2 only) $2.00/hour
Nevada (District 25 only) $1.00/hour
New Hampshire $0.53/hour
New Jersey $1.00/hour
New York (District 19 only) $0.35/hour*
New York (District 34 only) $0.50/hour
North Carolina $0.75/hour
North Dakota $0.75/hour *
Ohio $1.00/hour
Oklahoma $0.50/hour
Oregon (District 1 only) $0.50/hour
Oregon (District 21 only) $0.75/hour
Pennsylvania $1.00/hour
South Carolina $0.50/hour
12
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
South Dakota $0.75/hour*
Tennessee $0.75/hour
Texas (District 5 only) $0.25/hour
Texas (District 26 only) $0.50/hour
Utah $1.00/hour*
Vermont $0.53/hour
Virginia $0.60/hour
Washington (District 1 only) $0.50/hour
Washington (District 21 only) $0.75/hour
Wisconsin $0.50/hour
Wyoming $1.00/hour
*All funds apply to hours worked by Class 5 apprentices and above, except for
the District 19, District 40, North and South Dakota Funds which applies to all
hours for all members.
No reduction in the wages provided for in this Agreement will be made without a se-
cret ballot ratification vote in favor of the reduction by the affected bargaining unit employ-
ees.
The total economic package shall be defined as Wages, Health and Welfare Fund, in-
cluding RESA, Pension Fund, Education Fund and S.I.S. Fund.
The current contribution rate to the NASI Health and Welfare Fund is Eight Dollars and
Seven Cents ($8.07) per hour. Effective January 1, 2017, the Health and Welfare contribu-
tion rate shall be Eight Dollars and Thirty-Two Cents ($8.32) per hour; effective January 1,
2018, the Health and Welfare contribution rate shall be Eight Dollars and Sixty-Seven Cents
($8.67) per hour; and, effective January 1, 2019, the Health and Welfare contribution rate
shall be Nine Dollars and Two Cents ($9.02) per hour.
The current contribution rate to the RESA fund is Seventy Cents ($0.70) per hour.
Effective January 1, 2017, the RESA contribution rate shall be Eighty-Five Cents ($0.85) per
hour; and, effective January 1, 2018, the RESA contribution rate shall be One Dollar ($1.00)
per hour.
Effective April 1, 2017, the hourly S.I.S. Fund contribution rate shall be increased by
$0.15 per hour; and effective April 1, 2018, the hourly S.I.S. Fund contribution rate shall be
increased by $0.25 per hour.
The current contribution rate to the NASI Pension Fund is Six Dollars and Five Cents
($6.05) per hour. Effective January 1, 2017, the Pension Fund contribution rate shall be Six Dol-
lars and Twenty Cents ($6.20) per hour; effective January 1, 2018, the Pension Fund contribu-
tion rate shall be Six Dollars and Forty Cents ($6.40) per hour; and effective January 1, 2019,
the Pension Fund contribution rate shall be Six Dollars and Sixty Cents ($6.60) per hour.
The current contribution rate to the Education Fund (including the U.A. Training Fund)
13
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
is Forty-Five Cents ($0.45) per hour. Effective April 1, 2017, the Education Fund contribu-
tion rate (including the U.A. Training Fund) shall be Forty-Seven Cents ($0.47) per hour; ef-
fective April 1, 2018, the Education Fund contribution rate (including the U.A. Training Fund)
shall be Fifty-Two Cents ($0.52) per hour.
Effective April 1, 2019, the combined total of the wage and S.I.S. rates shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective January 1, 2020, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective April 1, 2020, the combined total of the wage and S.I.S. rates shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective January 1, 2021, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Wages shall be paid on or before the end of the employee’s workday each Friday, in-
cluding all wages due up to and including the previous Friday.
Contractors may pay the wages required by this Article by means of direct electronic
deposit of funds to accounts maintained by the employees covered by this Agreement.
Employers who utilize direct deposit for their employees will make deposits to the em-
ployee accounts on the standard designated payday. Appropriate documentation shall be
transmitted to the employee at the same time showing the Employee’s name and address,
pay period covered, regular and overtime wages, and all deductions, and also the amount
of contributions made on behalf of the employee to the various fringe benefit funds. Em-
ployees who elect not to receive pay by direct deposit will receive this information by check
stub accompanying their pay check.
When an employee is laid off, he shall be provided with a layoff slip and paid in full at
the time his services are thus discontinued.
The pay period for any Sprinkler Fitter or Apprentice who quits shall be his regular pay
period.
14
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
An Employer may “discharge” an employee for just cause only, and the employee
shall be given written notice within two (2) days of the reason therefore.
An employee who doesn’t receive his pay check at the time set forth in this Article shall
be entitled to eight (8) hours pay.
It is further understood that the employee then has the responsibility to notify the Em-
ployer concerning the late pay check and subsequent to notification, the employee shall be
entitled to eight (8) hours pay for each twenty-four (24) hour period until he receives his pay
check.
An employee who notifies both his Employer and the Union in writing that he wishes
his pay check to be mailed to his home address shall not be entitled to any penalty pay-
ments for late checks due to the post office services, provided the check was mailed in suf-
ficient time to arrive within the time limits of this Article.
Any employee injured on the job to the extent of requiring a doctor’s care, and which
injury the doctor determines prevents the employee from returning to work, shall be paid a
full days wage for the day of the injury.
ARTICLE 7A
Residential work is made a part of this Agreement. All work in connection with the in-
stallation and maintenance of fire protection systems for residences shall continue to be cov-
ered by Article 18 of this Agreement. All articles, terms, and conditions of this Agreement
shall be applicable to “residential fire protection work,” as defined below, unless specifically
amended herein. This Agreement shall be applicable in all the states within the territorial ju-
risdiction of the Union.
“Residential fire protection work” is defined to mean any work covered by Article 18
of this agreement on:
2. All multiple family dwelling units which are permitted to have a single exterior up to
and including four stories;
15
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
3. Townhouses with units stacked vertically up to and including four stories; and
4. Group residential care facilities and protective care homes (sheltered housing), not
to include nursing homes or ambulatory care facilities.
Exemptions:
1. The following states shall be allowed a 1:3 ratio of Building Trades Journey-
man/Apprentice (to be paid at building trades rates) to Metal Tradesmen/Helpers
for hotels/motels up to and including five (5) stories. The first sprinkler fitter on the job
shall be a Building Trades Foreman and shall be the last sprinkler fitter on the project.
1. The following special conditions are provided for bolded underlined
states defining counties within the state.
Nevada: the entire state except the counties of Clark, Carson City,
Churchill, Douglas, Humboldt, Lyon, Pershing, Storey and Washoe.
2. The following states shall be allowed a 1:3 ratio of Building Trades
Journeyman/Apprentice (to be paid at building trades rates) to Metal
Tradesmen/Helpers for residential care facilities, protective care homes
(sheltered housing), nursing homes or ambulatory care facilities up to and
including five (5) stories:
16
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The first sprinkler fitter on the job shall be a Building Trades Foreman and
shall be the last sprinkler fitter on the project.
The Residential Tradesman and Residential Helper shall work on only residential jobs
as defined above and shall not be assigned to do any other work described in Article 18 of
this Agreement.
All residential fire protection work shall be performed by Building Trades Journeymen
or Apprentices represented by Local 669 or by Residential Tradesmen or Helpers repre-
sented by Local 669. The crew mix on residential fire protection projects shall consist of
one (1) Local 669 Building Trades Journeyman or one (1) Local 669 Residential Tradesman
to three (3) Local 669 Residential Helpers or three (3) Local 669 Building Trades Apprentices.
There shall be at least one (1) Local 669 Building Trades Journeyman or one (1) Local
669 Residential Tradesman on every job. It is agreed that Affirmative Action in hiring prac-
tices will be utilized.
It is understood and agreed that adoption of the foregoing Residential wage structure
effective on or after April 1, 2016, shall not result in a decrease in the wage rate of any Res-
idential Tradesmen or Helpers employed under this Agreement on April 1, 2016. This shall
not be construed to prevent a decrease in wages due to increased Metal Trades Health and
Welfare, Pension and SIS Pension contributions in such amounts as may be determined by
the Trustees of said Funds.
All residential overtime worked shall be at the rate of time and a half.
Effective April 1, 2016, the Employer shall contribute to the NASI Metal Trades Health
and Welfare Fund Four Dollars and Twenty-Five Cents ($4.25) per hour for each hour worked
by the Residential Tradesman or Helper.
Effective January 1, 2016, the Employer shall contribute to the NASI Metal Trades
Pension Fund Sixty-Five Cents ($0.65) per hour for each hour worked by the Residential
Tradesman or Helper.
Benefits will be paid on Building Trades Journeymen and Apprentices, per this col-
lective bargaining agreement.
17
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
All procedures required for fabrication of non-ferrous materials shall be performed by
Building Trades Journeymen and Apprentices or Residential Tradesmen and Helpers on the
jobsite.
Each contractor shall pay to the NASI-Local 669 Industry Education Fund Ten Cents
($0.10) per hour for all hours worked under the Local 669 Residential Work provisions of
this Article 7A. Contractors may make the payments required by this Article by the elec-
tronic transfer of funds.
Under this agreement, it is agreed that a Sprinkler Industry Supplemental (S.I.S.) De-
fined Contribution Fund contribution shall be established for Residential Tradesmen and
Helpers pursuant to the following terms.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2017, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Twenty-Five Cents ($0.25)
per hour in addition to their wages.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2018, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Thirty-Five Cents ($0.35)
per hour in addition to their wages.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2019, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Fifty Cents ($0.50) per hour
in addition to their wages.
ARTICLE 8
EXTRA CONTRACT AGREEMENTS: The Employer and the Union agree not to
enter into any Agreement or contract with members of the bargaining unit individually or col-
lectively, which in any way conflicts with the terms and provisions of this Agreement.
ARTICLE 9
JOB FOREMEN: The selection and appointment of Foremen and General Foremen
shall be made by the Employer from the employees in the Local Union 669 bargaining unit
and is the responsibility of the Employer in keeping with this Agreement.
The rate of wage for the General Foreman shall be Five Dollars ($5.00) per hour
above the Journeyman’s rate, effective April 1, 2016. All overtime for General Foremen shall
be at the rate of time and a half of the General Foreman’s rate of pay, including the General
Foreman premium rate except for Sundays and Holidays. Overtime for General Foremen
18
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
on Sundays and Holidays shall be at two times the General Foreman’s rate of pay, includ-
ing the General Foreman premium rate.
The rate of wage for Foremen shall be Two Dollars and Seventy-Five Cents ($2.75)
per hour above the Journeyman’s rate, effective April 1, 2016. All overtime for Foremen
shall be at the rate of time and a half the Foreman’s rate of pay, including the Foreman pre-
mium rate except for Sundays and Holidays. Overtime for Foremen on Sundays and Holi-
days shall be at two times the Foreman’s rate of pay, including the Foreman premium rate.
There shall be a Foreman on each job and a General Foreman on each job with
twenty-two (22) or more employees and the Employer may select from his Journeyman em-
ployees whomever he wishes to be Foreman and General Foreman from the Local Union
669 bargaining unit.
ARTICLE 10
INSPECTION PRIVILEGES: Authorized Agents of the Union shall have access to the
Employer’s job site unless prohibited by the authority having jurisdiction for job site security,
during working hours for the purpose of adjusting disputes, investigating working conditions,
and ascertaining that the Agreement is being adhered to, provided, however, that there is no
interruption of the firm’s working schedule. Upon request, the Employer agrees to make all
reasonable efforts to secure access to the job site for authorized union agents from the au-
thority having jurisdiction for job site security.
ARTICLE 11
TRAVEL EXPENSES:
(A) Effective April 1, 2016, when an employee is required to travel to a job within sixty (60)
miles of his residence, he shall be paid no expenses of any kind.
(B) When an employee is required to travel to a job beyond sixty (60) miles up to and in-
cluding eighty (80) miles from his residence, he shall be paid Seventeen Dollars and Fifty
Cents ($17.50) per day, effective April 1, 2016. Effective January 1, 2017 such employee
shall be paid Nineteen Dollars ($19.00) per day.
(C) When an employee is required to travel to a job beyond eighty (80) miles up to and
including one hundred (100) miles from his residence, he shall be paid Twenty-Seven Dol-
lars and Fifty Cents ($27.50) per day, effective April 1, 2016. Effective January 1, 2017,
such employee shall be paid Twenty-Nine Dollars ($29.00) per day.
(D) When an employee is required to travel to a job in excess of one hundred (100) miles
from his residence, he shall receive subsistence for each day worked in the amount of Eighty
Dollars ($80.00) per day, effective April 1, 2016. Effective January 1, 2017, such employee
shall be paid Ninety Dollars ($90.00) per day. Effective January 1, 2018, such employee shall
19
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
be paid One Hundred Dollars ($100.00) per day. Effective January 1, 2019, such employee
shall be paid One Hundred Five Dollars ($105.00) per day.
(E) When an employee is required to travel to a job in excess of one hundred (100) miles
from his residence, he shall be paid at the rate of Fifty-Four Cents ($0.54) a mile in going to
the job for the first time, together with travel time at the rate of one-quarter (1/4) hour travel
time for each fifteen (15) miles traveled, not to exceed eight (8) hours per day in any twenty-
four (24) hour period, effective April 1, 2016.
Whenever the employee’s job in excess of one hundred (100) miles is completed or
the employee is transferred by his Employer to another job, the employee shall be paid at
the rate of Fifty-Four Cents ($0.54) a mile to the point at which the employee entered the Em-
ployer’s service or the next contract, together with travel time at the rate of one-quarter (1/4)
hour for each fifteen (15) miles traveled, not to exceed eight (8) hours per day in any twenty-
four (24) hour period, effective April 1, 2016.
(F) 1. The parties to this Agreement, may, by mutual written agreement, designate
area(s) as “fully employed”. The Employer may thereafter, at its option, request that the
Union refer unemployed Journeymen or Apprentices who reside outside the designated area.
The Union will, at the Employer’s request, refer unemployed Journeymen and Apprentices
from an unemployment list maintained for this purpose, to the extent available and within five
(5) working days of its receipt of the Employer’s request.
2. Journeymen and Apprentices residing outside the designated area where the job-
site is located will be referred from the nearest Local 669 District and according to the length
of time on the unemployment list, referred to above, pursuant to the Union’s nondiscrimina-
tory referral procedures established for this purpose.
5. For travel from job to job within the “fully employed” area when the employee is re-
quired to travel more than forty (40) miles, he shall be paid Fifty-Four Cents ($0.54) per mile
effective April 1, 2016 between jobs and also travel time at the rate of one-quarter (1/4) hour
for each fifteen (15) miles traveled, not to exceed eight (8) hours pay in any twenty-four (24)
hour period. Mileage shall be computed between jobs within the “fully employed” area rather
than from the employee’s residence.
20
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(G) When an Employer provides suitable transportation for the employees, the Employer
shall not be required to make any payment for travel expenses under this Article, except,
however, he shall be required to pay travel time and subsistence in accordance with this Ar-
ticle. No subsistence shall be paid when the Employer furnishes daily transportation and the
employee chooses to travel back and forth from his home. “Suitable transportation” means
vehicles in conformity with Federal Motor Vehicle Safety Standards & Regulations.
(H) If the employee leaves his work before it is completed and without the consent of the
Employer, traveling shall be at the employee’s own time and expense.
(I) Residence shall be solely determined by the employee and the employee shall file this
in writing with the Employer and the Union.
(J) Travel for Alaska: The following travel expenses shall be allowed from the lower forty-
eight (48) states to Alaska:
The employee shall be paid Fifty-Nine Cents ($0.59) per mile effective April 1, 2016
and travel time at the rate of one-quarter (1/4) hour for each fifteen (15) miles, not to exceed
eight (8) hours per day in any twenty-four (24) hour period from his residence to the airport
of embarkation as selected by the Employer.
For travel in the state of Alaska, the employee shall be paid Fifty-Nine Cents ($0.59)
per mile and travel time at the rate of one-quarter (1/4) hour for each fifteen (15) miles, not
to exceed eight (8) hours per day in any twenty-four (24) hour period from his residence to
the airport of embarkation as selected by the Employer.
In addition, all air travel for the employee shall be coach airfare from the airport of em-
barkation to the job in Alaska, together with four (4) hours of travel time if the time of travel
is less than four (4) hours, and eight (8) hours of travel time if the time of travel is four (4)
hours or more.
At the option of the Employer, subsistence shall be One Hundred Twenty Dollars
($120.00) per day effective April 1, 2016, five (5) days a week, or days worked, whichever
is greater, or suitable room and board [two (2) men to a standard double room with two beds].
This paragraph shall apply to Alaska only and to those situations where employees are sent
to Alaska from the lower forty-eight states (mainland) and where employees who are resi-
dents of Alaska are required to travel to a job in excess of one hundred (100) miles from his
residence.
When an employee is required to travel more than one hundred (100) miles, but less
than two hundred and fifty (250) miles from his residence, and is required to work six (6)
days in a standard work week, the employee shall be paid seven (7) days subsistence.
When an employee is required to travel two hundred and fifty (250) or more miles
from his residence, seven (7) days subsistence shall be paid.
21
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
If the employee is discharged for good cause or quits before completion of the work
project, his subsistence allowance for meals and lodging shall cease. If the employee does
not stay on the work project until the work project is completed, he shall pay his own return
transportation.
When the employee arrives at the Alaska airport, ground transportation to the job or
the cost thereof shall be furnished by the Employer, plus one-quarter (1/4) hour of pay for
each fifteen (15) miles traveled.
When an Employer provides suitable transportation for the employees, the Employer
shall not be required to make any payment for travel expenses under this Section J, except,
however, he shall be required to pay travel time and subsistence in accordance with this
Section J. No subsistence shall be paid when the Employer furnishes daily transportation,
and the employee chooses to travel back and forth from his home.
When the employee returns from Alaska, he shall be paid expenses on the same
basis as set forth herein for his travel to Alaska.
(K) For the purpose of contributions to all Funds set forth in this Agreement, travel hours
paid for shall be considered hours worked.
(L) All travel hours outside of the regular established working hours shall be at time and
one half (except for Sundays and Holidays which shall be at double time) in accordance with
Sections (E), (H), and (K).
(N) For the purpose of this Article, all miles traveled by an employee shall be determined
by reference to maps.google.com. Where the actual point of residence or job is not desig-
nated, miles traveled shall be the mileage between the points closest to the actual point of
residence or job which are designated in maps.google.com.
(O) Subsistence, in accordance with Paragraphs (D) & (K) above, shall be paid if an em-
ployee is prohibited from working because of weather conditions.
(P) An employee shall receive fifty percent (50%) of the travel payment set forth in Para-
graphs (B) and (C) of this Article, if applicable, when the employee is entitled to a payment
as provided in Article 12, Paragraph (D).
ARTICLE 12
(A) HOURS OF WORK: The standard work day and week shall be eight (8) consecutive
22
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
hours of work between the hours of 6:00 a.m. and 6:00 p.m., excluding the lunch pe-
riod Monday through Friday or shall conform to the practice on the job site. With prior
written notice to the Union, four (4) days at ten (10) hours a day may be worked at
straight time in states where it is legal Monday through Friday and need not be con-
secutive. Any hours worked outside of the standard work day and week as defined
above shall be considered overtime hours, unless otherwise specifically agreed to by
the Union.
(B) SHIFTS: Shift work may be performed at the option of the Employer; however, when
shift work is performed it shall be on the same job site, and it must continue for a pe-
riod of five (5) consecutive work days. Eight (8) hours of work constitutes a shift. The
hourly rate for men on the second and/or third shifts shall be fifteen percent (15%)
above the basic hourly rate. There shall be a minimum of two (2) men on each shift.
It shall not be required to work a day shift in order to work a second and/or third shift
in accordance with this paragraph.
(C) OVERTIME: All overtime, except for Sundays and Holidays, shall be at the rate of
time and a half. Overtime worked on Sundays and Holidays shall be at double time.
The following days shall be considered Holidays:
New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas
Day. The employee may take off Friday following Thanksgiving Day. However, the
employee shall notify his Foreman, General Foreman or Superintendent on the
Wednesday preceding Thanksgiving Day.
When one of the above holidays falls on Sunday, the following Monday shall be con-
sidered a holiday and all work performed on either day shall be at the double time rate.
When one of the above holidays fall on Saturday, the preceding Friday shall be con-
sidered a holiday and all work performed on either day shall be at the double time rate.
Should any Federal or State law be enacted which would change the day on which
these holidays are now celebrated, the newly established day shall be considered
the holiday.
(D) It is also agreed that any employee after being hired or reporting for work at the reg-
ular time for whom no work is provided shall receive four (4) hours pay at the pre-
vailing rate of wage unless he has been notified before leaving home not to report. It
is also agreed that any employee after working in the morning and having started
work after the lunch period, shall receive four (4) hours pay at the prevailing rate of
wage for the afternoon. An exception shall be made when weather or strike conditions
make it impossible to put such an employee to work, or any such stoppage of work
is occasioned thereby, or any employee leaves his work of his own accord.
(E) TIME OFF FOR UNION ACTIVITIES: The Employer agrees to grant the necessary
time off, without discrimination and without pay, to any employee designated by the
23
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Union to attend a labor convention or serve in any capacity on other official Union
business, provided seventy-two (72) hours written notice is given to the Employer by
the Union specifying length of time off. The Union agrees that, in making its request
for time off for Union activities, due consideration shall be given to the number of men
affected in order that there shall be no disruption of the Employer’s operation due to
lack of available employees.
(F) OFF HOURS: On all buildings that are occupied and the hours are not under the
control of the contractor, and the hours do not fall into the category of the regular work
day, the contractor may bid the “Off Hours” at straight time plus fifteen percent (15%).
This paragraph shall not apply to new construction or emergency work.
It is understood that prior to the initiation of the “Off Hours” provision, the owner of
such building (or owner’s representative) shall provide a written confirmation as to
the owner’s necessity that work in the above paragraph be done during the “Off Hours”
period. The Union will be given five (5) days to verify the conditions.
ARTICLE 13
There shall be no restriction as to the use of machinery and tools, except as required
by Article 26.
There shall be no limitation as to the method or manner in which work shall be done,
except as required by Article 26.
There shall be no restriction as to the use of material, except as required by Article 26.
ARTICLE 14
MATERIALS AND EQUIPMENT AND FABRICATION: The Union shall accept all
materials and equipment as delivered by or for the Employer and the unloading, handling,
24
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
stockpiling, and installing of such material and equipment shall be performed by employees
covered by this Collective Bargaining Agreement.
The assembling and fabrication of welded pipe formations, when performed on the job
site, shall be done by Journeymen and/or Apprentices receiving the rates in this Agreement.
The welding provisions also apply to CO-2 and fire extinguisher systems.
Where Journeymen or Apprentices are required to take welding tests for certification
they shall, before starting the test, be placed on the payroll of the Employer, and shall be paid
in accordance with the wage schedule and travel article contained in this Agreement. All
tools and safety equipment required for the test shall be furnished by the Employer.
All brazing and soldering of copper pipe done in the Sprinkler Industry shall be fabri-
cated and assembled by Journeymen and/or Apprentices on the job site.
MAKING ON FITTINGS: It is understood and agreed that the Employer shall have
the right to make-on only three (3) screwed fittings on threaded pipe, permanently tight in the
factory for shipment to any job within the territory of the Local Union and that the employees
covered by this Agreement shall install this material without objection or interruption. The
foregoing shall, however, not apply to spool pieces, feed main nipples and risers, and pipe
fittings that must be hot dipped.
The preparation of pipe for mechanical fittings and the attachment of three (3) me-
chanical fittings to one (1) piece of pipe may be performed in the factory. The attachment of
additional mechanical fittings to said pipe shall be performed in the field by employees cov-
ered by this Collective Bargaining Agreement.
ARTICLE 15
Small Tools: The Employer will provide to the employee their initial set of tools. After
the contractor’s initial purchase, the replacement of the following tools shall be the respon-
sibility of the employee:
Small tools will be provided by the employer and should be in good working condition,
not necessarily new, with a lifetime guarantee. The standard is American made and lifetime
guarantee except pipe wrenches which shall be “Ridgid”. This standard shall be effective as
of May 1, 2013, except the requirement for “Ridgid” pipe wrenches which shall be effective
at all times.
Employees will be required to sign a “Tool Sign-Off Sheet” indicating the employee
has received the small tools, and understands this article. A copy of this sheet will be kept
by the employee and the Employer and a copy will be forwarded to the local business agent
for their records.
Employees are authorized to transport the tools listed above in a five (5) gallon bucket
or a regular sized hand held toolbox from one (1) jobsite to another. Tools should be kept in
the employees’ possession. If an employee reports to work without the above list of small
tools, the employee can be denied work with no show up pay.
All expendable parts of tools shall be replaced at the contractor’s expense, i.e. hack
saw blades, knife blades, jaws, heels, batteries, etc.
All tools shall have employees’ initials engraved or stamped on the tools for identifi-
cation.
It is mutually agreed that the contractors shall supply the tools specified above by
May 1, 2013 or within thirty (30) days of the employee’s hire whichever applies. Probation-
ary apprentices who are cancelled from the JATC shall return the tools in serviceable con-
dition to the Employer.
In those cases where the small tools as described above are stored in a gang box,
job box or company trailer or vehicle in the custody of the contractor and theft occurs, the
employee shall not be held responsible and said tools shall be replaced by the company.
26
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Any and all Personal Protection Equipment (PPE) shall be supplied by the company.
Where an employee is required to travel by air or train to the jobsite, the Employer
shall pay for the cost of the transport or shipment of tools.
Except for the small tools listed in this Article, employees shall be allowed to carry
tools, materials and equipment only in company owned vehicles.
It is understood and agreed that the Employer may adopt and enforce reasonable
written rules with respect to the retention and care of tools, so long as a copy of said rules
is provided to the Union and said rules are enforced on a nondiscriminatory basis. As part
of these rules, the Employer may require that all tools, which are lost or unaccounted for,
must be replaced by the employee. The employee shall abide by reasonable Employer rules
providing for the care of such tools and equipment.
ARTICLE 16
APPRENTICES: The parties mutually agree that an Apprentice system has been es-
tablished and that the wages, hours and working conditions of Apprentices shall be as cov-
ered by the Joint Apprentice Standards, which are incorporated by reference herein.
Changes in the Apprenticeship Standards can only be made by mutual agreement of the
parties to this Agreement. Such modification shall be submitted to the Office of Apprentice
Training, Employer and Labor Services of the U.S. Department of Labor, for approval. Ap-
prentices employed before such modification shall not be affected without their consent. It
is expressly understood and agreed that the Employer shall not lay off a Journeyman or Ap-
prentice in order to hire a new Apprentice. There shall be no restrictions on the hiring of Ap-
prentices, other than the ratios as outlined below.
When the Employer gives favorable consideration to Apprentices referred from the
Union, or if the Union is unable to refer qualified Apprentices within seventy-two (72) hours,
the restrictions below will not apply.
In any event, the Employer shall not employ more than one (1) Apprentice per each
Journeyman, establishing a 1:1 ratio of Apprentices to Journeyman.
At the expiration of thirty (30) days, the Employer may hire three (3) new Apprentices
in that District regardless of unemployment and, thereafter, if the eight percent (8%)/ten (10)
Journeymen/Apprentices unemployment continues, the Employer shall hire one (1) unem-
ployed Journeyman or Apprentice from the Union’s national unemployment list for every new
Apprentice hired during that time frame.
27
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
At the expiration of thirty (30) days, the Employer may make a second request for
Apprentices and, if the eight percent (8%)/ten (10) Journeymen/Apprentice unemployment
continues, the Employer may, after the expiration of the thirty (30) day period, hire three (3)
new Apprentices in that District regardless of unemployment and, thereafter, if such unem-
ployment continues, the Employer shall hire one (1) unemployed Journeyman or Apprentice
from the Union’s national unemployment list for each new Apprentice hired during that time
frame.
Under these requirements, the Employer may hire a maximum of six (6) Apprentices
in any calendar year in any District where the eight percent (8%)/ ten (10) Journeyman/Ap-
prentice unemployment continues to exist.
Within fifteen (15) calendar days of the hiring of a new Apprentice, any lay off by the
Employer within one hundred (100) miles of that Apprentice’s home address shall include the
new Apprentice.
If the newly employed Apprentice is terminated by the Employer for “just cause” or
quits, the Employer shall have the right to replace that Apprentice. The “just cause” re-
quirement shall not apply to probationary Apprentices.
Newly indentured Apprentices shall be issued a temporary ID before they report for
work. The temporary ID shall be e-mailed or faxed to the hiring contractor’s office within
twenty-four (24) hours of approval of the JATC office. This temporary ID will be valid up to
one hundred twenty (120) days from date of hire. Such temporary ID shall be sent by fax,
e-mail or other such rapid means to the Contractor’s office as to permit immediate placement
on the payroll.
All Apprentices shall be paid a progressively increasing rate of wage based upon the
applicable percentage schedules in effect.
It is understood and agreed that adoption of the foregoing Apprentice wage structure
shall not result in a decrease in the wage rate of any existing Apprentice.
Effective upon ratification of this agreement, through December 31, 2016, NASI
28
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Health and Welfare contributions shall be made on behalf of Class 1 and 2 Apprentices at
Seven Dollars and Forty-Five Cents ($7.45) per hour for Level 2 coverage. This amount
shall include Seven Dollars and Eight Cents ($7.08) for Level 2 NASI Health and Welfare
benefits and Thirty-Seven Cents ($0.37) per hour for RESA.
Effective January 1, 2017, NASI Health and Welfare contributions for Level 2 cover-
age shall be Seven Dollars and Sixty Cents ($7.60) per hour. This amount shall include
Seven Dollars and Eight Cents ($7.08) per hour for Level 2 coverage and Fifty-Two Cents
($0.52) per hour for RESA.
Effective January 1, 2018 and through the remainder of this agreement, NASI Health
and Welfare contributions for Level 2 coverage shall be Seven Dollars and Seventy-Five
Cents ($7.75) per hour. This amount shall include Seven Dollars and Eight Cents ($7.08)
per hour and Sixty-Seven Cents ($0.67) per hour for RESA.
Effective April 1, 2016, NASI Health and Welfare contributions will be made as re-
quired in Article 19 for Class 3 through 10 Apprentices.
Education and Industry Promotion Fund contributions shall be made on behalf of Ap-
prentices as required by Articles 21 and 22 of this Agreement.
Effective April 1, 2016, NASI Pension Fund contributions will be made for all hours
worked by all Apprentices except for Class 1 and 2 Apprentices.
For Apprentices indentured on or after April 1, 2010 and prior to April 1, 2013, S.I.S.
Fund contributions shall be required for all hours worked by Class 1 through 10 at the rate
per the JATC S.I.S. chart in addition to their wages.
Effective April 1, 2016, there shall be no S.I.S. Fund contributions required for Class
1 and 2 Apprentices. For Apprentices Class 3 and 4 the S.I.S. rate shall be Twenty-Five
Cents ($0.25) per hour in addition to their wages. Class 5 through 10 Apprentices, where
the Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contri-
bution shall be Twenty-Five Cents ($0.25) per hour worked in addition to wages. Class 5
through 10 Apprentices, where the Journeyman S.I.S. contribution is greater than Two Dol-
lars ($2.00) per hour, the S.I.S. contribution shall be Fifty Cents ($0.50) per hour worked in
addition to wages.
Effective April 1, 2017, for Apprentices Class 3 and 4 the S.I.S. rate shall be Forty
Cents ($0.40) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Forty Cents ($0.40) per hour worked in addition to wages. Class 5 through 10
Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00) per
29
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
hour, the S.I.S. contribution shall be Sixty-Five Cents ($0.65) per hour worked in addition to
wages.
Effective April 1, 2018, for Apprentices Class 3 and 4 the S.I.S. rate shall be Sixty-Five
Cents ($0.65) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Sixty-Five Cents ($0.65) per hour worked in addition to wages. Class 5 through
10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00)
per hour, the S.I.S. contribution shall be Ninety Cents ($0.90) per hour worked in addition to
wages.
Each Employer shall report semi-annually on January 1 and July 1 to the Joint Ap-
prenticeship and Training Committee the number of Journeymen and Apprentices working
for them.
ARTICLE 17
When an employee is sent into the territory of another Sprinkler Local, he shall receive
his pay, expenses and travel time under the 669 Agreement until he actually enters the ju-
risdiction of the other Local and starts work.
For the purpose of travel pay, the rate of the state of the employee’s residence shall
prevail.
ARTICLE 18
JURISDICTION OF WORK: The work of the Sprinkler Fitter and/or Apprentice shall
consist of the installation, dismantling, maintenance, repairs, adjustments, and corrections
of all fire protection and fire control systems including the unloading, handling by hand, power
equipment and installation of all piping or tubing, appurtenances and equipment pertaining
thereto, including both overhead and underground water mains, fire hydrants and hydrant
mains, standpipes, and hose connections to sprinkler systems, sprinkler tank heaters, air
lines and thermal systems used in connection with sprinkler and alarm systems, also all
tanks and pumps connected thereto. Also included shall be CO2 and Cardox Systems, Dry
Chemical Systems, Foam Systems and all other fire protection systems, but excluding steam
fire protection systems.
30
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Work of the nature described above that is generated by the inspection or testing of
a fire protection system, but not the inspection or testing itself, is covered by this Agreement.
All applicable points of the 50 Articles of Jurisdiction of the United Association shall
be included (see Addendum A to this Agreement). But the Articles of Jurisdiction do not ex-
pand the Employer or the Union’s rights under this Article.
ARTICLE 19
There has been created a Board of Trustees of ten (10) members, five (5) appointed
by the National Fire Sprinkler Association, Inc., and five (5) Union Trustees, three (3) ap-
pointed in accordance with Local Union 669’s Constitution and By-Laws and two (2) ap-
pointed in accordance with the National Automatic Sprinkler Industry Welfare Fund Trust
Agreement.
The Board of Trustees shall administer the existing Agreement and Declaration of
Trust in accordance with Federal, State and Local laws and shall continue to take all nec-
essary steps to carry out the legal operation of this Welfare Fund.
Effective April 1, 2016, each contractor shall pay to the Fund Eight Dollars and Sev-
enty-Seven Cents ($8.77) per hour for all hours worked by all employees who come under
the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this
Agreement. This amount shall include Eight Dollars and Seven Cents ($8.07) for Level 1
NASI Health and Welfare Benefits and Seventy Cents ($0.70) per hour for RESA.
Effective January 1, 2017, each contractor shall pay to the Fund Nine Dollars and
Seventeen Cents ($9.17) per hour for all hours worked by all employees who come under
the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this
Agreement. This amount shall include Eight Dollars and Thirty-Two Cents ($8.32) for Level
1 NASI Health and Welfare Benefits and Eighty-Five Cents ($0.85) per hour for RESA.
Effective January 1, 2018, each contractor shall pay to the Fund Nine Dollars and
Sixty-Seven Cents ($9.67) per hour for all hours worked by all employees who come under
the jurisdiction of this Collective Bargaining Agreement unless otherwise provided for in this
Agreement. This amount shall include Eight Dollars and Sixty-Seven Cents ($8.67) for Level
1 NASI Health and Welfare Benefits and One Dollar ($1.00) per hour for RESA.
31
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Effective January 1, 2019, each contractor shall pay to the Fund an additional Thirty-
Five Cents ($0.35) per hour for all hours worked by all employees who come under the ju-
risdiction of this Collective Bargaining Agreement unless otherwise provided for in this
Agreement.
Effective January 1, 2020, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective January 1, 2021, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Contractors may make the payments required by this Article by the electronic trans-
fer of funds.
The Trustees of the National Automatic Sprinkler Industry Welfare Fund are author-
ized to enter into reciprocal agreements with Trustees of other welfare funds providing for the
transfer of contributions between funds so that employees temporarily working outside their
home funds’ jurisdiction will not lose credit or eligibility for benefits in their home funds. The
Trustees shall determine the terms of such reciprocal agreements, the manner of crediting
reciprocal contributions and all questions of eligibility based on hours worked under recip-
rocal agreements.
ARTICLE 20
There has been created a Board of Trustees of ten (10) members, five (5) appointed
by the National Fire Sprinkler Association, Inc., and five (5) Union Trustees, three (3) ap-
pointed in accordance with Local Union 669’s Constitution and By-Laws and two (2) ap-
pointed in accordance with the National Automatic Sprinkler Industry Pension Fund Trust
Agreement.
The Board of Trustees shall administer the existing Agreement and Declaration of
Trust in accordance with Federal, State and Local laws and shall continue to take all nec-
essary steps to carry out the legal operation of this Pension Fund.
Effective April 1, 2016, each contractor shall pay to the Fund Six Dollars and
Five Cents ($6.05) per hour for all hours worked by the employees who come under the ju-
risdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agree-
ment.
32
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Effective January 1, 2017 the contribution to the National Automatic Sprinkler Indus-
try Pension Fund will increase by Fifteen Cents ($0.15) to Six Dollars and Twenty Cents
($6.20) per hour.
Effective January 1, 2018, each contractor shall pay to the Fund Six Dollars and
Forty Cents ($6.40) per hour for all hours worked by the employees who come under the ju-
risdiction of this Collective Bargaining Agreement unless otherwise provided for in this Agree-
ment.
Effective January 1, 2019, each contractor shall pay to the Fund Six Dollars and Sixty
Cents ($6.60) per hour for all hours worked by the employees who come under the jurisdic-
tion of this Collective Bargaining Agreement unless otherwise provided for in this Agreement.
Effective January 1, 2020, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective January 1, 2021, the combined total of the hourly contribution rates for the
NASI Health and Welfare, RESA, and the NASI Pension and Education Funds shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Contractors may make the payments required by this Article by the electronic trans-
fer of funds.
The Trustees of the National Automatic Sprinkler Industry Pension Fund are author-
ized to enter into reciprocal agreements with Trustees of other pension funds providing for
the transfer of contributions between funds so that employees temporarily working outside
their home funds’ jurisdiction will not lose credit or eligibility for benefits in their home funds.
The Trustees shall determine the terms of such reciprocal agreements, the manner of cred-
iting reciprocal contributions and all questions of eligibility based on hours worked under re-
ciprocal agreements.
ARTICLE 21
An Educational Trust Fund has been established. There has been created a Board
of Trustees consisting of six (6) members; three (3) appointed by the National Fire Sprinkler
Association, Inc., and three (3) Union Trustees appointed in accordance with the Constitu-
tion and By-Laws of Local Union 669.
The duty of this Board of Trustees shall be to administer the existing Agreement and
33
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Declaration of Trust in accordance with Federal, State and Local laws and to take all nec-
essary steps to carry out the legal operation of the above agreed Educational Fund.
Effective April 1, 2016, each contractor shall pay to the Fund Thirty-Five Cents ($0.35)
per hour for all hours worked by all Journeymen and Apprentices whose wages are covered
by this Collective Bargaining Agreement. Contractors may make the payments required by
this Article by the electronic transfer of funds.
Effective April 1, 2017, each contractor shall pay to the Fund Thirty-Seven Cents
($0.37) per hour for all hours worked by all Journeymen and Apprentices whose wages are
covered by this Collective Bargaining Agreement. Contractors may make the payments re-
quired by this Article by the electronic transfer of funds.
Effective April 1, 2018, each contractor shall pay to the Fund Forty-Two Cents ($0.42)
per hour for all hours worked by all Journeymen and Apprentices whose wages are covered
by this Collective Bargaining Agreement. Contractors may make the payments required by
this Article by the electronic transfer of funds.
Residential: Effective April 1, 2016, each contractor shall pay to the Fund Ten Cents
($0.10) per hour for all hours worked under the Local 669 Residential Work provisions of Ar-
ticle 7A of this Collective Bargaining Agreement. Contractors may make the payments re-
quired by this Article by the electronic transfer of funds.
United Association International Training Fund: In order to carry out the func-
tions of the International Training Fund, each contractor who is party to this Agreement shall
forward to the NASI Fund Office Ten Cents ($0.10) per hour for all hours worked by all Jour-
neymen and Apprentices whose wages are covered by this Collective Bargaining Agree-
ment, effective April 1, 2016. NASI will forward these contributions to the United Association
International Training Fund.
ARTICLE 22
ADDITIONAL FUNDS
For the purpose of the support, maintenance and administration of the Fund, each
contractor who is a party to this Agreement and performing work within the following states
shall contribute to the Fund for all work performed by Journeymen and Class 5 through 10
Apprentices who were indentured prior to April 1, 2010 within those states in the following
amounts:
34
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Effective Dates
4/1/2016 4/1/2017 4/1/2018
Alabama $0.50 $0.65 $0.90
Alaska $7.30 $7.45 $7.70
Arizona $4.20 $4.35 $4.60
Arkansas $1.95 $2.10 $2.35
California (1) $4.98 $5.13 $5.38
California (2) $5.00 $5.15 $5.40
California (3) $5.01 $5.16 $5.41
California (4) $4.29 $4.44 $4.69
Colorado $4.23 $4.38 $4.63
Connecticut $5.50 $5.65 $5.90
Delaware $5.70 $5.85 $6.10
District of Columbia $3.25 $3.40 $3.65
Georgia $1.50 $1.65 $1.90
Idaho $4.37 $4.52 $4.77
Illinois $3.00 $3.15 $3.40
Indiana $3.26 $3.41 $3.66
Iowa $3.25 $3.40 $3.65
Kansas $2.63 $2.78 $3.03
Kentucky $2.75 $2.90 $3.15
Louisiana $0.50 $0.65 $0.90
Maine $3.91 $4.06 $4.31
Maryland $3.25 $3.40 $3.65
Massachusetts $6.08 $6.23 $6.48
Michigan $2.75 $2.90 $3.15
Minnesota $2.50 $2.65 $2.90
Mississippi $1.18 $1.33 $1.58
Missouri $4.18 $4.33 $4.58
Montana $3.25 $3.40 $3.65
Nebraska $3.25 $3.40 $3.40
Nevada (1) $5.56 $5.71 $5.96
Nevada (2) $5.64 $5.79 $6.04
New Hampshire $3.81 $3.96 $4.21
New Jersey $7.09 $7.24 $7.49
New Mexico $3.20 $3.35 $3.60
New York (1) $6.15 $6.30 $6.55
New York (2) $6.43 $6.58 $6.83
New York (3) $6.15 $6.30 $6.55
North Carolina $0.00 $0.00 $0.00
North Dakota $0.75 $0.90 $1.15
Ohio $4.72 $4.87 $5.12
Oklahoma $1.25 $1.40 $1.65
Oregon (District 1) $5.48 $5.63 $5.88
Oregon (District 21) $5.38 $5.53 $5.78
Pennsylvania $5.50 $5.65 $5.90
35
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Rhode Island $5.50 $5.65 $5.90
South Carolina $1.19 $1.34 $1.59
South Dakota $0.50 $0.65 $0.90
Tennessee $0.50 $0.65 $0.90
Texas $2.25 $2.40 $2.65
Utah $2.50 $2.65 $2.90
Vermont $3.30 $3.45 $3.70
Virginia (1) $1.88 $2.03 $2.28
Virginia (2) $3.25 $3.40 $3.65
Washington (District 1) $5.48 $5.63 $5.88
Washington (District 21) $5.38 $5.53 $5.78
West Virginia $4.00 $4.15 $4.40
Wisconsin $4.09 $4.24 $4.49
Wyoming $3.88 $4.03 $4.28
Counties
1) California (1)
Counties- Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San
Joaquin, San Luis Obispo, Santa Barbara, Santa Cruz, Stanislaus, Tulare, Tuolumne, and
portion of Kern County WEST of Highway 14.
2) California (2)
Counties- Alpine, Amador, Butte, Colusa, Del Norte, El Dorado, Glen, Humboldt, Lake,
Lassen, Mendocino, Modoc, Nevada, Placer, Plumas, Sacramento, Shasta, Sierra, Siskiyou,
Sutter, Tehama, Trinity, Yolo and Yuba.
3) California (3)
Counties- San Bernardino, Riverside, Orange, Imperial, Inyo, Los Angeles, Mono, Ventura,
and portion of Kern County EAST of Highway 14.
4) California (4)
Counties- San Diego County.
5) Nevada (1)
Excludes Nevada counties of Clark, Nye and Lincoln.
6) Nevada (2)
Includes Nevada counties of Clark, Nye and Lincoln.
36
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
8) New York (2)
Includes counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess and
Rockland.
Effective April 1, 2017, the hourly S.I.S. Fund contribution rate shall be increased by
Fifteen Cents ($0.15) per hour; and effective April 1, 2018, the hourly S.I.S. Fund contribu-
tion rate shall be increased by Twenty-Five Cents ($0.25) per hour.
For Apprentices indentured on or after April 1, 2013, there shall be no S.I.S. Fund
contributions required for Class 1 and 2 Apprentices.
Effective April 1, 2016, there shall be no S.I.S. Fund contributions required for Class
1 and 2 Apprentices. For Apprentices Class 3 and 4 the S.I.S. rate shall be Twenty-Five
Cents ($0.25) per hour in addition to their wages. Class 5 through 10 Apprentices, where
the Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contri-
bution shall be Twenty-Five Cents ($0.25) per hour worked in addition to wages. Class 5
through 10 Apprentices, where the Journeyman S.I.S. contribution is greater than Two Dol-
lars ($2.00) per hour, the S.I.S. contribution shall be Fifty Cents ($0.50) per hour worked in
addition to wages.
Effective April 1, 2017, for Apprentices Class 3 and 4 the S.I.S. rate shall be Forty
Cents ($0.40) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Forty Cents ($0.40) per hour worked in addition to wages. Class 5 through 10
Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00) per
hour, the S.I.S. contribution shall be Sixty-Five Cents ($0.65) per hour worked in addition to
wages.
Effective April 1, 2018, for Apprentices Class 3 and 4 the S.I.S. rate shall be Sixty-Five
Cents ($0.65) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Sixty-Five Cents ($0.65) per hour worked in addition to wages. Class 5 through
37
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00)
per hour, the S.I.S. contribution shall be Ninety Cents ($0.90) per hour worked in addition to
wages.
Effective April 1, 2019, the combined total of the wage and S.I.S. rates shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
Effective April 1, 2020, the combined total of the wage and S.I.S. rates shall be in-
creased by a total of three percent (3%). The Employers shall be given sixty (60) days prior
written notice of the allocation.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2017, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Twenty-Five Cents ($0.25)
per hour in addition to their wages.
For Residential Tradesmen and Helpers who have completed one (1) year proba-
tionary employment, who are employed as of January 1, 2018, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Thirty-Five Cents ($0.35)
per hour in addition to their wages.
For Residential Tradesmen and Helpers who have completed one (1) year probae-
tionary employment, who are employed as of January 1, 2019, and thereafter, S.I.S. Fund
contributions shall be required for all hours worked at the rate of Fifty Cents ($0.50) per hour
in addition to their wages.
Contractors may make the payments required by this Article by the electronic trans-
fer of funds.
The contractor shall not be responsible for any expense or cost beyond this hourly
contribution as set forth herein.
This Fund is created under an Agreement and Declaration of Trust by and between
National Fire Sprinkler Association, Inc., and Road Sprinkler Fitters Local Union No. 669
and Local Union No. 709, Los Angeles, California; Local Union No. 483, San Francisco, Cal-
ifornia; and Local Union No. 699, Seattle, Washington.
There shall be an equal number of Association and Union Trustees appointed by the
respective parties to this Agreement. It shall be a duty of the Trustees to administer the
Agreement and Declaration of Trust in accordance with Federal and State Laws and to take
all necessary steps to carry out the legal operation of the Fund.
38
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The Employers bound by this Agreement do hereby join in and subscribe to the Agree-
ment and Declaration of Trust of the Sprinkler Industry Supplemental Defined Contribution
Pension Fund and agree to be bound by any amendments thereto.
Effective the 1st day of April, 2016, the Employer shall pay to the National Fire Sprin-
kler Industry Promotion Fund a sum of money equal to Twenty-Five Cents ($0.25) per hour
for each hour worked by each employee subject to this Agreement.
It is agreed by the parties to this Agreement that the contributions covered by this Ar-
ticle shall not be used in any manner which would be adverse to the interests of Local Union
669. The Association agrees to meet periodically, at least once a year, to discuss the use
of these Funds.
It is further agreed that should any of the contributions be used in any manner which
is or are adverse to the interests of Local Union 669, then the Parties to the Agreement shall
meet within ten (10) days to resolve said issue.
The Employer agrees to become party to the Agreement and Declaration of Trust es-
tablishing the National Fire Sprinkler Industry Promotion Fund. It is understood and agreed
that the Fund and Program of Benefits at all times through the life of this Agreement shall be
such as to qualify for approval by the Internal Revenue Service of the United States Treas-
ury Department and other appropriate governmental agencies, if necessary, to permit all
Employers an income tax deduction for contributions paid hereunder.
ARTICLE 23
The Employer agrees that the Trustees of the Welfare Trust, the Pension Trust, the
Educational Trust, the S.I.S. Trust, and the Industry Promotion Trust, or their designees,
shall have the authority to order an audit of the payroll, wage and related records (including
supporting work sheets) of the Employer for the purpose of insuring compliance with the
terms of this Agreement requiring contributions to the Trust Funds.
The Employer agrees that in the event the Trustees institute or participate in legal
proceedings to collect payments or contributions from an Employer, the Employer shall also
be required to pay reasonable attorney’s fees, expenses of collection and interest at the
highest rate permitted by the laws of the State where the legal proceeding is instituted.
(7) Liquidated Damages, interest and attorney’s fees, as established by the Trustees of the
Fund.
Each such bond shall provide, that in the event an Employer rejects this Agreement
in connection with a bankruptcy proceeding, the bond shall also guarantee payments to the
Welfare, Pension, S.I.S. and Industry Promotion Funds (in that order of priority), which would
have been required by this Agreement, but for the Court’s Order approving rejection of the
Agreement.
In lieu of a bond an Irrevocable Letter of Credit from an FDIC Bank representing the
correlated bond amount for the number of reportable hours worked per month shall be ac-
cepted.
Any contractor who becomes signatory to this Agreement must have a bond on file
with the Local within fifteen (15) calendar days of the signing of this Agreement.
Should the contractor fail to provide and maintain the bond as required, the Union shall
have the right to remove the employees covered by this Agreement or take other legal eco-
nomic actions against the Employer provided however, that the contractor first be given fifteen
(15) calendar days written notice by the Local Union headquarters of his failure to comply.
40
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
In the event such action is taken, the Employer shall be responsible for any loss re-
sulting therefrom.
Any contractor who puts up a cash bond recognizes that in order to defray the costs
of maintaining an escrow account for cash bonds, any interest earnings by such bond shall
be the property of the Union. A copy of the cash bond shall be provided to the National Fire
Sprinkler Association.
LATE FILING CLAUSE: It is agreed that in the event the Employer is delinquent at
the end of the period in the payment of his contribution to the Health and Welfare Fund, the
Pension Fund, or other Funds created under this Agreement, in accordance with the rules
and regulations of the Trustees of each Fund, the employees and/or the Union shall have the
right to take action that may be necessary until such delinquent payments are made; pro-
vided however, that such action is subsequent to the Employer receiving notice in writing
from the Welfare, Pension, Educational, S.I.S. and/or Industry Promotion Trust Fund Ad-
ministrator that said contractor is delinquent and it is further agreed that in the event such
action is taken, the Employer shall be responsible for any loss resulting therefrom.
ARTICLE 24
In any such case (a) payments of funds by the members of the National Fire Sprin-
kler Association, Inc. shall be made to the Trustees provided above and such payments and
investments and reinvestments thereof may be commingled with any other funds (or in-
vestment or reinvestments thereof) of said Trustees.
(b) Benefits shall be paid to or established for the benefit of the employees in other
Local Unions on the same basis as benefits are paid to or established for the benefit of em-
ployees covered by Local Union 669, provided that contributions and contribution periods as
provided for in the Collective Bargaining Agreements entered into by the respective Local
Unions are the same as that provided in this Agreement.
(c) The National Fire Sprinkler Association, Inc. and such other Local Unions shall
adopt the Trustees currently serving under the Agreement and Declaration of Trust between
the National Fire Sprinkler Association, Inc. and Local Union 669 of the United Association
and their successors appointed as provided in said Agreement and Declaration of Trust.
ARTICLE 25
(b) Issuing non-negotiable checks or checks drawn upon accounts having insuffi-
cient funds for wages, expenses or for any of the fringe contributions as required by this
Agreement;
…shall give the Union the right to remove employees from any job or jobs of
the Employer or to take other legal or economic action against the Employer,
in addition to their right to use the grievance procedure.
Paragraph (d) above shall not apply to the Subcontracting clause in Article 18.
All disputes and grievances relative to the interpretation or application of this Agree-
ment, shall be processed in the following manner:
Step 1 - The employee or Union representatives in the employee’s behalf shall within
fifteen (15) working days of the occurrence of the grievance or dispute, discuss with the Em-
ployer’s representative the employee’s grievance or dispute.
Step 2 - The employee must, within the twenty (20) working days of the occurrence
of the alleged grievance or dispute, reduce this grievance to writing, setting forth the date,
time and place, section of the Agreement and relief sought with which the grievance or dis-
pute is concerned and submit by certified mail, one (1) copy each to the Business Manager
of the Local Union, the Employer and the President of the National Fire Sprinkler Associa-
tion, Inc. (40 Jon Barrett Road, Patterson, New York 12563) for discussion and possible res-
olution.
Step 3 - If within thirty (30) working days after referral to Step 2, the Union and Em-
ployer cannot resolve the alleged grievance or dispute, then the matter shall be referred to
an Impartial Arbitrator.
42
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
If the Union and the Employer are unable to agree upon an Impartial Arbitrator within
a period of ten (10) working days, then either may request the Federal Mediation and Con-
ciliation Service to submit a list of seven (7) names. After receipt of the names of seven (7)
Arbitrators, the Union and the Employer shall meet and alternate in striking three (3) names
from the list, with the first strike decided by a toss of a coin.
The remaining name after the Union and the Employer have struck three (3) names
from the list shall be the Impartial Arbitrator. The decision of the Impartial Arbitrator shall be
final and binding on the parties to Arbitration. The duties of the Arbitrator shall be limited to
the interpretation and application of the Agreement, and the Arbitrator shall have no powers
to change or amend the Collective Bargaining Agreement.
The parties to Arbitration shall bear the expense of its witnesses and legal fees. The
fees and expenses of the Arbitrator shall be paid by the loser.
The National Fire Sprinkler Association, Inc., shall have the right to participate as an
intervener in any and all disputes arising under this Article.
If the Employer, Union or the National Fire Sprinkler Association, Inc. has a grievance
related to the interpretation or application of this Agreement, the grievance shall be submit-
ted to the Business Manager of the Union (7050 Oakland Mills Road, Suite 200, Columbia,
Maryland 21046) and to the President of the National Fire Sprinkler Association, Inc. in writ-
ing by registered mail within thirty (30) days of occurrence of the grievance, setting forth the
exact date of the grievance and the nature of the grievance for discussion and possible res-
olution.
If within thirty (30) days the grievance is not settled between the Union and the Na-
tional Fire Sprinkler Association, Inc. or between the Union and the Employer, as appropri-
ate, then the parties shall proceed to Arbitration as set forth in Step 3 of this Agreement.
The “work preservation” provisions of this Agreement are found in Addendum C which
is incorporated by reference herein. Disputes under the “work preservation” requirements of
this Agreement shall be resolved under the standards and procedures in Addendum C, rather
than the procedures above.
ARTICLE 26
1. The Employer and employees hereby agree to comply with all applicable Fed-
eral, State and Municipal safety and health laws and regulations, as well as the
requirements of the “Authority Having Jurisdiction” on all jobs.
2. The Employer shall be responsible for determining and advising employees of haz-
ardous shop or jobsite conditions (i.e. radiation, asbestos, toxins, carcinogenics,
etc.).
43
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
3. The Employer shall be responsible for maintaining the safe condition of all tools
and equipment utilized by the employees.
4. Normally there shall be at least two (2) men on each job. The utilization of one (1)
man on a job shall be limited to those situations where conditions safely allow one
(1) man to work alone (i.e., day work, emergency work and trim work where build-
ings are occupied and the employee is not exposed to excessive height or weight
conditions.) It is mutually agreed that one (1) man jobs have been performed in
the past under safe conditions, and provided safe conditions exist, it is reasonable
and proper to assign one (1) man to a job.
5. The Employer shall furnish, at no cost to the employee, all safety equipment as re-
quired by applicable Federal, State and Municipal Safety and Health Laws and
Regulations, as well as all equipment required by the “Authority Having Jurisdic-
tion” on all jobs.
6. No employee shall be required to work in any area where Epoxy Resins are being
applied by other crafts, nor in areas where airborne asbestos is present without
being provided proper and authorized safety equipment.
7. All Apprentices covered by this Agreement shall obtain OSHA 30 certification as
part of their ongoing apprenticeship training. OSHA Annual Training and OSHA 30
Certification should be completed by employees covered by this Agreement on
their own time.
1. The Employer recognizes the need to maintain safe working conditions for the em-
ployees exposed to radiation. The Employer agrees to be bound by the rules and
regulations established by the “Authority Having Jurisdiction” for safety on nuclear
projects.
3. An employee who receives his maximum radiation exposure limits prior to the end
of any regular work week (Monday through Friday) will be transferred to other suit-
able work without loss of pay or he shall be paid wages and fringe benefits for the
week as if he had worked a full week.
ARTICLE 27
It shall not be a violation of this Agreement, and it shall not be cause of discharge or
disciplinary action, for an employee to refuse to go through any primary picket line, includ-
ing a primary picket line of the Union.
ARTICLE 28
WISCONSIN PIPE TRADES DRUG AND ALCOHOL POLICY AND PROGRAM: The
National Fire Sprinkler Association and Road Sprinkler Fitters Local Union 669 agree to par-
ticipate fully in the Plumbing and Mechanical Contractors and Pipe Trades of Wisconsin
Drug-Free Alliance program effective October 1, 2002. Any discrepancies between the Pipe
Trades Program referenced herein and the Program described below shall be resolved by
the terms of the Pipe Trades of Wisconsin Drug-Free Alliance program.
The NFSA and Local 669 acknowledge that the use of alcohol and illicit drugs is detri-
mental to the health and safety of the employees covered by this Article. It is also acknowl-
edged that employees suffering from an alcohol or drug related problem should be afforded
the opportunity to remedy their health problem. Therefore, it is hereby agreed by the par-
ties as follows:
1. An employee shall not report for work in a condition unfit for work due to the use of
alcohol, drugs, or illegal substances. Being in a condition unfit for work because of the effects
of drugs, alcohol or illegal substances that impair work performance while at the jobsite is cause
for disciplinary action, up to and including discharge. Employees must meet their responsibility
to be fit for duty, ensuring a zero tolerance policy for substance abuse is strictly met.
2. Acceptable Means of Drug Testing. The following are the acceptable means of
drug testing. If the General Contractor or owner requires drug or alcohol testing other than
that provided herein, the Employer shall immediately notify the Union in writing.
2A. If an Employer has “probable cause” to suspect that an employee is unfit for work
as described above, the Employer may require the employee to submit to a detection test as
outlined in Paragraph 3 through Paragraph 5 to determine whether the employee is in violation
of Paragraph 1. “Probable cause” means objective belief based on direct observation by a su-
pervisor or management representative, job foreman, or other employee such that it can be de-
scribed with particularity, i.e., specific facts. All such facts must be immediately reduced to
writing by the supervisor, management official, job foreman, or other employee and provided to
the employee and the Union. If a supervisor or management official is not “on site” to observe
an employee whose performance is impaired, the job foreman or other employee shall contact
the Employer by telephone immediately after the written documentation is completed.
“On site” means the location of the job at which the employee is suspected of being
unfit for work.
45
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Any employee operating a company motor vehicle that is involved in a motor vehicle
accident during working hours or at any time if such vehicle is owned or leased by the Em-
ployer, or in a work-related injury that requires medical attention, may also be required to sub-
mit to testing for drugs or alcohol at the discretion of the Employer.
2B. Any contractor may elect to institute unscheduled drug or alcohol testing, pro-
vided that it shall be at the contractor’s cost and the following conditions are adhered to:
All name selection shall be done by computer program name generation and
all testing shall be done by a certified collection and testing facility.
Time spent meeting unscheduled testing requirements shall be paid work time.
2C. Any contractor may elect to institute pre-employment drug testing. The applicant
shall receive an amount equal to two (2) hours wages when the applicant is subjected to pre-
employment drug testing, provided the applicant does not test positive. It is understood that
such payment shall not confer status as an employee on such applicant, unless the con-
tractor actually puts such applicant to work on his payroll.
2D. An employee who leaves the company for a duration of longer than thirty (30)
days may be retested.
3. The procedure for detection of alcohol-related impairment shall be the same as used
by the State where the worksite is located and presumptive impairment shall be determined by
using the State established level for a finding of driving a vehicle while intoxicated. The testing
procedure for drug-related impairment shall use the EMIT or similar screening test in the first
instance. If an employee is not able or competent to authorize specimen collection or is in need
of medical attention, medical attention shall not be delayed pending specimen collection. The
following initial cutoff levels shall be used when screening specimens to determine whether
they are negative or positive for these ten drugs or classes of drugs:
46
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The results of the test must be confirmed by the gas chromatography/mass spec-
trometry method. The failure to confirm the initial finding by GC/MS shall nullify the initial
screening. The types of drugs listed above are not the exclusive set of drugs for the detec-
tion of which analysis may be conducted, provided the parties are in agreement as to appli-
cable procedures and standards for drugs not enumerated above.
4. The testing shall be conducted by a laboratory certified to perform such tests by
the United States Department of Health and Human Services or any other laboratory des-
ignated by agreement of the parties. The collection of the samples shall conform to the cur-
rent procedures established by HHS.
5. After any sample is collected pursuant to the provisions of this Article, the em-
ployee shall have the right to be given a portion of the sample collected for his/her own analy-
sis. Said portion shall be clearly identified and sealed. The Employer shall also provide the
employee and Union representative with a listing of the three (3) closest laboratories or test-
ing agencies which comply with the HHS Guidelines cited above. In the event the District
Business Agent is not available to be “on site” within one (1) hour, the Union shall designate
a temporary, alternate Union representative. The employee shall have the right to inde-
pendent analysis at these approved facilities. Any report on the contents of the sample must
contain a signed attestation that the seal was intact upon submission to the certified collec-
tion and testing facility.
6. Possession or sale of illegal drugs or other illegal substances at the worksite shall
constitute independent grounds for discharge without regard to “probable cause” of unfit-
ness for work or adverse effect upon work performance.
8. The only permissible testing by the Employer shall be that set forth in Paragraph
2 through Paragraph 5 and to comply with the requirements of the general contractor, owner,
or law. There shall be no random testing, no use of electronic detection devices, use of
search dogs, searches of persons or vehicles or other practices not specifically mentioned
in this Article. At the option of the employee or the Union, any employee tested through pro-
cedures materially different than those set forth above shall have the right, at the Employer’s
cost, to be tested pursuant to procedures set forth in Paragraph 2 through Paragraph 5 and
no discipline may be imposed until unfitness for work is established pursuant to Paragraph
2 through Paragraph 5.
9. This Article shall not bar any subsequent modifications of the standards and tests
promulgated by the Joint Apprenticeship Training Committee nor testing of applicants for the
Joint Apprenticeship Program pursuant to procedures adopted by the Joint Apprenticeship
Training Committee.
47
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(a) Before requesting an employee to undergo drug or alcohol testing, the em-
ployer shall provide the employee with a form on which to acknowledge
that the employee has seen the drug and alcohol testing policy;
(b) If an employee tests positive for drug or alcohol use, the employee shall be
given written notice of the right to explain the positive test and indicate any
over-the-counter or prescription medication that the employee is currently
taking or has recently taken and any other information relevant to the reli-
ability of, or explanation for, a positive test;
(c) Within three (3) days after notice of a positive initial drug or alcohol test re-
sult the employee may submit information to the employer, in addition to
any information already submitted under paragraph (B), to explain the re-
sult;
(d) An employee who tests positive will have four (4) working days following
the date on which the employee is notified of the test result to advise the
Employer, in writing of the employee’s desire to request a retest at the em-
ployee’s expense, unless a retest is negative in which case it shall be at
the Employer’s expense.
(e) Employees may grieve actions for discipline under the Collective Bargain-
ing Agreement.
ARTICLE 29
ARTICLE 30
ARTICLE 31
SAVINGS CLAUSE: In accordance with the intent and agreement of the parties, the
provisions of this Collective Bargaining Agreement shall be interpreted and construed in a
manner which is consistent with all applicable Federal and State laws. In the event, how-
ever, that any Article or provision to this Agreement shall be declared invalid, inoperative or
unenforceable by any competent authority of the executive, legislative, judicial, or adminis-
trative branch of the Federal or any State government, the Employer and the Union shall
48
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
suspend the operation of such article or provision during the period of its invalidity and shall
substitute, by mutual consent in its place and stead, an article or provision which will meet
the objections to its validity and which will be in accord with the intent and purposes of the
article or provision in question.
If any Article or provision of this Agreement shall be held invalid, inoperative or unen-
forceable by operation of law or by any of the above-mentioned tribunals of competent ju-
risdiction, the remainder of this Agreement or the application of such Article or provision to
persons or circumstances other than those as to which it has been held invalid, inoperative
and unenforceable shall not be affected thereby.
49
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
50
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ADDENDUM A
to the
AGREEMENT BETWEEN
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
and
SPRINKLER FITTERS LOCAL UNION NO. 669, COLUMBIA, MARYLAND
OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES & CANADA
The following is the jurisdiction of work of the United Association of Journeymen and
Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada:
1. All piping, valves, computer aided drafting and/or hand detail drawing for plumbing,
water, waste, floor drains, drain grates, supply, leader, soil pipe, grease traps, sewage and
vent lines.
2. All piping for water filters, water softeners, water meters and the setting of same.
3. All cold, hot and circulating water lines, piping for house pumps, cellar drainers, ejectors,
house tanks, pressure tanks, swimming pools, ornamental pools, display fountains, drinking
fountains, aquariums, plumbing fixtures and appliances, and the handling and setting of the
above mentioned equipment.
4. All water services from mains to buildings, including water meters and water meter foun-
dations.
5. All water mains from whatever source, including branches and fire hydrants, etc.
6. All down spouts, drainage areas, soil pipe, catch basins, manholes, drains, gravel
basins, storm water sewers, septic tanks, cesspools, water storage tanks, gray water, rain-
water and reclaimable water collection of every type and description used for plumbing and
pipefitting systems, etc.
7. All liquid soap piping, liquid soap tanks, soap valves, and equipment in bath and wash-
rooms, shower stalls, etc.
8. All bathroom, toilet room and shower room accessories, i.e. as towel racks, paper hold-
ers, glass shelves, hooks, mirrors, cabinets, etc.
9. All lawn sprinkler work, including piping, fittings, and lawn sprinkler heads.
10. All sheet lead lining for X-ray rooms, fountains, swimming pools or shower stalls,
tanks or vats for all purposes and for roof flashings in connection with the pipe fitting
industry.
51
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
11. All fire stand pipes, fire pumps, pressure and storage tanks, valves, hose racks, fire
hose, cabinets and accessories, and all piping for sprinkler work of every description.
12. All block tin coils, carbonic gas piping for soda fountains and bars, etc.
13. All piping for railing work and racks of every description, whether screwed or welded.
14. All piping for pneumatic vacuum cleaning systems of every description.
15. All piping for hydraulic, vacuum, pneumatic, air, water, steam, oil, or gas, used in con-
nection with railway cars, railway motor cars, and railway locomotives.
16. All marine piping, and all piping used in connection with ship building and ship yards.
18. The handling, assembling, and erecting of all economizers, super-heaters, regardless of
the mode or method of making joints, hangers, and erection of same.
19. All internal and external piping on boilers, heaters, tanks and evaporators, water legs,
water backs and water grates, boiler compound equipment, etc.
21. The setting, erecting, and piping for all smoke consuming and smoke washing and reg-
ulating devices.
22. The setting, erecting and piping of instruments, measuring devices, thermostatic con-
trols, gauge boards, and other controls used in connection with power, heating, refrigerating,
air conditioning, manufacturing, mining, and industrial work.
23. The setting and erecting of all boiler feeders, water heaters, filters, water softeners, pu-
rifiers, condensate equipment, pumps, condensers, coolers, and all piping for same in power
houses, distributing and boosting stations, refrigeration, bottling, distilling, and brewing
plants, heating, ventilating and air-conditioning systems.
24. All piping for artificial gases, natural gases, and holders and equipment for same, chem-
icals, minerals and by-products and refining of same, for any and all purposes, as well as all
radon piping and all methane recovery systems.
25. The setting and erecting of all underfeed stokers, fuel burners, and piping, including gas,
oil, power fuel, hot and cold air piping, and all accessories and parts of burners and stokers,
etc.
26. All ash collecting and conveyor piping systems, including all air washing and dust col-
lecting piping and equipment, accessories and appurtenances and regulating devices, etc.
52
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
27. The setting and erection of all oil heaters, oil coolers, storage and distribution tanks,
transfer pumps, and mixing devices, and piping thereto of every description.
28. The setting, erecting and piping of all cooling units, pumps, reclaiming systems,
and appurtenances, in connection with transformers, and piping to switches of every
description.
29. All fire extinguishing systems and piping, valves, and computer aided drafting and/or
hand detail drawing, whether by water, steam, gas, or chemical, fire alarm piping, and con-
trol tubing, etc.
30. All piping for sterilizing, chemical treatment, deodorizing, and all cleaning systems of
every description, and laundries for all purposes.
31. All piping for oil or gasoline tanks, gravity and pressure lubricating and greasing sys-
tems, air and hydraulic lifts, etc.
32. All piping for power or heating purposes, either by water, air, steam, gas, oil, chemicals,
geothermal, solar or any other method.
33. All piping, setting and hanging of all units and fixtures for air-conditioning, cooling, heat-
ing, roof cooling, refrigerating, ice making, humidifying, dehumidifying and dehydrating by
any method, and the charging, testing, and servicing of all work after completion.
34. All pneumatic tube work, and all piping for carrying systems by vacuum, compressed
air, steam, water, or any other method.
35. All piping to stoves, fire grates, blast and heating furnaces, ovens, driers, heaters, oil
burners, stokers, and boilers and cooking utensils, etc. of every description.
36. All piping in connection with central distributing filtration treatment stations, boosting sta-
tions, waste and sewage disposal plants, central chlorination and chemical treatment work,
and all underground supply lines to cooling wells, suction basins, filter basins, settling basins,
and aeration basins.
37. All process piping, valves, computer aided drafting and/or hand detail drawing for refin-
ing, manufacturing, industrial, and shipping purposes of every character and description.
39. All temporary piping of every description in connection with building and construction
work, excavating and underground construction.
40. The laying out and cutting of all holes, chases and channels, the setting and erection of
bolts, inserts, stands, brackets, supports, sleeves, thimbles, hangers (including all seismic
hangers), conduit and boxes, used in connection with the pipe fitting industry.
53
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
41. The handling and setting of boilers, setting of fronts, setting of soot blowers, and at-
taching of all boiler trimmings.
42. All pipe transportation lines for gas, oil, gasoline, fluids and liquids, water aqueducts,
water lines, and booster stations of every description.
43. All acetylene and arc welding, brazing, lead burning, soldered and wiped joints, caulked
joints, expanded joints, rolled joints, or any other mode or method of making joints in con-
nection with the pipe fitting industry.
44. Laying out, cutting, bending and fabricating of all pipe work of every description, by what-
ever mode or method.
45. All methods of stress relieving of all pipe joints made by every mode or method.
46. The assembling and erecting of tanks, used for mechanical, manufacturing or industrial
purposes, to be assembled with bolts, packed or welded joints.
47. The handling and using of all tools and equipment that may be necessary for the erec-
tion and installation of all work and materials used in the pipe fitting industry.
48. The operation, maintenance, repairing, servicing, inspecting, testing, including but not
limited to nondestructive examination, commissioning, renovation, upgrading, moderniza-
tion, replacement and dismantling of all work installed by journeymen members of the United
Association.
49. All piping for cataracts, cascades (i.e. artificial water falls), make-up water fountain, cap-
tured waters, water towers, cooling towers, and spray ponds used for industrial, manufac-
turing, commercial, or for any other purposes.
50. Piping herein specified means pipe made from metals, tile, glass, rubber, plastics, wood,
or any other kind of material, or product manufactured into pipe, usable in the pipe fitting in-
dustry, regardless of size or shapes.
54
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ADDENDUM B
to the
AGREEMENT BETWEEN
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
and
SPRINKLER FITTERS LOCAL UNION NO. 669, COLUMBIA, MARYLAND
OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES & CANADA
To ensure the UA Standard for Excellence platform meets and maintains its goals, the
Local Union Business Manager, in partnership with his implementation team, including
shop stewards and the local membership, shall ensure all members:
• Meet their responsibilities to the employer and their fellow workers by arriving on the job
ready to work, every day on time (Absenteeism and tardiness will not be tolerated).
• Adhere to the contractual starting and quitting times, including lunch and break periods
(Personal cell phones will not be used during the workday with the exception of lunch and
break periods).
• Meet their responsibility as highly skilled craftsworkers by providing the required tools as
stipulated under the local Collective Bargaining Agreement while respecting those tools
and equipment supplied by the employer.
• Use and promote the local union and international training and certification systems to the
membership so they may continue on the road of lifelong learning, thus ensuring UA
craftsworkers are the most highly trained and sought after workers.
• Meet their responsibility to be fit for duty, ensuring a zero tolerance policy for substance
abuse is strictly met.
• Be productive and keep inactive time to a minimum.
• Meet their contractual responsibility to eliminate disruptions on the job and safely work
towards the on-time completion of the project in an auspicious manner.
• Respect the customers’ property (Waste and property destruction, such as graffiti, will not
be tolerated).
• Respect the UA, the customer, client and contractor by dressing in a manner appropri-
ate for our highly skilled and professional craft (Offensive words and symbols on cloth-
ing and buttons are not acceptable).
• Respect and obey employer and customer rules and policies.
• Follow safe, reasonable and legitimate management directives.
55
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
EMPLOYER AND MANAGEMENT RESPONSIBILITIES:
MCAA/MSCA, PFI, MCPWB, PCA, UAC and NFSA and their signatory contractors have
the responsibility to manage their jobs effectively, and as such have the following re-
sponsibilities under the UA Standard for Excellence.
• Replace and return to the referral hall ineffective superintendents, general foremen, fore-
men, journey workers and apprentices.
• Provide worker recognition for a job well done.
• Ensure that all necessary tools and equipment are readily available to employees.
• Minimize workers’ downtime by ensuring blueprints, specifications, job layout instruc-
tions and material are readily available in a timely manner.
• Provide proper storage for contractor and employee tools.
• Provide the necessary leadership and problem-solving skills to jobsite Supervision.
• Ensure jobsite leadership takes the necessary ownership of mistakes created by man-
agement decisions.
• Encourage employees, but if necessary, be fair and consistent with discipline.
• Create and maintain a safe work environment by providing site specific training, proper
equipment and following occupational health and safety guidelines.
• Promote and support continued education and training for employees while encouraging
career building skills.
• Employ an adequate number of properly trained employees to efficiently perform the
work in a safe manner, while limiting the number of employees to the work at hand,
thereby providing the customer with a key performance indicator of the value of the UA
Standard for Excellence.
• Treat all employees in a respectful and dignified manner, acknowledging their contribu-
tions to a successful project.
• Cooperate and communicate with the Job Steward.
Under the UA Standard for Excellence it is understood, that members through the local
union, and management through the signatory contactors, have duties and are account-
able in achieving successful resolutions.
• The Local Union and the Steward will work with members to correct and solve problems
related to job performance.
56
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
• Job Stewards shall be provided with steward training and receive specialized training
with regard to the UA Standard for Excellence.
• Regular meetings will be held where the job steward along with UA Supervision will com-
municate with the management team regarding job progress, work schedules, and other
issues affecting work processes.
• The Job Steward shall communicate with the members about issues affecting work
progress.
• The Business Manager or his delegate will conduct regularly scheduled meetings to
discuss and resolve issues affecting compliance of the UA Standard for Excellence
policy.
• The Steward and management will attempt to correct such problems with individual mem-
bers in the workplace.
• Individual members not complying with membership responsibility shall be brought
before the Local Union Executive Board, which will address such members’ failure
to meet their obligation to the local and the UA, up to and including filing charges.
The Local Union’s role is to use all available means to correct the compliance
problem.
• Regular meetings will be held where the management team and UA Supervision will com-
municate with the Job Steward regarding job progress, work schedules, and other is-
sues affecting the work process.
• Management will address concerns brought forth by the Steward or UA Supervision in a
professional and timely manner.
• A course of action shall be established to allow the Job Steward and/or UA Supervision
to communicate with higher levels of management in the event there is a breakdown with
the responsible manager.
• In the event that the employee is unwilling or unable to make the necessary changes,
management must make the decision whether the employee is detrimental to the UA
Standard for Excellence platform and make a decision regarding his further employ-
ment.
• In the event an issue is irresolvable at this level, the Local or the Contractor may call for
contractually established Labor Management meeting to resolve the issues.
57
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
• Weekly job progress meetings should be conducted with Job Stewards, UA Supervision
and Management.
• The Local or the Contractor may involve the customer when their input is prudent in find-
ing a solution.
• Foremen, General Foremen, Superintendents and other management should be edu-
cated and certified as leaders in the UA Standard for Excellence policy.
58
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ADDENDUM C
to the
AGREEMENT BETWEEN
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
and
SPRINKLER FITTERS LOCAL UNION NO. 669, COLUMBIA, MARYLAND
OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES & CANADA
In order to protect and preserve for the employees covered by this Agreement all work
historically and traditionally performed by them, and in order to prevent any device or sub-
terfuge to avoid the protection or preservation of such work, it is hereby agreed as follows:
If and when the Employer shall perform any work of the type covered by this Agreement as
a single or joint Employer (which shall be interpreted pursuant to applicable NLRB and judi-
cial principles) within the trade and territorial jurisdiction of Local 669, under its own name
or under the name of another, as a corporation, sole proprietorship, partnership, or any other
business entity including a joint venture, wherein the Employer (including its officers, direc-
tors, owners, partners or stockholders) exercises either directly or indirectly (such as through
family members) controlling or majority ownership, management or control over such other
entity, the wage and fringe benefit terms and conditions of this Agreement shall be applica-
ble to all such work performed on or after the effective date of this Agreement. The ques-
tion of single Employer status shall be determined under applicable NLRB and judicial
principles, i.e., whether there exists between the two companies an arm’s length relationship
as found among unintegrated companies and/or whether overall control over critical mat-
ters exists at the policy level. The parties hereby incorporate the standard adopted by the
Court in Operating Engineers Local 627 v. NLRB, 518 F.2d 1040 (D.C. Cir. 1975) and af-
firmed by the Supreme Court, 425 U.S. 800 (1976), as controlling. A joint employer, under
NLRB and judicial principles, is two independent legal entities that share, codetermine, or
meaningfully affect labor relations matters.
Should the Employer establish or maintain such other entity within the meaning of
the preceding paragraph, the Employer is under an affirmative obligation to notify the Union
of the existence and nature of and work performed by such entity and the nature and extent
of its relationship to the signatory Employer. The supplying of false, misleading, or incom-
plete information (in response to a request by the Union) shall not constitute compliance
with this section. The Union shall not unreasonably delay the filing of a grievance under this
Article.
In the event that the Union files, or in the past has filed, a grievance under Article 3
of this or a prior national agreement, and the grievance was not sustained, the Union may
proceed under the following procedures with respect to the contractor(s) involved in the
grievance:
59
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Should the Employer establish or maintain operations that are not signatory to this
Agreement, under its own name or another or through another related business entity to
perform work of the type covered by this Agreement within the Union’s territorial jurisdiction,
the terms and conditions of this Agreement shall become applicable to and binding upon
such operations at such time as a majority of employees of the entity (as determined on a
state-by-state, regional or facility-by-facility basis consistent with NLRB unit determination
standards) designates the Union as their exclusive bargaining representative on the basis
of their un-coerced execution of authorization cards, pursuant to applicable NLRB standards,
or in the event of a good faith dispute over the validity of the authorization cards, pursuant
to a secret ballot election under the supervision of a private independent third party to be des-
ignated by the Union and the NFSA within thirty (30) days of ratification of this Agreement.
The Employer and the Union agree not to coerce employees or to otherwise interfere with
employees in their decision whether or not to sign an authorization card and/or to vote in a
third party election.
Particular disputes arising under the foregoing paragraphs shall be heard by one of
four persons to be selected by the parties (alternatively depending upon their availability) as
a Special Arbitrator. The Arbitrator shall have the authority to order the Employer to provide
appropriate and relevant information in compliance with this clause. The Special Arbitrator
shall also have authority to confirm that the Union has obtained an authorization card ma-
jority as provided in the preceding paragraph.
Except as specifically provided above, it is not intended that this Article be the exclu-
sive source of rights or remedies which the parties may have under State or Federal Laws.
60
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
APPRENTICESHIP STANDARDS BETWEEN
ROAD SPRINKLER FITTERS LOCAL UNION NO. 669 OF THE
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES
OF THE UNITED STATES AND CANADA
and
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
These Apprenticeship Standards approved this 20th day of July, 2006, and effec-
tive April 1, 2007 constitute a revision of the original Apprenticeship Standards registered by
the Office of Apprentice Training, Employer and Labor Services of the Department of Labor
in 1953 and revisions thereof. By registering these training standards, the Office of
Apprentice Training, Employer and Labor Services certifies that they conform to labor stan-
dards necessary to safeguard the welfare of Apprentices. The DOL’s general labor stan-
dards for Apprentice Programs are set forth in Title 29, Code of Federal Regulation, Part 29.
Realizing the great and growing need for qualified, trained mechanics in the Sprinkler
Industry in order that proper facilities for fire protection may be provided and correctly and
scientifically installed both now and in the future, the National Fire Sprinkler Association, Inc.
and Road Local Union No. 669 of the United Association believe we should institute a sys-
tematic vocational training of Apprentices to the end that the needs of the Industry for capable
mechanics will be met and a proper balance steadily maintained.
APPRENTICE (Class 1 through 10) means a person who has agreed to work at and learn
Sprinkler Fitting and who is governed by a written agreement that has been approved by
the Joint Apprenticeship and Training Committee and registered with the Office of Appren-
ticeship.
61
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
APPRENTICESHIP AGREEMENT means the written Apprenticeship Agreement between
the Apprentice and the Joint Apprenticeship and Training Committee acting as the Em-
ployer’s agent in which the terms and conditions of Apprenticeship are set forth. Each Agree-
ment shall contain a clause which makes these standards a part of such Agreement. Some
state apprenticeship agencies may require the use of their own apprenticeship agreement
forms.
EMPLOYER means the contractor who employs the Apprentice and who must show, to the
Committee’s satisfaction, that it can meet the following minimum qualifications:
(e) Be signatory to the Local 669 Joint Apprenticeship Program Affirmative Ac-
tion Plan and Selection Procedures.
or
An individual who has documented sufficient skills and knowledge of a trade, craft or occu-
pation, either through formal apprenticeship or through practical on-the-job experience, and
formal training. This individual is recognized by his/her employer as being fully qualified to
perform the work of the trade, craft or occupation.
62
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
O*NET-SOC CODE means the Occupational Information Network (O*NET) codes and titles
are based on the new Standard Occupational Classification (SOC) system mandated by the
federal Office of Management and Budget for use in collecting statistical information on oc-
cupations. The O*NET classification, which replaces the DOT, uses an 8-digit O*NET-SOC
code. Use of the SOC classification as a basis for the O*NET codes ensures that O*NET in-
formation can be readily linked to labor market information such as occupational employment
and wage data at the national, State and local levels.
ON-THE-JOB LEARNING (OJL) means the tasks learned on the job in which the appren-
tice must become proficient before a completion certificate is awarded. The learning must be
through structured, supervised work experience.
PROGRAM SPONSOR means the Joint Apprenticeship and Training Committee (JATC).
REGISTRATION AGENCY means the United States Department of Labor, Office of Ap-
prenticeship.
UNION means the Road Sprinkler Fitters Local Union No. 669 of the United Association.
(a) The Joint Apprenticeship and Training Committee (the “Committee”) shall be
comprised of eight (8) members of equal representation from the National Fire Sprinkler As-
sociation, Inc. and Road Sprinkler Fitters Local Union 669 of the United Association.
(b) From this Committee shall be chosen a Chairman and Secretary. When the
Chairman represents the Association, the Secretary shall be from the Union and/or vice
versa. The length of the term of office shall be one (1) year.
(c) The Business Manager of Local Union No. 669 and the President of the Na-
tional Fire Sprinkler Association, Inc. shall be ex-officio members of the Joint Apprenticeship
and Training Committee.
63
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(d) Technical Assistance-such as that from the U.S. Department of Labor, Office
of Apprenticeship, State Apprenticeship Agencies, and vocational schools — may be re-
quested to advise the Committee.
Administrative Procedures
(a) The voting strength of the Committee shall be equally divided between the As-
sociation and the Union representatives. The division of the vote among such groups shall
be determined by the number of members of each group.
(b) The Chairman and the Secretary shall retain the right of voice and vote on all
matters coming before the Committee.
(c) The Committee shall meet at least three (3) times per year. The date, time and
place of the meeting shall be determined by the Committee. The Chairman or any four (4) mem-
bers of the Committee have the authority to call and establish the date of special meetings.
(d) Four (4) members of the Committee shall be deemed necessary to establish
a quorum for an official meeting of the Committee, two (2) representing each group. No
meeting of the Committee shall be considered official unless both groups are represented.
(e) The Committee shall establish such additional rules and regulations governing
its administrative procedures as are required.
(f) To determine the quality and quantity of experience on the job which Appren-
tices must have and to be reasonably responsible for their obtaining it.
(h) To arrange tests for determining the Apprentices’ progress in manipulative skill
and technical knowledge (technical knowledge to be obtained from written reports, manipu-
lative skill to be determined by Employer’s reports).
64
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(i) To maintain a record of each Apprentice, for at least five (5) years, showing ed-
ucation, experience and progress in learning the trade.
(j) To make an annual report covering the work of the Joint Apprenticeship and
Training Committee to the Employer, the Union, and the Registration Agency.
(l) Upon satisfactory completion of the term of the Apprenticeship the Committee
shall recommend to the Registration Agency that a Certificate of Completion be awarded.
(n) To carry out policies and procedures as directed by the Board of Trustees.
(o) Expenses incurred by the Committee in carrying out the provisions of these
Standards shall be paid by the National Automatic Sprinkler Industry Local Union 669 Edu-
cation Fund. No extraordinary expenses shall be incurred by the Committee without prior ap-
proval of the Association and the Union.
SECTION II. - EQUAL OPPORTUNITY PLEDGE - Title 29 CFR 29.5(b) (20) and 30.3(b)
SECTION III. - AFFIRMATIVE ACTION PLAN - Title 29 CFR 29.5(b) and 30.4
The Committee will adopt an Affirmative Action Plan and Selection Procedures as re-
quired under Title 29, CFR Part 30. It will be attached as Appendix C.
65
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION V. - SELECTION OF APPRENTICES - Title 29 CFR 30.5
Selection into the apprenticeship program will be in accordance with the selection
procedures made a part of these Standards (Appendix D).
The Apprentice shall sign an Apprenticeship Agreement (Appendix B) with the Com-
mittee. This Agreement shall be registered with the Registration Agency. Every Apprentice-
ship Agreement entered into under these Standards shall contain the provision making terms
and conditions of the Standards a part of the Apprenticeship Agreement. The following shall
receive copies of the Apprenticeship Agreement:
Parties to the Apprenticeship Agreement may consult with the Registration Agency for
an interpretation of any provision of the Standards over which differences occur.
The ratio of Apprentices to Journeyperson shall be in accordance with the ratio es-
tablished under the Collective Bargaining Agreement and contained in Appendix A.
The term of Apprenticeship shall consist of five (5) years. The Apprentice shall serve
and complete the Apprenticeship with the Employer to whom apprenticed except as herein
provided.
SECTION IX. - PROBATIONARY PERIOD - Title 29 CFR 29.5(b) (8), (b) (19)
The first six (6) months of employment after the signing of the
Apprenticeship Agreement shall be the probationary period. The Apprenticeship Agreement
may be terminated during the probationary period or extended probationary period, if one is
imposed, by either party without stated cause.
Before the end of the probationary period, the Committee shall make a thorough re-
view of the Apprentice’s ability, attitude and development. Any Apprentice found to be un-
satisfactory shall be retained on probation an additional sixty (60) days and re-evaluated. An
66
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Apprentice found to be inadequate on re-evaluation shall be dropped from the Program. An
Apprentice who satisfactorily completes the probationary period will be considered a Class
2 Apprentice, initiated into Local Union No. 669 as a Building Trades Apprentice and en-
rolled in the Related Training Program.
After the probationary period, the Apprenticeship Agreement may be canceled at the
request of the Apprentice or may be suspended, canceled, or terminated by the Committee
for good cause. Such removal by the Committee shall cancel the classification of the Ap-
prentice and the opportunity to complete the training. The Registration Agency shall be no-
tified of such cancellations.
The hours of work for Apprentices and conditions associated therewith shall be in ac-
cordance with the present and subsequent labor agreement in effect.
SECTION XII. - CREDIT FOR PREVIOUS EXPERIENCE - Title 29 CFR 29.5(b) (12) and
30.4(c) (8)
A candidate for Apprenticeship with previous experience in, or related to, the trade can
request that such experience be evaluated by the Committee. This request should be made
at the time of application. Where such experience warrants it, the Committee will place the
Apprentice in the appropriate wage period, and such advanced credit shall be subject to re-
view prior to the Apprentice’s next advancement.
SECTION XIII. - WORK EXPERIENCE - Title 29 CFR 29.5(b) (3) and 30.8
(a) The Apprentice shall be given such instruction and experience in all branches of
the trade, as is necessary to develop a practical and skilled mechanic. The Apprentice shall
also be given experience on all new equipment, materials and substitutes that may be in-
67
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
stalled on the job and also training in safety practices to avoid personal injuries and property
damage.
(b) The Committee shall undertake to keep the Apprentice at work at the trade con-
tinuously, except in case of strike, lockout, sickness or other unavoidable causes, unsatis-
factory completion of related training courses, or by action of the Committee. When an
Employer discharges an Apprentice, the Employer shall immediately notify the Committee in
writing, giving the name of the Apprentice and the reason for discharge. Disposition of such
an Apprentice shall be made by the Committee within sixty (60) days of receipt of notice of
discharge. In case of dissatisfaction between the Employer and the Apprentice, either party
has the right and privilege of appeal to the Committee for such action and adjustment of
such matters as come within the Standards.
(c) Except as provided in Article 16 in the Agreement between the National Fire Sprin-
kler Association, Inc. and Local Union 669 when an Apprentice is temporarily laid off be-
cause of business conditions, the Apprentice shall be reinstated before any additional
Apprentices are employed. It is agreed that any Apprentice, who is laid off due to the return
from military or from naval service of an Apprentice who has priority rights, shall be given the
first opportunity available in any shop to complete the Apprenticeship. An Apprentice, sus-
pended for any reason, when reinstated shall complete the work set up in the training sched-
ule before the work of the next period may be started.
(d) When an Apprentice is laid off due to lack of work the Employer shall give as
much advance notice of said layoff as possible to the Director of Apprenticeship.
(e) When an Apprentice is terminated from employment the Apprentice shall im-
mediately notify the Director of Apprenticeship.
Any apprentice who fails to complete any of the related instruction classes upon
schedule, unless officially excused, will be required to complete all course work missed be-
fore being advanced to the next period of training. Where an apprentice fails, without due
cause, to fulfill his or her obligations regarding related instruction or on the job learning, the
Committee will take appropriate disciplinary action and may suspend or terminate the Ap-
prenticeship Agreement after due notice to the apprentice and opportunity for corrective ac-
tion.
68
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION XV. - SAFETY AND HEALTH TRAINING - Title 29 CFR 29.5(b) (9)
The Employer shall instruct the Apprentice in safe and healthful work practices and
shall ensure that the Apprentice is trained in facilities and other environments that are in
compliance with either the Occupational Safety and Health Standards promulgated by the
Secretary of Labor under Public Law 91-596, dated December 29, 1970, and subsequent
amendments to that law, or State standards that have been found to be at least as effective
as the Federal standards.
(a) During the entire term of Apprenticeship, the Apprentices shall be under the ju-
risdiction and control of the Joint Apprenticeship and Training Committee, and the Commit-
tee shall have the authority to protect their welfare and also to instruct, direct and discipline
at all times.
(b) Each Employer who employs Apprentices in accordance with these Standards
shall, with the advice and assistance of the Committee, be responsible for each Apprentice’s
work experience on the job and the recording of same on the record form adopted for this
purpose. It shall be the Employer’s duty to see that this form is complete in every detail and
forwarded to the Committee at the proper time for the Committee’s information and record.
It will be the duty of the Employer and the instructor to make periodic reports on the
progress of each Apprentice. The Committee shall keep a record of the progress of each Ap-
prentice, and reports from the Employer as well as the instructor shall be scrutinized semi-an-
nually. If the Committee is satisfied with the progress being made by the Apprentice, a notice
will be forwarded to the Employer which will advance the Apprentice to the next period. These
reports must show if the agreed conditions are being fulfilled by both parties to this contract,
whether the Apprentices are being held back or if they are to advance in different processes of
the trade, and if Apprentices are negligent and incapable of becoming competent workers. In
cases of failure on the part of the Apprentice to fulfill obligations as to schooling, diligence or ap-
plication to the work, or conduct, the Agreement may be suspended or revoked and the Em-
ployer hereby agrees to carry out the instructions of the Committee in this responsibility. The
Apprentice hereby agrees to abide by any such determination of the Committee.
The Committee will maintain for a period of five (5) years from the date of last action
all records relating to apprentice applications (whether selected or not), the employment and
training of Apprentices, and any other information relevant to the operation of the program.
This includes, but is not limited to, records on the recruitment, application, and selection of
Apprentices, and records on the Apprentice’s job assignments, promotions, demotions, lay-
offs, terminations, rate of pay, or other forms of compensation, hours of work and training,
evaluations, and other relevant data. The records will permit identification of minority and fe-
male (minority and non-minority) participants. These records will be made available on re-
quest to the Registration Agency.
Upon the successful completion of the terms of Apprenticeship under these Stan-
dards, the Apprentice shall be issued a Certificate of Completion of Apprenticeship signed
by the officers of the Committee and countersigned by the Office of Apprenticeship Training,
Employer and Labor Services and shall be a Journeyperson.
The Registration Agency will be notified promptly of all new apprentices to be regis-
tered, credit granted, suspensions for any reason, reinstatements, extensions, modifications,
completions, cancellations, and terminations of Apprenticeship Agreements and causes.
A program may be deregistered (1) by a voluntary request of the sponsor for cancel-
lation, or (2) by the Office of Apprenticeship Training, Employer and Labor Services,
DOL, for reasonable cause. In the latter case, OA will institute formal deregistration pro-
ceedings in accordance with the requirement of Title 29 of the Code of Federal Regulations
Part 29. Upon deregistration of a program the sponsor must inform in writing each Appren-
tice within fifteen (15) days, in compliance with Title 29, Part 29.7 of the Code of Federal Reg-
ulations.
These Standards have the official approval of the Association and the Union. They are
subject to the approval of the Registration Agency.
70
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
These Standards may be revised by the parties to the Collective Bargaining Agree-
ment subject to the approval of the Registration Agency. No such modifications or changes
shall affect executed Apprenticeship Agreements without the written consent of all parties to
the Agreement. Any such amendment of modification will be submitted to the Committee for
approval and will then be submitted to the Registration Agency.
The Committee will have full authority to supervise the enforcement of these Stan-
dards. Its decision will be final and binding on the employer, the union, and the apprentice,
unless otherwise noted below.
For issues regarding wages, hours, working conditions, and other issues covered by
the Collective Bargaining Agreement, Apprentices may seek resolution through the applica-
ble Grievance and Arbitration procedures contained in the Articles of the Collective Bar-
gaining Agreement.
The Committee will hear and resolve all complaints of violations concerning the Ap-
prenticeship Agreement, and the registered Apprenticeship Standards, for which written no-
tification is received within fifteen (15) days of violations. The Committee will make such
rulings as it deems necessary in each individual case and within thirty (30) days of receiv-
ing the written notification. Either party to the Apprenticeship Agreement may consult with the
Registration Agency for an interpretation of any provision of these Standards over which dif-
ferences occur. The name and address of the appropriate authority to receive, process
and make disposition of complaints is: The Director of Training, Local 669 Joint Apprentice-
ship and Training Committee, 7050 Oakland Mills Road, Suite 100, Columbia, Maryland
21046.
Any Apprentice or applicant for apprenticeship who believes that he/she has been
discriminated against on the basis of race, color, religion, national origin, or sex, with regard
to apprenticeship or that the equal opportunity standards with respect to his/her selection
have not been followed in the operation of an apprenticeship program, may personally or
through an authorized representative, file a complaint with the Registration Agency or, at the
apprentice or applicant’s election, with the private review body established by the program
sponsor (if applicable).
71
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
The complaint will be in writing and will be signed by the complainant. It must include
the name, address, and telephone number of the person allegedly discriminated against,
the program sponsor involved, and a brief description of the circumstances of the failure to
apply equal opportunity standards.
The complaint must be filed not later than one hundred eighty (180) days from the
date of the alleged discrimination or specified failure to follow the equal opportunity stan-
dards, and in the case of complaints filed directly with the review body designated by the pro-
gram sponsor to review such complaints, any referral of such complaint by the complainant
to the Registration Agency must occur within the time limitation stated above or thirty (30)
days from the final decision of such review body, whichever is later. The time may be ex-
tended by the Registration Agency for good cause shown.
The Committee will provide written notice of their complaint procedure to all appli-
cants for apprenticeship and all apprentices.
The Committee may transfer an Apprentice from one employer to another to provide
continuous employment and to assure the Apprentice more complete on-the-job learning
experience in all aspects of the occupation.
Where it is found impossible for one Employer to provide the diversity of experience
necessary to give the Apprentice all-around training in the trade, the Committee may trans-
fer the Apprentice temporarily or permanently, to another Employer, in which case the Em-
ployer to whom the Apprentice is assigned will assume all obligations of the original
Employer, but in no case shall an Apprentice be transferred to a shop where there is a labor
dispute.
(b) Respect the property of the Employer and abide by the working rules and reg-
ulations of the Employer, the Local Union, and the Committee.
(c) Complete satisfactorily the required instruction in subjects related to the trade,
as provided under these registered Standards.
(d) Maintain such records of on-the-job training and related instruction as may be
required by the Committee.
(e) Develop safe working habits, and work in such manner as to assure their safety
and that of other workers.
(f) Conduct themselves at all times in a credible, ethical, and moral manner.
Technical Assistance such as that from the United States Department of Labor, Office
of Apprenticeship, State Apprenticeship Agencies, and vocational schools may be requested
to advise the Committee.
This schedule is attached hereto and made a part of these Revised National Stan-
dards of Apprenticeship developed by the National Automatic Sprinkler Industry Local Union
669 Education Fund.
1. TERM OF APPRENTICESHIP
The term of Apprenticeship shall consist of five (5) years, with an OJL attainment of
10,000 OJL Hours supplemented by the required hours of related instruction. The Appren-
tice shall serve and complete the Apprenticeship with the Employer to whom apprenticed ex-
cept as herein provided.
Employers employing Apprentices under the terms and conditions of these Standards
shall be allowed one (1) Apprentice for each Journeyperson. No Apprentice may be em-
ployed on a job where there are no Journeymen employed.
73
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Each Employer shall report semi-annually on January 1 and July 1 to the Committee
the number of Journeypersons and Apprentices working for them.
The work experience schedule below is to be used as a guide to the various types of
work to be performed and the basic skills to be learned.
It is understood and agreed that adoption of the foregoing Apprentice wage structure
shall not result in a decrease in the wage rate of any existing Apprentice.
Notwithstanding the percentages above, the total of the wage rate plus any SIS
contributions for the Apprentice shall be a minimum of the applicable state, local or Federal
minimum wage.
Effective upon ratification of this agreement, through December 31, 2016, NASI
Health and Welfare contributions shall be made on behalf of Class 1 and 2 Apprentices at
74
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Seven Dollars and Forty-Five Cents ($7.45) per hour for Level 2 coverage. This amount
shall include Seven Dollars and Eight Cents ($7.08) for Level 2 NASI Health and Welfare
benefits and Thirty-Seven Cents ($0.37) per hour for RESA.
Effective January 1, 2017, NASI Health and Welfare contributions for Level 2 cover-
age shall be Seven Dollars and Sixty Cents ($7.60) per hour. This amount shall include
Seven Dollars and Eight Cents ($7.08) per hour for Level 2 coverage and Fifty-Two Cents
($0.52) per hour for RESA.
Effective January 1, 2018 and through the remainder of this agreement, NASI Health
and Welfare contributions for Level 2 coverage shall be Seven Dollars and Seventy-Five
Cents ($7.75) per hour. This amount shall include Seven Dollars and Eight Cents ($7.08)
per hour and Sixty-Seven Cents ($0.67) per hour for RESA.
Effective April 1, 2016, NASI Health and Welfare contributions will be made as re-
quired in Article 19 for Class 3 through 10 Apprentices.
Education and Industry Promotion Fund contributions shall be made on behalf of Ap-
prentices as required by Articles 21 and 22 of this Agreement.
Effective April 1, 2016, NASI Pension Fund contributions will be made for all hours
worked by all Apprentices except for Class 1 and 2 Apprentices.
For Apprentices indentured on or after April 1, 2010 and prior to April 1, 2013, S.I.S.
Fund contributions shall be required for all hours worked by Class 1 through 10 at the rate
per the JATC S.I.S. chart in addition to their wages.
Effective April 1, 2016, there shall be no S.I.S. Fund contributions required for Class
1 and 2 Apprentices. For Apprentices Class 3 and 4 the S.I.S. rate shall be Twenty-Five
Cents ($0.25) per hour in addition to their wages. Class 5 through 10 Apprentices, where
the Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contri-
bution shall be Twenty-Five Cents ($0.25) per hour worked in addition to wages. Class 5
through 10 Apprentices, where the Journeyman S.I.S. contribution is greater than Two Dol-
lars ($2.00) per hour, the S.I.S. contribution shall be Fifty Cents ($0.50) per hour worked in
addition to wages.
Effective April 1, 2017, for Apprentices Class 3 and 4 the S.I.S. rate shall be Forty
Cents ($0.40) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Forty Cents ($0.40) per hour worked in addition to wages. Class 5 through 10
Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00) per
hour, the S.I.S. contribution shall be Sixty-Five Cents ($0.65) per hour worked in addition to
wages.
75
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Effective April 1, 2018, for Apprentices Class 3 and 4 the S.I.S. rate shall be Sixty-Five
Cents ($0.65) per hour in addition to their wages. Class 5 through 10 Apprentices where the
Journeyman S.I.S. contribution is Two Dollars ($2.00) per hour or less, the S.I.S. contribu-
tion shall be Sixty-Five Cents ($0.65) per hour worked in addition to wages. Class 5 through
10 Apprentices where the Journeyman S.I.S. contribution is greater than Two Dollars ($2.00)
per hour, the S.I.S. contribution shall be Ninety Cents ($0.90) per hour worked in addition to
wages.
In any event, the employer shall not employ more than one (1) Apprentice per each
Journeyman, establishing a 1:1 ratio of Apprentices to Journeyman.
Parties to the Apprenticeship Agreement may consult with the Office of Apprenticeship
for an interpretation of any provision of the Standards over which differences occur.
A brief description of each course in the Sprinkler Fitter Apprentice Training Program
is provided here. This list of courses is subject to change as courses are revised and new
courses are added. An Apprentice who enters the apprenticeship program with advanced
standing may not be required to complete the entire sequence of courses.
The course includes the textbook Job Safety and Health for the Piping Industry, and
covers the Occupational Safety and Health Act, safe use of tools, workplace hazards such
as falls, fires and radiation, as well as how to protect yourself from these dangers. The course
teaches the Apprentices about their right to work in an environment free of recognized haz-
ards and provides information on what to do if that right is in doubt.
Your Heritage and Future in the Pipe Trades - 6 lessons, no final exam; computer
graded.
The Apprentice is taught safety precautions as well as the care and uses of pipe
76
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
wrenches, vises, pipe cutters, reamers, power equipment, tools for fabricating tubes, layout
and measuring tools, screw-drivers, pliers, hammers, saws, files, punches, chisels, drills and
bores, screw threads, ladders, scaffolds, and hoists, are covered.
Basic Drawing for the Sprinkler Fitter - 11 lessons, final exam; instructor graded.
The Apprentice is introduced to blueprint reading, multi-view drawings, size and lo-
cation dimensioning, scales, sketches and isometric drawings.
This course presents the history of sprinkler systems, building preparation, funda-
mentals of sprinkler installation, testing and flushing, and causes of the failure of sprinkler
systems to operate properly. Fire insurance companies and related organizations are dis-
cussed.
This course teaches the Apprentice how to read sprinkler-piping drawings, including
conventional symbols, and the standard types of drawings used by the sprinkler industry are
explained.
This course teaches the Apprentice mathematical concepts such as how to use a TI-
36x calculator in solving problems of sprinkler system installation.
This course includes the textbook, Installation of Sprinkler Systems, by the National
Fire Protection Association, and a video. The course instructs the Apprentice on regulations
governing design, installation, and testing of systems as well as on piping and related ma-
terial, sizes, arrangement, and connections to fire department.
This course teaches the Apprentice about construction, operation, water distribution,
discharge capacities, temperature rating, life, corrosion, and maintenance of automatic
sprinklers. In addition, the Apprentice learns about the various types of sprinklers and their
uses.
77
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Architectural Working Drawings for Sprinkler Fitters - 11 lessons, final exam;
graded by the instructor.
This course teaches the Apprentice how to read working drawings used in the build-
ing trades. Various types of drawings are discussed. A major portion of the course is de-
voted to detailed study of a set of working drawings.
Blueprint Reading for the Sprinkler Fitter - 11 lessons, final exam. Lessons 1 and
2 are graded by the instructor; the remaining lessons are computer graded.
This course teaches the Apprentice simple sketching and reading of isometric draw-
ings, piping and equipment symbols and nomenclature, flow-sheets, orthographic drawings,
and construction blueprints. Nine lessons of this course are devoted to the reading of very
detailed drawings of a coal-fired electric power plant.
This course teaches the Apprentice about the various types of sprinkler water supply,
fire pumps, gravity tanks, pressure tanks, and embankment tanks. Tank foundations, pipe
connections, fittings, and heating equipment are described. Information on vertical-shaft tur-
bine pumps, electric and engine valve controls, and diesel engine drives is included.
This course teaches the Apprentice about the similarities and differences among the
various types of fire protection, including wet-pipe systems and antifreeze solutions, dry-
pipe systems, pre-action systems and deluge systems, systems with non fire-protection con-
nections, combined sprinkler-standpipe systems, foam-water systems, and both high- and
low-pressure carbon dioxide systems.
This is a technical course in which the Apprentice deals specifically with rate-of-rise
systems and pilot line actuated systems. Although all aspects of such systems are not con-
sidered in this course, the Apprentice should be able to work with any system he or she may
encounter.
Hydraulics for the Sprinkler Apprentice - 5 lessons, final exam; computer graded.
This course teaches the Apprentice about pressure, total force, specific gravity, spe-
cific density, pressure generation, flow rate, sprinkler system design, pressure losses, and
calculated systems.
78
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Sprinkler System Alarms - 5 lessons, final exam; computer graded.
This course teaches the Apprentice about alarm check-valve and retarding cham-
bers, waterflow indicators, alarms for dry-pipe, pre-action, and deluge systems, waterflow
switches, water motor alarms, protective signaling systems, fire-sensitive devices, and
supervision of sprinkler systems.
In this course, the Apprentice reviews the economics of the sprinkler industry. Some
of the topics covered are capital, labor, management, the profit motive, cost accounting,
overhead, investment, assets, depreciation, income, profit, break-even points, estimating, fi-
nancing, interest, corporations, and partnerships.
This course acquaints the Apprentice with the basics of human behavior in the
workplace. Topics covered are the duties and responsibilities of the foreman, planning
the work, the foreman’s responsibility for training, giving orders, directions, and sugges-
tions properly, keeping records and writing reports, operational costs, other phases of
communications, safety, improving work methods and procedures, and getting the job done
right.
This course teaches the Apprentice good practices for recordkeeping and reporting.
Through the course, the Apprentice learns why written reports are required, the character-
istics of a good report, and how to fill in typical report forms such as accident reports and daily
time and material reports.
SECTION I - PREAMBLE
In order to conform with Title 29, Code of Federal Regulations (CFR) Part 30 - Equal Em-
ployment Opportunity in Apprenticeship, the Local 669 Joint Apprenticeship and Training
Committee, hereinafter referred to as the “JATC”, enters this Plan with good faith for the pur-
pose of promoting equality of opportunity into its registered Apprenticeship Program. The
JATC seeks to increase the recruitment of qualified women and minorities for possible se-
lection into the Apprenticeship Program in the event females and/or minorities are underuti-
lized in the Apprenticeship Program.
This Plan is a supplement to the Local 669 JATC Apprenticeship Standards. Any changes
to the Standards made by the JATC shall become part of this written Plan, once approved
by the Office of Apprenticeship, U.S. Department of Labor.
79
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
SECTION II - EQUAL EMPLOYMENT OPPORTUNITY PLEDGE
The recruitment, selection, employment, and training of apprentices during their appren-
ticeship shall be without discrimination because of race, color, religion, national origin, or
sex. The sponsor will take affirmative action to provide equal opportunity in apprenticeship
and will operate the apprenticeship program as required under Title 29 of the Code of Fed-
eral Regulations Part 30.
In order to allow positive recruitment and full utilization of minorities and women in the ap-
prenticeship program, the JATC pledges to undertake the outreach efforts listed in Section
IV. The purpose of the analysis is to determine the minority and women’s labor force in the
JATC labor market area. Once the labor force is determined, the JATC can determine if de-
ficiencies exist in terms of underutilization of minorities and/or women in the occupations
registered with the Registration Agency.
1. Every six (6) months, the Compliance Officer will send to community outreach organiza-
tions and facilities which can assist in securing qualified minority and female applicants,
throughout the area of the country covered by the Apprenticeship Standards between the
Union and the National Fire Sprinkler Association announcements of apprenticeship oppor-
tunities and information concerning signatory contractors operating within the outreach or-
ganizations geographical area.
2. In addition to the notifications to minority groups and female referral organizations refer-
enced above, the Compliance Officer will semi-annually notify the following:
a. The Office of Apprenticeship and the State Apprenticeship Council (SAC) (if appli-
cable) representatives serving the program.
b. One-Stop Centers
3. The JATC, Compliance Officer, and Contractors may take additional affirmative actions
such as participation in workshops for school and employment service counselors, and co-
operating and consulting with secondary and vocational administrators on the transition of
students from school to apprenticeship openings. The Compliance Officer is to receive writ-
ten notification of such efforts made by Contractors.
The JATC Office will make an annual review of its Affirmative Action Plan and its overall effec-
tiveness and institute any revisions or modifications warranted. The review shall analyze (in-
dependently and collectively) the affirmative action steps taken by the JATC for evaluating the
positive impact, as well as the adverse impact in the areas of Outreach and Recruitment, Se-
80
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
lection Employment and Training. The JATC will work diligently to identify the cause and effect
that results from their affirmative action measures. The JATC will continually monitor these
processes in order to identify the need for a new affirmative action effort and/or deletion of in-
effective existing activity. All changes to the Affirmative Action Plan must be submitted to the Reg-
istration Agency for registration. The JATC will continually monitor the participation rates of
minorities and women in the apprenticeship program in an effort to identify any type of under-
utilization. If underutilization exists, corrective action will be immediately implemented.
SPONSOR’S GOALS:
The sponsor agrees to make good faith efforts to attain the goal of selecting n/a % minori-
ties and eight percent (8%) women during the next year or hiring period. These goals shall
not be used to discriminate against any qualified applicant on the basis of race, color, reli-
gion, national origin or sex.
(c) Must be physically capable of performing the essential functions of the apprenticeship
program with or without a reasonable accommodation, and without posing a direct threat to
the health and safety of the individual or others.
Applicants may be subject to a physical agility or fitness test, or screened for the current il-
legal use of drugs or both on acceptance into the program and prior to being employed. (Ap-
plicants after being selected but before being assigned to an Employer shall undergo a
medical examination to establish physical fitness).
(d) Must have military discharge under other than dishonorable conditions, if applicable, and
show evidence of same.
SECTION I - DEFINITIONS
Applicant Log: A daily log reflecting the name, status, date, and disposition of applications
for apprenticeship positions furnished by or submitted to each contractor.
81
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Contractor: Any employing unit which is a contractor member of the National Fire Sprinkler
Association or any other employing unit subject to a collective bargaining agreement be-
tween United Association Road Sprinkler Fitters Local Union 669 and the National Fire Sprin-
kler Association and required thereby to make periodic payments to the Education Fund.
Director of Apprenticeship: The agent of the Joint Apprenticeship and Training Committee
(JATC) or designated person to perform the duties stated in the Standards of Apprenticeship.
Compliance Officer: The national coordinator of the JATC’s outreach and record keeping re-
sponsibilities.
Monthly Applicant Report: A monthly report submitted by each contractor to the Compliance
Officer detailing the name, date and disposition of applications for apprenticeship positions.
Monthly Activity Report: A monthly report submitted by each contractor to the Director of Ap-
prenticeship describing the on-the-job experience and Related Instruction for each appren-
tice.
Year Round Enrollment: An application process whereby contractors will accept applications
five days a week, except holidays, fifty-two weeks per year, between the hours of 9:00 A.M.
and 11:30 A.M. and 1:30 P.M. and 3:00 P.M. Completed applications received will be kept on
file until the contractor determines the need to create a ranked applicant pool for future ap-
prenticeship opportunities.
1. All contractors participating in the JATC’s program of training and education shall utilize
year round enrollment as their exclusive means of selecting Class 1 Apprentices.
When the employer gives favorable consideration to apprentices referred from the
Union, of if the Union is unable to refer qualified Apprentices within seventy-two (72) hours,
the restrictions below will not apply.
In any event, the employer shall not employ more than one (1) Apprentice per each
Journeyman, establishing a 1:1 ratio of Apprentices to Journeyman.
No new Apprentice may be hired when unemployment exceeds two (2) Journeyperson or Ap-
prentices, within 100 miles of the applicant’s home residence, or eight percent (8%) of the
total of Journeyperson and Apprentices, within 100 miles of the applicant’s home residence
(whichever is greater). For the purposes of determining the actual availability of qualified
Journeyperson and Apprentices in a given area, the Union will maintain a list of unemployed
Journeymen and Apprentices. Said list shall be updated on a weekly basis and will be made
available to the JATC upon request, but shall not be used for any purpose other than the fore-
82
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
going. The Chairman and Secretary of the Committee will approve or reject applications for
new Apprentices based upon the above-referenced list. If unemployment within the District
of the applicant’s home address exceeds eight percent (8%) or ten (10) Journeymen and Ap-
prentices, whichever is greater, the Employer may not hire a new Apprentice for ninety (90)
days after the Committee notifies the Union of the request for an Apprentice, or until the per-
cent no longer exceeds eight percent (8%) or ten (10) Journeyperson and Apprentices within
the District of the applicant’s home address.
At the expiration of ninety (90) days, the Employer may hire three (3) new Apprentices in that
District regardless of unemployment and, thereafter, if the eight percent (8%) ten (10) Jour-
neyperson/Apprentices unemployment continues, the Employer shall hire one (1) unem-
ployed Journeyperson or Apprentice from the Union’s national unemployment list for every
new Apprentice hired during that time frame.
At the expiration of ninety (90) days, the Employer may make a second request for appren-
tices and, if the eight percent (8%)/ten (10) Journeyperson/Apprentice unemployment con-
tinues, the Employer may, after the expiration of the second ninety (90) day period, hire three
(3) new Apprentices in that District regardless of unemployment and, thereafter, if such un-
employment continues, the Employer shall hire one (1) unemployed Journeyperson or Ap-
prentice from the Union’s National Unemployment List for each new Apprentice hired during
that time frame.
Under these requirements, the Employer may hire a maximum of six (6) Apprentices in any
calendar year in any District where the eight percent (8%)/ten (10) Journeyperson/Appren-
tice unemployment continues to exist. Within fifteen (15) calendar days of the hiring of a new
Apprentice, any layoff by the Employer within one hundred (100) miles of that Apprentice’s
home address shall include the new Apprentice.
If the newly employed Apprentice is terminated by the Employer for ‘’just cause” or quits,
the Employer shall have the right to replace that apprentice.
For the purposes of determining the actual availability of qualified Journeyperson and Ap-
prentices in a given area, the Union will maintain a list of unemployed Journeyperson and
Apprentices. Said list shall be updated on a weekly basis. Said list will be made available to
the Committee upon request, but shall not be used for any purpose other than the forego-
ing. The Chairman and Secretary of the Committee will approve or reject applications for
new Apprentices based upon the above-referenced list.
The Director of Apprenticeship will provide a list of Apprentice Applications for approval on
Friday of each week (if applicable) to the Chairman and Secretary of the JATC. The Union
will respond to the list, received on Friday, the following Monday.
3. Contractors being entitled to and desiring an Apprentice shall make application for said Ap-
prentice to the Committee. The Contractor shall agree that the Apprentice will be worked
under such conditions as will result in normal advancement and that the Contractor will co-
operate in seeing that the Apprentice does the requisite amount of study and on-the-job train-
83
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ing as prescribed by the Committee. The Contractor shall also agree that the Apprentice will
not be employed in a manner that may be considered as unfair to either party to these Stan-
dards and, further, the parties agree to maintain their existing procedures and rules, as de-
termined by the Committee, with respect to administration of the Apprenticeship Program. In
the event there are Apprentices available who have had their employment terminated by
some other member Contractor, such Apprentice will be placed before new Apprentices are
hired.
4. Contractors shall maintain an applicant log, showing the status and final disposition of the
applicant, copies of which shall be sent on a regular basis to the Compliance Officer.
5. Every person requesting an application shall be recorded on the applicant log and shall
be furnished an application package which will include:
a. Apprenticeship Application.
6. Individuals receiving applicant packages shall return to the contractor the completed in-
formation, including copies of the applicant’s birth certificate, high school diploma or G.E.D.
Certificate and Military Discharge (Form DD-214) if applicable, in no more than forty-five
(45) days. Any individual, who fails to return the information after forty-five days, shall be
noted on the applicant log as being ineligible for consideration at this time.
Any individual who meets the eligibility requirements and who returns a completed package
within forty-five (45) days of its receipt shall be considered an applicant and eligible for in-
terview.
7. Interviews shall be conducted at the discretion of the contractor. When there is an exist-
ing pool of applicants, no interviews shall be conducted with less than seven (7) days notice,
via certified mail, to all eligible applicants. A new ranked list is required including
unsuccessful applicants, who will be slotted in wherever their rating score places them for a
period of two (2) years, unless the applicant has been removed from the list by their own writ-
ten request or following failure to respond to an apprenticeship opening. Applicants not
placed during the two (2) year period who were on the ranked list will be required to reap-
ply.
8. Notices shall also be sent to applicants who have previously been interviewed and ranked,
advising them of the opportunity to re-interview, provided they can demonstrate tangible
evidence of activities which have enhanced their qualifications for the job.
9. In the event any applicant fails to respond to said notices, they shall be notified by certi-
fied mail and removed from the pool of applicants and notation of such shall be made on the
Monthly Applicant Report.
84
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
10. Interviews shall be conducted by a committee consisting of at least two individuals.
11. Each interview session shall be scheduled to provide time to adequately cover each in-
terview grading area.
12. The interview committee shall have in its possession for review with regard to each
applicant: Application Form, High School Diploma or G.E.D. Certificate, Military Discharge
(Form DD-214) if applicable, and proof of birth date.
13. After a brief introduction, the committee will ask questions of the applicant with the pur-
pose of finding out as much as possible about the applicant as an individual and about the
applicant’s ability to perform in the apprenticeship program.
14. Questions for the interview and for purposes of evaluation will be on topics related to job
performance to determine ability to perform job, such as: work experience, education record,
mechanical abilities, and motivation.
15. Evaluation must be based on a standard of industry needs, and not by a comparison with
other applicants.
16. Adequate records shall be kept including a brief summary of each interview and the con-
clusions on each of the specific factors, e.g. motivation, ambition, and willingness to accept
direction which are part of the total judgment.
1. The Contractor shall notify, via certified mail, all individuals interviewed of the results of the
interview, including their score and ranking. A numerical ranking of 1 shall be the highest
ranking, followed by 2, 3, 4, etc.
2. From the individuals interviewed, the contractor shall select in numerical order the appli-
cants sufficient to meet its employment needs.
3. Applicants not selected shall remain on the ranked list for a period of two (2) years, un-
less removed in accordance with Section II, number 8 or 10 of this procedure.
4. An applicant selected by the contractor for entry into the Apprenticeship Program, shall,
be scheduled for an examination and completion of the Medical Form. After the applicant
passes the physical examination and drug test, the contractor will forward the documents to
the Compliance Officer and retain a copy for the applicant’s file.
6. Veterans who completed military technical training school and participated in a registered
apprenticeship program, or completed military technical training school in a recognized ap-
prenticeable occupation, during their military service, may be given direct entry into the ap-
prenticeship program.
The Program Sponsor will evaluate the military training and on-the-job learning experience
received for the granting of appropriate credit on the term of apprenticeship and the appro-
priate wage rate.
Credit will be granted in accordance with that section identified in the Registered Appren-
ticeship Program Standards as “Credit for Previous Experience”. The request for credit will
be evaluated and a determination made by the Program Sponsor during the probationary pe-
riod when actual on-the-job learning and related instruction performance can be examined.
Prior to completion of the probationary period, the amount of credit to be awarded will be de-
termined after review of the apprentice’s previous work and training/education record and
evaluation of the apprentice’s performance, skill and knowledge demonstrated during the
probationary period. An apprentice granted credit shall be advanced to the wage rate des-
ignated for the period to which such credit accrues.
Apprentice applicants seeking credit for previous experience gained outside the supervision
of the program sponsor must submit such request at the time of application and furnish such
records, affidavits, and other (insert local requirements) to substantiate the claim.
Entry of veterans will be done without regard to race, color, religion, national origin, or sex.
1. All records required for the operation and administration of this Affirmative Action Plan
shall be maintained for a period of five (5) years from the time of the last action at the con-
tractor’s and Compliance Officer’s address.
2. Records maintained by the contractor shall be available for inspection and review by the
Compliance Officer at such times and under such conditions as the Officer in his or her dis-
cretion determines.
When a Contractor discharges an Apprentice, the Contractor shall immediately notify the
Committee in writing, giving the name of the Apprentice and the reason for discharge. Dis-
position of such an Apprentice shall be made by the Committee within sixty (60) days of re-
86
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
ceipt of notice of discharge. Apprentices shall have the right to request an appearance be-
fore the Committee concerning specific issues or matters dealing with their Apprenticeship
Agreement. Such requests shall be in writing. In case of dissatisfaction between the Con-
tractor and the Apprentice, either party has the right and privilege of appeal to the Commit-
tee for such action and adjustment of such matters as come within the Standards.
For issues regarding wages, hours, working conditions, and other issues covered by the
Collective Bargaining Agreement, Apprentices may seek resolution through the applicable
dispute settlement provisions of that Agreement after first bringing documented evidence to
the Committee.
The Committee shall hear and consider all complaints of violations concerning the Appren-
ticeship Agreement and the registered Apprenticeship Standards. Either party to the Ap-
prenticeship Agreement may consult with the Office of Apprenticeship for an interpretation
of any provision of the Standards over which differences occur.
Any Apprentice or applicant for Apprenticeship who believes they have been discriminated
against on the basis of race, color, religion, national origin or sex with regard to Apprentice-
ship, or that the equal opportunity standards with respect to their selection have not been fol-
lowed in the operation of the Apprenticeship Program, may contact directly personally or
through an authorized representative, to file a compliant with the Registration Agency or, at
the apprentices or applicant’s election, with the private review body established by the local
JATC (if applicable).
Complaints to the U.S. Department of Labor, which may be filed by the Apprentice or through
an authorized representative of the Apprentice, must be filed not later than one hundred
eighty (180) days from the date of the alleged discrimination or specified failure to follow the
equal opportunity standards. The complaint shall be in writing and shall be signed by the
complainant. It must include the name, address, and telephone number of the person al-
legedly discriminated against, the Program Sponsor involved, and a brief description of the
circumstances of the failure to apply the equal opportunity standard.
Complaints of harassment in the apprenticeship program may be filed and processed under
Title 29, CFR Part 30, and the procedures as set forth above.
The JATC will provide written notice of their complaint procedure to all applicants for ap-
prenticeship and all apprentices.
87
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
AGREEMENT
*****
WHEREAS, the Union has competent and skilled Journeymen and Apprentice
Sprinkler Fitters;
(1) That the Employer and the Union mutually agree to be bound by the terms
and conditions of the Agreement between National Fire Sprinkler Association, Inc. and
the Road Sprinkler Fitters and Apprentices Local Union 669, dated and effective April
1, 2016, and all addendums and supplements thereto, copy of which is attached hereto
and made a part hereof, the same as if the Employer and the Union were parties
thereto; and the Employer and the Union herewith adopt said Agreement as and for
their contract of employment and that all the Journeymen Sprinkler Fitters and their Ap-
prentices hired by the Employer are to be employed according to the terms and condi-
tions of employment contained in said Agreement.
(2) The Employer and Union do further agree to be bound by the Declarations
and Trust establishing a Local Union 669 Health and Welfare Fund and separate
Education Fund made between the National Automatic Sprinkler Fitters and Appren-
tices Local Union 669, dated the 2nd day of April, 1953, and separate Pension Fund
dated the 1st day of April, 1957, and the Supplemental Pension Fund dated January 25,
1978, and the Employer agrees to be bound thereby and by all amendments made
thereto the same as if the Employer and the Union were parties to said Declaration of
Trust.
(3) The Employer further agrees to make the necessary financial contributions to
the Local Union 669 Health and Welfare Fund and Education Fund and Pension Fund
as required by the Collective Bargaining Agreement effective April 1, 2016, and the said
Declarations of Trust. The Employer hereby authorizes the parties to name Trustees and
successor Trustees to administer the Health and Welfare Trust Fund and Education
Trust Fund and Pension Trust Fund, and hereby ratifies and accepts such Trustees and
the terms and conditions of the Trust as if fully made by the Employer and the Union to-
gether.
88
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
FOR THE EMPLOYER: FOR THE UNION:
By_______________________ By_________________________
Sign Here Business Manager
7050 Oakland Mills Road #200
_________________________ Columbia, MD 21046
Print Here PHONE: (410) 381-4300
FAX: (301) 621-8045
_________________________
Title
_________________________
Address
_________________________
City, State & Zip
_________________________
Telephone (include area code)
_________________________
Fax Number (include area code)
_________________________
89
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
— NOTES —
90
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
— NOTES —
91
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
— NOTES —
92
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Covering Rules, Regulations
& Working Conditions
Apprenticeship Standards
2016 -2021
Sprinkler Large Agreement 2016-21 Cover 4-C 17x11 10.indd 1 6/2/16 8:49 AM
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
CAPITOL AVENUE
CAPITOL AVENUE
WASHINGTON STREET
Owner &
GILBANE
Construction Office
Office Trailer Complex
STREET
STATE OFFICE
BUILDING
Building
Lay Down
Area
WEST
Temp Const.
Conc. Barrier
B U C K I N G HS A
BUCKINGHAM
M STREET
TREET BUCKINGHAM STREET
BUCKINGHAM STREET
LEGEND
Existing
Temporary
T
REE
Construction
N ST
SCOPE:
WASH
drawing title
Construction Logistics
08.04.2016
01.31.2017
50% DESIGN DEVELOPMENT
100% DESIGN DEVELOPMENT
project