Download as pdf or txt
Download as pdf or txt
You are on page 1of 1038

GILBANE PROJECT MANUAL

GILBANE JOB NO. J06930.000

State of Connecticut
State Office Building Renovation
and
New Parking Garage
State Project No. BI-2B-381 CMR
165 Capitol Avenue
Hartford, CT

October 10, 2017


Volume 1 of 1

Owner Construction Manager Architect


State of Connecticut Gilbane Building Company Amenta|Emma Architects, PC
Department of Administrative Services 208 New London Turnpike 242 Trumbull Street
450 Columbus Boulevard Glastonbury, CT 06033 Hartford, CT 06103
Hartford, CT 06106
Section 00 01 10.1

GILBANE PROJECT MANUAL


GILBANE JOB NO. J06930.000

State of Connecticut
State Office Building Renovation
and
New Parking Garage
State Project No. BI-2B-381 CMR
165 Capitol Avenue
Hartford, CT

October 10, 2017


Volume 1 of 1

Owner Construction Manager Architect


State of Connecticut Gilbane Building Company Amenta|Emma Architects, PC
Department of Administrative Services 208 New London Turnpike 242 Trumbull Street
450 Columbus Boulevard Glastonbury, CT 06033 Hartford, CT 06103
Hartford, CT 06106

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

Section Title Date


00 01 10.1 Cover Page October 10, 2017
00 01 10.2 Table of Contents October 10, 2017
00 11 13 Advertisement for Bids / Invitation to Bid October 10, 2017
00 21 13 General Instructions to Bidders October 10, 2017
00 31 13.1 Advanced Planning & Scheduling January 3, 2017
00 31 13.2 Project Schedule Run Date June 29, 2017
00 42 26-14A-R2 Bid Package 14A-R Parking Garage Elevators Bid Form October 10, 2017
00 42 26-31B-R Bid Package 31B-R Parking Garage Site Concrete, Paving and Curbs October 10, 2017
00 45 13 Qualification / Prequalification of Bidders January 3, 2017
00 45 13.1 AIA Document A305-1986 January 3, 2017
00 52 26 Sample Contract for Trade Contractor January 3, 2017
00 61 13 Performance Bond and Material and Labor Payment Bond Forms January 3, 2017
00 62 90 Project Start-up / Billing Instructions January 3, 2017
00 62 90.1 Material Status Report January 3, 2017
00 62 90.2 Contractor’s Sworn Statement January 3, 2017
00 62 90.3 Sub-Sub Waiver of Lien – Interim January 3, 2017
00 62 90.4 Supplier’s Waiver of Lien – Interim January 3, 2017
00 62 90.5 Small and Minority Business Enterprise Participation Affidavit January 3, 2017
00 62 90.6 Bill of Sale of Personal Property January 3, 2017
00 62 90.7 Schedule “A” Bill of Sale January 3, 2017
00 62 90.8 Textura Instructions & Fee Schedule January 3, 2017
00 72 26 General Conditions for Trade Contractor Agreements January 3, 2017
00 73 16.1 Contractor Controlled Insurance Program Special Instructions to Bidders March 13, 2017
00 73 16.2 Contractor Controlled Insurance Program Contractors Insurance Procedure Manual June 30, 2017
00 73 19 Project Safety Plan January 3, 2017
00 73 46.1 Prevailing Wage Rates January 3, 2017
00 73 46.2 Executed Project Labor Agreement March 20, 2017
00 80 01 Quality Plan January 3, 2017
00 90 00 Garage Site Logistics Plan July 6, 2017

State Office Building Renovation 00 01 10.2-1 Gilbane Job No. J06930.000


New Parking Garage Table of Contents October 10, 2017
Section 00 11 13

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:

Bid Package Name & Number DAS Prequalification


Classification
14A-R2 Parking Garage Elevators Elevators
31B-R Parking Garage Site Concrete, Paving & Curbs Prequal Not Required

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.

State Office Building Renovation 00 11 13-1 Gilbane Job No. J06930.000


New Parking Garage Advertisement for Bids October 10, 2017
7. Sets of the plans and specifications must be ordered and reserved prior to pick-up and may be obtained at Burke
Reprographics LLC, 504 Skokorat Road, Beacon Falls, CT 06403, CT (203.592.5714 or brian@burkereprographics.com).
The purchase price for the project documents is non-refundable. Plans and specifications may be downloaded free of
charge from ftp://files.gilbanetech.com, enter username: CTSOB and password: Gilbane The bid documents for the above
bid packages can be found in the folder labeled “Parking Garage Balance of Bid Packages Bid Documents”.

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

State Office Building Renovation 00 11 13-2 Gilbane Job No. J06930.000


New Parking Garage Advertisement for Bids October 10, 2017
Section 00 21 13

GENERAL INSTRUCTIONS TO BIDDERS


FOR
STATE OFFICE BUILDING RENOVATION
NEW PARKING GARAGE
STATE PROJECT NO. BI-2B-381 CMR
GILBANE JOB NO. J06930.000

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.

2. RECEIPT OF CONTRACT DOCUMENTS:

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.

4. EXAMINATION OF SITE AND CONTRACT DOCUMENTS:

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.

D. The Contract Documents (bid package) include the following:


1. Bid Form
2. General Instruction to Bidders

State Office Building Renovation 00 21 13-1 Gilbane Job No. J06930.000


New Parking Garage General Instructions to Bidders October 10, 2017
3. Sample Contract Between Construction Manager and Trade
4. General Conditions for Trade Contractor Agreements
5. Gilbane Building Company Safety Plan
6. Gilbane Building Company Quality Plan
7. State of Connecticut Department of Labor Wage and Workplace Standards
Division Minimum Rates and Classifications.
8. Non Resident Contractors Tax Status Requirements
9. Technical Specifications as Listed
10. Drawings as Listed
11. Supplements (when issued)
12. Pre-Bid Conference Meeting Minutes (when issued)

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:

A. Bid Forms shall be complete without alterations, erasures, corrections or qualifications.

State Office Building Renovation 00 21 13-2 Gilbane Job No. J06930.000


New Parking Garage General Instructions to Bidders October 10, 2017
B. Bids containing conditions, omissions, alterations, items not called for, or irregularities of
any kind, may be rejected for failure to comply with the requirements stated herein.

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.

.1 Statement of Variances: A statement of variances must list all features of the


proposed Substitution which differ from the Drawings, Specifications and/or
product(s) specified and must further certify that the Substitution has no other
variant features. A request will be denied if submitted without sufficient
evidence.

.2 Substitution Denial: Any Substitution request not complying with the above
requirements will be denied. Substitution request sent after the deadline

C. Where appropriate, interpretations will be confirmed by bid supplement to all plan


holders. Information received from other than a published Supplement is not to be
included in the bid response.

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.

State Office Building Renovation 00 21 13-3 Gilbane Job No. J06930.000


New Parking Garage General Instructions to Bidders October 10, 2017
9. ACCEPTANCE OR REJECTION OF BIDS:

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;

.3 the bidder appears on the State of Connecticut Department of Labor Debarment


List.; and/or

.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:

State Office Building Renovation 00 21 13-4 Gilbane Job No. J06930.000


New Parking Garage General Instructions to Bidders October 10, 2017
.1 the bidder with the greater quantity of small and minority business enterprise
participation stipulated in section G of the bid form shall be considered the
lowest bid received.

.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.

10. FORM OF CONTRACT:

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.

12. TAX BONDS:

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.

13. SECURITY FOR FAITHFUL PERFORMANCE:

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.

State Office Building Renovation 00 21 13-5 Gilbane Job No. J06930.000


New Parking Garage General Instructions to Bidders October 10, 2017
14. PERMITS:

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.

16. TEMPORARY ON-SITE FACILITIES:

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.

18. LABOR STANDARDS - EEO:

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

State Office Building Renovation 00 21 13-6 Gilbane Job No. J06930.000


New Parking Garage General Instructions to Bidders October 10, 2017
Manager until the minimum levels of minority and female hours are obtained or adequate good
faith documentation is submitted.

19. SMALL/MINORITY/WOMEN OWNED BUSINESS ENTERPRISES:

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.

20. PROMOTIONAL INFORMATION:

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.

State Office Building Renovation 00 21 13-7 Gilbane Job No. J06930.000


New Parking Garage General Instructions to Bidders October 10, 2017
20. PAYROLLS:

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%).

23. LIQUIDATED DAMAGES

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.

State Office Building Renovation 00 21 13-8 Gilbane Job No. J06930.000


New Parking Garage General Instructions to Bidders October 10, 2017
Section 00 31 13.1
ADVANCED PLANNING & SCHEDULING PROCEDURES

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.

C. Each Trade Contractor shall follow project 5S standards:

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

D. ADVANCED PLANNING & SCHEDULING PROCEDURES

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.

State Office Building Renovation 00 31 13.1-1 Gilbane Job No. J06930.000


New Parking Garage Advanced Planning & Scheduling January 3, 2017
2. Each Superintendent / Foreman has the ability to plan work for their respective company
and authority to make commitments to the project in order to execute this plan.
3. Each Superintendent / Foreman will participate in the phase scheduling meeting for each
phase in which their company is involved. Examples are Demolition, Foundations,
Superstructure, Exterior Envelop, Interior Construction, Finishes Specialties, MEPs, and
Earthwork.
4. Each Superintendent / Foreman will bring his / her Look-ahead Schedule and Weekly
Work Plan to the weekly planning meeting and actively participate in coordinating work
with other trade contractors under the direction of the Project Superintendent.
5. Each Superintendent / Foreman will report task completions as they occur to the Project
Superintendent as well as the other superintendent / foreman of the succeeding trade
contractors.
6. Each Superintendent / Foreman 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.
7. Each Superintendent / Foreman will participate in a “trade contractor coordination”
meeting to coordinate work for the next day or week with other trade contractors.
8. Each coordination meeting can take place either daily or weekly depending the
complexity and stage of the project.
9. Roles and Responsibilities
a. Gilbane will be responsible to facilitate and administer the APS. Gilbane will
provide direction and coordination of the activities of the trade contractors,
collecting and approving trade contractor work plans, facilitating trade contractor
planning meetings and updating, maintaining and distributing APS forms to all
parties.
b. Trade Contractors shall include in their bid the necessary resources to implement
APS for the duration of the project.
c. Trade Contractors, by submitting a bid. are committed to the process. The Trade
Contractors’ Superintendent / Foreman shall make themselves available to plan
and direct the weekly work planning meetings.
10. Submittals
a. Trade Contractors shall document the process and provide the following reports
to Gilbane:
 Weekly copies of the work plans in the APS format.
b. Gilbane will document the process and publish the following reports:
 Monthly reports on PPC achieved per trade and/or by company and for
the overall project including Gilbane’s and the Owner’s performance.
 Gilbane will publish a quarterly variance report. The report will outline
why variances are occurring and recommendations to reduce future
variances.

End of section 00 31 13.1

State Office Building Renovation 00 31 13.1-2 Gilbane Job No. J06930.000


New Parking Garage Advanced Planning & Scheduling January 3, 2017
Activity ID Activity Name Orig Rem Start Finish
Dur Dur 2017 2018 2019 2020
M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M AM
STATE OFFICE PARKING GARAGE
DCS / AGENCIES ITEMS
M1030 SUBSTANTIAL COMPLETION - GARAGE 0 0 1/16/19* SUBSTANTIAL COMPLETION - GARAGE

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

Remaining Level of Effort Summary Milestones


Finish Date: 1/16/19 STATE OFFICE PARKING GARAGE
Actual Work Critical Milestones
Data Date: 6/20/17 Sort By Phase
Remaining Work Milestone
Run Date: 6/29/17 09:02
Critical Remaining Work
Page 1 of 3

State Office Building Renovation 00 31 13.2 Gilbane Job No. J06930.000


New Parking Garage Parking Garage Schedule June 29, 2017
Activity ID Activity Name Orig Rem Start Finish
Dur Dur 2017 2018 2019 2020
M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M AM
G1880 STRUCTURAL PRECAST APPROVAL & PROCUREMENT 150 150 7/6/17 2/6/18 STRUCTURAL PRECAST APPROVAL & PROCUREMENT
G2000 REVIEW & APPROVE STRUCT/ARC PRECAST SHOP DWGS 15 15 9/8/17 9/28/17 REVIEW & APPROVE STRUCT/ARC PRECAST SHOP DWGS
G2010 FAB & DEL STRUCT/ARCH PRECAST 128 128 9/29/17 3/30/18 FAB & DEL STRUCT/ARCH PRECAST
G1860 STRUCT./ARCHITECTURAL PRECAST APPROVAL & PROCUREMENT 130 130 9/29/17 4/3/18 STRUCT./ARCHITECTURAL PRECAST APPROVAL & PROCUREMENT

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

Remaining Level of Effort Summary Milestones


Finish Date: 1/16/19 STATE OFFICE PARKING GARAGE
Actual Work Critical Milestones
Data Date: 6/20/17 Sort By Phase
Remaining Work Milestone
Run Date: 6/29/17 09:02
Critical Remaining Work
Page 2 of 3

State Office Building Renovation 00 31 13.2 Gilbane Job No. J06930.000


New Parking Garage Parking Garage Schedule June 29, 2017
Activity ID Activity Name Orig Rem Start Finish
Dur Dur 2017 2018 2019 2020
M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M AM
G2270 METAL COMPOSITE WALL PANELS (NORTH) 15 15 9/24/18 10/12/18 METAL COMPOSITE WALL PANELS (NORTH)
G2300 GRANITE VENEER 15 15 9/24/18 10/12/18 GRANITE VENEER
G2150 BRICK VENEER 15 15 10/1/18 10/19/18 BRICK VENEER
G2320 RAILINGS / MISC. METALS 20 20 10/1/18 10/26/18 RAILINGS / MISC. METALS
G2280 METAL COMPOSITE WALL PANELS (EAST) 30 30 10/22/18 12/3/18 METAL COMPOSITE WALL PANELS (EAST)
G2310 BAR GRATING 15 15 10/29/18 11/16/18 BAR GRATING
G2340 SITE FINISHES 30 30 10/29/18 12/10/18 SITE FINISHES
G2290 METAL COMPOSITE WALL PANELS (ROOF) 10 10 12/4/18 12/17/18 METAL COMPOSITE WALL PANELS (ROOF)
FIT-OUT
G2250 ELEVATOR 90 90 8/31/18 1/9/19 ELEVATOR
CLOSEOUT
G1890 C OF O INSPECTION - GARAGE 5 5 1/10/19 1/16/19 C OF O INSPECTION - GARAGE

Remaining Level of Effort Summary Milestones


Finish Date: 1/16/19 STATE OFFICE PARKING GARAGE
Actual Work Critical Milestones
Data Date: 6/20/17 Sort By Phase
Remaining Work Milestone
Run Date: 6/29/17 09:02
Critical Remaining Work
Page 3 of 3

State Office Building Renovation 00 31 13.2 Gilbane Job No. J06930.000


New Parking Garage Parking Garage Schedule June 29, 2017
PROPOSAL FORM
FOR
STATE OFFICE BUILDING
NEW PARKING GARAGE

GILBANE JOB NO. 11.6930.000


STATE PROJECT NO. BI-2B-381
BID PACKAGE No. 14A-R2 Parking Garage Elevators

PRE-BID CONFERENCE: N/A PROPOSAL DUE DATE: October 24, 2017


TIME: N/A TIME: 1:00 p.m.

LOCATION: Gilbane Onsite Field Office LOCATION: Gilbane Building Company


State Office Building, Room G-35 208 New London Turnpike
165 Capitol Avenue Glastonbury, CT 06033
Hartford, CT 06103

DEADLINE FOR SUBMISSION OF QUESTIONS: October 18, 2017

To: Gilbane Building Company


Attn: Patrick J. Delany, Chief Purchasing Agent
208 New London Turnpike
Glastonbury, CT 06033

FIRM NAME: BID ENVELOPE CHECK LIST:


DAS Update Statement
Bid Bond
Bid is Signed

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

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 1 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

E. MILESTONE SCHEDULE DATES

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.

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 2 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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

F. TRADE SUBCONTRACTORS AND MAJOR SUPPLIERS

The following trade subcontractors are proposed for the item of work listed. Trade subcontractors are subject to
review per the General Conditions.

ITEM OF WORK TRADE SUBCONTRACTORS

______________________ _______________________ EMR:___

______________________ _______________________ EMR:___

______________________ _______________________ EMR:___

______________________ _______________________ EMR:___

G. UTILIZATION OF MINORITY CONTRACTORS AND SUPPLIERS

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.

This proposal includes _____% certified SBE participation.

This proposal includes _____% certified MBE participation.

5. S/MBE participation shall count toward stipulated contractual goals or requirements only allowed by
Connecticut General Statutes and CHRO Regulations.

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 3 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 4 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

Elevator Worker Journeyman .............................. $ ___________ /Hr X 200 = $ ___________

2. Fifteen Thousand Dollars ($15,000) for additional overtime work (premium portion only) as directed by
the Gilbane On-site Supervision.

K. COST AND QUANTITY BREAKDOWN

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

Total Material ...................................................... $ __________________


Total Labor Cost .................................................. $ __________________
Total Subcontractor/Equipment Cost ................... $ __________________
Allowances........................................................... $ __________________
Total Bond Cost ................................................... $ __________________
Total Applicable Sales and Use Taxes................. $ __________________
Total Bid .............................................................. $ __________________
Total Estimated On-Site Man-hours .................... ___________________

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.)

THE INFORMATION LISTED BELOW IN THE QUANTITY BREAKDOWN SECTION IS


REQUIRED AT THE TIME OF BID SUBMISSION.

Item Quantity Total Cost


Mobilization ________EA $___________
Safety LS $___________
Daily Clean up LS $___________
Electric Traction Elevators LS $___________
Maintenance Service (per Section 14 21 00, 3.5) LS $___________
Allowances LS $___________
Other LS $___________
Total Bid LS $___________

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 5 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

L. SCOPE OF WORK

1. Description of Work Included

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.

4. Demobilize/remobilize as the construction schedule and/or weather conditions require at


no extra cost.

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

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 6 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

11. PARKING POLICY: There will be no trade parking allowed on site.

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 7 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 8 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

33. All reference in the contract documents to the Construction Manager/General


Contractor/Contractor as performing any field work or providing services in connection
with any aspect of the Work shall be understood to mean the Trade Contractor. The

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 9 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

2. Provide all work as specified in the following Specifications:


All Division 00
All Division 01
Section 14 21 00 Electric Traction Elevators
In addition, the Trade Contractor shall provide work specified elsewhere in the
Specifications and specifically listed within this scope of work

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

9. Provide all hoistway temporary lighting as necessary to complete work.

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.

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 10 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

11. Provide all Switches, equipment, controllers, attachments, accessories as required to


provide a complete Elevator system.

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.

2. Description of Work Excluded

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.

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 11 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

1. Specific work of this trade as defined in the following Specification Sections:

All Division 00
All Division 01
Section 14 21 00 Electric Traction Elevators

2. Work related to this trade as defined in the following Specification Sections:


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.

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 12 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 13 of 14
State Office Building New Parking Garage Bid Package 14A-R Parking Garage Elevators
State Project No. BI-2B-381 Gilbane Job No. J06930.000

BREAKDOWN OF HOURLY RATES **

WORKERS TITLE: _________________________________

STRAIGHT TIME ADD for 1 ½ TIME ADD for DOUBLE


PREMIUM TIME PREMIUM

BASE WAGE RATE


F.I.C.A.
F.U.T.A.
S.U.T.A.
GEN. LIABILITY INS.
WORKER'S COMP. INS.
WELFARE FUND
PENSION FUND
APPRENTICE FUND
VACATION FUND
ED. & CULT. FUND
DEFERRED INCOME FUND
PAID HOLIDAYS
OTHER: __________________________

TOTAL without OH&P

SUBMITTED BY: ____________________________________

Not to be included in the wages above:


BOND PREMIUM ..........................................

** 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.

Proposal Form 00 42 26 – 14A-R2 October 10, 2017


Page 14 of 14
PROPOSAL FORM
FOR
STATE OFFICE BUILDING
NEW PARKING GARAGE

GILBANE JOB NO. 11.6930.000


STATE PROJECT NO. BI-2B-381
BID PACKAGE No. 31B-R Parking Garage Site Concrete, Paving, and Curbing

PRE-BID CONFERENCE: N/A PROPOSAL DUE DATE: October 24, 2017


TIME: N/A TIME: 1:00 p.m.

LOCATION: Gilbane Onsite Field Office LOCATION: Gilbane Building Company


State Office Building, Room G-35 208 New London Turnpike
165 Capitol Avenue Glastonbury, CT 06033
Hartford, CT 06103

DEADLINE FOR SUBMISSION OF QUESTIONS: October 18, 2017

To: Gilbane Building Company


Attn: Patrick J. Delany, Chief Purchasing Agent
208 New London Turnpike
Glastonbury, CT 06033

FIRM NAME: BID ENVELOPE CHECK LIST:


DAS Update Statement
Bid Bond
Bid is Signed

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

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 1 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

E. MILESTONE SCHEDULE DATES

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.

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 2 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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

F. TRADE SUBCONTRACTORS AND MAJOR SUPPLIERS

The following trade subcontractors are proposed for the item of work listed. Trade subcontractors are subject to
review per the General Conditions.

ITEM OF WORK TRADE SUBCONTRACTORS

______________________ _______________________ EMR:___

______________________ _______________________ EMR:___

______________________ _______________________ EMR:___

______________________ _______________________ EMR:___

G. UTILIZATION OF MINORITY CONTRACTORS AND SUPPLIERS

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.

This proposal includes _____% certified SBE participation.

This proposal includes _____% certified MBE participation.

5. S/MBE participation shall count toward stipulated contractual goals or requirements only allowed by
Connecticut General Statutes and CHRO Regulations.

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 3 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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:

1. Site Sidewalk Concrete Paving (6/CD-503) ............................................................ $ ___________ /SF


2. Flush Granite Curb (1/CD-502) ............................................................................... $ ___________ /LF
3. Radius Granite Curb (5/CD-502) ............................................................................. $ ___________ /LF
4. Straight Granite Curb (6/CD-502) ........................................................................... $ ___________ /LF
5. 3” Bituminous Surface (1/CD-503) ......................................................................... $ ___________ /SF
6. 3” Bituminous with 8” Reinforced Concrete Base (2/CD-503) ............................... $ ___________ /SF
7. Bollard with Decorative Sleeve (8/CD-502) ............................................................ $ ___________ /EA

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,

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 4 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

K. COST AND QUANTITY BREAKDOWN

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

Total Material ...................................................... $ __________________


Total Labor Cost .................................................. $ __________________
Total Subcontractor/Equipment Cost ................... $ __________________
Total Applicable Sales and Use Taxes................. $ __________________
Allowances........................................................... $ __________________
Total Bond Cost ................................................... $ __________________
Total Bid .............................................................. $ __________________
Total Estimated On-Site Man-hours .................... ___________________

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.)

THE INFORMATION LISTED BELOW IN THE QUANTITY BREAKDOWN SECTION IS


REQUIRED AT THE TIME OF BID SUBMISSION.

Item Quantity Total Cost


Mobilization ________EA $___________
Safety LS $___________
Daily Clean up LS $___________
Bituminous Paving _______SF $___________
Granite Curb _______LF $___________
Site Cast In Place Concrete (not flatwork) _______CY $___________
Concrete Sidewalks (flatwork) _______SF $___________
Parking Garage Islands and Ramps (A102) _______CY $___________
Site Furnishing LS $___________
Striping LS $___________
Allowances LS $___________
Other LS $___________

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 5 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

Item Quantity Total Cost


Total Bid LS $___________

L. SCOPE OF WORK

1. Description of Work Included

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.

4. Demobilize/remobilize as the construction schedule and/or weather conditions require at


no extra cost.

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

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 6 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 7 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

contained in other specifications, or on drawings whether or not specifically listed within


the Proposal Form.

11. PARKING POLICY: There will be no trade parking allowed on site.

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.

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 8 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 9 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

process but must be reinforced by the trade contractor’s project manager and field
supervisor.

33. All reference in the contract documents to the Construction Manager/General


Contractor/Contractor as performing any field work or providing services in connection
with any aspect of the Work shall be understood to mean the Trade Contractor. The
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
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.

2. Provide all work as specified in the following Specifications:


All Division 00
All Division 01
Section 03 30 05 Site Cast-In-Place Concrete
Section 12 93 00 Site Furnishing
Section 32 12 16 Bituminous Concrete Paving
Section 32 13 13 Concrete Paving
Section 32 16 14 Curbing
Section 32 17 26 Tactile Warning Surface
In addition, the Trade Contractor shall provide work specified elsewhere in the
Specifications and specifically listed within this scope of work

3. Include casting in of all embedded items provide by other Trade Contractors.

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.

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 10 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

2. Description of Work Excluded

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.

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 11 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

2. Supply of subbase materials at sidewalks, bituminous concrete pavement, exposed aggregate


pavement and concrete apron. This material supplied by and installed by bid package 31A trade
contractor.
3. Granite cladding at exterior granite benches.

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.

1. Specific work of this trade as defined in the following Specification Sections:


All Division 00
All Division 01
Section 03 30 05 Site Cast-In-Place Concrete
Section 12 93 00 Site Furnishing
Section 32 12 16 Bituminous Concrete Paving
Section 32 13 13 Concrete Paving
Section 32 16 14 Curbing
Section 32 17 26 Tactile Warning Surface

2. Work related to this trade as defined in the following Specification Sections:

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.

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 12 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

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.

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 13 of 14
State Office Building New Parking Garage Bid Package 31B-R Parking Garage Paving and Curbing
State Project No. BI-2B-381 Gilbane Job No. J06930.000

BREAKDOWN OF HOURLY RATES **

WORKERS TITLE: _________________________________

STRAIGHT TIME ADD for 1 ½ TIME ADD for DOUBLE


PREMIUM TIME PREMIUM

BASE WAGE RATE


F.I.C.A.
F.U.T.A.
S.U.T.A.
GEN. LIABILITY INS.
WORKER'S COMP. INS.
WELFARE FUND
PENSION FUND
APPRENTICE FUND
VACATION FUND
ED. & CULT. FUND
DEFERRED INCOME FUND
PAID HOLIDAYS
OTHER: __________________________

TOTAL without OH&P

SUBMITTED BY: ____________________________________

Not to be included in the wages above:


BOND PREMIUM ..........................................

** 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.

Proposal Form 00 42 26 – 31B-R October 10, 2017


Page 14 of 14
Section 00 45 13

Qualification / Prequalification of Bidders

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.

State Office Building Renovation 00 45 13-1 Gilbane Job No. J06930.000


New Parking Garage Bidder’s Qualifications January 3, 2017
Section 00 45 13.1

TM

Document A305 – 1986


Contractor's Qualification Statement
The Undersigned certifies under oath that the information provided herein is true and
sufficiently complete so as not to be misleading.
ADDITIONS AND DELETIONS:
SUBMITTED TO: Gilbane Building Company
The author of this document has
added information needed for its
ADDRESS: 208 New London Turnpike, Glastonbury, CT 06033 completion. The author may also
have revised the text of the original
SUBMITTED BY: AIA standard form. An Additions and
Deletions Report that notes added
NAME: information as well as revisions to
the standard form text is available
ADDRESS: from the author and should be
reviewed. A vertical line in the left
PRINCIPAL OFFICE: margin of this document indicates
where the author has added
[ ] Corporation necessary information and where
the author has added to or deleted
[ ] Partnership from the original AIA text.
[ ] Individual This document has important legal
[ ] Joint Venture consequences. Consultation with an
attorney is encouraged with respect
[ ] Other to its completion or modification.

This form is approved and


NAME OF PROJECT: (if applicable) recommended by the American
State Office Building Renovation and New Parking Garage Institute of Architects (AIA) and The
165 Capitol Avenue Associated General Contractors of
Hartford, CT 06106 America (AGC) for use in evaluating
Gilbane Job No. J06930.000 the qualifications of contractors. No
State Project No. BI-2B-381 - CMR endorsement of the submitting party
or verification of the information is
TYPE OF WORK: (file separate form for each Classification of Work) made by AIA or AGC.

[ ] 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

§ 1.3 If your organization is a corporation, answer the following:


§ 1.3.1 Date of incorporation:
§ 1.3.2 State of incorporation:
§ 1.3.3 President’s name:
§ 1.3.4 Vice-president’s name(s)

§ 1.3.5 Secretary’s name:


§ 1.3.6 Treasurer’s name:

§ 1.4 If your organization is a partnership, answer the following:


§ 1.4.1 Date of organization:
§ 1.4.2 Type of partnership (if applicable):
§ 1.4.3 Name(s) of general partner(s)

§ 1.5 If your organization is individually owned, answer the following:


§ 1.5.1 Date of organization:
§ 1.5.2 Name of owner:

§ 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.

§ 3.4.1 State total worth of work in progress and under contract:

§ 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:

§ 4.2 Bank References:

§ 4.3 Surety:
§ 4.3.1 Name of bonding company:

§ 4.3.2 Name and address of agent:

§ 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);

Net Fixed Assets;

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.

Subscribed and sworn before me this day of

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

Gilbane Building Company


Contract Agreement

Agreement # J06930-00001-000

Made as of 01/03/2017

Vendor # SAMVE001

Description: Sample Contract

Between The Construction Manager:


Gilbane Building Company
208A New London Turnpike Glastonbury, CT 06033 US

And the Trade Contractor:


Sample Vendor
7 Jackson Walkway Providence, RI 02940 US

The Project Name:


State Office Building Renovation
165 Capitol Avenue Hartford, CT 06106 US

The Owner Name:


State of Connecticut
165 Capitol Avenue 5th Floor Hartford, CT 06106 US

The Architect Name and contact:


Amenta/Emma Architects, P.C.
Anthony Amenta

State Office Building Renovation 00 52 26.1-1 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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. Bid Package XXX-XXXX proposal form dated XXXX XX, 2017.


2. Standard Form of Agreement Between Owner and Construction Manager-At-Risk (CMR) between State of Connecticut,
Department of Administrative Services, Division of Construction Services Gilbane Building Company dated the 25th day
of May in the year of 2016.
3. General Instruction to Bidders dated January 3, 2017.
4. General Conditions for Trade Contractors under Construction Management Agreements dated January 3, 2017.
5. Project Safety Plan dated January 3, 2017.
6. Quality Plan dated January 3, 2017.
7. Gilbane Project Manual dated January 3, 2017.
8. Supplement 1 dated XXXX XX, 2017.
9. Supplement 2 dated XXXX XX, 2017.
10. Scope Review Meeting Minutes dated XXXX XX, 2017.
11. This agreement includes X% MBE participation and X% SBE participation. Trade Contractor shall substantiate said
participation as a condition precedent for the release of the first progress payment due under this agreement.
12. Bid Package XXX Alternate XX to XXXXX has been accepted and is included in the contract sum shown in Article 3
herein.

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:

1. Commence Shop Drawings and Submittals: XXXX XX, 2017


2. Commence Work for the Proposal: XXXX XX, 201X
3. Bid Package Substantial Completion: XXXX XX, 201X
4. Project Substantial Completion: XXXX XX, 201X
5. Project Acceptance: XXXX XX, 201X

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.

State Office Building Renovation 00 52 26.1-2 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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:

ONE DOLLARS 0/100

Contract Amount: $ 1.00

Diverse Business participation: $ .35

The contract sum includes the following alternates:


Alt. 1 – Provide XXXXX
Alt. 2 – Delete XXXXX
The following alternates shall remain valid until acceptance or rejection by the Owner, or when the progress of the work
renders the alternate void:
Alt. 3 – Provide XXXXX
Alt. 2 – Delete XXXXX
Unit Prices and Labor Rates:
The following unit prices and labor rates are in accordance with Section H of the proposal form.
Unit Prices:
1. XXXX $XX.XX/XX
Labor Rates:
Worker Classification Base 1 ½ Time Double Time
XXXX $XX.XX/Hr. $XX.XX/Hr. $XX.XX/Hr.
YYYY $XX.XX/Hr. $XX.XX/Hr. $XX.XX/Hr.
Allowances:
The following allowances are part of this contract in accordance with Article J of the Bid Proposal and the definition of
Allowance included in Article 10 of the General Conditions. Overhead and profit is included in the allowance amount.
Allowance #1: $XX,XXX
Allowance #2: XXX Tons

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

State Office Building Renovation 00 52 26.1-3 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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

State Office Building Renovation 00 52 26.1-4 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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,

State Office Building Renovation 00 52 26.1-5 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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

State Office Building Renovation 00 52 26.1-6 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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.

(a) Workers’ Compensation and Employer’s Liability.  Trade Contractor shall provide workers compensation and


employer’s liability insurance in any jurisdiction(s) where the work is being performed.  When the work is performed in
one of the fifty United States, each state where work is being performed shall be specifically designated as a 3A state
on the policy declaration page (except where a monopolistic state policy as described below is required). The workers
compensation insurance shall include a Voluntary Compensation Coverage Endorsement. When performing work in
Washington, North Dakota, Ohio, Wyoming, Puerto Rico, the Northern Mariana Islands or Guam (collectively
“monopolistic states”), Trade Contractor shall provide evidence of “stop gap” insurance in addition to workers
compensation. Trade Contractor shall provide the insurance required in this Article whether or not Trade Contractor hires
all or none of its employees directly, uses temporary employees and/or uses other labor services. Trade Contractor shall
require any firm providing labor services to it to provide all of the same workers’ compensation and employer’s liability
coverages as are required of Trade Contractor in this Article. If Trade Contractor is leasing labor to Construction Manager,
then Trade Contractor shall attach the alternate employer endorsement to its workers compensation policy, and shall
schedule the Construction Manager and this Agreement on the form.  The employers liability (or “stop gap” in
monopolistic states) coverage shall provide limits of not less than $500,000 bodily injury by accident per accident,
$500,000 bodily injury by disease policy limit, and $500,000 bodily injury by disease per employee. When performing
work on projects governed by federal law, Trade Contractor is solely responsible to ensure that it has reviewed
applicable federal laws including, but not limited to, any Defense Base Act (DBA), Longshore and Harbor Workers’
Compensation Act (LHWCA), Outer Continental Shelf Lands Act, Federal Employers Liability Act (FELA), and/or Jones Act
and has purchased all insurance required by such laws.

(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

State Office Building Renovation 00 52 26.1-7 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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.

State Office Building Renovation 00 52 26.1-8 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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. 

(h) Additional Insured.  For purposes of this Article “Additional Insureds” shall mean (i) the Construction Manager


(and its partners if Construction Manager is a joint venture or members if it is an LLC), (ii) Owner, (iii) both Owner and
Construction Manager’s officers, directors and employees, (iv) any person or entity requested by Construction Manager or
Owner and (v) and any other person or entity required to be added as an additional insured by the Contract Documents.
The Additional Insureds shall be named as additional insureds on Trade Contractor’s CGL, BAP, excess liability, umbrella
liability and contractor’s pollution liability insurance policies.  Such additional insured coverage shall be provided on a
primary basis without contribution from any other insurance, including self-insurance, afforded to the Additional
Insureds, whether such coverage is issued on a primary or excess basis.  Trade Contractor’s CGL, contractor’s pollution
liability, umbrella and excess liability insurance shall provide the Additional Insureds with coverage for actual or alleged
bodily injury, property damage and personal and advertising liability arising out of any premises-ongoing operations
and/or products-completed operations.  Coverage for the Additional Insureds on Trade Contractor’s CGL insurance shall
be provided on any version of ISO forms CG 20 10 and CG 20 37, or their equivalent(s), unless an alternative is
approved by Construction Manager. Any CGL, excess liability, umbrella liability, and contractor's pollution liability
additional insured coverage required in this paragraph shall remain in effect after Construction Manager’s acceptance of
Trade Contractor’s work and from the date of such acceptance until the later of the period of the statute of limitations or
the statute of repose for the types of claims covered by the insurance to which the additional insured coverage applies.
If Trade Contractor’s policy limits are greater than the minimum limits of liability required in this Article for a type of
insurance, then the full extent of those policy limits shall also be available to the Additional Insureds. Any of Trade
Contractor’s excess or umbrella liability policies shall be expressly endorsed to state that coverage for the Additional
Insureds is primary and that the insurer will not seek contribution from any other insurance available to the Additional
Insured.

(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

State Office Building Renovation 00 52 26.1-9 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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

(b) by unit prices stated in the Contract Documents, 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

(d) by the method provided in subparagraph 8.4.

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

State Office Building Renovation 00 52 26.1-10 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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.

State Office Building Renovation 00 52 26.1-11 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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

State Office Building Renovation 00 52 26.1-12 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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,

State Office Building Renovation 00 52 26.1-13 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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

State Office Building Renovation 00 52 26.1-14 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

Gilbane Building Company                                                                                                                                                                     Trade Contractor Agreement

PROVISION SHALL BE DEEMED TO BE OF NO FORCE AND EFFECT.

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

State Office Building Renovation 00 52 26.1-15 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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.

State Office Building Renovation 00 52 26.1-16 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

Gilbane Building Company                                                                                                                                                                     Trade Contractor Agreement

Diverse Business Participation

Name Classification Amount

SBE SBE - Small Business Enterprise $.25

MBE MBE - Minority Business Enterprise $.10

Cost Distribution

Job Phase/Category Code Description Amount

J06930.000 92.925.942200.Z CSS $1.00

Attachments

Number Title Date Description

00109918 J06930-00001-000 Attachment A 01/11/2017 Original Version


2017-01-03-00

State Office Building Renovation 00 52 26.1-17 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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.

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

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.

State Office Building Renovation 00 52 26.1-18 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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) .

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES

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.

State Office Building Renovation 00 52 26.1-19 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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

Gilbane Building Company


Construction Manager

State Office Building Renovation 00 52 26.1-20 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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:

Contract Sums Each Occurrence Annual Aggregate


$1.00 to $500,000.00 $1,000,000.00 $1,000,000.00
$500,001 to $1,000,000 $2,000,000.00 $2,000,000.00
$1,000,001.00 to $5,000,000.00 $5,000,000.00
$10,000,000.00
$10,000,001.00 to $10,000,000.00 $10,000,000.00
$30,000,000.00

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.”

12.7 In Article 6.3 add the following:


(l) Property Insurance. Trade Contractor shall maintain all-risk property insurance including
coverage for the full replacement cost value of (i) its tools, equipment (including mechanical
heavy equipment) and other property, whether owned, rented or borrowed, the capital
value of which is not intended to be incorporated into the Project and (ii) any property
intended to be incorporated into its Work while in-transit to the Project Site or stored away
from the Project Site. If Trade Contractor’s Work includes move management services such
that it is responsible for: moving of personal property from one location to another (or
within a single location), storage of personal property at one or more locations and/or
installation of personal property then it shall provide an installation floater covering such
exposures for the full replacement cost of such property.

12.8 In Article 6.3 add the following:


(m) Riggers Liability Insurance. To the extent the Trade Contractor’s Work requires it to
provide power operated equipment (as defined under OSHA 1926.1400 (a)) to hoist, lower
or otherwise move a suspended load, then it shall provide riggers liability insurance. The
limit for this coverage shall equal or exceed the full replacement cost value of the largest
hoist intended to be made within its Scope of Work. This insurance shall name Construction
Manager and Owner as loss payees to this insurance.

State Office Building Renovation 00 52 26.1-21 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 52 26.1

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”.

END OF ATTACHMENT “A”

State Office Building Renovation 00 52 26.1-22 Gilbane Job No. J06930.000


New Parking Garage Sampe Trade Contract Agreement January 3, 2017
Section 00 61 13
PERFORMANCE BOND
Bond No. _______________________

KNOWN ALL MEN BY THESE PRESENTS: That, ________________________________________________________________


(Here insert the name and address, or legal title, of the Contractor)
as Principal, herein after called Principal, and ______________________________________________________________________
(Here insert the name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto GILBANE BUILDING COMPANY, 208A New London
Turnpike, Glastonbury, CT 06033 and State of Connecticut, Department of Administrative Services, Division of Construction
Services, 450 Columbus Boulevard, Hartford, CT, 06103 as Dual Obligees, hereinafter referred to in the singular as Obligee, in the
amount of _______________________________ Dollars ($ ), for the payment whereof Principal and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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.

Signed and sealed this day of , 20

IN THE PRESENCE OF:


___________________________________________________
(Principal)
______________________________________________
(Witness)
___________________________________________________
(Title)

___________________________________________________
(Surety)
______________________________________________
(Witness)
___________________________________________________
(Title)

State Office Building Renovation 00 61 13-1 Gilbane Job No. J06930.000


New Parking Garage Performance & Labor and Material Payment Bonds January 3, 2017
Section 00 61 13

LABOR AND MATERIAL


PAYMENT BOND
Bond No. _______________________

KNOWN ALL MEN BY THESE PRESENTS: That, ________________________________________________________________


(Here insert the name and address, or legal title, of the Contractor)
as Principal, herein after called Principal, and ______________________________________________________________________
(Here insert the name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto GILBANE BUILDING COMPANY, 208A New London
Turnpike, Glastonbury, CT 06033 and State of Connecticut, Department of Administrative Services, Division of Construction
Services, 450 Columbus Boulevard, Hartford, CT, 06103 as Dual Obligees, hereinafter referred to in the singular as Obligee, in the
amount of _______________________________ Dollars ( ), for the payment whereof Principal and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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.

Signed and sealed this day of , 20


IN THE PRESENCE OF:
_________________________________________________________
(Principal)
______________________________________________
(Witness)
_________________________________________________________
(Title)

_________________________________________________________
(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.

State Office Building Renovation 00 61 13-2 Gilbane Job No. J06930.000


New Parking Garage Performance & Labor and Material Payment Bonds January 3, 2017
Section 00 62 90

BILLING INSTRUCTIONS FOR TRADE CONTRACTORS

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.

C. Submit to Gilbane’s Purchasing Department the Insurance Certificate(s) as required in


your Contract and Project Specifications.

D. Material Status Reports

Submit initial report in format corresponding to Schedule of Values immediately upon


contract award. Material Status Reports must be updated and uploaded into Textura
Contract Payment System with the monthly progress applications.

F: For Bonding Requirements, if any, please contact our Purchasing Department.

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.

State Office Building Renovation 00 62 90-1 Gilbane Job No. J06930.000


New Parking Garage Billing Instructions January 3, 2017
2. Billing Instructions:

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.

2. Prime Contractor Unconditional Waiver of Lien: Textura Contractor Payment


System will generate an unconditional waiver of lien document. This document must
be electronically signed and submitted along with monthly Application for Payment.
Textura will not release Waiver of Lien to Gilbane until payment for current
application is received by Prime Contractor.

3. Minority Business Enterprise Participation Affidavit: Attach/upload to Textura


Contractor Payment System.

4. Material Status Report: Attach/Upload to Textura Contractor Payment System.

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.

State Office Building Renovation 00 62 90-2 Gilbane Job No. J06930.000


New Parking Garage Billing Instructions January 3, 2017
B. Daily Time and Material slips will be processed only if they are signed daily by the
Gilbane Project Manager or his designee. Original invoices for material and equipment
and certified payrolls will be required as back-up to any authorized time and material
work.

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.

6. Project Site Office

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

State Office Building Renovation 00 62 90-3 Gilbane Job No. J06930.000


New Parking Garage Billing Instructions January 3, 2017
these inspection services. Inspections must occur before billing can be approved. Bill of Sale,
Schedule A and receipts for items being billed at cost only are required and retainage will be held
for off-site stored materials. Any materials stored outside of the contiguous 48 United States are
not eligible for payment considerations.

10. MBE/EEO Utilization Reports

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.

B. Minority Business Enterprise Participation Affidavit form (attached) must be submitted


monthly with Contractor’s Sworn Statement and Subs/Supplier’s Waivers along with the
Requisition.

11. Project Startup Information

A. Project Mailing Address/Delivery Address:

TBD
ATTN: Gilbane

B. Trade Contractor Coordination Meetings as determined by the Project Manager.

C. Material Deliveries -- Coordinate with the jobsite.

D. Shop Drawings/Submittals -- Quantities and format is described in the General


Conditions.

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.

Very truly yours,


GILBANE
Project Accountant

State Office Building Renovation 00 62 90-4 Gilbane Job No. J06930.000


New Parking Garage Billing Instructions January 3, 2017
Section 00 62 90.1

Materials Status Report

Project: State Office Building & New Parking Job Number: J06930.000 Page:
Garage

Trade: Subcontractor:

SUBCONTRACTOR OR SHOP DRAWINGS DELIVERY


P.O.
# SUPPLIER MATERIAL DATE REMARKS
No. Submitted Approved Promised Required
Phone Number:

Ph:

Ph:

Ph:

Ph:

Ph:

Ph:

Ph:

Ph:

State Office Building Renovation 00 62 90.1 - 1 Gilbane Job No. J06930.000


New Parking Garage Material Status Report January 3, 2017
Section 00 62 90.2

CONTRACTOR’S SWORN STATEMENT

State of _________________

County of ________________ SS.

To all whom it may concern

_____________________________ of City of _______________________ County of


_____________________________, and State of _________________________, being duly sworn,
deposes and says that he is the _____________________________ of the
_____________________________ hereinafter called the Contractor; and being duly authorized makes
this statement its behalf; that the Contractor in the performance of a certain contract dated
__________________ with ________________________________________
(Owner) for the ______________________________________ (Work), Architect/Engineer’s Job
No.___________, furnished labor or materials or both, supervision of construction or alteration, and/or
otherwise in connection with the site development and/or the erection and construction of a certain
building or buildings, structures and installations situated on the following property, viz:
_____________________________________________________ in the City of
_________________________________, County of _____________________, State of
____________________________; that the following are the names of every person, firm or corporation
furnishing material to, and of every unpaid laborer of and of every Subcontractor for, said Contractor in
connection with said contract, and that the amounts due or to become due to such Subcontractors,
persons, firms, corporations, laborers and others, for work done and materials furnished to the date of
_______________________ are fully and correctly set forth opposite their names respectively; and that
all other statements herein contained are true and correct.

SUBCONTRACTS

Name Total Net Total Net Total Amount Included


Amount of Amount Earned Paid in This
Subcontract to Date Application

State Office Building Renovation 00 62 90.2 - 1 Gilbane Job No. J069360.000


New Parking Garage Contractor’s Sworn Statement January 3, 2017
MATERIALS

Name Purchase Price of Material Paid Balance


Furnished

LABOR

Name Amount Due

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.

My commission expires __________________________

State Office Building Renovation 00 62 90.2 - 2 Gilbane Job No. J069360.000


New Parking Garage Contractor’s Sworn Statement January 3, 2017
Section 00 62 90.3

SUB-SUB WAIVER OF LIEN


(Interim)

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)

Sworn to and subscribed before me this

_____________day of__________20_____.

My commission expires________________

Given under my hand and notarial seal this

_____________day of _________20_____.

___________________________________
Notary Public
(SEAL)

State Office Building Renovation 00 62 90.3 - 1 Gilbane Job No. J06930.000


New Parking Garage Sub-Sub Waiver of Lien – Interim January 3, 2017
Section 00 62 90.4

SUPPLIER’S WAIVER OF LIEN


(Interim)

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)

Sworn to and subscribed before me this

_____________day of__________20_____.

My commission expires________________

Given under my hand and notarial seal this

_____________day of _________20_____.

___________________________________
Notary Public
(SEAL)

State Office Building Renovation 00 62 90.4 - 1 Gilbane Job No. J06930.000


New Parking Garage Supplier’s Waiver of Lien – Interim January 3, 2017
Section 00 62 90.5

Small and Minority Business Enterprise Participation Affidavit

For Period Ending:


Cost Code: Affidavit No:
Trade Contractor: Base Contract
Amount:
Approved Adjusted
Contract Contract Value:
Amendments:

SBE Base SBE Base


Contract Contract Percentage: %
Commitment:

MBE Base MBE Base


Contract Contract Percentage: %
Commitment:

Actual SBE/MBE Contract Awards


Firm Name Contractor (C) Classification Contract Payments
Supplier (S) SBE/MBE Amount

TOTALS

TOTAL S/MBE COMMITMENT:


ADJUSTED CONTRACT VALUE:
% MBE PARTICIPATION ACHIEVED: %
% SBE PARTICIPATION ACHIEVED: %

NOTARIZED AND SIGNED BY OFFICER:


DATE:

State Office Building Renovation 00 62 90.5 - 1 Gilbane Job No. J06930.000


New Parking Garage Minority Business Enterprise Affidavit January 3, 2017
Section 00 62 90.6

BILL OF SALE OF PERSONAL PROPERTY

KNOW ALL MEN BY THESE PRESENTS, THAT, _______________________________________________ for


and in consideration of the sum of ____________________________________________ and other good and
valuable consideration, upon the receipt of payment of which, the Undersigned (“Seller”) does by these present
GRANT, BARGAIN, AND SELL unto _________________________________________ (“Purchaser”) the goods
and chattels located at ________________________________________ as described on Schedule “A” attached
hereto and by this reference made a part of hereof (the “Property”).

IN CONSIDERATION OF THE FOREGOING AND THE COVENANTS HEREIN CONTAINED, SELLER


AGREES AS FOLLOWS:

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.

My Commission expires: _____________________________________________________

State Office Building Renovation 00 62 90.6 - 1 Gilbane Project No. J06930.000


New Parking Garage Bill of Sale of Personal Property January 3, 2017
Section 00 62 90.7

SCHEDULE “A” OF BILL OF SALE

Date:
Contractor’s Name:
Bid Package #:
Project Title: State Office Building Renovation & New Parking Garage

The following material has been manufactured or purchased by


, is specifically intended for use on
and is stored at
.

The total value of the material is $ .

DESCRIPTION NUMBER VALUE DATE MOVED “ON-


SITE”

Notary signature: __________________________________

Date: _________________ My Commission Expires: _________________

State Office Building Renovation 00 62 90.7 - 1 Gilbane Job No. J06930.000


New Parking Garage Schedule “A” Bill of Sale January 3, 2017
Section 00 62 90.8

State Office Building Renovations 00 62 90.8-1 Gilbane Job No. J06930.000


New Parking Garage Textura Invoicing and Payments January 3, 2017
SECTION 00 72 26
GENERAL CONDITIONS FOR
TRADE CONTRACTORS UNDER

CONSTRUCTION MANAGEMENT
AGREEMENTS

January 3, 2017

TABLE OF CONTENTS

ARTICLES PAGE

ARTICLE 1 - DEFINITIONS ....................................................................................................................................2


ARTICLE 2 - EXECUTION, CORRELATION AND INTENT ...............................................................................4
ARTICLE 3 - OWNERSHIP AND USE OF DOCUMENTS....................................................................................5
ARTICLE 4 - OWNER ..............................................................................................................................................5
ARTICLE 5 - ARCHITECT/ENGINEER .................................................................................................................6
ARTICLE 6 - CONSTRUCTION MANAGER .........................................................................................................8
ARTICLE 7 - TRADE CONTRACTORS .................................................................................................................9
ARTICLE 8 - WARRANTY ....................................................................................................................................11
ARTICLE 9 - TAXES ..............................................................................................................................................12
ARTICLE 10 - ALLOWANCES .............................................................................................................................13
ARTICLE 11 - SUPERINTENDENT AND KEY PERSONNEL ...........................................................................13
ARTICLE 12 - PROGRESS SCHEDULE ...............................................................................................................14
ARTICLE 13 - DRAWINGS AND SPECIFICATIONS AT THE SITE.................................................................15
ARTICLE 14 - SUBMITTALS AND REQUESTS FOR INFORMATION ...........................................................16
ARTICLE 15 - SUBSTITUTIONS ..........................................................................................................................24
ARTICLE 16 - USE OF SITE ..................................................................................................................................24
ARTICLE 17 - CUTTING AND PATCHING OF WORK .....................................................................................25
ARTICLE 18 - COMMUNICATIONS ....................................................................................................................26
ARTICLE 19 - TRADE-SUBCONTRACTORS .....................................................................................................26
ARTICLE 20 - SEPARATE TRADE CONTRACTS ..............................................................................................28
ARTICLE 21 - GOVERNING LAW .......................................................................................................................30
ARTICLE 22 - CLAIMS FOR DAMAGES ............................................................................................................30
ARTICLE 23 - RIGHTS AND REMEDIES ............................................................................................................30
ARTICLE 24 - TESTS .............................................................................................................................................30
ARTICLE 25 - INTEREST ......................................................................................................................................31
ARTICLE 26 - TIME ...............................................................................................................................................31
ARTICLE 27 - PAYMENTS AND COMPLETION ...............................................................................................33
ARTICLE 28 - PROTECTION OF PERSONS PROPERTY ..................................................................................38
ARTICLE 29 - EMERGENCIES .............................................................................................................................40
ARTICLE 30 - INSURANCE ..................................................................................................................................41
ARTICLE 31 - CHANGES IN WORK ....................................................................................................................41
ARTICLE 32 - UNCOVERING AND CORRECTION OF WORK .......................................................................44
ARTICLE 33 - TERMINATION OF THE CONTRACT ........................................................................................45
ARTICLE 34 - PRECONSTRUCTION MEETING - PROJECT REPORTS .........................................................47
ARTICLE 35 - TEMPORARY SERVICES AND SYSTEMS ................................................................................48
ARTICLE 36 - ORDER OF PRECEDENCE...........................................................................................................54

State Office Building Renovation 00 72 26 - 1 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
ARTICLE 1 - DEFINITIONS

1.1 THE WORK

For the purpose of this document the term "Work" is the work defined in Article 1 of the Trade
Contract.

1.2 THE PROJECT

The Project Name is:

State Office Building Renovation and New Parking Garage


165 Capitol Avenue
Hartford, CT 06106

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.

1.3 BID PACKAGE

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".

Note: The Scope of Work of a Trade Contract (Bid Package) may:

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.

State Office Building Renovation 00 72 26 - 2 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
1.5 GENERAL DEFINITIONS

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.

State Office Building Renovation 00 72 26 - 3 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
1.5.11 "At no additional cost": The term "at no additional cost" shall mean at no additional cost to the
Owner, the Architect, or the Construction Manager, and that all such costs are included in the Trade
Contract amount.

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.

.5 Penalties, fines, and costs imposed by governmental authorities in connection with or


resulting from any violation of, or noncompliance with laws, regulations, codes, ordinances
or directives.

.6 The cost of small tools (valued at $250 or less per unit purchase price) and associated
consumables.

.7 Incidentals

ARTICLE 2 - EXECUTION, CORRELATION AND INTENT

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

State Office Building Renovation 00 72 26 - 4 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
one shall be as binding as if required by all. Work not covered in the Contract Documents will be
required if it is consistent therewith and is reasonably inferable there from as being necessary to
produce the intended results. Such intended results include building systems, which are complete
and operable. Should the Plans or Specifications disagree in themselves or with each other, the
Trade Contractor shall provide the better quality or greater quantity of work and/or materials unless
otherwise directed by written addendum to the contract.

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.

ARTICLE 3 - OWNERSHIP AND USE OF DOCUMENTS

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

4.1.1 The Owner for this project is:

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.

State Office Building Renovation 00 72 26 - 5 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
4.1.4 The "Program Manager", "Clerk of the Works", or other “Agent” means one or more individuals
employed or designated by the Owner to make inspection during the construction of the Project.

4.2. INFORMATION AND SERVICES FURNISHED BY THE OWNER

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

5.1.1 The Architect for this project is:

Amenta | Emma Architects, P.C.


242 Trumbull Street
Hartford, CT 06103

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 ARCHITECT/ENGINEER'S DUTIES DURING CONSTRUCTION

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.

State Office Building Renovation 00 72 26 - 6 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
5.2.4 All interpretations of the Architect/Engineer shall be consistent with the intent of and reasonably
inferable from the Contract Documents and will be in writing or in the form of drawings or sketches.
All requests for interpretations shall be directed through the Construction Manager.

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.

State Office Building Renovation 00 72 26 - 7 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
5.2.12 The Architect/Engineer will communicate with the Trade Contractor only through the Construction
Manager.

ARTICLE 6 - CONSTRUCTION MANAGER

6.1 DEFINITION

6.1.1 Construction Manager for this project is:

Gilbane Building Company


208 New London Turnpike
Glastonbury, CT 06033

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 ADMINISTRATION OF THE CONTRACT

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.

State Office Building Renovation 00 72 26 - 8 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
6.2.6 The Construction Manager, along with the Architect/Engineer, will conduct inspections to determine
the dates of Substantial Completion and Final Completion, and will receive and review written
warranties and related documents required by the Contract and assembled by the Trade Contractor.

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.

ARTICLE 7 - TRADE CONTRACTORS

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 REVIEW OF CONTRACT DOCUMENTS

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.

State Office Building Renovation 00 72 26 - 9 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
7.2.2 It is not the Trade Contractor’s responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations.
However, if the Trade Contractor observes that portions of the Contract Documents are at variance
therewith, the Trade Contractor shall promptly notify the Construction Manager in writing, and
necessary changes shall be accomplished by appropriate modification. If the Trade Contractor
performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and
without such notice to the Construction Manager, he shall assume full responsibility therefore and
shall bear all costs attributable thereto.

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 SUPERVISION AND CONSTRUCTION PROCEDURES

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 LABOR AND MATERIALS

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.

State Office Building Renovation 00 72 26 - 10 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
Harassment and offensive language will not be permitted on the grounds. Violation will be cause
for immediate debarment from the site. Workers shall be courteous and professional in mannerisms
while on the premises

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.

8.4 Warranties shall not commence to run until:

a) The date of Substantial Completion of the project and

b) The Owner is in possession of and accepts all the specified guarantee/warranty


documentation, and

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

State Office Building Renovation 00 72 26 - 11 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
shall, promptly, within 48 hours after receipt of notice from the Construction Manager or Owner and
without expense to the Owner or Construction Manager, commence and continue to effect such
repairs or corrections to:

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.

State Office Building Renovation 00 72 26 - 12 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
9.2 Any taxes which are the responsibility of the Trade Contractor, but are not paid by the Trade
Contractor, and which are subsequently assessed against and paid by either the Owner or the
Construction Manager shall be deducted by the Construction Manager as an offset from the unpaid
Trade Contract Sum and any other amounts due to the Trade Contractor. If the amount of such
unpaid taxes exceeds the total of the unpaid Trade Contract Sum and other amounts due to the Trade
Contractor, the Trade Contractor agrees to pay the amount of such excess to the Construction
Manager.

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 Unless otherwise provided in the Contract Documents:

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.

ARTICLE 11 - SUPERINTENDENT AND KEY PERSONNEL

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.

State Office Building Renovation 00 72 26 - 13 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
11.2 A duly authorized representative of the Trade Contractor shall be available for emergency telephone
communication from the Owner or Construction Manager on a 24-hour basis, seven days a week
during the performance of the work.

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.

ARTICLE 12 - PROGRESS SCHEDULE

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.

12.3. LAST PLANNER PROCEDURES

.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.

State Office Building Renovation 00 72 26 - 14 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
.3 Each Foreman or Superintendent will participate in the phase scheduling meeting for each phase
in which their company is involved. Examples are Demolition & Earthwork, Foundations,
Superstructure, Exterior Envelop, Interior Construction, Finishes and Specialties.

.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.

.7 Each Foreman or Superintendent will participate in a “sub-contractor coordination” meeting to


coordinate work for the next day or week with other trades.

.8 Each coordination meeting can take place either for daily or weekly depending the complexity
and stage of the project.

.9 Roles and Responsibilities

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:

i. Weekly copies of the work plans in the Last Planner format.

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.

ARTICLE 13 - DRAWINGS AND SPECIFICATIONS AT THE SITE

13.1 The Trade Contractor shall maintain at the site for the Construction Manager and Architect/Engineer

State Office Building Renovation 00 72 26 - 15 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
one copy of all Drawings, Specifications, Addenda, Supplements, Bulletins, Proposal Requests,
Change Orders and other Modifications, in good order and marked currently to record all changes
made during construction. Including any changes in locations, sizing and arrangement of the
various components of the Work or any other variations from the Drawings or Shop Drawings. The
Trade Contractor shall mark each drawing as the Work shown thereon is completed in the field,
revising any or adding lines, dimensions, elevations, depths, notes or any other information required
to accurately record "As-Built" conditions. These Drawings, marked to record all changes during
construction, and approved Shop Drawings, Product Data and Samples shall be delivered to the
Construction Manager upon completion of the Work.

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.

ARTICLE 14 - SUBMITTALS AND REQUESTS FOR INFORMATION

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):

6. Request for Information [RFI] (POST AWARD)


7. Submittals
8. Meeting Minutes
9. Daily Work Reports
10. Rolling Completion List [RCL]
11. Punchlist
12. Inspection Request (IREQ)
13. Quality Inspections
14. Closeout documents (Warranties, O&M’s, etc.)
15. 3rd Party reporting

State Office Building Renovation 00 72 26 - 16 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
PMWeb will be used as the mechanism for the Trade Contractor and Construction Manager to
electronically communicate all project related documents. This specifically includes Contract
Documents and Shop Drawings. No hard copies will be provided by the Construction Manager,
unless previously arranged prior to the Trade Contractor being awarded a contract. If a Trade
Contractor requires printed copies of documents, all costs for printing and distribution of those
documents shall be borne by the Trade Contractor. This includes costs for all Contract Documents
(bid sets and changes), shop drawings, coordination drawings, etc.

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

State Office Building Renovation 00 72 26 - 17 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
drawings or specifications issued by the Design Engineer. The Request for Information creates a
written record of the question and the response. (Each RFI must reference a drawing, detail or
specification and provide a clear, concise explanation of the Request for Information.) The Trade
Contractor is responsible to submit its RFIs in a timely manner so as not to impact the progress of
work. The Construction Manager will forward RFI responses to the originating Trade Contractor
and any other Trade Contractor whose work may be affected by the response.

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.

State Office Building Renovation 00 72 26 - 18 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
14.14 The Trade Contractor shall direct specific attention, in writing, on resubmitted Shop Drawings,
Product Data or Samples, to revisions other than those requested by the Architect/Engineer or
Construction Manager on previous submittals.

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:

14.18.1 Date and revision dates.

14.18.2 Project title and number.

14.18.3 The names of:

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).

14.18.5 Identification of product or material.

14.18.6 Relation to adjacent structure or materials.

14.18.7 Field dimensions, clearly identified as such.

14.18.8 Specification Section number and paragraph.

State Office Building Renovation 00 72 26 - 19 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
14.18.9 Applicable standards, such as ASTM number or Federal Specification.

14.18.10 A blank space, minimum of 2” by 2”, for the Architect/Engineer's stamp.

14.18.11 Identification of deviations from Contract Documents.

14.18.12 Other pertinent data.

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.

14.20 Coordination Drawing Process

.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,

State Office Building Renovation 00 72 26 - 20 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
unless noted otherwise.

.2 Preliminary Composite Drawing

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.

.3 Final Composite Drawing

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

State Office Building Renovation 00 72 26 - 21 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
indicated routings and layouts and their interrelationship with the adjoining or continuous
work of all other Trade Contractors.

Thereafter, no unauthorized deviations will be permitted, and if made without knowledge or


agreement of the Architect/Engineer and/or Construction Manager, this unauthorized work
will be subject to removal and correction by the respective Trade Contractors at no additional
cost to the Owner.

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.

.4 Final Composite Drawing (Record Copy)

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.

14.21 Record Documents: "As-Built Drawings", Warranty and Maintenance Manuals

.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.

State Office Building Renovation 00 72 26 - 22 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
14.23 Owner's Maintenance Manual: The Trade Contractor, during the course of the work, shall maintain,
coordinate and collect copies of warranties, guarantees, certificates, installation drawings,
manufacturer's maintenance and operations manuals, parts lists, and keying schedules and at the
acceptance of the project, shall assemble this material into a manual and forward to the Construction
Manager for incorporation in the Operations and Maintenance Manual for the project.

14.24 ELECTRONIC DATA AND DOCUMENTATION SUBMITTAL SPECIFICATIONS (e.DOC)

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.

State Office Building Renovation 00 72 26 - 23 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
d) Updated As-Built Drawings
Any revisions or updated as-built drawings shall be provided in AutoCAD format on CD
30 days prior to Owner occupancy of the facility.

e) Submittal of Construction Documents


All documents provided in paper format shall be provided to Gilbane in an electronic
format (electronic documentation such as MS Word, MS Excel, or Adobe PDF) on CD or
USB flash drive. Documents that need to be provided in electronic format include:

 Drawings (e.g. as-builts, shop drawings, floor plans)


 Submittals
 Operations and Maintenance manuals
 Testing and Balancing reports
 Commissioning report

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.

ARTICLE 16 - USE OF SITE

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.

State Office Building Renovation 00 72 26 - 24 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
16.2 The Trade Contractor shall coordinate all of his operations with the Construction Manager. He shall
obtain approval from Construction Manager before using any portion of the project site and the
Trade Contractor shall comply with the Construction Manager's Site Utilization Plan. Coordinate all
work with the respective Trade Contractors and the Construction Manager. Note that jobsite hours
are 7:00 a.m. to 3:30 p.m. The Trade Contractor shall request authorization from the Construction
Manager at least 48 hours in advance to perform any work on off hours. Pay the costs for all
standby trades should work for this bid package be performed during other than normal work hours.
All delivery times to the jobsite must be coordinated with the Construction Manager. Additionally,
a representative of the Trade Contractor must be present to receive and unload any deliveries. Any
deliveries made to the jobsite without a Trade Contractor representative present, will be refused
access. The Trade Contractor will be held accountable for any schedule and/or financial impacts
related to the turning away of deliveries.

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.

ARTICLE 17 - CUTTING AND PATCHING OF WORK

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.

State Office Building Renovation 00 72 26 - 25 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
17.2 The Trade Contractor shall not damage or endanger any portion of the work of the Construction
Manager or any separate contractors by cutting, patching or otherwise altering any work, or by
excavation. The Trade Contractor shall not cut or otherwise alter the work of the Construction
Manager or any separate contractor except with the written consent of the Construction Manager
and of such separate contractor. The Construction Manager shall not unreasonably withhold from
the Trade Contractor or any separate contractor his consent to cutting or otherwise altering the
Work.

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.

State Office Building Renovation 00 72 26 - 26 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
19.1.2 Nothing in the contract documents shall create any contractual relationship between the Owner, the
Architect/Engineer or the Construction Manager and any Trade-Subcontractor of the Trade
Contractor.

19.2 AWARD OF TRADE-SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF


THE WORK

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 TRADE-SUBCONTRACTUAL RELATIONS

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

State Office Building Renovation 00 72 26 - 27 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
conditions of the proposed Trade-Subcontract which may be at a variance with the Contract
Documents. Each Trade-Subcontractor shall similarly make copies of such Documents available to
his lower tier Trade-Subcontractors.

ARTICLE 20 - SEPARATE TRADE CONTRACTS

20.1 MUTUAL RESPONSIBILITY OF TRADE CONTRACTORS

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

State Office Building Renovation 00 72 26 - 28 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
Owner or Construction Manager has incurred.

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.

State Office Building Renovation 00 72 26 - 29 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
ARTICLE 21 - GOVERNING LAW

21.1 The Contract shall be governed by the law of the State of Connecticut.

ARTICLE 22 - CLAIMS FOR DAMAGES

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.

ARTICLE 23 - RIGHTS AND REMEDIES

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.

State Office Building Renovation 00 72 26 - 30 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
24.4 If the Architect/Engineer or Construction Manager is to observe the inspections, tests or approvals
required by the Contract Documents, he will do so promptly and, where practicable, at the source of
supply. Provide access for Construction Manager inspections. This may include manlifts meeting
OSHA requirements where staging is not available.

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.

State Office Building Renovation 00 72 26 - 31 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
26.1.3 The date of Substantial Completion of the Work or designated portion thereof is the Date certified
by the Architect/Engineer when construction is sufficiently complete, in accordance with the
Contract Documents, so the Owner can occupy or utilize the Work or designated portion for the use
for which it is intended.

26.1.4 The term day as used in the Contract Documents shall mean calendar day unless otherwise
specifically designated.

26.2 Not used.

26.3 DELAYS AND EXTENSIONS OF TIME

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

State Office Building Renovation 00 72 26 - 32 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
Contractor shall be liable to the Construction Manager or other Trade Contractors for damages for
every day the Trade Contractor's scheduled completion is exceeded, provided, however, that such
refusal or failure is not the result of a justifiable delay as defined in Subparagraph 26.3.1. It shall be
understood and agreed that should delay in the project be attributable to more than one (1) Trade
Contractor, the Construction Manager, at his sole discretion, shall make a reasonable assessment of
the maximum damages for each Trade Contractor, such maximum damages being for every calendar
day of unexcused delay.

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.

ARTICLE 27 - PAYMENTS AND COMPLETION

27.1 PROGRESS PAYMENTS

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

State Office Building Renovation 00 72 26 - 33 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
inventoried by an authorized representative of the Construction Manager and/or the Owner and A/E
at the location of the stored materials. The individual conducting the inventory for the Construction
Manager shall state in writing that all of the requirements for granting this payment have been
satisfied by the submitting Trade Contractor. The Trade Contractor shall meet the following
requirements when submitting for payment of on-site or off-site stored materials:

Making Payments For On-Site Stored Materials:

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.

Making Payments For Off-Site Stored Materials:

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

State Office Building Renovation 00 72 26 - 34 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
Contract Documents, shall be provided a waiver of subrogation on any policy providing the
coverage required in this Subparagraph 27.1.3 The Trade Contractor shall also comply with the
following requirements:
 Provide a complete separate summary 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.
 These materials are to be consolidated in one location at the storage site in their own
designated area, which has been clearly marked off from other materials being stored at that
location.
 These materials are not to be relocated from their designated storage area without the prior
approval of the Construction Manager.
 The approved label shall include the names of the Owner, the Construction Manager and the
Trade Contractor; the Construction Manager project number, the project’s name and address,
and a short statement stating these materials are to be used only for their intended purpose on
the stated project and will not be diverted for any other use.
 Ensure items are properly stored off of the ground, protected from damage, loss, weather,
vandalism and theft in a manner acceptable to the Construction Manager.

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 PAYMENTS WITHHELD

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:

.1 defective work not remedied;

.2 third party claims filed or reasonable evidence indicating probable filing of such claims;

.3 failure of the Trade Contractor to make payments properly to Trade-Subcontractors or for


labor, materials or equipment;

.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;

State Office Building Renovation 00 72 26 - 35 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
.8 no payments on the basis of work performed by a Trade Contractor shall be paid until copies
of all bonds required, if any, and any certificates of insurance required of the Trade
Contractors under Article 30 have been filed with the Construction Manager.

.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;

.10 refusal to follow the Project Safety Program;

.11 failure to maintain record drawings as specified;

.12 failure to comply with DBE requirements;

.13 failure to provide updated material status reports;

.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;

.16 failure to comply with EEO requirements;

.17 failure to complete submittals within contractual requirements;

.18 failure to submit waivers of lien and/or contractor’s sworn statements; and

.19 failure to submit updated certificates of insurance.

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 FAILURE OF PAYMENT

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 FINAL COMPLETION AND FINAL PAYMENT

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

State Office Building Renovation 00 72 26 - 36 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
concur that the Work will be ready for final inspection or test on the date given, the
Architect/Engineer, Program Manager and the Construction Manager will make such inspection.
The Trade Contractor is required to furnish access for the final inspection. If the Work is found
acceptable under the Contract Documents and the Contract fully performed, and the Trade
Contractor has documented the turnover of spare stock of materials, spare parts, accessories and
special tools to the Owner through the Construction Manager, the Construction Manager, upon
receipt of a correct final Application for Payment, shall recommend to the Owner that such payment
be made.

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;

.2 faulty or defective Work appearing after Substantial Completion;

State Office Building Renovation 00 72 26 - 37 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
.3 failure of the Work to comply with the requirements of the Contract Documents; or

.4 terms of any special warranties required by the Contract Documents.

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

ARTICLE 28 - PROTECTION OF PERSONS PROPERTY

28.1 SAFETY PRECAUTIONS AND PROGRAMS

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 SAFETY OF PERSONS AND PROPERTY

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.

State Office Building Renovation 00 72 26 - 38 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
.4 Protect all work from damage during the execution of your work.

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

State Office Building Renovation 00 72 26 - 39 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
existing building, their use shall be as approved by the Construction Manager at the site. When
welding tools or torches of any type are in use, the Trade Contractor shall have available, in the
immediate vicinity of the work, a fire extinguisher of the ABC type. The fire extinguisher shall be
provided and maintained by the Trade Contractor.

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.

28.2.10 Shielding or similar precautions will be taken adjacent to welding operations.

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.

State Office Building Renovation 00 72 26 - 40 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
ARTICLE 30 - INSURANCE

30.1 TRADE CONTRACTOR'S INSURANCE

Trade Contractor shall purchase and maintain such insurance as is required by the Trade Contract
and these General Conditions for Trade Contractors.

30.2 PROPERTY INSURANCE

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.

30.3 RISK OF LOSS


Trade Contractor shall bear the risk of loss to any of its Work, including property intended to
become a part of its Work, until such Work or property is delivered to the Project site.

ARTICLE 31 - CHANGES IN WORK

31.1 CHANGE ORDERS/CONTRACT CHANGE ORDERS

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.

State Office Building Renovation 00 72 26 - 41 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
31.2 CONCEALED CONDITIONS

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.

31.3 CLAIMS FOR ADDITIONAL COST

31.3.1 A change in the work may be initiated in one of three ways:

.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).

.3 In response to a Trade Contractor's "Request for Information", the Architect/Engineers'


response may include instructions which the Trade Contractor interprets as involving "extra
work". In such cases, the Trade Contractor must submit written notice within ten days of the
date of the answer to the RFI to the Construction Manager requesting review and issuance of
an appropriate Request for Quotation.

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

State Office Building Renovation 00 72 26 - 42 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
d. Trade Contractor signature
e. Trade Contractor company name
f. Date
g. Quantities of material and equipment required
h. Material and equipment supplier quotations
i. Labor hours multiplied by contractual labor rate
j. Quantities of unit price work multiplied by contractual unit prices
k. Applicable taxes
l. Markup per contract
m. Bond cost, if applicable

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 MINOR CHANGES IN THE WORK

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.

31.5 TIME AND MATERIAL WORK

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

State Office Building Renovation 00 72 26 - 43 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
not alter the contractual obligations of the Trade Contractor and therefore does not indicate that a
change will be accepted or and Change Order issued.

ARTICLE 32 - UNCOVERING AND CORRECTION OF WORK

32.1 UNCOVERING OF WORK

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 CORRECTION OF WORK

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

State Office Building Renovation 00 72 26 - 44 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
Trade Contractor. If the Trade Contractor does not pay the cost of such removal and storage within
ten days thereafter, the Owner or Construction Manager may upon ten additional days' written notice
sell such Work at auction or at private sale and shall account for the net proceeds thereof, after
deducting all the costs that should have been borne by the Trade Contractor, including compensation
for the Construction Manager's additional services made necessary thereby. If such proceeds of sale
do not cover all costs which the Trade Contractor should have borne, the difference shall be charged
to the Trade Contractor and an appropriate Change Order shall be issued. If the payments then or
thereafter due the Trade Contractor are not sufficient to cover such amount, the Trade Contractor
shall pay the difference to the Owner or Construction Manager.

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.

ARTICLE 33 - TERMINATION OF THE CONTRACT

33.1 TERMINATION BY THE TRADE CONTRACTOR

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 TERMINATION BY THE OWNER OR CONSTRUCTION MANAGER

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

State Office Building Renovation 00 72 26 - 45 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
site and of all materials, equipment, tools, construction equipment and machinery thereon owned by
the Trade Contractor and may finish the work by whatever method he may deem expedient. In such
case the Trade Contractor shall not be entitled to receive any further payment until the Work is
finished.

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 TERMINATION FOR CONVENIENCE

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

State Office Building Renovation 00 72 26 - 46 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
require. Such claims shall be submitted promptly, but in no event more than forty-five (45) days
after the effective date of termination.

ARTICLE 34 - PRECONSTRUCTION MEETING - PROJECT REPORTS

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.

34.2.4 MATERIAL STATUS REPORT

A Material Status Report must be completed by each Trade Contractor.

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

State Office Building Renovation 00 72 26 - 47 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
and deletions. Interim reports on various elements of the work shall be submitted as required by the
Owner for investment, tax credit, pollution control, financing, and other purposes.

34.2.7 Monthly Progress Payment applications.

ARTICLE 35 - TEMPORARY SERVICES AND SYSTEMS

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.

State Office Building Renovation 00 72 26 - 48 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
.4 Maintenance, cleanup and removal of all temporary facilities provided by the Trade
Contractor for his exclusive use.

.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.

.8 Distribution of drinking water for his employees and sub-trade contractors.

.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.

35.8 Temporary Electric System

.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.

State Office Building Renovation 00 72 26 - 49 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
The distribution will be extended upward to other floors of the building as indicated.

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.

All Trade Contractors shall provide their own extension cords.

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.

.2 Operations and Maintenance

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.

.5 Payment for Electrical Energy

The Construction Manager will pay for the cost of all energy consumed by all trades during
the construction period metered through this system.

35.9 Temporary Heating

State Office Building Renovation 00 72 26 - 50 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
.1 Construction Heating

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.

.2 Temporary Use of Building System

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.

35.10 Temporary Water

.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

State Office Building Renovation 00 72 26 - 51 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
hose bibs when not in use and before the end of each work day.

.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.)

35.11 Housekeeping - Cleaning, Rubbish and Trash Removal

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.)

.4 However, to insure proper cleanup, notwithstanding the Trade Contractor's obligations to


cleanup any debris resulting from his own operations, and following proper notices, the
Construction Manager will undertake the cleanup and disposal of litter and other debris
whose source is unidentifiable. The cost of this special cleanup detail will be assessed
weekly against all Trade Contractors on a per capita basis and invoiced monthly. If any
cleanup invoice is not paid within thirty (30) days, it will be back-charged against the

State Office Building Renovation 00 72 26 - 52 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
respective Trade Contractor's monthly payment application.

.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.

.6 Use only cleaning materials and methods recommended by manufacturer of surface to be


cleaned. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer. Each Trade Contractor shall be responsible for assuring that affected
employees are provided with, and required to use, all needed personal protective devices in
connection with cleaning.

.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.

35.12 Vehicle Cleaning -- Trucking

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.

.2 Cleaning of concrete equipment shall be performed at locations designated by the


Construction Manager. Cleaning shall be conducted in such a manner as to prevent spillage of
fluid or concrete to the ground or penetration of existing ground soil. The responsible Trade
Contractor shall remove from the site all residue accumulated from the cleaning operations of
concrete equipment.

.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.

State Office Building Renovation 00 72 26 - 53 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
35.13 Site Security, Personnel & Property Protection

.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.

ARTICLE 36 - ORDER OF PRECEDENCE

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:

.1 Agreement between Construction Manager and Trade Contractor

.2 Agreement between Owner and Construction Manager

.3 Supplement, with later date having greater priority

.4 Gilbane Proposal Form (if any)

.5 General Conditions

.6 Specifications

.7 Drawings, large scale details and/or schedules

.8 Drawings, small scale

State Office Building Renovation 00 72 26 - 54 Gilbane Job No. J06930.000


New Parking Garage General Conditions for Trade Contractors January 3, 2017
Contractor Controlled Insurance Program
Special Instructions to Bidders

Gilbane Building Company in conjunction with State of Connecticut is implementing a Contractor


Controlled Insurance Program (“CCIP”) for the construction of the State Office Building Renovation and
New Parking Garage project. The CCIP will insure the Construction Manager and eligible and enrolled
Trade Contractors and Subcontractors for work performed at the Project site.

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.

State Office Building Renovation 00 73 16-1 Gilbane Job No. J06930.000


New Parking Garage CCIP Special Instructions to Bidders March 13, 2017
Gilbane Building Company
State Office Building Renovations and
New Parking Garage
Building: 165 Capitol Ave, Hartford, CT 06033
Parking Garage: 315 Buckingham Street,
Hartford, CT 06033

J06930-000
BI-2B-381 CMR
BI-2B-382

Contractor Controlled Insurance Program


Contractors Insurance Procedures Manual

6/30/17

THIS MANUAL IS A CONTRACT DOCUMENT

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
Table of Contents
1.0 INTRODUCTION ........................................................................................................... 4
1.1 Overview .......................................................................................................................... 4
1.2 About this Manual ............................................................................................................ 5
1.3 Responsibilities Concerning Loss Control & Claim Reporting………………………………………..5
2.0 PROJECT DIRECTORY ................................................................................................... 6
3.0 PROJECT DEFINITIONS ................................................................................................. 8
4.0 SUBCONTRACTOR RESPONSIBILITIES ......................................................................... 11
4.1 Alliant WrapX ................................................................................................................. 11
4.2 Subcontractor Bids ......................................................................................................... 12
4.3 Enrollment ...................................................................................................................... 12
4.4 Assignment of Return Premiums ................................................................................... 12
4.5 Payroll Reports ............................................................................................................... 13
4.6 Insurance Company Payroll Audit .................................................................................. 13
4.7 Completion of Work ....................................................................................................... 13
4.8 Safety .............................................................................................................................. 14
4.9 Claims Reporting ............................................................................................................ 14
4.10 Change Order Procedures .............................................................................................. 14
5.0 INSURANCE COVERAGE ............................................................................................. 15
5.1 Covered Parties .............................................................................................................. 15
5.2 Parties Not Covered ....................................................................................................... 15
5.3 Exclusion of Subcontractors from the CCIP.................................................................... 16
5.4 Evidence of CCIP Coverage ............................................................................................. 16
5.5 Description of Insurance Coverages............................................................................... 16
5.6 CCIP Termination or Modification.................................................................................. 18
5.7 General Liability Obligation................................................................................................ 18
6.0 SUBCONTRACTOR INSURANCE REQUIREMENTS ......................................................... 19
6.1 Workers’ Compensation................................................................................................. 20
6.2 General Liability.............................................................................................................. 20
6.3 Business Auto Liability.................................................................................................... 21
6.4 Construction Equipment Insurance ............................................................................... 22
6.5 Professional Liability Insurance (Errors & Omissions) ................................................... 22

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
6.6 Aviation Insurance.......................................................................................................... 23
6.7 Pollution Liability ............................................................................................................ 23
6.8 Riggers Liability………………………………………………………………………………………………………….23
6.9 Conditions of Understanding ......................................................................................... 23
6.10 Other Insurance Requirements of All Subcontractors ................................................... 24
7.0 CLAIM PROCEDURES.................................................................................................. 25
7.1 General Procedures........................................................................................................ 25
7.2 Investigation Assistance ................................................................................................. 26
7.3 Workers Compensation Claims ...................................................................................... 26
7.4 Return to Work............................................................................................................... 27
7.5 Incident Management and Reporting Procedures for Trade Contractors ..................... 30
7.6 Sample Offer of Temporary/Alternative Position Letter ............................................... 31
7.7 Liability Claims ................................................................................................................ 32
7.8 Property Claims .............................................................................................................. 32
7.9 Automobile Claims ......................................................................................................... 32
7.10 Pollution Claims............................................................................................................... 33
7.11 Loss Runs ......................................................................................................................... 33
8.0 APPENDIX ..................................................................................................................... 34

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
1.0 INTRODUCTION

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:

x Commercial General/ Excess Liability


x Workers’ Compensation

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
1.2 About this Manual
This manual is designed to identify, define, and assign responsibilities for the
administration of the CCIP. The guidelines in this manual are to be used for informational
purposes only.

This Manual:

x Generally describes the CCIP


x Identifies responsibilities of the various parties involved in the project with regards to
the CCIP
x Provides a basic description of the CCIP operation
x Describes audit and administration procedures for the CCIP
x Provides answers to basic questions about the CCIP

This manual will be updated throughout the course of the project if necessary

This Manual does not:

x Provide coverage interpretations


x Provide complete information about coverage
x Provide answers to specific claims questions

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.

1.3 Responsibilities Concerning Loss Control & Claim


Reporting
It will be the responsibility of all Subcontractors of any tier to exercise every reasonable
action to prevent work related injuries, property and equipment damage at the project
site, as well as to minimize the exposure of risk to the public and third party property. All
Subcontractors of any tier will conduct loss control prevention practices according to
those requirements set by Federal, State and Local Laws, statutes, and specific project
procedures developed for this project.

In the event of an accident, it will be the obligation of the responsible Subcontractor of


any tier to see that the injured workers or members of the public are given immediate
medical treatment. Also, all appropriate medical and claim forms must be filed with the
appropriate Authorities, the Primary CCIP Carrier, Site Safety Personnel, and the CCIP
Administrator.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
2.0 PROJECT DIRECTORY
CCIP ADMINISTRATOR
Alliant Insurance Services
Construction Services Group
140 east 45th Street, Suite 6B
New York, NY 10017

PROGRAM MANAGER PROGRAM ADMINISTRATOR

Cory Davis Sarina Fanelli


Office: 212-895-2922 Office: 212-895-2921
CDavis@alliant.com Sarina.Fanelli@alliant.com

VICE PRESIDENT - CLAIMS

Cathie McGrath
Office: 516-414-8931
Fax: 855-278-8194
cmcgrath@alliant.com

WORKERS COMPENSATION GENERAL LIABILITY


CLAIMS ADVOCATE CLAIMS ADVOCATE

Lorraine McCormick Nancy Hluboky


Office: 516-414-8933 Office: 516-414-8924
Fax: 516-414-8682 Fax: 516-414-8967
lmccormick@alliant.com nhluboky@alliant.com

CCIP PORTAL – ALLIANT WRAPX

Online Enrollment, Payroll Reporting &


CCIP Document
Document Management
Submission
Website:
Email:alliantwrapx@alliant.com http://alliantwrapx.alliantinsurance.com/contractorportal

*Contact Project Administrator for User Access

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
SPONSOR
Gilbane Building Company
7 Jackson Walkway
Providence, RI 02903
Phone: 1-800-GILBANE

CCIP Manager Subcontract Risk Manager

Greg Jasina Barry Manfredi


gjasina@GilbaneCo.com Office: 401-456-5628
BManfredi@gilbaneco.com

Claims Manager
Liz Millette
Office: 401-456-5517
Mobile: 860-367-7736
EMillette@gilbanceco.com
PROJECT EXECUTIVE PURCHASING MANAGER

Amar Shamas Patrick Delany


Office: 860-368-5132 Office: 860-368-5120
Fax: 860-368-5100 Fax: 860-368-5120
ashamas@gilbaneco.com Pdelany@gilbaneco.com

CCIP Coverages
INSURANCE COMPANIES POLICIES
American Zurich Insurance Company Workers’ Compensation
American Zurich Insurance Company General Liability
Various Excess Liability

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
3.0 PROJECT DEFINITIONS

The following definitions apply to this project and to the descriptions of the Project
Coverage used in this manual:

Approved Off-Site Locations:


Storage yards or staging areas used solely in connection with performing work at the
Project Site. All locations must be approved by the Sponsor and insurer.

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
Insurer:
The insurance company named on a policy or certificate of insurance that provided
coverage for the CCIP.

Participating Subcontractor: See Enrolled

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.

Subcontractor (aka: Trade Contractor):


Any entity contracting directly with the Sponsor.

Sub-subcontractor:
Any entity of any tier subcontracting with a Subcontractor to the Sponsor.

Subcontractor Claims Obligation:


The amount Subcontractors of every tier are responsible for paying as their contribution
for settlement of an insured loss.

Sponsor (aka: Construction Manager):


Gilbane Building Company

Unauthorized Parties: Individuals or contractors are designated as Unauthorized


Parties (Parties who are not allowed on the project site and for whom CCIP coverage
will not apply) in the event that:
a) The employee does not complete the Gilbane safety orientation training or
does not obtain proper badging as required by the project.
b) The employee has not complied with substance abuse protocols and
requirements. Trade Contractors are responsible for substance abuse
protocols and standards as outlined in safety manual.

Please refer to the Safety Manual for actual substance abuse protocol and
requirements.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
Work:
Operations as fully described in the Contract, performed at, or emanating directly from
the Project Site. Also, the entire completed construction or the various separately
identifiable parts required to be furnished under the Contract documents.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
4.0 SUBCONTRACTOR RESPONSIBILITIES
Subcontractors of any tier are required to cooperate fully with the Sponsor and its CCIP
Administrator in all aspects of CCIP operation and administration. All Subcontractors of
any tier will be required to provide information necessary to bind coverage under the CCIP
on a “per contract” basis. Responsibilities of the Subcontractor include:

x Exclude the cost of insurance from their bid as appropriate.


x Complete online CCIP enrollment process.
x Include the CCIP provisions in all subcontracts as appropriate
x Notify the CCIP Administrator of all subcontracts awarded and to provide all
necessary information for enrollment.
x Maintain and report monthly payroll expenditures to the CCIP Administrator.
x Cooperate with the CCIP Administrator’s requests for information.
x Comply with all insurance, claim, and safety procedures.
x Notify the CCIP Administrator immediately of any insurance cancellation or non-
renewal (contractor-required insurance).

4.1 Alliant WrapX


Alliant WrapX (WrapX) is a proprietary Risk Management Information System
(RMIS). All relevant CCIP information will be captured and stored online in a
“paperless” format through WrapX. Information to be stored includes award
notifications, enrollment information, CCIP payroll, and notice of work completions for all
contractors on a per contract basis. Alliant Insurance will provide all CCIP Eligible
Contractors a project welcome letter detailing instructions for utilizing the WrapX
contractor portal upon receipt of a Notice of Award for the awarded contractor.

Submission of all CCIP related documents should be sent by e-mail to:

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
4.2 Subcontractor Bids
Each bidder is required to exclude its normal cost for the insurance coverages
provided by the CCIP from the bid/subcontract price.

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.

4.4 Assignment of Return Premiums


The Sponsor will pay the cost of the CCIP insurance coverage. The Sponsor will be the
sole recipient of any return CCIP premiums or dividends. All Participating Subcontractors
shall assign to Sponsor all adjustments, refunds, premium discounts, dividends, credits,
or any other monies due from the CCIP insurers.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
4.5 Payroll Reports
Each Participating Subcontractor must submit a Monthly Payroll Report online identifying
man-hours and payroll for all work performed at the Project Site on a “per contract” basis
to the CCIP Administrator.

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.

Payroll shall be unburdened and allocated by Workers’ Compensation Classification(s),


and shall be reported on both a gross and net basis, as per the relevant state’s workers
compensation payroll reporting requirements. Subcontractors of all tiers shall limit the
payroll reported for Owners and Executive Officers as stated in the relevant state’s
workers compensation manual rules.

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

4.6 Insurance Company Payroll Audit


Each Participating Subcontractor is required to maintain payroll records for the Project
Site in accordance with the Basic Manual of Rules, Classifications, and Experience Rating
Plan for Workers’ Compensation and Employers Liability Insurance. Each Participating
Subcontractor is required to participate in any audit conducted by the insurers for the
CCIP, and to cooperate with the auditor(s) conducting such audit.

4.7 Completion of Work


When a Participating Subcontractor has completed its work, each Participating
Subcontractor shall complete a Notice of Work Completion online and submit it to the
CCIP Administrator. The Sponsor will not release final payment until all required data has
been submitted to and approved by the CCIP Administrator. It is the upper-tier
Subcontractor’s responsibility to assure that each of their lower-tier subcontractors
completes this form. This form must be completed separately for each contract.

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
4.8 Safety
Non-compliance with Project Loss Control Requirements could be considered to be the
same as non-compliance with another contractual condition. Minimum standards for
Subcontractor programs are outlined in the State Office Building Renovations and New
Parking Garage Project Safety Manual.

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.

4.9 Claims Reporting


Please refer to section 7 of this Manual.

4.10 Change Order Procedures


All change orders submitted by Subcontractor of any tier will be priced to exclude their
normal cost of insurance for the coverage(s) that are provided by the CCIP.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
5.0 INSURANCE COVERAGE
5.1 Covered Parties
Subcontractors of any tier must enroll in the CCIP before coverage is available to them
for any loss. Therefore no Subcontractor of any tier shall begin work on site until they
have properly enrolled in the CCIP. All insurance, underwriting, payroll, rating or loss
history information (including evidence of other insurance required under Section 5
requested by the Administrator) must be provided to the Administrator by Subcontractor
of any tier within five (5) working days of the request. A Subcontractor or Sub-
Subcontractor shall not be deemed to be a Participating Subcontractor and shall not be
permitted to work on the project until enrolled in the CCIP by the Administrator.
Enrollment will be established only upon issuance by the Administrator of a CCIP
Certificate of Insurance to the Participating Subcontractor. Every Participating
Subcontractor shall, at all times during and after the Project, cooperate with the Sponsor,
the Administrator, and the CCIP insurers and adjusters concerning matters relating to the
CCIP.

5.2 Parties Not Covered


At the sole discretion of Gilbane, and/or subject to State regulations, they
may elect to enroll or exclude any trade contractors, parties or entities.

The following parties will be excluded:

a) Hazardous materials remediation, removal and/or transport companies


and their consultants;
b) Any trade contractor performing/involved in; Structural Demolition,
Cranes, Hoist's and Scaffolding
c) Architects, engineers, and soil testing engineers, and their consultants;
surveyors, industrial hygienists
d) Vendors, suppliers, fabricators, material dealers, truckers, haulers, drivers
and others who merely transport, pickup, deliver, or carry materials,
personnel, parts or equipment or any other items or persons to or from
the Project Site;
Trade Contractors, and any of their respective Sub-Trade Contractors,
who do not perform any actual labor on the Project Site. In the event the
trade contractor does not have on-site labor, but its Sub-Trade Contractor
does have on-site labor, the sub-trade contractor will need to fully enroll.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
5.3 Exclusion of Subcontractors from the CCIP
The Sponsor has the exclusive right to exclude Subcontractors of any tier from
participating in the CCIP. Such Nonparticipating Subcontractors, who will not be covered
under the CCIP, must comply with the insurance requirements as outlined in the Contract
document.

5.4 Evidence of CCIP Coverage


Each Participating Subcontractor will be issued an individual Workers’ Compensation
policy including Employer’s Liability coverage. The CCIP Administrator will also provide
a Certificate of Insurance evidencing General Liability, and Excess Liability insurance to
each Participating Subcontractor, each of whom will be a named insured on the policy.
Other documentation including forms, posting notices, if any, will be furnished to each
Participating Subcontractor. A copy of the liability policies is available at Gilbane Building
Company’s field office upon request.

5.5 Description of Insurance Coverages


The following coverage is provided by the CCIP:
x Commercial General/ Excess Liability
x Workers’ Compensation and Employer’s Liability

Liability Insurance Policies: Master policies will be endorsed to include the


Sponsor and any of their affiliates, or subsidiary companies or corporations, as well as
the Subcontractors enrolled in the CCIP as a Named Insured.

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
5.5.1 Workers’ Compensation and Employer’s Liability Insurance
Workers’ Compensation and Employer’s Liability
Part One: Workers’ Compensation Statutory Limit

Part Two: Employer’s Liability Annual Limits Per Insured


Bodily Injury by Accident, each accident $1,000,000
Bodily Injury by Disease, each $1,000,000
employee
Bodily Injury by Disease, policy limit $1,000,000
Each Enrolled Subcontractor will be issued a separate workers’ compensation policy

5.5.2 Commercial General Liability Insurance


Limits of Liability
Shared by All Insureds
General Aggregate $ 4,000,000
Products/ Completed Operations Limit (Reinstates Annually) $ 4,000,000
Personal/ Advertising Injury Limit $ 2,000,000
Each Occurrence Limit $ 2,000,000
Damage to Premises Rented to You Limit $100,000
Medical Expense Limit $10,000
Completed Operations Extension Period 10 years/Statute of
Limitation
Deductible Paid for by Sponsor
The deductible will apply only to loss covered by insurance policies in the CCIP. The deductible
does not impose upon the Sponsor any duties of an insurer toward Participating Subcontractor.
A Single General Liability policy will be issued covering all insureds.

5.5.3 Excess Liability Insurance

Limits of Liability
Shared by All Insureds
Each Occurrence Limit $ 100,000,000
Annual General Aggregate Limit $ 100,000,000

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
5.6 CCIP Termination or Modification
The Sponsor reserves the right to terminate or modify the CCIP or any portion thereof. If
the Sponsor exercises this right, subcontractors will be provided notice as required by the
terms of their individual contracts. At its option, Sponsor may procure alternate coverage
or may require the Subcontractors to procure and maintain alternate insurance coverage.

5.7 General Liability Obligation


At Gilbane’s discretion, the trade contractor or sub-trade contractor of any tier may be
required to pay up to the first $5,000 per occurrence to the extent losses payable are
attributable to trade contractor’s Work, or the acts or omissions of its sub-trade
contractors or any other party performing any of the Work for whom the trade contractor
may be contractually or legally responsible. All monies collected via this obligation will
be reinvested into site safety/performance awards.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
6.0 SUBCONTRACTOR INSURANCE REQUIREMENTS
Subcontractors of any tier are required to maintain insurance coverage that protects the
Sponsor from liabilities arising from the Subcontractor of any tier’s operations performed
away from the project site, for types of coverage not provided by the CCIP, and for
operations performed in connection with excluded parties operating under your control or
direction.

Verification of insurance shall be submitted in the form of a Certificate of Insurance on a


standard ACORD Form 25-S and the required and applicable endorsements to the listed
policies. A sample of an acceptable Certificate of Insurance and other documentation is
provided for your review in the Appendix.

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.

Current Experience Modification Rating (EMR) for


subcontractors of any tier should be 1.0 or less in order to
qualify for CCIP Enrollment.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
6.1 Workers’ Compensation
All Participating Subcontractors shall maintain at their own expense Workers’
Compensation Insurance applicable to all employees and subcontractors hired by the
insured, who are not covered under the CCIP workers’ compensation policy. The
insurance shall provide limits as follows:

Workers’ Compensation and Employer’s Liability


Part One: Workers’ Compensation Statutory Limit

Part Two: Employer’s Liability Annual Limits Per Insured


Bodily Injury by Accident, each accident $1,000,000
Bodily Injury by Disease, each $1,000,000
employee
Bodily Injury by Disease, policy limit $1,000,000
Enrolled Subcontractors shall provide evidence of workers’ compensation applicable to “off-
site” activities. Excluded Subcontractors shall provide evidence of workers compensation
applicable to “on-site” and “off-site” activities.

A certificate of insurance evidencing this coverage shall be provided to the CCIP


Administrator. If any Subcontractor of any tier is leasing labor though an Employee
Leasing Firm or Professional Employer Organization (PEO), then Subcontractor shall
attach an Alternate Employer Endorsement to its policy and schedule the Sponsor.

6.2 General Liability


This insurance shall include coverage for bodily injury, property damage, and personal
injury with no less than the following limits:

General Liability and Excess Liability


Enrolled Parties Excluded Parties
General Aggregate $ 2,000,000 $ 2,000,000
Products/ Completed Operations Aggregate $ 2,000,000 $ 2,000,000
Personal/ Advertising Injury $ 1,000,000 $ 1,000,000
Each Occurrence Limit $ 1,000,000 $ 1,000,000
Medical Expense $ 5,000 $ 5,000
Excess Liability Occurrence/Aggregate $ 5,000,000 $ 5,000,000
Liability Requirements for use of Cranes
Utilizing Tower Cranes (New York City) $80,000,000 $80,000,000
Utilizing Tower Cranes $25,000,000 $25,000,000
Utilizing Mobile Cranes $10,000,000 $10,000,000

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
Enrolled Subcontractors shall provide evidence of general liability insurance for “off-site”
activities. Excluded Subcontractors shall provide evidence of general liability insurance
applicable to “on-site” and “off-site” activities.

A certificate of insurance evidencing this coverage shall be provided to the CCIP


Administrator. This insurance shall be endorsed to name Gilbane Building Company and
all other entities as required by contract as additional insureds on a primary and non-
contributory basis, and provide evidence of such status via the additional insured
endorsement CG 2010 11/85 or its equivalent.

Subcontractor’s Policy shall NOT contain the following exclusions:


x Must not exclude coverage for explosion, collapse and underground hazards (XCU
exclusion).
x Must not contain any exclusions or limitations of coverage because of Wrap-up
exclusions or project specific exclusions.
x Must not contain any exclusion for or limitation applicable to residential work, or
any prior work exclusion.

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.

6.3 Business Auto Liability


Subcontractors of every tier will maintain at their own expense Automobile Liability
Insurance covering the operations, maintenance, use and loading and unloading of all
owned, non-owned, and hired vehicles. As such, all subcontractors of any tier shall
furnish to the CCIP Administrator a Certificate of Insurance showing such coverage with
the following minimum limits of liability. This insurance shall be endorsed to name Gilbane
Building Company and all other entities as required by contract as additional insureds on
a primary and non-contributory basis and provide evidence of such status via additional
insured endorsement CA 2048 02/99 or its equivalent.

Business Auto Liability

Combined Single Limit: Bodily Injury and/or $1,000,000


Property Damage

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
All Subcontractors shall provide evidence of automobile liability. The CCIP does
not cover automobile liability.

NOTE: Subcontractors workers compensation, general liability,


umbrella/excess liability, and auto liability policies shall all be endorsed to
provide a waiver of subrogation in favor of Gilbane Building Company and all
additional insureds and indemnitees required in the contract.

6.4 Construction Equipment Insurance


Any policies maintained by the Participating Subcontractors on their owned, borrowed
and/or rented equipment and materials shall contain a provision requiring the insurance
carriers to waive their rights of subrogation against the Sponsor and all other indemnities
named in their contract documents.

The CCIP does not cover subcontractor’s property.

6.5 Professional Liability Insurance (Errors & Omissions)


In the event any contract specifications requires a Participating Subcontractor, including
any professional service provider, to perform professional services, such as, but not
limited to, architectural, engineering, construction management, surveying, design, etc.,
a certificate of insurance must be provided to the CCIP Administrator prior to commencing
work:

Professional Liability

Each Claim $ 1,000,000


Aggregate $ 1,000,000

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.

The CCIP does not provide Professional Liability insurance.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
6.6 Aviation Insurance
In the event any fixed aircraft, rotary aircraft, or Unmanned Aerial Vehicles (“drones”) are
used in connection with this Agreement and/or execution of the work, policy limits must
be in accordance with the Sponsor’s requirements. The CCIP does not provide
Aviation insurance or coverage for liability arising out of the use of UAVs.

6.7 Pollution Liability


If this Agreement involves the removal of asbestos or any other hazardous or regulated
materials, the removal/replacement of underground tanks, or use of toxic chemicals and
substances, the Subcontractor will be required to provide coverage of not less than the
following limits, for such exposures subject to requirements and approval of the Sponsor:

Pollution Liability

Each Claim/Per Occurrence $ 5,000,000


Aggregate $ 5,000,000

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.

The CCIP does not provide Pollution Liability insurance.

6.8 Riggers Liability


Riggers Liability Insurance. To the extent the Trade Contractor’s Work requires it to utilize
power-operated equipment (as defined under OSHA 1926.1400 (a)) to hoist, lower or
otherwise move a suspended load, then it shall provide riggers liability insurance. The
limit for this coverage shall equal or exceed the full replacement cost value of the largest
hoist intended to be made within its Scope of Work. This insurance shall name
Construction Manager and Owner as loss payees to this insurance.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
6.9 Conditions of Understanding
The amount and types of insurance coverage required herein shall not be construed to
be a limitation of the liability on the part of the Sponsor, Participating Subcontractors,
Nonparticipating Subcontractors, or any lower-tier Subcontractors. Any type of insurance,
or any greater limits of liability than described above, which the Subcontractor requires
for their own protection or on account of statute, shall be the Subcontractor’s own
responsibility and at its own expense. The carrying of the insurance described shall in no
way be interpreted as relieving a Subcontractor of any tier, whether Participating or Non-
Participating, of any responsibility of liability under this contract.

6.10 Other Insurance Requirements of All Subcontractors


Participating Subcontractor shall file certificates of such insurance with the Sponsor,
which shall be subject to the Sponsor’s approval for adequacy of protection, including the
satisfactory character of any Insurer. If requested by the Sponsor, a certified copy of the
actual policy(s) with the appropriate endorsement(s) and other documents shall be
provided to the Sponsor.

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
7.0 CLAIM PROCEDURES
This section describes basic procedures for reporting various types of Claims: Workers’
Compensation, Liability, and damage to the Project.

7.1 General Procedures


The Trade Contractor is to report all injuries, occupational-related illnesses or property
damage to the Site Safety Manager immediately. All Parties will instruct employees and
other personnel to report, in writing, by the end of the business day, all Accidents and
Occurrences of any type to the Site Safety Manager or Project Superintendent.

At Construction Manager’s discretion, trade contractors and sub-trade


contractors of any tier may be assessed a $2,500 penalty for any claims not
reported by the end of the business day for each occurrence.

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.

Occupational Medical Clinic Information: TBD

Hospital Information: TBD

For Eye/Ear Injuries: TBD

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
Immediately call the Site Safety Manager or Project Superintendent in the event of
the following, including but not limited to:
ƒ Any injury for which an ambulance is called
ƒ Injury to head or neck
ƒ Possible injury to back or spinal cord
ƒ Unconscious employee
ƒ Possible blindness
ƒ Amputation of limbs
ƒ Fatality
ƒ Heart attack or stroke
ƒ Hospitalization
ƒ Property damage estimated over $1,000

7.2 Investigation Assistance


All Parties will assist in the investigation of any accident or occurrence involving injury to
persons or property. All Enrolled Parties will cooperate with the companies involved in
adjusting any claim by securing and giving evidence and obtaining the participation and
attendance of witnesses required for the investigation and defense of any claim or suit.

7.3 Workers Compensation Claims


The main responsibility for any Party is first to see that the injured worker receives
immediate medical care. Next, you should immediately notify the Site Safety Manager in
the event of a serious injury or accident.

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.

2. Report all injuries or occupational-related illnesses by the end of the business


day to the Employer’s Project Supervisor and Gilbane’s Site Safety Manager or
Site Superintendent.

3. Employer must complete an Accident Investigation Report Form and return to


Construction Manager’s Site Safety Manager by the end of the business day.
The Site Safety Manager will fax/mail the completed form to the Insurance
Carrier by the end of the business day.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
4. Supply the Injured Party with a Medical Information Claim Folder which shall
include a Doctor’s Initial Report Form, Construction Manager’s 90 Day Modified
Alternate Duty Program, Position Description and a Medical Authorization Form
which are to be returned by the Injured Party to the Site Safety Manager by the
end of the business day.

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.

6. Immediately send all subsequent medical return to work notes, inquiries or


correspondence about an Injured Party to the Site Safety Manager.

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.

At Construction Manager’s discretion, trade contractors and sub-trade


contractors of any tier may be assessed a $1,500 per week for failure to
implement return to work program requirements.

7.4 Return to Work


Purpose:

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.

Construction Manager has a ”Return To Work” (RTW) program, which will be


implemented by each trade contractor. Each trade contractor will provide a Modified
Alternate Duty Program for an employee who has sustained a work related injury or
illness and is medically unable to perform all or any part of his / her normal duties during
all or any part of the normal workday or shift.

This applies to all trade contractors of all tiers on the project.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
The program must include, but not be limited to:
ƒ Immediate reporting of all work related injuries to Construction Manager.
ƒ All injured employees will be provided with an approved medical treatment facility
listing where appropriate, or a recommended panel listing. If there is any doubt as to
where to go for treatment, the injured employee must contact Construction Manager.
ƒ Trade contractors need to communicate to the injured employee and physician;
Construction Manager’s Return To Work Program and facilitates Modified Alternate
Duty with physicians and the employee.
ƒ The injured employee must provide Construction Manager’s Safety Manager, Project
Managers, Supervisors and Foreman copies of all medical notes, to include a
statement on work capacity.
ƒ Modified Alternate Duty assignments must comply with all medical limitations as
outlined by a physician.
ƒ Construction Manager’s Safety Manager, Project Managers, Supervisors and
Foreman all must be informed of the modified alternate duty assignment, anticipated
length of alternate duty, and the restrictions.
ƒ The injured employee is not to assume normal work activities unless there is medical
documentation releasing them to their normal duties and presented to Construction
Manager’s Safety Manager.

Responsibilities:

The following will define the reporting responsibilities of each party involved in the CCIP
for Return to Work.

Sub-Trade Contractor – A successful return to work program requires the cooperation


and accountability of all your employees.
ƒ Failure of a trade contractor to provide reasonable Modified Alternate Duty to an
injured worker will result in a $1,500 weekly assessment against the trade contractor
until the injured employee is returned to work in either a modified alternate duty
position or full duty.
ƒ Ensure that your employees understand Construction Manager’s RTW program and
clarify any procedures that are unclear.
ƒ Your employees are to report all injuries, even minor incidents, immediately within
established reporting protocols.
ƒ Your employees are to work closely with Construction Manager and your managers/
supervisors and communicate all necessary information regarding their ability to
return to work.
ƒ Your employees are to provide the physician with the information, including the RTW
program, necessary to help them determine how and when they can return to work.
ƒ Your employees are to work within their medically stated limitations.
ƒ Your employees are to help co-workers stay focused and provide a positive
environment when they return to modified alternate duty.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
Supervisor / Manager – Supervisors / Managers play a key role in the success of the
return to work program. They must implement and manage the program.
ƒ Understand and support Construction Manager’s written policies / procedures.
ƒ Complete the Accident Forms immediately after the incident as per the Incident
Management and Reporting Procedures (attached).
ƒ Facilitate treatment with the injured employee.
ƒ Coordinate Modified Alternate Duty with the injured employee within the injured
employee’s work abilities as per the medical documentation.
ƒ Monitor the injured employee’s progress on modified alternate duty and provide
weekly updates to the Construction Manager’s Safety Coordinator.

Insurance Carrier Team – Are responsible for the daily claim handling.
ƒ Coordinate medical care and return to work issues.
ƒ Contact and communicate with the treating physician following each office visit.
ƒ Manage issues related to claim file resolution.
ƒ Analyze losses and recommend corrective action.

At Construction Manager’s discretion, trade contractors and sub-trade


contractors of any tier may be assessed a $1,500 per week for failure to
implement return to work program requirements.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
7.5 Incident Management and Reporting Procedures for
Trade Contractors
EMERGENCIES (Serious Bodily Injury)
1. Call responding Emergency Medical Service (911) and Notify Construction
Manager’s Personnel immediately
2. Secure and Check scene for safety
3. Implement and follow site specific Emergency Action Plan.

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
7.6 Sample Offer of Temporary/Alternative Position Letter
Dear Employee:

(Contractor or Owner Name) is extending an offer of temporary transitional employment.

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 being offered a position as a ___________________. This temporary transitional


employment is subject to the limitations described on the attached medical report from
________________. The wages you will be paid are $__________ per hour. The work
hours are _______________.

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.

YOUR FAILURE TO REPORT TO WORK AS OUTLINED ABOVE MAY RESULT IN THE


TERMINATION OF YOUR WORKER’S COMPENSATION BENEFITS.

Sincerely,

SEND CERTIFIED, RETURN RECEIPT REQUESTED, AND REGULAR MAIL

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
7.7 Liability Claims
Trade contractors must immediately report all Accidents at the Project Site involving
death, injury, or damage to property of non-employee personnel (the public, tenants,
and visitors) to the Site Safety Manager. As soon as the on-site personnel become
aware of the accident or occurrence, they must:

1. Take appropriate emergency measures to prevent additional injury or damage,


including contacting police and fire authorities as required by law.

2. Complete and submit an Accident Investigation Report to the Site Safety


Manager by the end of the business day.

3. Immediately send all subsequent inquires or correspondence about an insured


loss or claim, including a summons or other legal documents, to the Site Safety
Manager immediately.

At Construction Manager’s discretion, trade contractors and sub-trade


contractors of any tier may be assessed a $2,500 penalty for any claims not
reported by the end of the business day for each occurrence.

Do not voluntarily admit liability. Cooperate with Construction Manager or the CCIP
Insurer representatives in the accident investigation.

7.8 Property Claims


Report any damages to your Work or the Work of any other trade contractor to the Site
Safety Manager. In addition, complete the Accident Investigation Form and submit it to
the Site Safety Manager immediately.

7.9 Automobile Claims


No coverage is provided for automobile accidents under the CCIP. It is the sole
responsibility of each Party to report accidents/claims involving their
automobiles to their own insurers.

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
7.10 Pollution Claims
No coverage is provided for pollution incidents under the CCIP. It is the sole
responsibility of each Party to report accidents/claims to their own insurers.

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.

7.11 Loss Runs


An enrolled trade contractor may obtain loss runs for their own on-site experience by
requesting, in writing on their company letterhead, directed to the Program
Administrator.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
8.0 APPENDIX

x Enrollment: ONLINE SUBMISSION REQUIRED

x Notice of Subcontractor Award – To be completed by All Awarding Subcontractors for

their lower tiers

x Monthly On-Site Payroll Report – ONLINE SUBMISSION REQUIRED

x Notice of Work Termination – ONLINE SUBMISSION REQUIRED

x Subcontractor’s Incident Report Form

x Notice of Property Loss Form

x Connecticut Employer’s First Notice of Loss or Injury

x Certificate of Insurance Checklist and Samples

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
Alliant WrapX Enrollment Process
x Enrollment into the project will be completed online.
x You will receive access to the online system: Alliant WrapX, within three days after Alliant has
been notified of your awarded contract.
x Please contact the Wrap Administrator if you have not been given a login ID and Password
x Link to the Contractor Portal: https://alliantwrapx.alliantinsurance.com/ContractorPortal
x After logging into the system, find your newly awarded contract under the Awarded Contracts
window.

x Click on Complete Enrollment to begin the process


x The enrollment wizard will start on the Review page. Any section that is not compliant will be
listed in Red. Click Edit to begin updating that section, and continue through the enrollment
wizard by clicking Next

x Please see the required information listed below so you can have all the information ready
when you are attempting to enroll.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
Required Information for Online Enrollment

Required Information Help


1 Contractor name May include type of company: Corporation,
LLC, etc…
2 Parent contractor name Name of company you are contracted with
3 Contractor Federal ID Number Check Alliant data and update
4 Start Date at project site Day physical work starts at jobsite
5 Estimated completion date Can be an estimate
6 Contract Value
7 Contract Description Scope of work
8 Contractor Address Physical address of office. Any P.O. Box
should be entered under Mailing address
9 Contractor Main Phone and Fax
numbers
10 Contractor Primary Contact Name
11 Contact position
12 Contact phone and fax numbers, and Email is preferred method for communication
email address
13 Contractor Payroll Contact Name Can be the same as the Primary Contact
14 Payroll Contact phone and fax Email is preferred method for communication
numbers, and email address
15 Workers’ Compensation Class Codes Can be found in your company WC rate
to be used on job pages
16 Estimated Man hours and Payroll Required for enrollment
17 Risk ID # Also called Rating Board file #
18 Rating Bureau NCCI or WCRIB or similar name
19 Experience Modifier (EMR) Can be found in your company WC rate
pages
20 WC Offsite Carrier Corporate WC carrier name
21 WC Offsite Policy # Corporate WC policy number
22 WC effective date Corporate WC effective date
23 Policy Expiration Date Corporate WC expiration date
24 If any work is being subcontracted At a minimum: Contractor name; estimated
out, please include information about start date; contact name, email and phone
subcontractors so enrollment can be number; and contract value for
started for each contractor subcontracted work.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000
New Parking Garage CCIP Manual June 30, 2017
State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000
New Parking Garage CCIP Manual June 30, 2017
State Office Building Renovations and
New Parking Garage
J06930-000/BI-2B-381 CMR/BI-2B-382
NOTICE OF SUBCONTRACTOR AWARD
Subcontractor Making Award: Date:
By: Title:
Phone: E-mail:

A subcontract has been awarded as follows:


Subcontractor to be Enrolled
Subcontractor to be Excluded

Subcontractor Name:

Contract Number: ___________________

Federal Employer Identification Number

Subcontractor Address:

Phone Number: Fax Number:

Contact Person:

E-Mail Address: Date Awarded:

Estimated Start Date: Estimated Completion:

Contract Value:

Description of Work:

Anticipated Sub-subcontractors:

Sub-subcontractors work to be performed:

Additional coverage to be tracked:

Professional Liability Value:______________


Pollution Liability Value:______________
Riggers Liability Value:______________

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

Submit Form To:


Sarina Fanelli
Alliant Insurance Services
Address: 140 East 45th Street, Suite 6B
Phone: 212-895-2921
Sarina.Fanelli@alliant.com
State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000
New Parking Garage CCIP Manual June 30, 2017
Gilbane Building Company
State Office Building Renovations and New Parking Garage

FORM – A
CONTRACT ,1)250$7,21 FORM
Section I (QUROOHGDQG([FOXGHG&RQWUDFWRUV
Company Name: Address:

Phone: Fax:

Contact: Email:

Federal ID#: Project Location:

Work Description:

Unemployment Insurance Number:

&RQWUDFW9DOXH
Is your contract/bid: ȺLump Sum ȺTime & Materials ȺUnit Pricing ȺOther
Estimated Start Date: Estimated Completion Date:
Who are you contracted with?

Are you subcontracting out any work? ȺYes* ȺNo


Section II (QUROOHGDQG([FOXGHG&RQWUDFWRUV
Your Workers’ Comp Carrier:
Rating Board File #:
Rating Date: Experience Modifier:
Your General Liability Carrier:
Your Automobile Liability Carrier:
Your Excess Liability Carrier:
Section III (QUROOHG&RQWUDFWRUV
:&Class 'HVFULSWLRQ Estimated Estimated Gross Estimated Limited
Code Man-Hours Payroll Payroll 1<RQO\

Note: All your lower-tier subcontractors MUST complete Form A in order for them to
commence work on site. ENROLLMENT IS NOT AUTOMATIC.

Signature: ___________________________ Date: __________________________


Name: ______________________________ Title: __________________________

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
Gilbane Building Company
State Office Building Renovations and New
Parking Garage
FORM – E
NOTICE OF WORK COMPLETION FORM
Company Name: Address:

Contact for Audit: Federal ID#:

Project Site:
First Day on Site: Last Day on Site:
Final Total Payroll: Original Contract Value:

Change Order Amount: Final Contract Value (including change


orders):

Complete for all subcontractors


Final Contracting Value
Subcontractor Name Completion Date (including change orders)
$
$
$
$

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:________________

TO BE SUBMITTED TO 3$5(17&2175$&725 FOR COMPLETION:


The above referenced contractor has completed their work at the project site under their
contract with our firm on the above date.
3DUHQW Contractor:____________________________________

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.

Please return by Email, Fax or Mail to:

6DULQD)DQHOOL Email:6DULQD)DQHOOL@alliant.com
$OOLDQW,QVXUDQFH6HUYLFHV,QF Phone: 
(DVWWK6WUHHW6XLWH%
1HZ<RUN1<

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
GILBANE BUILDING COMPANY

State Office Building Renovations


and New Parking Garage
Certificate of Insurance and
Backup Documentation Checklist
Gilbane Building Company requires that all subcontractors submit an ACORD 25 form made out per
the project’s requirements, along with various documents from the sub’s insurance policies that serve
as evidence that the requirements are met in the policy as outlined on the certificate of insurance.

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF
INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER.

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

GEN'L AGGREGATE LIMIT APPLIES PER:

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)

PERSONAL & ADV INJURY

GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT


(Ea accident)
BODILY INJURY (Per person)
$

$
$

$
$

$
$
300,000
5,000
1,000,000
$ 2,000,000
2,000,000

1,000,000

ALL SCHEDULE Policy Number BODILY INJURY (Per accident) $


Date Date
M
OWNED D AUTOS
AUTOS NON-OWNED PROPERTY DAMAGE
(Per accident) $
AUTOS
HIRED AUTOS
$

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

D AND EMPLOYERS' LIABILITY Y/N Inception Expiration $ 00,000


ANY PROPRIETOR/PARTNER/EXECUTIVE
N/A
X Policy Number E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? Date Date
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 00,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 00,000
E Professional Liability ,I$SSOLFDEOH x Policy Number Inception Occurrence/Aggregate 
Expiration
F Pollution Liability ,I$SSOLFDEOH x x Policy Number Date Date Occurrence/Aggregate 

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 liability LIDSSOLFDEOH , and excess liability. A waiver of subrogation is provided in favor of
all additional insureds on all policies.

CERTIFICATE HOLDER CANCELLATION


SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
*LOEDQH%XLOGLQJ&RPSDQ\ ACCORDANCE WITH THE POLICY PROVISIONS.
FR$OOLDQW,QVXUDQFH6HUYLFHV
$WWQ6DULQD)DQHOOL
(DVWWK6WUHHW6XLWH%
1HZ<RUN1< AUTHORIZED REPRESENTATIVE

Agent/Broker Signature

©. 1988-2010 ACORD CORPORATION. All rights reserved.


ACORD
State25Office
(2010/05)
Building Renovations The ACORD name and00
logo
73are registered marks of ACORD
16.2 Gilbane Job No. J06930.000
New Parking Garage CCIP Manual June 30, 2017
AGENCY CUSTOMER ID:
LOC #:

ADDITIONAL REMARKS SCHEDULE Page 2 of 2

AGENCY NAMED INSURED


Contractor Name
POLICY NUMBER Contractor Address

CARRIER NAIC CODE


EFFECTIVE DATE:

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

ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.


The ACORD name and logo are registered marks of ACORD

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR


CONTRACTORS – (FORM B)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

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.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
CG 25 03 05 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S)


GENERAL AGGREGATE LIMIT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Designated Construction Project(s):

Building: 165 Capitol Ave, Hartford, CT 06033


Parking Garage: 315 Buckingham Street, Hartford, CT 06033
Information required to complete this Schedule, if not show above, will be shown in Declarations.

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".

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
B. For all sums which the insured becomes legally C. When coverage for liability arising out of the
obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro-
rences" under Section I – Coverage A, and for all vided, any payments for damages because of
medical expenses caused by accidents under "bodily injury" or "property damage" included in
Section I – Coverage C, which cannot be attrib- the "products-completed operations hazard" will
uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag-
ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag-
ule above: gregate Limit nor the Designated Construction
1. Any payments made under Coverage A for Project General Aggregate Limit.
damages or under Coverage C for medical D. If the applicable designated construction project
expenses shall reduce the amount available has been abandoned, delayed, or abandoned
under the General Aggregate Limit or the and then restarted, if the authorized contract-
Products-completed Operations Aggregate ing parties deviat from plans, blueprints, de-
Limit, whichever is applicable; and signs, specificati s or timetables, the project will
2. Such payments shall not reduce any Desig- still be deemed to be the ame construction pro-
nated Construction Project General Aggre- ject.
gate Limit. E. The provisions of S tion III – its Of Insur-
ance not otherwise modified by his endorsement
shal continue to apply as i ated.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –


OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART


PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

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

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY


AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART


PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

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.
Information required to complete this Schedule, if not shown above, w be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of


Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in "products-
completed operations hazard". This w ver applies
only to the person or organization shown in he
Schedule above.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR


COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM


BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM

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:

Endorsement Effective Date:

SCHEDULE

Name Of Person(s) Or Organization(s):


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 hedule, if not shown above, will be shown in the Declarations.

Each person or or zation show in the Schedule is


an "insured" f Covered Autos L bility Coverage, but
only to the ex ent that person or organization qualifies
as an "ins ed" the Who Is An Insured
provision cont in Paragraph A.1. of Section II –
Covered Autos Liability Cov age in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of ion I – Covered Autos
Coverages of the Auto Dealers Coverage Form.

State Office Building Renovations 00 73 16.2 Gilbane Job No. J06930.000


New Parking Garage CCIP Manual June 30, 2017
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13

(Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT

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.)

Endorsement Effective Policy No. Endorsement No.


Insured Premium

Insurance Company Countersigned by

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

PROJECT SAFETY PLAN

State Office Building Renovation


New Parking Garage

165 Capitol Avenue, Hartford, CT

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.

State Office Building Renovation 00 73 19-1 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
State Office Building Renovation & New Parking Garage Project Safety Plan
Table of Contents
I. FOREWORD .......................................................................................................................................... 4
A. MANAGEMENT POLICY STATEMENT ................................................................................................. 4
II. CONTENTS ........................................................................................................................................... 5
A. DEFINITIONS ...................................................................................................................................... 5
B. ADMINISTRATION .............................................................................................................................. 6
1. Above-OSHA Requirements......................................................................................................... 6
2. Management Statement of Final Authority ................................................................................. 15
C. RESPONSIBILITIES ........................................................................................................................... 15
1. Construction Manager ................................................................................................................. 15
2. Contractors .................................................................................................................................. 16
3. Employees ................................................................................................................................... 19
D. GENERAL REQUIREMENTS .............................................................................................................. 21
1. Accident Investigation ................................................................................................................ 21
2. Accident Reporting Procedures .................................................................................................. 21
3. Concrete (Cast-in-place) ............................................................................................................. 21
4. Confined Space Entry ................................................................................................................. 21
5. Crane Safety and Rigging ........................................................................................................... 22
6. Demobilization ............................................................................................................................ 30
7. Demolition .................................................................................................................................. 30
8. Discipline - Enforcement ............................................................................................................ 30
9. Substance Abuse Policy - Minimum ........................................................................................... 31
10. Electric - Temporary ............................................................................................................... 36
11. Elevated Work (Other than Fall Protection) ........................................................................... 37
12. Elevated Work - Fall Protection.............................................................................................. 38
13. Elevator Safety ........................................................................................................................ 39
14. Emergency Procedures – Medical – Blood-borne Pathogens ................................................. 39
15. Emergency Procedures - Medical Services ............................................................................. 43
16. Emergency Procedures – Alarms, Fire, Bomb, Weather, Environmental and Public
Demonstration ..................................................................................................................................... 44
17. Environmental - Asbestos ....................................................................................................... 49
18. Environmental – Lead ............................................................................................................. 50
19. Environmental - On-site Hazards ............................................................................................ 51
20. Environmental - Silica ............................................................................................................ 51
21. Environmental - Powered Equipment inside enclosed structures ........................................... 52
22. Excavation............................................................................................................................... 52
23. Eye and Face Protection .......................................................................................................... 52
24. Fire Protection ......................................................................................................................... 53
25. Hand Protection ...................................................................................................................... 53
26. Hazard Communication program ............................................................................................ 54
27. Activity Hazard Analysis ........................................................................................................ 56
28. Housekeeping .......................................................................................................................... 56
29. Incentives and Awards ............................................................................................................ 56
30. Inspection and Auditing .......................................................................................................... 57
31. Interim Life Safety Matters for Occupied Facilities ............................................................... 58
32. Ladders .................................................................................................................................... 59
33. Line Break ............................................................................................................................... 60
34. Lockout/Tagout Procedures .................................................................................................... 60

State Office Building Renovation 00 73 19-2 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
35. Masonry .................................................................................................................................. 61
36. Meeting - Pre-construction...................................................................................................... 62
37. Meetings .................................................................................................................................. 63
38. Motor Vehicles and Equipment .............................................................................................. 63
39. OSHA Required Training ....................................................................................................... 64
40. OSHA – Inspection ................................................................................................................. 64
41. Powder-Actuated Tools........................................................................................................... 64
42. Precast/Prestressed Concrete................................................................................................... 64
43. Project - Code of Safe Practices .............................................................................................. 66
44. Project - Safety Rules.............................................................................................................. 67
45. Protection of the Public ........................................................................................................... 68
46. Pressure Testing Safety Requirements .................................................................................... 70
47. Sanitation ................................................................................................................................ 71
48. Signs, Signals, Barricades and Lights (Motor Vehicle Exposure) .......................................... 72
49. Scaffold ................................................................................................................................... 72
50. Steel Erection .......................................................................................................................... 72
51. Stretch and Flex Program ........................................................................................................ 75
52. Third Party Inspections ........................................................................................................... 75
53. Temporary Heat ...................................................................................................................... 75
54. Tool Box Training................................................................................................................... 76
55. Welding, Cutting and Burning – Hot-work............................................................................. 77
56. Work Permit Procedures ......................................................................................................... 78
57. Owner Requirements............................................................................................................... 79
APPENDIX A - HAZARD ANALYSIS ................................... ERROR! BOOKMARK NOT DEFINED.
APPENDIX B - DAILY JOB HAZARD ANALYSIS ............................................................................ 81
APPENDIX C - PRINCIPAL’S MEETING GUIDELINES ................................................................. 82
APPENDIX D - FIRST REPORT OF INJURY ..................................................................................... 83
APPENDIX E - HOT WORK PERMIT ................................................................................................. 84
APPENDIX F - CONFINED SPACE PERMIT ..................................................................................... 85
APPENDIX G - HOLD HARMLESS AGREEMENT .......................................................................... 86
APPENDIX H – INCIDENT REPORT (NO INJURY OR NEAR MISS)........................................... 87
APPENDIX I – EXCAVATION INSPECTION FORM ....................................................................... 88
APPENDIX J – ACCIDENT-ILLNESS REPORT ................................................................................ 89
APPENDIX K – SUBSTANCE ABUSE PROGRAM CONSENT FORM .......................................... 94
APPENDIX L – HAND PROTECTION REFERENCE ....................................................................... 96
APPENDIX M – GILBANE STRETCH AND FLEX PROGRAM - EXAMPLE .............................. 99
APPENDIX N – INJURY MANAGEMENT AND RETURN TO WORK PROCEDURES ............. 99
APPENDIX P – KNIFE PERMIT ......................................................................................................... 109
APPENDIX Q – LADDER PERMIT .................................................................................................... 109
 

State Office Building Renovation 00 73 19-3 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
I. FOREWORD
A. MANAGEMENT POLICY STATEMENT
The State Office Building and New Parking Garage Safety Plan embodies the policies and procedures for prevention
of injury, property damage, fire damage and occupational illness. It is our intention to commit each day to
maintaining an accident-free workplace. There is never an acceptable reason for compromising safety. This
document, the Gilbane contractor selection process and site field activities are all designed to support and reinforce
this goal.
No single feature of our work is of greater importance.

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.

Gilbane Building Company

_______________Amar Shamas___________________
Senior Project Executive

State Office Building Renovation 00 73 19-4 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
II. CONTENTS

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

State Office Building Renovation 00 73 19-5 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
B. ADMINISTRATION
1. Above-OSHA Requirements
a. This section contains an overview of Gilbane safety requirements that exceed - or are more
specific that OSHA. The company and project team reserve the right to develop additional
safety requirements based on hazards, risks or new regulations.
b. Accident notification time requirements:
i. Full accident/injury reports required within 24 hours for:
1. Any type of accident.
2. Property damage.
3. Near misses.
4. Environmental spills.
5. Bomb threats.
6. Public demonstration.
ii. Results of the accident investigations and recommendations for preventive action
shall be documented within five (5) work days of the incident.
c. Cranes:
i. A current, annual, independent third party inspection by an agency approved by
Gilbane is required pre- and post-assembly, after adjustments or repairs and
severe service.

State Office Building Renovation 00 73 19-6 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
ii. Independent third party inspection recommendations are to be corrected before
the next crane usage.
iii. Evidence of documented Daily/Pre-shift inspections.
iv. Documented evidence of qualified rigger and signalperson training shall be
provided by the subcontractor.
v. Crane Operators shall carry current applicable license issued by the state within
jurisdiction of operation, or be certified by a nationally recognized accredited
testing agency such as NCCCO.
vi. Only ‘Standard Method’ for signals shall be used per 1926.1400 App A.
vii. Rigging - Chain slings are NOT permitted to be used for any lifting operation.
Chain falls are approved for certain instances.
viii. All Safety Features and Operational aids must be in good working order before
crane usage- NO temporary alternative measures shall be permitted.
ix. Shake-out/sorting hooks may only be used for unloading materials from trucks
and will not be used for overhead lifting.
x. A Crane Lift procedure including JHA, and Pre Lift meetings shall be required
for all Critical lifts at or above 75% of Crane capacity, multi-crane lifts, lifts of
100 tons or greater, or where determined by Gilbane.
xi. The Contractor shall conform to the more stringent of federal, State, local, client
or Gilbane safety policy
xii. When lightning is observed, all lifting operations shall stop. Gilbane shall make
the determination, with the contractor competent person, as to proximity to
operation being performed. When lightning is 10 miles away or less, work must
stop for 30 minutes after the last audible thunder or visible flash of lightning.
d. Discipline Program:
i. A progressive discipline program will be used on site unless there is an IDLH
situation warranting immediate dismissal.
ii. Fighting and possession of weapons are prohibited, violators will be dismissed
immediately.
iii. Possession of weapons on the jobsite is prohibited.
e. Electrical:
i. All 120 volt, single phase, 15 & 20 amp temporary power circuits (with the
exception of temporary lighting) shall have ground fault circuit interrupters
installed.
ii. All tools, cords and power sets shall have an assured equipment inspection
program maintained on quarterly basis and shall be used in conjunction with
GFCI.
iii. When using permanent power Ground Fault Circuit Interrupters must be used in
conjunction with the AEGC inspections.
iv. Extension cords used with portable tools must be of a heavy duty 3-wire type and
must be 12 gauge or greater.
v. All extension cords will be suspended seven feet (7’) above finish floor or work
platform, by non-conductive material. Temporary lighting circuits shall be
supported by the fixture.
vi. All temporary lighting shall be UL approved. Open wiring is not permitted for
temporary lighting.
vii. All wiring used for temporary lighting shall be run using SJTW cord type,
minimum 14/2 Gauge conductor. Romex or crimp on style temporary lighting is
not acceptable.
viii. Splices in conductors, when required, shall have wire nuts and conductors

State Office Building Renovation 00 73 19-7 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
protected by 5 tightly wrapped half lap wraps of 3M ScotchTM Super 33+ Vinyl
Electric Tape or equal for a thickness of 35 mils. Otherwise, splices shall be
made within a secured junction box.
ix. All temporary power panels shall have metal covers installed at all times, unless
they are housed in a room where the door is closed and locked from unqualified
persons. All open or exposed breaker spaces shall be adequately covered, and
labeled.
x. Fish tapes or lines made of metal or any other conductive medium are prohibited.
Nonconductive tapes and lines will be used in their place.
xi. Lock Out/Tag Out procedures from either the contractor or the owner must be
used. Use the more stringent program.
xii. Electrical tie-ins shall be conducted only on de-energized systems. If a condition
makes this impossible, then a pre-task meeting with Gilbane is required. All
“live work” shall conform to NFPA 70E , and will only be authorized by Gilbane
division Safety manager, and in accordance with Gilbane’s energized electric
work permit.
f. Elevators and hoists:
i. No elevators or hoists are to be used for the movement of materials and personnel
until the devices have been certified and licensed by a third party inspector
qualified to approve the equipment.
g. Emergency action plans:
i. Each Contractor and subcontractor shall post - in a conspicuous place - a list of
emergency telephone numbers and the type of information to be transmitted for
emergency situations. Emergency information is to be submitted to Gilbane.
h. Excavation requirements:
i. Trenches four (4) feet and deeper shall be protected.
i. Fall protection:
i. 100% Fall Protection is required above 6 feet.
ii. Controlled decking/access zones, monitoring programs, or warning lines are not
permitted as a primary means of fall protection.
j. Fire Protection:
i. Fire alarms within the area of new construction will consist of three short blasts
on an air horn located at the means of egress, stairway, ladder, or building entry
or other suitable audible alarm.
ii. A fire watch and at least one fire extinguisher of appropriate size & type will be
provided by the contractor for all Hot Work Operations.
iii. A fire watch will be required when operating temporary heat overnight.
iv. All plastic tarps are to be fire resistant.
v. No less than a 20-pound fire extinguisher is allowed.
k. Standpipes:
i. Fire Protection Standpipes shall be installed in accordance with NFPA 241,
International Fire code-1413, International Building Code-3311, and OSHA,
including but limited to:
ii. At least one standpipe shall be installed in buildings four or more stories in
height, and shall be installed where the progress of the building is not more than
40 ft in height above the lowest level of fire department access.
iii. During construction, the standpipe installation shall be installed so that it is never
more than one floor below the floor having secured decking or flooring.
iv. Standpipes shall be provided with fire department hose connections at accessible
locations to usable stairs.

State Office Building Renovation 00 73 19-8 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
v. Standpipes shall be installed and maintained so that they are always ready for
use.
vi. For building under demolition, standpipes shall not be demolished more than one
floor below the floor being demolished, and shall be maintained in an operable
condition for use by the fire department.
l. Gilbane safety orientation:
i. All employees must attend the Gilbane Safety Orientation before they can start
work on site.
ii. New employees must sign the Code of Safe Practices.
iii. Employees must sign a declaration stating that they have read and understand the
Site Safety Rules.
iv. All employees must pass the quiz at the end of the orientation.
m. Hand protection:
i. Contractor required to provide and enforce the use of appropriate hand protection
based on work activity (see appendices in safety plan for proper glove based on
activity). Glove use will be minimum level 4 and will be 100% of the time.
n. Heating (temporary):
i. No Kerosene, oil fueled, solid fuel burning or convection heaters (a.k.a. ‘Pot’
heaters) are permitted.
ii. Only gas fired (propane vapor or natural gas), hydronic, steam, electric or
infrared heaters are permitted, based on the application and use.
iii. Gas heaters must conform to the specifications
1. Direct Fired heaters shall conform to ANSI Z 83.7 or Z 83.4
2. Indirect Fired heaters shall conform to ANSI Z 83.8
3. Infrared heaters shall conform to ANSI Z 83.6
4. All flexible connectors must be UL approved and conform to
specifications L -83.
5. All heaters to be AGA certified
iv. All heaters shall be designed, installed and maintained in accordance with
applicable OSHA, ANSI, UL, NFPA, NEC, and local codes and approved by the
Authority Having Jurisdiction and/or local fire dept. officials. .
v. Heater supplier and Contractor shall provide their Construction Heating Plan to
the Gilbane Project Manager and Regional Safety Manager for review and
approval.
vi. Whenever heaters are operating during non-working hours, the Contractor may
be required by the client, local fire officials, or Gilbane to provide a qualified
person to monitor and maintain the heaters. In such cases, the qualified person
shall be trained by qualified person in the safe operation of the heaters.
vii. Each heating appliance is to be inspected by a qualified person, at least at the
beginning and end of each working day.
viii. Contractor shall monitor Carbon monoxide levels when operating heaters indoors
and report results to Gilbane.
ix. HOUSEKEEPING: Combustible scrap material and debris must be removed
from the work area on a daily basis. (Continuously) All hazardous waste
manifests must be submitted to Gilbane.
o. Internal combustion engines:
i. If internal combustion engines are used in enclosed areas the responsible
contractors must monitor air quality and provide adequate ventilation.
p. Ladders:
i. When working on/from a ladder at elevations greater than six (6') feet or more

State Office Building Renovation 00 73 19-9 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
above the work surface, the ladder must be tied off or otherwise secured against
accidental displacement. If adequate anchorages are available, a personal fall
arrest system shall be used. This includes stepladders.
ii. Portable metal ladders shall not be used.
iii. Stairs or stair-towers are required as the primary means to access floors, roofs
and elevated landings. Manufactured stairs, job built wood stairs temporary stair
towers, or permanent stairs shall be provided for worker access. Stairs shall be
equipped with required treads, stair rails and guardrails at intermediate landings,
as well as at the slope, width, and landings, in accordance with applicable OSHA
regulations and Building codes.
iv. Job built wood ladders used for temporary access to work areas (for example
elevated decks and excavations), may only be used with approval by Gilbane for
the application and timeframe specified, and must be built in accordance with
ANSI standards.
v. Stepladders or extension ladders shall not be used as work platforms.
vi. Only podium or platform ladders maybe used to complete work and only with a
ladder permit. See appendix Q.
vii. The use of mobile scaffolds, and aerial and scissor lifts is preferred.
viii. Ladders shall be inspected daily and before each use.
q. Medical requirements and procedures:
i. Each contractor shall have a minimum of one First Aid/CPR trained individual
on the project and inform Gilbane of their name.
ii. Gilbane shall have at least one person on each construction project and office
with current training in First Aid/CPR/AED from the American Red Cross or
equivalent.
iii. Every project and office shall have a readily available and fully functional
Automatic External Defibrillator
iv. Gilbane must be notified immediately of all accidents/ incidents including all
near hits.
v. Contractor shall complete and provide to Gilbane an "Employer's First Report of
Injury" within 24 hours of any/all incidents involving work activities associated
with the project.
vi. LIGHT-DUTY WORK: Restricted or light duty must be made available to the extent
allowed by the doctor.
vii. A Principals Meeting, which includes key project personnel, must be performed
within 72 hours of a recordable or lost time accident.
r. Motor vehicles and equipment:
i. Shall be inspected daily and documented inspections shall occur monthly.
ii. Trained and equipped flag persons will be used when construction traffic must
access the site from a public roadway.
iii. Contractors shall provide adequate spill kits to control spills of grease, oil,
hydraulic fluid and any other fluids from equipment or from storing or
transferring such fluids.
s. Permits, procedures, plans and programs:
i. PERMITS are required for any Confined space entry procedures will be in
accordance with OSHA 29 CFR 1910.146.
ii. PERMITS are required for Crane lifts when:
1. Critical Lift (defined as when lifting a load where the weights are at or
over 75% of the rated capacity of the crane and rigging as determined by
the manufacturer);

State Office Building Renovation 00 73 19-10 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
2. Multi-Crane Lift;
3. 100 Tons or greater Lift;
4. Any application that deviates from the manufacturers recommendations
only if the manufacturer approves;
5. When special or unique hazards are under or adjacent to the load at any
time during the lift;
6. When Gilbane determines such a procedure is necessary.
t. Hazard Analysis:
i. Shall be conducted prior to, reviewed daily, and strictly followed for all work
related activities.
ii. The safety Task Assignment Form shall be completed and discussed each day for
all work crews or when non-routine tasks occur. A copy shall be provided to
Gilbane at the end of the work day.
iii. Permits are required for hot work along with a dedicated fire watch lasting for 1
hr after work has stopped on a daily basis.
iv. Permits are required for off-hours work.
v. Permits may be required for guardrail work.
vi. Permits are required for excavations.
vii. A fall protection plan is required when there is fall exposure of greater than 6’.
viii. A written erection plan is required for pre-cast concrete.
ix. A silica protection program is required with exposure to silica.
x. A Hazard communication program including a SDS for each chemical on site
must be submitted to Gilbane before the chemical is used. HAZCOM programs
must be submitted to Gilbane from each contractor. List only the chemicals on
site - not the entire book.
u. Personal Protective Equipment and Clothing:
i. Hard hats must be worn at all times in construction areas.
ii. Eye protection must meet ANSI Z87 requirements and must be worn at all times.
iii. Prescription glasses must meet the requirements of ANSI Z87 (most recent
version) or be covered with over-the-glass safety glasses or face shield.
iv. Shirts with sleeves, long pants, and substantial soled work shoes are required at
all times.
v. No personal or community radios allowed on site.
vi. Gloves meeting ANSI Cut level 4 shall be worn during all work activities. In
addition, gloves shall also be worn as specified by manufacturer
recommendations of tools, equipment and material SDS.
vii. Reflective vests meeting ANSI standards – in accordance with the Manual of
Uniform Traffic Control - are required during site work or excavation work when
workers are exposed to vehicles such as forklifts, aerial-lifts, excavation and
grading equipment.
viii. A high-visibility vest or high-visibility clothing is required at all times within
construction areas.
ix. Safety-toe footwear meeting ASTM F2413-11 (Standard Specification for
Performance Requirements for Protective (Safety) Toe Cap Footwear) must be
worn at all times while in construction areas.
v. Personal safety assessments:
i. To ensure that everyone who works on our project goes home safely each day,
we expect that every worker will continually assess the hazards of their work
tasks and environment, and take the necessary actions to avoid, prevent or correct
the hazard. In support of this, Gilbane will require everyone adopt the Personal

State Office Building Renovation 00 73 19-11 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Safety Assessment. Individual’s PSA’s will be discussed during project safety
inspections and daily communications. Gilbane will provide information on the
PSA process in Project Safety Orientation and via other safety communication
methods on the project.
w. Powder-actuated tools:
i. Powder Actuated tools using lead-free primers are preferred (for example, Hilti
CleanTec).
ii. Use of gas powered or pneumatic tools or CO2 powered nailers are also
preferred.
iii. If lead-containing primers are used, then the contractor must comply with all
provisions of OSHA’s Lead in Construction Standard (1926.62) including but not
limited to conducting Exposure Assessments, Lead training, PPE selection,
medical surveillance, etc. In addition, the contractor shall control any lead
exposures to other contractors. Contractor shall provide all applicable
documentation to Gilbane for review.
x. Pre-cast concrete:
i. A Preconstruction meeting is required between Gilbane, Fabricator and Erector.
ii. Written erection plan must be submitted to Gilbane.
iii. Any modifications to approved erection plan must be approved by a company
officer.
y. Public protection:
i. Projects must be enclosed by a temporary 6-foot fence.
ii. Visitors must sign a hold-harmless agreement before touring the site.
z. Required meetings:
i. Pre-construction meetings.
ii. Lost time and recordable accident Principal’s meetings. Lessons learned from
these meetings shall be incorporated into all future daily activities.
iii. Contractors must perform weekly toolbox safety meetings for all employees
under their supervision once per week. Minutes of tool box talks are to be
maintained and a copy of each talk is to be given to Gilbane before end-of-shift
the on the day it’s given.
iv. Meetings must be scheduled before major Lock Out/Tag Out events.
v. Regularly scheduled meetings with new contractors to explain safety goals,
orientation, etc.
aa. Scaffolds and lifts:
i. Proof of competent person training is required.
ii. Baker scaffolding – fall protection, such as guardrails, is required when the
working surface is 4 feet above the floor. Outriggers are required when the
working surface is 5 feet above the floor.
iii. Scaffolds shall be inspected daily by the contractor’s competent person. Tags
shall be attached to the leg of the scaffold that bear the inspection date, time and
inspector’s signature denoting inspection.
iv. Scaffold X-bracing shall not be used as a guardrail.
v. Ladder jack scaffolds are not permitted on Gilbane jobs.
vi. Dressed lumber is not permitted as scaffold planks.
vii. All individuals who are in scissor lifts shall wear a full body harness and be tied
off by a lanyard to a manufacturer’s approved anchorage point within the scissor
lift. All other OSHA rules shall be followed.

State Office Building Renovation 00 73 19-12 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
viii. Stilts are prohibited on Gilbane projects in New England.
ix. A mast climbing elevating work platform that may be adjustable by manual or
powered means must meet the requirements of ANSI Standard ANSI/SIA A92.9-
1993, American National Standard for Mast-Climbing Work Platforms.
bb. Site safety representatives:
i. Site Safety Representatives will be required based on assessment of risk by the
Gilbane Division Safety Director. Unless otherwise specified, Contractors with a
staff and crew of 20 or more on site shall appoint a full-time site safety
representative. The candidates resume including all safety training completed
must be submitted to Gilbane. The candidate may be interviewed before they
will be accepted. The Site Safety Representatives will have a minimum OSHA
30 HR-training, First Aid/CPR, and must meet the requirements of a competent
person. Gilbane will have the right to reject a candidate based on qualifications.
The site safety coordinator shall perform the following duties on a daily basis:
1. Lead stretch and flex.
2. Review STA and JHA for the day.
3. Identify competent persons.
4. Complete daily safety inspection.
5. Submit required permits.
6. Coach Foremen on STA delivery.
7. Manage GHS materials.
8. Attend weekly safety committee.
9. Complete orientations for new workers.
10. Provide appropriate interpretation to contractors whose primary language
is not English to assure complete comprehension.
cc. Site safety inspections:
i. Are to be an on-going process and documented at least weekly. Contractors
should document inspections on the Site Audit Checklist or approved
Contractor's form and submit to Gilbane.
dd. Specific site safety plans:
i. Contractors must develop and submit a Site Specific Safety Plan before
mobilization using information obtained from pre-construction meetings and site
orientations, and will require sub-tier contractors to submit to the same
requirements.
ee. Spill containment:
i. All contractors that provide hydraulic equipment to the project must provide
adequate spill kits to contain potential spills from their equipment.
ff. Steel erection:
i. An erection plan will be prepared by the Steel Erector’s Qualified Person and
reviewed with the Gilbane Project Safety Manager and Gilbane Project
Superintendent prior to start of work. Refer to OSHA 1926, Subpart R, Appendix
A.
ii. A tag line shall be used to control all loads.
iii. Crane personnel platforms will not be used for any purpose without the written
approval of Gilbane.
iv. Christmas treeing (multiple lifts) is not allowed, unless exception approved by
Gilbane Regional Safety Manager.
v. Wire rope guardrails for perimeter and interior fall protection and interior
sequence breaks must be constructed of (2) NEW 3/8-inch diameter 7x19 aircraft

State Office Building Renovation 00 73 19-13 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
cable. The top cable must be installed at 43 ½ “ above finished floor, and
tensioned to 2,400 pounds of force.
vi. Guardrail cable stanchions shall be installed as follows:
vii. In bays with column spacing equal to or greater than 30 feet, at least two
intermediate stanchions
viii. In bays with column spacing less than 30 feet, at least one intermediate
stanchion.
ix. Steel stanchions used at corners shall have diagonal supports installed to at least
80% of the height of the stanchion.
x. If the perimeter cables shall serve as an anchorage for a personal fall arrest
system a minimum of three (3) wire rope clips shall be used at all connections.
PE stamped specifications are also needed.
xi. Turnbuckles will be installed on top and midrail cables and at suitable intervals
to maintain the tightness of the wire rope but in no instance less than one per
perimeter side.
gg. Stretch and flex program:
i. Each Contractor shall design and implement a daily stretch and flex program on
site for their employees with the goal of reducing soft tissue and musculoskeletal
injuries.
hh. Substance abuse policy:
i. Each employer must comply with the drug testing program as outlined in the
project safety plan.
ii. Third party inspections:
i. Contractors are advised that the Project may be inspected from time to time by
authorized third parties. Upon their proper identification and clearance through
security, they are entitled to access and courteous consideration. Gilbane must be
made aware of their presence upon arrival, and in any case as soon as possible, of
the purpose and results of such visits which relate to safety.
ii. Each Contractor is required to notify Gilbane in writing prior to starting work if
they, by their Company policy, they will require a warrant for OSHA to inspect
their work. Gilbane does not require a warrant.
jj. Training – contractor supervisors and safety representatives:
i. Contractor supervisors and Safety representatives shall provide proof of having
completed the OSHA 30 hour Construction Safety and Health course.
ii. Participation in an 8 Hour workshop is required of Contractor project managers
and superintendents. The workshop is designed to foster a culture of incident and
injury free on the project and to provide effective practical field tools to promote
that culture.
iii. In an effort to create an incident and injury free culture on the project, Gilbane
may hold periodic Principals Meetings to discuss project safety with contractor
principals. Project walkthroughs and worker feedback interviews will be part of
these meetings. Contractor principal / owner attendance at these meetings is
mandatory.
iv. Contractor shall ensure all employees are trained in the tasks, as well as the use
of the tools and equipment.
kk. Welding:
i. Cylinders containing oxygen or acetylene or other fuel gas shall be stored in
designated areas outside the structure as approved by Gilbane.
ii. Flashback arrestors are required on oxygen and acetylene hoses at the regulators.

State Office Building Renovation 00 73 19-14 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
2. Management Statement of Final Authority
a. All persons who come into the work area for any reason during construction will be required
to comply with the established safety regulations that govern the project.
b. Contractors are committed by contract to observe and comply with all applicable safety
regulations and procedures. Each Contractor will participate in the Project Safety Program,
hereafter referred to as the "Program".
c. If Gilbane finds Contractor areas of work or individuals being, or acting in noncompliance
with OSHA regulations or any other applicable regulations, Gilbane shall have the authority
to order immediate correction and cessation of the non-compliant occurrence. Non-
compliance with Project Safety Regulations will be grounds for Contractor dismissal
and/or employee(s) being forbidden entry onto the project. All costs of correction shall be
borne by the Contractor deemed responsible. Gilbane’s decision of responsibility shall be
final.
d. Nothing contained herein, however, shall serve to relieve the Contractor of his liabilities
and/or obligations under the Federal OSH Act and all additions and revisions thereto, as well
as all other applicable Federal, State and Local requirements.
e. The most stringent regulation shall apply if a conflict arises in the interpretation of the safety
requirements of Gilbane, or the Federal, State or local Government.
C. RESPONSIBILITIES
1. Construction Manager
a. Audit activities of the Trade Contractor’s safety program so that it conforms to the Safety
Program.
b. Provide weekly, written site inspections of the job site, notify the Trade Contractors of any
unsafe practices and conditions for which they are responsible and will counsel them on the
appropriate corrective actions when necessary. Site inspections shall be reviewed and
discussed with the construction team. Please see the “Predictive Solutions” section of this
document for details.
c. Provide all new Trade Contractors and their subcontractor’s employees with a Gilbane safety
orientation before they start working on site. The orientation shall include at least a list of
work rules, identification of hazardous areas, and the location of SDS sheets. This
orientation will inform the Trade Contractor’s/ subcontractor’s employees of hazards
specific to the Owner’s on site operations. After the orientation is complete, employees shall
be required to sign a statement and complete an exam in order to confirm that they received
and understood the training.
d. Identify the location where SDS sheets provided from the Trade Contractors/ subcontractors
can be found for the project.
e. Maintain required records and accident prevention materials at the job site so that an
adequate history is maintained for the project.
f. Control the entrance and exit of the Trade Contractor’s/subcontractor’s employees and
visitors to and from the job site.
g. Review the Trade Contractor’s prior injury and illness log before awarding them work on
site. Trade Contractors with poor safety records may be disqualified from being awarded
work on this project.

State Office Building Renovation 00 73 19-15 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
h. Review injury and first aid records during the project to identify injury trends to take
positive action to reduce or eliminate such injuries from continuing to occur on the project.
i. The Construction Manager will examine and familiarize himself/herself with the job site and
adjacent areas from the standpoint of access and facilities regarding safety. The job site
should be explored with regard to installing and operating the construction plan, and
evaluating any difficulties that might be encountered in complete execution of the work
safely. Make frequent inspections of the job site so as to initiate corrective measures to
eliminate unsafe practices and conditions.
j. The Construction Manager shall immediately investigate all accidents or near miss accidents
and take corrective actions to help prevent reoccurrence.
k. Specific Responsibilities
1) Gilbane Project Manager
a) The Project Manager directs and administers the Safety Program on this Project.
All reports, surveys, accident reports and other information relating to safety are
to be submitted to the Project Manager.
b) The Project Manager shall establish a safety organization to assure the
involvement of all personnel in the safety effort and to provide for their
participation. The Project Manager appoints the Project Superintendent as his
representative to monitor all safety activities on the site. The Project Manager
evaluates individual subcontractor's safety performance for compliance with all
applicable Federal, State, local, Gilbane's and the Owner's safety requirements.
2) Gilbane Superintendent.
a) The Superintendent is responsible for the active control of the Project Safety
Plan.
b) The Superintendent is responsible for planning and requiring all work to
be done in compliance with the Project Safety Plan.
c) Weekly inspections relating to safety shall be made and documented.
2. Contractors
a. Contractors are responsible for carrying out the procedures required by the Safety plan.
b. Compliance with Federal, State, Local Laws and regulations is the contractual obligation of
Contractors working on this project. Conflicts between current laws or contractual
requirements shall be resolved by adhering to the more stringent requirement. Any project
site safety regulations which exceed the minimum standards established by OSHA shall be
incorporated in contractor's safety program.
c. If Contractor fails to correct safety violations, Gilbane will issue the Contractor written
notification outlining safety violations. Failure of the contractor to abate may result in the
removal of the Contractor from the project site; Gilbane’s approved bidders’ list or other
appropriate measures.
d. Inspections
1) Site safety inspections are to be an ongoing process and documented at least weekly.
Contractors should document inspections on the Site Audit Checklist or approved
Contractor's form and submit to Gilbane.
e. The Contractor is responsible for conforming to OSHA and NFPA standards of fire
protection and prevention practices. Contractor shall also comply with all fire and safety
rules and regulations established on the project.

State Office Building Renovation 00 73 19-16 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
f. Accidents
1) Immediately report all accidents in which personal injury, property damage or a near-
hit occurs.
2) Should an accident occur involving a Contractor’s employee, the Principal/Owner of
the Contractor shall attend a “Principals” meeting at the project location to review the
incident. Gilbane will conduct this meeting (Appendix C).
3) Assist in accident investigation and submit a report promptly on required forms.
Lessons learned from such investigations shall be incorporated into all future daily
activities and plans of the contractor.
g. The Contractor shall ensure that its supervisors are aware of their responsibilities, which
include:
1) Attend and participate in all supervisors’ safety meetings.
2) Carrying out the procedures required by the Safety Plan.
3) Ensure that each employee under their supervision has received the initial project
safety orientation provided by Gilbane.
4) Conduct or arrange for weekly "toolbox" safety meetings for all employees under their
supervision as required. Minutes of Tool Box Talks are to be maintained and a copy of
each Talk is to be given to Gilbane before end-of -shift the day given.
5) Become familiar with the requirements of all accident prevention standards and safety
rules pertaining to their job.
6) Explain to all employees applicable safe practice rules and regulations under their
direct supervision.
a) In the event a contractor utilizes employees whose primary language is not
English, the contractor shall provide for appropriate interpretation to assure
complete comprehension.
7) Supervise the instruction and training of new employees either personally or through
delegated experienced persons until the new employee satisfactorily demonstrates their
ability to perform the work in a safe and efficient manner.
8) Be responsible for continuous housekeeping in their area and for the use and
maintenance of all personal protective devices, equipment, and safeguards.
9) Ensure that all hazards created in an area as a result of work activities are addressed
before the crew leaves the area, including breaks or lunch.
10) Report to their own direct supervisor all cases of employees who, in their opinion, are
not qualified for the work to which they have been assigned or who engage in unsafe
practices.
11) Notify their direct supervisor and/or the contractor’s safety representative concerning
work areas where they believe protective devices are required.
a) NOTE: Such safety devices will include, but not limited to, the following:
machine guards, operational shields, exhaust vent hoods and systems, welding
shields, approved personal protective equipment, automatic stops and controls,
barricades, railings, etc.
h. Required policies, programs and procedures
1) Contractors are required to provide a site specific safety plan that is in compliance with
all safety standards required by Gilbane Building Company, and the Federal, State and
Local agencies prior to the commencement of work.

State Office Building Renovation 00 73 19-17 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
2) Contractor is responsible for notifying Gilbane of any hazardous chemicals or
substances that are brought or cause to have been brought on project site. Contractor
shall provide Gilbane with a copy of Contractor's Hazardous Communication Program,
Chemical information list, and Safety Data Sheet(s) (SDS) for the chemical(s) or
substance(s) intended for use on the site. Gilbane will provide a centrally located place
for this information. Contractor is responsible for maintaining a copy of Contractor's
Hazard Communication Program, Chemical Information List, and Material Safety Data
Sheet(s) on site for Contractor's own reference and employee training. The proper
storage, use and disposal of wastes of any hazardous chemicals or substances are the
responsibility of Contractor.
i. Contractor’s Safety Coordinator - The name of and resume for each Contractor's project/site
safety coordinator will be provided to Gilbane for review prior to the Contractor starting
work at the project site.
1) Site Safety Representatives will be required by (list subs or trades). The candidates
resume including all safety training completed must be submitted to Gilbane. The
candidate may be interviewed before they will be accepted. The Site Safety
Representatives will have a minimum OSHA 30 HR-training, First Aid/CPR, and must
meet the requirements of a competent person. Gilbane will have the right to reject a
candidate based on qualifications. The site safety coordinator shall perform the
following duties on a daily basis:
a) Lead Stretch and Flex
b) Review STA and JHA for the day.
c) Identify Competent person
d) Complete daily safety inspection
e) Submit required permits
f) Coach Foremen on STA delivery
g) Manage GHS materials
h) Attend weekly safety committee
i) Complete orientations for new workers
2) Each safety coordinator shall participate in accident and incident investigation
involving their work and employees and those of their subcontractors.
3) Each safety coordinator has the right and authority to stop any and all hazardous work
being performed by their employer whenever imminent danger to life and health exists.
They shall be empowered to take immediate action to eliminate unsafe acts and/or
conditions.
4) The coordinator shall conduct regular and frequent inspections of their Contractor’s
areas.
5) Each safety coordinator shall attend safety meetings scheduled by Gilbane.
6) The safety coordinator shall have a minimum of an OSHA 30-hour construction hazard
recognition certification; be certified as a competent person in the type of work being
performed; First Aid and CPR certified; experienced in the construction industry in the
type of work being performed. Copies of certifications will be on file in the
construction office.
7) Ensure that prior to the start of any work activity every foreman has reviewed each task
assignment with every affected employee to assure a comprehensive understanding of
the safety requirements and precautions to be taken while performing this work.
8) Ensure that appropriate personal protective equipment is provided and its use enforced.

State Office Building Renovation 00 73 19-18 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
j. Training, orientation and education requirements
1) The Contractor shall instruct each employee on the project site in the recognition and
avoidance of unsafe acts and/or conditions applicable to its work environment to
control or eliminate injury or illness.
2) All records of training, education and certification shall be maintained at a location
accessible to Gilbane.
3) Contractor Project Supervisors will be required to attend Gilbane’s Supervisor Skills
Workshop when offered. The training will consist of two (2) – four (4) hour sessions
and be taught by a designated Gilbane employee. This training is in support of
Gilbane’s goal of creating an incident and injury free culture on the jobsite.
4) In an effort to create an incident and injury free culture on the project, Gilbane may
hold periodic Principals Meetings to discuss project safety with contractor principals.
Project walkthroughs and worker feedback interviews will be part of these meetings.
Contractor principal / owner attendance at these meetings is mandatory.
5) Short Service Worker (or New Site Worker- NSW) Program- New workers to a project
are particularly at risk as they learn of their project work environment and project
safety processes designed to support their safety. Therefore, Gilbane requires every
worker on the project 30 days or less to participate in the SSW/NSW program. The
program will be administered by the Contractor Supervisor Foreman and requires
documented demonstration of project safety processes and safe behaviors by the
worker at the end of 30 days to graduate from the program. Gilbane will provide
details of the SSW/NSW Program for the Contractor Foreman to administer, and will
monitor and assess program effectiveness.
k. Job/Activity Hazard Analysis
1) Each Contractor shall complete a Safety Task Assignment Process form each day for
all work crews, discuss with each work crew on a daily basis or when non-routine tasks
occur and provide a copy to Gilbane at the end of the work day with their daily report.
2) Ensure that prior to the start of any work activity every foreman has reviewed each task
assignment with every affected employee to assure a comprehensive understanding of
the safety requirements and precautions to be taken while performing this work.
3) Periodically analyze work methods in detail for the purpose of job simplification and
for the establishment of safe work methods.
l. Personal Protective Equipment
1) Contractor is responsible for providing and requiring the use of appropriate personal
protective equipment in all operations where there is an exposure to hazardous
conditions. All records shall be maintained at a location accessible to Gilbane.
3. Employees
a. No employee shall be required or knowingly permitted to work in an unsafe environment
except for the purpose of making safety corrections and then only after proper precautions
have been taken for their protection.
b. Each employee is responsible for learning and abiding by those rules and regulations which
are applicable to the assigned tasks and for reporting observed or anticipated hazards to their
immediate Supervisor. If the hazard is not immediately corrected, the affected employee
will report the hazard to Gilbane.
c. All employees shall observe the following rules of conduct:
1) Courtesy: Employees shall observe standards of behavior and conduct their work in a

State Office Building Renovation 00 73 19-19 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
manner to avoid offending any Owner employees or visitors. Each individual on this
Project must be given the courtesy that would be extended to one's family or best
friend.
2) Personal Protective Equipment: All persons on the site will wear hard hats, eye
protection, appropriate gloves (see appendix L) and safety-toe footwear meeting
ASTM F2413-11 (Standard specification for performance requirements for protective
(safety) toe cap footwear) with substantial soles. All other personal protective
equipment, including respirators or eye protection, as appropriate to assigned tasks,
shall be utilized in the proper manner at all times while there is exposure to the
hazards.
3) Clothing: Clothing suitable for the weather and your work shall be worn. Torn or
loose clothing, cuffs or neckwear which may be a hazard are not allowed. Shirts must
be worn and have sleeves. Pants must have legs (no shorts allowed). Clothing shall be
maintained in a clean, neat and repaired fashion.
4) Vehicles: Employees shall park their vehicles in designated areas. Operation of
vehicles on the project site shall conform to all local traffic laws. The maximum speed
limit on the project is ten (10) miles per hour.
5) Smoking: Smoking is permitted only in designated areas.
6) Intoxicants: Consumption of alcoholic beverages or controlled substances is not
allowed on the project. All workers who are taking physician-prescribed or over-the-
counter medication must be fit for work. All employees are specifically directed to the
"Drug Policy" which is a part of this Safety Plan.
7) Accidents: All employees must immediately advise their Supervisor of any injury on
the project or any non-injury accident which involves damage to property or
equipment.
8) Personal Conduct: Practical jokes, horseplay, scuffling, wrestling or fighting is
prohibited.
9) Good Housekeeping: Good housekeeping on the project is mandatory and every
employee must do their part daily to minimize dust and to clean up their work area to
keep the project clean for safety and efficiency. Controls shall be observed which
keep dirt from being tracked into areas outside the work space. Clean up methods
shall follow prescribed techniques to minimize the distribution of dust into the air.
10) Authorized Access: Employees shall confine their activities to the areas designated as
the work site. The employee’s supervisor shall obtain permission from the
appropriate Owner representative prior to entry into any areas outside the work site.
11) Fire Protection: Employees shall adhere to all fire protection regulations, and shall
conduct their work in a manner to preserve the fire safety integrity of the building.
12) Music. No televisions, radios, CD players, cassette tape players or personal
audio/video systems (e.g. IPod, MP3 players, etc) are allowed.
13) Personal Safety Assessments- To ensure that everyone who works on our project goes
home safely each day, we expect that every worker will continually assess the hazards
of their work tasks and environment, and take the necessary actions to avoid, prevent
or correct the hazard. In support of this, Gilbane will require everyone adopt the
Personal Safety Assessment. Individual’s PSA’s will be discussed during project safety
inspections and daily communications. Gilbane will provide information on the PSA
process in Project Safety Orientation and via other safety communication methods on
the project.

State Office Building Renovation 00 73 19-20 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
D. GENERAL REQUIREMENTS
1. Accident Investigation
a. Gilbane shall be notified immediately in case of injuries, fatalities, near-hits or property
damage. ALL accident reports must be filed immediately with Gilbane.
b. It will be each Contractor's responsibility to complete the First Report of Injury (Appendix
D) for his employees and to transmit copies of these reports immediately to Gilbane.
c. Any accident or incident resulting in a lost-time injury, fatality, damage to property or
equipment exceeding U.S. $1,000, a serious "near-hit" or the recognition of a potential
hazard to health and environment is to be investigated by a committee comprised of the
following, as appointed by the Project Manager: the Project Superintendent, the Project
Safety Coordinator and Contractors Supervisor or anyone familiar with the practices
involved in the incident who can contribute to its analysis and make recommendations for
action to prevent a reoccurrence. The investigation shall begin promptly after the incident.
Results of the investigation and recommendations for preventive action shall be documented
within five (5) work days of the incident.
d. If the Owner agrees, a brief news release shall be posted for the information of workers that
covers fatalities and serious occurrences. The occurrences are also to be discussed at the
regular or special safety meetings. This investigation and report shall be made immediately,
but release may await any similar investigation and reports required by governmental
regulations.
e. Gilbane shall review first aid injuries to establish trends and practices that deviate from work
standards and shall report and take corrective actions.
f. Gilbane shall provide for the Owner, in the Monthly Progress Report, a safety report
covering safety activities for the preceding month. The report shall include:
1) The accident experience, recordable and lost time, for the month.
2) The relationship of the accident experience to the number of people employed using a
recognized national standard for recordable injuries and lost time injuries.
3) A review and summary of the safety activities, problem areas, and contemplated
action, including fire hazards and environmental hazards.
2. Accident Reporting Procedures
a. For all fatalities, cases requiring hospitalization, OSHA recordable events or possible lost-
time injuries, Gilbane is to be notified immediately. Gilbane will immediately notify the
Insurance Carrier’s Claim Representative of all accidents and will immediately forward
Employer's First Report of Injury Forms (Appendix D), General Liability Loss Notice
Forms, subsequent inquiries or correspondence received relative to the matter, including
Court Summons or other legal documents, to the Claim Representative with copies to the
Gilbane Corporate Attorney. Copies of ALL accident reports must be filed with the Project
Manager immediately. See appendices D, H and J for Gilbane Accident reporting forms.
3. Concrete (Cast-in-place)
a. All equipment and materials used in concrete construction and masonry work shall meet the
applicable requirements as prescribed in ANSI-A10.9-most recent version, "Safety
Requirements for Concrete Construction and Masonry Work."
4. Confined Space Entry
a. Contractor shall develop an entry procedure to be used when Contractor's employees are

State Office Building Renovation 00 73 19-21 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
required to enter confined areas or spaces. Confined Space entry procedures will conform
all applicable OSHA standards and/or the owner’s requirements; whichever are most
stringent.
b. Documentation of appropriate formal training for all involved in the confined space activity
(entrants, attendants, supervisor, and rescue personnel) shall be submitted to Gilbane for
approval prior to any entry.
c. A confined space entry permit must be completed and posted at the entrance to the confined
area. See Appendix F – Confined Space Permit.
5. Crane Safety and Rigging
a) General Requirements.
i. The contractor shall conform to the more stringent of Federal, State, local, client
or Gilbane safety policy. Copies of certifications will be on file in the
construction office.
ii. Contractors whose activities require the use of cranes shall be responsible for
their proper set up and operation and shall advise Gilbane prior to the arrival on-
site. The Gilbane Use Permit Form (refer to Regional Safety Manager for a
copy) shall be used.
iii. The contractor shall supply Gilbane with documented evidence of their
competent person’s training, and of their ‘qualified persons’, as required by
1926.1404, 1926.27, 1926.1428, and where specified in 1926.1400, including
the Operators, Riggers, Signal Persons, and ‘Assembly/Disassembly Director.
iv. The Assembly/Disassembly Director shall be responsible to ensure that all
provisions of safety as specified in 1926.1404 are met including but not limited
to: adequate site and ground bearing conditions, proper blocking and cribbing,
knowing load weights and center of gravity, equipment capacity, support of
booms and counterweights, rigging of boom and suspension systems,
determination of safe wind speeds, etc.
v. No work shall proceed without evidence of a current annual inspection meeting
Gilbane requirements. No claims will be accepted for losses sustained by the
contractor for delays caused by failure to comply with these requirements.
Temporary alternative measures for safety devices or operational aids will not be
accepted.
b) Inspection
i. Inspections are required pre and post assembly in the configuration that the crane
will be used, as well as in severe service and after adjustment or repair, for each
piece of equipment.
ii. Contractors shall provide Gilbane evidence of annual inspection by a third-party
inspection agency not under the control or ownership of the crane owner and
approved by the Gilbane Regional Safety Manager.
iii. All repairs and adjustments noted on the inspection shall be corrected prior to
next use. ‘Temporary alternative measures’ as specified within Federal or State
OSHA regulations will not be accepted.
iv. Inspections shall be performed by a qualified person designated by the contractor
in accordance with 1926.1412, 1926.1413 and the manufacturer’s
recommendation and ANSI B30 Standard for the type of crane being inspected
and the most current version. This inspection shall be completed prior to each

State Office Building Renovation 00 73 19-22 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
shift starting work, as well as when equipment is modified, repaired or adjusted,
post assembly, monthly, annually and in conditions of severe service.
v. At least every 12 months, or if the crane or its associated rigging has sustained
any incident which may have resulted in damage, in cases of severe service, or
after if any repair or modification the crane and its associated rigging shall be
fully re-inspected by a qualified person in accordance with OSHA regulations,
with proof of inspection provided to Gilbane. This certification will be for each
crane and lifting device and associated rigging equipment brought onto the site.
vi. The inspection requirements apply to power-operated equipment used in
construction that can hoist, lower and horizontally move a suspended load as
specified in 1926.1400. Such equipment includes, but is not limited to:
articulating cranes (such as knuckle-boom cranes); crawler cranes; floating
cranes; cranes on barges; locomotive cranes; mobile cranes (such as wheel-
mounted, rough-terrain, all-terrain, commercial truck-mounted, and boom truck
cranes); multi-purpose machines when configured to hoist and lower (by means
of a winch or hook) and horizontally move a suspended load; industrial cranes
(such as carry-deck cranes); dedicated pile drivers; service/ mechanic trucks with
a hoisting device; a crane on a monorail; tower cranes (such as fixed jib
(“hammerhead boom”), luffing boom and self-erecting); pedestal cranes; portal
cranes; overhead and gantry cranes; straddle cranes; side-boom tractors; derricks;
and variations of such equipment.
c) Operation
i. Operational Aids - including but not limited to: boom hoist limiting device,
boom angle indicator, load radius indicator, luffing jib limiting device, anti two-
blocking device, load weighing device (such as a load moment indicator), and
outrigger stabilizer position monitor must be in proper working order.
Temporary alternative measures for safety devices or operational aids are not
permitted to be used nor will they be accepted.
ii. Safety devices - including but not limited to: crane level indicator, boom and jib
stops, foot pedal locks, check valves on hydraulic outrigger and stabilizer jacks,
and horns, must be in proper working order before equipment operations can
begin. Completion of a lift plan is required for each load. Temporary alternative
measures are not permitted to be used.
d) Operator
i. The crane operator(s) shall be proficient in the operation of the crane(s) and
licensed in the State/City where the operation is being performed, or certified by
an accredited crane operator testing organization - such as the National
Commission for the Certification of Crane Operators (NCCO) - or by an audited
employer program developed by an accredited crane operator testing
organization and audited by a third party qualified auditor.
e) Power line safety
i. Crane and rigging operations are not permitted within 20 ft of power lines unless
the power lines are de-energized and confirmed by a qualified utility company
representative.
ii. Where encroachment is required within 20 ft from power lines in accordance
with 1926.1408, Table A.
1. A planning meeting shall be conducted with the assembly/disassembly

State Office Building Renovation 00 73 19-23 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
director, operator, crew and other workers in the area to review steps to
prevent encroachment.
2. Tag lines must be non-conductive.
3. Dedicated spotters shall be used
4. Proximity alarms or range control warning device shall be used.
f) Special procedures
i. A lift procedure shall be developed by the Contractor’s qualified person and
overseen by the Contractor’s qualified and competent assembly/disassembly
director for the following and submitted to Gilbane prior to the lift taking place:
1. A Critical Lift. Critical lifts are defined as lifting a load when the
weights are at or over 75% of the rated capacity of the crane and rigging
as determined by the manufacturer.
2. Multi-Crane Lifts.
3. 100 Tons or greater Lift.
4. Any application that deviates from the manufacturers recommendations.
5. When special or unique hazards are under or adjacent to the load at any
time during the lift.
6. When Gilbane determines such a procedure is necessary.
7. The Lift Procedure will include a Hazard Analysis developed by the
Contractor and submitted to Gilbane along with Pre-Lift meetings which
shall be held at 30 days prior to the lift, the day prior to the lift and
immediately prior to the lift with the actual workforce doing the lift. All
concerned parties must be present for the meetings with minutes of the
meeting recorded by Gilbane.
8. The Lift Procedure will include documentation of calculations which
incorporates weight deductions of all rigging equipment, a load chart for
the crane(s) that will be used, a site plan and layout sheet which will
include the path of travel of the load, swing radius protection and any
other necessary factors.
9. The Gilbane Crane Lift Plan Form, Crane Critical Lift checklist (obtain
from Gilbane Regional Safety Manager), or equivalent shall be used.
g) Tower Crane Erection and Dismantling
i. Tower Crane Safety Coordination Meeting - Prior to the planned erecting,
dismantling or jumping of tower cranes, a ‘Safety Coordination Meeting’ shall be
conducted with Gilbane Building Company and the following stakeholders as
applicable.
1. The stakeholders that must be present at the meeting shall be:
a. General Contractor Superintendent / Designee;
b. Subcontractor providing, leasing or using the crane;
c. Independent third party Crane Inspector;
d. Crane Operator and Oiler;
e. Lead Tower Rigger and Rigging Crew – if available;
f. Jumping Crew Foreman and backup personnel – if available;
g. Professional Engineer of Record for the Crane / Designee;

State Office Building Renovation 00 73 19-24 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
h. Crane Site Safety Coordinator;
i. Site Safety Manager;
j. Flagmen/Communications Personnel;
k. All Other Personnel Taking Part in the Operation.
l. State or local regulatory agency representative if applicable.
ii. The following topics are to be covered during the Tower Crane Safety
Coordination meeting:
1. Scope and sequence of work;
2. Site and Logistics Plan;
3. Crane mat engineered design drawings;
4. Roles and responsibilities;
5. Required Licenses and certifications;
6. Rigging to be used (including softening material if nylon web slings
used);
7. Inspection scope and frequency of all rigging equipment, materials and
tools prior to erection, dismantling and raising/lowering;
8. Rigging diagrams, capacities and specific sequence of rigging
operations;
9. Engineering specifications and inspection schedule of all equipment
including but not limited to collars, ties, and bolts;
10. Permit validity and qualifications and training of personnel;
11. A Plan for tower cranes during inclement weather, including relevant
weather warnings and compliance with manufacturer’s manual
(including maximum recommended wind speeds for
erection/dismantling, and anemometer equipment/location);
12. All Loads and lifting components and capacities;
13. Communications systems;
14. Self rescue devices for the operator;
15. All engineered drawings and certifications;
16. Foundation designs and structural bracing design and installation;
17. Specifications of the assist/erection crane and rescue crane.
18. Crane Installation inspection – A third party, independent tower crane
inspector shall inspect all tower crane components upon arrival to the
project and ensure they were not damaged during transport. Once fully
erected, the third party crane inspector for the crane must provide
Gilbane Building Company with a certified and signed report stating that
he or she has inspected the crane installation. This certified report must
verify that the crane is installed in accordance with plans filed with
Gilbane and the city or state where applicable, and that the third party
crane inspector for the crane has reviewed the appropriate technical
testing records, including torque, plumb, and magnetic particle reports
for the crane. In addition, once every twelve (12) months, the crane shall
be inspected by a qualified 3rd party, independent crane inspector.
19. During the safety coordination meeting the Plan for the Erection,

State Office Building Renovation 00 73 19-25 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Dismantling, Raising & Lowering of the Tower Crane (‘The Plan’) shall
be reviewed.
20. The engineer of record for the crane must submit written plans and
specifications to Gilbane and the applicable state or federal agency that
detail the erection, jumping and dismantling procedure for the crane that
is to be erected, jumped or dismantled at the site. These plans must be
prepared by the licensed engineer and in conjunction with the licensed
rigger and must be received prior to the safety coordination meeting.
iii. The Plan for Erection, Dismantling, Raising & Lowering of the Tower Crane
shall include:
1. A written job plan which describes the intended operation of the subject
crane including specific uses of the crane and the nature and weight of
anticipated loads;
2. A site specific Job Hazards Analysis describing the steps involved in
tower crane erection, jumping, dismantling and operation, the related
hazards, and the controls to be implemented to mitigate these hazards.
The JHA shall also address protection from fall hazards to the erection
crews and fall rescue;
3. The sequence of operation;
4. Climbing schedule;
5. Rigging materials to be used.
iv. The Site Logistics plan shall include:
1. Crane swing radius plans, including plans to ensure multiple tower
cranes on site will not strike each other;
2. Site plans showing ground storage space for each component, including
truck positioning and off-loading activities as well as pre-assembly work;
3. A description of the relationship of the crane to the building under
construction, including minimum clearances between the tower, counter-
weights, jibs, and any other relevant moving parts of the crane to parts of
the building, including thrust-outs, cornices, window bays, and any other
fixed points;
4. A description of the maximum permissible radius and load ratings for the
configuration and the site location of the tower crane, and the building
component weights to be lifted;
5. Description of the proximity of high voltage overhead power lines to the
operating radius of the tower crane, and tower electrical grounding
methods;
6. Communication plans for ground-men, riggers and other crane operators
and others on site;
7. Identification of each lift with respect to weight, the necessary mobile
crane reach and rigging accessories required (refer to Gilbane Crane Lift
Plan). A scale on site to verify the weights of each component is
recommended;
8. Counter-weight specifications if they are prepared on site;
9. Safety, proximity and redundancy systems and limit switches to be
installed;

State Office Building Renovation 00 73 19-26 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
10. Size of banners to be applied and ‘wind sails.” Banners, signs or flags
cannot be affixed to any mast or jib section per manufacturer’s
instructions;
11. Location and type of wind measuring devices and manufacturer’s
maximum recommended wind speeds for erection, jumping, dismantling
and operation;
12. Certifications;
a. Operators shall have a current applicable state hoisting license.
Where no applicable state hoisting license is applicable the
operator shall hold a current certification by NCCCO as a
certified tower crane operator.
b. Riggers shall be qualified and may be required to hold a
certification by NCCCO as a certified rigger.
i. Riggers who rig or connect loads lifted by a tower crane
shall be qualified to ANSI A10.42 or hold a current
certificate by NCCCO as a certified rigger.
c. Signalpersons who provide hand or verbal signals to a tower
crane shall be qualified and trained, or hold a current certificate
by NCCCO as a certified signalperson.
d. Written statement of each crane operator's experience and
qualification to operate the type of tower crane utilized shall be
included with the copy of applicable state-issued license or
NCCCO certificate available on site.
13. A certification issued by a state-licensed Crane Certifier and/or
independent third party crane inspector for subject tower crane. The
certification shall be current to within one year of the operation period of
the crane on the project;
14. The manufacturer's erection sequence for counter-jib, jib, counter-weight
machine deck, and tower spire and procedures for installation of jib and
counter-jib support pendants;
15. The type and calibration of torque wrenches and/or belt-stretchers and
the procedure to be used for all tower sections and slew-ring bolts,
including re-torquing after final assembly;
16. A procedure for written verification of all slew-ring and tower section
bolt torques to be maintained at the worksite or on the crane;
17. Documentation of compliance with FAA and other state and local
permits as applicable;
18. A plan stamped by a Registered Professional Engineer detailing the
tower crane supports, such as foundation, railway, floor support and tie-
in collars, as well as soil stability and bearing capacity, reinforced steel
design, foundation tower anchor placement and concrete specifications
available on site;
19. Verification by the crane employer that during the time periods of
erection, climbing and dismantling of the tower crane, a qualified
representative of the licensed crane certifier, or safety representative for
the distributor or manufacturer will be present on site to assure that such
processes and operations are performed in accordance with the

State Office Building Renovation 00 73 19-27 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
manufacturer’s recommendations and any applicable state and federal
safety regulations;
20. Verification that the erection, dismantling, raising and lowering of the
tower crane will be conducted in compliance with the manufacturer’s
recommendation for the specific crane;
21. Verification that – before each climb – the following have been
performed:
a. Inspection of the load-bearing members of the climbing and
support system;
b. Balancing the crane per the manufacturer’s instructions;
c. Inspection of the crane to determine that there are not
obstructions to the free movement of the mast (tower).
22. Verification that no employees, other than those engaged in the erection,
climbing or dismantling of the crane, are to be permitted in the area
below the crane during erection, climbing and dismantling work. The
clear area below the crane shall be that open area below the current
activity where employees are exposed to potential hazards within the
maximum radius of the crane measured from its base;
23. Erection, climbing, jumping and dismantling shall be conducted during
off-hours or on weekends when no other workers (other than those
engaged in the activity) are present.
a. Further, only those workers actually engaged in erection,
climbing or dismantling of the crane shall be allowed on the
crane during the erection, climbing or dismantling processes.
No other work shall be performed on the crane while these
processes are taking place.
v. Inspections and Testing.
1. An inspection shall be conducted by a state-licensed independent tower
crane inspector:
a. Prior to erection;
b. Upon erection and every three months;
i. Bi-monthly in adverse conditions.
c. After lightning strikes or significant environmental events;
d. After tower erection or jumps.
2. Capacity testing of tower crane after erection and jumping. This shall be
performed with a known weight to ensure proper calibration per the
manufacturer’s instruction;
3. Proof load testing in accordance with manufacturer’s requirements
within 12 months preceding the cranes arrival and use on site;
4. The third party tower crane inspector shall perform visual and functional
motion tests on all systems and components in accordance with the
manufacturer’s requirements.
a. The inspection shall include:
i. Non-destructive testing;
ii. X-ray welds;

State Office Building Renovation 00 73 19-28 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
iii. Visual inspection of boom lattice, turntable, bolts, pins,
load blocks, weight ball, slings, hoist lines, limit
switches, counterweights, walking surfaces, braces,
collars, etc.;
5. Non-destructive inspection of all welds and magnaflux testing on all
welds suspected to be damaged.
6. Inspection responsibilities of supervisors, inspection intervals and what
is to be inspected, i.e., a written crane inspection program;
7. A written crane maintenance and preventative maintenance program;
8. A written testing schedule (in accordance with manufacturers
requirements and ANSI B30.3) for functional motions, limiting devices
and brakes, including, but not limited to: load hoisting and lowering,
boom hoisting, lowering and traversing the trolley, swing motion, brakes
and clutches, and limit, locking and safety devices;
9. Safety meeting intervals, who will conduct meetings and what general
and specific topics will be discussed.
vi. Safety Log.
1. The General Contractor, or his or her designee, shall keep a log on site
and available at all times of all safety coordination meetings held,
inspection logs, certifications, engineering plans, work orders,
manufacturers specifications, etc.
h) Record keeping
i. All records pertaining to crane inspections shall be kept with the crane or in the
trade contractor’s site field office in accordance with applicable OSHA
regulations.
ii. If during any safety inspection, the operator or supervisor cannot produce the
required crane inspection sheets, the crane shall be shut down as soon as possible
and shall be inspected.
iii. Where crane operators are required to be licensed by the State where the project
is being built they shall have a current license and provide a copy to Gilbane
when requested. Duplicates of Certification records shall be maintained on
project site by Contractor and made available to Gilbane upon request. Evidence
of competency of the operator shall be provided by the contractor to Gilbane.
i) Rigging
i. Only qualified riggers shall perform rigging operations.
ii. A Competent Person appointed by the Contractor shall inspect all rigging
equipment. Inspection shall be done and documented prior to each shift starting
work, monthly and annually in accordance with 1926.1413. If there are any
deficiencies in equipment, it shall be removed from service and corrected or
replaced per manufacturer’s criteria.
iii. All rigging equipment that is defective or damaged shall be immediately
destroyed or removed from the project site.
iv. Chain slings are not permitted to be used for any lifting operation unless
specifically designed for a unique application.
v. Tag lines shall be used on all loads.
vi. Wire rope slings shall bear a legible manufacturers capacity tag.

State Office Building Renovation 00 73 19-29 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
vii. All hooks used for overhead lifting shall be equipped with safety latches or
alternate lifting methods such as clamps will be used. Shake-out/sorting hooks
may only be used for unloading materials from trucks and will not be used for
overhead lifting.
j) Signals
i. The contractor shall appoint a qualified and trained signal person that meets the
definition of 1926.1428 c and 1926.1430.
ii. When hand signals are used, only the standard method for signals shall be used
1926.1400 App A.
iii. Operator and signal person shall meet prior to hoisting lifts to confirm
understanding of signals.
6. Demobilization
a. The Project Superintendent and each contractor shall organize and schedule the orderly
removal of their project site offices and trailer facilities, the termination of temporary utility
services, the transfer of telephone services to their offices, and the forwarding of mail. The
site shall be left in the conditions specified by the contract documents. The Project
Superintendent shall inspect the site with the Owner to verify that all permanent security and
safety devices are in place and performing their intended function.
7. Demolition
a. Structural Demolition
1) An engineering survey shall be completed before the start of demolition.
2) All structural shoring shall have stamped drawing and calculations by a registered
Professional Engineer.
3) Areas being demolished must be secured by means of barricades to prevent
unauthorized personnel from entering the area.
4) Subcontractors must submit, prior to the start of construction, a detailed demolition
plan to include, means and methods, related drawings, and other relevant safety plans.
8. Discipline - Enforcement
a. All contractors and suppliers shall participate in the Project Safety Plan. Should an
imminently dangerous condition be discovered, all work in the area of danger will be
stopped until corrections are effected.
b. Should Gilbane find contractor areas of work or individuals being or acting in non-
compliance with OSHA or the Project Safety Plan, Gilbane shall have the authority to order
immediate correction of the non-compliant occurrence.
1) All costs of correction shall be borne by the Trade contractor deemed responsible.
a) If more than one contractor is deemed responsible, Gilbane's division of
responsibility shall be final.
2) Nothing contained herein, however, shall serve to relieve the contractor of their
liabilities and/or obligations under OSHA as well as other applicable Owner, Federal,
State and local requirements as well as the Project Safety Plan.
3) Gilbane may withhold payment of any sums due contractors for failure to follow the
Project Safety Plan policies and procedures.
4) Gilbane will issue a written, 24-hour notice in this regard requiring immediate
response by the contractor.

State Office Building Renovation 00 73 19-30 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
5) Repeated violations or lack of cooperation with regard to the Project Safety Plan by
employees of a contractor will indicate non-compliance with provisions included in the
contract and may be reason for the employee being barred from the project site and/or
for termination of the contractor's contract. Additionally, if contractor receives three
(3) written citations because of the actions of one or more of their employees; a
meeting will be held with a representative from the Contractor, the Gilbane
Superintendent, the Gilbane Regional Safety Manager and the Gilbane Project
Manager and/or Project Executive to determine whether the Contractor’s Field
Supervisor is appropriate or whether replacement will be required.
c. At orientation, new employees are given their first warning: These are the rules; if you fail
to follow them you will receive a citation.
1) 1st Citation: Notice is sent to employer. Employee must come in and see Gilbane to
review violation so we can be sure the employee knows how serious this citation is and
what corrective action must be taken.
2) 2nd Citation: The individual may be removed from the property.
a) This constitutes three (3) warnings. At this point, this person will be banned
from further access to the site.
3) “Immediate removal from the property” Citations will result when:
a) Any employee, supervisor or manager exposes themselves or other employees
to imminent loss of life.
b) Any employee, supervisor or manager openly exhibits disregard, defiance or
disrespect for the safety plan.
c) Any employee, supervisor or manager knowingly falsifies any investigative
document or testimony involved in an investigation.
d) A violent physical encounter (fighting) occurs. All individuals involved in the
incident are subject to removal.
e) Threats are made against any safety personnel performing their duties.
f) Theft or destruction of property occurs.
g) Any employee, supervisor or manager consumes, possesses, distributes or is
under the influence of alcohol/drugs.
h) Other Citations: Violations of safety, traffic, housekeeping or material storage
rules.
d. Dispute Resolution
1) All disputes involving the Project Safety Plan shall be resolved by Gilbane whose
decision is final and not subject to arbitration.
9. Substance Abuse Policy - Minimum
a. Purpose

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

State Office Building Renovation 00 73 19-31 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
premises, facilities or work places of any of the following: alcoholic beverages,
intoxicants, drugs and related drug paraphernalia.

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:

1) Company - Gilbane Building Company.


2) Alcohol - Ethyl (Ethanol). References to use or possession of alcohol include the use
of any beverage, mixture, or preparation containing alcohol.
3) Drug - Any substance (other than alcohol) including prescription drugs which may
impair mental or motor function; including, but not limited to, any psychoactive
substance, controlled substance, marijuana, or designer or simulated drugs. This
definition does not apply to prescription drugs, which have been disclosed to the
Company and the Controlling Employer by the worker and are approved for use within
prescription limits.
4) Employee - Any individual, salaried or hourly, who actually performs work for a
Controlling Employer on the project premises.
5) Controlling Employer - Any individual or firm that provides workers to perform work
on the project premises and is responsible for their hiring, advancement, payment,
discipline, and termination, including the Owner, the Architect, Gilbane, all
contractors, all sub-tier contractors, all vendors, all suppliers, all material dealers, any
Other Contractors, and any others coming on the project premises.
6) Applicant - Any individual who is referred or makes application for employment on
the project premises.
7) Project Premises - All parts of any office, work site, or other work location, including
parking lots under the control of the owner and/or Gilbane.
8) Testing Facilities - A laboratory where a specimen can be tested for drugs and alcohol
within threshold limits according to standards established by the U. S. Department of
Transportation and is certified by the U. S. Department of Health and Human Services
(HHS) under the National Laboratory Certification Program (NLCP) or in the case of a
foreign laboratory is approved for participation by the U.S. department of
Transportation with respect to Part 40.
9) Contraband - Considered including but not limited to the following: drugs, alcohol,
and drug paraphernalia.
10) Drug Paraphernalia - Any article for the use, storage, or sale of drugs.
11) Accident - Any event resulting in injury to a person or property to which the Company
believes a worker contributed as a direct or indirect cause.
12) Incident - Any event, which the Company determines, has all the attributes of an

State Office Building Renovation 00 73 19-32 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
accident, except that no harm was caused to personnel or property.
13) Tobacco Products - Any article containing tobacco, including but not limited to cigars,
cigarettes, pipe tobacco, snuff, and chewing tobacco.
14) Worker(s) – Any individual, salaried or hourly, of any employer who will be
performing work on the project premises.

d. Drug Detection Thresholds

1) All confirmatory drug testing shall be done in NLCP-certified facility.


2) Drug Detection Thresholds will be in accordance with U.S. D.O.T.

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.

State Office Building Renovation 00 73 19-33 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
g. Discipline and Rehabilitation

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.

4) A worker on the project premises, facility, or work place in possession of


contraband is subject to disciplinary action, up to and including barring from the site
by the Company and immediate termination by the Controlling Employer. Contractors
and/or workers who are in possession of contraband are subject to removal and denial
of future access to the project premises.

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.

h. Financial Obligation of the Controlling Employer

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.

State Office Building Renovation 00 73 19-34 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
j. Training

1) Supervisors and management personnel will be trained to recognize appropriate


symptoms and to administer the policy in a consistent, confidential and intelligent
manner.

k. Contractors and Suppliers

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.

l. Posting and Distribution

1) Significant sections of this policy and these procedures will be given to each applicant
and worker upon request.

2) A warning notice will be posted in a conspicuous location on the project premises.


This Minimum Drug Enforcement Policy will be included in each pre-bid and pre-
construction meeting as well as an integral part of the project Safety plan and contract
documents.

3) The Company may revise and amend this policy and these procedures as required.

m. Procedures for Examination of Post-Accident Screening if allowed.

1) A Controlling Employer supervisor is to accompany injured employee or those


employees involved in the accident or incident involving a Controlling contractor
worker to the clinic or medical facility. Controlling Employers shall certify any
worker(s) involved in an accident or incident tested negative for drugs and alcohol
prior to allowing them to return to the project premises.

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

State Office Building Renovation 00 73 19-35 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
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.
o. In the event that a Project Specific Substance Abuse Policy is not in effect, each Controlling
Employer shall certify that they have a Drug Enforcement Policy which incorporates as a
minimum the requirements specified within the program listed above.

1)

10. Electric - Temporary


a. General.
1) All electrical work, installation and wire capacities shall be in accordance with the
applicable pertinent provisions of the National Electrical Code (most current version),
ANSI and OSHA Standards.
b. GFCI and AEGP.
1) All 120 volt, single phase, 15 & 20 amp temporary power circuits (with the exception of
temporary lighting) shall have ground fault circuit interrupters (GFCI) installed. In
addition all tools, cords and power sets shall have an assured equipment inspection
program maintained on quarterly basis.
2) The color codes used for identifying inspected & tested equipment on this project are:
January, February, March White
April, May, June Green
July, August, September Red
October, November, Orange
December
(NOTE: The cycle of colors is repeated for the next year)
3) Portable tools will have the appropriate color code affixed to the male (plug) end
following inspection. Extension cords will have the appropriate color code affixed to
both ends (plug & receptacle). The previous quarter’s color code will be removed to
avoid confusion.
4) When using permanent power, once established in new construction or in renovation
work, Ground Fault Circuit Interrupters must be used in conjunction with the AEGC
inspections.
c. Extension Cords.
1) Extension cords used with portable tools must be a minimum 12 gauge wire. Damaged
electrical cords shall not be used.
2) All extension cords will be suspended seven feet (7’) above finish floor or work platform.
Extension cords will not be fastened with staples, hung from nails or suspended by non-
insulated wire.
3) Receptacles shall not be connected to the same ungrounded conductor of multiwire
circuits which supply temporary lighting.
d. Temporary Lighting.
1) Temporary lighting circuits must be a UL-approved assembly.

State Office Building Renovation 00 73 19-36 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
2) Open wiring is NOT acceptable for temporary lighting circuits. ‘Open wiring’ refers to
the individual conductors being physically separated (as in the McGill "String-O-Lights.)
3) Lighting on barricades, fences or sidewalk coverings shall be encased in metal raceway.
4) Bulbs for temporary lighting must have guards to prevent accidental contact.
5) Temporary lights must be suspended by the lamp fixture and by non-conductive twine or
cord or other material.
6) All wiring used for temporary lighting shall be run using SJTW cord type, minimum 14/2
Gauge conductor.
7) Splices shall be made within secured junction boxes and performed by a QEW.
8) Portable electric lighting used in moist or other hazardous locations such as drums, tanks,
vessels, bins, bunkers, etc., shall be operated at a maximum of 12 volts (non-explosive).
9) All shop lighting and portable task lighting shall have a cover and guard installed when in
use or available for use.
e. Wiring Ground.
1) All temporary wiring shall be effectively grounded in accordance with the National
Electrical Code (Articles 305 and 310).
2) All non-current carrying parts of electrical equipment must be grounded or have an
approved double-insulated setup. Grounded circuits must have enough capability to carry
all currents likely to be imposed on it.
3) All electrical equipment and wiring in hazardous locations must conform to the National
Electrical Code standards. The frames of all cutting, welding (arc, heli-arc, gas-plasma-
arc) machines shall be grounded.
f. Protection of Energized Parts.
1) All temporary power panels shall have metal covers installed at all times, unless they are
housed in a room where the door is closed and locked from unqualified persons. All open
or exposed breaker spaces shall be adequately covered, and labeled.
2) Fish tapes or lines made of metal or any other conductive medium are prohibited.
Nonconductive tapes and lines will be used in their place.
g. Defective Electrical Tools and Equipment.
1) All electrical tools and extension cords found to be defective (Examples: missing or
broken ground pins, exposed internal conductors) will immediately be rendered in-
operative by cutting off the plug end or by immediately removing from the project.
h. Energized Electrical Work/LOTO.
1) Electrical work (e.g. tie-ins, panel maintenance) shall be conducted only on de-energized
(locked out and tagged out) systems. All circuit disconnects must be locked in the open
position or otherwise appropriately identified with affixed tags stating "DANGER - DO
NOT ENERGIZE" or other equivalent wording prior to working on the system or
equipment. Employees are not permitted to work on any energized circuits unless
conditions mandate and written approval is obtained from the Regional Safety
Manager. The pre-task planning for all work on energized systems must be submitted for
review. Additionally, work practices must conform to all applicable owner, state and
federal requirements including the NEC and the most recent version of NFPA 70E.
11. Elevated Work (Other than Fall Protection)
a. Ladders
1) Manufactured ladders on the project shall comply with the regulations of ANSI-A14.1-

State Office Building Renovation 00 73 19-37 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
1968 (or most recent version) Safety Code for Portable Wood Ladders or ANSI-A14.2-
1972 (or most recent version) as required by OSHA. All ladders shall be used in the
manner and for the purposes for which they were designed and constructed.
2) The side rails or extension shall extend 36 inches above the landing. When this is not
possible, grab rails shall be installed. All ladders in use shall be tied, blocked,
stabilized by a second worker or otherwise secured to prevent accidental displacement.
3) When working on/from a ladder at elevations greater than six (6') feet or more above
the work surface, all ladders (including podium ladders) must be tied, blocked,
stabilized by a second worker or otherwise secured against accidental
displacement. Where adequate anchorages are available, workers shall tie off using a
Personal Fall Arrest System or utilize a different means of gaining access (i.e., scissor
lift, scaffold, etc.).
4) Portable metal ladders shall not be used.
b. Scaffolding
1) All employees erecting, using and dismantling scaffolds shall be trained in the hazards
present and the safe procedures to be followed to eliminate exposure to those hazards
and shall be provided with fall protection when six (6) feet or more above the next
lower level. Daily, documented inspections will be performed by a designated
competent person.
c. Concrete and Masonry
1) All equipment and materials used in concrete construction and masonry work shall
meet the applicable requirements as prescribed in ANSI-A10.9-1970 (or most recent
version)"Safety Requirements for Concrete Construction and Masonry Work."
d. Stairways
1) Upon delivery to the project site all office trailers and material storage trailers shall be
provided with stairway access to all doorways and shall have landings with railings
which allow for at least 20 inches of clearance in front of any door swing.
2) Stairway placement shall follow placement of the upper floor deck, as soon as
practical.
e. Hoists and Elevators
1) Temporary personnel elevators and material hoists shall be constructed, installed and
maintained in compliance with the manufacturer's instructions and the provisions of
applicable statutes and regulations of governing authorities.
2) No elevators or hoists are to be used for the movement of materials and personnel until
the devices have been certified and licensed by a third party inspector qualified to
approve the equipment.
3) No person shall be allowed to ride on a material hoist except for the purposes of
inspections and maintenance.
12. Elevated Work - Fall Protection
a. A Fall Protection Plan must be developed by the contractor for all work with a fall exposure
greater than 6-feet with a copy provided to Gilbane prior to start of work.
b. “Controlled Access Zones”, “Safety Monitoring” and “Warning Lines” are not permitted in
lieu of conventional fall protection, i.e. guardrails or personal fall arrest systems.
c. Personal Fall Arrest Systems (PFA)
1) Personal Fall Protection systems shall be worn and used by all employees when

State Office Building Renovation 00 73 19-38 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
working six (6') feet or more above the ground/floor or whenever working in a
precarious position, unless other adequate fall protection (guardrails or safety nets) are
provided.
2) All lanyards are to be as short as possible, but in no event longer than six (6') feet.
Shock absorbing lanyards must be used unless a Self-Retracting Lanyard is in use.
Wire rope lanyards are prohibited unless approved by Gilbane.
d. A Personal Fall Arrest System shall also be worn and attached to the manufacturer’s
approved anchorage when working out of aerial lifts and to vertical drop lines when working
from suspended scaffolding.
e. Only one individual shall use vertical safety lines at a time.
f. When wire rope is used as guardrails providing fall protection, please refer to the Steel
Erection section of this document for design and installation details.
g. When wire rope is used a horizontal lifeline, it shall be designed by a registered Professional
engineer and installed and maintained by a competent person. It shall be designed, installed
and maintained to meet, at a minimum, the requirements of OSHA as contained in 29 CFR
1926.502.
h. To eliminate the potential of a fall when working on a flat roof or deck, a warning barrier
meeting the following requirements may be used 15 feet from the fall hazard. If a worker is
between the warning barrier and the fall hazard, a positive means of fall protection must be
used.
1) Warning tape is not allowed as a warning barrier. Warning barriers shall consist of ropes,
wires, or chains, and supporting stanchions erected as follows:
2) The rope, wire, or chain shall be flagged at not more than 6-foot (1.8 m) intervals with
high-visibility material;
3) The rope, wire, or chain shall be rigged and supported in such a way that its lowest point
(including sag) is no less than 34 inches (.9 m) from the walking/working surface and its
highest point is no more than 39 inches (1.0 m) from the walking/working surface;
4) After being erected, with the rope, wire, or chain attached, stanchions shall be capable of
resisting, without tipping over, a force of at least 16 pounds (71 N) applied horizontally
against the stanchion, 30 inches (.8 m) above the walking/working surface, perpendicular
to the warning line, and in the direction of the floor, roof, or platform edge;
5) The rope, wire, or chain shall have a minimum tensile strength of 500 pounds (2.22 kN),
and after being attached to the stanchions, shall be capable of supporting, without
breaking, the loads applied to the stanchions as prescribed in paragraph (f)(2)(iii) of the
applicable OSHA section;
6) The line shall be attached at each stanchion in such a way that pulling on one section of
the line between stanchions will not result in slack being taken up in adjacent sections
before the stanchion tips over.
i. Steel Erection – Refer to Section 47 – Steel Erection
j. Precast/Prestressed Concrete – Refer to Section 40 – Precast/Prestressed Concrete

13. Elevator Safety


a. Contractors shall comply with all applicable provisions of OSHA, ANSI, Gilbane Safety
requirements and the National Elevator Industry Field Employees Safety Handbook.
14. Emergency Procedures – Medical – Blood-borne Pathogens
a. OSHA (29 CFR 1910.1030) requires that each employee exposed to blood and other

State Office Building Renovation 00 73 19-39 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
infectious materials be advised of the potential Blood-borne pathogen hazards and how to
guard against those hazards. Each contractor, and each sub-contractor, whose employees are
occupationally exposed to blood and other potentially infectious materials (including all
body fluids in situations where it is difficult or impossible to differentiate between body
fluids, etc.) must develop a list of all such tasks on the project; instruct the employees in the
potential risks involved; develop a labeling system for all infectious materials; train all
potentially exposed personnel in the hazards and the proper controls for all listed tasks;
provide safety materials and equipment; and offer appropriate medical treatment and advice
for any exposure. These steps are outlined in detail in the following material. Employee
training for this requirement will be documented and acknowledged by signatures following
each session using the documentation statement included in this Blood-borne Pathogen
Safety Program.
b. Exposure Control Plan
1) Every contractor will be responsible for development and maintenance of a list of tasks
within the project operations which involve occupational exposure to blood and other
infectious materials. Each contractor will be further responsible for training their
employees, obtaining medical services for their employees, and maintaining medical
records for their employees assigned to all such hazardous tasks. One copy of the list
identifying the hazardous tasks and of each employee assigned to perform those tasks
will be forwarded to Gilbane.
2) Employees will be allowed access to this Blood-borne Pathogen Safety Program and to
information regarding those specific tasks in their work areas identified as involving
exposure to blood and other infectious materials. All questions relating to the
contractor's program should be directed to the contractor's superintendent or safety
officer. All questions relating to the Project Safety Plan are to be directed to Gilbane.
c. Employee Information and Training
1) All new and present employees will be given information regarding the requirements
of this Blood-borne Pathogens Safety Program; the hazardous tasks present in their
work place; and the potential health risks of these tasks. This requirement must be
met through orientation sessions for all employees prior to assignment to the
specifically identified hazardous tasks, and through annual refresher courses for all
employees currently performing those tasks. The information and training shall
include the following elements:
2) The risks and symptoms of exposure to Blood-borne pathogens shall be identified.
3) How to determine the presence of blood or other infectious materials in the work place.
4) Methods to be used to reduce or prevent the exposure to blood and other infectious
materials, such as control procedures, work practices, or personal protective
equipment.
5) Procedures to follow in the event of an exposure to blood or other infectious materials.
6) Identification of the log maintained in the project office in which is listed all tasks
involving occupational exposure to blood and other infectious materials on the site.
7) How to review tasks to minimize the potential hazards of infection.
8) When a task involves the handling of blood and other infectious materials, how those
materials are to be contained, labeled and properly disposed.
9) The necessity for proper housekeeping and personal hygiene techniques including
handwashing shall be emphasized.
10) Employees must have the opportunity to ask questions and obtain answers from the

State Office Building Renovation 00 73 19-40 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
trainer who must be knowledgeable in the subject matter.
d. Container Labeling and Disposal
1) The Contractor and Gilbane will verify that all containers used to store or transport
blood and other infectious materials generated at the site are clearly labeled with
warning labels which include the orange or orange-red biohazard symbol. Labels shall
indicate the contents, the hazards involved, and the name and address of the project.
Red bags or containers may be used instead of labeling, but the management of these
receptacles shall be controlled by employees specifically trained in this program. The
Contractor and Gilbane will ensure that all secondary containers of the blood and other
infectious materials have clear warning labels with the same information as the original
container. Each contractor's superintendent, or safety representative if one is assigned,
shall perform the above responsibilities for all their materials generated.
2) All containers of blood and other infectious materials shall be controlled until
delivered to an authorized disposal facility for incineration or decontamination by
legally approved means. Arrangements may be made with a local hospital to receive
and dispose of limited quantities of these regulated wastes in cases of first-aid
treatment. Each contractor shall be responsible for proper disposal of all regulated
wastes generated by their work.
e. Hazardous Non-Routine Tasks and Nearby Work
1) In the event an employee is assigned to perform a non-routine task, or is assigned to
work in an area where a hazardous task non-routine to their work, is being performed,
the employee will be given the additional information and training related to the
hazards which may be encountered in the non-routine task. This information and
training will be provided as described elsewhere in this program by the first-line
foreman, contractor safety representative or a trainer who must be knowledgeable in
this subject. The information will include the specific hazards of the task, the controls
and protective measures required, the types of personal protective equipment required,
how to use the equipment, the nature of other work being performed in or near the non-
routine task, and what emergency procedures are involved with the task.
f. Universal Precautions
1) To ensure that employees who work on tasks presenting an exposure to blood and
other infectious materials are afforded the greatest protection available, the following
policy has been established:
a) Prior to starting work on any task involving blood and other infectious
materials, all employees will review safety precautions which should be taken.
Universal precautions shall be observed which means treating all blood and
other potentially infectious materials as if infectious. Particular attention shall
be given to contaminated sharp objects which may penetrate the skin including,
but not limited to, needles, broken glass, and exposed ends of wires. Work
practices and engineering controls shall be followed diligently including the
provision and use of the following:
i) Gloves, latex.
ii) Masks and eye protection.
iii) Resuscitation bags and mouthpieces.
iv) Gowns, aprons or specialized clothing where required by established
engineering practices.
v) Hand-washing facilities, and other decontamination where required by

State Office Building Renovation 00 73 19-41 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
established engineering practices.
vi) Decontamination of the above personal protective items shall be
conducted by trained personnel following approved procedures.
Disposable items shall be discarded into red bags or properly labeled
containers and delivered for disposal as required elsewhere in this
program. Items which are reusable and any work areas which were
contaminated by blood and other infectious materials shall be cleaned
and disinfected with a solution containing a strong concentration of
chlorine bleach.
g. Audit and Review
1) It will be the responsibility of Gilbane to review the entire Blood-borne Pathogen
Safety Program at least annually, and revise and update the material contained herein
to reflect all changes in the management, disposal, storage, and handling of blood and
other infectious materials generated at the project site. It will be the further
responsibility of Gilbane, to periodically audit procedures in use on tasks identified as
exposing employees to blood and other infectious materials in order that they meet the
requirements as set forth in the OSHA 1910.1030 standards. Each contractor's
superintendent or safety representative shall perform the above responsibilities for all
of their tasks and procedures.
h. Hepatitis B Vaccination
1) Hepatitis B vaccinations shall be made available to all employees who have
occupational exposure to blood within ten (10) working days of assignment, at no cost,
at a reasonable time and place, under the supervision of a licensed physician or health
care professional and according to the latest recommendations of the U.S. Public
Health Service (USPHS). Prescreening may not be required as a condition of receiving
the vaccine. Employees must sign a declination form if they choose not to be
vaccinated, but may later opt to receive the vaccine at no cost to the employee. Should
booster doses later be recommended by the USPHS, they must be offered to the
employees.
i. Post-Exposure Evaluation and Follow-Up
1) OSHA standard 1910.1030 specifies detailed procedures to be made available to all
employees who have had an exposure incident. These procedures and any laboratory
tests must be conducted by an accredited laboratory at no cost to the employee.
Follow-up procedures must include a confidential medical evaluation documenting the
circumstances of exposure, identifying and testing the source individual if feasible,
testing the exposed employee's blood with the employee's consent, post-exposure
prophylaxis, counseling and evaluation of reported illnesses. Health care professionals
must be provided specific information to facilitate the evaluation and their written
opinion on the need for hepatitis B vaccination following the exposure. Information
such as the employee's ability to receive the hepatitis B vaccine must be supplied to the
employer. All diagnoses must remain confidential.
j. Recordkeeping
1) Medical records shall be maintained on each employee, with occupational exposure to
blood and other infectious materials, for the duration of employment plus thirty (30)
years. Medical records must be made available to the subject employee, anyone with
written consent of the employee, OSHA and NIOSH. Medical records are not
available to the employer. Disposal of medical records must be in accord with OSHA's
standard covering access to records. These employee medical records must be

State Office Building Renovation 00 73 19-42 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
confidential and must include the following information:
2) Employee's name and social security number.
3) Hepatitis B vaccination status, including dates.
4) Results of any examinations, medical testing and follow-up procedures.
5) Copy of the health care professional's written opinion.
6) Copy of the information provided to the health care professional.
7) Training records shall be maintained for a period of three years and must include the
dates, contents of the training program or summary, trainer's name and qualifications,
names and job titles of all persons attending the sessions.

15. Emergency Procedures - Medical Services


a. Contractor's Responsibilities
1) Prior to commencement of work, provisions must be made for prompt medical
attention in case of serious injury. Each contractor shall have a minimum of one First
Aid/CPR trained individual on the project and inform Gilbane of their name.
2) Ensure that adequate first aid supplies shall be easily accessible when required.
3) Provide proper equipment for prompt transportation of the injured person to a
physician or hospital, or a communication system for contacting necessary ambulance
service.
4) Telephone numbers and addresses of the physicians, hospital and ambulance shall be
conspicuously posted.
5) Contractor shall complete and provide to Gilbane an "Employer's First Report of
Injury" within 24 hours of any/all incidents involving work activities associated with
the project. Contractors are advised to maintain their own OSHA 300 Log.
6) Contractor shall ensure that each of its lower-tier contractors meet these medical
requirements.
7) If the injured employee is released by the doctor for light or restricted work duty, the
Contractor shall make available restricted duty work for the injured employee.
8) Each occupational illness or injury shall be reported immediately by Contractor's
employee to Contractor's first aid attendant and Gilbane.
9) Contractor's first aid attendant or other competent person shall treat the injured
employee as often as necessary to ensure complete recovery, or until a decision is
made to seek medical treatment.
10) Contractor must provide for the prompt transportation of the injured person to a
hospital or other emergency facility.
11) A representative of the Contractor shall drive the injured employee to the medical
facility and remain at the facility until the employee is ready to return. Contractor's
representative shall carry necessary forms; i.e., authorization slips, return to work
notices to the medical facility
12) If it is necessary for the Contractor's first aid attendant to accompany the injured
employee, provisions must be made by Contractor to have another employee, properly
trained and certified in first aid, available to render same during the absence of the
regular first aid attendant.
13) If the employee is able to return to the project site the same day, he/she must return

State Office Building Renovation 00 73 19-43 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
with a statement from the doctor stating same and containing such information as date,
employee's name, and date of return to regular or restricted duty, date he/she is to
return to doctor, diagnosis, signature and address of doctor. If the injured employee is
unable to return to the project site the same day, the employee who transported him/her
should bring this information back to the project site and report it to Gilbane.
14) If it is necessary to call the outside medical facility, this call should be made by
Gilbane Project Manager while the injured employee is being transported.
15) Medical cases requiring ambulance services would be such cases as severe head
injuries, amputations, heart attacks, severe bleeding, stopped breathing, etc. Should
ambulance service be necessary, the following procedures should be taken
immediately:
16) Contact Contractor first aid attendant or nearest employee properly trained and
certified in first aid.
17) While first aid is being administered, contact Gilbane immediately.
16. Emergency Procedures – Alarms, Fire, Bomb, Weather, Environmental and Public
Demonstration
a. General Procedures
1) In order that necessary emergency services may be supplied promptly, each contractor
and sub-contractor shall post in a conspicuous place a list of emergency telephone
numbers along with the type of information to be transmitted for each emergency
situation.
2) All accidents are to be handled by the ranking person present, with whoever is
available to assist. The ranking person shall direct someone to notify first-aid
personnel, and to call for emergency services as necessary. The Project Superintendent
is to be notified as soon as this can be done without delaying assistance to the injured.
He will then take appropriate action.
3) In accidents resulting in injury to personnel, individuals qualified to administer first-
aid will assist the injured, will stabilize their condition, and will arrange for
transportation to a hospital if further treatment is required.
4) Except when necessary to avoid further injury, or to prevent additional damage to the
work, equipment will not be moved, or the position of items, parts, pieces, controls,
etc. will not be changed until photographs have been made and notes taken by the
Project Superintendent or the person designated to make the investigation and report.
As soon as the Project Superintendent can release the area from this constraint,
contractors concerned will clean-up and make repairs to return to a normal situation.
5) Where a specific procedure has not been established, reasonable judgment should be
used in determining what course to follow.
b. Alarms
1) Gilbane shall be notified of all emergencies and notify the appropriate emergency
service of the incident and initiate appropriate action.
2) Fire alarms within the area of new construction will consist of three short blasts on an
air horn located at the means of egress, stairway, ladder, or building entry. Telephone
notification of the fire department will be initiated immediately after sounding the air
horn alarm. Telephones are available in the project site office. Radio contact with the
project site office and Gilbane shall be used to inform all concerned regarding the fire.
3) A continuous long blast on the air horn may be used to summon first aid assistance in

State Office Building Renovation 00 73 19-44 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
the event of an accident.
c. Fire
1) The following procedures are established in the event of a fire. "RACE"
R Rescue... anyone in immediate danger.
A Alarm... activate pull station, go to phone and dial 911.
C Contain... close doors and windows, isolate the fire.
E Extinguish... use correct extinguisher.
d. Accident Involving Serious Injury or Death
1) The following procedures are established in the event of an accident involving serious
injury or death to employees or members of the general public.
a) Individuals qualified to administer first-aid will assist the injured, will stabilize
their condition, and will arrange for transportation to the hospital emergency
room if further treatment is required.
b) Gilbane is to be notified immediately. Immediate notification (within 8 hours)
of the local OSHA office is required in the event of a fatality or serious injuries
which may lead to a fatality.
c) All non-essential personnel shall be removed and/or kept back from the area.
d) Rescue personnel shall be provided assistance as requested.
e) No comments shall be made. All inquiries shall be referred to the Project
Manager.
f) No on-site photographs are to be taken without the specific approval of the
Project Manager and the Project Superintendent.
g) Gilbane shall make a full investigation and file an Accident/Injury Report
within twenty-four (24) hours of the occurrence.
h) Within the immediate area of the accident scene, nothing is to be disturbed nor
removed after proper evacuation of the injured personnel. Except when
necessary to avoid further injury, equipment will not be moved, or the position
of items, parts, pieces, controls, etc. will not be changed until photographs have
been made and notes taken by the Project Superintendent or other person
designated to make the investigation and report.
i) As soon as Gilbane can release the area from the above constraint, contractors
concerned will clean-up and make repairs to return to a normal situation.
e. Property Damage Accidents
1) The following procedures are established in the event of an accident involving property
damage.
a) Gilbane is to be notified as soon as this can be done without delaying efforts to
prevent further damage. He will then take appropriate action and direct other
personnel to assist as necessary.
b) Efforts shall be taken to protect against further damage where possible.
c) All non-essential personnel shall be removed and/or kept back from the area.
d) No comments shall be made. All inquiries shall be referred Gilbane.
e) No on-site photographs are to be taken without the specific approval of Gilbane
f) Gilbane shall make a full investigation and file an Accident/Injury Report
within twenty-four (24) hours of the occurrence.

State Office Building Renovation 00 73 19-45 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
g) Within the immediate area of the accident scene, nothing is to be disturbed nor
removed after proper evacuation of the injured personnel. Except when
necessary to avoid further injury, equipment will not be moved, or the position
of items, parts, pieces, controls, etc. will not be changed until photographs have
been made and notes taken by Gilbane.
h) As soon as Gilbane can release the area from the above constraint, contractors
concerned will clean-up and make repairs to return to a normal situation.
f. Severe Weather
1) The following procedures are intended to prepare the project site in the event of severe
weather conditions. Since severe weather may be reasonably anticipated to occur
during the duration of the project, yet without significant advance warning, all work
activities and project site conditions must be planned with a concern for emergency
preparations.
a) Each contractor, at the time of mobilization, shall deliver to Gilbane a complete
list of the contractor's supervisors with the complete after hours telephone
numbers. The list shall be kept current and shall be updated accordingly.
b) Each contractor shall insure that his field trailers and his sub-tier contractors'
field trailers are anchored in at least three locations.
c) Upon notification of a Severe Weather Watch by the U. S. Weather Bureau, the
following actions are to be initiated.
d) Each contractor having on-site generators which are fuel-powered are requested
to notify Gilbane of the numbers and wattage. Generators may be needed to
provide temporary power for rescue or clean-up activities.
e) All materials shall be secured to prevent them from becoming air borne during
high winds. Particular attention needs to be given to picking up scrap materials
and hauling or covering trash containers.
f) Crawler and mobile cranes shall have booms lowered at the end of the shift.
Cranes not capable of lowering booms shall be permitted to weather-vane or
free-swing. Check to assure that swinging booms will not contact other objects
such as power lines, structures, etc.
g) Sufficient flashlights, batteries, and bulbs shall be provided to assigned
emergency response personnel. A supply of fresh batteries shall be maintained
at the project for use in an emergency response.
g. Other Major Catastrophe
1) Examples of other major catastrophes include:
a) Major fire.
b) Collapse of large portions of structures or large sections of scaffolds.
c) Heavy damage by wind or floods.
2) The owner’s security or local authorities will be provided with an emergency call list
to summon Gilbane personnel and the contractor's personnel to the site in the event of
a major catastrophe outside working hours, on Saturdays or Sundays, etc. The Gilbane
Project Superintendent or his best qualified alternate will cooperate fully with the
directives of the hospital staff or local emergency authorities in the event of a major
catastrophe. He will take any or all of the following actions as appropriate.
a) Initiate firefighting, tie down building, etc.
b) Call for assistance from outside: fire trucks, ambulances, electricians, life flight

State Office Building Renovation 00 73 19-46 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
helicopters, Civil Defense Support, police.
c) Stop work.
d) Call for site evacuation, to clear site access roads.
e) Issue instructions to supervisors and to others as necessary.
f) Set up security control at the disaster area.
g) Set up communications center in site trailers: radio/telephone.
h) Call in operators for heavy equipment such as front loaders, cranes, etc.
i) Other actions considered necessary in the particular situation.
h. Bomb Threat
1) When a bomb threat is received or if a suspicious article is found, Gilbane will take the
following actions.
a) Work shall be stopped immediately and the project and office shall be
evacuated of all personnel. A count will be made to assure that all are present.
b) Local police, fire or bomb disposal authorities shall be notified. A search of the
premises will be made as directed by appropriate authorities.
c) If a suspicious article is found, DO NOT TOUCH IT, notify the appropriate
authorities.
d) Do not allow anyone except authorized personnel to re-enter the area.
e) If necessary to stop or detour traffic away from the affected area, local police or
flagmen shall be utilized.
f) No comments shall be made. All inquiries shall be referred to Gilbane.
g) No on-site photographs are to be taken without the specific approval of Gilbane
h) Gilbane shall make a full investigation and file a report within twenty-four (24)
hours of the occurrence.
i) If repeated threats occur within a short period of time, Gilbane, will evaluate
the situation and take appropriate action. This action may include shutting
down the project site for that day.
i. Environmental Spill
1) In the event of a spill of environmentally damaging materials, immediate response is
required to prevent or minimize the impact this event will have upon the environment
and the public welfare. All personnel shall continue to observe standard precautions for
handling the materials as detailed in the manufacturer's product Material Safety Data
Sheet (MSDS), including the use of personal protective equipment. Where conditions
warrant, the contractor shall have emergency spill containment supplies available for
immediate use. The following general procedures apply to the immediate response
which must be initiated:
a) Immediately, all personnel in the immediate area of the release shall be alerted
to the hazardous material and the nature of the immediate danger to themselves
and the environment. As soon as possible, Gilbane shall be notified and
requested to initiate emergency containment and clean up procedures.
b) The Local Fire Department shall be notified to mobilize their hazardous
materials response units and shall be given the necessary information regarding
the materials which were released.
c) If safe to do so, every effort shall be made to contain the materials within
berms, by absorbent materials, or through other appropriate means, until proper

State Office Building Renovation 00 73 19-47 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
handling and disposal personnel may be mobilized at the site. Particular
attention needs to be taken to avoid contamination of surface water, storm
sewers, sanitary sewers, ground, plants and animals.
d) All non-essential personnel shall be removed and kept back from the area.
e) No comments shall be made. All inquiries shall be referred to the Project
Manager.
f) No on-site photographs are to be taken without the specific approval of the
Project Manager and the Project Superintendent.
g) Gilbane shall make a full investigation and file an Accident/Injury Report
within twenty-four (24) hours of the occurrence.
h) Within the immediate area of the accident scene, nothing is to be disturbed nor
removed after proper evacuation of the injured personnel. Except when
necessary to avoid further injury, equipment will not be moved, or the position
of items, parts, pieces, controls, etc. will not be changed until photographs have
been made and notes taken by the Project Superintendent or other person
designated to make the investigation and report.
i) Purchasing shall be notified to initiate the response of available environmental
remediation contractors who are under standby contract.
j) As soon as the site has been cleared by the environmental remediation
contractor, the Project Superintendent will release the area for contractors
concerned to clean-up and make necessary repairs to return to a normal
situation.
j. Public Demonstrations
1) When a public demonstration is expected or occurs, Gilbane will take the following
actions.
a) Work on the project site shall continue where not encumbered by the public
demonstration; however work in the immediate area shall be stopped and all
project employees shall be evacuated. A count will be made to assure that all
are present.
b) Local police shall be notified, and all employees shall cooperate fully with the
law enforcement authorities.
c) Do not allow anyone except authorized personnel to enter the project site. All
visitor passes are revoked and all visitors shall be escorted from the project site.
d) If necessary to stop or detour traffic away from the affected area, local police or
flagmen shall be utilized.
e) No comments shall be made. All inquiries shall be referred to the Project
Manager.
f) No on-site photographs are to be taken without the specific approval of
Gilbane.
g) Gilbane shall make a full investigation and file a report within twenty-four (24)
hours of the occurrence.
h) If repeated public demonstrations occur within a short period of time, Gilbane
will evaluate the situation and take appropriate action. This action may include
shutting down the project site for that day or obtaining a judicial restraining
order.

State Office Building Renovation 00 73 19-48 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
17. Environmental - Asbestos
a. Occupational Safety and Health Administration (OSHA) regulations have been promulgated
to protect workers from exposure to airborne asbestos fibers. Under the Asbestos Control
and Licensing Act, a contractor must be licensed by the Department of Labor and the State
in which the work is being performed in order to remove asbestos.
b. Notification - Before starting asbestos removal work, the United States Environmental
Protection Agency (USEPA) and the Local Department of Environmental Management must
be notified in writing by the contractor and appropriate permits must be on file. Gilbane
and/or its agent will verify this information by way of contract requirements.
c. Training - Employees of the contractor must be appropriately trained and licensed prior to
the removal of any asbestos contaminated material. Any contractor’s employees who may be
exposed to Asbestos must be trained in the recognition of hazards and appropriate controls.
d. Posting - The asbestos material removal area shall be cordoned-off to discourage entry.
Appropriately worded caution signs must be posted at all approaches to the area at such
interval to allow individuals to take any necessary protective steps before entering the
removal area.
e. Asbestos Handling - The encapsulation, removal and/or disposal of ACM shall be
performed by a Contractor licensed to do such work in which the work is being performed
and in accordance with all applicable Federal, State and Local Regulations per approved
abatement plans.
f. Work Practices - Asbestos containing materials shall be worked in a wet state sufficient to
prevent the emission of airborne fibers in excess of the permissible exposure limits. Work
areas are to be adequately protected, through appropriate type enclosures, so as to ensure that
no asbestos contaminated material will be permitted to leave the controlled area.
g. Personal Protective Equipment - In instances where re-usable clothing is used, the
following precautions must be followed:
1) Contaminated clothes must be appropriately bagged and labeled. Notification and
transportation to authorized laundries and haulers.
2) All employees working in asbestos removal areas shall wear appropriate personal
protective equipment.
h. Cleanup - There shall be no dry sweeping of asbestos material. Use floor coverings to
prevent debris from falling to lower floors and to speed up house-keeping.
1) Labeling and Waste Disposal - Appropriately worded labels must be affixed to all
materials, waste, debris, etc., containing asbestos friable materials. Asbestos waste
and/or asbestos contaminated material must be collected and discarded in sealed,
labeled, impervious containers by contractor.
2) The following label content is acceptable to both the EPA and OSHA:
CAUTION
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
BREATHING ASBESTOS DUST MAY
CAUSE SERIOUS BODILY HARM
i. If applicable, Gilbane shall be provided with copies of all air monitoring reports and certified
disposal receipts prior to final payment.

State Office Building Renovation 00 73 19-49 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
18. Environmental – Lead
a. Lead Painted Components
In keeping with the requirements of the Occupational Safety & Health Administration’s
(OSHA’s) Lead Exposure in the Construction Industry Standard (29 CFR 1926.62),
every painted surface shall be considered a potential lead hazard.
A potential source of lead emission is the disturbing of painted surfaces of structures and
components within these facilities. Typical activities that would significantly disturb a
painted surface include the following:
a) Removal of all or part of the paint by hand or power tools
b) Removal of all or part of the paint by blast cleaning
c) Removal of all or part of the paint by other means such as the use of chemical
strippers or a heat gun
d) Structural work to the surface such as welding, burning, cutting, or drilling
e) Manual demolition of buildings, portions of buildings, or the building
components.
1) The primary consideration when specifying work methods shall be the requirement to
protect workers from exposure to lead above the Permissible Exposure Limit (PEL).
Further considerations when specifying work methods shall be the effort to reduce the
release of lead into the air, water and soil, and to reduce to a minimum the generation
of debris.
2) At all times when activities which disturb paint are in process, the Site competent
person for lead shall have unrestricted access to the work area for inspection, and shall
have the authority to stop work when the control measures being utilized are not as
specified in this section or the OSHA Standard, if the control measures are not
adequately controlling exposures or if other hazards are identified which require work
to be stopped.
3) All air monitoring conducted by the Site competent person for lead or other qualified
representative shall be performed in accordance with the OSHA Standard.
4) Detailed and accurate records of all monitoring and other relevant data used in
conducting employee exposure assessments shall be kept and maintained in accordance
with the applicable OSHA Standard.
5) Signs shall be posted in each work area where work on painted surfaces disturbs the
paint in such a way so as to expose personnel to lead contaminated dust, debris, or lead
fumes. At minimum they shall read:
WARNING
LEAD WORK AREA
POISON
NO SMOKING OR EATING
6) All worker protection requirements will, at minimum, meet the current OSHA
Standard. These requirements include but are not limited to:
a) Signage, Barriers & Access
b) Exposure Monitoring
c) Respiratory Protection
d) Medical Surveillance & Records
e) Education & Training

State Office Building Renovation 00 73 19-50 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
f) Decontamination & Clearance
7) All work involving lead removal or re-coating shall be conducted in a manner that
minimizes the release of lead and lead containing materials into the air, water, and soil.
8) All lead-containing hazardous wastes that are generated shall be contained, collected,
segregated, labeled and held at a location designated or approved by the Owner or
Gilbane pending the appropriate disposition.
9) Contractor shall provide for proper disposal of waste, including EPA identification
number, notification, certification, manifest, etc.
a) All waste containers must be leak proof and capable of being securely covered.
b) All waste containers shall be clearly labeled with weather resistant labels using
indelible ink to identify the type of waste they contain.
19. Environmental - On-site Hazards
a. Material that is designated as a hazardous substance requires special attention by the
Contractor and workers to minimize the exposure. A plan addressing the proper handling,
storage and disposal of hazardous material must be developed. Gilbane Building Company
and the Owner must be immediately notified of any hazardous material leak or spill. Any
Contractor-caused oil spills must be reported immediately to Gilbane Building Company.
20. Environmental - Silica
a. Contractors shall submit their silica protection program for review by Gilbane Building
Company prior to the pre-construction conference. As a minimum the contractor’s silica
protection program shall comply with OSHA regulations and shall address the following
items:
1) Statement of the contractor's commitment to prevent silicosis and to comply with
OSHA's standards.
2) Description of air monitoring to determine the silica levels generated by tasks to
provide a basis for:
a) Selecting engineering controls,
b) Selecting respiratory protection,
c) Selecting work practices to reduce dust, and
d) Determining if a medical surveillance program is necessary.
3) Description of engineering controls which are proposed for the project to eliminate or
reduce the amount of silica in the air and the build-up of dust on equipment and
surfaces.
4) Description of less hazardous materials than crystalline silica which are proposed for
abrasive blasting and automatic blast cleaning machines or tools to be utilized.
5) Description of high-efficiency particulate air filter vacuums to be used by employees
and work practices to vacuum, hose down, or wet clean work areas and equipment.
6) Description of warning signs and other barriers proposed to identify work areas where
respirable silica may be present and to limit access to only authorized employees.
7) Description of personal protective equipment and clothing to be provided to employees
and changing facilities if necessitated by the level of silica dust exposure.
8) Certification of training provided to employees about health effects of silica exposure,
engineering controls and work practices that reduce dust, the importance of
maintenance and good housekeeping, as well as the proper type and fitting of
respirators; and include a statement that the employee is or is not enrolled in a medical

State Office Building Renovation 00 73 19-51 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
surveillance program.

21. Environmental - Powered Equipment inside enclosed structures


a. If internal combustion engines are used on powered equipment in enclosed areas, the
contractor is responsible for monitoring the quality of breathing air for harmful contaminants
and adequate oxygen and is responsible for providing adequate ventilation.
22. Excavation
a. The contractor must designate a competent person trained in soil classification and the
recognition of trenching and excavation hazards. This person must be on-site when
excavating or trenching is being done.
b. Appropriate documentation to meet the OSHA trenching and excavation standards is to be
maintained on site.
c. Where protective systems as defined in 29 CFR 1826.650-652 are designed by a licensed
Professional Engineer, who is not a regular Gilbane employee, the resulting design
documents must be reviewed by Gilbane prior to the commencement of the work to assure
that the documents set forth the accurate and complete assumptions (as set forth in the
current, applicable contract specifications) upon which the design is based.
d. Prior to opening any excavation or trench an excavation inspection form from Gilbane is
required (Appendix I). Contractor shall notify necessary personnel to determine whether
under-ground installations; i.e. sewer, telephone, fuel, electric lines, etc., may be
encountered and where they are located. Excavation permits shall be required on a daily
basis while the excavation is open.
e. Trenches 4 feet and over in depth or presenting a hazard to the worker shall be shored or
walls cut back to protect employees from cave-in.
f. All trenches and excavations shall be properly barricaded to prevent persons from walking
into them.
g. When an excavation will remain open longer than one work shift, a barrier sufficient to
protect people from falling into the excavation or erected at a minimum of 6-feet from the
excavation in order to warn of the fall hazard must be erected and maintained for the time
duration that the excavation remains open.
h. Excavation contractors will provide a spill kit for use on site in the event of a hazardous
material spill.
i. Drilled caissons will have fall protection provided both during and upon completion of the
drilling by use of personal fall protection, guardrails or use of casing extending a minimum
of 42 inches above the ground.
23. Eye and Face Protection
a. Appropriate eye protection meeting the requirements of ANSI Z87 (most recent version)
with side shields are required to be worn in a manner to protect the eyes while in
construction areas at all times.
b. In addition, approved eye and face protection is required as follows:
1) Goggles, welding hoods and shields, or face shields will be required to be properly
worn at all times when in the area of operations, such as when welding, burning,
grinding, chipping, chemical handling, corrosive liquids or molten materials, drilling,
sawing, driving nails, power actuated tools, concrete pouring, tampers and gasoline
fueled hand operated equipment (i.e. chain saws). This section will also apply to those

State Office Building Renovation 00 73 19-52 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
employees of Contractors who are assisting any worker as an apprentice or helper.
c. Prescription glasses must meet the requirements of ANSI Z87 (most recent version), or be
covered with over-the-glass safety glasses or face shield.
d. Safety glasses with dark lenses are not allowed for work in low-light environments; clear or
yellow-tinted lenses must be provided.
24. Fire Protection
a. Contractor shall be responsible for fire protection in its work and operational areas,
including offices, tool rooms, and storage areas twenty four (24) hours per day, seven days
per week through the duration of this Contract.
b. Appropriate fire suppression equipment, as required by OSHA and the local fire protection
code, must be provided by the contractor.
c. A fire watch and at least one fire extinguisher of appropriate size & type will be provided by
the contractor for all Hot Work Operations.
d. Only safety containers approved by UL and the local Fire Marshall, and properly labeled as
to their contents, are to be used for handling and/or storage of flammable liquids in
quantities more than one gallon.
e. Hot work permits are required from Gilbane before starting any activities which create fire,
sparks, cinders, slag, etc. See Appendix E.
f. All tarpaulins and plastic used for temporary covers shall be of fire resistant manufacture.
g. Standpipes
1) Fire Protection Standpipes shall be installed in accordance with NFPA 241, International
Fire code-1413, International Building Code-3311 and OSHA, including but limited to:
i. At least one standpipe shall be installed in buildings four or more stories in
height, and shall be installed where the progress of the building is not more than
40 ft in height above the lowest level of fire department access.
ii. During construction, the standpipe installation shall be installed so that it is never
more than one floor below the floor having secured decking or flooring.
iii. Standpipes shall be provided with fire department hose connections at accessible
locations to usable stairs.
iv. Standpipes shall be installed and maintained so that they are always ready for
use.
v. For building under demolition, standpipes shall not be demolished more than one
floor below the floor being demolished, and shall be maintained in an operable
condition for use by the fire department.
25. Hand Protection
a. General requirements. Employers shall select and require employees to use appropriate hand
protection when employees' hands are exposed to hazards such as those from skin absorption
of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical
burns; thermal burns; and harmful temperature extremes. All gloves shall have a minimum
ASTM/ISEA/ANSI Level 4 cut resistance.
b. Selection. Employers shall base the selection of the appropriate hand protection on an
evaluation of the performance characteristics of the hand protection relative to the task(s) to
be performed, conditions present, duration of use, and the hazards and potential hazards
identified. All gloves shall have a minimum ASTM/ISEA/ANSI Level 4 cut resistance.
c. Use. Unless the use of gloves is specifically advised against by the tool manufacturer (i.e.

State Office Building Renovation 00 73 19-53 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
table saws, lathes), gloves will be required 100% of the time while on-site.
d. Knife use and protection – trades shall try to reduce their reliance on knife use. Identifying
the proper tool for the job is fundamental to safety. If trades discover through the pre-task
planning process that knives are the safest choice then a knife permit may be issued. Sample
of knife permit is in Appendix P.
e. Refer to Appendix L – Hand Protection Reference for additional information.

26. Hazard Communication program


a. The Occupational Safety and Health Act (OSHA) requires that each employee potentially
exposed to hazardous chemicals be advised of the potential hazards and how to guard against
those hazards. Each contractor whose employees are potentially exposed to hazardous
chemicals must develop a list (Hazardous Materials Inventory) of all such chemicals used on
the project; gather material safety data sheets (SDSs) for those materials; develop a labeling
system for all materials; and train all potentially exposed personnel in the hazards and their
controls for all listed compounds. These steps are outlined in detail in the following material.
Employee training for this requirement will be documented and acknowledged by signatures
following each session using the acknowledgment statement found at the end of this section.
1) Safety Data Sheets (SDS)
a) Every contractor will be responsible for development and maintenance of a list
of hazardous chemicals utilized within the project operations and will be further
responsible for obtaining and maintaining SDSs for all such hazardous
chemicals. Employees will be allowed access to this information and the
specific SDSs for chemicals utilized in their work areas. All questions relating
to the program should be directed to the contractor's superintendent or safety
representative. A copy of each SDS will be delivered to Gilbane prior to work
starting involving that substance.
2) Employee Information and Training
a) All new and present employees will be given information regarding the
requirements of the Chemical Hazard Communication Program; the hazardous
chemicals present in their work place; and the physical and health risks of these
chemicals. This requirement may be met through orientation sessions for new
employees and refreshers for everyone during toolbox talks. The information
and training will also include the following elements:
i. The symptoms of overexposure to the chemicals.
ii. How to determine the hazardous presence or release of a chemical in the
work place.
iii. Methods to reduce or prevent the exposure to hazardous chemicals, such
as control procedures, work practices, or personal protective equipment.
iv. Procedures to follow in the event of an exposure to hazardous chemicals.
The location of the log containing the SDSs which apply to their work
place and the location of the written Chemical Hazard Communication
Program.
v. How to review SDSs to obtain the hazard information for the chemical,
and how to read the labels which are required on the chemical containers.
When a new hazardous chemical is obtained for use, each employee who
could be exposed will be given the information and training as described
above, and a copy of the SDSs for the chemical will be obtained and
distributed to those who actually use the chemical in the work place. The

State Office Building Renovation 00 73 19-54 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
SDSs will be available to all employees during each work shift.
3) Proper disposal procedures of waste materials shall be enforced. Labeling of waste
containers and disposal of all hazardous materials by a licensed disposal facility is
required.
4) Container Labeling
a) All chemical containers at the site must be clearly labeled as to the contents, the
hazards involved, and the name and address of the manufacturer. All secondary
containers of hazardous chemicals are to be clearly labeled with the same
information as the original container. Each contractor's superintendent or safety
representative shall perform the above responsibilities for all their materials.
5) Hazardous Non-Routine Tasks and Nearby Work
a) In the event an employee is assigned to perform, or is assigned to work in an
area where a hazardous task, non-routine to their work, the employee will be
given the additional information and training related to the hazardous chemicals
which may be encountered in the non-routine task. This information and
training will be provided by the first-line foreman, contractor superintendent, or
contractor safety representative. The information will include the specific
chemical hazards of the task, the controls and required protective measures, the
types of personal protective equipment required, how to use the equipment, the
nature of other work being performed in or near the non-routine task, and what
emergency procedures are involved with the task.
6) Demolition
a) To the best of the Owner's knowledge, there is no asbestos, lead,
polychlorinated biphenyl (PCB), or hazardous materials anywhere in the
designated work areas. AIA-A201 Subparagraph 10.1.2 applies: Contractor
shall stop the Work if material reasonably believed to be asbestos, lead,
polychlorinated biphenyl (PCB), or hazardous materials is encountered in the
Work area.
7) Chemicals in Unlabeled Pipes, Vessels and Containers
a) To ensure that employees who work on unlabeled pipes, vessels or containers
have been informed as to the hazardous materials contained within, the
following policy has been established: Prior to starting work on unlabeled
pipes, vessels or containers, employees are to contact their foreman for the
following information:
i. Type of chemical in the pipe, vessel or container.
ii. Potential hazards.
iii. Safety precautions which should be taken.
8) Audit and Review
a) It will be the responsibility of each contractor's superintendent and safety
representative to review the entire Hazard Communication Program, and to
revise and update the material contained herein to reflect all changes in the
purchase, use, storage, and handling of hazardous chemicals at the project site.
It will be the further responsibility of the superintendent and safety
representative to periodically audit that procedures in the use of the hazardous
chemicals meet the requirements as set forth in the SDSs.

State Office Building Renovation 00 73 19-55 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
27. Activity Hazard Analysis
a. Prior to beginning work, each contractor shall prepare an activity hazard analysis that
defines the activities to be performed and identifies the sequence of the work, the specific
hazards, and the methods to be used to eliminate or minimize each hazard. The hazard
analysis shall be submitted prior to, and will be reviewed during the pre-construction
meeting by Gilbane, and the contractor’s supervisors and safety representative. The hazard
analysis shall be written in a form acceptable to Gilbane.
b. Hazard Analysis shall be done when the scope of the work or conditions change.
c. Each Contractor Foreman will inform their work crew of the Hazard Analysis for their work
activity each day prior to start of work or when conditions change.
d. Each contractor shall submit for review by Gilbane a site specific safety program and Illness
and Injury Prevention Program which addresses all the elements of this safety plan as they
will be implemented by the contractor, its contractors, vendors and suppliers. The hazard
analysis will be included as an appendix to the contractor’s site specific safety program.
e. See Appendices A and B for Hazard Analysis and Daily Job Hazard Analysis.

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

State Office Building Renovation 00 73 19-56 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
and safe work practices. Individuals and crews will be recognized and rewarded for
performing above and beyond project requirements.
30. Inspection and Auditing
a. Purpose and Scope
1) To establish a basic inspection/audit program for the elimination of unsafe practices by
employees and to establish a hazard free work environment for all employees on the
project.
b. Objectives
1) To reaffirm the Trade Contractor's basic responsibility for the actions of the employees
as originally assigned under the General Provision of the Occupational Safety and
Health Act of 1970 (revised). The exercise of these responsibilities by all project trade
contractors will be the effective deterrent to accidents arising from unsafe practices and
physical conditions, that will materially enhance the construction efficiency of this
project.
c. Procedures
1) Control will be achieved only when each trade contractor fulfills their contractual and
statutory responsibilities and applies all practical steps to maintain safe and healthful
work practices and conditions.
2) Project Controls
a) Continued monitoring/audit of the performance of the Contractor and their
supervision under this section will be made by Gilbane. Contractors will be
notified of any unsafe practices observed. The Contractor's safety supervisor,
the Project Safety representative and the Construction Manager's field staff
shall utilize the "Construction Safety Survey".
b) Supervisory Control
i. Contractor - Each Contractor will be responsible for conducting
continuous daily surveys of their operations to insure they are aware of
the probable sources of potential injury or loss due to unsafe acts of
procedures.
ii. Planning - Contractors must extensively plan the procedures to be
followed for each operation using Hazard Analysis procedures and
submit such plans to Gilbane. Personnel chosen to perform any such
planned operation shall be thoroughly briefed in all aspects of the
procedure, including emergency actions to be taken in the event of a
mishap.
iii. Inspections - In addition to inspections conducted by Gilbane, Insurance
Representatives, and each Contractor, construction activities are subject
to periodic inspection by OSHA Compliance Officers.
iv. Each Contractor is required to notify Gilbane in writing prior to
starting work if they, by their Company policy, they will require a
warrant for OSHA to inspect their work. Gilbane does not require a
warrant.
v. Contractors shall forward copies of any and all inspection reports and/or
citations received by the Contractor from OSHA to Gilbane. All
information will remain confidential.
vi. In the event an OSHA Compliance Officer visits the site, he/she will be

State Office Building Renovation 00 73 19-57 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
directed to the Gilbane office. The appropriate Contractors will then be
notified so that an Opening Conference may be conducted. Gilbane will
organize an inspection party, consisting of both employer and employee
representatives.
vii. Notification of Hazards - Each Contractor shall notify Gilbane verbally
or in writing of the existence of any hazardous conditions, property, or
equipment at the work site which are not under the Contractor's control.
However, it is the Contractor's responsibility to take all necessary
precautions against injury until corrected by the responsible party.
viii. Equipment and Facilities - All Contractors operating equipment and
facilities used shall be, inspected, and maintained as directed by this
manual; as dictated by the applicable Federal and State safety and health
regulations. In the event of conflict, the more stringent requirement will
take precedence.
31. Interim Life Safety Matters for Occupied Facilities
a. Specific Measures
1) Whenever construction affects the facility's ability to accommodate occupants (either
because of disruption of services, interruption of normal operations, or when hazards
are present), it will become necessary to implement interim life safety measures, as
follows:
a) Ensure that all exits are clear. This includes areas directly affected as well as
all other exits.
b) Ensure that there is free access to emergency services, that vehicles, material,
etc. are not blocking the access route. Fire lanes are to be kept free of all
objects.
c) Disabling of fire protection systems. A small disaster could escalate if the fire
protection system is not functional. Care should be given to provide an alternate
system while the primary system is off-line (post fire watch). This includes
scheduled maintenance, upgrade, repairs, or adding of coverage resulting in
disabling system, and disabling system to allow maintenance or repairs to be
completed on other systems (e.g. hot work).
d) Fire alarm, detection, and suppression systems must not be impaired. A
temporary (but equivalent) system shall be used if the system is impaired.
These temporary systems must be tested monthly.
e) Temporary construction partitions shall be smoke-tight and noncombustible.
Adequate signage shall discourage casual observers from opening or entering
the partitions.
f) Additional (double) fire-fighting equipment must be provided, as well as
personnel trained in its use.
g) Smoking is prohibited on campus, in and adjacent to all construction areas.
Strict enforcement must occur.
h) Construction site shall be kept clean and orderly. This includes material piles,
debris, platforms, and break areas.
i) Hazard surveillance of sites shall be increased and documented. Attention is to
be given to evacuation routes, construction areas, storage, office/lunch areas,
and fuel storage.

State Office Building Renovation 00 73 19-58 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
j) Whenever the safety of adjacent areas is compromised because of construction,
staff shall be informed. Alternate exit routes shall be identified.
k) Facility-wide education programs are conducted explaining interim life safety
matters and current life safety deficiencies.
l) The construction site must be restricted from all but authorized staff. Adequate
signage shall be provided.
m) Alternate access must be provided for public and emergency traffic whenever
disruption occurs.
n) Policy and procedures must ensure that roads and pathways are clear of mud,
debris, materials, etc.
o) Proper notification must be made to local authorities (fire, police, other)
whenever life safety is diminished.
p) Governing body shall be kept apprised of status of life safety during project.
q) Construction workers must be made aware of egress routes.
r) Construction workers’ egress routes must be inspected daily to ensure no
obstacles.
s) Effective storage, housekeeping, and debris-removal policies and procedures
must be in place to reduce collection of combustibles in construction areas.
t) Whenever fire zones are altered, the owner’s staff will be informed in regard to
new or different life safety measures regarding their changed compartmentation
and fire safety.
32. Ladders
a. Portable metal ladders shall not be used.
b. Stairs or stair-towers are required as the primary means to access floors, roofs and elevated
landings. Manufactured stairs, job built wood stairs temporary stair towers, or permanent
stairs shall be provided for worker access. Stairs shall be equipped with required treads, stair
rails and guardrails at intermediate landings, as well as at the slope, width, and landings, in
accordance with applicable OSHA regulations and Building codes.
c. Traditional A frame stepladders or extension ladders shall not be used as work platforms.
d. Only podium or ladders maybe used to complete work and may require a ladder permit. See
Appendix O.
e. The use of mobile scaffolds, and aerial and scissor lifts is preferred
f. Ladders shall be inspected daily and before each use.
g. Manufactured ladders on the project shall comply with the regulations of ANSI-A14.1-1968
(or most recent version), Safety Code for Portable Wood Ladders or ANSI-A14.2-1972 (or
most recent version), as required by OSHA. All ladders shall be used in the manner and for
the purposes for which they were designed and constructed.
h. The side rails or extension shall extend 36 inches above the landing. When this is not
possible, grab rails shall be installed. All ladders in use shall be tied, blocked, stabilized by a
second worker or otherwise secured to prevent accidental displacement.
i. When working on/from a ladder at elevations greater than six (6') feet or more above the
work surface, all ladders must be tied, blocked, stabilized by a second worker or otherwise
secured against accidental displacement. Where adequate anchorages are available, workers
shall tie off using a Personal Fall Arrest System or utilize a different means of gaining access
(i.e., scissor lift, scaffold, etc.).

State Office Building Renovation 00 73 19-59 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
33. Line Break
a. Policy - Any entry into an operating Process System under installation, testing, or operating
conditions is subject to the procedures for “line breaking”. Utilize double block and bleed
method.
b. All employees are to be informed of the inherent dangers of working on operating process
systems.
c. Entries can be made only with approval of the Owner and Gilbane Building Company.
d. Added hazard potential exists when cooling occurs, vacuums which may be holding liquids
in pockets often break without warning and liquid is released to run to the lowest point.
Plugs (particularly solidified process materials) can move and release materials after the first
connection has been broken.
e. The Owner and Gilbane must agree on the location of first breaks
f. All systems must be considered as having the potential to discharge contained
energy/material from open ends of lines or broken flanges at any time even after the line has
been drained and vented.
1) Cautions
a) No Contractor may enter an operating piping system or equipment until the
requirements of this procedure are met. Systems activated for testing purposes
fall under this procedure.
b) Under no circumstances will any line/system be violated other than via the lock
and tag procedure.
34. Lockout/Tagout Procedures
a. The contractor must adhere and strictly follow either the Project Lockout and Tagout
requirements, the owner’s requirements or the contractors own requirements, whichever is
the most stringent.
b. A Lock Out/Tag Out (LOTO) meeting will be conducted prior to initiating activities that will
require LOTO. At this meeting, the contractor shall provide to Gilbane Superintendent for
review, the contractor’s project-specific Lock out Tag out program, including providing
samples of the locks and tags to be used, a list of authorized employees that will be applying
their locks and tags
c. Electrical work (e.g. tie-ins, panel maintenance) shall be conducted only on de-energized
(locked out and tagged out) systems. All circuit disconnects must be placed in an
electrically safe work condition, (i.e. zero energy state’), including being locked in the open
position and or otherwise appropriately identified with affixed tags stating "DANGER - DO
NOT ENERGIZE" or other equivalent wording, and tested, and grounded (if applicable)
prior to working on the system or equipment.
d. For non-electric work including, but not limited to, pneumatic, hydraulic, kinetic or other
energy, the contractor planning to work on the system must dissipate or restrain stored
energy, (such as from springs, elevated machine members, rotating flywheels, hydraulic
systems, and air, gas, steam and water pressure) by methods such as blocking, bleeding, de-
pressurizing, etc, prior to working on the system or equipment.
e. Employees are not permitted to work on any energized circuits unless de-energizing
introduces additional or increased hazards (examples include interruption of life support
equipment, deactivation of emergency alarm systems, shutdown of hazardous location
ventilation equipment, of life support systems, OR de-energizing is not possible, due to
equipment design or operational limitations (examples include start-up or trouble-shooting

State Office Building Renovation 00 73 19-60 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
diagnostics and testing.
f. Notification for energized work must be made to the Gilbane Division Safety manager. The
pre-task planning and justification for all work on Energized systems must be submitted for
review and signature by Owner, Gilbane Division Safety manager and Electrical Supervisor
on the Energized Electric Work Authorization Permit. Safety representatives from each
contractor involved in energized electrical Work request must participate in this pre-task
planning. Additionally, work practices must conform to all applicable owner, state and
federal requirements including the NEC and the most recent version of NFPA 70E.
g. If energized electric work is anticipated, the contractor’s qualified Supervisor shall identify
to Gilbane - and have on site - the appropriate Personal Protective Equipment (based on the
contractor’s calculated incident energy from their flash hazard analysis) based on the
designated Hazard Risk Category - and in accordance with arc flash warning labels on
electrical equipment - in accordance with NEC and NFPA 70E requirements.
h. Lockout devices.
1) Only individually keyed padlocks shall be used. Padlocks are to be painted per the craft
color code for easier detection and craft identification. A lockout device of the
standard scissor type that will allow the placing of more than one padlock is required,
when more than one craft is working on a circuit or mechanical process. A piece of
chain or cable may be necessary to complete a lockout on some valves or controls and
shall be used wherever needed.
2) Danger Tags.
a) Danger tags are not danger signs and shall not be used where a sign is needed.
b) Two standardized danger tags shall be used on this project.
1. “DANGER – DO NOT USE.” This tag must be attached to each padlock
on a lockout.
2. “UNSAFE – DO NOT USE.” This tag does not require an attachment to
a padlock, but may be used if needed. This tag shall be used to identify
tools, equipment, vehicles, etc.
35. Masonry
a. In addition to the requirements contained in OSHA 29 CFR 1926. 706, the following is
required:
1) A person, appointed by the Masonry Contractor, who meets the OSHA definition of
Qualified Person, will prepare a Hazard Analysis with recognition of the updated
OSHA regulation for silica dust. The Hazard analysis will be reviewed with the
Gilbane Project Safety Manager and Gilbane Project Superintendent prior to start of
work.
2) The Mason’s qualified person shall approve all changes in the Hazard Analysis.
3) A copy of the Hazard Analysis shall be maintained at the project site showing all
approved changes with a copy provided to Gilbane.
4) The implementation of the Hazard Analysis shall be by a person appointed by the
Masonry contractor who meets the OSHA definition of Competent.
5) The Hazard Analysis shall be reviewed with each person working on the masonry wall
each day prior to starting work.
6) A safe means of access to the level being worked shall be maintained.
7) There shall be protection provided to prevent tools and material from striking any

State Office Building Renovation 00 73 19-61 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
person below the work/storage level.
8) A tag line shall be used to control all loads.
9) When loads are being hoisted, all personnel are to be prevented from walking under the
load.
10) No one shall be permitted to ride a load under any circumstances.
11) A measuring device to accurately determine wind speed shall be provided by the
masonry contractor with observations made available to Gilbane upon request.
b. Masonry Wall Bracing
1) The masonry contractor shall provide to Gilbane a design, prepared by a Professional
Engineer, meeting the requirements of OSHA 29 CFR 1926.706 (b) and the Standard
Practice for Bracing Masonry Walls under Construction as developed by the Council
for Masonry Wall Bracing.
2) No one shall be permitted within the limited access zone of an unbraced or braced wall
subjected to winds of more than 35 mph (20 mph if during the initial period of
construction).
3) A DANGER sign shall be placed on every unsupported masonry wall that is more than
6 feet in height, braced or unbraced, and 50 feet or less in length. The sign shall be
placed at each end of the wall and at intervals of not more than 100 feet along each
side of the wall. The sign shall contain the words DANGER and THIS
UNSUPPORTED WALL IS UNSTABLE IN WINDY CONDITIONS.
c. Fall Protection (See Elevated Work - Fall Protection)
1) All employees engaged in masonry work, including overhand laying or any other
activity that exposes them to a fall of 6 feet or greater shall be provided with and use
fall protection. This protection shall be either a personal fall arrest system consisting of
a full-body harness, double, shock-absorbing lanyard, and anchorage or a safety net or
a guardrail. “Controlled Access Zones” are not permitted.
2) Fall protection requirements shall be rigorously enforced with any observed violation
cause for removal from the project.
3) Body belts are not permitted as part of a fall restraint system. Only full body harnesses
will be used as part of a personal fall arrest system.
d. Perimeter Protection
1) A guardrail system will be constructed in accordance with OSHA 29 CFR 1926.500.
Or alternative fall protection consisting of safety nets or personal fall arrest equipment
provided.
36. Meeting - Pre-construction
a. The Contractor, before starting work at the project site, shall attend a pre-construction
“award” meeting with Gilbane to understand the project conditions and safety requirements.
b. A project site tour shall be made to confirm the Contractor's awareness of potential safety
hazards.
c. The contractor to assure a safe work place shall provide appropriate methods, equipment,
devices and material.
d. The Contractor shall provide or develop his own project specific safety program and submit
it to Gilbane for review prior to starting work at the project site.
e. Such review shall not relieve the Contractor of responsibility for safety, nor shall such
reviews be construed as limiting in any manner.

State Office Building Renovation 00 73 19-62 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
f. It is the Contractor's obligation to undertake any action, which may be required to establish
and maintain safe working conditions at the project site.
37. Meetings
a. A project start safety conference will be held with the superintendent(s), safety coordinator
and Foremen of each new Contractor prior to coming on the site.
b. Gilbane will issue the project start package information and we will issue special instructions
to the Contractors in support of the Safety Plan when needed.
c. Gilbane will conduct regularly scheduled meetings with the Supervisors of new Contractors
coming on the site and explain safety goals, contents of this manual and otherwise provide
site orientation, safety activities and information. All Supervisors will be required to attend
this orientation after coming on the site.
d. Contractor meetings will be held as necessary and as directed by Gilbane. All Contractors
actually working on the Project will have a representative at the safety meeting to maintain
all safety requirements for their trade.
e. Gilbane will conduct safety meetings on a regularly scheduled basis. Minutes of the meeting
will be a topic of all scheduling and progress meetings.
f. All Contractors are required to hold weekly 10-15 minute "Tool Box" safety meetings for
all employees. Topics related to work assigned, and current safety problems will be
discussed. Monthly meetings for supervisory and clerical employees will be held. Gilbane
may monitor these "Tool Box" meetings through personal attendance or by reviewing a copy
of the meeting report.
g. Prior to starting any major operation, which would involve locking/tagging procedures, a
meeting must be set up involving Gilbane, and every Contractor Superintendent and every
Contractor Safety representative affected by the work.
38. Motor Vehicles and Equipment
a. All equipment must have documented daily inspections before use by Contractor's operator.
Documented and complete inspections must also be made by Contractor at 30 day intervals
with proper documentation maintained at the project site by Contractor and copies shall be
made available to Gilbane upon request.
b. Defective equipment shall be red-tagged first, then repaired or removed from service
immediately.
c. All Contractors’ operators of construction equipment should be properly licensed and
certified by a competent person. Copies of the certifications shall be maintained on project
site by Contractor and made available to Gilbane upon request.
d. Vehicles used to transport employees shall have seats firmly secured and adequate for the
number of employees to be carried and all passengers shall be properly seated with seat-belt
used. Standing/kneeling on the back of moving vehicles is prohibited.
e. Locations for storage of all fuels, lubricants, starting fluids, etc., shall be reviewed by
Gilbane prior to use by Contractor for storage and shall conform to the requirements of the
NFPA as well as the local Fire Marshal.
f. Where required, contractors shall provide equipment diapers to protect from environmental
spills.
g. Drivers of motor vehicles shall have a valid state drivers license (CDL when applicable) and
be instructed to exercise judgment as well as observe posted speed limits.
h. All contractors’ means of ingress and egress shall be adequately marked and kept clear of

State Office Building Renovation 00 73 19-63 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
stored material, debris and equipment.
i. Pedestrians always have right-of-way over motorized traffic.
j. Horns shall be sounded at blind corners, when passing, and/or for warning.
k. Established hand signals or turn signals are to be used.
l. Reckless driving or other non-observance of these instructions will be cause for withdrawal
of driving privileges on the project.
m. Any ATVs used on the project shall be "four"- wheeled, not three-wheeled.
n. If required, all vehicles permitted access to the site must display an appropriate vehicle
identification badge from the rear view mirror or other conspicuous location at all times
while on the project.
o. Seat belts shall be worn by all employees operating motor vehicles and any equipment with
rollover protection structures during performance of work.
p. Properly trained and equipped flag persons shall be used whenever construction traffic
accesses or exits from public highways as well as when construction traffic and deliveries
interfere with the planned flow of traffic on public highways.
39. OSHA Required Training
a. Instruction and training of employees is a requirement of OSHA and will be enforced on this
project.
b. Training of contractor personnel is the responsibility of the contractor.
c. All contractor personnel must attend the Gilbane New Employee Orientation prior to their
starting work on their first day on the project.
40. OSHA – Inspection
a. It is Gilbane policy to allow OSHA to conduct an inspection of the project (subject to review
by Gilbane Corporate Legal if necessary). If a contractor wishes to assert their rights under
the U.S. Constitution regarding inspection by OSHA, then the contractor must so notify
OSHA prior to the start of an inspection.
b. Gilbane will accompany the OSHA inspection party at all times and will make arrangements
for the necessary meetings between OSHA, contractors and organized labor representatives
(if any).
c. Contractors will inform Gilbane of the issuance of any OSHA citations and provide a copy
when requested.
41. Powder-Actuated Tools
a. Powder-actuated tools – including driving - when used by the Contractor shall use lead-free
powder loads. Material safety data sheets shall be submitted to Gilbane for verification.
1) Requests for variances to the lead-free requirement must be submitted in writing to
Gilbane and include a copy of all lead dust provisions and controls that will be
implemented in accordance with 29 CFR 1926.62 including but not limited to negative
exposure assessments, respiratory protection, dust controls, housekeeping and training.
42. Precast/Prestressed Concrete
a. Fall Protection for all employees engaged in work with a fall exposure of 6 feet or greater
above a lower level shall be either a guardrail system, a safety net system or personal fall
arrest system. The use of “Safety Monitoring” and “Warning Line System” and “Controlled
Access Zones” are not permitted. Refer to section 12 - Elevated Work Fall Protection in this

State Office Building Renovation 00 73 19-64 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
document for additional requirements.
b. A pre-construction meeting between Gilbane, the Fabricator and the Erector must be held to
discuss the following topics:
1) Sequence of erection;
2) Schedule of delivery by load list;
3) Crane capacities;
4) Crane lift plan with calculations based on load and crane location;
5) Anchor bolt certification;
6) Review of the structural plans and details;
7) Stabilization plans for the structure during all phases of erection;
8) Temporary bracing and guying procedures and equipment for deck members, columns
and wall panels.
c. The Erector is to provide Gilbane the following:
1) Written erection plan prepared by a Company Officer or Professional Engineer
indicating complete details of all phases of erection that shall include at least the
following:
a) Crane lift plans with load calculation based on the cranes to be used and various
setup locations.
b) Written stabilization plans for all phases including the use of temporary guying
and bracing for columns and wall panels.
c) Written documentation of temporary connection details for use until permanent
connections are completed including capabilities of workers doing the
installation, types of welds or adequacy of bolted connections.
d) Listing of competent persons for fall protection, crane operation and erection
along with phone numbers for emergency contact.
e) Fall protection plan in accordance with the Project Safety Plan including
Leading Edge protection both during installation and after. Sequencing breaks
and end of workday protective measures will also be detailed. Interior floor
hole protection must be provided per OSHA Subpart M greater than 2 inches in
the least dimension.
f) Custody of Guardrail cables following completion of precast erection. Erector
to present a plan detailing how the cables will be safely removed utilizing
Personal Fall Arrest Systems; or safety nets.
g) Silica protection of workers during cutting of concrete.
h) Hazard Analysis of all operations, presented to all workers prior to each shift on
hazards specific to the day’s operation.
i) Proof of training for all erection crewmembers.
j) Delivery locations for trailers including adequate ground preparation and plan
for unloading.
k) Wind loading considerations including when operations will be suspended due
to high winds.
2) Any proposed field modifications to the approved Erection Plan shall be approved by a
Company Officer or the Professional Engineer of Record, added to the plan, which
shall be available at the jobsite. A copy must be submitted to Gilbane prior to any

State Office Building Renovation 00 73 19-65 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
change.
d. Lifting and Handling Requirements
1) Lifting inserts, which are embedded or otherwise attached to precast concrete
members, shall be capable of supporting at lest four times the maximum intended load
applied or transmitted to them, and shall be used in accordance with the manufacturer’s
recommendations.
2) Lifting hardware shall be capable of supporting at least five times the maximum
intended load applied or transmitted to the lifting hardware.
3) Adjustment of precast members, after initial placement, which requires the lifting of
the members in any manner, shall not be made unless wire rope safety tie backs are
used or the members are attached to the crane load line.
4) Chains are not permitted to be used as slings. Chain “come-along” are permitted with
proof of required inspections and certification.
43. Project - Code of Safe Practices
a. Each individual working on this project will be required to attend a safety orientation
meeting at the start of their assignment. At the conclusion of the meeting, each will be
required to sign a Code of Safe Practices as follows, indicating their agreement to follow that
Code while on the Project. This does not relieve the trade contractor of any responsibility to
properly orient and train their employees for the specifics of their work.
b. Sample Page:
Code of Safe Practices
Project Name: State Office Building & New Parking Garage
Employee Name
I agree to abide by the following Code of Safe Practices while on this project.
1. To assist the project in being incident and injury free, I have granted permission to
the Construction Manager to discuss all aspects of working safely with me.
Likewise, I have the right to discuss safety issues with the Construction Manager,
other trades (regardless of trade jurisdiction or craft) and to stop work at any time I
feel there is an unsafe condition to me or others.
2. I understand there are above-OSHA requirements in the Project Safety Plan and I will
abide by those requirements.
3. I will work in a safe manner, protecting myself and others, and will report observed
hazards to my supervisor. If not addressed, I will further report these hazards to the
Gilbane Building Company Superintendent.
4. I will dress appropriately for the project, wearing a long or short-sleeved shirt, long
pants, high visibility clothing and safety toe (a.k.a. steel toe) footwear with
substantial soles.
5. I will use personal protective equipment as required by my trade, and will wear a
hard hat and safety glasses at all times.
6. I will abide by the six-foot fall protection rules, including use of harnesses where
required.
7. I will park only in designated areas and observe a ten-mile per hour speed limit on
site.
8. I will only smoke or use tobacco products in designated areas.

State Office Building Renovation 00 73 19-66 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
9. I will eat only in designated areas and dispose of trash in proper containers.
10. I will not use any intoxicants or other controlled substances on the project.
11. I will report all injuries and accidents involving persons or property.
12. I will not bring any weapons - including pocket knives onto the site.
13. I will conduct myself in a professional manner and not engage in any violence,
horseplay, practical jokes, or other behavior obnoxious to the general public. I will
not harass anyone else on site or any member of the public, sexually or otherwise. I
will not bring onsite or write or draw any sexually explicit materials.
14. I will not use any headset-type radios, music players, personal televisions or other
personal entertainment devices on site.
15. I will not use my cell phone in work areas, around heavy equipment or while engaged
in work activities. If I must use a cell phone I will do so in safe areas.
16. I will comply with the security procedures established throughout the project, for
entrance to the site.
Signed _____________________________________________________________

44. Project - Safety Rules


a. All personnel on this project, including the employees of Contractor, will be required to
comply with these rules. Contractor shall ensure and indicate that all its employees have read
these rules and understood its contents. The employee must sign a declaration which shall
then be retained by Contractor with the employee's personnel file. In addition, Contractor
shall comply with the following:
1) Long or short sleeve shirts shall be worn at all times. All shirts shall be tucked in
trousers at all times. All shirts shall be hemmed at neck, sleeve and tail. “Muscle
Shirts” are prohibited.
2) Long pants are required. “Shorts” are prohibited.
3) A well constructed boot/shoe that provides a safety toe, ankle protection with a
substantial, flexible sole shall be worn. A protective toe guard will be required.
Sandals, tennis shoes or any other street type shoes (even if equipped with ANSI toe
protection), will not be permitted.
4) Loose fitting clothes or dangling jewelry shall not be worn around moving machinery,
grinding operations, welding, or other hazardous operations.
5) Hair which could come in contact with, or be caught in machinery, shall be protected
by a hard hat or hair net, as appropriate.
6) Approved hard hats meeting specifications contained in the most current addition of
the American National Standards Institute (ANSI), Z89.1 and/or Z89.2 are required.
“Cowboy-type” hard hats are not allowed. Baseball caps and other soft headwear is not
allowed under the Hard Hat suspension.
7) All contractors’ means of ingress and egress shall be adequately marked and kept clear
of stored material, debris and equipment.
8) No firearms are allowed on the project site.
9) Practical jokes, horseplay, scuffling, wrestling and/or fighting are prohibited and may
be grounds for immediate dismissal.
10) Reflective vests or clothing shall be worn by all personnel.

State Office Building Renovation 00 73 19-67 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
11) Drinking and/or possession of intoxicants on the Owner's property is forbidden. The
use of narcotics, unless authorized by a physician, and the Project
Manager/Superintendent is forbidden. Violation(s) of the above will result in
immediate dismissal.
45. Protection of the Public
a. Access to the Site
1) No work shall be performed in any area occupied by the public unless specifically
reviewed and permitted by Gilbane. In that the project interfaces with the public,
precautions to be taken include, but are not limited to:
a) Each Contractor shall take such necessary action as is needed to protect and
maintain public use of sidewalks, entrances to buildings, lobbies, corridors,
aisles, doors, exits and vehicular roadways. The Contractor shall protect the
public with appropriate sidewalk sheds, canopies, catch platforms, fences,
guardrails, barricades, shields, and adequate visibility as required by laws and
regulations of governing authorities. Such protection shall guard against flying
materials, falling or moving materials and equipment, hot or poisonous
materials, flammable or toxic liquids and gases, open flames, energized electric
circuits or other harmful exposures. Guardrails shall be made of rigid materials
complying with the requirements for standard guardrails as defined by OSHA
and the Project Safety Plan. Temporary sidewalks, ramps or stairs shall be
provided with guardrails on both sides whenever permanent sidewalks, ramps
or stairs are obstructed by the work. Barricades, secured against accidental
displacement, meeting the requirements of local authorities, may be authorized
by Gilbane where fences, sheds, walkways and/or guardrails are impractical.
During the period when any barricade, fence, shed, walkway, or guardrail is
removed for the purpose of work, a watchman shall be placed at all openings.
b) Appropriate warnings, signs and instructional safety signs shall be
conspicuously posted where necessary. In addition, a signalman shall control
the moving of motorized equipment in areas where the public might be
endangered. Warning lights, including lantern and electric lights, meeting the
requirements of governing authorities shall be provided and maintained from
dusk to sunrise along guardrails, barricades, temporary sidewalks and at every
obstruction to the public. These warning signs and lights shall be placed at
both ends of such protection or obstruction and not over 20 feet apart alongside
of such protection or obstructions.
c) With respect to operations being performed on public roadways, all DOT
and/or municipality requirements towards public safety will be strictly
observed.
d) Access to the site is limited to the entrance designated for construction traffic as
indicated on the site plans issued with the construction documents. At no time
are Contractor personnel or vehicles to obstruct traffic on public streets or
Owner entry driveways. All material deliveries shall be scheduled in advance
with the Project Superintendent and shall be completed within the time segment
allocated for the specific delivery.
e) A temporary six-foot high fence, in compliance with laws and regulations of
governing authorities, shall be provided and maintained around the perimeter of
operations on the project site to control access to the work by employees, to
protect the public, and to restrict access by unauthorized individuals.

State Office Building Renovation 00 73 19-68 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
i) The above shall be implemented only where allowed by the governing
authority. The rules and regulations of the governing authority shall
apply when the owner of the property specifically prohibits such
protective devices. All openings protected by Security Guard. RFID
badges required for entry.
b. Authorized Visitors
1) All visitors to the site are required to register with Gilbane upon arrival. Each
Contractor will be expected to regulate their visitors accordingly. All visitor passes
expire upon departure from the site and are to be surrendered to Gilbane.
c. Parking
1) Parking shall be in designated areas only. All vehicles delivering materials to the
Project shall be authorized to do so by Gilbane. Unauthorized vehicles may be
removed at the direction of Gilbane and all towing charges will be the responsibility of
the vehicle Owner.
2) Fire hydrants and all designated fire lanes shall remain clear at all times for the
use of emergency vehicles.
d. Employee Identification
1) Where required, all project site employees will be issued a hard hat sticker upon
completion of their initial safety orientation and after having passed their alcohol and
drug test. All persons without a hard hat identification sticker shall report to the
Gilbane office for verification of employment status, attendance at an orientation
session, or issuance of a single day visitor pass.
a) This identification badge will remain the property of Gilbane and the Owner.
The identification badge shall be maintained in good condition and on the
person to whom it is issued. The identification badge shall be returned to
Gilbane or the Owner when employment on the Project is terminated or when
requested by Gilbane, or other authorized and designated person. All lost or
stolen identification cards shall be immediately reported to Gilbane or the
Owner.
e. Tours
1) It is of the utmost importance that a high degree of protection be afforded all persons
touring the project site. The following guidelines shall be complied with by personnel
who are responsible for the organization, direction and safe conduct of the tours:
a) All group tours will be discouraged; but –if necessary - cleared through the
Owner's representative and Gilbane, allowing for maximum notice.
b) All tours will be coordinated by Gilbane to accommodate the Project schedule,
to make necessary preparations, and to assure safety precautions are observed.
c) Gilbane will review the following items with the person requesting the tour:
i) Number of visitors - Individual tour groups in non-hazardous areas
should be limited to no more that 5 persons per tour guide (i.e. a tour
group of 10 will require at least two tour guides).
ii) Clothing - Tour groups will be required to wear appropriate clothing (i.e.
slacks”) and safety toe footwear (aka. steel toe).
iii) Children - Children will not be permitted to accompany tours. Only
those 18 years of age and older are permitted to work on the project.
iv) Protective equipment - Hard hats and safety glasses will be worn at all

State Office Building Renovation 00 73 19-69 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
times while visitors are on site. Boots, raincoats, and other necessary
protection will be supplied as required.
v) Release and Hold Harmless Agreement (Appendix G) - Each visitor
will be required to sign this form prior to the start of the tour.
2) Immediately prior to entering the project site, all visitors shall be briefed about the
need for careful and orderly conduct, including mention of any special hazards which
may be encountered.
3) Technical and official visitor tours will be conducted in accordance with the above
safety precautions. Since technical tours are often conducted through areas of more
hazardous work, it is recommended that the number of people on such tours be
proportionate to the degree of hazard involved.
46. Pressure Testing Safety Requirements
a. Pressure testing involves hazards, such as the release of hazardous energy, being struck by
loose fittings or burst pipe. In addition, if an inert gas, such as nitrogen is used, it can
displace oxygen and can create an oxygen-deficient atmosphere, which can be harmful or
fatal. If flammable gas is used, it can cause an explosion if there is an ignition source.
b. The following procedure shall set forth the minimum requirements to ensure that pressure
testing is performed safely. Contractors shall also develop a site/task specific Job hazard
Analysis (JHA), as well as their own procedures for safely pressure testing pipe, and review
with Gilbane prior to starting this activity.
1) Contractor performing pressure testing shall barricade area off and place signage
restricting access to only authorized personnel.
2) Authorized personnel shall wear appropriate PPE consistent with the contractors JHA.
(examples should include: hard hat, safety glasses, face shield, gloves, etc in
accordance with the MSDS for testing medium).
3) All mechanical devices, such as valves and blinds used to isolate the system shall have
a lock and tag affixed by the contractor to prevent accident pressure release.
4) Contractor and authorized personnel shall walk down the system and check the
integrity of all connections, caps, seals and fittings within the system to be tested to
ensure they are secure.
5) Contractor shall install additional supports on piping necessary for increased pressure
or weight of testing medium.
6) Test equipment and gauges shall be inspected by the contractor and confirmed to be in
proper working order before testing is begun.
7) Maximum test pressure and duration of the test shall be communicated to the
contractor’s authorized testing personnel and Gilbane.
8) Contractor to develop a Venting procedure for dissipating inert gas safely.
9) Contractor shall develop a Drain procedure to drain water or other fluids safely,
without polluting drains or creating slippery conditions.
10) Contractor shall review the JHA with all authorized personnel prior to the test.
11) Testing shall be performed under the supervision of the contractor supervisor.
12) Testing shall be conducted in accordance with pipe and testing equipment
manufacturer’s precautions and specifications.
13) Test pressure shall not exceed the maximum allowable test pressure for any vessel,
pumps, valves, or other components in the system.
14) All repairs or adjustments to the system being tested shall be done only after the
system pressure is safely and completely relieved and the test gauges indicate 0 psig
pressure.

State Office Building Renovation 00 73 19-70 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
15) Only mechanical devices, such as gate or ball valves shall be used for incremental
release of flow in depressurizing systems. The opening or ‘breaking’ of flanges shall
never be used as a means of depressurizing a tested system.
16) Upon acceptance of the pressure test, pressure in the system shall be completely
relieved so that the test gauges indicate 0 psig, and verified by contractor’s supervisor.
17) Contractor shall conduct all testing in accordance with applicable laws, codes, and
ASME B31, B16 and related standards.
47. Sanitation
a. Housekeeping
1) The site, work areas, and all premises occupied by Gilbane and contractor's personnel
will be maintained in a clean, healthy and sanitary condition.
2) Work areas, passageways and stairs, in and around buildings and structures, shall be
kept clear of debris. Construction materials shall be stored in an orderly manner.
Storage areas and walkways on the site shall be maintained free of dangerous
depressions, obstructions, and debris. Construction equipment shall be stored or placed
in an orderly manner.
3) Good housekeeping on the project is mandatory and every employee must do his part
daily to minimize dust and to clean up his work area to keep the project clean for safety
and efficiency. Controls shall be observed which keep dirt from being tracked into
areas outside the work space. Immediate cleanup is required when dust, dirt or debris
may affect the owner’s operations.
a) Eating within the construction project shall be confined to areas designated by
Gilbane for such purposes. Employees shall properly dispose of all lunch refuse
and drink containers in covered trash receptacles.
b) Failure to maintain adequate housekeeping and to perform daily clean-up will
result in the following actions:
i) Written Notice: Upon receipt, the contractor shall take immediate action
to perform housekeeping and clean-up.
ii) If having been given sufficient notice, the contractor fails to clean-up, the
work will be performed by others, and the errant contractor backcharged
for all related costs.
c) Daily and final clean-up must be performed in accordance with contract
documents.
b. Facilities
1) The locations of lunch areas and employee toilet facilities will be designated by
Gilbane and approved by the Owner.
c. Refuse and Garbage
1) An adequate number of covered garbage containers will be provided by each
contractor. The site will be cleaned and garbage and refuse will be collected at least
daily and removed from the building.
d. Potable Water
1) Each contractor shall provide potable water at the work site and test it at least weekly if
delivery is from other than municipal supplies.
e. Sanitary facilities shall be provided for personal hygiene.

State Office Building Renovation 00 73 19-71 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
48. Signs, Signals, Barricades and Lights (Motor Vehicle Exposure)
Signs, signals and barricades shall be visible at all times where a hazard exists and will be in
compliance with ANSI D6.1 (most recent version), Uniform Manual of Traffic Control or
regulations promulgated by the local authority.
49. Scaffold
a. The Contractor’s designated Competent Person shall inspect all scaffolds prior to each work
shift with written documentation provided to Gilbane on a daily basis. All scaffolds shall
bear a tag, signed and dated by the contractor’s competent person, denoting that the scaffold
has been inspected and is safe to use prior to any employee utilizing that scaffold that day.
1) Any contractor using scaffolding shall provide to Gilbane the name of their Competent
Person along with the content of the Competent Person’s training program and proof of
Scaffold User Training for all employees who may work on scaffolding.
b. Ladder Jack scaffolds are not permitted on Gilbane projects.
c. Scaffolds with a width less than 60 inches must have guardrails (top, mid and toe) installed
when the work platform is in excess of 48 inches above the floor or lower work area.
d. Scaffold cross-bracing is not permitted to be used as a substitute for guardrails. Swing gates
will be provided at all ladder or stair access points. Where material is being landed on a
scaffold, the outrigger extension will not be used to support the material unless it is deemed
adequate by the manufacturer and a factor of safety of 4 is provided.
e. All non-mobile scaffold frames shall have base plates installed and sill boards (10”x10”x2”)
f. All mobile scaffolds will have wheels locked when in use and stationary.
g. Nominal grade lumber is not allowed as scaffold planking.
h. All individuals who are in scissor lifts shall wear a full body harness and be tied off by a
lanyard to a manufacturer’s approved anchorage point within the scissor lift. Standing on
guardrails is not allowed. Only approved anchorages shall be used for fall arrest anchorage
points.
i. A mast-climbing elevating work platform that may be adjustable by manual or powered
means must meet the requirements of ANSI Standard ANIS/SIA A92.2-1993 – American
National Standard for Mast-Climbing Work Platforms and be accessible by a stair system.
j. Stair Scaffolds
1) ‘System’ scaffold stairs shall be erected as early as possible during the building
construction to facilitate safe access to all working levels once the steel erector has
released the floor/level to Gilbane. Scaffold stairs shall remain in place until the
permanent stairs are constructed and made available for use by Gilbane.
2) Stair scaffolds shall be constructed in accordance with the manufacturer’s instructions
by trained and qualified workers under the direction of a competent person.
3) Stair scaffolds shall be inspected daily by a competent person – authorized by Gilbane
– at the beginning of each shift. The competent person shall date and initial a scaffold
tag and place the tag at the entrance to the stair scaffold.
4) Stair scaffolds used during winter months shall be enclosed to prevent ice and snow
from creating slippery conditions.
a) Temporary lighting accordance with OSHA requirements shall be installed on
all enclosed stair scaffolds.
50. Steel Erection

State Office Building Renovation 00 73 19-72 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
a. Erection Plan
1) An erection plan will be prepared by the Steel Erector’s Qualified Person, stamped by
a registered Professional Engineer and reviewed with the Gilbane Project
Superintendent prior to start of work.
2) The erection contractor’s qualified person shall approve all changes in the safety
erection plan.
3) A copy of the erection plan shall be maintained at the project site showing all approved
changes with a copy provided to Gilbane.
4) The implementation of the erection plan shall be under the supervision of a competent
person.
b. A safe means of access to the level being worked shall be maintained. Climbing and sliding
on columns or diagonals, is not allowed.
c. Containers, such as buckets or bags, shall be provided for storing or carrying bolts or rivets.
When bolts, driftpins, or rivet heads are being removed, a means shall be provided to prevent
accidental displacement. Tools shall be secured in such a manner to prevent their falling.
d. Fall protection provisions, such as lifeline attachments, dynamic fall restraints and other
such devices shall be considered during shop drawing preparation, shall be incorporated in
fabricated pieces, and shall have safety lines or devices attached prior to erection wherever
possible.
e. A tag line shall be used to control all loads.
f. For the protection of other crafts on the project, signs shall be posted in the erection area by
the erection contractor reading, "Danger Men Working Overhead" and only ironworkers
allowed in this area. This will include shake-out areas, erection areas and the load travel path
from the storage area to the erection area.
g. When loads are being hoisted, all personnel are to be prevented from walking or working
under the load.
h. No one shall be permitted to ride a load under any circumstances.
i. Crane personnel platforms will not be used for any purpose without the written approval of
Gilbane.
j. Material shall not be hoisted to a structure unless it is ready to be put into place and secured.
k. Bundles of metal decking or small material shall be so secured as to prevent their falling out
from the rigging.
l. Multiple lifts (e.g. “Christmas-treeing,” “Suitcasing”) of any type are not allowed unless
approved by the Gilbane Regional Safety Manager.
m. Fall Protection (See Elevated Work - Fall Protection)
1) All employees engaged in steel erection activities including connecting, bolting-up,
decking, welding or any other activity that exposes them to a fall of 6 feet or greater
shall be provided with and use fall protection. This protection shall be either a personal
fall protection system consisting of a full-body harness, double, shock-absorbing
lanyard, and anchorage or a safety net or a guardrail. Nether “Controlled Decking
Zones” nor “Safety-monitor systems” are permitted. Metal deck is not considered a
form of fall protection.
2) Fall protection requirements shall be rigorously enforced during steel erection with any
observed violation cause for removal from the project.
3) Body belts are not permitted as part of a fall restraint system. Only full body harnesses

State Office Building Renovation 00 73 19-73 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
will be used as part of a personal fall protection system.
n. Perimeter Protection
1) Immediately following the erection of beams and columns a guardrail system
consisting of a minimum of two (2) 3/8-inch diameter 7 x 19 galvanized new aircraft
cables shall be installed as follows:
a) Top rail of the wire rope cables shall be erected at 43.5 inches from the finished
floor.
b) Mid rail of the wire rope cables shall be installed approximately halfway
between the finished floor and the top guardrail – approximately 22 inches.
c) Wire rope guardrails shall initially be tensioned to 2,400 pounds of force and be
maintained to comply with OSHA fall protection requirements.
d) Termination.
i) The length of cable shall not exceed 120 feet without being terminated.
ii) Cables shall be terminated at all 90-degree turns.
iii) Connections and shall be ‘looped’ connections with three (3) wire rope
clips (not alternating sides) used at all connections – line splicing is not
permitted.
iv) All sequence breaks will require a two (2) cable assembly.
2) Stanchions
a) Steel angle stanchions shall be installed and spaced on perimeter bays as
follows:
i) In bays with column spacing less than thirty (30) feet install at least one
intermediate stanchion. Rigged between 39”-45”.
ii) In bays with column spacing greater than thirty (30) feet install at least
two intermediate stanchions. Rigged between 39”-45”.
iii) Steel stanchions used at corners shall have diagonal supports installed to
at least 80% of the height of the stanchion.
3) Turnbuckles shall be installed on top and mid rail wire rope cables at each perimeter
side.
a) Intervals shall not exceed 120 feet or as directed by Gilbane.
b) Loading bays shall have separate guardrail and turnbuckle assemblies installed.
4) Guardrails will not be used as a horizontal lifeline as part of a personal fall arrest
system unless designed by the steel erector’s Qualified Person and installed under the
supervision of the steel erector’s competent person.
5) Guardrails shall not be used as an attachment point for equipment or materials (e.g.
electrical cords, welding leads, pneumatic hoses).
o. Interior Protection
1) Installation of guardrails at interior floor openings (e.g. stairs or mechanical shafts)
shall conform to one – or a combination – of the following:
a) Option 1 – Install 3/8 inch galvanized aircraft cable through stanchions at 43.5
inches above the finished floor. Terminate the cables at 90-degree turns.
b) Option 2 – Bolt 2 ½” x 2 ½” x ¼” steel angles horizontally to the stanchions to
serve as top- and mid rails. A mid-stanchion / post is required for spans greater
than eight (8) feet.

State Office Building Renovation 00 73 19-74 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
c) Option 3 – Secure 2” x 4” construction grade lumber horizontally to steel
stanchions to serve as top- and mid rails. A mid-stanchion / post is required
every eight (8) feet.
2) Guardrails will not be used as a horizontal lifeline as part of a personal fall arrest
system unless designed by the steel erector’s Qualified Person and installed under the
supervision of the steel erector’s competent person.
3) Guardrails shall not be used as an attachment point for equipment or materials (e.g.
electrical cords, welding leads, pneumatic hoses).
4) Top- and mid-rail cables – as outlined above – shall also be used at all sequence
breaks.
51. Stretch and Flex Program
a. All contractors and tradesmen at this project are required to design and implement a Stretch
and Flex Program for their employees. The purpose of the program is to gently condition the
muscles and tendons of the workers before they engage in their duties in order to avoid
injury.
b. A Stretch and Flex Program shall be developed by each Contractor and submitted to Gilbane
prior to commencing activities on site.
c. Stretch and Flex activities shall be performed every day work activities are scheduled and
they shall be performed before the work activities begin. Everyone is required to participate.
d. Recommendations.
1) Consult with a licensed Physician/Physical Trainer/Stretching Instructor/Yoga
Instructor for the most suitable stretches for your work crew.
2) Incorporate incentives for active participants.
3) See Appendix M for an example of a Stretch and Flex Program.
4) Check with your Company’s insurance carrier. They may provide services,
suggestions and guidance for your company’s program.
52. Third Party Inspections
a. In addition to visits and safety inspections by its own corporate or insurance representatives,
Contractor is advised that the Project may be inspected from time to time by authorized third
parties. Among others so authorized are representatives of the Owner and/or its agent,
insurance companies and OSHA. Upon their proper identification and clearance through
security, they are entitled to access and courteous consideration. Gilbane must be made
aware of their presence upon arrival, and in any case as soon as possible, of the purpose and
results of such visits which relate to safety. Authorized and escorted by assignee.
53. Temporary Heat
a. No Kerosene, oil fueled, solid fuel burning, or convection heaters (a.k.a. ‘Pot’ heaters) are
permitted.
b. Only gas fired (propane vapor or natural gas), hydronic, steam, electric or infrared heaters
are permitted, based on the application and use with hot work permit issued and approved by
Gilbane.
c. Gas heaters must conform to the specifications
1) Direct Fired heaters shall conform to ANSI Z 83.7 or Z 83.4
2) Indirect Fired heaters shall conform to ANSI Z 83.8
3) Infrared heaters shall conform to ANSI Z 83.6

State Office Building Renovation 00 73 19-75 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
4) All flexible connectors must be UL approved and conform to specifications L -83.
d. All heaters shall conform to applicable OSHA, ANSI, UL, NFPA, NEC, and related
standards for design, construction, installation, clearance and use, as well as to all local
codes. All heaters shall be AGA certified
e. Temporary construction heaters proposed shall be approved for use by the client and
Gilbane. They shall conform to the approved heating plan, to manufacturer installation
requirements, to applicable Codes and Standards and to the local fire official’s requirements.
f. Heater supplier and Contractor shall provide their construction heating plan to the Gilbane
Project Manager and Regional Safety Manager for review and approval. This Plan must
include specifications for the heaters, and heater and fuel placement and storage, as well as
heater maintenance, service and inspection schedule and competent persons to implement
the Plan.
g. Whenever heaters are operating during non-working hours, the Contractor may be required
by the client, local fire officials, or Gilbane to provide a qualified person to monitor and
maintain the heaters. In such cases, the qualified person shall be trained by qualified person
in the safe operation of the heaters.
h. All heaters specified shall be an approved appliance meeting or exceeding safety features
outlined in appropriate specifications (see above)
i. Installation of an appliance meeting the following specifications shall be made by a qualified
technician according to safety measures as outlined in ANSI 10.10, NFPA – 58, NFPA – 54,
U.L., the operators/manufacturers manual, and local codes
j. Installation must be a coordinated effort between Gilbane personnel, the heating appliance
supplier, the fuel supplier and local trades, referring to the heating plan, with instruction.
k. Flammable and combustible material shall be kept away from the heater a minimum of
50’/30’ respectively or more as indicated by heating unit manufacturer, local fire authority,
owner, or unique conditions of the site.
l. Each heating appliance is to be inspected by a qualified person, at least at the beginning and
end of each working day.
m. Contractor shall monitor Carbon monoxide levels when operating heaters indoors and shall
ensure levels are below the ACGIH TLV( The American Conference of Governmental
Industrial Hygienists Threshold Limit Value of 25 ppm (parts per million or 29 mg/m(3)) as
a Time Weighted Average for a normal 8-hour workday and a 40-hour workweek.
54. Tool Box Training
a. Instruction and training of employees is a OSHA requirement and, as such, will be required
on this project. Training of contractor personnel is the responsibility of the contractor.
Examples of such required training are:
1) Newly employed, promoted and/or transferred personnel shall be verbally instructed in
the safety practices required by their work assignments.
2) All work assignments must include specific attention to safety. "Follow-up"
monitoring is required in order to prevent accidents.
3) OSHA requires that employees performing specific non-routine tasks or operating
specific equipment be trained in its usage.
4) Training of contractor personnel is the responsibility of the contractor.
5) Conduct Tool Box safety meetings for all employees at least once a week.
a) Maintain an attendance record by having employees sign the reverse side of the

State Office Building Renovation 00 73 19-76 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Toolbox Safety Meeting Report, or equivalent form.
b) Complete the Report and submit it to the Gilbane Office within 24 hours after
each meeting.
c) File all toolbox meeting reports and summaries so that they are available for
review at any time during project operations or for a period of five years
following termination of the project.
b. It is the responsibility of Trade Contractor supervision to explain the hazards involved in an
assignment to all employees, either individually or in a group before they actually begin an
assigned task.
1) This task may only require a few words, but in many cases it will require the actual
demonstration of how the project can be done safely and the pointing out of the
hazards that may be or will be encountered in any task.
55. Welding, Cutting and Burning – Hot-work
a. Electric Arc Welding
1) A suitable, approved fire extinguisher shall be ready for instant use in any location
where welding is done. Screens, shields, or other safeguards should be provided for the
protection of men or materials, below or otherwise exposed to sparks, slag, falling
objects, or the direct rays of the arc.
2) A dedicated fire watch shall be present at all welding operations and remain for at least
one hour after the hot work has halted.
3) The welder shall wear approved eye and head protection. Men assisting the welder
shall also wear protective glasses, head protection and protective clothing. Adequate
exhaust ventilation shall be maintained at all welding and cutting work areas.
4) Electric welding equipment, including cables, shall meet the requirements of the
National Electric Code. All arc welding and cutting cables shall be of the completely
insulated flexible type capable of handling the maximum current requirements of the
work. Cables in need of repair shall not be used. The frames of all arc welding and
cutting machines shall be grounded either through a third wire in the cable connecting
the circuit connector or through a separate wire which is grounded at the source of the
current. All ground connections shall be inspected to insure that they are mechanically
strong and electrically adequate for the required current. Welding practices shall
comply with all applicable regulations.
5) Work permits shall be obtained daily, prior to any welding operations on the site.
b. Gas Welding or Cutting
1) When gas cylinders are stored, moved, or transported, the valve protection cap shall be
in place. When cylinders are hoisted, they shall be secured in an approved cage or
basket. The valve cap shall never be used for hoisting. All cylinders shall be stored,
transported, and used in an upright position. If the cylinder is not equipped with a
valve wheel, a key shall be kept on the valve stem while in use.
2) At the end of each work day or if work is suspended for a substantial period of time,
compressed gas cylinder valves must be closed, regulators removed and properly
stored.
3) Cylinders containing oxygen or acetylene or other fuel gas shall not be taken into
confined spaces.
4) Cylinders containing oxygen or acetylene or other fuel gas shall be stored in designated
areas outside the structure as approved by Gilbane.

State Office Building Renovation 00 73 19-77 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
5) No one shall use a cylinder's contents for purposes other than those intended by the
supplier.
6) All hoses used for carrying acetylene, oxygen or other fuel gas shall be inspected at the
beginning of each working shift. Defective hoses shall be removed from service.
7) Oxygen cylinders and fittings shall be kept away from oil and grease. Oxygen shall not
be directed at oily surfaces, greasy clothes or hands.
8) Regulators, gauges, backflow check valves, and torches shall be kept in proper
working order.
9) An approved fire extinguisher shall be readily available.
10) Flash arrestors are required on the oxygen and acetylene hoses; positioned at the
regulators.
11) Appropriate personal protective equipment, such as burning glasses, shields, and/or
gloves shall be used. Adequate exhaust ventilation shall be maintained at all welding
and cutting work areas.
12) Work permits shall be obtained daily, prior to any burning or cutting operations on the
site.
56. Work Permit Procedures
a. General Procedures
1) A copy of this section of the Project Safety Plan will be issued to all Contractors, and
will serve as notice by Gilbane that a work permit as specified by Gilbane is necessary
before starting any hazardous work activity.
2) The work permit shall be obtained from Gilbane before starting each day's work. The
procedures for initiating a hazardous work permit are listed on the permit application
appropriate to the type of work.
3) Hazardous work permits include – but are not limited to – the following activities: Hot
work, confined space entry, guardrail removal, line breaks, after-hours work, trenching
and excavation, crane use and barricade installation.
4) Due to special project conditions, additional job-specific hazardous work permits may
be required to be incorporated into the safety plan. Additional job-specific hazardous
work permits shall also be considered as a contract commitment.
b. Hot Work (Appendix E)
1) Hot work is defined as a process or procedure which could result in a fire if not
properly controlled. Common types of hot work are welding, burning, cutting,
brazing, soldering.
2) Hot work will usually be permitted only during normal working hours. Permits will be
issued the day before work is to be accomplished, and the work area will be inspected
to verify that adequate control has been established. A copy of the permit will be
available at the point of work. An adequate number of fire extinguishers will be
available within 50-feet of the point of work for which a permit is issued. The
Contractor will take the necessary precautions when welding or burning above walls to
assure that protection is maintained on both sides of the wall and that the areas below
are protected on multilevel buildings.
3) Inspection of the permit area one hour post-completion of hot work is required by the
contractor.
c. Confined Space (Appendix F)

State Office Building Renovation 00 73 19-78 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
1) When work in confined spaces is scheduled, such as a caisson, boiler, deep
excavations, etc., consideration must be given to two major known and recognized
hazards:
a) The possibility of fire or explosion, flammable gases, fumes, vehicle fumes,
vapors, or dusts.
b) The possibility of injury to the worker (or loss of consciousness) as a result of
inhalation or absorption through the skin of toxic materials or from oxygen
deficiency.
2) For work in a confined space, the responsibility for recognition and advance
notification is the Contractor's. The Project Superintendent will be notified and will
evaluate the situation, issuing a work permit in those cases for which he considers it
necessary. The Contractor will be responsible for providing equipment and special
instructions for the worker, such as ventilating units, respirators, safety belts, air
monitoring devices and life lines, etc., and for conformance to all applicable OSHA
standards.
3) It is required that the "buddy system” be used and that an observer tend to all of the
workers in a confined space. Rescue procedures should be agreed upon beforehand.
d. Guard Rail Opening
1) Work which requires the opening of guard rails or the removal of holes covers to be
performed shall be approved in advance by the Project Superintendent. Particular
attention shall be given to the alternate means of fall protection which will be required
to safely perform the work and protect other workers in the vicinity of the fall
exposure. Specific plans for providing alternate fall protection shall be described in
the request for the work permit.
e. Off-Hours Work
1) The Project Superintendent and the Project Safety Coordinator shall approve work,
which is required to be performed outside normal working hours established at the site,
in advance. Any work occurring within the existing Owner facility shall be at the
convenience of the Owner, and shall comply with all conditions imposed by the
contract specifications and the work permit issued by the Project Safety Coordinator or
other persons identified by the Owner.
57. Owner Requirements
a. Additional safety requirements exist as stipulated by the State of Connecticut Department of
Capital Asset Management group.

State Office Building Renovation 00 73 19-79 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX A - HAZARD ANALYSIS

Activity being analyzed:


Analysis performed by: Date of analysis:
Trade or craft to perform activity:

Sequence of basic activity Potential hazards or accidents Recommended safe


steps. Question each step for potential procedures
Break the activity into normal causes of accidents. Seek ideas For each potential hazard,
basic steps. List their normal from observing similar work discuss what employees should
sequence of occurrence. being performed and discuss do or not do to avoid an
Describe the What not the How with employees. Review past accident. Be specific and brief.
of each step. Check with accident reports. Use simple do and don’t
employees experienced in statements. Get ideas from
performing the activity. observing work, discussions
with employees, and reviewing
past accidents. Write as if
talking to employees. Never
record useless generalities such
as be careful, use caution, be
alert, etc.

Equipment to be used Inspection requirements Training requirements


List equipment and machinery List inspections that will be Determine requirements for
to be used in conducting the required of the equipment or employee training, including
work for the activity. machinery. hazard communication to safely
perform each basis step of the
activity.

State Office Building Renovation 00 73 19-80 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX B - DAILY JOB HAZARD ANALYSIS

REGION: 11 PROJECT NUMBER: J0693.000 PROJECT NAME: State Office Building & New
Parking Garage

CONTRACTOR: __________________ AUTHOR: _________________ DATE: _______________

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)

State Office Building Renovation 00 73 19-81 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX C - PRINCIPAL’S MEETING GUIDELINES

I. Who should be in attendance?


A. Gilbane
1. On Site Project Manager (Chairperson)
2. Superintendent
3. On Site Safety Manager (if applicable)
4. Regional Safety Manager
5. Manager of District Office
6. Project Executive
7. Purchasing Agent (if available)
B. Trade Contractor involved
1. Owner / Principal
2. Project Manager
3. Site Supervisor / Foreman

II. Format of Agenda


A. Gilbane chairman to present overview of the incident
B. Detailed description of incident by Trade Contractor
C. Review of Accident Investigation & Photographs
D. Review of current status / prognosis of injured employee(s)
E. Review involvement of OSHA, if applicable
F. Review of Job Hazard Analysis for the task in which the incident occurred
1. Was there a JHA available for the task?
2. Was the JHA reviewed with the crew before the task began?
3. Audit of JHA - were all steps followed?
4. Was the JHA adequate?
5. Should the JHA be revised for future use?
G. Lessons Learned
H. Corrective Action to be taken
1. Trade Contractor
2. Gilbane

State Office Building Renovation 00 73 19-82 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX D - FIRST REPORT OF INJURY

First Report of Injury


Safety Form
Project No.: __________ Project Name: ______________________________
Date of Incident: _______________ Time of Incident: __________________
Name of Contractor: ______________________________________________
Employees Involved: _____________________________________________
_______________________________________________________________
Witnesses: _____________________________________________________
_______________________________________________________________
Description of Incident: ___________________________________________
_______________________________________________________________
_______________________________________________________________
Exact Location of Incident: ________________________________________
_______________________________________________________________
Potential Property or Personnel Losses: _______________________________
_______________________________________________________________
Corrective Action Taken and Date: __________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

___________________________ ______________________________
Safety Representative Foreman

Use reverse side if required.


Forms Must Be Forwarded to Gilbane Field Office Within 24-Hours of Incident.

State Office Building Renovation 00 73 19-83 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX E - HOT WORK PERMIT

Hot Work, Cutting, and Welding


Safety Form

No. Project No.

REMOVE ALL COMBUSTIBLE MATERIAL FROM THE WORKAREA


Date: Location:

Start Time: Stop Time:

Description of Work:

Torch Cut Solder Weld Other Hot Work:


One Class 2A portable fire extinguisher required.
Or
Dry Chemical fire extinguisher Required

Wet Down upon Completion

Fire Watch required for Hours after completion of Hot Work

PERMIT EXPIRES AT STOP TIME

IF FIRE OCCURS CALL FIRE DEPARTMENT THEN NOTIFY PROJECT


SUPERINTENDENT

Contractor performing hot work will arrange to inspect area 2 hours after stop time.

Person authorized to do hot work: Person issuing permit:

Print Name Print Name:

Signature: Signature:

Company: Company:

State Office Building Renovation 00 73 19-84 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX F - CONFINED SPACE PERMIT

Date Submitted __________ Work to be performed on __________ Time __:__ AM/PM


Location / Description of Line Break:________________________________________
Contents of Line: _______________________________________________________
Name of Responsible person: ______________________________Tel:____________
Contractor Name: _______________________________________ Tel:____________
Special Requirements Yes No Work to be performed Yes No
Permits Obtained
Lock-out / de-energize Burning
Lines broken - capped or blanked Welding
Purge - flush or vent Brazing
Ventilation - ____mechanical ____natural Grinding
Secure area Open flames
Protective clothing other
Non-sparking tools Yes No
Full body harness and lifeline Hazards Expected
Tripod or other hoisting equipment Corrosives
Electrical eqpt for explosive atmosphere Flammables
Lighting Toxics
Fire Extinguishers X-temps
Respiratory protection Electrical
Powered communications Physical - engulfment
Tests to be Taken P.E. Yes No Actual Reading Time Tests Taken
L
% of oxygen
% of L.E.L.
Carbon monoxide
Aromatic hydrocarbon
Sulfur dioxide
Ammonia
Hydrocyanic acid
Hydrogen sulfide
Testing Equipment _________________________________________Serial No._____________________
Calibrated by _______________________________________________Date calibrated ____/____/____
Testing conducted by ____________________________________________________________________
Personnel making entry: Standby Person:
Rescue Tel:
Permit canceled on ______/______/____
Time ___________ AM / PM
The above individuals have been informed of the hazards, provided with protective equipment and trained
in its use as well as safe work practices.. All individuals have been trained.
ORIGINAL POSTED AT ENTRY LOCATION - COPY TO SAFETY
Contractor Name:(print)___________________ Signature: _____________________
Gilbane Name:(print) ___________________ Signature _____________________

State Office Building Renovation 00 73 19-85 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX G - HOLD HARMLESS AGREEMENT

Hold Harmless Agreement

To: Gilbane Date:


Job No: Job Name:
Job Location:
In consideration of permission granted to the undersigned to enter and inspect the premises as described
above, which permission is given as a courtesy to me (us) and for my (our) benefit only. I (we) herewith
agree for myself (ourselves) and for my (our) heirs, executors and administrators that I (we) will, to the
full extent permitted by law, and do release and forever discharge Gilbane
and/or
and/or the contractors or subcontractors who may be performing work on the said premises from all
manner of claims, actions or causes of action which I (we) now have or which I (we) or my (our) heirs,
executors or administrators hereafter can, shall or may have because of bodily injury or damage to
property which I (we) may suffer while on said premises, whether the said injury or damage may be due
to the act or negligence of the said Gilbane
or of
or of any contractor and subcontractor or otherwise; it is understood that I (we) accept full responsibility
for the above mentioned risk.
IN WITNESS WHEREOF, I (we) have hereunto set my (our) hand of 19
this

State Office Building Renovation 00 73 19-86 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX H – INCIDENT REPORT (NO INJURY OR NEAR MISS)

Incident Report - (No Injury)

Project No.: __________ Project Name: ______________________________


Date of Incident: _______________ Time of Incident: __________________
Name of Contractor: ______________________________________________
Employees Involved: _____________________________________________
_______________________________________________________________
Witnesses: _____________________________________________________
_______________________________________________________________
Description of Incident: ___________________________________________
_______________________________________________________________
_______________________________________________________________
Exact Location of Incident: ________________________________________
_______________________________________________________________
Potential Property or Personnel Losses: _______________________________
_______________________________________________________________
Corrective Action Taken and Date: __________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

___________________________ ______________________________
Safety Representative Foreman

Use reverse side if required.


Forms Must Be Forwarded to Gilbane Field Office Within 24-Hours of Incident.

State Office Building Renovation 00 73 19-87 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX I – EXCAVATION INSPECTION FORM

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

State Office Building Renovation 00 73 19-88 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX J – ACCIDENT-ILLNESS REPORT

Accident / Illness Report

PROJECT NAME: PROJECT NUMBER:

Classification: First Aid Only___ Recordable Injury___ Lost Time Injury___


Report Number:_____________ Date of Injury: ____________ Time of Injury: ____________
(Job#-Case#-Year)

Injured’s Name: ______________________ ______________ ____


Last First MI
Home Address: _____________________ _______________ ____ ________
Street (Apt.#) City State Zip
Occupation:_________________ D.O.B.:________ Sex:_____ SS#:_______________

Employer Name: __________________________ Telephone #: ______________


Address:_______________________ _______________ ________ _________
Street City State Zip
Supervisor’s Name: ______________________ ________________ ____
Last First MI
Date & Time Reported to Supervisor: _____________ __________ AM / PM
Date Time

Witness #1
Witness’s Name: _______________________ _________________ ____
Last First MI
Witness #2
Witness’s Name: _______________________ _________________ ____
Last First MI
Witness #3
Witness’s Name: ______________________ ________________ ____
Last First MI

Attach GBCo “Eyewitness Statement” (OM LC Sec 5) for each Witness.

State Office Building Renovation 00 73 19-89 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Accident / Illness Report

Specific Location Where Injury / Illness Occurred: __________________________


_____________________________________________________________________

Description of Accident_________________________________________________
_____________________________________________________________________
_____________________________________________________________________

Name of Object or Substance that Directly Injured Employee: ________________


_____________________________________________________________________

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: _____________

State Office Building Renovation 00 73 19-90 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Accident / Illness Report

Name of Doctor or Hospital: __________________________________________

Address of Doctor / Hospital: __________________________________________

__________________________________________

__________________________________________

Type of Injury / Illness: (circle applicable #)

01. Abrasion 14. Electrocution 27. Poisoning


02. Allergic Reaction 15. Evisceration 28. Puncture
03. Amputation 16a. Exposure - 29. Repetitive Motion
Chemical
04. Asphyxiation 16b. Exposure - 30. Rupture
Radiation
05. Blister 17a. Eye Cases - 31. Severance
Foreign Body
06a. Burn - Chemical 17b. Eye Cases - All 32. Splinter
Other
06b. Burn - Electrical 18. Fracture 33. Sprain (joint)
06c. Burn - Thermal 19. Hearing Loss - 34. Sting - Insect Bite
Temporary
07. Cardiovascular 20. Heat Exhaustion 35. Strain (muscle)
08. Cerebrovascular 21. Heat Cramps 36. Swelling
09. Concussion 22. Hernia 37. Temp.Extreme
(H/C)
10. Contusion (bruise) 23. Inflammation 38. Vision Loss
11. Crushing Injury 24. Inhalation Injury 39. Unclassified
12. Dermatitis 25. Laceration 40. Unknown
13. Dislocation 26. Muscle Spasm

State Office Building Renovation 00 73 19-91 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Accident / Illness Report

Body Part Injured: (circle applicable #)

1. Head 4. Upper Extremities


10 Skull
11 Brain 41 Shoulder / Clavicle / Scapula
12 Eyes 42 Upper Arm
13 Ears 43 Elbow
14 Nose 44 Lower Arm
15 Mouth 45 Wrist
16 Teeth 46 Hand
17 Soft Facial Tissue 47 Finger(s)
18 Multiple Head Injury 48 Multiple Upper Extremities
2. Neck 5. Lower Extremities
21 Cervical Vertebrae 51 Hip
22 Cervical Disc 52 Upper Leg
23 Spinal Cord 53 Knee
24 Larynx /Trachea 54 Lower Leg
25 Carotid / Jugular 55 Ankle
26 Multiple Neck Injury 56 Foot
57 Toe(s)
58 Multiple Lower Extremities
3. Trunk / Torso 6. Internal Organs
31 Upper Back / Thoracic Area 61 Muscular System
32 Lower Back / Lumbar Area 62 Nervous system
33 Sacrum & Coccyx 63 Lungs & Respiratory System
34 Pelvic Region 64 Heart & Circulatory System
35 Spine & Spinal Cord 65 Digestive / Endocrine Systems
36 Thoracic Cavity 66 Liver & Endocrine System
37 Abdominal Cavity 67 Reproductive System & Genitalia
38 Multiple Trunk 68 Multiple Internal Organs

State Office Building Renovation 00 73 19-92 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Accident / Illness Report

Cause of Accident: (circle applicable #)

1. Burns 6. Striking Against / Stepping On


11 Contact with Object 61 Strike / Step - on Sharp Object
12 Contact with Fire or Flame 62 Strike / Step - on Stationary Object
13 Contact with Fluid / Liquid 63 Strike / Step - on Moving Object
/Part
14 Contact with Steam / Vapor / Gases 64 Strike / Step - Cleaning / Scraping
15 Radiation Exposure 65 Misc. Strike / Step Injuries
2. Caught In or Between 7. Struck By Injuries
21 Caught in Machine / Machinery 71 Struck by Flying / Falling Object
22 Caught In / Between Object Handled 72 Struck by Object Lifted / Handled
23 Misc. Caught In / Between 73 Struck by Object Handled by Others
3. Cut, Puncture, Scraped By 74 Struck by Hand Tool in Use
31 Hand Tool Injury 75 Struck by moving Machine Parts
32 Power Tool Injury 76 Struck by Motor Vehicle
33 Materials Handled 77 Misc. Struck By Injuries
34 Misc. Cut / Puncture / Scrape 8. Miscellaneous Codes
4. Fall or Slip Injuries 81 Attacked by Animal / Insect
41 Slipped - Did Not Fall 82 Contact with Electric Current
42 Slip / Fall on Slippery Surface 83 Explosion
43 Slip / Fall @ Same Elevation 84 Natural Disaster
44 Slip / Fall From Different Level 85 Not Classified Above
45 Slip / Fall from Ladder or Scaffold 86 Unidentifiable
46 Misc. Slip / Fall Injury 9. Multiple Injuries
5. Strain / Sprain Injuries 91 Multiple Burns
51 Injured by Jumping 92 Multiple Caught In or Between
52 Injured by Lifting 93 Multiple Cut / Puncture / Scrape
53 Injured by Holding / Carrying 94 Multiple Slip / Fall
54 Injured by Pushing / Pulling 95 Multiple Strain / Sprain
55 Injured by Reaching / Overexertion 96 Multiple Strike / Step
56 Injured by Twisting / Overextension 97 Multiple Struck By
57 Misc. Strain / Sprain Injuries 98 Multiple Combinations

State Office Building Renovation 00 73 19-93 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Accident / Illness Report

To the injured employee’s supervisor:

Please investigate your employee’s injury or illness & indicate actions taken to prevent recurrence:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

Signed: ___________________________ Date: ____________

For Gilbane Superintendent’s Comments: _________________________________


_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

Signed: __________________________ Date: ____________

For Gilbane Project / Safety Manger Use:

1) Who is responsible for correction? ____________________________________


2) Has corrective action been taken? YES NO
3) If “NO”, why not? _________________________________________________
_____________________________________________________________________

Project / Safety Manger Comments & Corrective Actions Taken: __________________


_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

Signed: ___________________________ Date: _______________

Distribution: Job File


Regional Safety

APPENDIX K – SUBSTANCE ABUSE PROGRAM CONSENT FORM

State Office Building Renovation 00 73 19-94 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
State Office Building & New Parking Garage
Substance Abuse Program

CONSENT FORM

Date:__________________ Contractor/Subcontractor:_______________________________

Applicants name:_____________________________________ Date of Birth ___/____/____

Local Home Address:___________________________________________________________

Soc. Sec #:___________________________________ Position/Craft:____________________

Company Phone:_____________________________ Home Phone:_____________________

Have you worked on the State Office Building & New Parking Garage since ______________?

____ Yes ____ No If yes, for what contractor? _____________________________________

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.

If approved for Employment or Presently Employed:

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

State Office Building Renovation 00 73 19-95 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX L – HAND PROTECTION REFERENCE

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

State Office Building Renovation 00 73 19-96 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
iv) Trimming temporary plastic walls
v) Cutting/scoring paper, vinyl tiles, etc.
f) Sharpening knives, saws and blades
g) While pulling wire in or around electrical panels
h) While performing Energized Electrical Work (EEW) operations
i) During use of impact-type tools:
i) Using impact hammers to chip concrete
ii) Using jackhammers on concrete and similar operations
iii) Using fence post drivers for driving posts and/or stakes
iv) Using power-actuated power tools
j) During welding operations
k) While operating a grinder:
i) The grinding helper shall also utilize gloves to prevent impalement by flying debris
l) Working on or near materials affected by extreme temperatures:
i) Mechanics working on or around hot parts
ii) Workers performing operations around refrigerant or argon lines
m) Handling hazardous materials which require the use of hand protection to avoid skin
contact, as indicated on the material Safety Data Sheet (MSDS) for the material, to include
but not limited to:
i) Paints, solvents, adhesives, caustics or corrosives
ii) Petroleum products such as gasoline, diesel, hydraulic fluids and used motor oil
iii) Working with glass materials where the edges are exposed and present a hazard
iv) Personnel involved in the removal and handling of trash
v) Protective gloves may be worn for hand protection in the Clean Rooms when hands are
exposed to hazards described by this procedure. Clean Room Protocol should be contacted to
review glove selection for work performed within the Clean Room
2) Different exposures require the use of different types of gloves. Evaluate each situation to ensure
which is the appropriate type of hand protection. (See chart below)

OPERATION GLOVE TYPE


Energized Electrical Work (EEW) Electrically insulated-rated rubber gloves with
leather protectors
Welding operations Gauntlet-type leather welding gloves
Grinding Operations Tight-fitting leather gloves
Exposure to sharp edges & metal burrs (handling Cut-resistant gloves (Kevlar® or tight-fitting
ductwork, metal studs) leather)
Utility knives, hacksaws, & cross-cut saws Cut-resistant gloves (Kevlar®)
Concrete work Rubber or leather gloves
Exposure to petroleum products Chemical-resistant gloves per the MSDS
requirements & manufacturers requirements

State Office Building Renovation 00 73 19-97 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
OPERATION GLOVE TYPE
(Neoprene, PVC, Nitrile or Rubber) *
Exposure to hazardous materials such as solvents, Chemical-resistant gloves per the MSDS
paints, adhesives, etc. requirements & manufacturers requirements
(Neoprene, PVC, Nitrile or Rubber) *
Working around machinery Tight-fitting leather gloves should be utilized when
hand protection is necessary around rotating
equipment to prevent entanglement of gloves/hands
in machinery
Proximity & exposure to excessive heat, or hot Kevlar® heat resistant gloves and sleeves
piping and equipment
Using saws – portaband, and reciprocating Tight-fitting leather gloves
Handling wire rope/rigging Tight-fitting leather gloves
Handling glass Cut-resistant gloves - Kevlar®
Handling wood Tight-fitting leather gloves
GLOVES*
Neoprene – Protects from acids, caustics, oils, greases and many solvents
PVA – protects from aromatics, ketones and chlorinated solvents (Xylene, Trichloroethylene)
Butyl – protects against common organic acids and caustics, alcohols, esters, acetone and ketones
PVC – protects against chemicals, oil and greases, acids and petroleum hydrocarbons
Nitrile – protects against greases, oils, acids and solvents

State Office Building Renovation 00 73 19-98 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX M – GILBANE STRETCH AND FLEX PROGRAM - EXAMPLE

State Office Building Renovation 00 73 19-99 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX N – INJURY MANAGEMENT AND RETURN TO WORK PROCEDURES

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.

Setting up project for Injury management program;

Identify Occupational clinic:


At Project Award, the Gilbane BU Safety Manager or Project Manager shall advise Liz Millette of
Gilbane Insurance group of project location.
Liz Millette will advise as to the contact info for the designated Occupational health clinic

Meet with Occupational clinic:


Gilbane Project Manager and Safety manager will meet with administrators of Occupational clinic and
provide our contact information, advise of the project’s Return to Work and injury management
procedure.

Modified Duty assignments:


Contractor Supervisors shall develop potential modified (aka ‘light’) duty assignments in advance. In
developing Modified Duty assignments it is recommended to:
 Identify ways to modify existing job duties that meet medical restrictions.
 Indicate physical requirements for job tasks (bending, stooping, sitting, standing, weight / force
required to complete task).
 Focus on what the employee can do rather than the tasks that cannot be done.
The injured worker’s Supervisor and Gilbane Superintendent or Safety manager will advise the treating
physician of the project’s Return to Work policy, discuss the employees duties and available modified
duty assignments, and work with the Physician for specific work limitations consistent with modified
duty assignments available. Modified duty assignments shall be within the physicians orders, and in
accord with Union trade jurisdiction, (if applicable). See list below.

State Office Building Renovation 00 73 19-100 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Align with local Hospital E.D.:
Have the designated Occupational clinic meet with the local Hospital Emergency Department director to
ensure that the E.R. physicians send notification of any employee injury treated in the E.D., to the
Occupational Clinic for follow up.

Injury treatment determination:

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.

General Return To Work Procedures

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

Contractor Superintendent/Supervisor Responsibilities:


 Assess the medical emergency, secure first aid and coordinate with Gilbane for the transport of the
injured employee to medical assistance.
 Go with the injured employee (if possible) to provide employer, employee and insurance information.
 Stay with the injured employee to arrange transportation home, if required, and to get the treating
physician's diagnosis as to the extent of injuries and possible recover time ensure that the accident is
properly investigated and reported to Gilbane immediately. If accident-related drug testing is
required, the Contractor Supervisor shall ensure that this is done in a timely manner.
 Notify Gilbane Project Superintendent and Safety manager and their own insurance administrator of:
 Questionable injury;
 Possible third party responsibility;
 All communications and correspondence from the treating physician and facility

State Office Building Renovation 00 73 19-101 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
 Coordinate with their respective Project Superintendent or Safety Coordinator to return the injured
worker to a modified job, based on the physician's evaluation and recommendation, and notify
Gilbane Superintendent and Safety Manager of this assignment. (see list of possible Modify Duty
assignments below.)
 Continue to work with his/her Project Superintendent and/or Safety Manager to identify tasks suitable
for injured workers with varying levels of physical limitations.
 When the worker is fully recovered and released by the physician for regularly assigned duty, the
Contractor Supervisor shall return the worker to the job using any prescribed work conditioning and
strengthening processes.

Injured Employee Responsibilities:


 The injured employee, when able, shall assist the Contractor Supervisor and/or Project Safety
Manager with accident facts.
 Assists with getting the following modified work program forms to the treating physician:
 Physician notification letter
 Modified duty, identified job tasks
 Ensure that all forms related to their injury and treatment are completed by the treating physician and
submitted to the Contractor Superintendent and/or Safety Manager promptly.
 The employee shall carefully follow the physician's guidelines and restrictions for modified work and
shall faithfully report for all appointments required for medical treatment, therapy and evaluation.
 Realizing that full recovery is beneficial to both the individual and the employer, the injured worker
shall agree to follow the physician's recommendations and requirements for recovery, both at home
and at work.

Contractor Safety Manager Responsibilities


 (if none, then these shall be carried out by Contractor Supervisor)
 Complete all accident reports and notify all affected agencies and Gilbane Superintendent and Safety
immediately.
 Regularly call or visit the injured worker to assist with needs and recovery.
 Supply all program forms and shall see that the employee is properly notified of:
 Availability of modified work;
 Release of the injured worker to enter the Company program
 Such notification will be made using the Employee Notification of Release to Modified Work form.
 If employee remains on time loss benefits over fourteen (14) days, the Contractor employer shall have
his/her insurance administrator contact his/her respective insurance company Claims Examiner and
facilitate further claim activities. Coordination should continue between the insurance company, the
Contractor Project Superintendent/Safety Coordinator and the Successful Bidder's immediate
supervisor.
 Copies of all completed Modified Work Program forms shall be provided to Construction Manager
and Contractor’s respective insurance company to assist in claim processing.
 The contractors Insurance Administrator shall regularly check with their respective insurance
company Claims Administrator and the injured employee to monitor medical status, recovery and
return to regular duties.

State Office Building Renovation 00 73 19-102 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Upgrading Modified Duty Release To Full Duty Status
 If the injured employee has gradually taken on an increasing work load with his/her physician's
permission and is now doing regular duty work, then the employee shall obtain a signed regular duty
work release from the physician.
 A copy of the work release is to be given to the Successful Bidder's insurance administrator, its
Superintendent, Safety Manager with a copy to its insurance company and Gilbane.
 If the injured employee is not gradually taking on regular duties, he/she must see his/her physician at
least every fourteen (14) days to obtain a continued Modified Duty release with current restrictions.
These restrictions must be in writing from the physician and returned to the Successful Bidders
insurance administrator, Successful Bidder's Superintendent/Safety Coordinator and Construction
Manager.
 Modified duty is restricted to a maximum of six (6) weeks, at which time the Successful Bidder and
its insurance company should make a complete review of the case and a formal decision concerning
further modified work employment.

Modified Duty assignments:


Contractor Supervisors shall develop potential modified (aka ‘light’) duty assignments in advance.
The injured worker’s Supervisor and Gilbane Superintendent or Safety manager will advise the treating
physician of the project’s Return to Work policy, discuss the employee’s duties and available light duty
assignments and work with the Physician for specific work limitations consistent with light duty
assignments available. Light duty assignments shall be within the physicians orders, and in accord with
Union trade jurisdiction, (if applicable).
Possible light duty assignments include: Inventory materials, inspection of equipment, tools, electric
cords and leads, and fall protection equipment, sweeping, etc.

Injury treatment recommendations:


The injured workers Supervisor and Gilbane Superintendent or Safety Manager will review the following
list of ‘first aid’ treatments with the treating medical professional, or Project Emergency Medical
Technician, if assigned, so that the treating medical professional can make an informed decision when
administering needed treatment.

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.

Typical treatments normally considered as First Aid Injuries include:

• Application of antiseptics during a first visit to medical personnel;


• Treatment of minor (first degree) burns;
• Application of bandages (including elastic bandages) during a first visit to medical personnel;
• Irrigation of eye injuries and removal of non-embedded objects;
• Removal of foreign bodies from a wound using tweezers or other simple first aid technique;

State Office Building Renovation 00 73 19-103 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
• Use of non-prescription medication and administration of a single dose of prescription medication
on a first visit to medical personnel for minor injury or discomfort.
• Soaking, application of hot-cold compresses, and use of elastic bandage on sprains immediately
after injury (initial treatment only);
• Application of ointments for abrasions to prevent drying or cracking;
• One time administration of oxygen, for example after exposure to toxic atmosphere; and
• Observations of injury during visits to medical personnel, including hospitalization (for less than
48 hours) for observation only for a blow to the head or abdomen, or exposure to toxic
substances.
• Using a non-prescription medication at nonprescription strength (for medications available in
both prescription and non-prescription form, a recommendation by a physician or other licensed
health care professional to use a non-prescription medication at prescription strength is
considered medical treatment for recordkeeping purposes);
• Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies
vaccine, are considered medical treatment);
• Cleaning, flushing or soaking wounds on the surface of the skin;
• Using wound coverings such as bandages, Band-Aids™, gauze pads, etc.; or using butterfly
bandages or Steri-Strips™ (other wound closing devices such as sutures, staples, or medical
glues, etc., are considered medical treatment);
• Using hot or cold therapy;
• Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc.
(devices with rigid stays or other systems designed to immobilize parts of the body are considered
medical treatment for recordkeeping purposes);
• Using temporary immobilization devices while transporting an accident victim (e.g., splints,
slings, neck collars, back boards, etc.).
• Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;
• Using eye patches;
• Removing foreign bodies from the eye using only irrigation or a cotton swab;
• Removing splinters or foreign material from areas other than the eye by irrigation, tweezers,
cotton swabs or other simple means;
• Using finger guards;
• Drinking fluids for relief of heat stress.

The following are typical examples of diagnostic/preventive procedures that may also be
classified as a First Aid Injury:

• X-ray examination with a negative diagnosis (will be ‘MTI’ if positive);


• Physical examination, if no condition is identified or medical treatment is not administered; and
• One time dose of prescribed medication, for example a Tetanus Injection or Pharmaceutical.

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.

State Office Building Renovation 00 73 19-104 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Contractor supervisors: Report all injuries to Gilbane immediately and provide all related investigation
and relevant treatment reports.

OSHA Injury Reporting:


General Contractors, Construction Managers and Gilbane shall report to OSHA:
 All work-related fatalities* within 8 hours. AND
 All work-related inpatient hospitalizations**, all amputations and all losses of an eye within 24
hours.
(Note: Report to OSHA by calling OSHA's number at 1-800-321-OSHA (6742), or, calling your closest
Area Office during normal business hours.

*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

Employers do not have to report an event if it:

 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.

State Office Building Renovation 00 73 19-105 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Employers do have to report an in-patient hospitalization due to a heart attack, if the heart attack resulted
from a work-related incident.

Index of Potential Modified Duty Assignments

 Sweep floors on job sites or main office.


 Collect trash on job sites, in parking lots and areas outside building using stick (with nail).
 Ensure all rebar is properly capped.
 Ensure crane operator has completed inspection of machine (level; secure ground?)
 Monitor “secure zone” of crane (swing radius).
 Ensure all containers are properly labeled as per HazCom requirements.
 Inspect fall protection harnesses and lanyards.
 Verify perimeter cables for fall protection are in proper position and are in place.
 Ensure all holes or openings in roof or elevated position are covered, properly guarded, and
marked.
 Inspect ladders. (safety feet; secured; 3 feet above elevated surface?).
 Perform as “fire watch” for welding activities.
 Place polyethylene over stored material.
 Mask surfaces with tape to prep for painting
 Touch up walls, railings, racking (at shop or office) with paint. (Transfer paint from can to
smaller container to reduce weight).
 Oil locks and hinges of doors.
 Inspect fire extinguishers (check for appropriate signage, ensure inspection is up-to date;
unblocked by 3 feet and hanging).
 Inspect emergency eye wash stations (check water flow, ensure solution is not expired, ensure
station is unblocked).
 Check for grounding plugs on electrical cords (report missing grounding plugs)
 Check condition of electrical cords (spliced insulation / exposed wires)
 Conduct data entry functions within the office.
 Empty wastebaskets in offices.
 File paperwork for supervisors.
 Answer telephone.
 Photocopy documents.
 Place labels on mailings / documents.
 Assist with paperwork, as assigned by supervisor.
 Conduct surveys.
 Compile data.
 Proof read documents.
 Inventory parts and supplies.
 Clean water jugs.
 Water office plants.
 Clean employee break room (wipe table and chairs).
 Dust furniture, handrails, and equipment.
 Inventory first aid kits.
 Inventory first aid kits.
 Conduct guard duty at front gate / entrance of company (write down license plate

State Office Building Renovation 00 73 19-106 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
 numbers and take visitor information).
 Develop / update company’s hazard communication program: (NOTE: Most cited
 OSHA violation).
 Update / create chemical, hazardous material inventory list. Identify and
 record all chemicals within all departments.
 Update and catalog all Safety Data Sheets (SDS).
 Ensure all containers are properly labeled with contents and hazard identification labels.
 Assist in fulfilling OSHA compliance / safety program develop. (i.e. Hazcom; Respiratory
Protection; Exposure Control; Lock Out / Tag Out; forklift; fire; emergency preparedness;
workplace violence; personal protective equipment; machine guarding). Utilize the computer /
Internet to assist in the development of programs. (http://www.osha.gov)
 Read safety manual; develop and create quizzes to enhance employee safety
 training and orientation programs.
 Enhance knowledge regarding fall protection (i.e. proper scaffolding). Acquire
 “competent” scaffolding knowledge / skills as per OSHA standard.
 Conduct / lead “toolbox” safety talk discussions
 Monitor utilization of personal protective equipment. (i.e. safety glasses; hard hat;
 hearing protection; work boots)
 Conduct safety inspections using designated checklists

State Office Building Renovation 00 73 19-107 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Task Letter (on your company letterhead)

Date: TIME SENSITIVE: URGENT RESPONSE


REQUIRED
Dr.
Facility: FAX to:
Address: Attn:
Re: Phone:
Claim #:
Employer:
Dear Dr. :

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: – ,

Please check the activities that is released to perform.

____

____

____

____
______________________________________________________________________
Employer’s Signature [Company name] [Address]

Patient is able to perform the tasks checked above.

COMMENTS:_________________________________________________________________

____________________________________ _________________
Doctor’s Signature Date
Cc: Injured worker:
Cc: Attorney, if appropriate:

State Office Building Renovation 00 73 19-108 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Appendix P – Knife Permit

State Office Building Renovation 00 73 19-109 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
APPENDIX Q – LADDER PERMIT

State Office Building Renovation 00 73 19-110 Gilbane Job No. J06930.000


New Parking Garage Safety Plan January 3, 2017
Section 00 73 46

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.

State Office Building Renovation 00 73 46-1 Gilbane Job No. J06930.000


New Parking Garage Prevailing Wages January 3, 2017
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 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

BUILDING and HEAVY & HIGHWAY

Effective: May 1, 2014 through April30, 2018

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

Article Page Number


Preamble 3
Article I, Recognition 4
Article II, Scope of Agreement 5
Article III, Trade Jurisdiction 5
Article IV, Territorial Application 16
Article V, Union Security 16
Article VI, Hiring 17
Article VII, Pre-Job Conference and Competency 18
Article VIII, Council Representatives and Stewards 19
Article IX, Wages 20
Article X, Hours of Work 20
Article XI, Holidays 23
Article XII, Payment of Wages 23
Article XIII, Fringe Benefit Funds 24
Article XIV, Apprentices and Training 27
Article XV, Regulation of Payments to Funds 28
Article XVI, Access to Jobs and Records 28
Article XVII, Foreman 29
Article XVIII, Protection of Rights 29
Article XIX, Health and Safety 29
Article XX, Maintenance of Standards 31
Article XXI, Grievance and Arbitration Procedure 31
Article XXII, Work Stoppages 33
Article XXIII, Obligation and Rights of the Association,
the Union, the Employee, and the Employer 33
Article XXIV, Subcontracting 34
Article XXV, Miscellaneous 34
Article XXVI, Successors and Assigns 34
Article XXVII, Association Construction Program 35
Article XXVIII, Dues Checkoff 35
Article XXIX, Applicability of Agreement 36
Article XXX, Construction Manager/Program Manager 37
Article XXXI, Validity 37
Article XXXII, Expiration Provision 38
Schedule A, Carpenters Employers
(Association Members) 39
Schedule B, Territorial Jurisdiction, Local Unions 42
Schedule C, Carpenters Funds 43
Letter of Understanding 45
NLRB - Declination to Defer 46
Letter of Understanding (Federal Pension Refonn) 47
Letter of Understanding (Prevailing Wage) 48
Letter of Understanding (Health Care Act) 49
Index 50

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

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,


NEW ENGLAND REGIONAL COUNCIL OF CARPENTERS,
LOCALS 24, 43, and 210

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.

SECTION 5. New wood frame construction is defined to


The parties agree that neither will sponsor or include all aspects of carpenter work on new
promote, financially or otherwise, directly or wood frame construction without regard to
indirectly, any group or organization, for the whether it is for residential work. However,
purpose of undermining the other, nor will work on dormitories and other university and
either interfere with, restrain, coerce or college housing shall be performed in
discriminate against any employees or accordance with this Agreement and not the
members in connection with their membership Carpenters Local 723 Agreement and the
or non-membership in the Union or the Revised Connecticut Addendum to the
Association or in connection with any Carpenters Local 723 Agreement. Custom
activities in behalf of the Union or the home construction as currently performed
Association. under the Local 21 0 Custom Residential
Construction Agreement will be performed
ARTICLE II under the terms of the Local 723 Agreement
SCOPE OF AGREEMENT as modified by the Fairfield County Custom
Residential Memorandum of Agreement.
SECTION I.
The provisions of this Agreement shall apply
to the construction, renovation, maintenance ARTICLE III
of or addition to any building or structure and TRADE JURISDICTION
shall apply to heavy and highway construction
work which is defined as the construction, SECTION 1.
improvement, modification, or any addition or The Employer agrees that the Union shall be
repair of roads, parkways, railroad and street the exclusive representative of all employees
railway construction projects, grade perfonning the work described in the Scope of
separations, bridge foundations, pile driving, Agreement, Article II, of this Agreement,
piers, abutments, retaining walls, dams, including, but not limited to, the following
viaducts, shafts, tunnels, subways, track work usually and customarily performed by
elevations, elevated highways, monorails, employees represented by the Union:
graving docks, drainage projects, jetties,
breakwaters, harbors, airport runways, Carpenters, piledrivers, divers and divers
highway and railroad bridges, moveable tenders, and floor coverers, may be assigned
bridges, bascule bridges, lift bridges, bridge all work under this Agreement
machinery, aqueducts, duct lines on roads, interchangeably and applicable rates shall
field shops or shacks used in conjunction with apply as per Article IX, Wages.
a highway project, bridges, sewer lines,
streets, pump stations, hydroelectric plants,
sewage treatment and water treatment plants, SECTION 2. Carpenters
electrical generating plants including nuclear The carpenter claims: Laying out and picking
and other facilities used in connection with up all the tools and cords of his/her trade in
and serving the aforementioned work and the a.m. and p.m. in its entirety.
servtces.
Taking off of line and grade from original
SECTION 2. Wood Frame points set in the immediate work area by the
All carpentry work in residential construction job surveyor for the purpose of performing
as defined below shall be done in accordance carpentry work. There shall be no limitation of
with the terms and conditions of the the Carpenters' use of any layout tool or
Carpenters Local 723 Agreement as modified instrument.
by the Revised Connecticut Addendum to
Carpenters Local 723 Agreement. This

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
rendering and meat processing plants, locks, attached to, stop logs, dam rollers, transfer
dams and bridges, coal yards, sugar refineries, cars, gear head motors, lifts.
ethanol or similar type facilities, bio-mass
facilities, cosmetic facilities, pharmaceutical Setting of all motors and pumps and putting
facilities, post offices, package handling on all pulleys, sheaves and flywheels for
centers, incinerators, co-generation, coal same; and setting of all worm or gear drives
gasification and power plants, automotive, directly coupled to motors; and the making
truck and or similar manufacturing type and setting of all templates and any re-work of
factories, maintenance facilities for cars, the above either on site or the removal of
trucks, trains, planes, buses, bio-research pumps for rework off site.
facilities, the amusement, recreational and
entertainment fields. c. All coal handling machines and drives;
crushers, conveyors, and drafts, whether the
a. Unloading, hoisting, dismantling, erecting, frames be of steel or wood; and all necessary
assembling, lining, and adjusting of all supports shall be assembled by millwrights
machines, shafting, hangers, gears, sprockets except such as are to be fastened by hot rivets.
and chains, belting and all other drives The framing and drilling of all work hoppers
necessary to the transmission of power. as handling machinery either elevated or
conveying. All burning and welding of same.
b. Millwrights shall set all engines, motors,
dynamos, generators, diesel generators, motor d. Stone crushing and gravel washing plants,
restraints, install, measure and align with crushers, screens, revolving or eccentric, rolls,
optical instruments when necessary the fan conveyors, all conveyors, belt, chain,
reactors, control, push and shut-down rods, screw, whether boxes be of steel, iron or
rod pressure housing, drives, guide sleeves wood. The assembling of all train rails, mono
and other related equipment in reactors, rails, overhead cranes or all travelers where no
turbines, castings, combustion chambers and hot rivets are used in assembling same.
all its related components, the attachment of Setting all beams or timbers used in the
the inlet manifolds and exhaust ducts, reception of machinery and drilling of holes,
cylinders, diaphragms, rotors, blade rings, necessary for the foundation whether they be
blade or bucket assemblies, hydrogen coolers, of wood or steel, stone, concrete or other
blower assembles, packing joints on hydrogen materials, whether ratchet or power drills are
coolers, exciter or Alterex and all others, used. The erection and dismantling of
turning gear, extension box, welding of machinery conveyors except that temporary or
extension box, lagging, stretching of coupling portable installations pertaining to Heavy and
bolts or others, perform oil flush, install Highway construction is excluded.
turbine lube oil tank, pumps and related
component skids, filters, thrust bearings, the e. All grain handling appliances, cleaners,
sweating on and shrinking of bearings, clippers, needles machines, car pullers and
couplings, shafts and others, sole plates and grain shovels. The manufacture and erection
machine bases, perform precision grouting of wood leg, spouts and conveyor boxes.
integral to the setting of machinery, using the
following materials, epoxy, wet, non-shrink, f. The erection of steel and/or cast iron legs,
dri-packing or other types, demineralizing, heads or roots and conveyor boxes, framing of
hydromation and mechanical dust systems, all marine legs and ship shovels and the
sensors, air compressors, super chargers, framing of all scale timbers. Setting of all
coolers, boiler controls and linkage, Bailey scales, tract hopper or automatic, all boot
Meters or similar devices and their linkages, tanks, receiving hoppers and devices used for
fluid drives, embedded guides for traveling elevator legs when not electrical appliances.
screens, traveling screens, roller, slide, knife,
lock and sluice gates, limit torques on g. All bin valves, turnheads and indicators, all
mechanical valves, gates and others, tainter necessary shafting bearing and supports, all
valves, limit switches, trips, triggers or drives, rope belt, chain or rawhide, all pulleys,
switches including the brackets that are cable sprockets or gearing and the cutting of

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
machinery before turnover to owner, packing for pumps, pollution equipment,
machining, grinding, milling, broaching, carbon absorbers, heat exchangers, grain,
boring, threading, lapping and keying that may ball, hammer, roller mills and other, crushers
be necessary for any part of equipment, and beaters, hoppers, bins chutes and spouts,
including the starting up, breaking in, trial turn tables, shears, casing machines, robots,
running and operational or functional testing air conveyors, conveyors of all sizes, types,
of any equipment or machinery installed by and styles regardless of the materials they are
the Millwrights. constructed with, including their supports,
people movers, jetways, magnetic separators,
n. When optical instruments such as hoists, feeding machinery, Z-loaders, S-
automatic levels, builders transits, precision loaders, palletizes, Triax equipment,
jig transits, tilting levels, theodolites or other mechanical equipment in scrubbers, pack
precision tools and instruments are used to towers, precipitators, cooling towers and air
locate and set machines, these tools are cooled condensers.
considered a tool of this trade and are to be
used by Millwrights to set their equipment. Sub-Section 2.
The Millwrights shall be allowed a maximum
o. Rock, sand and gravel plants, batch or of fifteen (15) minutes to pick up their
aggregate plants, recycling equipment, personal tools, at the end of the day or shift.
crushers, conveyors, chutes from one piece of
mechanical equipment into another piece of Sub-Section 3.
mechanical equipment, or from a vessel into a Millwright Employers shall furnish all
conveyor, or into other places or mechanical Millwright tools not itemized below. When a
equipment or other mechanical equipment tool crib is in use by the Millwright Employer
used (for the purpose of description only) to to house Millwrights' tools, if it is staffed it
excavate material from one area to another shall be staffed by a Millwright.
from highways, roadways or elsewhere.
The following list of Millwright tools may be
p. Asbestos removal on equipment in which required by the Employer to be furnished by
Millwrights nom1ally remove during the Millwright employee: 1 metal tool box - I
maintenance and repair work. (Removal shall one inch outside micrometer - I set of
be allowed by the Union whose members have standard feeler gages -1 shaft level - protractor
been educated and trained in the safe removal combination square - set 3/8" drive sockets -
of asbestos materials and have a Connecticut set 1/2" drive sockets to 1 1/4"- set open end
State Certified License for asbestos removal.) and box wrenches 3/8" to 1 1/4" Wescott 6",
Any new equipment or technology designed to 8", or 12" - ball peen hammer 16 or 24 oz. -
replace any of the equipment described above set screw drivers and Phillips - 18" level
shall remain in the jurisdiction of the Torpedo level - complete set of Allen
Millwrights. wrenches to 3/8" or 1/2"- flashlight- pair side
cutters - pair channelocks - pair vise grips - 6'
All welding and burning connected with ruler - flex tape 12' - scraper- center punch -
Millwright work as defined herein. hack saw frame - plumb bob-dividers 6" or 8"
- utility knife - cold chisel - magnet - mirror -
q. The setting of variable drives, fans, coal scriber- tin snips - 6" scale - 2 drift pins 2 tap
cranes, truck cranes or other types, including wrenches -chalk line -pry bar.
servicing and the adjusting and aligning of
mechanical equipment within the cranes, crane The Employer shall be responsible for the loss
rails and all other types of rails which would of Millwright tools. In the event of such loss,
carry mechanically activated equipment, the contractor shall be responsible for the
including their alignment, monorail (all sizes), actual fair replacement value of the tools
trolleys, pumps and their associated and/or personal property so lost but not more
components, packaging equipment, than the sum of $I ,250.
refrigerating equipment, chillers, and related
equipment, lantern rings, packing glands,

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.

Sub-Section 4. The removal of flooring when done by


All welding and burning connected with flooring subcontractors in connection with the
millwright work as defined herein. When replacement of flooring.
Millwrights are welding they shall receive an
additional $0.75 per hour above the Sub-Section 2. Carpet and Carpet Systems
journeyman Mill wright hourly wage rate. The term "Carpeting" shall include all
measurmg layouts, remaking, unloading,
Sub-Section 5. Wages and Benefits placing, cutting, fitting, sewing, sizing,
The Millwright wage and benefit package total binding, including accessories, laying,
shall be $0.75 more than the total package of installation of carpet, carpet padding, carpet
the Carpenter. tiles on the job or in the shop.

Sub-Section 6. Apprenticeship Sub-Section 3. Sink Tops and Cabinets


Each Employer subscribes to and agrees to The term "Sink Tops and Cabinets" shall
be bound by the provisions of the include all metal trim and covering for same,
Agreement and Declaration of Trust of the all cork, linoleum, congowall, lino-wall,
Eastern Millwrights Regional Council plexiglass, vinyl wall tile, composition tile,
plastic tile, aluminum tile, and rubber in sheet
Apprenticeship Fund, dated 08-24-06 and
or tile form and application thereof, all Bolta-
as amended. Wall and Bolta-Wall tile and similar products.

SECTION 6. Floor Covering Mechanics Sub-Section 4.


The term "Floor Covering Mechanic" shall be The jurisdiction of the Union includes
synonymous with the tenns "Floor Coverer" installation of all types of tile on walls,
and "Floor Layer" and shall include the work ceilings, floors, including all linoleum,
listed in this Section 6 ofthis Article. plastics, composition, cork, asphalt, rubber,
astro turf, etc., and all metal beading and
Our claim of jurisdiction in floor covering preliminary work in connection with the same
extends over the following: and all substitutes for the above mentioned
materials, all manner of carpet and rug, both
Sub-Section 1. Resilient Floors broadloom and modular tile. All sewing,
The term "Resilient Floors" shall consist of binding, serging and repairing of carpet either
and include the unloading, handling, by hand or power machine. Cleaning,
stockpiling, distribution, installation on walls, vacuuming, and scrapping up of carpet after
scrapping up, floors and ceilings, and laying of installation shall be assigned to Floor coverers.
all designs and systems of wood block, wood
plank, wood composition, cork, linoleum, SECTION 7.
sheet vinyl, asphalt, vinyl composition tile, If there is a jurisdictional dispute, the question
mastic plastic, rubber tile, poured composition concerning work assignment shall be resolved
floors, either nailed, troweled, or laid-in, or under the terms of Article III, Section 9 and
with glue composition or substitute material, not under Article XXI.
all necessary preparation of sub-surfaces as
above, access flooring, electrical flooring, and SECTION 8.
laminates flooring. All necessary preparatory In addition to the work set forth in Section
work: cleaning, scraping, sanding, latexing, above, the Employer may also assign
filling of holes, joints, fractures, nailing, employees covered by this Agreement to any
laying paper or other leveling underlayments work that is a part of or integral to any
such as latex, mastic, etc., and the spreading structure being built under the terms of this
and spraying of adhesives and pastes or any Agreement.
glue composition or substitute material. The
15

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
SECTION 9. Jurisdictional Dispute Procedure. All Carpentry work (including building and
There shall be no strikes, picketing or lockouts heavy and highway work) performed in
over any jurisdictional dispute. Any Maine, Massachusetts, New Hampshire,
assignment resulting in a jurisdictional dispute Rhode Island, and Vermont shall be performed
may not be grieved or arbitrated, except as set in accordance with the terms and conditions of
forth herein. In the event a jurisdictional the local area agreements of the Carpenters
dispute arises, the disputing Unions shall Local Unions in Maine, Massachusetts, New
request the other Union or Unions involved to Hampshire, Rhode Island, and Vermont.
send representatives to the job site to meet
with representatives of the Union and Association contractors signatory to the
Employer to settle the dispute. statewide Connecticut Agreement are bound
only by the duration and tetmination
The dispute will be submitted to Arbitrator provisions of this Connecticut Agreement and
Larry Katz or Arbitrator Peter Adomeit. The are not bound by the duration and termination
Arbitrators shall be selected in rotating order. provisions of the Carpenter local Union
If an Arbitrator is not available to hear the agreements in the other New England states.
dispute within ten (I 0) days, he shall be When a contractor bound by its membership in
skipped and the next Arbitrator in rotation the Multi-Employer bargaining group properly
shall be selected. If necessary, the Arbitrator tenninates its participation in this Agreement
and all parties shall make themselves available at the expiration of this Agreement, the
for an evening hearing. The hearing will be contractor is not bound by the Carpenter local
completed within one (1) day, and the Union agreements in the other New England
Arbitrator shaH issue his decision within forty- states, because the contractor had been a
eight (48) hours of the close of the hearing. If signatory to this Agreement.
one of the disputing Unions refuses to attend
the hearing, the arbitration will proceed with SECTION2.
the other Union and the Employer. If It is agreed that the Union shall be recognized
requested by either Union or the involved as the representative for the employees
Contractor, a written Opinion and Award shaH performing the work covered by this
be issued by the Arbitrator within thirty (30) Agreement within the geographical
days. The decision of the Arbitrator shall be jurisdiction of the Union as set forth in
on the basis of industry practices within the Schedule B, attached. Where the Employer
geographical area covered by the local Union employs employees in two different areas
where the dispute occurs, the efficiency and covered by different Union contracts, the
economy of operation (but without Union in the local area shall be responsible
consideration of the comparative wage and for the contract covering employees employed
benefits paid to the disputing trades). Fees within its jurisdiction. The place where an
and expenses shall be shared equally and shall employee reports for work shall detennine the
be paid one-third by each of the involved jurisdiction involved.
Unions and one-third by the involved
Contractor. Any such decision shall not result
in damages being assessed against the
Employer, double staffing, rework, or any ARTICLE V
other punitive provision. UNION SECURITY

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
SECTION 2. SECTION 5.
All workers employed by the Employer for a The Employer agrees to directly employ a
period of seven (7) days continuously or minimum of two carpenters in the aggregate as
cumulatively within the unit covered by this a company or a firm on projects where work
Agreement shall, as a condition of covered by this Agreement, as defined in
employment, tender the full and uniform Article IV, Territorial Application, is
admission fees in effect in the Union. All performed if it has not employed a minimum
workers accepted into membership shall of two carpenters in the last ninety (90) days.
thereafter maintain their membership in good If a contractor in the aggregate as a company
standing in the Union as a condition of or a firm has not worked in the prior six
employment. months, the ninety day period commences
when the Employer resumes working again.
SECTION3.
In the event that a worker fails to tender the
admission fee or that a member of the Union
fails to maintain his or her membership in ARTICLE VI
accordance with the provisions of this Article, HIRING
the Union shall notify the Employer in writing
and such notice shall constitute a request to SECTION 1.
the Employer to terminate said individual When the Employer needs additional or new
within forty-eight ( 48) hours for failure to employees, he/she shall give the Union equal
maintain continuous good standing in the opportunity with all other sources to provide
Union in accordance with its rules above suitable applicants, but the Employer shall not
referred to in this paragraph and the Employer be required to hire those referred by the Union
shall terminate such worker at the end of such except for the obligations in Article X, Section
period. The Union agrees to indemnify, defend 5b.
and hold the Employer harmless from any
claim arising from any such termination. SECTION 2.
Employers may conduct drug and
SECTION 4. testing of applicants and employees, and
In the event that the Union does not accept any such testing must conform to state and
into membership any worker tendering the federal law. Employers shall have
admission fee and the regular monthly Union
available on site information supplied by
fees, the foregoing paragraph shall not be
the Carpenter Health Fund Assistance
applicable, provided however, that the Union
may at any time thereafter, decide to take such Program concerning drug and alcohol
worker into membership, in which case said abuse. However, Employers who have not
worker shall be required to tender full and previously applied for approval prior to
uniform admission fees in effect in the Union April 30, 2014 from the State of
not later than seven (7) days following Connecticut for the "high risk" safety
notification by the Union and shall thereafter sensitive designation shall not be allowed
be required to maintain his or her membership to conduct drug testing in accordance with
in accordance with the provisions of the Connecticut laws. The Employer must
foregoing paragraph. In the event that such maintain the "high risk" designation in
worker fails to comply with this paragraph, the
order to continue such drug testing. A
Union shall notify the Employer and the
substance abuse professional selected by
Employer shall terminate the employment of
such worker within forty-eight (48) hours. The the Union shall monitor and review
Union agrees to indemnify, defend and hold procedures, reliability and confidentiality
the Employer harmless from any claim arising for compliance with Connecticut State
from any such termination. An Employer that law. A Committee will be set up with an
has hired a non-member shall be required to equal number of Union and Employer
provide notification to the Union on the day of representatives to review the
hire.

17

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
recommendations of the Substance Abuse SECTION 3.
professional. Employers who have not Employers shall be restricted in their
previously conducted pre-employment employment of carpenters to those carpenters
physicals prior to May 1, 2002 shall be who normally work in the geographic
prohibited from conducting physical jurisdiction area of the local Union where the
exams. However, Employers may require project is located.
employees to participate in a base line
Notwithstanding any language to the contrary
examination program in connection with
in any area collective bargaining agreement,
work on hazardous environmental sites for work in Connecticut, Maine,
when required by law or contract Massachusetts, New Hampshire, Rhode Island
specifications, pursuant to project specific and Vermont, the Employer shall have the
health and safety plans. Any such right to employ any carpenter who normally
examinations shall be limited to testing for works within any of the six New England
the exposure to hazardous chemicals and States pursuant to the following conditions:
metals and for respiratory function related
to specific hazardous substances and for a. The carpenter employee has worked a
respiratory function related to specific minimum of three (3) weeks for the Employer
hazardous substances and conditions on in the previous five (5) months.
the job site. The medical release form
b. If the Employer fails to notifY a local
signed by the employee shall limit the
Union prior to commencing work on a project
testing lab or medical provider to release, in that local's geographical jurisdiction, the
to the Employer, only the test results Employer shall lose the mobility of manpower
described above and no other medical privileges for that project, and the Employer
information. shall be restricted in its employment of
carpenters to those carpenters who normally
Pre-employment Drug Testing work in the geographical area of the local
"Quick Test" Union where the project is located.
If an employee referred to a job is given a
"quick" drug screening test and fails to c. No employee shall be required to work in a
achieve a passing result on that test and is not geographical jurisdiction outside of his/her
put to work subsequent to the "quick" test, a home state.
full drug test shall be given as a follow-up to
the "quick" test. If the results of the full test d. Employers shall not retaliate or discriminate
are negative, then the individual shall be paid against employees who refuse to work outside
eight (8) hours per day for any work of their home state.
opportunity lost from the time of the original
"quick" test; but if the results of the full test e. If there is no available work, other than
are positive, the individual will receive no work outside his/her home state, the Employer
payment for time not worked. shall lay off that employee so that he/she is
eligible to apply for unemployment benefits.
"Long Test"
If the employee is given the full drug
screening "long test" for which the results are ARTICLE VII
not provided for two (2) or more days, and the PRE-JOB CONFERENCE AND
test results are negative (i.e.; individual is COMPETENCY
clean) for drug use, he is entitled to a day's
pay for each day even if he was not put to SECTION 1. Pre-Job Conference
work; and if the results are positive (indicating All Employers prior to starting work on any
drug usage), he is entitled to pay for any actual project shall contact the local Council
hours worked on days prior to receiving the Representative to discuss the type of work to
results. be performed, workforce needs, the schedule,
utilization of contractor's work forces and
18
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
other matters pertinent to the work so that the ARTICLE VIII
work will be performed in an efficient COUNCIL REPRESENTATIVES AND
professional manner. So that the Employer STEWARDS
may keep the Union fully informed of all new
construction projects in the territorial SECTION 1.
jurisdiction of the Union, the Employer shaH A steward may be appointed by the
supply each Connecticut local Union with a representative of the Local Union who has
list of current jobs not less than monthly. territorial jurisdiction in the area where the job
is located.
SECTION 2.
There shall be no discrimination in hiring, Council Representatives shall have access to
placement, classification, upgrading, layoff, or the Employer's jobs, projects, plants or shops
termination of employment of any individual during working hours for the performances of
by reason of the following protected their duties, including consulting with and
categories as defined in federal and state law, assisting the stewards, investigating working
race, religious creed, color, sex, national conditions, compliance with the terms of this
origin, age, sexual orientation, marital status, Agreement, and inspecting the time cards of a
ancestry, occupationally irrelevant physical particular employee, providing they first
defects, disabilities, reasonable report their presence on the job to the project
accommodation to disabilities under the office or plant superintendent.
Americans with Disabilities Act, past or
present history of a mental disorder, genetic SECTION 2.
background or prior conviction of a crime, The Employer recognizes the right of the
Union or concerted activities, or membership Council Representative to appoint and remove
or non-membership in the Union. The Union the steward to handle such Union business as
and the Employer agree to support and may be delegated to him/her from time to time
actively participate in any Affirmative Action and to see that the terms of this Agreement are
Program developed by the U.S. Department of complied with by the Employer and
Labor or other federal agency or which may employees. A steward shall not have authority
be required by law to promote Equal to take any strike action or any other action
Employment Opportunity in the industry, and interrupting the Employer's operation or
to develop Affinnative Action Programs business. It is agreed that the second carpenter
which are mutually satisfactory. on the job shall act as the steward. On jobs or
projects where more than one Employer is
SECTION 2(a). working a specific job or project site,
Employers may include in their Affirmative additional stewards may be appointed for and
Action Program, goals for the hiring of from the payroll of any other contractor or
apprentices who are residents of municipal subcontractor.
housing when they have work in that
municipality and positions for apprentices are SECTION 3.
open. A11 such apprentices must be hired in There shall be no discrimination against any
conformance with Article XIV, Section 6. steward for the performance of his/her duties
or enforcing compliance with this Agreement.
SECTION 3. A steward shall be allowed a sufficient amount
The Union agrees to refer to the Employer of time without loss of pay to perform the
competent workers to the extent available. The following duties:
Union shall not be liable for any acts or
actions by any workers referred to the (a) Examination of dues books of all
Employer, since the Employer only is employees covered by this Agreement on the
responsible for judging the competency of job to determine their good standing as
workers. All Employers are at liberty to provided herein.
employ and discharge whomsoever they may
choose and all carpenters are at liberty to work (b) Interview all newly-employed employees
for whomsoever they choose. covered by this Agreement on the job, project,

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.

SECTION 5. Millwright Construction


The steward shall be the only steward on the The total wage and benefit package is set
project and shall be a working steward who is forth in the current Eastern Millwright
qualified to perform the work to which he/she Regional Council Agreement.
is assigned. On large projects the Union may
appoint additional stewards for separate Residential Woodframe Construction
companies after notice to the Employer. The total wage and benefit package is set
forth in the Revised Connecticut
SECTION 6.
Whenever there is overtime on a job, project Addendum to the May 1, 2014- April30,
or at a shop, the steward shall be part of the 2018 Carpenters Local 723 Wood Frame
working force, if he/she is qualified and able Agreement. However the effective dates
to perform the available work. for the wage and benefit increases will be
May 5, 2014.
ARTICLE IX
WAGES ARTICLE X
HOURS OF WORK
SECTION 1.
The following minimum hourly wage rates SECTION l(a).
for journeyperson Carpenters and Joiners, Unless otherwise provided for in the
pile drivers, floor coverers and divers Agreement the regular starting times for any
working under this Agreement shall apply: operation(s) on the job shall be decided by the
Employer, but shall fall within the hours of
6:00 a.m. and 8:00 a.m. The Employer shall
Carpenter, Floorlayer, Pile Driver and
notifY the Council Representative of the
Diver Tender Wages: starting times and any changes. Once starting
May 5, 2014 $31.00 times have been established they must be
adhered to for a minimum of one ( 1) calendar
Carpenter-Welder - When performing week. Any employee called in or required to
welding work on Building Projects Only commence work prior to 6:00 a.m. shall be
Wages: compensated at one and one-half times his/her
May 5, 2014 $31.75 regular rate for all time worked prior to his/her

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.

SECTION 5(c). Shift operations will be scheduled for a


The employee shall perform whatever duties minimum period of three (3) days. Any work
are assigned him/her within the scope of this performed on shifts other than the regular
Agreement. work day as defined in Section l(a) shall be
compensated in accordance with the shift rates
SECTION 5(d). in Section 7.
The two (2) hours pay provision of Section
5(a) shall not apply if the Employer notifies SECTION 8(a)
the employee prior to his/her leaving for work On projects subject to a government agency's
that there is no work available on a given day or railroad's prohibition, limitation or
because of adverse weather conditions. The restriction of the times and days when work
Employer and the steward may establish other may be performed, the Employer may
systems of notification to handle adverse schedule work in accordance therewith and
weather conditions. employees shall be paid at the straight time
rate for the first forty hours of work performed
SECTION 6. in a week or eight hours in a day and time and
Employees shall be allowed one coffee break one-half for hours of work over forty ( 40)
not to exceed ten (1 0) minutes during the perfonned in a week or eight (8) hours in a
morning. One carpenter or apprentice will get day, regardless of the time of the day or the
the "coffee and" and deliver it to the other day of the week on which the work is
carpenters, and apprentices. When employees performed. A make-up day may be worked
work ten ( 10) or more hours in a day they with mutual consent. Consent shall not be
shall receive a second coffee break not to unreasonably withheld. The provisions of
exceed ten ( 10) minutes. Section 5(a) of Article X shall apply. On
Building work, prior to the start of the work
SECTION 6(a). involving a prohibition, limitation or
After five (5) continuous hours of work restriction, the Employer will give notification
following the regular lunch break, there shall and relevant documentation to the Union of
be a dinner break not to exceed twenty (20) the prohibition, limitation or restriction.
minutes without loss of pay. If such work is
scheduled to be performed longer than five (5) SECTION 8(b) Private Owners
hours, the dinner break shall be after four and On projects where the bid documents require
one half ( 4~) hours of continuous work. the contractor to work hours other than the
regular work hours set forth in this agreement,
SECTION 7. employees may be assigned, with notification
In the event the Employer has a 2nd or 3rd shift of the Union by the Employer, to work these
operation, employees shall receive payment hours at eight (8) hours straight time. If the
therefore in accordance with the following restrictions are not in the bid documents the
schedule. Employer shall be able to work these hours
with mutual consent. Consent shall not be
1st shift- 8 hours regular rate pay for 8 hours unreasonably withheld. There shall be no
work. make-up days. Four ten (1 0) hour days plus a
2nd shift - 8 hours regular rate pay for 7~ make-up day may be assigned, with the
hours work. mutual consent of the Union and the
3rd shift - 8 hours regular rate pay for 7 hours Employer. Prior to the start of the work
work. involving a prohibition, limitation or
restriction, the Employer will give notification
The first 4 hours after 7 and ~ hours worked and relevant documentation to the Union of
in the second shift or 7 hours worked in the the prohibition, limitation or restriction.
third shift shall be paid at time and one-half
times the normal hourly rate. Hours beyond

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.

SECTION 5. SECTION lb. Remittance Due Date


If an Employer fails to lay off an employee at Each Employer shall file weekly remittance
the completion of work for the day and the reports with the purchase of their benefit
employee reports for work the next morning payment receipt.
and is laid off, he/she shall be paid one day's
wages at the regular rate of wages for the day SECTION lc. Delinquency on Electronic
on which he/she was so laid off. Receipts.
If an Employer shall willfully fail to provide
ARTICLE XIII Electronic Receipts due employees, with their
FRINGE BENEFIT FUNDS weekly paycheck, under the terms of this
Agreement, the Union shall have the right,
SECTION Ia. Electronic Receipts And with two (2) business days written notice to
Weekly Payment the Employer, to have all the employees of
Employers shall make after tax deductions this Employer cease work, any provision
from wages and remit them to the Vacation herein to the contrary notwithstanding, and all

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

ARTICLE XVII SECTION 1.


FOREMAN It shall not be a violation of this Agreement,
and it shall not be cause for disciplinary action
SECTION I. in the event an employee refuses to go through
No foreman or superintendent shall assign or any lawful picket line conducted by any
order any employee not covered by this affiliate of the New England Regional Council
Agreement to perform carpentry work within of Carpenters.
the Union's jurisdiction.
SECTION 2.
SECTION 2. The preceding section of this Article shall not
A superintendent, who is not a member of the apply in emergency situations to protect life or
United Brotherhood, shall not perfonn any property.
carpentry work covered by this Agreement or
use any tools of the trade. The direction of all ARTICLE XIX
carpenter work shall be performed by a HEALTH AND SAFETY
carpenter foreman holding membership within
the United Brotherhood of Carpenters. SECTION 1.
The Employer shall provide a shed for
SECTION 3. Carpenters which shall be heated and lighted.
Where there are four (4) or more Carpenter The Employer shall be responsible up to a
employees employed by an Employer on the maximum amount of $750 for the loss of an
job or project, one shall be a foreman. If there employee's tools by fire or theft while stored
is a card carrying superintendent, there does in such shed after working hours, provided
not need to be a foreman. that an inventory of such tools has been pre-
filed with the Employer. In case of theft, the
SECTION 4. Employer shall be liable only upon evidence
Foremen must belong to the United of forced entry.
Brotherhood of Carpenters and Joiners of
America and shall receive a minimum of three SECTION 2.
dollars ($3.00) per hour above the prevailing The Employer shall take precautions to
provide safe working conditions and safe work

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.

SECTION 3. The decision of the Committee meeting with


There shall be a Committee composed of two the neutral Arbitrator as a Board of Arbitration
representatives from the Union and two shall be final and binding on the parties. The
representatives from the Association. The cost of the neutral Arbitrator shall be divided
Committee shall meet to consider the dispute equally between the parties.
within five (5) working days after the request
for such consideration has been received by SECTION 4(a).
either the Association or the Union. If a grievance is not submitted to the
Notification of a grievance by an aggrieved Committee within fifteen (15) working days
party shall be sent by certified mail, fax or any after the occurrence giving rise to the
other reasonable written method, direct to the grievance in accordance with the provisions of
Association's office, the office of the Union Section 2 above, the grievance shall be
and the office of the Employer. deemed settled in favor of the non-grieving
party.
The dispute shall be deemed settled and
resolved in accordance with the majority vote SECTION 4(b).
of the Committee, and the Committee's The time limits set forth herein may be
decision shall be final and binding upon the extended by written agreement between the
parties to the dispute. When decisions are Association and the Union.
reached by the Committee, a time frame for
compliance of such decision shall be SECTION 5.
established by the Committee. Upon failure to Nothing contained herein shall require the
comply with the decision of the Committee, Union or the Association to process any
the parties are free to take whatever action grievance which in its opinion would be
they deem necessary toward implementation. without merit.

In the event the Committee is bypassed or is SECTION 6.


deadlocked or is otherwise unable to resolve a The parties agree that there will be no strike,
dispute which involves the interpretation or work stoppage, slowdown, picketing or
application of specific provisions of this lockout or threats thereof, but said grievances
Agreement within three (3) working days after or disputes will be submitted to arbitration in
it first meets or should have met, either the accordance with this Agreement. If a work
Association or the Union may submit the stoppage occurs, the Committee or the Board
dispute to arbitration. of Arbitration shall meet within twenty-four
(24) hours and shall return the workers to
The parties shall thereupon either agree upon work and resolve the dispute. In the event that
the selection of a neutral Arbitrator or failing this Article shall conflict with Article XII,
agreement, shall be submitted to an Arbitrator concerning willful non-payment of wages, or
from the following list in rotating order if Articles XIII and XV regarding failure to
available: contribute to Health, Pension, Vacation, or
Apprenticeship and Training Funds, then, in
Peter Adomeit, Larry Katz, Mark Irving. that event, the provisions of this Article shall
not apply. This section shall not apply where
The parties shall make themselves available after five (5) working days notice to the
for an arbitration hearing within sixty (60) Employer or the Union there is a failure by the
days of the submission to an Arbitrator. If a Union or the Employer to comply with a
party fails to make itself available for decision of the Board of Arbitration or
arbitration in sixty days or fails to participate Committee empowered to render a final and
in the Committee process, it forfeits its case binding decision under this Agreement.
and the other party shall prevail and the

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
SECTION 3. but not later than thirty days after the date
Any Employer as defined in Article I, Section payment was due. Upon notification from the
3(a) herein, at any time when this contract is Union, the general contractor agrees to hold
in force and effect, shall be fully bound by the any amounts due and owing to the
tenns thereof, regardless of whether or not it subcontractor to satisfY the subcontractor's
continues its membership in the Association, delinquency.
during the term of this Agreement. In the
event that any Employer who is a party hereto SECTION 4.
shall withdraw its authorization from the It is agreed that the Employer will not sublet
Association, notice thereof shall be given by
the labor or any part or parts of its work or
the Association to the Union as the Employer
withdraws, but the Employer shall not be lump out work on a piece-work basis to any
relieved from the terms of this Agreement worker.
because of such withdrawal.
ARTICLE XXV
SECTION 4. MISCELLANEOUS
When necessary to fulfill the requirements of
any Trust Agreement for participation in any SECTION 1.
Health Plan covered by this Agreement, or the The Employer agrees to provide a suitable
Pension Plan referred to herein, the bulletin board in a conspicuous place where
Association will provide, upon request, the the employees are employed for the posting of
Union with a signed Agreement for each information regarding Union matters by the
individual Employer member of the Union.
Association.
SECTION 2.
ARTICLE XXIV In the event of war, declaration of a national
SUBCONTRACTING emergency or imposition of economic controls
upon wages by any federal authority during
SECTION I. the life of this Agreement, the parties may
mutually agree to reopen this Agreement for
The Employer agrees to notify the Union
re-negotiation of matters dealing with wages,
when and with whom the Employer has
hours or other conditions of employment.
entered into a subcontract for work to be
performed in the territorial jurisdiction of the SECTION 3.
Union, before the work of the subcontractor When an employee is injured on the job,
commences, and shall further state the scope he/she shall be paid eight (8) hours for the day
and approximate starting date of the same. No ofthe injury.
subcontractor shall commence work unless it
is a party to an agreement with the Union SECTION 4. Management Prerogatives.
covering the work to be performed. The Employer shall have full authority to
manage the work, direct the workforce and
SECTION 2. decide all matters, except to the extent the
Any subcontractor on the site shall be covered Employer is specifically prohibited from doing
by and subject to the tenns of this Agreement so by the terms and conditions of this
except where the work covered by this Agreement.
Agreement is awarded or assigned directly to
the Employer by a state, municipal or other ARTICLE XXVI
public awarding authority in accordance with SUCCESSORS AND ASSIGNS
Connecticut law and regulations.
SECTION 1.
SECTION 3. This Agreement shall be binding upon the
Employer, its successors, administrators,
In the event that a subcontractor does not
executors and assigns.
make payment of wages, or contributions to
the Funds enumerated in Schedule C in SECTION 2.
accordance with the terms of this Agreement, The Employer shall not enter into a merger of
then the Union must give the general any type with any other firm or person unless
contractor notice thereof as quickly as possible
34

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
the new firm or owner assumes all accrued SECTION 5.
financial obligations to the employees and If the Union accepts or is a party to any
funds established in the Agreement. Notice of Independent Agreement with any Employer
a merger or sale shall be given in writing to for work covered under this Agreement that
the Union immediately upon consummation of does not include all provisions of this Article
said merger or sale. XXVII, the Association shall have the option,
in its sole discretion to submit the matter to
ARTICLE XXVII arbitration.
ASSOCIATION CONSTRUCTION
PROGRAM SECTION 6.
In consideration of the promises and
SECTION I. obligations of Employers to make
During the term of this Agreement, the contributions to the Association as provided
Employer agrees to pay to the Association, its for herein and to promote work opportunities
successors or assigns, or designee the sum of for Employers and employees working under
ten cents ($.10) per hour for each payroll hour this Agreement and in the construction
worked for pursuant to Article IX, Section 1, industry, and in consideration of services to be
for each of its employees covered by the terms directly and indirectly provided for such
of this Agreement. Employers by the Association, as determined
by the Association, and for the benefit of the
SECTION 2. construction industry generally, and for other
In the event an Employer chooses not to good and valuable consideration (such
contribute to the Association Construction consideration which each Employer hereby
Program, then the same amount will be acknowledges by being bound to or signatory
contributed to the Apprenticeship and Training to this Agreement or an Independent
Fund. In the event an Employer fails to or Agreement), each Employer agrees to all of
refuses to make the contributions to the the provisions of this Article XXVII and
Apprenticeship and Training Fund, the acknowledges that said contractual provisions
provisions of Article XIII shall apply to such were made for the express, direct and
contributions. Neither the Union nor its exclusive benefit of the Association (a third
representatives may encourage or persuade party beneficiary under this Agreement, an
any Employer to ( 1) not to make contributions Independent Agreement, or any other form of
in the amount set forth in this Agreement to agreement or understanding with any
the Association Construction Program or (2) Employer for work covered under this
make such contributions to the Carpenters Agreement for the term of this Agreement).
Apprenticeship and Training Fund rather than Any or all provisions of this Article XXVII
to the Association Construction Program. may be specifically enforced by the
Association.
SECTION 3.
The Union agrees to furnish the Association SECTION 7.
with the following: (a) a copy of newly signed The Employer agrees to hold the Union
individual collective bargaining agreements or hannless from the Union's participation in or
participation agreements requested by the performance of the provisions of this Article.
Association for work covered by this
Agreement; and (b) up-to-date lists of the ARTICLE XXVIII
names and addresses of all Employers who DUES CHECKOFF
have signed an Independent Agreement for the
types of work covered under this Agreement. SECTION I. Dues Assessment.
With respect to all work with newly negotiated
SECTION 4. wage rates, the Employer shall deduct 2.5% of
The Union agrees to propose that all the the total package paid to an individual
provisions contained in this Article XXVII, carpenter (or any other amount subsequently
Association Construction Program, shall be and lawfully decided) for each hour worked by
included in every Independent Agreement for each carpenter working within the territorial
work covered by the terms of this Agreement. jurisdiction of this Agreement. The Employer
shall deduct 2.5% of the journeyperson's total
package from each foreman or superintendent

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
SECTION 3. Remedy coordinate the construction contracts or
Alleged violations of this Article will be construction work and that does not select
processed under the Grievance and Arbitration subcontractors. The Employer recognizes that
Procedure, Article XXI of this Agreement. the Union, pursuant to the National Labor
Any awards issued shall include payment of Relations Act, has the right to request that the
wages and benefits for those employees who Employer provide it with information relating
lost work opportunities. to whether it manages and/or coordinates
contracts or work or selects subcontractors.
SECTION 4. Most Favored Nations Clause This provision does not apply on public
The Union agrees that in the event it grants projects where, pursuant to the laws of the
more favorable terms or conditions, other than State of Connecticut or any subdivision
those contained in this Agreement, to any thereof, the construction manager does not
Employer or Association, the Union will select the subcontractors.
extend those same terms and conditions to the
parties to this Agreement. The Union agrees that a signatory contractor is
not covered by this agreement or bound to the
The Union further agrees that it will not enter subcontracting provision when it acts as a
into any project labor agreements or side letter construction manager if it does not manage
agreements that contain more favorable terms and coordinates contracts or work and does
than those contained in this Agreement not select and determine the subcontractor on
without offering those same terms to the the job.
parties to this Agreement on that project only.
It is also understood that when a signatory
This Section shall not apply to more favorable contractor requests relief pursuant to Article
terms or conditions that are granted pursuant XXIX, the Union will deal with the request in
to the provisions of Article XXIX, Section 1 good faith.
of this Agreement.

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.

New England Regional Council AGC/CCIA Building Contractors

~:li:t «L
Labor Division of Connecticut, Inc.

United Brotherhood of Carpenters


And Joi fA_ ~:jca Local21 0

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

Acoustics, Inc. Carvalho and McDowell


58 Alna Lane Construction, Inc.
East Hartford, CT 061 08 24 Custer St.
West Hartford, CT 0611 0
ADF Industries, Inc.
2718 Berlin Turnpike Ceco Concrete Construction
Berlin, CT 0603 7 23A Old Windsor Road
Bloomfield, CT 06002
Arborio Corporation
231 Shunpike Road Chapel Construction ofNew Haven, Inc.
Cromwell, CT 06416 100 Ashmun St.
New Haven, CT 06511
Baier Construction Company, Inc.
50 East Dudley Town Road C. J. Fucci, Inc.
Bloomfield, CT 06002 63 Russell St.
New Haven, CT 06513
Bartlett Brainard & Eacott, Inc.
70 Griffin Road South Co1111Acoustics, Inc.
Bloomfield, CT 06002-3533 60 Holmes Rd.
Newington, CT 06111
Bismark Construction Co., Inc.
100 Bridgeport Ave. Co1111ecticut Concrete Construction, Inc.
Milford, CT 06460 97 Willenbrock Road
Oxford, CT 064 78
Blakeslee Arpaia Chapman, Inc.
200 North Branford Rd. Corsetti Construction, Inc.
Branford, CT 06405 1885 South Main Street
Middletown, CT 06457
Bond Brothers, Inc.
100 John W. Murphy Dr. Deluca Construction Company
New Haven, CT 06513 27 Crescent St.
Stamford, CT 06906
Brunalli Construction Company, The
109 Summer St. Frank E. Downes Construction Co., Inc.
Southington, CT 06489 200 Stanley St.
New Britain, CT 06050
Cardi Corporation
400 Lincoln Ave. Drywall Associates, Inc.
Warwick, RI 02888 13 Commerce Rd.
Newtown, CT 06470
Carlin Contracting Co., Inc.
454 Boston Post Rd. Epifano Builders, Inc.
Waterford, CT 06385 180 Wan1pus Lane
Milford, CT 06460

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)

Giordano Construction Co., Inc. Milazzo & Company, S.G.


1155 Main St. 148 Dividend Rd.
Branford, CT 06405 Rocky Hill, CT 06067

Harsco Infrastructure Americas Moretrench American Corp.


540 Flatbush Ave. 16 Copicut Road
Hartford, CT 061 06 Assonet, MA 02702

The Hartland Building & Restoration Co. NAC Industries, Inc.


PO Box 614 154 East Boston Post Road
East Granby, CT 06026 Mamaroneck, NY 10543

Kiewit Infrastructure Company


4 70 Chestnut Ridge Rd., 2nd Floor C. H. Nickerson & Co., Inc.
Woodcliff Lake, NJ 07677 49 Hayden Hill Rd.
Torrington, CT 06790
Loureiro Contractors, Inc.
100 Northwest Dr. Noble Construction & Management
Plainville, CT 06062 216 Essex Plaza
Essex, CT 06426
M. Frank Higgins and Co., Inc.
780 North Mountain Rd. O&G Industries, Inc.
Newington, CT 06111 112 Wall Street
Torrington, CT 06790
Macedos Construction, LLC
25 Minneakoning Rd., Suite 200 Partitions, Inc.
Flemington, NJ 08822 75 Charles Street
East Hartford, CT 06108-2022
Manafort Brothers, Inc. Quaker Corporation
414 New Britain Ave. PO Box 368
Plainville, CT 06062 Cheshire, CT 0641 0

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)

Rotha Contracting Company, Inc. J. F. White Contracting Company


40 Waterville Road 10 Burr Street
A von, CT 06001 Framingham, MA 01701

Tomlinson-Hawley-Patterson J. F. White Contracting Company/


2225 Reservoir Ave. Empire Paving Joint Venture
Trumbull, CT 06611 16 Union Ave.
Westfield, MA 01085
Turnbridge Construction, LLC
6 Weaver Circle Yonkers Contracting Company, Inc.
North Haven, CT 064 73 969 Midland A venue
Yonkers, NY 10704
Tutor Perini Corporation
1022 Lower South Street
Peekskill, NY 10566

Union Flooring Installations LLC


11 7 Benedict St.
Waterbury, CT 06706

41

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
SCHEDULED

TERRITORIAL JURISDICTION - LOCAL 24

Central Connecticut Carpenters Local 24


500 Main St.
Yalesville, CT 06492

Telephone: (203)265-6242, Fax: 203-265-4556

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.

TERRITORIAL JURISDICTION - LOCAL 43

Carpenters Local 43
885 Wethersfield Avenue
Hartford, CT 061 14

Telephone: 860-296-2254, Fax: 860-296-8010

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.

TERRITORIAL JURISDICTION - LOCAL 210

Carpenters Local 21 0
618 Main Street
Monroe, CT 06468

Telephone: 203-334-4300, Fax 203-344-4700

Territory: Ansonia, Barkhamsted, Bethel, Bethlehem, Bridgeport, Bridgewater, Brookfield,


Canaan, Colebrook, Cornwall, Danbury, Darien, Derby, Easton, Fairfield, Goshen, Greenwich, Kent,
Litchfield, Milford, Monroe, Morris, New Hartford, New Canaan, New Fairfield, New Milford,
Newtown, Norfolk, North Canaan, Norwalk, Orange, (west of Orange Center Road and south of
Route 1 and west of the Oyster River), Oxford, Oyster, Redding, Ridgefield, Roxbury, Salisbury,
Seymour, Sharon, Shelton, Shennan, Stamford, Stratford, Torrington, Trumbull, Warren,
Washington, Weston, Westport, Wilton, Winchester, Woodbury.

42

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
SCHEDULEC
CARPENTERS FUNDS

The following Employer fund contributions shall be in effect during the term of this
Agreement:

Connecticut Carpenters Pension Fund


Effective Date: Contribution:
5/5/14 $8.10
5/4115 To Be Allocated
5/2/16 To Be Allocated
5/1/17 To Be Allocated
Connecticut Carpenters Health Fund
Effective Date: Contribution:
5/5114 $8.70
5/4115 To Be Allocated
5/2116 To Be Allocated
511/17 To Be Allocated
Connecticut Apprenticeship and Training Fund
Effective Date: Contribution:
5/5114 $0.35
5/4/15 To Be Allocated
5/2116 To Be Allocated
5/1/17 To Be Allocated

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

Connecticut Carpenters Vacation Fund


(Deduction from pay)
Effective Date: Amount:
5/5/14 $0.05
5/4/15 $0.05
5/2/16 $0.05
511/17 $0.05

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
LETTERS OF UNDERSTANDING

The parties have agreed to the following matters:

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.

• Stripping of flat arches;


Metal curb, sidewalk and gutter forms;
• Erection and assembly of metal bin walls;
• When the pile work is performed by a contractor performing work on the contract other than
solely the piles, positioning, placing and pouring of concrete into pipe piles, shell piles and
monotube piling by any method, except that tremi-pours in piles which the parties agree are
in the trade jurisdiction of the pile drivers;
• Unloading, handling, setting and connecting together of self-service refrigerated and frozen
food display cases, and freezers regardless of materials;
• Load Cells; and
• Repair and maintenance of pneumatic hammers and leads at the jobsite.

Locker Installation and Fire Stopping Work

The Union agrees that it will not file subcontract grievances related to the assignment of locker
installation or fire stopping work.

Concrete, Asphalt and Aggregate Plants

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
If the National Labor Relations Board declines to defer the processing of an unfair labor practice
charge due to the fact that the Union can engage in a work stoppage in response to an Employer's
failure to comply with an arbitration award, the Union and Employer will request jointly in writing
that the right to engage in a work stoppage not be the basis for the Board declining to defer to
arbitration.

Contractors
cticut, Inc.

Industries

Date: Qu~ /1 J Jo;/

46

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

This confirms the understanding between 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, concerning federal pension reform legislation.

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.

Executed this --+f+l- day of A~ '2014.

United Brotherhood of Carpenters and Joiners of America, New England Regional


Council of Carpenters, Locals 24, 43, and 210

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

This confirms the understanding between 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, concerning Prevailing Wage laws.

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.

Executed this ( / dayof Ar15 '2014.

United Brotherhood of Carpenters and Joiners of America, New England Regional


Council of Carpenters, Locals 24, 43, and 210

By tiJ: ·r:tfl
Connecticut Construction Industries Association, Inc. and The AGC/CCIA Building
Contractors Labor Division of Connecticut, Inc.

48

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

This confirms the understanding between 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, concerning health care laws.

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.

Executed this / / dayof


7
~ '2014.

United Brotherhood of Carpenters and Joiners of America, New England Regional


Council of Carpenters, Locals 24, 43, and 210

Connecticut Construction Industries Association, Inc. and The AGC/CCIA Building


Contractors Labor Division of Connecticut, Inc.

49

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
INDEX

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

Bargaining Unit 3,26


Bid Documents (work hours) 22
Bonds 28
Building Construction 5-16
Bulletin Board 7,34

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

Deductions 24, 25, 36, Schedule C


Delinquency 24
Direct Deposit 23,24
Discharge and Discipline 23,30,33
Discrimination 19
Dismantling 6-9, 12, 45
Diving Work 10-11
Diving Time (hours worked) 10
Drinking Water 30
Drug and Alcohol Testing 17-18
Dues Assessment Authorization Cards 36
Dues Checkoff 36, Schedule C
Duties 19,22

50

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Subject: Page:
Election Day 23
Elevators 31
Emergency Situations 29
Employee, Competence 19
Employee, Defined 4
Employee Testing 17-18
Employer, Defined 4
Employer, Liability (See Liability) 25,36
Equal Employment Opportunity 19
Equipment, Condition of 31
Expiration Provision 38

Failure to Pay 24,28,32


Favorable Conditions 37
Favored Nation Clause 37
Flat Arch Work 6,45
Flooring 7, 15
Foreman 9,29
Fonns 6-8,45
Foul Weather Gear 21
Friday Work 21, 23
Fringe Benefit Fund Delinquency 24-27
Fringe Benefit Funds 24-27, Schedule C

General Rules (Diving) 11


Geographical Jurisdiction 42
Government and Other Restrictions 22
Grievances and Arbitration Procedure 31-33

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

Inclement Weather 21,22


Injuries 30
Independent Agreement 3,35
Industry Advancement Program Fund 35, Schedule C

Joint Apprenticeship Committee 27


Journeyman Training and Upgrade Program 31
Jurisdiction, Trade 5-16, Schedule B
Jurisdictional Disputes 6, 15, 16
Jurisdiction, Territorial Schedule B

Layoffs 19
Liability 25,36
Load Testing 10

51

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Subject: Page:
Local723 5,20
Lockers 7,45
Lockouts 16, 32,33
Lunch (See Meal Period) 21,22

Maine 16, 18, 36


Maintenance of Standards 31
Management Rights (Management Prerogatives) 33,34
Massachusetts 16, 18,36
Meal Period 21, 30
Mergers 4, 35
Millwrights 11-15
Mobility 15

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

Obligation and Rights 33-34


OSHA 30,31
Overtime Hours and Work 20-23
Owner Prohibition, Limitation or Restriction 22

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

Railroad Prohibition, Limitation or Restriction 22


Rain gear 30
Recognition 4, 5
Records and Reports 28
Regulation of Payments to Funds 3,28
Relief Provision 36
Reopening of Agreement 37
Residential Woodframe Construction 20
Rhode Island 16,18,36

52

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Subject: Page:
Safety 10, 11, 29
Safety equipment 30
Sale, Merger, etc. of Business 35
Saturday Work 21, 23
Savings Clause (Validity) 37
Scaffolds 6, 31
Scope of Agreement 4, 5
Scope of Employment 4
Separation Packet 23
Sewer and Water Treatment Plant Job 5, 13
Shed 29
Shifts 10,11,21-22
Signatmy Contractors Schedule A
Show Up Pay (See Reporting Pay) 21
Starting Time 20-23
Stewards 19-20
Strikes (See Work Stoppages) 33
Subcontracting 34
Successors and Assigns 34-35
Sunday Pay 21
Superintendents 26-27

Ten Hour Days 21


Termination of Agreement 38
Termination of Employment 19
Territorial Application 4, 13, Schedule B
Theft 29
Tide Work 23
Trade Jurisdiction 5-16
Training and Upgrade Program 31
Transfer 4
Travel (Art. XX) 31

UBC Fund 24,26


Union(s) and Local Unions 3, Schedule B
Union and Membership, Dues Fees 35-36, Schedule C
Union Security 16-17

Vacation Fund 24-27, Schedule C


Validity 37
Vermont 16, 18,36

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

Local Union No. 35,


International Brotherhood of Electrical
Workers

and

Connecticut Chapter,
National Electrical Contractors Association, Inc.

June 1, 2014 – May 31, 2018

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Index Page

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

Agreement by and between the Connecticut Chapter, National Electrical Contractors


Association, Inc. (NECA), and Local Union No. 35, I.B.E.W.

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 1.05 There shall be a Labor-Management Committee of three representing


the Union and three representing the Employers. It shall meet regularly at such stated
times as it may decide. However, it shall also meet within 48 hours when notice is given
by either party. It shall select its own Chairman and Secretary. The Local Union shall
select the Union representatives and the Chapter shall select the management
representatives.

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 2.10 An Employer signatory to a collective bargaining agreement or to a letter


of assent to an agreement with another IBEW Local Union, who signs an assent to this
Agreement, may bring up to four bargaining unit employees employed in that Local
Union’s jurisdiction into this Local’s jurisdiction and up to two bargaining unit employees
per job from that Local’s jurisdiction to this Local’s jurisdiction for specialty or service
and maintenance work. All charges of violations of this section shall be considered as a
dispute and shall be processed in accordance with the provisions of this agreement for
the handling of grievances with the exception that any decision of a local labor-
management committee that may be contrary to the intent of the parties to the National
Agreement on Employee Portability, upon recommendation of either or both the
appropriate IBEW International Vice President or NECA Regional Executive Director, is
subject to review, modification, or rescission by the Council on Industrial Relations.

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.

The subletting, assigning or transfer by an individual Employer of any work in


connection with electrical work to any person, firm or corporation not recognizing the
IBEW or one of its Local Unions as the collective bargaining representative of his
employees on any electrical work in the jurisdiction of this or any other Local Union to
be performed at the site of the construction, alteration, painting, or repair of a building,
structure, or any work, will be deemed a material breach of this Agreement.

All charges of violations of Paragraph 2 of this Section shall be considered as a dispute


and shall be processed in accordance with the provision of this Agreement covering the
procedure for the handling of grievances and the final and binding resolution of
disputes.

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:

Journeyman Wireman – Refer to “Attachment A”

 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.

(d) General Foreman and Foreman ratio:

3 Journeymen, One (1) of whom shall be a Foreman

8 Journeymen, One (1) of whom shall be a Foreman

13 Journeymen, Two (2) of whom shall be a Foreman

16 Journeymen, Two (2) of whom shall be a Foreman

23 Journeymen, Three (3) of whom shall be a Foreman

30 Journeymen, Three (3) of whom shall be Foremen and 1 General Foreman

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.

Apprentice Wage & Benefits:

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 3.13 A Journeyman shall be required to make corrections to improper


workmanship for which he is responsible on his own time and during regular working
hours, unless errors were made by order of the Employer or the Employer’s
representative, then the Employer shall notify the Business Manager for the
enforcement of this provision.

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.

(c) No grievance shall be considered unless written notice is delivered by the


aggrieved party to the Union and Chapter within thirty (30) working days from the date
on which the alleged complaint, dispute or grievance first occurred, except in cases
involving fringe benefit payments.

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

Section 4.01 In the interest of maintaining an efficient system of production in the


Industry, providing for an orderly procedure of referral of applicants or employment,
preserving the legitimate interest of the employees in their employment status within the
area and of eliminating discrimination in employment because of membership or non-
membership in the Union, the parties hereto agree to the following system of referral of
applicant for employment.

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.

Journeyman Wireman / Journeyman Technician

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:

Hartford County Entire County excluding Berlin, Bristol, Hartland, New


Britain, Newington, Plainville, and Southington,

Middletown County Townships of Cromwell, Middlefield, Middletown, and


Portland

New London County Townships of Bozrah, Colchester, Franklin, Griswold,


Lebanon, Ledyard, Lisbon, Montville, North Stonington,
Norwich, Preston, Salem, Sprague, Stonington, and
Voluntown.

Tolland Country Entire County - All townships

Windham County Entire County - All townships

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 4.10 An “Examination” shall include experience rating tests if such


examination shall have been given prior to the date of this procedure but from and after
the date of this procedure, shall include only written and/or practical examination given
by a duly constituted Inside Construction Local Union of the IBEW. Reasonable
intervals of time for examinations are specified as ninety (90) days. An applicant shall
be eligible for examination if he has four years’ experience in the trade.

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 4.16 An Appeals Committee is hereby established composed of one member


appointed by the Union, one member appointed by the Employer or by the Association,
as the case may be, and a public member appointed by both these members.

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

2. The employee is on the referral list available for work

3. The employee has not accepted a job with another employer

4. An employee may be recalled one time during the calendar year by the same
employer

5. An employer who employees on average 40 or more employees in the IBEW


jurisdiction may recall up to and including 8 former employees in a calendar year.
All other employers may recall up to and including 5 former employees in a
calendar year.

6. The recall provision cannot include apprentices.

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 local apprenticeship standards shall be in conformance with national guideline


standards and industrial policies to ensure that each apprentice has satisfactorily
completed the NJATC required hours and course of study. All apprenticeship standards
shall be registered with the NJATC before being submitted to the appropriate
registration agency.

The JATC shall be responsible for the training of apprentices, journeymen, installers,
technicians, and all others (unindentured, intermediate journeymen, etc.)

Section 5.02 All JATC member appointments, re-appointments and acceptance of


appointments shall be in writing. Each member shall be appointed for a 3 year term,
unless being appointed for a lesser period of time to complete an unexpired term. The
terms shall be staggered, with one (1) term from each side expiring each year. JATC
members shall complete their appointed term unless removed for cause by the party
they represent or they voluntarily resign. All vacancies shall be filled immediately.

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 5.03 Any issue concerning an apprentice or an apprenticeship matter shall be


referred to the JATC for its review, evaluation and resolve; as per standards and
policies. If the JATC deadlocks on any issue, the matter shall be referred to the Labor-
Management Committee for resolution as outlined in Article I of this agreement; except
for trust fund matters, which shall be resolved as stipulated in the local trust instrument.

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.

Section 5.10 To accommodate short-term needs when apprentices are unavailable,


the JATC shall assign unindentured workers who meet the basic qualifications for

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.

Number of Journeymen Maximum Number of Apprentices/Unindentured


1 to 3 2
4 to 6 4
etc. etc.

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.

Section 5.13 An apprentice is to be under the supervision of a Journeyman Wireman


at all times. This does not imply that the apprentice must always be in sight of a
Journeyman Wireman. Journeymen are not required to constantly watch the apprentice.
Supervision will not be of a nature that prevents the development of responsibility and
initiative. Work may be laid out by the employer’s designated supervisor or journeyman

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.

Section 6.05 The parties agree to participate in a Labor-Management Cooperation


Fund, under authority of Section 6(b) of the Labor Management Cooperation Act of
1978, 29 U.S.C. §175(a) and Section 302(c)(9) of the Labor Management Relations
Act, 29 U.S.C. §186(c)(9). The purposes of this Fund include the following:

1. to improve communications between representatives of Labor and Management;

2. to provide workers and Employers with opportunities to study and explore new
and innovative approaches to achieving organizational effectiveness;

3. to assist workers and Employers in solving problems of mutual concern not


susceptible to resolution within the collective bargaining process;

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;

6. to engage in research and development programs concerning various aspects of


the industry, including, but not limited to, new technologies, occupational safety
and health, labor relations, and new methods of improved production;

7. to engage in public education and other programs to expand the economic


development of the electrical construction industry;

8. to enhance the involvement of workers in making decisions that affect their


working lives; and,

9. to engage in any other lawful activities incidental or related to the accomplishment


of these purposes and goals.

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.

Section 6.06 Administrative Maintenance Fund (AMF) Employers signatory to this


Agreement shall contribute the sum stated in the “Attachment A” to the Collective
Bargaining Agreement per hour for all hours worked by all employees covered by this
Agreement.

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.

Section 6.07 National Labor Management Cooperation Fund


The parties agree to participate in the NECA-IBEW National Labor-Management
Cooperation Fund, under authority of Section 6(b) of the Labor-Management
Cooperation Act of 1978, 29 U.S.C. 175(a) and Section 3.02(c)(9) of the Labor-

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:

1. to improve communication between representatives of labor and management;

2. to provide workers and Employers with opportunities to study and explore new and
innovative joint approaches to achieving organizational effectiveness;

3. to assist workers and Employers in solving problems of mutual concern not


susceptible to resolution within the collective bargaining process;

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;

7. to engage in research and development programs concerning various aspects of


the industry, including, but not limited to, new technologies, occupational safety and
health, labor relations, and new methods of improved production;

8. to engage in public education and other programs to expand the economic


development of the electrical construction industry;

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”.

Joint Apprenticeship and Training 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”.

Employees Benefit Fund

Section 8.06 The contribution shall be bonded in a sufficient amount to cover


payments. The payment shall be made by bonded check and shall constitute a debt
due and owing to the Hospital Medical Benefit Fund Trustees on the last day of each
calendar month. The individual Employer’s payment and a copy of the Employer’s

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

Section 8.07 The contribution 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 Annuity Fund on the last day of each calendar
month. The individual Employer’s payment and a copy of the Employer’s complete
payroll report shall be mailed simultaneously so as to reach the office of the Trustees of
the Annuity Fund and/or the office of an agent designated by the Trustees, 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 payroll report as required and prescribed in this
Labor Agreement shall be subject to a suit initiated by the Trustees of the Annuity Fund
and/or the Connecticut Chapter of the National Electrical Contractors Association, Inc.,
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 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,

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

Should any provision of this Agreement be declared illegal by any court of


competent jurisdiction, such provision shall immediately become null and void,
leaving the remainder of the Agreement in full force and effect and the parties
shall thereupon seek to negotiate substitute provisions which are in conformity
with the applicable laws.

In witness whereof, the parties have executed the Agreement dated May 21, 2014

Signed for Connecticut Chapter Signed for Local Union No. 35


National Electrical Contractors International Brotherhood of
Association, Inc. Electrical Workers

_____________________________ ___________________________
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

June 1, 2014 - June 1, 2015 -


IBEW 35 May 31, 2015 May 31, 2016

Wage $38.10 $38.20


Health Ins $8.20 $9.20 Hours Worked
Pension $6.40 $6.40 Hours Paid
Annuity $7.50 $7.50 Hours Paid
JATC $0.62 $0.62 Hours Paid
LMCC $0.20 $0.20 Hours Worked
AMF $0.23 $0.23 Hours Worked
NEBF 3% 3% 3% gross payroll

Total $62.39* $63.50*

* For quick reference only, the 3% JW NEBF contribution amount is reflected in


the above total

IBEW Local 35 Union Dues: 5% of gross payroll

NECA Service Charge: 1% of gross payroll

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

Apprentice Wage & Benefit Schedule


Prior to June 1, 2010

Non Prevailing Wage


Period Period Period Period Period Period
IBEW 35 1 2 3 4 5 6

JW Wage 40% 40% 50% 60% 80% 90%


Health Ins      
Pension    
Annuity    
JATC 1%      
LMCC      
AMF      
NEBF 3%      

Prevailing Wage
Period Period Period Period Period Period
IBEW 35 1 2 3 4 5 6

JW Wage 40% 40% 50% 60% 80% 90%


Health Ins      
Pension      
Annuity      
JATC 1%      
LMCC      
AMF      
NEBF 3%      

Refer to Attachment A for current Wage & Fringe Benefit rates


% = Percentage of Journey Wireman Wage rate
 = Applicable benefit(s) to be paid

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

Apprentice Wage & Benefit Schedule


New classes commencing June 1, 2010

Non Prevailing Wage


Period Period Period Period Period Period
IBEW 35 1 2 3 4 5 6

JW Wage 40% 40% 50% 60% 70% 80%


Health Ins      
Pension    
Annuity 50% 60% 70% 80%
JATC 1%      
LMCC      
AMF      
NEBF 3%      

Prevailing Wage
Period Period Period Period Period Period
IBEW 35 1 2 3 4 5 6

JW Wage 40% 40% 50% 60% 70% 80%


Health Ins      
Pension      
Annuity      
JATC 1%      
LMCC      
AMF      
NEBF 3%      

Refer to Attachment A for current Wage & Fringe Benefit rates


% = Percentage of Journey Wireman Wage rate
 = Applicable benefit(s) to be paid

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

June 1, 2014- June 1, 2015- June 1, 2016- June 1, 2017-


IBEW 35 May 31, 2015 May 31, 2016 May 31, 2017 May 31, 2018

Wage $38.10 $38.20 $38.65 $39.15


Health Ins $8.20 $9.20 $9.70 $10.20 Hours Worked
Pension $6.40 $6.40 $6.60 $6.85 Hours Paid
Annuity $7.50 $7.50 $7.50 $7.50 Hours Paid
JATC $0.62 $0.62 $0.62 $0.62 Hours Paid
LMCC $0.20 $0.20 $0.20 $0.20 Hours Worked
AMF $0.23 $0.23 $0.23 $0.23 Hours Worked
NEBF 3% 3% 3% 3% 3% gross payroll

Total $62.39* $63.50* $64.66* $65.92*

* For quick reference only, the 3% JW NEBF contribution amount is reflected in


the above total

IBEW Local 35 Union Dues: 5% of gross payroll

NECA Service Charge: 1% of gross payroll

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.

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
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
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
TRADE AGREEMENT

Between the
OPERATIVE PLASTERERS' AND CEMENT MASONS’
INTERNATIONAL ASSOCIATION, LOCAL NO. 262

And the

Independent
Contractors

EFFECTIVE ON OR AFTER AUGUST 1, 2017 TO JULY 31, 2020

TRADE AGREEMENT

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

Article I: Parties…………………………………………………………………………… 3

Article II: Region………………………………………………………………………….. 3

Article III: Other Contracts……………………………………………………………….. 4

Article IV: Union Security………………………………………………………………… 5

Article V: Work Included…………………………………………………………………. 7

Article VI: Hours………………………………………………………………………….. 11

Article VII: Wages and Fringe Benefits……………………………………………………12

Article VIII: Working Conditions…………………………………………………………. 25

Article IX: Shop Stewards, Foreperson and Business Agents…………………………….. 28

Article X: Apprentices…………………………………………………………………….. 29

Article XI: Strikes & Lockouts……………………………………………………………. 30

Article XII: Joint Trade Board…………………………………………………………….. 31

Article XIII: Miscellaneous………………………………………………………………...32

Article XIV: Retroactivity………………………………………………………………….33

Article XV: Period of Agreement…………………………………………………………. 33

Article XVI: Effectuating Clause…………………………………………………………..34

Memorandum of Agreement………………………………………………………………35-39

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
This Trade Agreement is entered into by and between the INDEPENDENT CONTRACTOR
(hereinafter “Employer").
and

OPERATIVE PLASTERERS' AND CEMENT MASONS INTERNATIONAL ASSOCIATION,


LOCAL NO. 262 (hereinafter "Union")

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.

ARTICLE II: REGION

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 3

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.

ARTICLE III: OTHER CONTRACTS

Section 1

No journey person or apprentice performing work as described in Article V of this Trade


Agreement (hereinafter “Plasterer") shall work for any Employer or individual who has failed to
sign a Trade Agreement or is not bound by a Trade Agreement with the Union and does not
comply with the terms and conditions of employment in said Trade Agreement.

Notwithstanding any provision in this Agreement, any signatory Employer employing


any employee(s) who is performing bargaining unit work within the geographic jurisdiction of
New York State shall be responsible for paying fringe benefit contributions to the Local 262
Fringe Benefits Funds on behalf of said employee(s), unless the Employer contributes to the
applicable Operative Plasterers’ and Cement Masons International Union Fringe Benefit Funds
having jurisdiction over the area where the subject work is performed.

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
covered by this Trade Agreement shall be liable for the payment of fringe benefit contributions
due on the job site for work performed by the improper subcontractor and shall be liable to the
Union for an amount equal to the working dues assessment. In the event any subcontractor is
delinquent in the payment of Fringe benefits, or fails to remit working dues check-off to the
Union, then the Local 262 Fringe Benefit Funds shall give written notice thereof to the
Employer, who shall then be required to withhold any sums due to the subcontractor. The
subcontractor, by this Trade Agreement, authorizes the withholding of said sums and in addition
authorizes the Employer to pay such delinquencies directly to the Local 262 Fringe Benefit
Funds and to the Union to the extent that such withheld sums are satisfactory. The Employer
shall contact the Local 262 Fringe Benefit Funds and the Union to ascertain whether the
subcontractor has contributed all required monies to the Funds before the Employer makes final
payment to the subcontractor.

(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.

ARTICLE IV: UNION SECURITY

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
consideration of same, the Employer agrees to permit the Union to send him fifty (50%) percent
of the total number of plasterers he employs as selected by the Union. Such list shall be
established and maintained on a nondiscriminatory basis, and shall not be based on, or in any
way affected by Union membership, by-laws, rules, regulations, constitutional provisions, or any
aspect or obligation of union membership, policies or requirements.

(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.

  (f) Registration of jobs

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
ARTICLE V: WORK INCLUDED

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
All preparatory work regardless of the method of application or tools used shall be
considered the work of 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.

(g) Casting shall be permitted as follows:

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
3. Mouldings clustered with enrichment may be cast.
4. Cornices may be cast where and when it is not practical to run in place
with a mould. This has reference principally to light troughs, etc., that
require electrical wiring or reflectors inside, and this does not include
block or similar mouldings that exceed six (6) feet in total length from
miter to miter.
5. Beams, columns, and pilasters shall not be cast unless they are totally
enriched and have no members paralleling one another.
6. On an alteration where the work, which would ordinarily be run, cannot be
done without causing undue interference with the occupancy of the
premises and undue delay in performance, it shall be permissible to cast
such work with the consent of the Union.
7. All small spandrels or panels under two (2) feet, small caps and other
similar work may be cast.
8. All caps not exceeding two (2) feet in diameter may be cast.
9. Diminished fluted pilaster and columns or pilaster and columns with
entasis may be cast.
10. Small pattern ceilings of geometrical design: coffered ceilings when
panels do not exceed twenty-four (24) inches at the ceilings or minor line
and fifty-four (54) inches at the bottom or major line may be cast.

(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.

(k) All ornamental forms to be recarved shall be done by Plasterers.

(l) Scale models including Diaramas and relief maps shall be done by Plasterers.

(m) Cutting or carving of ornamental surfaces or sharpening of outlines of same shall


be done by Plasterers.

(n) "Scrafito” shall be done by the 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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
(p) The pressing of clay in moulds, the running of clay mouldings, and clay
backgrounds shall be done by Plasterers.

(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.

(r) All applications of K-Dex Compound or Covercoat Compound over concrete


ceilings, columns, and walls shall be the work of the Plasterer. Application of any plaster-base
or other material to the seams or imperfections in the surfaces of concrete ceilings and columns
resulting from the concrete forms or the pouring of the concrete, such application being
preparation of K-Dex Compound or Covercoat Compound over the ceilings and columns. This
work includes all such applications whether performed from the floor, stilts, scaffolding or by
any other means.

(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.

(u) Spraying through a 2” hose.

ARTICLE VI: HOURS

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

a) The following days shall be known as Holidays:

Sundays, New Year' s Day, President’s Day, Memorial Day, Independence


Day, Labor Day, Thanksgiving Day, and Christmas Day. No work shall be
performed on Independence Day, Labor Day or Christmas Day, except in
the event of an emergency involving danger to life or property.

10

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
b) All work performed on Sundays and Holidays during the “regular hours” defined in
section 1, shall be paid for at twice the rate of the regular work hours.

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 3

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.

ARTICLE VII: WAGES AND FRINGE BENEFITS

Section 1

Journeyperson Plasterers, Apprentices and Applicators

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:

The Contractors Association Plastering Industry Advancement Program shall indemnify


and hold harmless the Local 262 Funds from all actions, causes of action, suits, debts, dues, sums
of money, accounts, reckoning, bonds, bills, contracts, controversies, agreements, promises,
damages, judgments, executions, claims, and demands whatsoever, in law or equity relating to
the collection of the aforesaid contributions. Additionally, the Contractors Association 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. The Association shall remit $1000 a year to the Local 262
Funds annually on or before July 1. These contributions shall be remitted by the Operative

12

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Plasterers' and Cement Masons' International Association, Local 262 General Benefits Fund to
the office of the Plastering Industry Advancement Program within ten (10) business days of
receiving the aforementioned contributions from the Employer.

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.

Tier 1 employees shall be given preference on commercial work.

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.

After 10,000 hours a Tier II Employee may rise to a Tier I Employee.

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
General Benefits Fund to the office of the Union within a reasonable time from receiving the
aforementioned working dues from the Employer.

(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:

(i) $0.32 to the welfare fund


(ii) $0.25 to the annuity fund
(iii) $0.30 to wage
(iv) $0.01 to the international assessment
(v) $0.10 to dues
(vi) $0.02 to the Industry advancement fund

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

In order to maintain a sufficient number of skilled mechanics in the plastering industry,


the employment and proper training of as many apprentices as is reasonable and practical shall
be encouraged by the parties to this agreement. Qualifications for admission to the
apprenticeship program and the successful completion thereof shall be determined by the Joint
Apprenticeship Committee and the Apprenticeship Standards of Local 262. These Standards are
incorporated as part of the Agreement.

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
c) When a Plasterer is discharged or laid off, he shall be notified during working hours
and must be paid on the job immediately, except when the lay off is temporary and
caused by bad weather or any other cause beyond the control of the Employer. A
violation of this rule entitles a Plasterer to compensation at the rate provided in
Section 1 of this Article for the working time that elapses between the time of
discharge and the time of receiving his money, provided the claimant remains on the
job or at the office during all working hours until he is paid. It is understood,
however, that no waiting time claim in excess of fourteen (14) hours will be
considered, nor shall a claimant remain on the job for a longer time.

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:

i. All legal requirements are complied with;

ii. Written notice by registered mail shall first have been given
to the union;

15

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
iii. Delivery of checks to Plasterers shall be at least one day
preceding a banking day; and

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:

Number of Members of Amount of Bond


Bargaining Unit Employed or Cash
Equivalent

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Labor of the State of New York under the Unemployment Act, and a yearly blanket certificate of
Compensation Insurance, and notice of cancellation of insurance if and when cancelled.

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

Apprentice Wages and Fringe Benefits

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.

The wages of Apprentices shall be increased in an amount proportional to the increases in


the wages of Journeyman Plasterers hourly rate for work performed during regular hours and
premium time of work. The Union shall notify the Employer of the Apprentice wage rates at
least ten (10) days in advance of the change in the Apprentice wage rates. The trust Funds shall
inform the Employer of the Plasterer Apprentice fringe benefit contributions periodically or upon
the request of the Employer.

a) For Work Performed in the Geographic Jurisdiction of Local 262

b) All of the above-referenced Contributions must be remitted in a single check


made payable to the “Local 262 General Benefits Fund”.

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.

ARTICLE VIII: COLLECTION OF DELINQUENT CONTRIBUTIONS

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
covering the contribution amounts owed. Employer remittance reports shall identify all
job sites where the Employer is performing bargaining unit work.

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
h) In the event legal proceedings are instituted, in addition to the delinquency, the following
are collectible:

 INTEREST IN ACCORDANCE WITH THE FUND POLICY


 LIQUIDATED DAMAGES AT THE RATE OF 20%
 COSTS AND DISBURSEMENTS INCLUDING AUDIT FEES IF
APPLICABLE
 ATTORNEY’S FEES

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:

Number of Members of Bargaining Unit Employed Amount of Bond/Cash Equivalent

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 3

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.

Section4- Audit Procedure

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
It shall be a violation of this Agreement for any Signatory bound by this Agreement, to
fail to furnish proper records when requested, for the purpose of completing an audit. The Union
shall have the right to remove all its members from the offending Signatory upon twenty-four
(24) hour notice. If such men who are removed remain on the job site during regular working
hours, they shall be paid for lost time not to exceed two (2) days of pay.

ARTICLE VIII: WORKING CONDITIONS

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.

(b) Scaffolds shall not be erected or removed if it is hazardous to the Plasterers


working in the immediate area.

(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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
No provision of this Trade Agreement shall supersede any Municipal, State or Federal
law which imposes more stringent requirements as to wages, hours of work, or as to safety,
sanitary or general working conditions than are imposed by this Trade Agreement.

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.

(g) All browning shall be done in a thorough workmanlike manner and it is


understood and agreed that all browning on walls, columns, pilasters and partitions shall be
screeded and rodded to a straight and true surface before the finish coat is applied.

(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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
(j) When the finish coat is applied it shall be trowelled to a smooth surface free from
cat faces, blockheads, blisters, etc., and all angles and surfaces must be left straight and true.

(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.

(m) All cement work shall be done in a proper workmanlike manner.

(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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
(w) Diminished fluted pilasters and columns or pilasters and columns with entasis
may be cast.

(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.

ARTICLE IX: SHOP STEWARDS, FOREPERSON AND BUSINESS AGENTS

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
A Plasterer foreperson shall be required on all jobs where four (4) or more Plasterers are
employed. Such foreperson shall be representative of the Employer and shall be in direct charge
of the Plasterers on the job, although he may perform such acts incidental to the operation of
plastering as the Employer directs. The foreperson shall immediately report to the shop steward
all the Plasterers hired, laid off and/or discharged.

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

In order to maintain a sufficient number of skilled mechanics in the Plastering Industry,


the Plastering Apprentice Program, approved by the Contracting Plasterers' Association of
Greater New York and the Operative Plasterers & Cement Masons International Association,
Local 262 is hereby made a part of this Agreement.

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.

ARTICLE XI: STRIKES & LOCKOUTS

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
unauthorized strike or its results but will discipline the members causing such strike and
disorder.

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Subject to the arbitration provision set forth in herein, the Union shall not permit Plasterers to
work for any Employer or any person who as an individual, partner, or employee of a partnership
or as an officer, stockholder or employee of a corporation owes wages to Plasterers or monies
payable to the Union or Fringe Benefit Funds as provided in this Trade Agreement and who
thereafter seeks to employ Plasterers or supervises Plasterers directly or as a partner or employee
of another partnership or as an officer, stockholder or as an employee of another corporation or
as a joint venture.

ARTICLE XII: JOINT TRADE BOARD

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
The decision of this Board shall be by majority vote of both sides, and shall be rendered
within twenty-four (24) hours of the time the dispute is submitted to the Board. The decision of
the Board shall be final and binding upon all parties to this Agreement.

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.

ARTICILE XIII: MISCELLANEOUS

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
or officer of the Employer's firm (partnership or corporation), any trade name and all future
changes thereof.

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.

ARTICLE XIV: PERIOD OF AGREEMENT

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

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
ARTICLE XV-EFFECTUATING CLAUSE

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.

Signed by both parties as of this first day of in ___________, New York.

Independent Contractor
_____________________________________________________

Print Firm Name: ____________________________________________________

Signature: __________________________________________________________

Print Name & Title: __________________________________________________

Firm’s Address: _____________________________________________________

City, State & Zip.: ___________________________________________________

Phone Number: _____________________________________________________

Employer Tax ID#: _________________________________________________

OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL


ASSOCIATION, LOCAL No. 262

Local Union Representative

30

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
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
UNITED UNION OF ROOFERS
WATERPROOFERS AND ALLIED
WORKERSLOCAL UNION NO. 9

WORKING AGREEMENT

EFFECTIVE DATES:

JUNE 3, 2017
TO
MAY 30, 2020

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
UNITED UNION OF ROOFERS,
WATERPROOFERS AND ALLIED WORKERS
WORKING AGREEMENT
Dated: JUNE 3, 2017

AGREEMENT by and between __________________________also hereinafter referred to as


the Employers and the UNITED UNION OF ROOFERS, WATERPROOFERS AND ALLIED
WORKERS, Local Union No. 9, hereinafter referred to as the Union.

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 laying of felt or paper beneath the above-mentioned roof.

All caulking for waterproofing.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
All components of composition roofing systems used to seal the roof, including, but not
limited to, compression seals, termination bars, lath, roof cement and reinforcements,
caulking and sealants.

All compressed paper, chemically prepared paper, and burlap when used for roofing or
damp and waterproofing purposes, with or without coating.

All damp coarse, sheeting or coating on all foundation work.

All damp-resisting preparations when applied with a mop, brush, roller, swab, trowel, or
spray system inside or outside of any structure.

All dressing, punching and cutting of all roof slate or tile.


All forms of composite insulations having nailable surfaces (e.g., plywood, pressboard,
chipboard, drywall, or other laminates) bonded to the insulation wherever such
composite insulations are used as an integral thermal insulating component of the
roofing system.

All forms of insulation used as a part of or in connection with roofing, waterproofing or


damp proofing.

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.

These shall include, but not be limited to:

a. PVC (polyvinyl chloride systems)


b. Butyl Rubber
c. EPDM (ethylene propylene diene terpolymer)
d. PIB (SIB Polyisobutylene)
e. CPE (chlorinated polyethylene)
f. CSPE (chlorosulfonated polyethylene)
g. ECB (ethylene-coplymer-bitumen and anthraxite dusts. Also known as
modified or placticized asphalts.)

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
h. Modified Bitumens
i. Neoprene

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 liquid-type elastoplastic preparations for roofing, damp or waterproofing when


applied with a squeegee, trowel, brush, roller or spray equipment, whether applied
inside or outside of a structure.

All sheet-type elastoplastic systems, whether single or multi-ply for waterproofing


either inside or outside of a structure.

All handling of roofing, damp and waterproofing materials.

All highway construction damp proofing and waterproofing.

All hoisting and storing of roofing, damp and waterproofing materials.

All kinds of asphalt and composition roofing and waterproofing.

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 liquid roofing systems.

All mineral surfaced roofing, including 90lb, and SIS, whether nailed, mopped with
bitumen, or applied with mastic or adhesive.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
All operations of slate cutting or punching machinery.

All prepared paper roofing.

All cleaning, preparing, priming and sealing of surfaces to be roofed, damp or


waterproofed, whether done by roller, mop, swab, and three-knot brush or spray
systems.

All rock asphalt and composition roofing.

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 spray insulation, such as Urethane.

All spray waterproofing or damp proofing.

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 tarred floors.

All types of coatings, toppings and finishes used on the roof surfaces.

All types of insulation when used in conjunction with roofing or waterproofing.

All types of preformed panes used in waterproofing (Volclay, etc.).

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 types of waterproofing, membrane and spandrel flashings.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
All waterproofing of shower pans and/or stalls.

All work done on iceboxes and refrigerators pertaining to the use of bitumen or cement.

Kettleman wherever hot bitumen is used.

Pre-cast concrete, tectum, or similar roof decking.

Tarring and waterproofing of all floors and walls of any description.

Tarring of pad and squeegeeing of all wood block floors.

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.

Preparation of surface by sandblasting or wire brush.

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 substitutions, improvements, changes, modifications and/or alternatives to the


jurisdiction or materials set out in this or any other article. All other materials,
equipment and/or applications necessary or appropriate to complete, perform or apply
the processes and/or materials in this Article.

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 2. The Employer hereby agrees to submit to the Union a Certificate of


Compensation Insurance covering all employees.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 3. All present employees, who are members of the Union, shall remain members
in good standing as a condition of their employment. All present employees, who are not
members of the Union, shall within seven (7) days following the effective date of this
Agreement, become and remain members in good standing of the Union as a condition
of their employment. All employees, who are hired hereafter, shall within seven (7) days
following the beginning of their employment, become and remain members in good
standing of the Union as a condition of their employment. Any employee that handles
roofing material or delivers it shall after seven (7) days, become a member of the Union.

Section 4. The Employer hereby recognizes its present employees as duly qualified roofers
and apprentices.

Section 5. All references to masculine shall include the feminine.

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 6. A ten (10) minute break shall be allowed on all jobs.

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)

Slate & Tile


$36.17
Roofers Journeyman
Composition
Roofers Foreman
$36.92
1 to 4 men on crew
(plus foreman)
Composition
Roofers Foreman
$37.67
5 or more men on
crew (plus foreman)

Composition
$35.67
Roofers Journeyman

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section lb. Effective June 3, 2017, the minimum rate of wages will be as follows:
6/3/2017 $0.75 Wages
1/1/2018 $0.75 To be determined by Negotiating Committee
6/1/2018 $0.85 To be determined by Negotiating Committee
1/1/2019 $0.75 To be determined by Negotiating Committee
6/1/2019 $0.95 To be determined by Negotiating Committee
1/1/2020 $0.75 To be determined by Negotiating Committee

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.

Apprentices Composition Slate/Tile


46% of Journeyman's wages Level 1 - 1001 hrs. $16.41 $16.64
52% of Journeyman's wages Level 2 - 2001 hrs. $18.55 $18.81
58% of Journeyman's wages Level 3 - 3001 hrs. $20.69 $20.98
67% of Journeyman's wages Level 4 - 4001 hrs. $23.90 $24.23
75% of Journeyman's wages Level 5 - 5001 hrs. $26.75 $27.13
84% of Journeyman's wages Level 6 - 6001 hrs. $29.96 $30.38

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 5.1. General Foreman/Superintendent working on a job site where the
implementation of the General President's Agreement and/or Maintenance Agreement is
in effect shall receive $1.00 over foreman's pay.

Section 6. Employers shall contribute monthly to the following:


Per Man Hours Worked 6/3/2017 1/2018 6/2018 1/2019 6/2019 1/2020

Pension Fund $6.20 To be determined by Negotiating Committee

Health and Welfare Fund $9.05 To be determined by Negotiating Committee

Supplemental Retirement Fund $2.45 To be determined by Negotiating Committee

Payroll Savings $2.25 To be determined by Negotiating Committee


Vacation $1.20
Administration $0.84
Joint Apprentice and $0.30 To be determined by Negotiating Committee
Training Fund

FFC $0.10 To be determined by Negotiating Committee


(Employers contribute $0.025)
(Union contributes $0.025)
See Article V, Section 1

Research and Education $0.03 To be determined by Negotiating Committee

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:

June 3, 2017 to May 30, 2020 .25 per mile


Section 8.1. Car hire shall be paid at a rate of .33 per mile for members working for out-
of-town contractors and .33 per mile for members working for Union signatory
contractors.
Section 8.2. Out-of-town contractors working in Union territory shall pay car hire to all
Union roofers working on the job and shall receive mileage starting from the Union
Hall.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 9. Less than an eight (8) hour work day, workers remain on the hourly rate on
return to the shop, except if job is shut down due to weather, then the employee shall be
paid travel rate on return to shop with zero (O) mile free zone on return trip. Travel pay,
when applicable, is to compensate for the time spent traveling. These are hours that are
not working hours.
Section 10. Any individual driving a company vehicle to and from a job site outside of
the working day (the work day being the eight (8) or more hours working on the job site)
will be paid at the hourly rate of $7.00 per hour with no benefits. If eight (8) or more
hours are worked on the job site, the driver will receive one and one-half times the above
hourly rate (1.5 x $7.00 = $10.50 per hour). Travel pay, if applicable, will not be paid to
the driver.

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 15. Journeymen/Apprentices, parties to and recognized under this Agreement,


shall not be required, as a condition of employment, to furnish the use of automobiles or
other conveyance to transport men, tools, equipment or materials from shop to job, job to
job, or from job to shop; facilities for such transportation to be provided by the Employer.
This provision shall not prevent the Employer and the owner of vehicle agreeing to use
said vehicle for business purposes for a charge for hiring of said vehicle at the rate of $.33
per mile.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 16. On all work specified in this Agreement performed within the jurisdiction of
any other local union affiliated with the United Union of Roofers, Waterproofers and
Allied Workers whose established wage scale is higher than the wage scale specified in
this Agreement, the higher wage scale of the local union in whose jurisdiction the work
is to be erected or installed, shall prevail, and shall be paid by the Employers.
Section 17. Wages at the established rates specified herein shall be paid via check on or
before Friday noon-time following the week the work was performed, except that
workmen, when discharged, shall be paid in full. It is agreed that any firm, party to this
Agreement, may file with the Joint Adjustment Board, written consent of its employees
(individual or group) to payment of wages by check. A certified check may be used to
pay wages on an out-of-town job when paying by cash is inconvenient.
Section 18. Surety Bonds—Signatory contractors whose place of business is located
within the geographical jurisdiction of the Union shall deliver to the Union, or its
designated representative, a bond with acceptable corporate surety in the amount of Five
Hundred Dollars ($500.00) per man as reported by the Contractor to the Fund Office
annually on its May Remittance Report to ensure payment of fringe benefits.

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 2. Employers shall give the Union Business Manager one (1) working day’s
notice of any layoff of men and the employee shall be paid-in-full at the end of his last
working day. The penalty for non-compliance shall be four (4) hours pay to each worker
involved in the layoff. The Employer shall also give the names of the men to be laid off.
Section 3. Employees and other parties to and recognized under this Agreement who
report for work by direction of the Employer and are not placed at work because of
unfavorable working conditions, shall be entitled to two (2) hours pay at the established
rate. This provision, however, shall not apply under conditions over which the Employer
has no control (such as weather).

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 6. All handling of material in connection with or incidental to roofing shall be


handled by the employees of the party of the first part except tailboard deliveries on the
job.

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 13. One or more roofers shall be on the ground with gravel, whether it is in a
dump truck or on the ground.

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
ARTICLE VIII
Section 1. Both parties to this Agreement hereby agree to establish a Joint Adjustment
Board with equal representation thereon, consisting of three (3) Employers and three (3)
employees, members of the Union. Said Board shall hold regular or special meetings as
circumstances may warrant, and to which shall be referred all matters of controversy or
dispute arising out of the operation of this Agreement affecting relations between the
parties hereto which cannot be settled by the duly authorized representatives of the Union
and Employer directly involved. Should said Joint Adjustment Board be unable to adjust
or settle any such controversy or dispute by conference or negotiation, such matters shall
be referred to one (1) representative chosen by the Employer or employers party to this
Agreement, and one (1) representative chosen by the Union provided for in Section 2 of
this Article. Pending such adjustment or settlement in accordance with procedure specified
herein, there shall be no cessation of work by strike or lockout by either party to this
Agreement.
Section 2. The Joint Adjustment Board shall meet within seven (7) working days after
notice has been given by either side and shall render a two-thirds majority decision
which shall be final and binding upon all parties concerned. In the event that the Joint
Adjustment Board becomes deadlocked within three (3) days after meeting, then an
outside person, not associated with the Construction Industry and mutually satisfactory,
shall be called in to make the final decision. In any event, a final decision shall be made
within 30 days after reference to the outside person (arbiter).
Section 3. The Joint Adjustment Board will be set up promptly with the signing of this
Agreement. The members of the Board shall appoint a chairman and a secretary, one
being chosen from the Employers' representatives and one from the Union's
representatives, to hold office for one (1) year or until their successors are appointed. The
members of the Joint Adjustment Board may make such rules as are necessary for its
guidance and operation.
Section 4. The negotiation of a new Agreement, renewal of, addition to, or deletions
from this Agreement are to be subject to approval of a committee consisting of
appointed representatives; three (3) from the Employers and three (3) from the Union,
parties to this Agreement.

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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
Section 2. In the event that any article or provision shall be held invalid as herein
described in Section 1 of this Article, the parties shall within 30 days thereafter meet
and negotiate concerning the modification or the substitution for such clause.
Section 3. All parties hereto mutually agree to cooperate fully in every legal and proper
way to establish and maintain in the United Union of Roofers, Waterproofers and Allied
Workers Division and within the territory in which they shall operate a code of ethics,
which will ensure compliance with the specific terms of 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.

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
IN WITNESS AND TESTIMONY of the provisions and terms mutually agreed upon
and specified herein, the duly authorized officers and/or representatives of both parties
hereby affix their signatures and seals this____________ day of ____________ 2017.

Michael P. Hassett
Business Manager
Roofers Local Union No. 9

____________________________
Company Name

_____________________________ _____________________________
Signature of Company Representative Michael P. Hassett

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
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
Covering Rules, Regulations
& Working Conditions
Apprenticeship Standards

2016 -2021

National Fire Sprinkler Road Sprinkler Fitters


Association, Inc. Local Union 669
40 Jon Barrett Road
Patterson, New York 12563 7050 Oakland Mills Road
Suite 200
845.878.4200 Columbia, MD 21046
fax: 845.878.4215 410.381.4300
www.nfsa.org fax: 301.621.8045
www.sprinklerfitters669.org
www.sf669.org A G R E E M E N T B E T W E E N

National Fire Sprinkler Road Sprinkler Fitters


Association, Inc. Local Union 669

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017

Sprinkler Large Agreement 2016-21 Cover 4-C 17x11 10.indd 1 6/2/16 8:49 AM
TABLE OF CONTENTS

Article 1 Understanding Parties to Addendum A Articles of Jurisdiction.................51


Agreement........................................3 Addendum B UA Standard for Excellence .......55
Article 2 Good Faith........................................4 Addendum C Preservation of
Article 3 Recognition. .....................................4 Bargaining Unit Work.......................................59
Article 4 Union Security and Dues
Check-Off .........................................5 APPRENTICESHIP STANDARDS
Article 5 Hiring of Employees .........................7 Preamble .......................................................61
Article 6 Territory; Off-Shore Drilling Definitions .......................................................61
Operations ........................................8
Structure of the JATC ......................................63
Article 7 Wages ..............................................9
Administrative Procedures.............................. 64
Article 7A Residential Work ............................15
Responsibilities of the JATC ............................64
Article 8 Extra Contract Agreements ............18
Equal Opportunity Pledge................................65
Article 9 Job Foremen ..................................18
Affirmative Action Plan.....................................65
Article 10 Inspection Privileges ......................19
Qualifications for Apprenticeship .....................65
Article 11 Travel Expenses.............................19
Selection of Apprentices ..................................66
Article 12 Hours of Work, Shifts,
Overtime, Time Off for Union Apprenticeship Agreement...............................66
Activities, Off Hours ........................22 Ratio of Apprentices to Journeyperson............66
Article 13 Production of Labor ........................24 Term of Apprenticeship ....................................66
Article 14 Materials and Equipment Probationary Period .........................................66
and Fabrication; Making on Hours of Work..................................................67
Fittings ............................................24 Wage Progression ...........................................67
Article 15 Tools ...............................................25 Credit for Previous Experience ........................67
Article 16 Apprentices, Wage and Work Experience .............................................67
Ratio Information ............................27 Related Instruction...........................................68
Article 17 Working Within Jurisdiction Safety and Health Training ..............................69
of Other Sprinkler Unions ...............30
Supervision of Apprentices ..............................69
Article 18 Jurisdiction of Work;
Records and Examinations..............................69
Subcontracting ...............................30
Maintenance of Records..................................70
Article 19 Welfare Fund ..................................31
Certification of Completion...............................70
Article 20 Pension Fund .................................32
Notice to Registration Agency..........................70
Article 21 Education Fund ..............................33
Cancellation and Deregistration.......................70
Article 22 Additional Funds (Supplemental
Pension, Industry Promotion) ........ 34 Amendments or Modifications .........................70
Article 23 Monthly Reports and Differences/Complaint Procedure....................71
Bonds .............................................39 Collective Bargaining Agreement.....................72
Article 24 Inclusion of Transfer of Training Obligation ........................72
Other Local Unions.........................41 Responsibilities of the Apprentice....................72
Article 25 Grievance Procedure and Consultants/Technical Assistance....................73
Arbitration .......................................41 Term of Apprenticeship ....................................73
Article 26 Safety .............................................43 Ratio .......... .....................................................73
Article 27 Trade Disagreements .....................44 Wage Schedule ...............................................74
Article 28 Drug and Alcohol Abuse .................45 Schedule of Work Experience .........................74
Article 29 Duration and Reopening Schedule of Related Instruction.......................76
of Agreement ..................................48 Affirmative Action Plan.....................................79
Article 30 Provisions for Renewal Qualifications/Selection Procedures ................81
of Agreement ..................................48
Article 31 Savings Clause ..............................48

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
AGREEMENT BETWEEN
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
and
ROAD 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
AND CANADA

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)

(PLEASE NOTE DISTRIBUTION OF COPIES - CONTINUED FROM 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.

PLEASE PRINT OR MAKE ANY NECESSARY CORRECTIONS


IN YOUR NAME, ADDRESS, LOCAL, UA CARD NO., or SOC. SEC. NO. 
Use Ball Point Pen and bear down. You are making 3 copies.

Local UA Card Number Social Security Number

Name Your Signature___________________________________


Date___________________________________________
Address
PLEASE PRINT THE FOLLOWING
City, State & Zip
Employer _______________________________________
_______________________________________________
Street __________________________________________
City, State & Zip __________________________________

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.

Extended Benefits Fund

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.

NONDISCRIMINATION: There shall be no discrimination with regard to race, color,


religion, sex, age, or national origin by either the Union or the Employer relative to employ-
ment or conditions of employment. Contractors bound by the terms of this Agreement are
likewise bound by any Affirmative Action Plans negotiated with governmental agencies by the
National Fire Sprinkler Association, Inc. and Local Union 669. Wherever used in this Agree-
ment, the masculine pronoun is understood to refer to both genders.

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.

OFF-SHORE DRILLING OPERATIONS: The following conditions of employment


shall apply to off-shore drilling operations:

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.

When an employee is required to live on the structure, he shall be furnished meals


and lodging free of charge. Where meals and lodging are provided, no payment shall be paid
under Article 11, Paragraphs (B), (C) and (D).

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.

STATES 4/1/2016 4/1/2017 4/1/2018


ALABAMA $24.62 $25.02 $25.42
ALASKA $44.75 $46.00 $47.25
ARIZONA $32.25 $33.25 $34.25
ARKANSAS $24.29 $24.29 $24.29
CALIFORNIA / (1) $35.71 $37.20 $38.85
CALIFORNIA / (2) $37.32 $39.07 $40.77
CALIFORNIA / (3) $36.88 $38.28 $39.73
CALIFORNIA / (4) $37.67 $39.17 $40.57
COLORADO $35.43 $36.73 $38.13
CONNECTICUT $42.62 $43.92 $45.32
DELAWARE $34.35 $35.35 $36.55
District of Columbia $33.40 $34.40 $35.60
GEORGIA $27.79 $28.54 $29.29
IDAHO-21 $31.60 $32.60 $33.60
IDAHO-40 $31.70 $32.80 $33.90
ILLINOIS $39.87 $41.37 $42.87
INDIANA $36.61 $37.96 $39.31
IOWA $33.61 $34.91 $36.21

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.

7) New York (1)


Excludes the counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess,
Rockland, Albany, Rensselaer, Schenectady, Saratoga and Warren.

8) New York (2)


Includes counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess and
Rockland.

9) New York (3)


Includes counties of Albany, Rensselaer, Schenectady, Saratoga and Warren.

10) Virginia (1)


Excludes the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick,
Clarke, Stafford, Spotsylvania & City of Alexandria.

11) Virginia (2)


Including the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick,
Clarke, Stafford, Spotsylvania & City of Alexandria.

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.

In the event a Journeyman Sprinkler Fitter or Apprentice is discharged, he shall be


paid in full within forty-eight (48) hours of the time his services are thus discontinued, either
in person or by certified mail, return receipt requested, to the address on record.

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.

A bad check shall be considered nonpayment of wages.

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

LOCAL 669 RESIDENTIAL WORK

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.

The bargaining parties hereby agree to establish a residential training program to be


implemented effective January 1, 2017. The Joint Apprenticeship and Training Committee
and its Director will oversee the development of the program. The Mutual Cooperation Com-
mittee referenced in Article 2 will likewise supervise the development and implementation of
the training program.

“Residential fire protection work” is defined to mean any work covered by Article 18
of this agreement on:

1. One or two family dwellings;

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.

The bolded underlined states below indicate partial exemptions:

Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of


Columbia, Georgia, Idaho, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire,
New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia (1), Virginia (2), West Virginia and Wyoming.

1.  The following special conditions are provided for bolded underlined
states defining counties within the state.

Colorado: the entire state except the counties of Adams, Arapahoe,


Boulder, Broomfield, Clear Creek, Denver, Douglas, Eagle, Elbert,
El Paso, Garfield, Gilpin, Grand, Jefferson, Lariner, Mesa, Pitkin, Pueblo,
Routt, San Miguel, Summit, Teller and Weld.

Michigan: the entire state except the Upper Peninsula.

Missouri: only applies to the counties of Barry, Christian, Greene,


Jasper, Lawrence, McDonald, Newton, Stone and Taney.

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:

Alabama, Arkansas, Georgia, Louisiana, Maine, Michigan (Excluding


Upper Peninsula), Mississippi, New Hampshire, North Carolina, Oklahoma,
South Carolina, Tennessee, Texas, Vermont and Virginia (1).

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.

The rate of wage to be paid a Residential Tradesman or Building Trades Journey-


man shall be seventy-five percent (75%) of the rate established in this Article. Residential
Helpers shall be paid thirty-five percent (35%) of the rate in the first year of their employment,
forty-three percent (43%) of the rate in the second year, fifty percent (50%) of the rate in the
third year, and sixty percent (60%) of the rate in the fourth year. Building Trades Apprentices
employed under this Article shall be paid in accordance with the rates established in this Ar-
ticle. In no event shall an individual working under this Agreement be paid less than the
Federal or applicable state minimum wage rate in addition to the fringe benefits established
herein.

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.

3. Journeymen and Apprentices referred pursuant to this procedure will be employed


for a minimum of thirty (30) working days unless the Employer has “just cause” to terminate
them.

4. Journeymen and Apprentices referred to the Employer pursuant to this procedure


shall be paid 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 be paid One Hundred Dollars ($100.00) per day. Effective Jan-
uary 1, 2019, such employee shall be paid One Hundred Five Dollars ($105.00) per day.
There shall be no travel pay or mileage as provided in this Article for travel from and to the
employee’s residence outside the “fully employed” area.

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).

(M) Nothing herein contained shall be considered as inconsistent with the


Federal Wage and Hour Laws.

(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

HOURS OF WORK, SHIFTS AND OVERTIME:

(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.

(G) COMPUTATION OF OVERTIME: For purposes of computing overtime compensation


pursuant to this Article, when an Employee’s wage rate is adjusted to include a shift
or off hours differential for premium work as provided for in this Agreement, the dif-
ferential shall be included in the calculation of overtime compensation for that Em-
ployee.

ARTICLE 13

PRODUCTION OF LABOR: There shall be no limitation of the amount of work to be


performed, except as required by Article 26.

No Sprinkler Fitter Journeyman or Apprentice working for an Employer shall work


overtime at sprinkler work for another Employer during any twenty-four (24) hour calendar
day period.

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.

Addendum B, the U.A. Standard for Excellence, is incorporated by reference herein.

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

TOOLS: All tools will be furnished by the Employer.

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:

1)  5 gal. bucket or hand held toolbox


1)  Bucket caddy
1) 10” “Ridgid” aluminum pipe wrench
1) 14” “Ridgid” aluminum pipe wrench
1)  18” “Ridgid” aluminum pipe wrench
1)  10” adjustable wrench
1) # 420 or 430 Channel locks
1)  # 426 Channel locks
1) Allen wrench set
1) Straight screwdriver
25
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
1)  Phillips head screwdriver
1)  2-lb ball-peen hammer
1)  3/4” x 12” chisel
1) 12” adjustable wrench
1) Hack saw
1) 25’ tape
1)  Tin snips
1) 1/2” ratchet & socket set (3/8” - 1 ¼”)
1)  3/8” ratchet, 9/16” socket & 3/8” x 8 point socket
1)  Utility or pocket knife
1)  6’ rule
1)  Magnetic torpedo level
1)  Key-hole saw
1)  Half round file
1) Flashlight / Headlamp

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.

If unemployment within the District of the applicant’s home address exceeds


eight percent (8%) or ten (10) Journeymen and Apprentices, whichever is greater, the Em-
ployer may not hire a new Apprentice for thirty (30) days after the JATC notifies the Union of
the request for an Apprentice, or until the percent no longer exceeds eight percent (8%) or
ten (10) Journeymen and Apprentices within the District of the applicant’s home address.

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.

Apprentices Rate Percentage Scale of Journeyman’s Rate


Class 1 45%
Class 2 50%
Class 3 55%
Class 4 60%
Class 5 65%
Class 6 70%
Class 7 75%
Class 8 80%
Class 9 85%
Class 10 90%

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.

Where there is no Journeyman S.I.S. contribution, there shall be no Apprentice S.I.S.


contribution.

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.

RATIO OF APPRENTICES TO JOURNEYMEN: Employers employing Apprentices


under the terms and conditions of this Article shall be allowed one (1) Apprentice to the first
Journeyman and one (1) Apprentice to each Journeyman thereafter. No Apprentice may be
employed on a job where there are no Journeymen employed.

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

WORKING WITHIN JURISDICTION OF OTHER SPRINKLER UNIONS: When em-


ployees covered by this Agreement enter into the jurisdiction of other Sprinkler Local Unions,
they shall work under the terms and conditions of the existing sprinkler bargaining agreement
in effect in that area.

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.

SUBCONTRACTING: Any Employer party to this Agreement may subcontract the


work as outlined in the paragraph above, provided he subcontracts to a contractor that has
a Collective Bargaining Agreement with Local Union 669.

ARTICLE 19

NATIONAL AUTOMATIC SPRINKLER INDUSTRY WELFARE FUND: It is mutually


agreed that a Welfare Fund on a National Automatic Sprinkler Industry basis has been es-
tablished for those employees who are covered by this Collective Bargaining Agreement.

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

NATIONAL AUTOMATIC SPRINKLER INDUSTRY PENSION FUND: It is mutually


agreed that a Pension Fund on a National Automatic Sprinkler Industry basis has been es-
tablished for those employees who are covered by this Collective Bargaining Agreement.

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

NASI-LOCAL 669 INDUSTRY EDUCATION FUND: It is mutually agreed that an Ap-


prenticeship System has been established for the purpose of providing educational training
as provided by the Apprenticeship Standards.

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

(A) Supplemental Pension Fund:


It is mutually agreed that a Sprinkler Industry Supplemental Defined Contribution Pen-
sion Fund has been established for those employees whose wages are covered by this Col-
lective Bargaining Agreement.

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.

7) New York (1)


Excludes the counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess and
Rockland, Albany, Rensselaer, Schenectady, Saratoga and Warren.

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.

9) New York (3)


Includes counties of Albany, Rensselaer, Schenectady, Saratoga and Warren.

10) Virginia (1)


Excludes the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick,
Clarke, Stafford, Spotsylvania and City of Alexandria.

11) Virginia (2)


Including the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick,
Clarke, Stafford, Spotsylvania and City of Alexandria.

Where there is no Journeyman S.I.S. contribution, there shall be no Apprentice S.I.S.


contribution.

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.

Under this Agreement, it is agreed that a Sprinkler Industry Supplemental (S.I.S.)


Defined Contribution Fund contribution shall be established for Residential Tradesman 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 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.

(B) Industry Promotion Fund:

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

MONTHLY REPORTS: Employers party to this Agreement shall submit contributions


to the Welfare, RESA, Pension, Educational, S.I.S. and Industry Promotion Funds in accor-
dance with rules, regulations and procedures established by the Trustees of the Welfare,
RESA, Pension, Educational, S.I.S. and Industry Promotion Funds.

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.

Each contractor who is a subscriber to this Agreement or who desires to become a


39
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
subscriber to this Agreement shall furnish to the Union with a copy to the NFSA a cash or
surety bond with a U. S. Treasury Listed Bonding Company in proportion to the average
number of hours worked per month during the preceding year:

Number of Effective April 1, 2016


Reportable Hours Amount of Bond or
Per Month Irrevocable Letter of Credit
1-350 $25,000
351-900 $50,000
901-2,000 $100,000
Over 2,000 $250,000

Said bond shall expressly guarantee, in the following order of priority:

(1) Wages, including dues, as required by this Agreement;

(2) Welfare Fund contributions, as required by this Agreement;

(3) Pension Fund contributions, as required by this Agreement;

(4) Education Fund contributions, as required by this Agreement;

(5) S.I.S. Fund contributions, as required by this Agreement;

(6) Industry Promotion Fund contributions, as required by this Agreement; and

(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

INCLUSION OF OTHER LOCAL UNIONS: It is mutually agreed that if the National


Fire Sprinkler Association, Inc. shall agree with the other Local Unions of the United Asso-
ciation of Journeymen and Apprentices for the establishing of Welfare Funds and Pension
Funds, in any such case the National Fire Sprinkler Association, Inc. and such other Local
Unions may in writing agree that said Welfare Fund and Pension Fund shall be operated
under the same provisions of this Agreement.

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

GRIEVANCE PROCEDURE AND ARBITRATION: During the term of this Agreement


41
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 strikes, lockouts, slowdowns, or work stoppages. However, violation by an
Employer involving:

(a) Non-payment of wages at the time due;

(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;

(c) Non-payment or non-reporting of fringe contributions due and payable under


this Agreement subject, however, to the late filing clause contained in Article 23;

(d) Failure to participate in the grievance procedure, or to abide by the decision of


the Grievance Committee as set forth in Step 2 of this Article, or the Arbitrator as set forth in
Step 3 of this Article; or failure to participate in the grievance-arbitration procedure when ar-
bitration has been requested under Step 3 of this Article after Steps 1 and 2 have been ex-
hausted;

(e) Failure to provide or maintain in effect a bond as required by Article 23;

…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.

If the grievance or dispute is not settled to the satisfaction of the employee,

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

Section A: Job Safety

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.

Section B: Radiation Exposure

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.

2.  Exposure to radiation shall be kept as low as possible.

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

TRADE DISAGREEMENTS: Except as provided in the first paragraph of Article 25 of


this Agreement, there shall be no strikes, slowdowns, work stoppages or lockouts for any
cause during the term of this Agreement. All other disputes relative to the interpretation and
application of this Agreement shall be processed in accordance with Article 25 of this Agree-
ment.
44
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
This shall not include strikes which may be called by the Local Building Trades Council
and sanctioned by the United Association, such strike and strikes to be only local in character.

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

DRUG AND ALCOHOL ABUSE:

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:

Drug or alcohol testing shall be applicable to all employer non-bargaining unit


employees, including company executives and officers.

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:

Initial Test Level nanogram/millileter


Amphetamines 1000
Barbiturates 300
Benzodiazepines 300
Cocaine 300
Methadone 300
Opiates 2000
Phencyclidine (PCP) 25
Propoxyphene (Darvon) 300
THC (marijuana and cannabinoids) 50
Methaqualones (Quaaludes) 300

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.

7.  All records pertaining to investigation and assessment of an employee shall be


maintained in the Employer’s possession in accordance with all laws.

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.

10. The following employee rights shall be provided:

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

DURATION AND REOPENING OF AGREEMENT: This Agreement shall be effective


April 1, 2016 to March 31, 2021.

ARTICLE 30

PROVISIONS FOR RENEWAL OF AGREEMENT: Sixty (60) days prior to April 1,


2021, written notice may be given by either party requesting a conference to prepare such
alterations or amendments as may be agreed to. Failing to give such written notice, this
Agreement remains in force from year to year, until written notice of sixty (60) days prior to
April 1 is served. Written notice shall be sent by certified mail to the National Fire Sprinkler
Association, Inc. and to the Local Union at its National Office.

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.

FOR THE UNION: FOR THE ASSOCIATION:

D. Shawn Broadrick Fred Barall


Brian W. Dunn Rory Schnurr
James E. Tucker Jon Ackley
James L. Shumberger, Jr. William Ball
Jeffery B. Shadrock, Jr. Steve Comunale
Gregory D. Adams Marty Corcoran
William E. Burns, Jr. Jeff Daane
Scott A. Paczesniak David Dixon
Robert J. Cooper, Jr. Keith Fielding
Brian E. Fisher Jace Hierlmeier
Darrin A. Parsons Kamran Malek
William R. Puhalla Andy McCleery
William Meyer
Steve Oliver
Jim Paben
Mark Tate
Steve Ulmer
Gary Willms

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.

17. All power plant piping of every description.

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.

20. All soot blowers and soot collecting piping systems.

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.

38. All air piping of every 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

MEMBER AND LOCAL UNION RESPONSIBILITIES:

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.

PROBLEM RESOLUTION THROUGH THE UA STANDARD FOR EXCELLENCE POLICY:

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.

MEMBER AND LOCAL UNION RESPONSIBILITIES:

• 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.

EMPLOYER AND MANAGEMENT RESPONSIBILITIES:

• 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.

ADDITIONAL JOINTLY SUPPORTED METHODS OF PROBLEM RESOLUTION:

• 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

PRESERVATION OF BARGAINING UNIT WORK

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.

Because the practice of double-breasting is a source of strife in the sprinkler indus-


try that endangers mutual efforts to expand market share for union members and union em-
ployers, it is the intention of the parties hereto that this clause be enforced to the fullest
extent permitted by law.

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.

Local application of these Apprenticeship Standards, in States having State appren-


ticeship agencies, may require adaptation to meet the standards of apprenticeship in such
States.
PREAMBLE

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.

These Apprenticeship Standards constitute a revision of the original Apprenticeship


Standards registered by the Office of Apprenticeship of the U.S. Department of Labor in
1953 and revisions thereof. By registering these training standards, the Office of Appren-
ticeship certifies that they conform to labor standards necessary to safeguard the welfare of
Apprentices. The U.S. Department of Labor’s general labor standards for Apprentice Pro-
grams are set forth in Title 29, Code of Federal Regulation (CFR), Part 29.

Local application of these Apprenticeship Standards, in States having State appren-


ticeship agencies, may require adaptation to meet the standards of apprenticeship in such
States.
DEFINITIONS

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.

ASSOCIATION means the National Fire Sprinkler Association, Inc.

CERTIFICATE OF COMPLETION OF APPRENTICESHIP means the Certificate issued by


the Registration Agency to those registered apprentices certified and documented as suc-
cessfully completing the apprentice training requirements outlined in these Standards of Ap-
prenticeship.

COLLECTIVE BARGAINING AGREEMENT means the negotiated agreement between the


Road Sprinkler Fitters Local Union No. 669 and the signatory employers represented by the
National Fire Sprinkler Association, Inc. that sets forth the terms and conditions of employ-
ment.

COMMITTEE means the Joint Apprenticeship and Training Committee.

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:

(a) Be financially responsible and current in Fringe Benefit Payments.

(b) Have the necessary facilities to assure effective training.

(c) Employ Local 669 Journeyperson in accordance with the existing


Journeyperson-Apprentice ratio.

(d) Agree to adhere to the program as set up by the Committee.

(e) Be signatory to the Local 669 Joint Apprenticeship Program Affirmative Ac-
tion Plan and Selection Procedures.

JOURNEYPERSON means a recognized level of competency as recognized within the in-


dustry;

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.

RELATED INSTRUCTION means an organized and systematic form of instruction designed


to provide the apprentice with knowledge of the theoretical and technical subjects related to
his/her occupation.

STANDARDS OF APPRENTICESHIP or STANDARDS means this entire document, in-


cluding these definitions, all appendices and attachments to this document, and any future
modifications or additions approved by the Registration Agency.

SUPERVISOR OF APPRENTICE(S) means an individual designated by the program spon-


sor to supervise or have charge and direction of an apprentice.

UNION means the Road Sprinkler Fitters Local Union No. 669 of the United Association.

SECTION I. - PROGRAM ADMINISTRATION

Structure of the Joint Apprenticeship and Training Committee

(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.

Responsibilities of the Joint Apprenticeship and Training Committee

(a) To determine the need for Apprentices.

(b) To determine the adequacy of an Employer to give proper training.

(c) To place Apprentices under written Apprenticeship Agreements.

(d) To establish minimum standards of education and experience required of Ap-


prentices.

(e) To approve Apprenticeship Agreements and to submit these Agreements for


registration to the Registration Agency.

(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.

(g) To hear and adjust all complaints of violation of Apprenticeship Agreements.

(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.

(k) To notify the Registration Agency of all terminations or cancellations of Agree-


ments.

(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.

(m) To be responsible in general for the successful operation of these Standards


by performing the duties here listed, by cooperating with public and private agencies which
can be of assistance, by obtaining publicity, in order to develop the support of the public in
Apprenticeship and by keeping in constant touch with all parties concerned - Apprentices,
Employers and Journeyperson(s). To cooperate with the National Fire Sprinkler Association
and Road Sprinkler Fitters Local Union 669 in carrying out the provisions of Collective Bar-
gaining Agreement.

(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)

The recruitment, selection, employment and training of Apprentices shall be without


discrimination because of race, color, religion, national origin or sex. The Employer will take
affirmative action to provide equal opportunity in apprenticeship and will operate the Ap-
prenticeship Program as required under Title 29 of the Code of Federal Regulations (CFR),
Part 30, as amended. The affirmative action program, with required implementation, for the
selection of Apprentices shall be the one prepared by the Committee.

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.

SECTION IV. - QUALIFICATIONS FOR APPRENTICESHIP - Title 29 CFR 29.5(b) (10)

Qualifications for apprenticeship will be in accordance with the procedures made a


part of these Standards (Appendix D).

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).

SECTION VI. - APPRENTICESHIP AGREEMENT - Title 29 CFR 29.5(b) (11)

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:

(a) The Employer

(b) The Joint Apprenticeship and Training Committee

(c) The Office of Apprenticeship

(d) The Apprentice

Parties to the Apprenticeship Agreement may consult with the Registration Agency for
an interpretation of any provision of the Standards over which differences occur.

SECTION VII. - RATIO OF APPRENTICES TO JOURNEYPERSON - Title 29 CFR 29.5(b)


(7)

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.

SECTION VIII. - TERM OF APPRENTICESHIP - Title 29 CFR 29.5(b) (2)

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.

SECTION X. - HOURS OF WORK

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 XI. - APPRENTICE WAGE PROGRESSION - Title 29 CFR 29.5(b) (5)

Apprentices will be paid a progressively increasing schedule of wages during their


apprenticeship based on the acquisition of increased skill and competence on the job and
in related instruction. Before an apprentice is advanced to the next segment of training or to
Journeyperson status, the Committee will evaluate all progress to determine whether ad-
vancement has been earned by satisfactory performance in their OJL and in related in-
struction courses. In determining whether satisfactory progress has been made, the
Committee will be guided by the work experience and related instruction records and re-
ports. The progressive wage schedule will be an increasing percentage of the Journeyper-
son wage rate as established in the Collective Bargaining Agreement. The percentages that
will be applied to the applicable Journeyperson rate are shown on the attached Work
Processes and Related Instruction Outline (Appendix A). In no case will the starting wages
of apprentices be less than that required by any minimum wage law which may be applica-
ble.

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.

SECTION XIV. - RELATED INSTRUCTION - Title 29 CFR 29.5(b) (4)

Each Apprentice shall be required to participate in the correspondence study program


devoted to subjects related to the trade which has been developed by the Committee. Hours
of related training shall be no less than 144 hours per year. Class 1-4 Apprentices will be pro-
vided with broad general knowledge. The training of Class 5-10 Apprentices will be con-
centrated on the specific skills required of the sprinkler trade mechanic. Apprentices will not
be paid for time devoted to related instruction.

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.

SECTION XVI. - SUPERVISION OF APPRENTICES - Title 29 CFR 29.5(b) (14)

(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.

(c) The Committee may request interested agencies or organizations to designate a


person or persons to serve as consultants. Consultants will be asked to participate without vote
in conference on special problems relating to Apprenticeship Training which affect the agencies
they represent. If any fees are to be paid to consultants, approval must be obtained in advance
from the National Fire Sprinkler Association, Inc. and Local Union No. 669.

SECTION XVII. - RECORDS AND EXAMINATIONS - Title 29 CFR 29.5(b) (6)

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 may also discipline an Apprentice by postponing advancement from


one period of training to the next or by temporarily removing the Apprentice from the job,
causing loss of employment.
69
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Before invoking any disciplinary action, the Committee must notify the Apprentice by
certified mail. If the Apprentice fails to show satisfactory cause for on-the-job actions or fails
to correct Related Instruction delinquencies within the specified time, disciplinary action may
be invoked.

SECTION XVIII. - MAINTENANCE OF RECORDS - Title 29 CFR 29.5(b) (22)

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.

SECTION XIX. - CERTIFICATE OF COMPLETION OF APPRENTICESHIP - Title 29 CFR


29.5(b) (15)

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.

SECTION XX. - NOTICE TO REGISTRATION AGENCY - Title 29 CFR 29.5(b) (18)

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.

SECTION XXI. - CANCELLATION AND DEREGISTRATION - Title 29 CFR 29.5(b) (17)

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.

SECTION XXII. - AMENDMENTS OR MODIFICATIONS - Title 29 CFR 29.5(b) (17)

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.

SECTION XXIII. - ADJUSTING DIFFERENCES/COMPLAINT PROCEDURE - Title 29 CFR


29.5(b) (21) and 30(11)

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.

If an applicant or an Apprentice believes an issue exists that adversely affects his/her


participation in the apprenticeship program or violates the provisions of the Apprenticeship
Agreement or Standards, relief may be sought through one or more of the following avenues,
based on the nature of the issue:

Title 29 CFR 29.5(b) (21)

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.

Title 29 CFR 30.11

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.

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 Committee will provide written notice of their complaint procedure to all appli-
cants for apprenticeship and all apprentices.

SECTION XXIV. - COLLECTIVE BARGAINING AGREEMENT

No provisions in these Standards will be construed as permitting violation of any ap-


plicable, State or Federal laws or regulations.

Nothing in these Standards will be interpreted as being inconsistent with an existing


or subsequent Collective Bargaining Agreement establishing higher standards, or meant to
interfere with or abridge management’s rights as vested to them under the Collective Bar-
gaining Agreement.

SECTION XXV. - TRANSFER OF TRAINING OBLIGATION - Title 29 CFR 29.5(13)

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.

SECTION XXVI. - RESPONSIBILITIES OF THE APPRENTICE

The Apprentice shall:


72
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(a) Perform diligently and faithfully the work of the trade, and perform such other
pertinent duties as may be assigned in accordance with the provisions of the registered Stan-
dards.

(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.

SECTION XXVII. - CONSULTANTS/TECHNICAL ASSISTANCE

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.

The Committee is encouraged to invite representatives from industry, education, busi-


ness, private and/or public agencies to provide consultation and advice for the successful op-
eration of their training program.

WORK PROCESSES AND RELATED INSTRUCTION OUTLINE

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.

2. RATIO OF APPRENTICES TO JOURNEYPERSON

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.

3. APPRENTICE WAGE SCHEDULE

Apprentices shall be paid a progressively increasing schedule of wages based on a


percentage of the current Journeyperson wage rate as contained in the Collective Bargain-
ing Agreement. The applicable wage schedule is as follows:

Class 1: 45% Class 6: 70%


Class 2: 50% Class 7: 75%
Class 3: 55% Class 8: 80%
Class 4: 60% Class 9: 85%
Class 5: 65% Class 10: 90%

4. SCHEDULE OF WORK EXPERIENCE

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.

SKILL AREA ** Rec. Hrs. Rec.% Max. Hrs.


(a) Installation Overhead Piping 5,000 50.0 7,000

(b) Installation system 1,250 12.5 1,750


Controlling valves,
Controlling devices & alarms

(c) Installation Underground Piping 1,000 10.0 1,400

(d) Installation System Supply 875 8.75 1,225

(e) Repair & remodeling work 1,875 18.75 2,625


10,000 100.00 14,000

**To ensure a well rounded Journeyperson, an Apprentice is restricted to maximum of 2,500


hours welding. Welding experience may be either in the field or in a fabrication shop.

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.

Where there is no Journeyman S.I.S. contribution, there shall be no Apprentice S.I.S.


contribution.

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.

RATIO OF APPRENTICES TO JOURNEYMEN: Employers employing Apprentices


under the terms and conditions of this Article shall be allowed one (1) Apprentice to the first
Journeyman and one (1) Apprentice to each Journeyman thereafter. No Apprentice may be
employed on a job where there are no Journeymen employed.

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.

5. SCHEDULE OF RELATED INSTRUCTION

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.

First year courses:

Job Safety and Health - 8 lessons, final exam; computer graded.

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.

This course is a general introduction into how pipe-trades apprentices move up in


their careers. The Apprentice is taught how a contractor obtains jobs, as well as the outlook
for future growth of the pipe trades.

Use and Care of Tools - 11 lessons, 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.

Second year courses:

Introduction to Automatic Sprinklers – 11 lessons, final exam; computer graded.

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.

Reading Automatic Sprinkler Piping Drawings - 11 lessons, final exam; computer


graded.

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.

Sprinkler Systems Calculations - 16 lessons, 1 mid-course review, final exam; in-


structor graded.

This course teaches the Apprentice mathematical concepts such as how to use a TI-
36x calculator in solving problems of sprinkler system installation.

Third year courses:

Installation of Sprinkler Systems - 14 lessons, final exam; computer graded.

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.

The Automatic Sprinkler - 14 lessons, final exam; computer graded.

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.

Fourth year courses:

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.

Sprinkler System Water Supply – 11 lessons, final exam; computer graded.

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.

Types of Fire Protection Systems - 14 lessons, final exam; computer graded.

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.

Fifth year courses:

Special Application Sprinkler Systems - 11 lessons, final exam; computer graded.

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.

Economics of the Sprinkler Industry - 8 lessons, final exam; computer graded.

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.

Human Relations - 11 lessons, final exam; computer graded.

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.

Technical Reports - 5 lessons, final exam; instructor graded.

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.

AFFIRMATIVE ACTION PLAN

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.

SECTION III - UTILIZATION AND ANALYSIS, GOALS AND TIMETABLES

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.

SECTION IV - RECRUITMENT AND OUTREACH

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.

SECTION V - ANNUAL REVIEW OF AFFIRMATIVE ACTION

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.

QUALIFICATIONS AND SELECTION PROCEDURES

PART A. MINIMUM QUALIFICATIONS

Applicants for Apprenticeship not heretofore connected with the Trade:

(a) Must be the age of 18 or over.

(b) Must be a high school graduate or have G.E.D.

(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.

PART B. SELECTION PROCEDURES

SECTION I - DEFINITIONS

Applicant: Any individual who has submitted an Apprenticeship Application.

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.

SECTION II- JATC SELECTION PROCEDURE

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.

2. Except as provided in Article 16 of the Collective Bargaining Agreement, effective April 1,


2016, between NFSA and Local 669:

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.

b. Information relating to work in the trade as an apprentice.

c. The Complaint Procedure.

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.

17. All applicants must be asked the same questions.

SECTION III - JATC SELECTION

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.

5. Final approval or rejection of an application submitted by a participating contractor will be


made by the Committee which will review the contractor’s eligibility for assignment of an ap-
prentice, the applicant’s eligibility for entry into the Program and the availability of journey-
85
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
men and/or apprentice sprinkler fitters in the applicant’s geographical area. If the applicant
is accepted for entry into the Program, a Class 1 card will be issued for the new apprentice
in care of the sponsoring contractor. If the application is rejected, the contractor and appli-
cant will be notified of the rejection and the reason therefore by certified mail and a return
receipt, requested by the Joint Apprenticeship and Training Committee.

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.

SECTION IV - MAINTENANCE OF RECORDS

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.

SECTION V - COMPLAINT PROCEDURE

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

THIS AGREEMENT made this _____ day of __________________________,


20__ , by and between the Road Sprinkler Fitters Local Union 669 (hereinafter called
“Union” and __________________________________________________________
(hereinafter called “Employer”).

*****

WHEREAS, the said Employer is desirous of hiring and employing Journeymen


Sprinkler Fitters and Apprentices; and

WHEREAS, the Union has competent and skilled Journeymen and Apprentice
Sprinkler Fitters;

NOW, THEREFORE, it is mutually agreed as follows:

(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:

_______________________ Road Sprinkler Fitters


Name of Firm Local Union 669

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

National Fire Sprinkler Road Sprinkler Fitters


Association, Inc. Local Union 669
40 Jon Barrett Road
Patterson, New York 12563 7050 Oakland Mills Road
Suite 200
845.878.4200 Columbia, MD 21046
fax: 845.878.4215 410.381.4300
www.nfsa.org fax: 301.621.8045
www.sprinklerfitters669.org
www.sf669.org A G R E E M E N T B E T W E E N

National Fire Sprinkler Road Sprinkler Fitters


Association, Inc. Local Union 669

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017

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

Wage Rate 4/1/16 4/1/17 4/1/18 4/1/19 4/1/20


$42.62 $43.92 $45.32 TBD TBD

Foreman’s Rate: $2.75 above journeyman scale


General Foreman: $5.00 above journeyman scale (22+ men on job)
Local Union 669 has a 5% dues check-off; 2 1/2% for Apprentices Class 1-4
Payroll Deduction:
Extended Benefit Fund: $.25 per hour for all hours worked payable to Local Union 669

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

Travel Expenses 4/1/16 1/1/17 1/1/18 1/1/19


0-60 miles No expenses No expenses No expenses No expenses
60-80 miles $17.50 $19.00 $19.00 $19.00
80-100 miles $27.50 $29.00 $29.00 $29.00
100+ miles $80.00 $90.00 $100.00 $105.00

If you should have any additional questions, please feel free to contact Business Agent Brian Finn at (508)
886-6444 or this office.

Created May 2016

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

National Fire Sprinkler Road Sprinkler Fitters


Association, Inc. Local Union 669
40 Jon Barrett Road
Patterson, New York 12563 7050 Oakland Mills Road
Suite 200
845.878.4200 Columbia, MD 21046
fax: 845.878.4215 410.381.4300
www.nfsa.org fax: 301.621.8045
www.sprinklerfitters669.org
www.sf669.org A G R E E M E N T B E T W E E N

National Fire Sprinkler Road Sprinkler Fitters


Association, Inc. Local Union 669

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017

Sprinkler Large Agreement 2016-21 Cover 4-C 17x11 10.indd 1 6/2/16 8:49 AM
TABLE OF CONTENTS

Article 1 Understanding Parties to Addendum A Articles of Jurisdiction.................51


Agreement........................................3 Addendum B UA Standard for Excellence .......55
Article 2 Good Faith........................................4 Addendum C Preservation of
Article 3 Recognition. .....................................4 Bargaining Unit Work.......................................59
Article 4 Union Security and Dues
Check-Off .........................................5 APPRENTICESHIP STANDARDS
Article 5 Hiring of Employees .........................7 Preamble .......................................................61
Article 6 Territory; Off-Shore Drilling Definitions .......................................................61
Operations ........................................8
Structure of the JATC ......................................63
Article 7 Wages ..............................................9
Administrative Procedures.............................. 64
Article 7A Residential Work ............................15
Responsibilities of the JATC ............................64
Article 8 Extra Contract Agreements ............18
Equal Opportunity Pledge................................65
Article 9 Job Foremen ..................................18
Affirmative Action Plan.....................................65
Article 10 Inspection Privileges ......................19
Qualifications for Apprenticeship .....................65
Article 11 Travel Expenses.............................19
Selection of Apprentices ..................................66
Article 12 Hours of Work, Shifts,
Overtime, Time Off for Union Apprenticeship Agreement...............................66
Activities, Off Hours ........................22 Ratio of Apprentices to Journeyperson............66
Article 13 Production of Labor ........................24 Term of Apprenticeship ....................................66
Article 14 Materials and Equipment Probationary Period .........................................66
and Fabrication; Making on Hours of Work..................................................67
Fittings ............................................24 Wage Progression ...........................................67
Article 15 Tools ...............................................25 Credit for Previous Experience ........................67
Article 16 Apprentices, Wage and Work Experience .............................................67
Ratio Information ............................27 Related Instruction...........................................68
Article 17 Working Within Jurisdiction Safety and Health Training ..............................69
of Other Sprinkler Unions ...............30
Supervision of Apprentices ..............................69
Article 18 Jurisdiction of Work;
Records and Examinations..............................69
Subcontracting ...............................30
Maintenance of Records..................................70
Article 19 Welfare Fund ..................................31
Certification of Completion...............................70
Article 20 Pension Fund .................................32
Notice to Registration Agency..........................70
Article 21 Education Fund ..............................33
Cancellation and Deregistration.......................70
Article 22 Additional Funds (Supplemental
Pension, Industry Promotion) ........ 34 Amendments or Modifications .........................70
Article 23 Monthly Reports and Differences/Complaint Procedure....................71
Bonds .............................................39 Collective Bargaining Agreement.....................72
Article 24 Inclusion of Transfer of Training Obligation ........................72
Other Local Unions.........................41 Responsibilities of the Apprentice....................72
Article 25 Grievance Procedure and Consultants/Technical Assistance....................73
Arbitration .......................................41 Term of Apprenticeship ....................................73
Article 26 Safety .............................................43 Ratio .......... .....................................................73
Article 27 Trade Disagreements .....................44 Wage Schedule ...............................................74
Article 28 Drug and Alcohol Abuse .................45 Schedule of Work Experience .........................74
Article 29 Duration and Reopening Schedule of Related Instruction.......................76
of Agreement ..................................48 Affirmative Action Plan.....................................79
Article 30 Provisions for Renewal Qualifications/Selection Procedures ................81
of Agreement ..................................48
Article 31 Savings Clause ..............................48

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017
AGREEMENT BETWEEN
NATIONAL FIRE SPRINKLER ASSOCIATION, INC.
and
ROAD 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
AND CANADA

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)

(PLEASE NOTE DISTRIBUTION OF COPIES - CONTINUED FROM 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.

PLEASE PRINT OR MAKE ANY NECESSARY CORRECTIONS


IN YOUR NAME, ADDRESS, LOCAL, UA CARD NO., or SOC. SEC. NO. 
Use Ball Point Pen and bear down. You are making 3 copies.

Local UA Card Number Social Security Number

Name Your Signature___________________________________


Date___________________________________________
Address
PLEASE PRINT THE FOLLOWING
City, State & Zip
Employer _______________________________________
_______________________________________________
Street __________________________________________
City, State & Zip __________________________________

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.

Extended Benefits Fund

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.

NONDISCRIMINATION: There shall be no discrimination with regard to race, color,


religion, sex, age, or national origin by either the Union or the Employer relative to employ-
ment or conditions of employment. Contractors bound by the terms of this Agreement are
likewise bound by any Affirmative Action Plans negotiated with governmental agencies by the
National Fire Sprinkler Association, Inc. and Local Union 669. Wherever used in this Agree-
ment, the masculine pronoun is understood to refer to both genders.

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.

OFF-SHORE DRILLING OPERATIONS: The following conditions of employment


shall apply to off-shore drilling operations:

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.

When an employee is required to live on the structure, he shall be furnished meals


and lodging free of charge. Where meals and lodging are provided, no payment shall be paid
under Article 11, Paragraphs (B), (C) and (D).

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.

STATES 4/1/2016 4/1/2017 4/1/2018


ALABAMA $24.62 $25.02 $25.42
ALASKA $44.75 $46.00 $47.25
ARIZONA $32.25 $33.25 $34.25
ARKANSAS $24.29 $24.29 $24.29
CALIFORNIA / (1) $35.71 $37.20 $38.85
CALIFORNIA / (2) $37.32 $39.07 $40.77
CALIFORNIA / (3) $36.88 $38.28 $39.73
CALIFORNIA / (4) $37.67 $39.17 $40.57
COLORADO $35.43 $36.73 $38.13
CONNECTICUT $42.62 $43.92 $45.32
DELAWARE $34.35 $35.35 $36.55
District of Columbia $33.40 $34.40 $35.60
GEORGIA $27.79 $28.54 $29.29
IDAHO-21 $31.60 $32.60 $33.60
IDAHO-40 $31.70 $32.80 $33.90
ILLINOIS $39.87 $41.37 $42.87
INDIANA $36.61 $37.96 $39.31
IOWA $33.61 $34.91 $36.21

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.

7) New York (1)


Excludes the counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess,
Rockland, Albany, Rensselaer, Schenectady, Saratoga and Warren.

8) New York (2)


Includes counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess and
Rockland.

9) New York (3)


Includes counties of Albany, Rensselaer, Schenectady, Saratoga and Warren.

10) Virginia (1)


Excludes the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick,
Clarke, Stafford, Spotsylvania & City of Alexandria.

11) Virginia (2)


Including the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick,
Clarke, Stafford, Spotsylvania & City of Alexandria.

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.

In the event a Journeyman Sprinkler Fitter or Apprentice is discharged, he shall be


paid in full within forty-eight (48) hours of the time his services are thus discontinued, either
in person or by certified mail, return receipt requested, to the address on record.

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.

A bad check shall be considered nonpayment of wages.

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

LOCAL 669 RESIDENTIAL WORK

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.

The bargaining parties hereby agree to establish a residential training program to be


implemented effective January 1, 2017. The Joint Apprenticeship and Training Committee
and its Director will oversee the development of the program. The Mutual Cooperation Com-
mittee referenced in Article 2 will likewise supervise the development and implementation of
the training program.

“Residential fire protection work” is defined to mean any work covered by Article 18
of this agreement on:

1. One or two family dwellings;

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.

The bolded underlined states below indicate partial exemptions:

Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of


Columbia, Georgia, Idaho, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire,
New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia (1), Virginia (2), West Virginia and Wyoming.

1.  The following special conditions are provided for bolded underlined
states defining counties within the state.

Colorado: the entire state except the counties of Adams, Arapahoe,


Boulder, Broomfield, Clear Creek, Denver, Douglas, Eagle, Elbert,
El Paso, Garfield, Gilpin, Grand, Jefferson, Lariner, Mesa, Pitkin, Pueblo,
Routt, San Miguel, Summit, Teller and Weld.

Michigan: the entire state except the Upper Peninsula.

Missouri: only applies to the counties of Barry, Christian, Greene,


Jasper, Lawrence, McDonald, Newton, Stone and Taney.

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:

Alabama, Arkansas, Georgia, Louisiana, Maine, Michigan (Excluding


Upper Peninsula), Mississippi, New Hampshire, North Carolina, Oklahoma,
South Carolina, Tennessee, Texas, Vermont and Virginia (1).

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.

The rate of wage to be paid a Residential Tradesman or Building Trades Journey-


man shall be seventy-five percent (75%) of the rate established in this Article. Residential
Helpers shall be paid thirty-five percent (35%) of the rate in the first year of their employment,
forty-three percent (43%) of the rate in the second year, fifty percent (50%) of the rate in the
third year, and sixty percent (60%) of the rate in the fourth year. Building Trades Apprentices
employed under this Article shall be paid in accordance with the rates established in this Ar-
ticle. In no event shall an individual working under this Agreement be paid less than the
Federal or applicable state minimum wage rate in addition to the fringe benefits established
herein.

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.

3. Journeymen and Apprentices referred pursuant to this procedure will be employed


for a minimum of thirty (30) working days unless the Employer has “just cause” to terminate
them.

4. Journeymen and Apprentices referred to the Employer pursuant to this procedure


shall be paid 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 be paid One Hundred Dollars ($100.00) per day. Effective Jan-
uary 1, 2019, such employee shall be paid One Hundred Five Dollars ($105.00) per day.
There shall be no travel pay or mileage as provided in this Article for travel from and to the
employee’s residence outside the “fully employed” area.

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).

(M) Nothing herein contained shall be considered as inconsistent with the


Federal Wage and Hour Laws.

(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

HOURS OF WORK, SHIFTS AND OVERTIME:

(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.

(G) COMPUTATION OF OVERTIME: For purposes of computing overtime compensation


pursuant to this Article, when an Employee’s wage rate is adjusted to include a shift
or off hours differential for premium work as provided for in this Agreement, the dif-
ferential shall be included in the calculation of overtime compensation for that Em-
ployee.

ARTICLE 13

PRODUCTION OF LABOR: There shall be no limitation of the amount of work to be


performed, except as required by Article 26.

No Sprinkler Fitter Journeyman or Apprentice working for an Employer shall work


overtime at sprinkler work for another Employer during any twenty-four (24) hour calendar
day period.

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.

Addendum B, the U.A. Standard for Excellence, is incorporated by reference herein.

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

TOOLS: All tools will be furnished by the Employer.

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:

1)  5 gal. bucket or hand held toolbox


1)  Bucket caddy
1) 10” “Ridgid” aluminum pipe wrench
1) 14” “Ridgid” aluminum pipe wrench
1)  18” “Ridgid” aluminum pipe wrench
1)  10” adjustable wrench
1) # 420 or 430 Channel locks
1)  # 426 Channel locks
1) Allen wrench set
1) Straight screwdriver
25
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
1)  Phillips head screwdriver
1)  2-lb ball-peen hammer
1)  3/4” x 12” chisel
1) 12” adjustable wrench
1) Hack saw
1) 25’ tape
1)  Tin snips
1) 1/2” ratchet & socket set (3/8” - 1 ¼”)
1)  3/8” ratchet, 9/16” socket & 3/8” x 8 point socket
1)  Utility or pocket knife
1)  6’ rule
1)  Magnetic torpedo level
1)  Key-hole saw
1)  Half round file
1) Flashlight / Headlamp

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.

If unemployment within the District of the applicant’s home address exceeds


eight percent (8%) or ten (10) Journeymen and Apprentices, whichever is greater, the Em-
ployer may not hire a new Apprentice for thirty (30) days after the JATC notifies the Union of
the request for an Apprentice, or until the percent no longer exceeds eight percent (8%) or
ten (10) Journeymen and Apprentices within the District of the applicant’s home address.

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.

Apprentices Rate Percentage Scale of Journeyman’s Rate


Class 1 45%
Class 2 50%
Class 3 55%
Class 4 60%
Class 5 65%
Class 6 70%
Class 7 75%
Class 8 80%
Class 9 85%
Class 10 90%

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.

Where there is no Journeyman S.I.S. contribution, there shall be no Apprentice S.I.S.


contribution.

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.

RATIO OF APPRENTICES TO JOURNEYMEN: Employers employing Apprentices


under the terms and conditions of this Article shall be allowed one (1) Apprentice to the first
Journeyman and one (1) Apprentice to each Journeyman thereafter. No Apprentice may be
employed on a job where there are no Journeymen employed.

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

WORKING WITHIN JURISDICTION OF OTHER SPRINKLER UNIONS: When em-


ployees covered by this Agreement enter into the jurisdiction of other Sprinkler Local Unions,
they shall work under the terms and conditions of the existing sprinkler bargaining agreement
in effect in that area.

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.

SUBCONTRACTING: Any Employer party to this Agreement may subcontract the


work as outlined in the paragraph above, provided he subcontracts to a contractor that has
a Collective Bargaining Agreement with Local Union 669.

ARTICLE 19

NATIONAL AUTOMATIC SPRINKLER INDUSTRY WELFARE FUND: It is mutually


agreed that a Welfare Fund on a National Automatic Sprinkler Industry basis has been es-
tablished for those employees who are covered by this Collective Bargaining Agreement.

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

NATIONAL AUTOMATIC SPRINKLER INDUSTRY PENSION FUND: It is mutually


agreed that a Pension Fund on a National Automatic Sprinkler Industry basis has been es-
tablished for those employees who are covered by this Collective Bargaining Agreement.

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

NASI-LOCAL 669 INDUSTRY EDUCATION FUND: It is mutually agreed that an Ap-


prenticeship System has been established for the purpose of providing educational training
as provided by the Apprenticeship Standards.

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

(A) Supplemental Pension Fund:


It is mutually agreed that a Sprinkler Industry Supplemental Defined Contribution Pen-
sion Fund has been established for those employees whose wages are covered by this Col-
lective Bargaining Agreement.

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.

7) New York (1)


Excludes the counties of Orange, Putnam, Westchester, Sullivan, Ulster, Dutchess and
Rockland, Albany, Rensselaer, Schenectady, Saratoga and Warren.

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.

9) New York (3)


Includes counties of Albany, Rensselaer, Schenectady, Saratoga and Warren.

10) Virginia (1)


Excludes the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick,
Clarke, Stafford, Spotsylvania and City of Alexandria.

11) Virginia (2)


Including the counties of Fairfax, Arlington, Prince William, Loudon, Fredrick,
Clarke, Stafford, Spotsylvania and City of Alexandria.

Where there is no Journeyman S.I.S. contribution, there shall be no Apprentice S.I.S.


contribution.

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.

Under this Agreement, it is agreed that a Sprinkler Industry Supplemental (S.I.S.)


Defined Contribution Fund contribution shall be established for Residential Tradesman 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 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.

(B) Industry Promotion Fund:

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

MONTHLY REPORTS: Employers party to this Agreement shall submit contributions


to the Welfare, RESA, Pension, Educational, S.I.S. and Industry Promotion Funds in accor-
dance with rules, regulations and procedures established by the Trustees of the Welfare,
RESA, Pension, Educational, S.I.S. and Industry Promotion Funds.

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.

Each contractor who is a subscriber to this Agreement or who desires to become a


39
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
subscriber to this Agreement shall furnish to the Union with a copy to the NFSA a cash or
surety bond with a U. S. Treasury Listed Bonding Company in proportion to the average
number of hours worked per month during the preceding year:

Number of Effective April 1, 2016


Reportable Hours Amount of Bond or
Per Month Irrevocable Letter of Credit
1-350 $25,000
351-900 $50,000
901-2,000 $100,000
Over 2,000 $250,000

Said bond shall expressly guarantee, in the following order of priority:

(1) Wages, including dues, as required by this Agreement;

(2) Welfare Fund contributions, as required by this Agreement;

(3) Pension Fund contributions, as required by this Agreement;

(4) Education Fund contributions, as required by this Agreement;

(5) S.I.S. Fund contributions, as required by this Agreement;

(6) Industry Promotion Fund contributions, as required by this Agreement; and

(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

INCLUSION OF OTHER LOCAL UNIONS: It is mutually agreed that if the National


Fire Sprinkler Association, Inc. shall agree with the other Local Unions of the United Asso-
ciation of Journeymen and Apprentices for the establishing of Welfare Funds and Pension
Funds, in any such case the National Fire Sprinkler Association, Inc. and such other Local
Unions may in writing agree that said Welfare Fund and Pension Fund shall be operated
under the same provisions of this Agreement.

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

GRIEVANCE PROCEDURE AND ARBITRATION: During the term of this Agreement


41
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 strikes, lockouts, slowdowns, or work stoppages. However, violation by an
Employer involving:

(a) Non-payment of wages at the time due;

(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;

(c) Non-payment or non-reporting of fringe contributions due and payable under


this Agreement subject, however, to the late filing clause contained in Article 23;

(d) Failure to participate in the grievance procedure, or to abide by the decision of


the Grievance Committee as set forth in Step 2 of this Article, or the Arbitrator as set forth in
Step 3 of this Article; or failure to participate in the grievance-arbitration procedure when ar-
bitration has been requested under Step 3 of this Article after Steps 1 and 2 have been ex-
hausted;

(e) Failure to provide or maintain in effect a bond as required by Article 23;

…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.

If the grievance or dispute is not settled to the satisfaction of the employee,

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

Section A: Job Safety

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.

Section B: Radiation Exposure

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.

2.  Exposure to radiation shall be kept as low as possible.

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

TRADE DISAGREEMENTS: Except as provided in the first paragraph of Article 25 of


this Agreement, there shall be no strikes, slowdowns, work stoppages or lockouts for any
cause during the term of this Agreement. All other disputes relative to the interpretation and
application of this Agreement shall be processed in accordance with Article 25 of this Agree-
ment.
44
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
This shall not include strikes which may be called by the Local Building Trades Council
and sanctioned by the United Association, such strike and strikes to be only local in character.

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

DRUG AND ALCOHOL ABUSE:

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:

Drug or alcohol testing shall be applicable to all employer non-bargaining unit


employees, including company executives and officers.

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:

Initial Test Level nanogram/millileter


Amphetamines 1000
Barbiturates 300
Benzodiazepines 300
Cocaine 300
Methadone 300
Opiates 2000
Phencyclidine (PCP) 25
Propoxyphene (Darvon) 300
THC (marijuana and cannabinoids) 50
Methaqualones (Quaaludes) 300

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.

7.  All records pertaining to investigation and assessment of an employee shall be


maintained in the Employer’s possession in accordance with all laws.

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.

10. The following employee rights shall be provided:

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

DURATION AND REOPENING OF AGREEMENT: This Agreement shall be effective


April 1, 2016 to March 31, 2021.

ARTICLE 30

PROVISIONS FOR RENEWAL OF AGREEMENT: Sixty (60) days prior to April 1,


2021, written notice may be given by either party requesting a conference to prepare such
alterations or amendments as may be agreed to. Failing to give such written notice, this
Agreement remains in force from year to year, until written notice of sixty (60) days prior to
April 1 is served. Written notice shall be sent by certified mail to the National Fire Sprinkler
Association, Inc. and to the Local Union at its National Office.

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.

FOR THE UNION: FOR THE ASSOCIATION:

D. Shawn Broadrick Fred Barall


Brian W. Dunn Rory Schnurr
James E. Tucker Jon Ackley
James L. Shumberger, Jr. William Ball
Jeffery B. Shadrock, Jr. Steve Comunale
Gregory D. Adams Marty Corcoran
William E. Burns, Jr. Jeff Daane
Scott A. Paczesniak David Dixon
Robert J. Cooper, Jr. Keith Fielding
Brian E. Fisher Jace Hierlmeier
Darrin A. Parsons Kamran Malek
William R. Puhalla Andy McCleery
William Meyer
Steve Oliver
Jim Paben
Mark Tate
Steve Ulmer
Gary Willms

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.

17. All power plant piping of every description.

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.

20. All soot blowers and soot collecting piping systems.

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.

38. All air piping of every 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

MEMBER AND LOCAL UNION RESPONSIBILITIES:

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.

PROBLEM RESOLUTION THROUGH THE UA STANDARD FOR EXCELLENCE POLICY:

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.

MEMBER AND LOCAL UNION RESPONSIBILITIES:

• 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.

EMPLOYER AND MANAGEMENT RESPONSIBILITIES:

• 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.

ADDITIONAL JOINTLY SUPPORTED METHODS OF PROBLEM RESOLUTION:

• 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

PRESERVATION OF BARGAINING UNIT WORK

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.

Because the practice of double-breasting is a source of strife in the sprinkler indus-


try that endangers mutual efforts to expand market share for union members and union em-
ployers, it is the intention of the parties hereto that this clause be enforced to the fullest
extent permitted by law.

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.

Local application of these Apprenticeship Standards, in States having State appren-


ticeship agencies, may require adaptation to meet the standards of apprenticeship in such
States.
PREAMBLE

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.

These Apprenticeship Standards constitute a revision of the original Apprenticeship


Standards registered by the Office of Apprenticeship of the U.S. Department of Labor in
1953 and revisions thereof. By registering these training standards, the Office of Appren-
ticeship certifies that they conform to labor standards necessary to safeguard the welfare of
Apprentices. The U.S. Department of Labor’s general labor standards for Apprentice Pro-
grams are set forth in Title 29, Code of Federal Regulation (CFR), Part 29.

Local application of these Apprenticeship Standards, in States having State appren-


ticeship agencies, may require adaptation to meet the standards of apprenticeship in such
States.
DEFINITIONS

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.

ASSOCIATION means the National Fire Sprinkler Association, Inc.

CERTIFICATE OF COMPLETION OF APPRENTICESHIP means the Certificate issued by


the Registration Agency to those registered apprentices certified and documented as suc-
cessfully completing the apprentice training requirements outlined in these Standards of Ap-
prenticeship.

COLLECTIVE BARGAINING AGREEMENT means the negotiated agreement between the


Road Sprinkler Fitters Local Union No. 669 and the signatory employers represented by the
National Fire Sprinkler Association, Inc. that sets forth the terms and conditions of employ-
ment.

COMMITTEE means the Joint Apprenticeship and Training Committee.

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:

(a) Be financially responsible and current in Fringe Benefit Payments.

(b) Have the necessary facilities to assure effective training.

(c) Employ Local 669 Journeyperson in accordance with the existing


Journeyperson-Apprentice ratio.

(d) Agree to adhere to the program as set up by the Committee.

(e) Be signatory to the Local 669 Joint Apprenticeship Program Affirmative Ac-
tion Plan and Selection Procedures.

JOURNEYPERSON means a recognized level of competency as recognized within the in-


dustry;

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.

RELATED INSTRUCTION means an organized and systematic form of instruction designed


to provide the apprentice with knowledge of the theoretical and technical subjects related to
his/her occupation.

STANDARDS OF APPRENTICESHIP or STANDARDS means this entire document, in-


cluding these definitions, all appendices and attachments to this document, and any future
modifications or additions approved by the Registration Agency.

SUPERVISOR OF APPRENTICE(S) means an individual designated by the program spon-


sor to supervise or have charge and direction of an apprentice.

UNION means the Road Sprinkler Fitters Local Union No. 669 of the United Association.

SECTION I. - PROGRAM ADMINISTRATION

Structure of the Joint Apprenticeship and Training Committee

(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.

Responsibilities of the Joint Apprenticeship and Training Committee

(a) To determine the need for Apprentices.

(b) To determine the adequacy of an Employer to give proper training.

(c) To place Apprentices under written Apprenticeship Agreements.

(d) To establish minimum standards of education and experience required of Ap-


prentices.

(e) To approve Apprenticeship Agreements and to submit these Agreements for


registration to the Registration Agency.

(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.

(g) To hear and adjust all complaints of violation of Apprenticeship Agreements.

(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.

(k) To notify the Registration Agency of all terminations or cancellations of Agree-


ments.

(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.

(m) To be responsible in general for the successful operation of these Standards


by performing the duties here listed, by cooperating with public and private agencies which
can be of assistance, by obtaining publicity, in order to develop the support of the public in
Apprenticeship and by keeping in constant touch with all parties concerned - Apprentices,
Employers and Journeyperson(s). To cooperate with the National Fire Sprinkler Association
and Road Sprinkler Fitters Local Union 669 in carrying out the provisions of Collective Bar-
gaining Agreement.

(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)

The recruitment, selection, employment and training of Apprentices shall be without


discrimination because of race, color, religion, national origin or sex. The Employer will take
affirmative action to provide equal opportunity in apprenticeship and will operate the Ap-
prenticeship Program as required under Title 29 of the Code of Federal Regulations (CFR),
Part 30, as amended. The affirmative action program, with required implementation, for the
selection of Apprentices shall be the one prepared by the Committee.

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.

SECTION IV. - QUALIFICATIONS FOR APPRENTICESHIP - Title 29 CFR 29.5(b) (10)

Qualifications for apprenticeship will be in accordance with the procedures made a


part of these Standards (Appendix D).

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).

SECTION VI. - APPRENTICESHIP AGREEMENT - Title 29 CFR 29.5(b) (11)

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:

(a) The Employer

(b) The Joint Apprenticeship and Training Committee

(c) The Office of Apprenticeship

(d) The Apprentice

Parties to the Apprenticeship Agreement may consult with the Registration Agency for
an interpretation of any provision of the Standards over which differences occur.

SECTION VII. - RATIO OF APPRENTICES TO JOURNEYPERSON - Title 29 CFR 29.5(b)


(7)

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.

SECTION VIII. - TERM OF APPRENTICESHIP - Title 29 CFR 29.5(b) (2)

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.

SECTION X. - HOURS OF WORK

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 XI. - APPRENTICE WAGE PROGRESSION - Title 29 CFR 29.5(b) (5)

Apprentices will be paid a progressively increasing schedule of wages during their


apprenticeship based on the acquisition of increased skill and competence on the job and
in related instruction. Before an apprentice is advanced to the next segment of training or to
Journeyperson status, the Committee will evaluate all progress to determine whether ad-
vancement has been earned by satisfactory performance in their OJL and in related in-
struction courses. In determining whether satisfactory progress has been made, the
Committee will be guided by the work experience and related instruction records and re-
ports. The progressive wage schedule will be an increasing percentage of the Journeyper-
son wage rate as established in the Collective Bargaining Agreement. The percentages that
will be applied to the applicable Journeyperson rate are shown on the attached Work
Processes and Related Instruction Outline (Appendix A). In no case will the starting wages
of apprentices be less than that required by any minimum wage law which may be applica-
ble.

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.

SECTION XIV. - RELATED INSTRUCTION - Title 29 CFR 29.5(b) (4)

Each Apprentice shall be required to participate in the correspondence study program


devoted to subjects related to the trade which has been developed by the Committee. Hours
of related training shall be no less than 144 hours per year. Class 1-4 Apprentices will be pro-
vided with broad general knowledge. The training of Class 5-10 Apprentices will be con-
centrated on the specific skills required of the sprinkler trade mechanic. Apprentices will not
be paid for time devoted to related instruction.

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.

SECTION XVI. - SUPERVISION OF APPRENTICES - Title 29 CFR 29.5(b) (14)

(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.

(c) The Committee may request interested agencies or organizations to designate a


person or persons to serve as consultants. Consultants will be asked to participate without vote
in conference on special problems relating to Apprenticeship Training which affect the agencies
they represent. If any fees are to be paid to consultants, approval must be obtained in advance
from the National Fire Sprinkler Association, Inc. and Local Union No. 669.

SECTION XVII. - RECORDS AND EXAMINATIONS - Title 29 CFR 29.5(b) (6)

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 may also discipline an Apprentice by postponing advancement from


one period of training to the next or by temporarily removing the Apprentice from the job,
causing loss of employment.
69
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
Before invoking any disciplinary action, the Committee must notify the Apprentice by
certified mail. If the Apprentice fails to show satisfactory cause for on-the-job actions or fails
to correct Related Instruction delinquencies within the specified time, disciplinary action may
be invoked.

SECTION XVIII. - MAINTENANCE OF RECORDS - Title 29 CFR 29.5(b) (22)

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.

SECTION XIX. - CERTIFICATE OF COMPLETION OF APPRENTICESHIP - Title 29 CFR


29.5(b) (15)

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.

SECTION XX. - NOTICE TO REGISTRATION AGENCY - Title 29 CFR 29.5(b) (18)

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.

SECTION XXI. - CANCELLATION AND DEREGISTRATION - Title 29 CFR 29.5(b) (17)

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.

SECTION XXII. - AMENDMENTS OR MODIFICATIONS - Title 29 CFR 29.5(b) (17)

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.

SECTION XXIII. - ADJUSTING DIFFERENCES/COMPLAINT PROCEDURE - Title 29 CFR


29.5(b) (21) and 30(11)

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.

If an applicant or an Apprentice believes an issue exists that adversely affects his/her


participation in the apprenticeship program or violates the provisions of the Apprenticeship
Agreement or Standards, relief may be sought through one or more of the following avenues,
based on the nature of the issue:

Title 29 CFR 29.5(b) (21)

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.

Title 29 CFR 30.11

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.

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 Committee will provide written notice of their complaint procedure to all appli-
cants for apprenticeship and all apprentices.

SECTION XXIV. - COLLECTIVE BARGAINING AGREEMENT

No provisions in these Standards will be construed as permitting violation of any ap-


plicable, State or Federal laws or regulations.

Nothing in these Standards will be interpreted as being inconsistent with an existing


or subsequent Collective Bargaining Agreement establishing higher standards, or meant to
interfere with or abridge management’s rights as vested to them under the Collective Bar-
gaining Agreement.

SECTION XXV. - TRANSFER OF TRAINING OBLIGATION - Title 29 CFR 29.5(13)

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.

SECTION XXVI. - RESPONSIBILITIES OF THE APPRENTICE

The Apprentice shall:


72
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
(a) Perform diligently and faithfully the work of the trade, and perform such other
pertinent duties as may be assigned in accordance with the provisions of the registered Stan-
dards.

(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.

SECTION XXVII. - CONSULTANTS/TECHNICAL ASSISTANCE

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.

The Committee is encouraged to invite representatives from industry, education, busi-


ness, private and/or public agencies to provide consultation and advice for the successful op-
eration of their training program.

WORK PROCESSES AND RELATED INSTRUCTION OUTLINE

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.

2. RATIO OF APPRENTICES TO JOURNEYPERSON

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.

3. APPRENTICE WAGE SCHEDULE

Apprentices shall be paid a progressively increasing schedule of wages based on a


percentage of the current Journeyperson wage rate as contained in the Collective Bargain-
ing Agreement. The applicable wage schedule is as follows:

Class 1: 45% Class 6: 70%


Class 2: 50% Class 7: 75%
Class 3: 55% Class 8: 80%
Class 4: 60% Class 9: 85%
Class 5: 65% Class 10: 90%

4. SCHEDULE OF WORK EXPERIENCE

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.

SKILL AREA ** Rec. Hrs. Rec.% Max. Hrs.


(a) Installation Overhead Piping 5,000 50.0 7,000

(b) Installation system 1,250 12.5 1,750


Controlling valves,
Controlling devices & alarms

(c) Installation Underground Piping 1,000 10.0 1,400

(d) Installation System Supply 875 8.75 1,225

(e) Repair & remodeling work 1,875 18.75 2,625


10,000 100.00 14,000

**To ensure a well rounded Journeyperson, an Apprentice is restricted to maximum of 2,500


hours welding. Welding experience may be either in the field or in a fabrication shop.

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.

Where there is no Journeyman S.I.S. contribution, there shall be no Apprentice S.I.S.


contribution.

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.

RATIO OF APPRENTICES TO JOURNEYMEN: Employers employing Apprentices


under the terms and conditions of this Article shall be allowed one (1) Apprentice to the first
Journeyman and one (1) Apprentice to each Journeyman thereafter. No Apprentice may be
employed on a job where there are no Journeymen employed.

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.

5. SCHEDULE OF RELATED INSTRUCTION

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.

First year courses:

Job Safety and Health - 8 lessons, final exam; computer graded.

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.

This course is a general introduction into how pipe-trades apprentices move up in


their careers. The Apprentice is taught how a contractor obtains jobs, as well as the outlook
for future growth of the pipe trades.

Use and Care of Tools - 11 lessons, 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.

Second year courses:

Introduction to Automatic Sprinklers – 11 lessons, final exam; computer graded.

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.

Reading Automatic Sprinkler Piping Drawings - 11 lessons, final exam; computer


graded.

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.

Sprinkler Systems Calculations - 16 lessons, 1 mid-course review, final exam; in-


structor graded.

This course teaches the Apprentice mathematical concepts such as how to use a TI-
36x calculator in solving problems of sprinkler system installation.

Third year courses:

Installation of Sprinkler Systems - 14 lessons, final exam; computer graded.

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.

The Automatic Sprinkler - 14 lessons, final exam; computer graded.

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.

Fourth year courses:

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.

Sprinkler System Water Supply – 11 lessons, final exam; computer graded.

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.

Types of Fire Protection Systems - 14 lessons, final exam; computer graded.

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.

Fifth year courses:

Special Application Sprinkler Systems - 11 lessons, final exam; computer graded.

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.

Economics of the Sprinkler Industry - 8 lessons, final exam; computer graded.

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.

Human Relations - 11 lessons, final exam; computer graded.

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.

Technical Reports - 5 lessons, final exam; instructor graded.

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.

AFFIRMATIVE ACTION PLAN

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.

SECTION III - UTILIZATION AND ANALYSIS, GOALS AND TIMETABLES

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.

SECTION IV - RECRUITMENT AND OUTREACH

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.

SECTION V - ANNUAL REVIEW OF AFFIRMATIVE ACTION

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.

QUALIFICATIONS AND SELECTION PROCEDURES

PART A. MINIMUM QUALIFICATIONS

Applicants for Apprenticeship not heretofore connected with the Trade:

(a) Must be the age of 18 or over.

(b) Must be a high school graduate or have G.E.D.

(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.

PART B. SELECTION PROCEDURES

SECTION I - DEFINITIONS

Applicant: Any individual who has submitted an Apprenticeship Application.

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.

SECTION II- JATC SELECTION PROCEDURE

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.

2. Except as provided in Article 16 of the Collective Bargaining Agreement, effective April 1,


2016, between NFSA and Local 669:

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.

b. Information relating to work in the trade as an apprentice.

c. The Complaint Procedure.

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.

17. All applicants must be asked the same questions.

SECTION III - JATC SELECTION

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.

5. Final approval or rejection of an application submitted by a participating contractor will be


made by the Committee which will review the contractor’s eligibility for assignment of an ap-
prentice, the applicant’s eligibility for entry into the Program and the availability of journey-
85
State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000
New Parking Garage Project Labor Agreement August 11, 2017
men and/or apprentice sprinkler fitters in the applicant’s geographical area. If the applicant
is accepted for entry into the Program, a Class 1 card will be issued for the new apprentice
in care of the sponsoring contractor. If the application is rejected, the contractor and appli-
cant will be notified of the rejection and the reason therefore by certified mail and a return
receipt, requested by the Joint Apprenticeship and Training Committee.

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.

SECTION IV - MAINTENANCE OF RECORDS

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.

SECTION V - COMPLAINT PROCEDURE

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

THIS AGREEMENT made this _____ day of __________________________,


20__ , by and between the Road Sprinkler Fitters Local Union 669 (hereinafter called
“Union” and __________________________________________________________
(hereinafter called “Employer”).

*****

WHEREAS, the said Employer is desirous of hiring and employing Journeymen


Sprinkler Fitters and Apprentices; and

WHEREAS, the Union has competent and skilled Journeymen and Apprentice
Sprinkler Fitters;

NOW, THEREFORE, it is mutually agreed as follows:

(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:

_______________________ Road Sprinkler Fitters


Name of Firm Local Union 669

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

National Fire Sprinkler Road Sprinkler Fitters


Association, Inc. Local Union 669
40 Jon Barrett Road
Patterson, New York 12563 7050 Oakland Mills Road
Suite 200
845.878.4200 Columbia, MD 21046
fax: 845.878.4215 410.381.4300
www.nfsa.org fax: 301.621.8045
www.sprinklerfitters669.org
www.sf669.org A G R E E M E N T B E T W E E N

National Fire Sprinkler Road Sprinkler Fitters


Association, Inc. Local Union 669

State Office Building Renovation 00 73 46.2 Gilbane Job No. J06930.000


New Parking Garage Project Labor Agreement August 11, 2017

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

BID PACKAGE 31B Gate


INGTO

SCOPE:
WASH

Extend concrete barriers


from Buckingham to
Project limit on
Washington. Provide new
fencing on top of barriers
and transfer screening.

drawing title

SITE PREPARATIONS PLAN STATE OF CONNECTICUT


DEPARTMENT OF ADMINISTRATIVE SERVICES
HISTORY OF SUBMISSIONS DIVISION OF CONSTRUCTION SERVICES

mark date description drawing prepared by date


12.23.2015 50% SCHEMATIC DESIGN 01.31.2017
FUSS & O'NEILL 07.06.2017
Temporary Site Finishes
03.04.2016
04.04.2016
75% SCHEMATIC DESIGN
SCHEMATIC DESIGN PRICING SET
146 HARTFORD ROAD
MANCHESTER CT, 06040
scale
1"=30'
05.04.2016 100% SCHEMATIC DESIGN

Construction Logistics
08.04.2016
01.31.2017
50% DESIGN DEVELOPMENT
100% DESIGN DEVELOPMENT
project

STATE OFFICE BUILDING RENOVATIONS AND


drawn by

Gate by BP31B 146 HARTFORD ROAD


NEW PARKING GARAGE
165 CAPITOL AVENUE
approved by

MANCHESTER, CONNECTICUT 06040 drawing no.


860.646.2469 HARTFORD, CT
www.fando.com CAD no.
20130583_STP02
project no.
BI-2B-381
CP-101
State Office Building Renovations 00 09 00 Gilbane Job No. J06930.000
New Parking Garage Site Logistics Plan July 6, 2017

You might also like