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Edgehill-Hilltop Drive-Drainage
Nu, PAGGI & MARTIN Consulting Engineers & Land Survo?ors 54-56 Main Street Pouglikeepsle, New York 12601 914-471-7 898 April 18 , 1990 RECENED APR 2 3 1990 Town of Wappinger 20 Middlebush Road ELAINESSNOWDEN Wappingers Falls , New York 12590 TOWN CLEFA Attention: Town Board Reference : Barringer Drainage Dear Board Members : After a field inspection of the above, it appears that the existing drainage swale is not flowing towards All Angels Hill Road, and ponding is occurring within the easement. The entire ditch from behind Lots No. 31 (Barringer) , 30 and 29 , will require regrading in order to reestablish the flow towards All Angels Hill Road. Also, the drainage ditch has been overtaken by vegetation and garbage in the area between Lots No. 30 and 29 which is restricting the flow of water. At All Angels Hill Road there is an existing 15 inch corrugated metal pipe with an end section which discharges into an existing catch basin on All Angels Hill Road. Then the stormwater flows north approximately 50 feet to another catch basin, which in turn crosses under All Angels Hill and discharges to a stream west of All Angels Hill Road. This stream requires cleaning, which should be done by the County. The existing 15" corrugated metal pipe extends 60 feet up along }.;'fie drainage easement, but is not Jn the easement. (See enclosed map for pipe and easement locations) . our recommendation is to first clear the swale of vegetation and debris , then regrade the entire swale starting from behind Barringer' s lot, down to the existing 15 inch pipe . It is our opinion that the work required to alleviate the drainage problem can be accomplished by the Town Highway Department. jocph E.Paggi,Jr.,1'.E. Ernst Nlar6n,Jr., RE., L.S. April 18 , 1990 Page Two Town of Wappinger 20 Middlebush Road Wappingers Falls , New York 12590 Attention: Town Board Reference : Barringer Drainage If there are any questions or concerns , please do not hesitate to contact this office . Very truly yours , Charles R. Bene, Jr. for Paggi & Martin CRD:nar cc : Graham Foster, Town Highway Superintendent w,/Encl. HIM rye Wippinger Falls , NY 1259C) January 29 , 1990 Supervisor Town of Wappinger Town Boar(J. P .O . . aO . B i s x 324 Wappinger Falls , NY 1259C) 70.+w'.nr Supervisor , on October 3I,)' t 1989 1 wrote t:ut. y ouL; off 0c? regarding a sevk.I°.?wa drainage problem which exists behind my house at 5 Edgehill }.hr 1,ve and my neighbors . i requested th!(::'8l this b o, addressed "i. t ,:!:i Town. Board meeting a i,..n d d,h,ti Town En~w:dro leCi:' r directed to assess t h e situation.. `..I o li7',yX knowledge , '1"'o hi»1g has e e n done v .B g Vis . f have attached my October 30 letter for reference . Please look i7s."tC,,:Y this ma"k'w,'f.er" as soon a :, possible as something CV.'6.'6.is't be done to correct ec).: this problem. lu believe this is a Town ..}i.seITkei1.t as per 1:a.Cyr' tdee":`"eC°'d ( attached) . Thank you very much h f o r "yr ams a h.e l p w Wayne Barringer, 5 Edgehl" li-DAve Wappinger Falls , NY 12590 October 30 , 1989 Supervisor Town of Wappinger Town Board P. O . Box 324 Wappinger Falls , NY 12590 Dear Supervisor , There exists a drainage easement behind my property and also behind the property of my neighbors . This ditch has deteriorated over the years and is no longer functioning cori ectly . in fact , water now flows into the ditch and ponds behind my home instead of draiming away. This water can get over 2 feet deep at times and stays for months after a rain storm. My Lot is swampy to be-j ""n wfi.th and this add iKonal runoff leads to water in my basement . Some time ago , we contacted the Town regarding rhis . I believe someone from the Highway Department came to look a it to determine if a covert was plugged . He said that there was no covert across All Angels Road and that we needed to have Tnwn Engineer come out to view the problem and determine how it can be corrected . Please deietmine if the easement behind my property Q a Pown easement . My deed states - . . . an easement ±or Lhe discharge of surface and other waters from the rear of said premises and across the rear of lots 029 and #30 as shown on the said map to All Angels Road- . 1 believe it to be a Town easemenL . if PC. is a Town easement . please ask the Town Engineer to assess the I'roblem and arrange to have it corrected as soon as possible ., Please discuss this request at the November 1989 Town Board Meeting . A possible . Thank you very much . 'ire spectfuLly yours , Wayne a Ir i nge�' S—dud MY.B,XX,T.—la0b7-10M. Co ap,1aloY Cnry wth .C,anials. +rI�tfua@ wra[iou.. ' .ua��m:ted s��e❑,M, i CONSULT YOUR LAWYER BEFORE SIGNING THIS IN5TICUMEHT -THIS HE" iOULALEE USED BY LAWYERS ONLY THIS INDENTURE,made the _j'/ day of ,September,nineteen hundred and, Eighty Six --I BETWEEN PHYLLIS Cl SEWARD, residing at 5 Edgehill Drive, Wappingers Falls, New York 12590 party of the first part,and WAYNE A.rBARRINGER AND IRENE F. BARRINGER, residing at 8 Douglas Street, Poughkeepsie, New York. party of the second part, WITNESSETH,that the party of the first part,inconsideration of TEN and no/100---------------- --------------------------------------($10.00)------------------dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the TOWN OF WAPPINGER, County of Dutchess: and State of New York, which on a certain map entitled "Amended Map of Edgehill Manor" dated May, 1962, and filed in the Dutchess County Clerk's Office on May 17, 1962, and known as May #3036, is designated thereon as lot #31. SUBJECT to the covenants, conditions and restrictions contained in a deed from Eugen Schuele and James Thomann to James Thomann, dated July 11, 1961, and recorded in the Dutchess County Clerk's office on July 12, 1961, in Liber 1061 of Deeds at page 157. SUBJECT to public utility easements of record. TOGETHER with an easement and right of way for ingress and agress on foot and in vehicles of all kinds, upon, over and along the road designated on said map as Edgehill Drive from said premises to All Angels ]toad, for the benefit of the grantee herein, his distributees and assigns, until such time as the said roads are accepted as public streets or thoroughfares. BEING a portion of the premises covneyed by John Dupcak and Velma Dupcak, his wife, to Eugen. Schuele and James THomann by deed dated !July 1, 1959, and recorded in the Dutchess County Clerk's office July 8, 1959, in Book 1000 of Deets at page 433. SUBJECT to the requirements of the Dutchess County Health Department relating to the construction of the sewage disposal systems as shown on said map. TOGETHER with an easement for the discharge of,-surface and other_ waters from the rear ;of said premises andacross the rear of lots' ",,', X29 and #30 as' shown an '`saz:d map toAll ANgels Road.,' BEING the same premises conveyed by George A Muths, Jr. and Edd A. Muths, to Rossiter L. Seward, Jr. and Phyllis C. Seward by deed dated July 8, 1966 and recorded in the office of the Dutchess County Clerk in Liber 1206 of Deeds at page 564., Said Rossiter L. Seward, Jr. died a resident of the County of Dutchess on October 1.2, 1979, survived by his wife, Phyllis C. Seward. This Deed is being re-recorrlccl so as to correct the lot number from rru, Lot It] to Lot #31.. W ;:y�^ fawr:ri:rir 'W MORRIS & ANDROS ENGINEERING CONSULTANTS 367 Violet Avenue, Poughkeepsie, New York 12601 914,454-3411 12 Fair Street,Carmel, New York 10512 914-225-9353 May 7, 1984 Supervisor Versace and Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New "York 12590 Re: G.T. Keros 120 Edgehill Drive Drainage Concern F (T) Wappinger Dear Members of the Board: As requested this letter is written to advise of the discussion involving reso- lution of the Keros drainage concern. The undersigned completed a site inspection with the Highway Department (Mr. Croshier) on the morning of April 23rdf1984. We investigated the Keros drainage concern which seemed to involve an underground spring collecting in his backyard, as well as a collection of surface runoff waters from the neighboring properties in a low area in the rear yards. The solution, which would be a joint effort, involving both the Highway Department and Mr. Keros (and possibly neighbors) includes the following: Mr. Keros (and/or neighbors) are responsible to install their own drainage improve- runt (french drainage system) of perforated piping to collect the water in the rear yards and pipe same down the existing easement, to the Town road (being approximately 2 feet deep in the ground at the end) ; upon completion of the above the Highway department will then extend an existing storm drainage system up along Edge Hill Drive for approximately 100 feet, installing 100 feet of 15"piping and a catch basin to terminate at the downhill corner of the Keros driveway. The aforesaid improvements will carry the site runoff waters into the Town storm drainage system and thus a positive means of discharge. We hope the Town finds this informative and helpful for this project. Very truly yours, MORRIS & ANDROS Ronald M. Evangelist RME:eb Engineer to the Town cc: Ken Croshier i; ������ {.i.�71✓ yt t --�' t; „�`� +�.�:-°�° �GLS,,," , C��. r�' 4 «� � ,.��d:', ,�'�,✓ ..,�..y.�„ A w" /0 � ^ -. , r , w_ UIINK M. )--Jacllj ) );.4,, it/"PoV6c1zS FAr-L /V, V 00 party of the first pqrt and 'DAVID M. YEAGER and 'SUSAN R. YEAGER, residing at 801 Stratford Drivor Apartment 12, State College, Pennsylvania , husband and wife, party of the second part WITNESS=1, Out :he party of the first part, in mnsidcration of --------------------ONE HTrIDRFD-------------------(1100� lzwful money of the United S#Atcs, and other good and valuable considerationpaid by the party of the second part, does hereby gTant and jtjcase tnto the party of the second Ixart, il,c heirs or successors and assigns of the party of the second part forever, ALL that ctrt2un plot, piece or parcel of land, with the buiifdingi and improverntnts thuron crrcttd, situate, lying and being in tt�e Town of WAppircrer- County of Dutchess and State of New York, which on a certain map entitled "Amended Map of Edgehill Manor" dated May, 1962 and filed in the Putchess County Clerk' s Office on May 17, 1962, and known as Map #3036 is designated thereon as Lot f117. SUBJE-CT to the covenants, conditions and restrictions contained lin a deed from Eugen Schuele and James Thomann to J-,LT.es Thor,,tnn, dated July 11, 1961 and recorded in the Dutchass County Clerk' s-, Office on July 12, 1961 in Liber" 1061 of Deeds at page 157. SU3JECT to public utility casements of record. XCEPTING AND RESERVING to Edge Hill Manor, 'Inc. , its 'k—`-C-CeEsors Iand assigns, an easement 10 feet (10) in width for the drainage of surface and other waters from Partners Road to E(Igehill. r s follows described a Drive said eas6ment being more particularly described as follows: more � j BFGIN�NING at a paint on the northerly line of Ear-ehill Drive, said paint 0 . f t 5g. point, being North 68* 37 ' 20" East 333 .02 -feet and North 590 13' 41% ' East 127.75 feet from the point of curve connecting the northerly line of said Edgehill Drive with the easterly line of Beatty Road and—running thence throligIn Lot 4118 .as shown on a certain mala entitled -.-Eciichill Manor" and filed in the Dutche-qs-Scur.ty Clerk' s Office, 116rtli': 25* 16 ' 30" West 207.90 feet to a point approximately ,5 feet- beyond the rear line of said Lot #118, hence through other lands of Edge Hill Manor, Inc. North 511 06 ' 30" East 52.72 feet and ?Torth 28* 19' 10" West 275. 39 feet to the southerly line of Partners Road; 7; thence along said line- North 51* 06' 30" East 10 feet; thence leaving said line and running through other lands of Edge Fill Manor,- Inc. South 23* 19 ' 00" East 283. 67 feet to a point approxinately 5 feet southerly of the rear line of Lot #1171 thence through said Lot 411.7 South 510 061 30" West 52.72 feet and South 25!. 16 ' 30" Ea' .3t -193 .92 feet: to the northerly line of the aforesaid Edgehill, Dzive', thence along said line South 58" 131 40" West 10-06 feet to the Point cf becrinning.- Being a portion of the premises conveyed by Edward s. Beatty ry and Helen R. Beatty, his wife, to Eugen Schucle and Janes Thomann by deed dated J-ine 16, 1960, and recorded in the Dutchess County Clerk Office on June 24, 1960 in Book 1030 of Deeds at page 134 , Policy No. RGRD 708166 BAF)#f387 SMEDULE A The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece or parcel of land situate, lying and being in the TOWN OF WAPPINGR, County of Dutchess and State of New York, shown and designated as Lot No. 117 on a certain map entitled, "Amended Map of Edgehill Manor"- , dated May, 1962 and filed in the Dut- chess County Clerk ' s Office on May 17, 1962 as Map No. 3036, bounded and described as follows: BEGINNING at a point, said point being the intersection of the westerly line of Lot No. 116 with the northerly line of Edgehill Drive as shown on the aforesaid Map, and running thence along said northerly line of Edgehill Drive, South 581 13 ' 40" West 100 . 00 feet; thence along the Easterly line of Lot No. 118 , Filed Map No. 3036 , along the center of a 10 foot wide drainage easement, North 25' 16 ' 30"' West 203 . 41 feet; thence along the southerly line of Lot No. 126.E and Lot No. 127A, filed Map No. 3187 , North 511 06 ' 30" East, a portion of which is along the center of a 10 foot wide drainage easement, 100 . 00 feet; thence along the westerly line of Lot No. 116 , aforesaid, South 251 51 , 10" East 215 . 66 feet to the point of BEGINNING. SG�LC� !°=soy ,EXSf(j e� 1`7-1p _> ``�.► � ^ �• ` ' �'�7 Jnr �i - __ NEER r,^ r ��' •� m J � _��l „r.,. -._ _ -.._..:. moo , � Zn/ -47 ..rte Y �--J \( - -- - � -�_SB��/-/c.;✓ � ' s.v,= X0701 N �R' �.-/' JR S _ I PROPOSAL FOR TOWN OF WAPPINGER CONTRACT NO. 85-06 PHASE VI. STREAM CLEANING AND STORM DRAINAGE PROGRAM PREPARED BY MORRIS AND ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE, POU4GHKEEPSIE, NY 12601 SEPTEMBER 1985 .. r 1 PROPOSAL FOR TOWN OF WAPPINGER CONTRACT NO. $5-06 PHASE VI STREAM CLEANING AND STORM DRAINAGE PROGRAM II PREPARED BY MORRIS AND ANDROS j ENGINEERING CONSULTANTS 367 VIOLET AVENUE, POUGHKEEPSIE, NY 12601 SEPTEMBER 1985 i NOTICE TO CONTRACTORS i Sealed proposals are sought and invited by the Town Board, Town of Wappinger for Contract No. 85-06 as set ,forth in Drawings and Specifications prepared by Morris and Andros, Engineering Consultants, 367 Violet Avenue, Poughkeepsie, New York 12601. Bids will be received by the Town Clerk of the Town of Wappinger, Town Hall, Mill Street, Wappingers Falls, New York, until 12:00 noon on the 17th day of October, 1985, at which time and place they will be publicly opened and read aloud, with the Contract being awarded as soon as practicable thereafter. Work proposed under Contract No. 85-06 consists mainly of stream cleaning and realignment, tree removal, and associated drainage improvements to a stream along Hilltop Drive and Edgehill Drive in the Town -of Wappinger. All Contract Documents including Information for Bidders, Proposal Forms, Bond Requirements and Forms, General and Special Conditions governing the Contract may be examined between the hours of 8:00 am and 4:00 pm, at the office of Morris & Andros, 367 Violet Avenue, Poughkeepsie, NY 12601 on or after October 1, 1985 but not later than October 16, 1985. Copies of these Documents may be obtained in person, at the office of the Town Clerk, Town Hall, Mill Street, Wappingers Falls, New York upon making a deposit of twenty-five (25) dollars for each set obtained. A11 deposits shall be in the form of a check or money order made payable to the Town of Wappinger and is non-refundable. Each bidder must deposit with his bid, security in the amount of not less than five percent (5%) of the base bid in the form of a Certified Check or a Bid Bond subject to the conditions of this Contract. No proposal will be accepted unless a Non-Collusion certification is submitted with the proposal.. The Town Board, Town of Wappinger expressly reserves the right to waive any informalities in or to accept any bid or to reject any and all bids or to award on any or all items as the interest of the Town of Wappinger may appear to require. No bidder may withdraw his bid within forty-five (45) days after the actual date of the Bid opening. By order of the Town Board, Town of Wappinger, New York. I Signed at Wappingers Falls, New York By: Elaine Snowden TOWN CLERK Date: Signature I PROPOSAL FOR TOWN OF WAPPINGER CONTRACT NO. 85-06 PHASE VI STREAM CLEANING AND STORM DRAINAGE IMPROVEMENT i SECTION A i INFORMATION FOR BIDDERS I : PREPARED BY MORRIS & ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE, POUGHKEEPSIE, NY 12601 SECTION A INFORMATION FOR BIDDERS 1. Definitions OWNER: The Town Board, Town of Wappinger, New York, as represented by the Town Board, or the Supervisor, or any other person designated by them to act on their behalf. ATTORNEY: The Attorney for the Town Board, Town of Wappinger, New York as designated and duly appointed by that Board. ENGINEER: The Consulting Engineer for the Town Board, Town of Wappinger, New York as designated and duly appointed by that Board directed or assigned by him to this Contract. CONTRACTOR: The contractor signatory to this contract and bid proposal, and any and all agents and/or subcontractors he may employ in its performance and who will be hereinafter referred to in these documents in the first person singular. SUBCONTRACTOR: Any person, firm or corporation, other than the contractor, who contracts with the contractor to furnish labor, material and/or equipment for this contract. CONTRACT DOCUMENTS: The Notice to Contractors, the Information for Bidders, the Proposal, the Agreement (Contract) , the General, Special and Supplemental Conditions, the Bid Bond, the Performance Bond, the Non-Collusion Statement, the plans and Specifications and all Addenda issued shall constitute the Contract Documents. I j The contents of each and every Contract Document shall be mutually cooperative, complementary and correlating and shall be equally binding on and enforced on all Subcontractors and others connected with the performance of this Contract. 2. Invitation to Bid The Town Board, Town of Wappinger, New York., hereinafter called Owner, invites bids on the proposal form, attached hereto, for stream cleaning and drainage improvements to a stream along Hilltop Drive and Edgehill Drive in the Town of Wappinger, Dutchess County, New York as specified in Contract 85-06. 3. Location and Description of Project Work proposed under Contract No. 85-06 will be carried out along Hilltop Drive and Edgehill Drive in the Town of Wappinger and consist mainly of stream cleaning and realignment, and drainage improvements to various drainage structures. f -2- 4. Form of Bid (a) Proposals must be submitted only on the designated form, all blank spaces of which must be filled in, in ink, in both words and figures with the total sum for which the proposal is made. In case of a discrepancy the word description will govern. (b) Contractors proposals shall include all labor, materials, equipment, machinery and related items necessary for a complete job as shown on the Plans and Specifications whether or not such items are explicitly shown or mentioned. (c) The complete form shall be without erasures interlineations or alterations. (d) No oral, telegraphic or telephonic proposals or modifications will be considered. (e) Proposals shall remain in force for sixty (60) days from the bid opening date. (f) Proposal forms must remain attached hereto. (g) The signature(s) on this and all other Contract Documents must be in ink and in longhand. (h) Proposals received after the time set for opening will not be considered and will be returned unopened to the bidder. (i) Proposals may be withdrawn by bidders, prior to, . but not latex than, the time fixed for the opening of the bids. 5. Submission of Proposal (a) Bids will be received ,by the Owner until 12.:00 noon, on the 25th day of September, 1985 at the Office of the Town Clerk of the Town of Wappinger, Town Hall, Mill . Street, Wappingers Falls, New York, at which time and place they will be publicly opened and read aloud. -3- (b) All bids must be submitted in sealed envelopes, bearing on the outside the name of the bidder, his address, and the name and number of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope(s) containing the proposal and marked as directed above must be enclosed in another envelope addressed to the Town Clerk, Town of Wappinger, Town Hall, Mill Street, Wappingers Falls, New York 12590 preferably by registered mail. The Owner may consider as informal any bid not prepared and submitted in accordance with the provisions hereof. Any bid may be withdrawn prior to the scheduled time for the opening of bids and authorized postponement thereof. 6. Non-Collusion in Bidding Statement The Statement of Non-Collusion by Bidders, attached hereto, shall be considered to be a part of the Proposal and no bid will be considered unless it remains attached to the Proposal and bears the initials of the Bidder or his authorized agent. 7. Bid Security As assurance that the bid is made in good faith, the proposal must be accompanied by: (a) A certified check drawn on a solvent Bank or Trust Company with its principal place of business in New York State in an amount equal to five percent (5%) of the amount bid made payable to the Town of Wappinger or by (b) A bond issued by a Surety Company authorized to do business in New York State, and approved by the Owner's Attorney, in an amount equal to five percent (5%) of the amount bid on the form attached hereto. (c) Said check or Bid Bond shall be given as a guarantee that the bidder will enter into a Contract with the Owner within ten (10) days after notification by registered mail of the acceptance of his proposal. Such bid security of the three (3) lowest bidders may be held for sixty (60) days at the discretion of the Owner and then returned. Security of the other bidders will be returned within ten (10) days after the opening of the bids. In case of refusal, or of failure, of the selected bidder to enter into a Contract within the stipulated time, that bidder shall be considered to have abandoned the Contract and the check or bond will be declared forfeited to the Owner as liquidated damages. No plea of mistake in a bid shall be available to the bidder for the recovery of his bid security or as a defense to any action based on neglect or refusal to execute a contract. i . i -4- 8. Bidders Res onsibilit (a) Bidders shall be responsible at the time of bidding for completing all certifications required by these Contract Documents. Failure to, comply with this requirement may cause the bidder to be considered non-responsive and therefore not eligible for award. (b) Bidders are cautioned not to submit proposals until after they have ' carefully examined all sites of the proposed work and premises adjacent thereto and the various means of approach to the sites and shall make all necessary investigations to inform themselves thoroughly as to the facilities for delivering, unloading, storage and handling of materials and machinery at the sites. (c) They should also inform themselves thoroughly as to all difficulties involved in the completion of all work proposed under this Contract and in accordance with its requirements including access to the work site. (d) Exact location of the proposed work sites may be obtained by contacting Michael J. Morris, P.E. , at (914)454-3411 . {e) Bidders shall examine the Drawings and Specifications and exercise their own judgement as to the nature and amount of the whole of the work to be done, and, for the bid prices, shall assume all risk of variance by whomsoever made in any computation or statement of amounts f or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (f) The Contractor shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Owner. (g) The Engineers have made surveys relative to the ground profiles which may be encountered at the site of the proposed work, the results of which are for the most part shown on the Plans. This information is believed to be reasonably correct but is not guaranteed to be absolutely so. (h) In addition to making a careful examination of the Plans referred to, the Contractor, at his own expense and only after having received written approval from the Engineer, may make borings, test pits or such other methods as he may prefer to satisfy himself as to the character, location and amounts of water, mud, clay, sand, gravel, quicksand, boulders, conglomerate, rock and other material which may be. encountered in the locations where the proposed work is to be performed. -5- I (3) No plea of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigation, will be accepted as an excuse for any failure or omission on the part of .a Contractor to fulfill in every detail, all of the requirements of the Contract Documents, or will be acceptd as a basis for any claims whatsoever for extra compensation, or for an extension of time. l Bidders are warned that the estimate of the quantities of the various items of work and. materials as set forth on the Bid Sheet are approximate only and are given solely to be used as a uniform basis for the comparison of bids. The quantities actually required to complete the contract work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. 9. Qualifications of Bidders Prior to awarding a contract to the apparent successful bidder,. the Owner i reserves the right to require from such bidder a sworn statement giving evidence of sufficient facilities, equipment, experience and financial ability to assure completion of all work set forth in the Contract Documents. It is understood that all such data will be received in strictest confidence and returned to the bidder as soon as practicable. 10. Non-discrimination-in Employment By submission of this bid, each bidder, and each person signing on behalf of any bidder, certifies that if awarded a contract pursuant to submission of a Proposal for work set forth in the Contract Documents, he will not discriminate against employees or applicants for employment because of race, creed, color, national origin,' sex, age, disability, or marital status and will undertake programs of affirmative action to assure that they are afforded equal employment opportunities without discrimination. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, lay-off or termination, rates of pay or other forms of compensation and . selection for training or retraining, I including apprenticeship and on--the-job training. 11. Security for Faithful Performance The successful bidder simultaneously with the execution of the Contract, shall submit on the form provided herein, a bond in the amount of one hundred percent (100%) of the Contract price, as a guaranty that he shall, well, truly and faithfully perform the duties, undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof and any extensions i -6- thereof which may be granted by the Owner and during the one year guaranty period; said bond to be issued by a Surety Company authorized to do business in the State of New York and approved by the Attorney for the Town Board, Town of Wappinger. Attorneys-in-fact, who sign Contract bonds must file with such bonds a .certified copy of the Power of Attorney to sign such bonds. 13. Basis of Award The Contract will be awarded, if at all, to the lowest responsive and re- sponsible bidder as determined by the Owner and by the terms and conditions of the Contract Documents. Bids will be compared on the basis of the totals of the estimated quantities comprising all items at their respective lump sum prices and/or unit prices bid for those items. 14.. Rejection of Bids i The Owner reserves the right to reject any or all bids, or to waive any or all irregularities in any one or all of the bids received. The competency and responsibility of bidders will be considered in the making of the Award and the bidder by submitting his proposal, agrees to be bound by the decision of the Owner. Conditional bids will not be accepted. 15. Labor Laws The Contractor shall abide by all local and State laws or ordinances to the extent that such requirements do not conflict with Federal laws or regulations. 16. Labor Safety and Health Regulations The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54) . 17. Labor Rates Wage rates to be paid by all Contractors and Sub--contractors for laborers and mechanics engaged in the construction of this project shall not be less than the prevailing rates for similar work in the locality where construction work is located, as stipulated in the prevailing wage rate determinations made by New York State Department of Labor for the type of construction specified and required in the Contract Documents and as shown on the Plans. 18, Labor Standards and Enforcement Procedures Certain other labor standards and enforcement procedures must be observed also. These involve the proper classification of Laborers and Mechanics, the kinds of deductions in wages allowed, apprenticeship training programs, etc. Provision is also made for adequate enforcement of Labor Standards. i -7- 19. Sales and Compensating Use Taxes i The Town of Wappinger is an exempt organization under the Tax Laws and is exempt from payment of Sales and Compensating Use Taxes of the State of New York and cities and counties of the State of all materials which are to be incorporated into the construction, pursuant to the provisions of the Contract. These are not to be included in the bid. However, this is not to be construed by bidders I as relieving them from any obligation to pay a sales tax on applicable items pursuant to terms of the present Sales Tax Law. 20. Changes in Construction Details Items of equipment offered by some manufacturers or suppliers may require changes in the construction detailed on the Contract Drawings. Therefore, the cost included in the bid shall include, in addition to the cost of furnishing and installing the item of equipment itself, the costs occasioned by the preparation of detailed drawings supplied by the Contractor showing all changes, if any, (from details shown on the Contract Drawings) in structures, piping, seals, controls or other devices required to insure a complete satisfactory operating installation of the equipment offered by the manufacturer or supplier. Such detailed drawings shall be subject to the approval of the Engineer as to conformance with the over-all project requirements. 21. Material Substitution Each bidder shall base his bid upon the materials and equipment as described in the bidding documents. The successful Contractor will not be allowed to make any substitutions on his own initiative, but in each instance will be required to obtain authorization from the Engineer before making any substitution of any kind or nature which is at variance with the material(s) called for in the Contract Documents. 22. Addenda and Interpretations i Any discrepancies or omissions found in the drawings or specifications shall be brought to the attention of the Engineer. No interpretation of the meaning of the Drawings, Specifications or other Contract Documents will be made to any bidder orally. Prospective bidders must request in writing such interpretation from the Engineer and such interpretation will be given in writing. To be given consideration, such request must be received at least seven (7) working days prior to the date fixed for the opening of the bids. Any and all such ' interpretations and any supplemental instructions will be in the form of written addenda which, if issued, will be sent by registered mail, with return receipt requested, to all prospective bidders (at the respective addresses furnished for such purposes) not later than five (5) working days prior to the date fixed for the opening of the bids. Failure of any bidder to receive any such addenda or interpretation shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. 1,y PROPOSAL FOR TOWN OF WAPPINGER I . CONTRACT NO. 85-06 PHASE VI STREAM CLEANING AND STORM DRAINAGE IMPROVEMENT 1 SECTION B PROPOSAL i PREPARED BY MORRIS & ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE, POUGHKEEPSIE, NY 12601 SECTION B PROPOSAL TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK PHASE VI STREAM CLEANING AND STORM DRAINAGE PROGRAM CONTRACT NO. 85-06 TO THE TOWN BOARD: TOWN OF WAPPINGER, NEW YORK Pursuant to and in compliance with your invitation to bid contained in the Notice to Contractors dated , , and in the (month) (day) (year) Information for Bidders, Flans and Specifications, General and Special Conditions together with all Addenda, relating thereto, issued by the Engineer and mailed to the undersigned by registered mail with return receipt requested, prior to the date fixed for the opening of the bids, whether received by the undersigned or not; the undersigned hereby proposes to furnish all labor, materials, supplies, equipment and other facilities and things necessary or l proper for, or incidental to Stream Cleaning and Drainage Improvment Project, as required by and in strict accordance with the Plans, Specifications and all other documents relating to Contract 85-06 for the prices stipulated in the Bidding Sheets which are attached hereto as a part of the Bid Documents. Name of Bidder *Individual, Firm or Corporation *Cross out words which do not apply. (If Bidder is an Individual, fill in the following blanks) i Name of Bidder: Legal Address• Number, Street or Avenue 1 City, Town or Village, County, State, Zip I Telephone: -------------------------------------------------------------------------- (If Bidder is a Firm or Partnership, fill in the following blanks) i . Name of Firm: Legal Address: Number, Street or Avenue City, Town or Village, County, State, Zip Telephone: Names and addresses of Partners: i -2- (If Bidder is a Corporation, fill in the following blanks) Name of Corporation: Legal Address: Number, Street or Avenue City, Town or Village, County, State, zip I Organized under the laws of the State of: Name and Address of President: Name and Address of Secretary: Name and Address of Treasurer: I . -3- THIS AFFIDAVIT SHALL BE COMPLETED BY AN INDIVIDUAL SUBMITTING A BID FOR PHASE VI STREAM CLEANING AND STORM DRAINAGE PROGRAM ( CONTRACT NO. 85-06 i I STATE of ) COUNTY of ) ss: being duly sworn, deposes and says: That he is the person described in and who executed the foregoing bid and that the several matters therein are in all respects true. Subscribed and sworn to before me this day of 19 Notary Public, County of Number i iMy Commission expires -4- THIS AFFIDAVIT SHALL BE COMPLETED BY A FIRM OR PARTNERSHIP SUBMITTING A BID FOR PHASE Vi STREAM CLEANING AND STORM DRAINAGE PROGRAM CONTRACT 85-06 STATE of } COUNTY of } ss: being duly sworn, deposes and says: That he is a member of 3 1 The firm described in and which executed the foregoing bid; that he duly subscribed the name of the firm thereunto on behalf of the firm; and that the several matters therein stated are in all respects true. a Subscribed and sworn to before me this 1 : day of 19 jNotary Public, County of Number My Commission expires I , -5- I i 1 { l THIS AFFIDAVIT SHALL BE COMPLETED WHEN A CORPORATION IS SUBMITTING A BID FOR PHASE VI 1 STREAM CLEANING AND STORM DRAINAGE PROGRAM 1 CONTRACT NO. 85-06 I STATE of } 1 , COUNTY of } ss: being duly 1 sworn, deposed and says: That he 'resides at Street, in the City of r '. that he is the of i the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal and was so affixed by order of the Board of Directors of said corporation; that he signed his name thereto by like order; and that he has knowledge of the several matters therein stated and they are in all respects true. 1 Subscribed and sworn to before me this day of 19 Notary Public, i . County of Number 1 My Commission expires i I I 1 -6- i THE UNDERSIGNED BIDDER AFFIRMS AND DECLARES THAT: 1. If this Proposal is accepted by the Town Board, Town of Wappinger, as evidenced by issuance of a Notice of Award by the Owner, mailed to the undersigned by registered mail with return receipt requested, to the legal address of the Bidder as indicated on this Proposal, the undersigned will execute a Contract on the form of Agreement herein provided and will comply with all provisions of said Notice of Award with special attention being paid to the provisions therein which relate to the time, place and date fixed for the execution and submitting of a Contract relating to Contract No. 85-06. 2. That this bid is made without any understanding, agreement or connection with any other person, firm or corporation, making a bid for the same work, and that it is in all respects fair and without collusion or fraud. 3. He has carefully examined the site of the 'work and, that from his own investigations, he has satisfied himself as to the nature and location of the work, the character, quality and quantity of existing materials and all difficulties likely to be encountered, the kind and extent of equipment and other facilities needed for performance of the work,, the general and local conditions and all other items which may, in any way, affect the work or its performance. 4. He has carefully examined and fully understands all of the component parts a of the Contract Documents, and that he will execute the Contract and will completely perform it in strict accordance with the provisions thereof for the sum set forth on Sheet 8 of this Proposal. 5. No officer or employee of the Town Board, Town of Wappinger, or any person whose salary is payable in whole or in part by the Town Board is, shall be, or shall become interested directly or indirectly as a contracting party, partner, stockholder, surety or otherwise in this bid or in the performance of the Contract or in the supplies, materials or equipment, or to work or i labor to which it relates, or in any portion of the profits thereof. i 6. He is not in arrears to the Town Board upon debt or Contract and is not a defaulter as surety or otherwise upon any obligation to the Town Board, Town of Wappinger. r 7. All work under Contract 85-06 shall be completed within one hundred twenty (120) calendar days from the date of a Notice to Proceed, executed by the owner and mailed to the undersigned by registered mail with return receipt requested, to the legal address of the Bidder as indicated on this Proposal. Exceeding the completion date will subject the Bidder to a fine, not to exceed one hundred twenty-five dollars ($125) per calendar day. 8. No claim whatsoever will be made by the Bidder against any officer, agent, or employee of the Owner or Engineer for, on account of, or by reason of anything done or omitted to be done in connection with this Contract. -7- 9. If this Proposal contains any unlawful provision not an essential part of the Proposal and which shall not appear to have been a controlling or material inducement to the making thereof. the same shall be deemed of no effect and will upon notice by either the Owner or the Bidder be deemed stricken from the Proposal without affecting the binding force of the remainder. i 10. Each and every- provision of any law and clause required by law to be inserted in this Proposal, shall be deemed to be inserted herein and the Proposal shall be read and enforced as though it were included herein: and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the 1 Proposal shall forthwith be physically amended to make such insertion. 11. As Signatory to this Proposal, for all work proposed, items furnished and strict compliance with all provisions of each and every Contract Document relating to Phase VI, Stream Cleaning and Storm Drainage Program, Contract 85-06 agrees to accept (unless modified under the terms listed in General Conditions) a total, final and fixed contract price not to exceed, j 1 (In Writing and Figures) �I 1 I : i PROPOSAL FOR 1 TOWN OF WAPPINGER CONTRACT NO. 85-06 PRASE VI J STREAM CLEANING AND STORM DRAINAGE IMPROVEMENT 5 SECTION C CONTRACT AGREEMENT 1 PREPARED BY MORRIS & ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE, POU GHKEEPSIE, NY 12601 i CERTIFICATION OF NON-COLLUSION BY BIDDE$S No bid will be considered unless this Certification remains attached to and is submitted with the Proposal I i By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as j to its own organization, under penalty of perjury, that to the best of his J knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of J restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (2) Unless otherwise required by law the prices which have been quoted in this bid have not knowingly been disclosed by the bidder and will not knowingly y be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor before the time of the bid opening. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for s the purpose of restricting competition. A bid shall not be considered for award nor shall any award be made where (1) (2) and (3) above has not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the State, public department or agency to which the bid is made, or his designee, determines that such disclosure was i not made for the purpose of restricting competition. r (4) The fact that a bidder (a) has published price lists, rates, or jtariffs, covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph (1) . (5) Any bid hereafter made to any public authority or to any official of any public authority created by the State or any political subdivision, by a corporate bidder for work of services performed or to be performed or goods sold or to be sold where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in the lead paragraph of this section, shall be deemed to have been authorized by the Board of Directors' signing and submission of the bid and the inclusion► therein of the certificate as to non-collusion as the act and deed of the Corporation. Signature Date w �I o cwi w P+ G v P O u] H w H W H z � o z �d a z w w x 3 I i � H w wH zz w H H O U W 1 H CY) 00 00 W H j O irs N I ^� —4 t w d I I 1 z En UH > � 0 3 3 U Fq CJ PL4 rn U N +1 O [d N w N h U U V O W U 61 4] W 0 H ul I1 0 }4 O U rl (D V A w y � V �n -d �" +s .Q °4s 3 v `� b z eo " m " � - w � w Jj � -� mx H cu0 G u a $4 c) s{ 34 N U�4' U u1 U M V 3 W U W n+ -4 C14 O O C3 O O O • Cl -4 N N i q q � ■ § W a . w � � % . b . \ § \ ? ƒ � / \ \ \ cm& A \ cq q2 \ \ � \ q & 3 ® / J r /co / ° m \ \ / \ rj 4 $ / $ 4 § ] § S § \ \ / / -H \ S w Pf ( § d a o o % 1 � / / 0 / / k � B r o 0 o c ® / o 0 2 2 .cn J / 2 m � . . . . . . . . . . . . . . . . . . . . _ . . . n dm u � ¥ � | \ . \ k / 00 / 7 , \� \A4B H � . / k � \ � . . m / PL4 | . I B ] � \ � � k ] � f \ § B ƒ / \ § n E. r 00 41 U) U 43 cr 2 04 k-� \ / \ moo In B \ \ \ \ / H P k 2 Q . � f � . a 2 E-4 , ¥ . SECTION C '.i TOWN BOARD TOWN OF WAPPINGER CONTRACT AGREEMENT } THIS AGREEMENT, made and executed this day of , in the year One Thousand Nine Hundred and Eighty by. and between the Town Board, Town of Wappinger, hereinafter called the party of the first part and Contractor, herein called the party of the second part, WITNESSETH: in consideration of the Mutual Stipulations Agreement and Convenants herein contained the parties hereto have agreed and hereby agree with I each other, the party of the first part for itself, its successors, and assigns, and the party of the second part, for itself, or himself, or themselves, and its successors and assigns or his or their executors, administrators and assigns, as follows: The Town Board, Town of Wappinger, New York agrees to pay and the Contractor agrees to accept (unless modified under the terms set forth in the General Conditions) a total, final and fixed Contract Price of for Phase VI, Stream Cleaning and Storm Drainage Program, Contract 85-06. The Contractor will furnish all labor and materials necessary to perform the work shown on the Plans and Specifications as prepared for the Town Board, Town of Wappinger by Morris & Andros, Engineering Consultants, dated January, 1985 and September, 1985 and entitled Phase VI Stream Cleaning and Storm Drainage Program, Included in this Contract are all of the materials, labor, supervision, ?; equipment, tools, permits, licences, insurance, bonds and/or certificates, and all items necessary and required for a full and complete job as called for in the plans and specifications. ' The Contractor, by placing his signature on this Contract, hereby certifies that he has read and is aware, cognizant, and knowledgeable of the contents of the General Conditions of the Contract which is hereby made a part of this Contract, and he agrees to abide by and be bound by, its contents and by all applicable Federal, State and local laws, ordinances and Statutes. Attached hereto and bound into is a Performance Bond, in the amount of ($ ) Surety as required by provisions of the Contract Documents. -3 Payments, both progress and final will be made as detailed in the General Conditions section of the contract documents. i The Contractor agrees to begin work on the day specified in the General Conditions for Contract and unless the date for completion is extended pursuant l to provisions of said General Conditions, he agrees to complete the work in i one hundred twenty (120) consecutive calendar days. 1 I : I . -2- IN WITLESS WHEREOF, the parties hereto have set their hand and seal: * Contractor By: * By: Signature Title . * Address (Seal if a Corporation) Witness is l 1. An individual trading as 1 . 2. A partnership consisting of i E 3. A corporation organized and doing business under the laws of the State of with principal offices located at Note: Please complete 1,2, or 3 above * Please type -3- PROPOSAL FOR TOWN OF WAPPINGER CONTRACT NO. 85-06 g PHASE VI y STREAM CLEANING 1 AND { STORM DRAINAGE PROGRAM . I SECTION D GENERAL CONDITIONS FOR CONTRACT 1 . 1 PREPARED BY MORRIS & ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE, POUGHKEEPSIE, NY 12601 SEPTEMBER 1985 Index for Section D - General Conditions for Contract Sub-Section page 1. The Contract 1 2. Definitions 1 3. The Engineer 4 4. The Supervisor 4 . I 5. Time of Start and Completion 5 J 6. Extension of Time 5 7. Contract Modifications 6 8. Extra Work 6 9. Disputed Work 7 10. Omitted Work 8 11. Material Substitution 8 a 12. Qualification of Bidders 8 ' 13. Contract Security 8 14. Contractor's Responsibilities 9 15. Sub-Contractors 9 16. Responsibility 9 17. Contractor's Warranties 10 I8. Codes and Ordinances 10 a 19. Intent of Specifications 10 20. Plans and Specifications 11 21. Inspection 11 22. Boundaries 11 23. Coordination With Other Work 12 24. Location of Underground Structures 12 25. Claims for Damages 13 d 26. Patented Devices, Materials and Processes 13 27. Suits at Law 13 ? 28. Compliance With Laws 15 . 29. State Law 15 30. Labor Laws 16 31. Compliance With General Municipal Law 17 32. No Claims Against Individuals 18 33. Hold Harmless 18 34. No Waiver of Rights 18 Index for Section D - General Conditions for Contract (cont.) Sub-section Page 35. Maintenance and Guaranty 19 36. Protection of Work and of Persons and Property 19 37. Limitations and Consent 20 38. Liquidated Damages 20 39. Character and Competency 20 40. Superintendence 21 41. ;Non-Discrimination Clause 21 42. Owner's Right 21 43. No Estoppel 22 44. Contractor's Default 22 45. Contractor's Duty 23 46. Completion of the Work 23 47. Payroll Reports 23 48. Monies Retained Against Claims and Liens 23 49. General Insurance 24 50. Payment 25 51. Progress Payments 25 52. Final Payment 25 53. Acceptance of Final Payment 26 54. Payments Withheld 26 55. Unlawful Provisions 27 56. Legal Provisions Deemed Included 27 57. Refuse and Debris 27 1 58. Work hours 27 59. Conflicting Information 27 1 i THE CONTRACT Article 1. Except for titles, sub-titles, headings, running headlines, tables of contents and indices (all of which are printed herein merely for convenience) the following, except for such portions thereof as may be specifically excluded, shall be deemed to be part of this Contract: 1. Notice to Contractors i 2. Information for Bidders 3. Proposal 4. Agreement 5. Bid Bond 6. Certification of Non-Collusion by Bidders 7. Performance Bond 8. Qualification of Contractors' Statement 9. General Conditions 1 10. Detailed Specifications 11. Drawings 12. All Addenda issued by the Owner or his duly authorized representative prior to receipt of bids 13. All Provisions Required by Law to be inserted in this Contract whether actually inserted or not DEFINITIONS Article 2, The following words and expressions, or pronouns used in their { stead, shall, wherever they appear in this Contract, be construed as follows, r unless a different meaning is clear from the context. (a) "Owner" shall mean the Town Board, Town of Wappinger, New York represented by its Supervisor, party of the first part. E (b) "Contractor" shall mean the party of the second part hereto, whether Corporation, firm or individual, or any combination thereof, and its, their, or his, successors, personal representatives, executors, administrators and assigns, and any person, firm or Corporation who is or which shall at any time be substituted in the place of the party of the second part under this Contract. E (c) "Supervisor" shall mean the chief executive officer of the Town Board, Town of Wappinger, New York. (d) "Engineer" shall mean the Engineer duly designated by the Owner to act as such, with the powers and duties as defined in the Contract Documents for the Engineer. f . -1- i (e) "Inspector" shall mean an authorized representative of the Owner assigned to make any and all necessary inspections of the work performed and materials furnished by the Contractor. (f) "Surety" shall mean any person, firm or Corporation that has executed as surety, any Bond or Bonds required to be executed by the Bidders or Contractors as they relate to the provisions of the Contract. (g) "The Work" shall mean everything expressly or implicitly required to be furnished and done by the Contractor under the Contract and shall include both contract work and extra work. (h) "Contract Work" shall mean everything expressly or implicitly required to be furnished and done by the Contractor or by any one or more of the parts of the Contract referred to in Article 1 hereof, except 1 extra work as hereinafter defined; it being understood that, in case of any inconsistency in or between any part or parts of this Contract, the Engineer shall determine which shall prevail. (i) "Extra Work" shall mean work other than that required either expressly or implicitly by the Contract in its present form. It may include work in areas designated on the Plans as areas of future work, or in areas within the contract limits or adjacent thereto. s (j) "Final Acceptance" shall mean acceptance of the work by the Supervisor as evidenced by his signature upon the final Certificate of Completion. Such acceptance shall be deemed to have taken place only if and when such signature is affixed to said Certificate. 1 (k) "Contract" or "Contract Documents" shall mean each of the various parts of the Contract referred to in Article l. hereof, both as a whole i and severally. d (1) "Plans" shall mean only those drawings specifically entitled as such s and listed in the Specifications, or in any Addendum or Addenda. (m) "Specifications" shall- mean all of the directions, requirements, and standards of performance applying to the work as hereinafter detailed and designated as such. (n) "Addendum" or "Addenda" shall mean the additional Contract provisions issued in writing by the Engineer prior to the receipt of bids. (o) "Service of Notices". The Contractor hereby designates the business address specified in his bid as the place where all notices, ' directions or other communications to the Contractor may be delivered, i or to which they may be mailed. Actual delivery of any such notice, direction or communication to the aforesaid place, or depositing it in -2- i a postpaid wrapper addressed thereto in any post-office box regularly maintained by the United Stated Postal Service shall be conclusively deemed to be sufficient service thereof upon the Contractor as of the date of such delivery or deposit. Such address may be changed at any time by an instrument in writing executed and acknowledged by the Contractor and delivered to and receipted for in writing by the Engineer. Nothing herein contained shall, however, .be deemed to preclude or render inoperative the service of any notice, direction or other communication upon the Contractor personally, or, if the Contractor be Ja Corporation, upon any officer of director thereof. (p) "Subcontractor" shall mean any person, firm or Corporation, other than employees of the Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor or labor and materials, or labor and equipment at the site. (q) Whenever they refer to the work or its performance, the words "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import are used, they shall imply the direction, requirement, permission, order, designation or prescription of the Engineer and "approved", "acceptable", "satisfactory", "in the judgement o€", and words of like import, shall mean approved by, or acceptable to, or satisfactory to, in the judgement of the Engineer. o : (r) "Bidder" means the person, firm or Corporation submitting a formal bid for the work. (s) "Site" shall mean the area upon or in which the Contractor's a operations are carried on, and such other areas adjacent thereto as 11! may be designated as such by the Engineer: (t) "Project" shall mean the entire improvement to which this Contract relates. (u) "Act of God" shall mean "an act occassioned exclusively by violence of nature without the interference of any human agency. It means a natural necessity proceeding from physical causes alone without the intervention of man. It is an act, event, happening, or occurrence, and disaster and effect due to natural causes and inevitable accident, . or disaster; a natural and inevitable necessity which implies entire exclusion of all human agency which operates without interference or aid from man and which results from natural causes and is in no sense attributable to human agency. It - is an accident which could not have been occasioned by human agency but proceeded from physical causes alone." -3- THE ENGINEER JArticle 3. a. The Engineer, in addition to those matters elsewhere herein expressly made subject to his determination, direction or approval, shall have the power, subject to review by the Owner. (1) To inspect the performance of the work; (2) To determine the amount, kind, quality, sequence, and location of the work to be paid for hereunder; (3) To determine all questions in relation to the work, to interpret the i Drawings, Specifications, and Addenda; (4) To determine how the work of this contract shall be coordinated with the work of other Contractors engaged simultaneously on this project, including the power to suspend any part of the work but not the whole thereof; is (5) To make minor changes in the work as he deems necessary, provided such g changes do not result in a net increase in the cost to the Owner or to the 1 Contractor of the work to be done under the Contract; (6) To amplify the Plans, add explanatory information and furnish additional Specifications and Drawings consistent with the intent of the Contract ' Documents. b. The foregoing enumeration shall not imply any limitation upon the power of the Engineer, for it is the intent of this Contract that all of the work shall be subject to his determination and approval, except where the determination or approval of someone other than the Engineer is expressly called for herein. All orders of the Engineer requiring the contractor to perform work as contract work shall be promptly obeyed by the Contractor. THE SUPERVISOR Article 4. The Supervisor, in addition to those matters expressly made subject to his determination, direction or approval in this Contract, shall have the j power: (1) To determine finally any and all questions in relation to this Contract and its performance, which determination shall be final and conclusive upon the Contractor; (2) To modify or change this Contract so as to require the performance of extra work, or (a) the omission of contract work whenever he deems it in the interest of the Owner to do so, or both; (3) To suspend the whole or any part of the work or terminate the entire project whenever, in his judgement, such suspension or termination is required (a) in the interest of the Owner generally, or (b) to coordinate the work of the -4- i various Contractors engaged in this project, or (c) to expedite the completion of the entire project even though the completion of this particular Contract may be thereby delayed, without compensation to the Contractor for such suspension other than extending the time for the completion of the work, as much as it may have been, in the opinion of the Engineer, delayed by such suspension; (4) If before the final completion of all the work contemplated herein, it shall be deemed necessary by the owner to take over, use, occupy or operate any part of the completed or partly completed work,. the Owner, shall have the right to do so and the Contractor will not, in any way, interfere with or object to the use, occupation or operation of such work by the owner after receipt of notice in writing from the Supervisor that such or part thereof will be used by the Owner on and after the date specified in such notice. TIME OF START AND COMPLETION Article 5. I a. The Contractor must commence work on the day specified therefor in a written notice signed by the Engineer. Time, being of the essence of this y Contract, the Contractor shall thereafter prosecute the work diligently, using 1 such means and methods of construction as will assure its full completion in J accordance with the requirements of the Contract Documents not later than the specified date therefore, or on the date to which the time for completion may be extended. b. Unless the date for completion is extended pursuant to the provisions of Article 6 hereof, the Contractor shall complete the work in one hundred twenty (120) calendar days from the date specified in the Owner's Notice to Proceed. £ The Engineer shall be the sole judge as to whether the work hereunder has been completed within the time stipulated. a EXTENSION OF TIME Article 6. a. It is mutually agreed that no extension beyond the date of completion fixed by the terms of the contract shall be effective unless consented to in writing by the Engineer. An application by the Contractor for extension of time must be in writing, setting forth in detail the reasons and causes of delay and the date upon which each such cause of delay began and ended, and must be submitted to the Engineer within five (5) days after the start of the alleged delay. If the Engineer should determine that the delay was not due to any act or omission on the part of the Contractor or was due to causes beyond the control of the Contractor, the Contractor shall be entitled to an extension of time equal to the number of days actually delayed if such extension shall be required. If, however, the Engineer should determine that the delay was caused -5- directly or indirectly by the act or conduct of the Contractor or any of his sub-contractors or suppliers, the Engineer may refuse to grant an extension of i time and direct the Contractor to re-arrange his progress schedule so as to complete the work within the time set forth in the contract. b. If the Owner deems it advisable and expedient to have the Contractor complete and finish the work after the expiration of the contract date of completion, and in order that the Owner's fiscal officer may be permitted to j make payment to the Contractor for work performed beyond the completion date, the Supervisor will grant an extension of time necessary to complete the work, conditional upon the assessment and deduction of liquidated damages from the monies which may become due hereunder. 1 c.. In the event of delay for cause, the Contractor's sole remedy shall only be the extension of time granted as hereinabove provided, and the Contractor shall have no right to, or cause of, action for damages or additional costs resulting from any such delay. d. Time necessary for review by the Engineer of shop drawings and delays incurred by normal seasonal and weather conditions should be anticipated and are neither compensatory nor eligible for extensions of time. CONTRACT MODIFICATIONS Article 7. The Owner reserves the right to make any contract modifications it 1 so desires. Notification to the Contractor of such change(s) shall be considered notification to the Surety Company. ALL CONTRACT MODIFICATIONS shall be performed under the conditions of the Contract Documents and shall be bound by and subject to the conditions of same. No extra work shall be performed unless ordered in writing by the Engineer PRIOR TO the installation of such work and upon the terms agreed to in advance by him. Extras will be performed under a mutually agreed upon price as set forth in i Article 8. EXTRA WORK Article 8. An order for extra work shall be valid only if issued in writing and signed by the Engineer and the work so ordered must be performed by the Contractor. The amount of compensation to be paid to the Contractor for any extra work as so ordered shall be determined as follows: (1) By such applicable unit prices, if any, as are set forth in the Contract, or (2) If no such unit prices are so set forth and if the parties cannot agree upon a lump sum, then by the actual and reasonable net' cost in. money to the . Contractor of the materials .and of the wages of applied labor (including net -6- premium for workmen's compensation insurance, contributions pursuant to the State Unemployment Insurance Law, and withholding taxes pursuant to the Federal Social Security Act required for such extra work, plus fifteen percent (15%) as compensation for all other items of profit and cost or expense, including f administration, overhead, superintendent, materials used in temporary structures and allowances made by the contractor to the Subcontractors. The Contractor shall, upon request, furnish satisfactory proof of all labor performed, materials furnished and equipment used in the performance of extra work. DISPUTED WORK Article 9. a. If the Contractor is of the opinion that any work required, necessitated or ordered, violates the terms and provisions of this Contract, he must promptly notify the Engineer in writing of his contentions with respect thereto and request a final determination thereon. If the Engineer determines that the work in question is contract work and not extra work and that the order complained of is proper, he will direct the Contractor to proceed and the Contractor must promptly comply. In order, however, to reserve his right to claim compensation j for such work or damages resulting from such compliance, the Contractor shall, within five (5) days after receiving notice of the Engineer's determination and direction, notify the Engineer in writing that the work is being performed, or that the determination and direction is being complied with, under protest. t Failure of the Contractor to so notify shall be deemed as a waiver of claim for extra compensation or damages therefor. b. If the Contractor should fail or refuse to proceed with the performance of the work in question after having been directed to so do, the Owner may declare the Contractor in default and notify the Contractor's Surety Company to have the disputed work commenced and completed under the terms of their performance bond; or, the Owner may without further notice have the disputed work done by others and deduct the cost thereof from monies due hereunder, including. any and all 1 related costs incurred by reason of the Contractor's failure or refusal to perform the work. C. Before final acceptance by the Owner, all matters of dispute shall be adjusted to the mutual satisfaction of the parties hereto. Determinations and decisions, in case any question shall arise, shall constitute a condition 1 precedent to the right of the Contractor to receive any money therefore, until the matter in question has been adjusted. I l OMITTED WORK Article 10. If any contract work in a lump sum contract or if the whole or any part of a lump sum item in a unit price contract is omitted by the Supervisor, the Contract price shall be reduced by the fair and reasonable estimated cost to the Owner of such omitted work. The provisions of Article 8 of this section shall govern the determination of a fair and reasonable estimated cost. If any Contract work in a unit price contract is so omitted by the Supervisor, no payment will be made therefor. MATERIAL SUBSTITUTION Article 11. Each bidder shall base his bid upon material and equipment as J described in the bidding documents. The successful Contractor will not be allowed to make any substitutions on his own initiative, but in each instance will be required to obtain authorization from the Engineer before making any substitution of any kind or nature which is at variance with the material(s) and equipment called for in the Contract Documents. All requests for substitution of materials, equipment, appurtenances, etc. shall be in writing and shall contain (a) reason for substitution request and (b) a complete description of the material, equipment, or appurtenance proposed to be • substituted .for the original item or items called for in the bidding documents, accompanied wherever possible by manufacture's literature, specifications guarantees and other pertinent data and (c) an analysis of cost differentials (if any) which would result if the request was approved and (d) effect on the project work schedule and date of project completion and (e) effect on other project materials and appurtenances and (f) effect on total project efficiency. QUALIFICATION OF BIDDERS Article 12. The Owner may make such investigations as it deems necessary to determine the ability of the bidder to perform the work required, and the bidder shall. furnish to the Owner all information and data for this purpose as may be requested. It is understood that all such data will be received in strictest confidence and returned to the bidder as soon as practicable. .� -The Contractor, by submitting his proposal, agrees that any such determination made by the Owner will be given without prejudice to his other interests and that he will accept and be bound by such determination without further recourse. CONTRACT SECURITY Article 13. The Contractor shall execute a Performance Bond on forms as provided by the Owner in an amount at least equal to one hundred percent (100%) of the Contract price, such bond to be executed by a Surety Company acceptable to the Owner's Attorney or bond secured by collateral or securities approved by and acceptable to the Owner's Attorney and approved as to form and manner of execution by said Attorney. The Performance Bond shall serve as security for the faithful performance of this Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract. _8_ I If at any time the Owner shall have become dissatisfied -with any Surety or I Sureties then upon the Performance Bond or if for any other reason such Bond shall cease to be adequate security for the Owner, the Contractor shall, within five (5) days after notice from the Owner's Attorney to do so, substitute an acceptable bond in such form and amount and signed by such other Sureties as may be satisfactory to the Owner's Attorney. The premiums on all bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Sureties shall have qualified. CONTRACTOR'S RESPONSIBILITIES Article 14. The Contractor shall do all the work and furnish at his own cost and expense all plant, labor, materials, equipment, and other facilities, except as herein otherwise provided, that may be necessary and proper for performing and completing work. The Contractor shall be responsible for the entire work until completed and accepted by the Owner. The said work shall be performed in accordance with the true intent and meaning of the Contract Documents. Unless otherwise expressly provided, the work must be performed in accordance with the best modern practice, with materials and workmanship of the highest quality, all as determined by, and entirely to the g satisfaction of, the Engineer. Unless otherwise expressly provided, the means and methods of construction shall be such as the Contractor may choose, subject, however, to the approval of the Engineer. Such approval, or the Engineer's failure to exercise his right to reject shall not create a cause of action for damages. SUB-CONTRACTORS Article 15. Any individual, firm .or corporation which accepts a portion of this contract under written or oral agreement with the Contractor, and which acts as a sub-contractor, shall agree to be bound by these Contract Documents in their entirety and shall be presumed to have read and understood and agreed with, their contents. RESPONSIBILITY Article 16. The Supervisor's approval of a subcontractor shall not relieve the € Contractor of any of his responsibilities, duties and liabilities hereunder. The Contractor shall be solely responsible to the Owner for the acts of defaults of his subcontractors and of such subcontractor's officers, agents and employees, each of whom shall, for all purposes, be deemed to be the agent or employee of the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Owner. l -9- CONTRACTOR'S WARRANTIES Article 17. In consideration of, and to induce the award of this Contract to him, the Contractor represents and warrants: (1) That he is not in arrears to the Town Board, Town of Wappinger, New York, upon debt or contract, and that he is not a defaulter, as surety, contractor or otherwise; (2) That he is financially solvent and sufficiently experienced and competent to perform the work; (3) That the work can be performed as called for by the Contract. That the Plans and Specifications are in all respects suitable and adequate for the work; (4) That the facts stated in his proposal and the information given by him are true and correct in all respects; (5) That he is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of this Contract and that his information was secured by personal investigation and research. I ' CODES AND ORDINANCES j Article 18. All work performed under this contract shall be according to the highest standards of the trades involved, and shall conform to the requirements of any utilities, and any and all Federal, State and local laws, codes, ordindances and statues as may be in effect at the time of bidding. This shall not be construed as relieving the Contractor from complying with any I of the requirements of the plans and spcifications which may be in excess of the l requirments mentioned herein. The. Contractor shall at his expense arrange for and obtain any and all permits, certificates$ licenses and- inspections required. INTENT OF SPECIFICATIONS Article 19. It is the intent of these plans and specifications to call for a finished, workmanlike job, complete in every respect and detail, and left ready In perfect condition for the Owner's use. This contract is to include the furnishing of all labor, materials, equipment, machinery, insurances, permits, certificates, tests, gurantees, protection of equipment and property and life during construction; as well as competent and qualified supervision for all phases of the work. I I , -10- i i PLANS AND SPECIFICATIONS Article 20. The plans and specifications are intended to complement each other and any detail or item shown on one, but not the other, shall be assumed to be shown on both and shall be binding as if called for by all. When a conflict appears between the two, it shall be assumed that the higher quality item or method will take precedent. While the plans and specifications are assumed to. be complete in all major items and details, it is assumed that the Contractor is competent and expert in his field; therefore, no effort has been made to show each and every detail or item for a complete installation. INSPECTION Article 21. a. During the progress of the work and up to the date of final acceptance, theContractor shall at all times afford the representatives of the Owner and of the Engineer every reasonable, safe and proper facility for inspecting the work done or being done at the site and also the manufacture or preparation of materials and equipment at the place of such manufacture or preparation. The inspection of any work shall not relieve the Contractor of any of his obligations to perform proper and satisfactory work as herein specified. b. Finished or unfinished work found not to be in strict accordance with the Contract shall be replaced as directed by the Engineer, even though such work j may have been previously approved and paid for. C. The Owner shall have the right to reject materials and workmanship which are defective, or require correction. Rejected work and materials shall be promptly taken down and removed from the site, which must at all times be kept in a clean and neat condition. I ' I d. Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work to make examination of work already . completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all necessary facilities, labor and materials. If such work is found to be defective In any material respect, due to the fault of the Contractor or his Subcontractors, he shall defray all expenses of such examination and of satisfactory reconstruction. If, however, such work is ' found to meet the requirements of the Contract, the cost of examinations and restoration of same shall be considered an item of extra work to be paid for in accordance with the provisions of Article 8 hereof. BOUNDARIES Article 22. The Contractor and all Subcontractors shall confine their equipment, apparatus, and the storage of materials and supplies of his workmen to limits indicated by law, ordinance, permits or directions of the Engineer. I . -11- f The Engineer will establish reference line and grade for constructing .the various portions of the work and the Contractor shall furnish such facilities and materials, as required, for giving and maintaining such reference line and grade. Reference line and grade shall mean baseline and bench mark elevations as may be required. All stakes, points or markers given. by the Engineer to establish line and grade shall be carefully preserved. The Contractor shall notify the Engineer, at least two (2) days in advance, whenever he shall require line and grade and no work shall be started on that part of the work until such line and grade have been given, except where permitted by the Engineer. The Owner reserves the right to alter such lines and grades as it deems necessary either before or after the Contract is awarded. Contractor shall be responsible for setting all grades, elevations and horizontal and vertical alignment required to layout all work called for on the Contract Plans and Drawings. COORDINATION WITH OTHER WORK Article 23. a. During the progress of the work on this Contract various utilities may be engaged in performing necessary work within the Contract work sites or in areas adjacent thereto. i ' directed to this fact that b. The Contractors attention is specifically because of the possibility of such work being done by others within and adjacent to the limits of the Contract areas, he may not have exclusive occupancy of the territories within or adjacent to the limits of such sites. C. The Contractor will be required to cooperate with the various utilities and to coordinate and arrange the sequence of his work in such manner that all work, proposed or in progress within or adjacent to the limits of the Contract, can be progressed with as little interference as possible. d. In case of interference between the operations of utility owners and the ights of ech, and of Contractor, the Engineer work being all ogthe ole judge of th o br a the sequence of g P ressedor aboutto ep ogressedwithin or adjacent to the Contract limits. 1 e. It is mutually agreed that a direction of the Engineer relative to the order of work shall not in itself constitute a basis for extension of time. LOCATION OF UNDERGROUND STRUCTURES Article 24. a. The Owner does not guarantee the locations, shown on the Plans, of pipes, ducts, utilities and other underground structures, or that all such pipes, ducts, utilities and other underground structures are shown on the Plans. i b. The information given is intended only as a guide to the Contractor and he not be tled o shall not r faultylocationon thelplans of nyipipesfi ducts a e claim of any utilities or other omission o y underground structures. -12- e c. The Contractor shall do all work and pay all costs of cutting, protecting, supporting, maintaining, relocating and restoring all surface, subsurface or overhead structures, and all other property, including pipes, conduits, ducts, tubes, chambers, and appurtenances, public or private, in the vicinity of the work (except such which by law, franchise, permit contract, consent or agreement the owner thereof is required to protect, support, maintain, relocate or restore) , repairing the same if damaged and restoring to their original conditions all areas disturbed. He shall not claim or be entitled to any damages for delay or otherwise by reason of such required work, and he hereby assumes all risks in connection therewith. i CLAIMS FOR DAMAGES Article 25. If the Contractor shall claim compensation for any damage sustained, other than for extra or disputed work covered by Articles 8 and 9 hereof, by reason of any act or omission of the Owner, its agents or of any persons, he shall, within five (5) days after sustaining such damage, make and deliver to the Engineer a written statement of the nature of the damage sustained and of the basis of the claim against the Owner. If on or before the j fifteenth of the month succeeding that in which any damage is alleged to have been sustained, the Contractor shall fail to make and deliver to the Engineer an l itemized, verified statement of the details and amount of such damages claimed, it is hereby stipulated that all claims for such compensation shall be forfeited and invalidated and the Contractor shall not be entitled to payment on account of such claims. t PATENTED DEVICES, MATERIALS AND PROCESSES Article 26. It is mutually understood and agreed that contract prices shall include all royalties and costs arising from patents, trademarks, and copyrights i in any way involved in the work. Whenever the Contractor is required or desires to use any design, article, device, material, equipment, appliance or process covered by letters, patent or copyright; the Contractor shall indemnify and save harmless the Town of Wappinger from any and all claims for infringement by reason of the use of any such patented design, device, article, tool, material, .; equipment, appliance or process to be performed under the Contract; and shall indemnify the said Owner for any costs, expenses, and damages which it may be obliged to pay, by reason of any such infringement, at any time during the { prosecution or after the completion of the work. { SUITS AT LAW Article 27. Responsibility for injuries to Persons and Property: (a) The Contractor shall be solely responsible for all physical injuries (including death) to persons (including, but not limited to, employees of the Contractor and Subcontractors and employees of the Town of Wappinger or damage l : -13- to property p p y (including, but not limited to, property of the Town Board, Town of Wappinger or the Contractor or Subcontractors) occurring on account of or in JI connection with the performance of the work hereunder or sustained by any employee of the Contractor, a Subcontractor, Town Board, or other persons while at the site of the work, and shall indemnify and save harmless the Town Board from loss and liability upon any and all claims on account of such injuries to persons (including death) or damage to property, and from all costs and expenses in suits which may be brought against the Town Board on account of any such injuries to persons or damage to property, irrespective of the actual .cause of the accident and irrespective of whether it shall have been due to negligence of the Contractor or his Subcontractors or negligence of the Town Board, its respective agents, servants or employees. (b) The term "loss and liability," as used herein, shall be deemed to include, but not to be limited to, liability for the payment of workmen's compensation under the Workmen's Compensation Law of the State of New York, and the Contractor specifically covenants to reimburse the Town Board, Town of Wappinger, New York for all payments of workmen's compensation which the Town Board shall be required to make to any employee who shall claim to have sustained injuries on account of or in connection with the work hereunder, whether or not such injuries shall have been sustained as a result or negligence � I of the Contractor, his subcontractors, the Town Board, its respective agents, J servants or employees, or negligence of the injured employee. (c) The Contractor shall be solely responsible for all injuries to person or damage to property therein occurring on account of the performance of work under this Contract whether due to negligence, fault or default of the Contractor or not, and irrespective of whether it shall have been due to the negligence, fault or default of the Town Board of the Town of Wappinger, New York, its respective agents, servants or employees. The Contractor shall fully protect, indemnify and save harmless the Town Board from loss and from liability upon any and all claims on account of such injuries to employees or other persons or damage to property on account of any work done by the Contractor and from any costs and expenses in suits which may be brought against the Town Board for such damages or injuries. r i (d) The obligation of the Contractor to indemnify and save harmless the Town Board, Town of Wappinger, New York, as hereinabove set forth is absolute and not dependent upon any question of negligence on the part of the Contractor, the Subcontractor, the Town Board, its respective agents, servants or employees. The approval by the Town Board of the methods of doing the work or the failure of the Town Board to call attention to improper or inadequate methods or to require a change in methods or to direct the Contractor to take an q g y particular precautions or to refrain from doing any particular thing shall not excuse the Contractor in case of any such injury to person or damage to property. -14- i (e) The Contractor shall take out and maintain during the life of this Contract a liability insurance policy and renewals thereof, issued by an insurance company approved by the Attorney of the Owner, insuring the Contractor at all times during the life of this Contract against loss by reason of his contractual liability under this article with limits of $500,000 for injuries to persons (including death) and $1,000,000 for damage to property. A certificate of the issuance of such insurance policy shall be delivered to the Supervisor upon the execution and delivery of this Contract and such certificate shall contain an agreement by the insurance company issuing the policy that the policy will not be cancelled without ten (10) days prior notice to Town Board, Town of Wappinger, New York. At least two (2) weeks prior to the expiration of the original policy or any renewal thereof a new certificate of the renewal of such Insurance containing an agreement by the insurance company that the insurance will not be cancelled without ten (10) days prior notice to -the Town Board shall be delivered to the Supervisor. COMPLIANCE WITH LAWS Article 28. The Contractor shall comply with all local, State, County, and Federal laws, rules, and regulations applicable to this Contract and to the work to be done hereunder and must obtain, at his own expense, all permits necessary for the prosecution of the work. 1 STATE LAW Article 29. As a part of the Contract and pursuant to the provisions of Section 103-a of the General Municipal Law of the State of New York, the parties hereto recognize that upon the refusal of a person, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the State or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, a, such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or fire district, or any public department, agency or official thereof, for goods, work or services, for a period of five (5) years after such refusal and also that, 1 b. any and all contracts made with any municipal corporation or any public department, agency or official thereof on or after the first day of July, nineteen hundred fifty-nine or with any fire district or any agency or official thereof on or after the first day of September, nineteen hundred sixty, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the minicipal -15- i municipal corporation or fire district without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation or fire district for goods delivered or work done prior to the cancellation or termination shall be paid. LABOR. LAWS Article 30. a. Attention is directed to the provisions of the Labor Laws of the 'State of New York applicable to the employment of labor at the site of the project, all of which shall be conformed to by the Contractor. The attention of the Contractor is called to Article 10 of said Labor Law of the State of New York, particularly to Sections 240, .241, and 241-A thereof. The 1 Contractor must abide by the provisions of these laws. b. The Contractor, Subcontractor or other person doing or contracting to do I the whole or a part of the work, shall give preference in employment of laborers, workmen and mechanics to resident citizens of the State of New York. Other citizens may be employed as laborers, workmen and mechanics when the r Contractor has established, to the satisfaction of the Owner in accordance with rule adopted by the Industrial Commissioner of the State of New York, that resident citizens are not available for employment. If Section 222 of the Labor Law is not complied with, this Contract shall be void. i C. The Contractor agrees (1) that in the hiring of any employees for the performance of work under this Contract or any sub-contract hereunder, neither the Contractor nor any Subcontractor, shall by reason of race or color discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment. relates, nor discriminate against or intimi.date' any employee hired for the perormance of work under this Contract on account of race, color or sex and that there may be deducted from i the amount payable to the Contractor by the Owner under this Contract a penalty of one hundred dollars ($100) for each person for each calendar day during which 3 such person was discriminated against or intimidated in violation of Section 220-e of the Labor Law; (2) that this Contract may be cancelled or terminated by the Owner and all monies due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of Section 220-e of the Labor Law. J d. No laborer, workman or mechanic in the . employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated .by this Contract shall be permitted or required to work more than eight (8) hours in any one calendar day, nor more than five (5) days in any one week except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, or otherwise defined in Section 220 of the Labor Law. -16- i e. The wages to be paid for a legal day's work to laborers, workmen or mechanics employed upon the work contemplated by this Contract or upon any materials to be used thereon shall not be less than the "prevailing rate of wage" as defined in Section 220 of the Labor Law, nor shall such laborers, workingmen or mechanics be paid less than the hourly minimum rate of wage as fixed by the Industrial Commissioner. Schedules of the Prevailing Hourly Wage Rates and Prevailing Hourly Supplements for this Project are annexed to, and form a part of, this section of the Contract Documents. f. Article 8, Section 220 of the Labor Law as amended by Chapter 750' of the Laws of 1956 provides, among other things, that it shall be the duty of the fiscal officer to make a determination of the schedule of wages to be paid to all laborers, workmen and mechanics employed on public work project including supplements for welfare, pension, vacation and other benefits, These supplements include hospital, surgical or medical insurance or benefits; life Insurance of death benefits; accidental death or dismemberment Insurance; and g pension or retirement benefits. If the amount of supplements provided by the employer is less than the total supplements shown on the wage schedule, the difference shall be paid in cash to employees. It also provides that the supplements to be provided to laborers, workmen and mechanics upon public work ". . .shall be in accordance with the prevailing practices in the locality. . ." The amount for supplements listed on the schedule referred to does not necessarily include all types of prevailing supplements in the locality, and a future determination of the Industrial Commissioner may require the Contractor to provide additional supplements. g. The Contractor and his Subcontractor shall not employ on the work, any labor, materials or means whose employment, or utilization during the course of this Contract, may tend to or in any way cause or result in strikes, work stopage, delays, suspension of work or similar troubles by workmen employed by i the . Contractor or his Subcontractors, or by any of the trades working in or about the premises where work is being performed under this Contract. Any a, violation by the Contractor of these requirements may, upon certification of the Owner, be considered . as proper and sufficient cause for cancelling and terminating this Contract. i € COMPLIANCE WITH GENERAL MUNICIPAL LAW i Article 31. Pursuant to Section 103-A of the General Municipal Law, upon the refusal of a person to testify concerning any transactions or tract had with the State, any political subdivision thereof, a public authority or with any public department, agency, or official of the State, or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or Contract: -17- i a. Such person, and any £iron, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter f selling to or submitting bids to or receiving awards from or entering any public department, agency or official thereof for goods, work or services for a period of five (5) years after such refusal; and, b. Any and all contracts by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the Owner without incurring any penalty or damages on account of such cancellation or termination, but any monies owing for goods delivered or work done prior to the cancellation or termination shall be paid. NO CLAIMS AGAINST INDIVIDUALS Article 32. No claim whatsoever shall be made by the Contractor against any officer, agent, or employee of the Town Board, Town of Wappinger, New York, for, on account of, or by reason of anything done or omitted to be done in connection with this Contract. HOLD HARMLESS Article 33. The Contractor shall indemnify, defend and hold harmless the Owner, its officers, agents, and employees from all suits, losses, actions, liens, judgments, payments, and demands, and costs of every kind and nature from all damages to which the Owner or any of its officers, agents and employees may be subjected because of injury to the person and/or property of others resulting from the performance of this Contract, or the improper or defective use of machinery, implements, or appliances used on this Contract (project) , or through the act or omission on the part of the Contractor or his sub-contractor(s) ; and he shall further indemnify, defend and hold harmless the Owner, its officers, agents, and employees on account of any claims or damages awarded for an infringement of patent, trademark or copyright. NO WAIVER OF RIGHTS Article 34. Neither an inspection by the Engineer, nor by the Owner, nor by any of their employees, nor by any order of measurements or certificate of the Supervisor, not by any order for payment of money, nor any money, nor any payment for .or acceptance of the whole or any part of the work by the Owner, nor any extension of time, nor any possession by the Owner or his employees shall operate as a waiver of any provisions of this Contract, nor any power herein provided, nor shall any waiver of any breach of . this Contract be held as a waiver of any other subsequent breach. Any remedy provided in this Contract shall be taken and construed as cumulative; i.e. - in addition to each and every other form of suit, action or legal proceeding. The Owner shall also be entitled as of right to an injunction against any breach of the provisions of this Contract. -18- MAINTENANCE AND GUARANTY Article 35. a. The Contractor shall promptly repair, replace, restore or rebuild any imperfections that may arise and shall maintain satisfactory to the Owner all his work for a period of one year from the date of final acceptance of the Contract, except where other periods of maintenance and warranty may be provided for. The Contractor shall, for this period, indemnify and save harmless the Owner, its officers, and agents from any injury done to property or persons as a direct or alleged result of imperfections in his work and shall immediately assume and take charge of the defense of such action or suits in like manner and to all intents and purposes as if said actions and suits had been brought directly against the Contractor. b. As security for the faithful performance by the Contractor of his i obligations hereunder the Owner will retain from the final payment the sum of five percent (5%) . At the end of one (1) year and within thirty (30) .days after certification by the Engineer that the Contractor has faithfully performed all of his obligations hereunder, the sum retained will be released to the Contractor. C. If the Contractor shall •fail to repair, replace, rebuild or restore such defective or damaged work promptly after receiving notice given by the Engineer not later than ten (10) days subsequent to the expiration of the one year i period, the Owner shall have the right to have the work done by others and to deduct the cost thereof from the amount retained hereunder. The balance, if any, shall be returned to the Contractor without interest. If the amount so retained be insufficient to cover the cost of such work, the Contractor shall be liable to pay such deficiency on demand by the Owner. I PROTECTION OF WORK AND OF PERSONS AND PROPERTY 9 Article 36. During performance and up to the date of final acceptance, the f Contractor shall be under an absolute obligation to protect the finished and unfinished work against any damage, loss or injury; and in the event of, such damage, loss or injury, shall promptly replace or repair such work, whichever R the Engineer shall determine to be preferable. During performance and up to the date of final acceptance, the Contractor must take all reasonable precautions to protect the persons and property of the Owner, the project under construction, and the property of others on or adjacent ? to the site from damage, loss or injury resulting from his or his Subcontractor's operations under this Contract. The Contractor's obligation shall include the duty to provide, place and adequately maintain at or about the site suitable and sufficient lights, barricades and enclosures. The Contractor shall provide sufficient guards to adequately protect the construction site. The Contractor shall abide by the decision of the Engineer as to the adequacy and extent of protection necessary. Within three (3) days after notice to him of the happening of any such loss, damage or injury to work, persons or property, the Contractor shall make a full and complete report thereof in writing to the Owner. The provisions of this Article shall not be deemed to -19- i create any new right of action in favor of third parties against the Contractor or the Owner. Each Contractor shall comply with all requirements and regulations of the "Occupational Safety and Health Act." LIMITATIONS AND CONSENT Article 37. a. The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract or his right, title or interest in or to it or any part thereof, or his power to execute it, or assign, by Power by Attorney or s otherwise, any of the monies due or to become due under this Agreement, unless the previous written consent of the Owner shall first be obtained thereto, and the giving of any such consent to a particular subcontract or assignment shall not dispense with the necessity of such consent to any further or other subcontracts or assignments. The Owner reserves the right to limit the total d amounts of subcontracts to twenty-five percent (25%) of the total Contract price. b. No assignment will receive approval unless the instrument of assignment contains a clause to the effect that it is agreed that the. funds to be paid the assignee under the assignment are subject to a prior lien for services. ' LI UIDATED DAMAGES. . Article 38. It is mutually agreed between the parties that time is the essence of this Contract and that there will be, on the part of the Town Board, Town of Wappinger, considerable monetary damage in the event the Contractor should fail i to complete the work within the time fixed for completion in the Contract or within the time to which such completion may have been extended: The sum of one hundred twenty-five (125) dollars is hereby stipulated as the liquidated damages for each and every calendar day that the time consumed in completing the work exceeds the time allowed therefore. This amount shall in no event be considered as a penalty or otherwise than as the liquidated and adjusted damages of the Owner because of the said delay and the party of the second part agrees that the said sum per day for each such day shall be deducted and retained out of the moneys which may become due hereunder. CHARACTER AND COMPETENCY Article 39. The Contractor and his Subcontractors shall employ upon all parts of the work herein contracted for, only competent, skillful and trustworthy employees. Should the Engineer at any time give notice in writing to the Contractor or his representative on, the work, that any employee in their opinion is incompetent, unfaithful, disorderly, careless, unobservant of instructions, or in any way a detriment to the satisfactory progress of the work, such employee shall immediately be dismissed and not again allowed upon the work. -20- SUPERINTENDENCE Article 40. All project work performed under this Contract shall be carried out only under the direct, personal supervision of a person whose experience and expertise qualifies that person to exercise the kind and type of supervision required to prosecute the type of work being performed in such manner as will result in a workmanlike, acceptable, job ready for the Owner's use, within the time frame specified in the contract documents. He shall keep on hand, at all times, copies of the Plans and Specifications 'and shall have full authority to supply material and labor as dictated by the project requirements. The engineer shall have the right to order that no work be done when and where a capable supervisor or foreman, as outline above, is not present on the work site. NON-DISCRIMINATION CLAUSE Article 41. All Contracts entered into by the Owner for the construction, alteration or repair of any public building orP ublic work or for manufacture sale or . distribution or materials, equipment or supplies, or for personal services shall contain the following provisions by which the Contractor with the `I Owner shall agree that: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. The Contractor will take affirmative action to insure that all employees are employed, and that employees are treated equally during employment without regard to their race, creed, color, sex or national origin. J j OWNER'S RIGHT i Article 42. t a. The Owner reserves the right to make such additions, deductions or changes in the Contract from time to time as it deems necessary and in a manner not materially affecting the substance thereof, in order to carry out and complete more fully and perfectly the work hereinagreed to be done and performed. This 1 Contract shall in no way be invalidated by any such additions, deductions or J changes and no claim shall be made by the Contractor for any loss of anticipated j profits thereby. b. Any material to be furnished or work necessary to be done other than that specified in this Agreement shall be covered by a written Change Order issued by the Engineer and no claim shall be made by the Contractor for any such work performed or material furnished before such Change Order shall have been approved by the Engineer. 1 l -21- i c. Construction conditions may require that changes be made in the location and installation of the work and equipment to be furnished and other work to be performed hereunder and the Contractor, when ordered in writing by the Engineer, shall make such adjustments and changes in said locations and work as may be necessary without additional cost to the Owner, provided such adjustments and changes do not alter the character, quantity or cost of the work as a whole, and provided further that plans and specifications showing ' such adjustments and changes are furnished to the Contractor by the Engineer within a reasonable time before any work involving such adjustments and .changes is begun. The Engineer shall be the sole judge of what constitutes a minor change for which no additional compensation shall be allowed. NO ESTOPPEL Article 43. The Owner shall not, nor shall any department, officer, agent, or . } employee thereof, be bound, precluded, or estopped by any acceptance, return 1 certificate or payment made or given under or in connection with this Contract by the Supervisor or other officer, agent or employee, of the Owner, .at any time, either before or after final completion and acceptance of the work and payment therefor: (1) showing the true and correct classification amount, quality or character of the work done and materials furnished by the Contractor or any other person under this agreement, or from showing at any time that any such acceptance, return, certificate or payment is untrue, incorrect, or improperly made in any particular, or that the work or any part thereof does not in fact conform to the requirements of the Contract Documents, and (2) from demanding and recovering from the Contractor any overpayments made to him or such damages as it may sustain by reason of his failure to comply with the requirements of the Contract Documents, or both. CONTRACTOR'S DEFAULT Article 44. It is mutually agreed that (1) if the Contractor fails to begin work when notified to do so by the Engineer, or (2) if the Contractor becomes insolvent, or (3) if a petition of bankruptcy is filed by or against the Contractor, or (4) if the work to be done under this Contract shall be abandoned, or (5) if this Contract or any part thereof shall be sublet without the consent of the Owner being first obtained in writing, or (6) if this Contract or any right, monies or claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or (7) if, at any time, the Engineer shall be of the opinion that the conditions herein specified as to the rate of progress are not fulfilled, or (8) that the work or any part thereof is unnecessarily or unreasonably delayed, or (9) that the Contractor is not or has not been executing the Contract in good faith, or (10) that the Contractor is violating any of the provisions of this Contract; the owner, without prejudice to any other rights or remedy of said Owner shall have the right to declare the Contractor in default and so notify the Contractor by a written notice, setting ( forth the ground or grounds upon which such default is declared and that the Contractor shall discontinue the work, either as to a portion of the same or the whole thereof. -22- CONTRACTOR'S DUTY . I Article 45. Upon receipt of the notice provided in Article 44 above, the Contractor shall immediately discontinue all further operations on the work on such part thereof and shall immediately quit the site or such part thereof, leaving untouched all plant, materials, equipment, tools and supplies. COMPLETION OF THE WORK Article 46. a. The Owner, after declaring the Contractor in default as provided in Article 44 above, may then have the work completed by such means and in such manner, by contract with or without public letting, or otherwise, as he may deem advisable, utilizing for such purpose such of the Contractor's plant, materials, equipment, tools and supplies remaining on the site, as well as such Subcontractors, as he may deem advisable. b. The expense of such completion, including the cost of reletting, shall be deducted and paid by the Owner out of the monies due or to become due to the Contractor under this Contract, or any part thereof and, in case such expense is more than the sum remaining unpaid of the original Contract price, the Contractor and his sureties shall pay the amount of such deficiency to the Town Board of the Town of Wappinger. PAYROLL REPORTS Article 47. The Contractor and each subcontractor shall furnish to the Engineer, on demand, a verified copy of his payroll and also any other information required by the Engineer to satisfy him that the provisions of the Labor Laws, as to the hours of employment and rates of wages, are being observed. MONIES RETAINED AGAINST CLAIMS AND LIENS Article 48. The Owner may withhold from the Contractor so much of any approved payments due him as may, in the opinion of the Commissioner, be necessary as security against (a) just claims of any persons supplying labor or materials for the work then due and unpaid, (b) loss due to defective work not remedied, or (c) loss due to injury to persons or damage to the work or property of other Contractors, Subcontractors, or others caused by the act or neglect of the Contractor or of any of his Subcontractors. The Owner shall have the right, as agent for the Contractor, to apply any such amounts so withheld in such claims or to secure such protection. Such application of said money shall be deemed payments for the account of the Contractor. If no action is commenced upon, such claim, within the time limited therefor by law, the Owner, upon written demand by the Contractor, shall return the amount so withheld without interest. -23- GENERAL INSURANCE Article 49. The Contractor shall be responsible for obtaining and maintaining during the life of this Contract any and all insurance policies as may be necessary to protect himself, his subcontractors, and the Owner from claims arising from bodily injury, property damage or death which may occur as a result of the work performed under this Contract. As evidence of good faith under this section, the Contractor shall furnish the Owner with certificates of the following insurance policies, which are to be accepted as the minimum required: a. Statutory Workmen's Compensation b. Contractor's Public Liability and Property Damage Limits Bodily Injury Liability Each Person: $500,000 Each Accident: $1,000,000 Property Damage Liabilit Each Accident: $500,000 Aggregate: $1,000,000 C. Comprehensive Vehicular Liability Insurance (on all owned, non--owned or hired automobiles, trucks and other vehicular equipment) . Minimum limits to be: Bodily Injury Liability u Each Person: $100,000 Each Accident: $300,000 Property Damage Liability Each Accident: $100,000 d. Blasting Insurance 9 The Contractor shall provide evidence of liability insurance for this type of work commensurate with the nature and scope of the blasting which will be conducted on the project. All certificates of insurance shall contain a clause calling for ' notification of the Attorney of the Owner at least ten (10) days prior to the cancellation of such insurance. All certificates of insurance required shall be presented to the Owner simultaneously with the execution of any contract. Note: All Insurance Companies issuing policies relating to this Contract must be licensed to do business in New York State and be approved by the Owner's Attorney. -24- PAYMENT Article 50. For the Contractor's complete performance of the work, the Owner will pay, and the Contractor agrees to accept, subject to the terms and conditions hereof, the total of the lump sum prices and the unit prices at which this Contract was awarded, plus the amount required to be paid for any extra work ordered by the Engineer under Article 8 hereof, less credit for any work omitted pursuant to Article 10 hereof. PROGRESS PAYMENTS Article 51. a. The Owner will make Monthly Progress Payments on account of this Contract on, or about, the fifteenth (15th) of each month, whenever the monthly estimate of the Contractor, as approved by the Engineer, shows that the fair value of the work completed during the previous month exceeds one thousand dollars ($1 ,000) . b. Payment will be in an amount equal to ninety-five percent (95%) of the value of the work completed less the aggregate of all previous payments. C. Payment requests shall be made on a form provided by the Engineer and shall be submitted at least ten (10) days prior to the date upon which payment Is requested to be made. ( d. All materials and work covered by such progress payments shall become the property of the Owner; however, such payments made to the Contractor shall not be construed as acceptance by the Owner of any work or materials not in 1 accordance with the plans and specifications. S --� e. When submitting payment requests, contractor must certify with each request, that all subcontractors, suppliers and laborers have been paid in full (less proper retainages as required by the contract) up, to the date of the request. No payments will be made by the Owner without this certificate. Delays in payment due to disagreement about a quantity between the Engineer and Contractor shall be borne by the Contractor. It is also the burden of the .� Contractor to- obtain agreement from the Engineer or be satisfied with his estimate. FINAL PAYMENT Article 52. a. Within sixty (60) days after receiving notice from the Contractor of completion of all of the work and submission of satisfactory evidence of having repaired any and all damage to public or privately owned properties resulting from, but not a part of, the work under this Contract, the Engineer will cause a final inspection to be made for approval of all the work done under this Contract. -25- b. If upon such inspection the Engineer determines that no further work is to be done, he will issue a Certificate of Completion to the Contractor for the work done under this Contract. C. As a condition precedent to receiving final payment therefore, the Contractor shall submit verified statements similar to those required under Article 51 hereof, and shall also submit proof of title to the materials and equipment covered by the Contract. d. The Contractor shall also, prior to the request for final payment,. supply to the Owner, affidavits and certificates for labor, material and equipment (where applicable) . e. The Owner will, not later than thirty (30) days after the final acceptance of the work under this Contract, pay the Contractor the entire sum so found due thereunder after deduction of all previous payments. It is mutually agreed that, all prior payment having been based on estimates made solely to enable the Contractor to prosecute the work advantageously, the Final Payment will be subject to such corrections as may be found necessary to bring the total payments into agreement with the Contract Price. ACCEPTANCE OF FINAL PAYMENT Article 53. The Acceptance by the Contractor or by anyone claiming by or through him of the Final Payment shall operate as and shall be a release to the i Owner and every officer and agent thereof, from any and all claims and all liability to the Contractor for any thing done or furnished in connection with this work or project and for any act or neglect of the Owner or of any others relating to or affecting the work. No payment, however, final or otherwise shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. i 1 PAYMENTS WITHHELD i Article 54. The Owner may withhold payments to protect itself from loss on account of: a. Claims, liens, or suits filed, or reasonable evidence indicating the probability that such actions may be filed. b. Failure of the Contractor to comply with the requirements of the Contract Documents. c. Unremedied defects in work or material. d. Failure of the Contractor to make payments for labor, material supplies, or to sub-contractors. -26- {i? UNLAWFUL PROVISIONS Article 55. If this Contract contains any unlawful provision not an essential part of the contract and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from the Contract without affecting the binding force of the remainder. LEGAL PROVISIONS DEEMED INCLUDED Article 56. Each and every provision of any law or clause required by law to be inserted in this Contract, shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith by physically amended to make such insertion. REFUSE AND DEBRIS 4 Article 57. The Contractor shall at all times keep the refuse and debris at the job site to a minimum and shall remove all such material and leave all areas "broom" or "rake" clean. WORK HOURS Article 58. All aspects of work covered in this Contract shall be performed 1 , between the hours of eight o'clock (8:00) a.m. to four thirty o'clock (400) p.m. (ref: Labor Laws Article 30) . 1 CONFLICTING INFORMATION Article 59. In the case of conflicting information within the plans and specifications as to the type of materials or workmanship to be provided, the Contractor agrees that he will accept the decision of the Engineer as to which was intended or which is in the best interest of the Owner. In the event that any provision in any of the following component parts of this Contract conflicts with any provision in any other of the following component parts, the provision in the component part first enumerated below shall govern over any other component part which follows numerically, except as may be otherwise specifically stated. Said components parts are the following: 1. Addendum Nos. , , , and , 2. Special Conditions of Contract. 3. General Conditions of Contract. 4. Detailed Specifications. 5. Contract Drawings. 6. Instructions to Bidders. 7. Notice of Bidders. 8. Contractor's Proposal. -27- i i i PREVAILING WAGE RATE SCHEDULES 1 . 1 i I CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a Municipal corporatioh or a commission is a party and which May involve the employment of laborers, workmen or Mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: 1. No laborer, worker or mechanic In the employ of the contractor, subcohtractor or other person doing or contracting to do the Whoie or a part of the work contemplated by the contract shall be permitted or required to work more than eight fours in any one calendar day or, more than five days in any ohe Week except in the extraordinary amergehclas ret forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220. 2) 2. Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages ac indicated on -the wage schedule provided by the Department, Bureau of Public Work. The prevailing rate of wage shall be annually determined no later, than thirty days prior to July first of each Year. The prevailing rate of wage for the period commahcing July first of such Year through June thirtieth, Inclusive, of the following year, shall be the rate of wage set forth in such collective bargaining agreements for the some period, Including those increases for such period which are directly ascertainable from such collective bargaining agreements I the annual datermihatioh. CSea Section 220. 3) 3. It shall be the duty of the department of Jurisdiction to file With the fiscal officer, the classification of Workers, mechanics and laborers to be employed on B public work project, together, with a statement of the work to be performed by each classification. (See Section 220. 3-a) Y. The contractor and every subcontractor shall post in a proMineht and accessible place at the Work site a statement of all wage rates and suppleMehts to be paid or, provided for the various classes of mechanics, workers or laborers. CSee Section 220. 3-a) I i S. No employee shall be deemed to be an apprentice unless ihdividualIV registered In a program registered with the New York State Department of Labor. The a1.1owabIa ratio of apprentices to JourheyMen in shy craft classification shall not be is greater than the ratio permitted to the contractor as to his WOrk force on any Job under the registered Program. Any employee who is not registered as above, shall be paid the prevailing wage rate for the Journeyman classification of work actually performed. The contractor or subcontractor will be required to furhish Writteh evidence of the registration of his p►rograM and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to _. using any apprentices on the contract work. [See Section 220. 3-e) ! G. (s) No cohtractor, subcontractor, nor any Person acting on his behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York Who is qualified and available to perform the work to which the employment relates. CSee Section 220-ecs)) (b) No contractor, subcontractor, nor any person acting on his behalf, shall in shy mshner, dtscriMinate against or intimidate any empiOyee on account of race, creed, color, disability, sex o Tr national Origin. [See Section 220- eCb)) NOE; Tfie human Rights Law also prohibits discriMination in employment because of age, marital status or religion. Cc) There may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such persoh was discriminated against or intimidated in violation of the provisiohs of the cohtract. CSee section 220-e( c)) Cd) The contract may be cancelled or terminated by the State or municipality, and ali moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of the anti - discrimination sections of the contract. (see Sec. 220-e(d)) l PW-3 (10-84). . I : 1 ATTENTION: ALL CONTRACTORS AND SUBCONTRACTORS ENGAGED ON PUBLIC WORK PROJECTS IN NEW YORK STATE INTRODUCTION: Below are the maJor PPOVISIOhs of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work protect no more than eight hours a day and no more than five days in a geek, except in case of extraordinary emergency such as fire, flood or danger, to life or proPerty. YOU May apply to the Bureau of Public Work for a dispensation permittih-g workers to work additional hours or days per week Ong Particular public work project. WAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be hot less than those listed in . the current prevailing rate schedule for the locality where the work is Qerformed. If a prevailing rate schedule for the project has hot been provided to the prime contractor by the department of Jurisdiction CI . e. , the governmental ehtity awarding I the public work contract), or to a subcontractor by the prime contractor, the applicable ' schedule must be obtained from the Department of Jurisdictioh, who must make written application to the Bureau of Public Work, Labor Depahtmeht, Building No. 12, State Office _ Building Campus, Albany, New York 12240 The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subc0htr,actors. PAYROLL RECORDS: Every contractor and subcohtrsctor must keep originals or trahscripts of payroll records, showing for e.ach -persoh employed on public work, the following: 1. No me, 2. Address and phone number, 3. Social Security number, 4. 0ccupatlonnl classifications 1 which Worked, S. Hourly wage rate paid, 6. Supplements provided, 7. Daily and weekly number of hours worked in each classification, B. Deductiohs made, S. actual wages paid. When payroll records are requested by the Commissioner r each Payoll recar`d ;. I must be affirmed as true under the penalties of perjury which means a notarized signature to that effect. Such records must be kept on the site Of the work when the contractor or subcontractor does not maintain a regutarr place of business In New York State and the amount of the contract exceeds =25, 000. All other contractors and subcontractors must within five days after request produce at the work site the orignal payrolls or transcripts. The original payrolls or, transcripts must be preserved for three years from the date of completion of the project. POSTING: Th The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project. PW19 (6-BS). . . CContihued) NOTICE TO CONTRACTORS (Continued) APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered under a program or agraeMent registered with the COMMISOIOner of Labor. The contractor or subcontractor will be required to furnish written av; dehce of the registration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to Journeyman In any craft classification can be no greater than the ratio parmitted to the contractor, or subcontractor as to its work force on any yob dl under the registered program. An employee listed on a payroll as an apprenticQ, who is not ragisterad as above, must be paid the prevailing ,Journeymen' s wage rate for that classification of work. WITHOLDING OF PAYMENTS: When s complaint is filed wlth the COMMISSIOher of Labor alleging the failure of a ContraCtor or, subcontractor to pay or, provide the prevailing wages or III supplements, or when the Commissioner of Labor believes that unpaid wages or, supplements � - May be due, payments On the pub 1 1 C Work Contract may be wi theld from the prime contractor in sufficient amount to satisfy the alleged unpaid wages and suppIamants, IhciudInq interest and civil penalty, pending a final deterMihatlOn- INTEREST AND PENALTIES: If an uhderpaymant of wages or, supplements is found, interest must be added at between 6 and 16 percent of the amount due. In addition, an order directing the payment of wages or supplements May assess a civil penalty of up to 2S percent of 1 the amount due. DEBARMENT: When final datermina.tions have been made against a contractor or subcontractor ` in two Instances within a six-year period determining that it willfully failed to pay 1 . Or provide the prevailing rate of Wages or supplements, such Contractor or subcontractor will be ineligible to bid on or be awarded a public work contract for a period of five years from the second final determination. i d CRIMINAL SANCTIONS: Wilful violations of the Prevailing Wage Law (Article 8 of the Labor Law) consIstitute a misdemeanor punishable by fine or IMprlsohMaht, or both. DISCRIMINATION: No employee or applicant for employment May be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must conspicuously post at Its offices, places of employment or employment training Centers, notices furnished by the State Division of Human Rights, POSTING OF OTHER NOTICES: Every amp Ioyer providing worker' s compensation IhsurahCe and disability benefits must post in a conspicuous place notices of such coverage In forts prescribed by the Workers ' Compensation Board. Employers liable for contributions under the Unemployment Ihsurance Law must conspicuously post notices furnished by the State Department of Labor. All employers must post in a prominent place a sign informing workers of their Right to Know about toxic substances found in their workplace CArticle 28 of the Labor Law) , PW 19 (6-85). . . docm: IQtter2b OVERTIME and HOLIDAY INFORMATION r 7/1/'8S If{ OVERTIME C A ) Time and one half of the hourly rata after 7 hours per day, C 8 ) Time and one half of the hourly rate after, 8 hours par day. C C ) Double the hourly rate after 7 flours per day. C 0 ) Double the hourly rata after 8 hours par day. C 1< ) Tlme and one ha if of the hourly rate on Saturday. C F ) Time and one half of the hourly rata on Saturday and Sunday. C G 3 Time and one half of the hourly rate on Saturday and Holidays. C H ) Time and one half of the hourly rate on Saturday, Sunday and Holidays, JI C I ) Tima and one half of the haurly rate on Sunday. ( J 3 Time and one half of the hourly rate on Sunday and Holidays. C K 3 Time and one half of the hourly rate on Holidays. ( L ) Double the hourly rate on Saturday. C M ) Double the hourly rate on Saturday and Sunday, C N ) Doubla tha hourly rate on Saturday and Holidays. C O ] Double the hourly rate on Saturday, Sunday and Holidays. C P ] Double the hourly rate or. Sunday. C p ) Double the hourly rate on Sunday and Holidays, g C R ) Double the houriy rate on Holidays, ll1 C S ] Two and one half times the hourly rate for Holidays, if Worked. C T ) Triple the hourly rate for Holidays, if worked. C U ) Four times the hourly rate for Holidays, if worked. C V ) Incluing benefits at SAME PREMIUM as shown far overtime. NOTE: BENEFITS are PER HOUR WORKED, for each hour worked, unless otherwise noted in overtime conditions. i SEC220: PARA 2, "Each contract. . . . shall contain s stipulation '"at no laborer, workman or mechahic. . shall be permitted or, required to work more than eight hours in any one caiander day or work more than five days in any one week except in case of extraodihary emergency. . . Whenever such an "EMERGENCY DISPENSATION"[emphasis added) is granted, all work in excess of eight hours per day, and five days per week shall be considered overtime work. . . and. . . shaII be paid a premium wage commensurate with the premium wages prevailing In the area in which the work is performed. ^ T HOLIDAYS The Holidays as listed below are to be paid at the wage rates at which the employee Is normaliy classified. i C 1 ) None. C 2 ) Labor Day. C 3 ) Memorial Day and Labor Day. C 4 ) Memorial Day and July 4th. f C 5 ) Memorial Day, July 4th and Labor Day. C S ) New Years Day, Thanksgiving Day and Christmas Day. C 7 ] LincoIA'S Birthday, Washington's Birthday and Vaterahs Day. tl ( 8 3 Good Friday. C 9 ] Lincoln's Birthday. C 10 ] ' Washington' s Birthday. C 11 3 Columbus Day, C 12 ) Election Day, C 13 ) Presidential Election Day. C 14 ) 1/2 Oay on Presidential Election pay. f C 15 3 Veteran's Day. 1Jl C IS ) Day after, Thanksgiving Day. C 17 ) July 4th. C 18 ) 1/2 Day before Christmas Day, C 19 ] 1/2 Day before New years Day, C 20 3 Thanksgiving Day. ( 21 ) New Years Day. C 22 ) Christmas Day. dOcm: letter 2c NOTICE OF ADDENDUM APPLICABLE TO ALL COUNTIES ( * 3 AS NDTED ON PREVAILING RATE SCHEDULES PAGES, The law requires that for those labor contracts which expire prior to July 1 and which are hot negotiated before May 31, the date for publication of the annual determination, the hew collective bargaining Information will be incorporated into the prevailing rate schedule by means of an addendum. This addendum will be issued by the Bureau of Public Work for, those schedules where the available information is incomplete as of May 31. When you review the schedule for particular occupations, your attention should { be directed to the dates above the column of rates. These dates are the effective dates of the latest collective bargihih9 agreements for that occupatiOn. The rates listed in that column Were taken from those agreements and will remain in effect until the following JUNE 36TH. The only exception is for those collective bargihing a9reemehts which expired during the month of June. in those cases a the Commissioner will publish an addendum to Include the new rates determined i for, those occupations. These new rates Will become effective 30 days after the addendum is received by the contractor. i -. To repeat, if the schedule indicates that a collective barginin.g agreement expires during the month of June or where information was not ayailable at the time 1 i of publication you should be aware that an addendum will be published and copy of the addendum should be requested. Failure to do so may cause an improper rete { to be used and result in the finding of an underpaymeht. j i 1 addendum doom: i a t tQteh2d PREVAILING RATE SCHEDULE C * )See NOTICE PALE ATTACHED State of New York Cate Number Bureau of Department of Labor 8504923 Public Work 3B - 7/01/85 - 6/30/86 OUTCHESS COUNTY Page 1 ASBESTOS WORKER WAGES(per hour) 7/01/85- 6/30/86 Insulation Worker. . . . ; 20. 29 OVERTIME PAY: See C E, D ) on OVERTIME PAGE attached. PAID HOLIDAYS; See C 1 3 an HOLIDAY PAGE attached. - - ALLOWABLE RATIO: ApprentiCeCs ) to Journeymen C 3 C ) C ) APPRENTICES: ( 1 ) year terms at the foIIOWing percentage of Journeymah's wage. 1ST. 2ND. 3RD. 4TH. i SOY. 6DY 70 Y. 80% SUPPLEM NTAL BENEFIT5: (per hour worked) I H¢alth/welfare. . . . . . . . ; 7 Y, Pens i oh. . . . . 14 Y. Apprentice Tr8ihing. . . 01 - Vacation. . . . . . . . . . . . . . 20 Y. 9 Listed supplements apply to ALL classifications C x }Yes C )No. 4-91 13DILF-RMAKER WAGE5(per hOUr3 9/01/84- 9/01/85- 9/01/86 - i 8/31/BS 8/31/86 12/31/87 Boilermaker. . . . . . . . . . ; 21. 75 22. 75 24. 00 'i OVERTIME PAY: see C C ) on OVERTIME PAGE attached, PA2D HOLIDAYS: 5ee C 1 } on HOLIDAY PAGE attached. I ALLOWABLE RATIO: Apprentice( s) to Journeymen C 1 - 5 3 C 1 - 10 3 APPRENTICES; C 1/2 ] year terms at the following percehtage of JourneYmsn's wage- 1ST. 2ND. 3RD. 4TH. 5TH. 6TH, 7TH. 8TH. 60% 65Y. 70% 75% BOY. BSA 907 100Y. SUPPLEMENTAL BENEFITS: (per hour worked) Health/welfare. . . . . . . ; 6 Y. 7 y 8 Pension. . . . . . . . . . . . . . . 10 Y. 10 y 10 Y, Apprentice Traihing. . . . 10 . 10 . 10 Vacation. . . . . . . . 7 Y. 7 K 7 V. Annuity. . . . . . . . . . . . . . . 15 Y. 1S Y. 15 y Listed supplements apply to ALL classifications C x }Yes C )No, 8-5 ,i DRILLING Core Drilling Bee Operating Engineer Water Well Drilling See Operating Engiheer ELEVATOR CONSTRUCTOR I WAGE5(per hour) 7/01/94- 1 i Elevator Constructor. . . ; 1.8. 47 • 1. Helper. 12, 93 OIMOLE PAY: See C O, O ) on OVERTIME PAGE attached. PAIDAVS: see C 5, 6 3 on HOLIDAY PAGE attached. ALLDWABLE RATIO: Apprentice s) to Journeymen C - 3 C APPRENTICES: C } year terms at the following percentage of Journeyman' s Wage. 1ST, 2ND. 3RD. 4TH, 5TH. 6TH. 7TH. 87H. 00% OOy 00'/. 00% 09A 00'% 0 0 A 001 SUPPLEMENTAL BENEFIT5: Cper hour worked) Health/Welfare. . . . . . . . $ 1. 795 Pension. . . . . . . . . . . . . . . 1: 41 Apprentice Training. 085 Vacation. 6 Y Listed supplements apply to ALL classifications ( x )Yes C )No. 1-138 PREVAILING RATE SCHEDULE C :N 3See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Public Work Department of Labor 5504923 1 36 - 7/01/85 - 6/30/86 DUTCHESS COUNTY Page 2 CARPENTER I WAGES(per hour) 7/01/85- 7/01/86- 1 6/30/86 6/30/87 Building: Millwright. . . . . . . . . . . 18. 79 " 19, 29 OVERTIME PAY: See ( C ) on OVERTIME PAGE attached PAID HOLIDAYS; See ( 1 ] oh HRLIDAY PAGE attached. ALLO1A9LE RATIO: App rehtica( s ) to JourheYmah C 1 7 7 APPRENTICES: C 1 ) year terms at the following percentage of Journeyman' s wage. 1ST. 2ND. 3RD. 4TH. SSY. 65Y. 7SY 9S Y. SUPPLEMENTAL BENEFITS: CPer -hour worked) 2 67 Hea i th/We I fare. . * Z. 44 2, 59 Pension.. . . . . . . . . . . . . . 2. 49 Anhui ty. . . . . . . 2. 42 2, 94 Apprentice Traihin9: ... . 15 . is Vacati on. 2. 26 2. 40 Listed supplements apply to ALL classificetiohs C x' 3Yes C 3141o. 8-740 ------------------------------ WAGES(per hour) 7/01/85- 7/01/86- 6/30/86 6/60/87 P i I edri ver. 19. 66 20, 66 Dockbui I der. 14. 66 20. 66 i pVERTIME PAY: See C A. 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: See C 1 3 on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprehtice( s) to Journeymen C 1 - 7 3 APPRENTICES: C 1 ] Year terms at the following percehtage of Jourheymah' s wage, 1ST. 2ND, 3RD. 4TH. 55 Y. 65Y 7 5 A 95% SUPPLEMENTAL BENEFITS: CPerr, hour worked - See below. 6-1456 ------------------------------ The --- ----- ----------------The following Supplemental Benefits apply to the preceding Carpenter categories and/or occupational titles unless otherwise noted. SUPPLEMENTAL BENEFITSi !per hour worked] for pLL Categories Except 1st & 2nd Year2A67hentices Hea I th/We I fare. . . . . . . . t 2. 40 Pens i on. . . . . . . . . . . . 2. 49 2. 59 Annuity. . . 1. 20 1. 20 Apprehtice Training. . . 15 . is Vacation. . . . . . . . i. 55 1. ss SUPPLEMENTAL BENEFITS: Cper hour worked) for 1st & 2nd Year Apprentices indentured before June 30, 1984 Has l th/We l fare' ' - - *2. 40 *2. 67 Pension. . . . . . . . . . . . . . . *1. 49 *1. 55 Annuity. . . . . . . . . . . . * . 72 * . 72 Apprentice Training. . * 67 93 * I5 Vacati on. . . . * 87 * SUPPLEMENTAL" 9ENEFITS: Cper hour, worked) for 1st & 2nd Year Apprentices indehtured after July 1, 1984 *2. 67 Health/Wel fare, . . . . 8 *2. 40 _ Pens ion. • . . • . . . . . . . . . . 60 *1. 25 *1. 30 Anhui ty. * . 6 0 * Apprentice Thainihg, . * i5 * 15 Vacation. . . . . . . . . . . . . * 73 * 78 Listed Supplements apply to ALL classifications C )Yes C x )No. C * ) Apprentice supplements appear in second columh. Clst and 2nd yeas-hVC/ supe All others receive Journeyman sup;rlemehts' ) ■ IR PREVAILING RATE SCHEDULE C )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor 8504923 Public Work 3B - 7/01/85 - 6/30/86 OUTCHESS COUNTY Page 3 Carpenter (Coht) In the Towhs of Beekman, Fichkill , E. Fishkill , Pawling, Wappinger and amen Haven Prison. WAGES(par hour) 6/01/84- 6/01/85- 6/01/86 - 5/30/85 5/30/86 5/30/87 Building: Carpan#er. . . . . . . . . . . . ; 14. 41 15. 01 15. 61 Floor Coverer. . . 14. 41 15. 01 15. 61 Carpet Layer. . . . 14. 41 15, 01 15. 61 Dry-Wa 1 I App I i cator. . 14. 41 1S. O1 15- 61 Lather. . . . . . . . . . . . . . . 14. 41 15. 01 15. 61 Heavy/Highway : Carpenter. . . . . . . . . . . . 14. 41 15. 01 15. fi1 OVERTIME PAY: Building-See C C, 0 ) on OVERTIME PAGE attached. PAID HOLIDAYS: Building-See C 1 ) on HOLIDAY PAGE attached. OVERTIME PAY: Heavy/Highway- See C B, H ] oh OVERTIME PAGE attached. PAID HOLIDAYS: Heavy/Highway-See ( 5, 6 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO; Apprentices) to Journeymen C 1 - 5 ) APPRENTICES; ( 1/2 ) year terms at the following percentage of Journeymah's Wage. IST. 2ND, 3RD. 4TH. 5TH. 6TH. 7TH. 8TH, 50% 50% BOY. 60% 751 7S1 851 as% SUPPLEMENTAL aENEFITS: (psr hour worked) Health/Welfare. . . . . . . . 2. 29 2. 66 3. 11 ' pension. 1. 86 1. 97 2. OB ApPrantice Training. . . 25 25 25 Vacation. 2. D5 2. 25 2. 45 Other. . . . . . . . . 41 . 41 41 Listed supplements apply to ALL classifications C x )Yes C )No. 1-323 i In the Remainder of the County. WAGES(per hour) S/01/84- 6/01/85- 6/01/86- 1 5/31/85 5/31/86 8/31/$7 Building: Carpenter. . . . . . . . S 16. 62 17. 32 1$, 02 Floor Coverer. . . . . . . . I6. 62 17. 32 I&. 02 Carpet Layer. . . . . . . 16. fit 17. 32 18, 02 Dry-Wa I l App I I cator. . 16, 62 17. 32 18. 02 Lather. . . . . . . . . 16. 62 17. 32 18, 02 Heavy/Highway Carpenter. . . . . . . . . . . . 16. 62 17. 32 18. 02 OVERTIME PAY; BUILDING-See C C, A ) on OVERTIME PAGE Attached. PAID HOLIDAYS; BUILDING-See ( 1 ) on HOLIDAY PAGE attached. OVERTIME PAY: Heavy/Highway-See( B, H ) on OVERTIME PAGE attached. 1 PAID HOLIDAYS! Heavy/Highway-See C 5, 6 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprehtice( s) to Journeymen C 1 - 4 ) APPRENTICES: ( ' 1/2 ) year terms at the following percentage of Journeyman' s wage. 1ST. 2kD. 3RD. 4TH. 5TH. 6TH, 7TH. 8TH. d SOY 501 601 SOY. 7SY 7 5 Y, $SY as% SUPPLEMENTAL BENEFITS! (per hour worked) Health/Welfare. . . S 2. 25 2. 50 2, 80 Pens i oh. . . . . 1. 95 2. 20 2. 50 Apprentice Traihing. . . . 30 37 . 42 Listed supplements apply to ALL classifications C x )Yes C )No. 1-203 PREVAILING RATE SCHEDULE [ * )See NOTICE PACE ATTACHED State of Now York Case Number Bureau of Department of Labor Public Work BSO4923 38 - 7/01/85 - 6/30/86 DUTCHESS COUNTY Page 4 ELECTRICIAN In the Town of Fishkill . WAGESCper hour) 3/01/85- 2/28/86 Electrician. . . . . . . . . . * 17. 65 OVERTIME PAY: See C e, O ] on OVERTIME PAGE attached. PAID HOLIDAYS: See C 1 ] on HOLIDAY PAGE attached. ALLOWABLE RATIO; ApprenticeC5 ) +o Journeymeh C 1 - 1 ) C 2 - 4 ) [ 3 - 7 7 APPRENTICES: C 900 hours ) +arms at the following percentage of Journeyman's wage. 1ST. 2Nd. 3RD. 4TH. STH, 6TH. 7TH. 8TH. 38Y. 4 0 Y, 43`!. SOY 55Y 60% 657. 70% PPLEMEN.TAL BENEFITSCper hour worked) 5U Health/WNIfara. . B 8 Y * 8 Y Pension. . 65+3Y. * = Y Apprentice Training. . . 1/2% *1!2% Vacation. . . . . . . . . . . . . . 1. 10 Y Anh.itV• . . 1. 00 * _ % Listed supplements apply to ALL classifications C ]Yes C x )No. # Apprehtice supplemehts appear in second column. 8-631 --------------------------- In the Remainder of the County. WAGES(per hour) 6/01/85- 12/01/85- 11/30/85 11/30/86 Electricisit,. . . . . . • • . • $ 16. 65 17. 75 ' Audl o/Sound. . . . . . . . . . 16. 65 17. 75 OVERTIME PAY: See C C, 0 J on OVERTIME PAGE attached. PAID HOLIDAYS: See C 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprehtice(s) to Journeymen C 1 - 1 ) C 2 - 4 ) C 3 - 7 J APPRENTICES; ( 1750 ) hours terms at the percentage of JOVrneymah'S Wage. 1ST. 2ND. 3RD. 4TH. 4D% 4SY 5 5 Y- 7 0 A SUPPLEMENTAL BENEFITS: (par hour worked] Health/welfare. . . . . i 1. 70 *1. 00 1. 70 *1. 00 Pens i on. . . . . 65+3Y. 1R. 26+3% . 65+3Y *. 34+3Y Apprentice Trai hi ng. . . 08 * 04 . 09 * 04 Annuity. . . . . . . . . . . . . . . 1. 25 * 50 1. 25 * SO f Vacation, . . . . . . . . . . 10 Y *10 Y. 10 Y. >« 10Y Listed supplements apply to ALL classifications C )Yes C x )No. 11 * Apprentice supplements appear in second columh. 1-21S WAGESCper hour) 9/18/84- 9/17/85 9/17/85 Telephone: Installer/Repair. S 11. 15 11. 15 Installer Tech 1. 11. 63 11, 63 '• installer Tech 2. 12. 14 12. 14 5r. Techhi ci an. 12. 87 12. 87 Master Techhi cl en. . 13, 53 13. 53 OVERTIME PAY: See C ) on OVERTIME PAGE attached. PAID HOLIDAYS: See C ] on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice[ S) to Journeymen C 1 - 1 7 C 2 - 4 7 C 3 - 7 J APPRENTIGl5: C 1/2 J Vear terms at the fol IOwl ng wage. 1ST. 2ND, 3RD. 4TH. 5TH. 6TH. 6. 99 B. 58 S. OS 9. 71 10. 20 10. 66 for 9/18/84-9/17/85 7. 20 8. 84 9. 33 10. 00 10. 51 10. 9s for 9/18/95-9/17/86 SUPPLEMENTAL BENEFITS: Cper hour worked) Health/Welfare. . . . . . . . i . So . 50 pension. . . . . . . . . 3 Y 3 % 3-21St Listed supplements apply to ALL classifications C x )Yes C ]No. PREVAILING RATE SCHEDULE ( * )See NOTICE PAGE ATTACHED "ale of New York Case Number Bureau of Department of Labor Public Work SSO4923 38 - 7/01/85 - 6/30/86 OUTCHESS COUNTY Page 5 GLAZIER In the Towns of Beekman, Dover, E. Flshki11 . Flshki11 , LaGrange, Pawling, Pleasant Valley, Poughkeepsie, Union, Vale and Wappinger. WA.GE5Cper hour) 7/01/85- 1/01/86- 7/01/86- 1/01/67 12/31/8S 6/30/86 12/31/86 6/30/87 Glazier. . . . . . . . . . . . . . 19. 3`0 19. 80 19. 80 19. 80 i OVERTIME PAY: Sec C C 7 on OVERTIME PAGE attached. PAID HOLIDAYS: See C 1 J on HOLIDAY PAGE attached. ALLOWABLE RATIO: ApprenticeCs3 to Journeymen C 1 - 5 ) APPRENTICES: L 1/2 ) year, terms at tho following percentage of Journeyman` s Wage. Indentured prior to July 1984 15 T, 2ND. 3RD, 4TH. STH. 6TH. 7TH. STH. 50Y, 60%, 70% 75 Y. 80 Y. 135% '90 Y. 95'!. Indentured after July 1, 1984 1ST, 2ND, 3RD. 4TH. 5TH. 6TH. 7TH. 8TH. 30Y. 35 Y, 40% 45V. SSY. 65y 75% 90Y. SUPPLEMENTAL BENEFITS: (per hour worked) Hea I th/we I fare.. . . i 1. 26 *1. 26 1. 25 *1. 25 1, 26 *1. 26 1, 26 *1. 26 Pens i on. 1, 26 *1. 26 1. 26 *1. 26 1. 26 *1. 26 1. 26 *1. 26 Apprentice Training. 01 * 01 . O1 * 01 . 01 * 01 . 41 * 01 Vacati on, . 1. 32 * = Y 1. 32 * Y 1. 32 * Y. 1, 57 * = Y Annuity. . . . . . 3, 50 *Note 3. 50 *Nate 4. 25 *Note 4. 75 *Note Note - Apprentice Annuity: i 1st yr-None / 2nd yr-• 75 ./ 3rd yr-1. 10 / 4th yr-1. 50 3 Listed supplements apply to ALL classifications ( )Yes C x )No. i * Apprentice supplements appear in seCOhd column. 8-1087 In the Remainder of the County. WAGE5(per hour) 7/01/Ss- 7/01/66- 6/30/86 Glazier. . . . . . . . . . . . . . ; 13. 73 I O lTIME PAV: See C B, E, a ) on OVERTIME PAGE attached. is PAID HOLIDAYS: 5012 C 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: APPrehtiCeCS) to Journeymen C - 3 ( - ) ( - ) APPRENTICES: C 1/2 ) year terms at the following percentage of Journeyman's wage. 1ST. 2ND. 3RD. 4TH. 5TH_ 6TH. a5 Y. 751A 85'/, 90% 95Y. SUPPLEMENTAL BENEFIT5: Cper hour worked) Health/weIfake. . . , $ . 92 92 Apprantice Training. . . 01 01 AnhuitV. . . . . . . . . 1. 00 1. 00 Listed supplements apply to ALL classifications C x 3Ves C )No. 1-1272 IRONWDRICER i WAGE5(per hour) 7/01/85- 7l01/B6- t 6/30/86 ! ! Structural . . . . . . . . . . . * 16. 00 11e1nforcing. . . . 1 . . . 1 . 16. 00 Ornamentai . . . 16. 00 Cha i n Link Fence. , 16, 00 OVERTIME PAY: See ( D 3 on OVERTIME PAGE attached, PAID HOLIDAYS: See C 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO, Apprehtice(s) to Journeymen C 1 - 1 ) C 1 - 4 J jl APPRENTICES: C 1/2 ) year terms It the following Percentage of Journeyman' s wage. 15 T, 2ND, 3RD. 4TH. 5TH, 6TH. 60% 7 0 V. 80A 80% 901/1 50 Y. SUPPLEMENTAL BENEFITS; Cper hour worked) Health/Welfare, . 2. 00 Pens i On. 3. 20 Apprentice Training. . . 17 Vacation. . . . . . . . . . . . . . 2. 7S Annuity- - . . . . . . . . 3. 70 Listed supplements apply to ALL classifications C x )Yes ( )No. 8-417 PREVAILING RATE SCHEDULE C X )Sea NOTICE PAGE ATTACHED Case Number Bureau of State of New York Public Work Department of Labor 8504923 36 - 7/01/8r- OUTCHESS COUNTY Page 6 WELDER Welder To be paid the rate of the mechanic performing the work, LABORER itig CGOUP 81, General lLaborer, Mason tenders, ecarpenter TLabor ashing Forms, LaborerGradingandDiggingDitches, sweepersandCSeaners. and GROUP B 2: Skilled Laborer, Hod Carriers* Plasterers helpers, Scaffold Builders (padlock and self-supporting scaffold 14 or under all runwaYs), MOrtar Mixers (machine and hand), Concrete Mixers (by mschihe under 21E), Vibrators, Form Setters, ' Asphalt Rakers, Handling Reinforcement Rods., Working Labor Foreman, Drillers, Jack Hammers and Oper. Signal Men, Guhniting, Shop Stewards, Motor Buggs, Water PumpsC2" or under), Barco Machine, Wreckers, Paving Breaker, Power Saw Operators, Other machine Operators. GROUP it 3: Blaster, Supervising Foreman, Laser Beam Oper. WAGESCPer hour) 6/01/as- 6/01/85- S/31/86 5/31/87 Building: is. so GROUP. # 1. . . . S 14. 77 15. S5 GROUP s 2. . . . . . . . . . . . 15. 02 15. 00 Group 8 3. . . . . . . . . . . . . 15. 17 OVERTIME PAY: See ( C ) on OVERTIME PAGE attached. PAIR HOLIDAYS., See C 5, 6 ) on HOLIDAY PAGE attached. 1 SUPPLEMENTAL BENEFIT5: Cper hour worked) 1 70 Health/Welfare. . . . . . . . 21 66 1, 80 Pension. Listed supplements apply to ALL classifications .( x )Yes C )No. 1-1000 ---------------------------- i c GROUP s Ai General Labor, Dumpmen, Pitmen, Flagperson and Ditch Digger GROUP S B: Concrete Man, Signal Man, Mason Tender, Pipe Layer, Rip Rap and Dry Stone Layer, Asphalt Worker, Screen i99r Operator, Jack BuggyHammeoperator, SteelMan, Wagon Rod i Air-Track Operator, Nippers, Powderman, Hi h Scalers , Powers Bu gy Carrier, Vibratory operator, Other Machine Operator. Shop Stewards, Wrecking Laborer, Vibrator Operator Compactor, Gunite and Sand Blasting, WaterPumps C2" or, under), GROUP # C: Ail Foremen, including Grade, Pipe Concrete, Clearing, etc. , Laser Beam operator, Blaster and Form Setter, WAGES per hour) 7/01/85- 86 Heavy &Highway" GROUP a A. . . S 14, 36 GROUP % B. 14. 61 Group 8 C. . . . . . . . . . . . . 14. 96 i OVERIME PAY: See C 8, E ) on OVERTIME PAGE attached. i PAT I" HOLIS DAYS: ee C 5, 6, 7, 11, 12 ) On HOLIDAY PAGE attached. j SUPPLEMENTAL BENEFITS: (per hour worked) Health/Welfare. . . i 1. 75 Pension. . . . . . . . . . . . . . . 1. 5o Listed supplements apply to ALL classifications C x )Yes C )No. 1-1000h LATHER Lather See BUILDING CARPENTER 1-386 I .` PREVAILING RATE SCHEDULE C * )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of 850'Fg2a f Department of Labor Public Work 38 - 7/01/85 - 6/30/86 OUTCHESS COUNTY Page 7 MASON/TILE/TERRAZZO WAGE (par hour) 7/01/85- 7/01/86- 6/30/85 6/30/87 Bri ck l ager. * 15. 10 16, 05 Cement Finish (Bldg) 15. 10 16. 05 Plasterer. . . . . . . . . . . 15. 16 16. 05 Tuck Poi nter. 15. 10 16, 05 T i i e, Torrazz0 Worker. 1S. 10 15, 05 Tile Helper. . . . . . . . . . 13. 10 14. 05 OVERTIME PAY: See C C ) on OVERTIME PAGE attached, PAID HOLIDAY: See C 1 3 on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentices ) to Journeymen C 1 - 1 ) C 1 - 5 ) APPRENTICES: C 1/2 ) Year terms at the following percentage of Journeyman' s wage, 1ST. 2ND. 3RD. 4TH. 5TH. 6TH. 7TH. 8TH. 'K-0y. SSy 60y. 6Sy. 70% 75y 80% 85Y, SUPPLEMENTAL BENEFITS: (Per hour worked) Health/Welfare. . . . . . . * 3. 85 4. 00 Pens i oh. . . . 3. 75 4. 00 Apprentice Training. . . 1S . 20 r Listed supplements apply to ALL- - - - classifications { x )Yes-C )No. 1-44 WAGES(Per hOUr3 7/01/84- 7/01/85- 7/01/86- 6/30/85 6/30/86 6/30/87 Building: Marble, Tile and Terrazzo Helper- 12. 25 13. 10 14, 05 OVERTIME PAY: See C ) on OVERTIME PAGE attached, PAID HOLIDAY: See C ) on HOLIDAY PAGE UPPLEMENTAL BENEattached. - - J ALLOWABL=E RATIO: ApprehticeCs) to JOUrheYmeh C ) C ) C 7• SFITS: Cper hour worked) . . * 3. 70 3. 85 4.. 00 Pens i on. . 3. 55 3. 75 4. 00 Training Fund. . . . . . . . . 10 15 •.20 Listed supplements apply to ALL classifications C x )yes C )NO. 1-83 ----------------------------- S WAGES(per hour) 7/01/85•• 7/01/86- 6/30/86 6/30/87 Heavy/Highway: Cement Finish CH/H). . . 15. 60 16. 55 OVERTIHME PAY: See C 8, 0 ) on OVERTIME PAGE attached. ll PAID OL See C S, b, 7, 8, 11, 12 ) on HOLIDAY PAGE attached, ALLOWABLE RATIO: Apprehtice(s) to Journeymen C 1 ^ 1 ) C 1 - 5 ) A s PPRENTICE$: ( 1/2 ) year terms at the foil Owing percentage of Journeyman' s wage. IST. 2ND. 3RD. 4TH. 5TH. 6TH. 7TH. 8TH. O SSy 60,/ 5s% 70'A 75 , Boy 85% SUPPLEMENTAL B€NEFITS: (per hour worked) Health/W® I fare• • ; 3. BS 4. 00 Pens i on. . . . . . . 3. 75 4. DD Apprentice Traihih9- • 15 . 20 Listed supplements apply to ALL classifications C x )Yes C )No, 1-44h PREVAILING RATE SCHEDULE C X )Sae NOTICE PAGE ATTACHED State of Now York Case Number Bureau of Department of Labor Public Work 8504923 38 - 7/01/85 - 6/30/86 DUTCHESS COUNTY Page 8 PAINTER WAGES(per hour) 6/01/85- 6/01/86- 5/31/86 Brush. , S 16, 24 Dry Wall Tapar, . , , . . 16. 24 Paper Hangar. . . . . . . . 16. 38 Structural Steel . . . . . . 17. 24 Spray . . . . . 17. 24 Sandblasting. 17. 24 Orting . . . . . . . i dge. . 17. 24 OVERTIME PAY: See C C ) on OVERTIME PACE attached. PAID HOLIDAY: See ( 1 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS; (per hour worked) Health/Welfare. . . . . . . . * 2. 03 Pension. . . . . . . . . . . . . . . 1. 10 Listed supplements apply to ALL classifications C x )Yes C )No. 1-155 PLUMBER WAGESCper hour) 4/01/85- 3131/86 P I umber. . . . . . . . 18, 70 Steamfitter. , . . . . . . . . 18. 70 i OVERTIME PAY: Sea C C ) on OVERTIME PAGE attached. PAID HOLIDAY: Sea C 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Appren.ticeCs) to Jourheymen ( 1 - 1 ) C 1 - 5 ) APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman' s wage. 1ST, 2ND. 3RD. 4TH. 4SY. SOY. 59Y. 5.5Y SUPPLEMENTAL SENE_FITS_: (per hour worked) ` Health/Welfare. . . . . . . x 1. 50 * . 68 Pens i on. . . . . 1, 75 x 79 Apprentice Trashing. . . . 15 x 07 Vacation. . 2. 00 x . 90 Security Fund. . . . . . . . . 1. 50 x1. 50 Listed supplements apply to ALL classifications C )Yes C x )No. �k Apprentice supplements appear in second column. 1-201 i ROOFER WAGESCper hour) 7/01/85-. 7/01/86- 6/30/86 12/31/86 Roofer. . . . . . . . . . . . S 17. 00 18. 05 Waterproofer. . . . . . . . . 17. 00 18. 05 OVERTIME PAY: See C B, F ) on OVERTIME PAGE attached. PAID HOLIDAY: See C 1 ) on HOLIDAY PAGE attached. 1 { ALLOWABLE RATIO: Apprehtice(s ) to Jourheymeh C 1 - 1 ) C 1 - 3 ) j APPRENTICE-5--t 1/2 ) Year terms at the following percentage of Journeyman' s wage. 1ST. 2ND. 3RD. 47H. STH. 6TH, 50Y. SS.Y 6 0 A 65`/. 70% 751 r SUPPLEMENTAL BENEFIT5: Cper, hour Worked) }sea I th/Wel fare. . * Z. 00 * _ % 2. 00 * = Y Pens i on. , . . . 1. 75 * - Y. 1. 75 * = Y Apprehtice Tra1h1h9. . 30 * 30 . 30 * . 30 Annuity. . . . . . . . . . 1. 50 * = Y, 1. 50 x = Y, Benefit Fund1. 50 * = Y 1. 60 * F Y Other. • , . . . • , • . • 15 * 15 I 15 * . 15 Listed supplements apply to ALL classifications C )Yes C x )No, * Apprentice supplements appear in second column. 8-99-8/2 PREVAILING RATE SCHEDULE ( « )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Department of Labor Public Work 5504923 ;.f 3 3B - 7/01/6S - 6/30/86 DUTCHESS COUNTY Page 9 SHEETMETAL WORKER WAGES(per flour) 7/01/85- 7/01/86- / / - 6/30/86 Sheetmetal Worker: . . . t SS. 70 OVERTIME PAY: See C 8, O ) on OVERTIME PAGE attached.. PAID HOLIDAY: See C 1 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprehtice( s) to Journeymen C 1 - 4 ) APPRENTICES: C 1/2 ) year terms at the following percentage of JOurneymah' s Wage. 1 1ST. 2ND. 3RD, 4TH. 5TH. 6TH, 7TH. STH. 11 40 Y. 45Y. 50Y. SS Y, 60 Y. 65Y 70 Y, 75Y l SUPPLEMENTAL BENEFITS: (per hour worked) Health/Welfare. . . . . . . . # 10 Y. Pens i on. . . . . 9% +. 24 j Apprentice Training. : : 16 Jk Vacation. l0Y Ahnui ty. . 11Y+• 50 Benefit Fund. . . . . . . . . . 3% .I Listed supplements apply to ALL classifications C x )Yes C )No. 8-38 i SPRINKLER FITTER WAGESCper hour) 4/01/SS- 4/01/86- 1/01/87- 4/01/87- 3/31/86 12/31/86 3/31/87 12/31/87 . Sprinkler Fitter. . . . . # 17. 75 18. 30 Additional Additional 1 OVERTIME PAY: See C B, D ) on OVERTIME PAGE attached, PAID HOLIDAY: see C 16 ) on HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprehtice(s) to Journeymen C - ) APPRENTICES: ( 1/2 ) year, terms at the following percentage of Journeyman's wage. ]STs 20, 3RD. 4TH. STH. 6TH. 7TH. STH. j5IIy SS Y. 6C Y. 65 Y. 70 Y. 75Y 80 Y. 85% SUPPLEMENTAL BENEFITS: (per hour worked) Health/Wel fare. . . . . . . . # 1. 70 1. 70 . 15 . 4s Pension. . . . . . 1. 60 1. 60 allotted allotted Apprentice .Training. . . . 10 10 later later. Listed supplements apply to ALL classifications C x )Yes C )No. 1-669 TEAMSTER j To-tick Driver(Building and Heavy/HighwaY): d GROUP 1: LeT0urn6au Tractors, Double Barrel Euclids, Athhey Wagons and similar equipmentCexcaPt when hooked to scrapers), Low Beds, I-Beam and Pole Trailers, Road Oil Distributors, Tire Trucks and Tractor and Trailers with 5 axle and over. 1 GROUP 2: All equipment 2S yards and up to and including 30 yard bodies and cable Dump Trailers and Powder and Dynamite Trucks. GROUP 3: All Equipment up to and including 24 yard bodies, Mixer Trucks, Dump Crete Trucks and similar types of equipment, Fuel Trucks and Batch Trucks and all other Tractor Trallers. GROUP 4: Ten Wheelers. Grease Trucks and Tillerman. GROUP 5: Straight Trucks. GROUP 5: Pick-up Trucks for hauling materials, parts and Escort Man over-the-road. WAGESCper hour) 7/01/85- 7/01/86- 5/31/86 5/31/87 Building and Heavy/Highway; A, Group aI. . . . . . . . . . . , 15. 95 15. 95 Group 92. 15, 85 15. 85 Group a3. . , . . . , . 1s. 65 15. 65 Group s;4. . . . . . . . . . . . 15. 55 15. 55 Group sty. . . . . . . . . . . . 1S. 45 15, 45 Group 26. . . . . . . . . . . . 15. 45 15. 45 OVERTIME PAY: See C B, E, P ) on OVERTIME PAGE attached. PAID HOLIDAY: See C 5, 6, 7, 12 ) on HOLIDAY PAGE attached. SUPPLEMENTAL BENEFITS: (Per hour worked) [ Health/Welfare. . . . . . . . ; 1. 75 1. 75 Pens i on. . . . . . . . . . . . . . . 2. 80 2. SO Listed supplements apply to ALL classifications C x )Yes C )No. 8-445h R � � 4,� �bm `,r ��: �� �� `� �. °fig, �� � � � r� � - � � A «•.° is All , I�„ Wit,,I�t� 'I U a �t � 3,-�$ n g 5 Y � :E L■ �� pq �� g .8 G . t Itl _ l7_ O , a y g k ;9 IC f6 d p B E `•�..w �, � I •� R�t f .q e �, $ '� ei �5. + _ eri µ.,,.s o Z m� i@ 4 x -m t0T - " e ;tl E� '� u•° a: g F r I I ! III f ,a t a �ro y 5�� U •y. � = Pq 6 3C�1'Q` � t a �� � F� �°°�' .�,c` �,\r•` `�. dg Fie '�gym' i� ":'�"•"a•t .�•� �. 3 Z f g WN ell ol� PREVAILING RATE SCHEDULE )See NOTICE PACE ATTACHED State of Now York Case Number Bureau of Department of Labor 8504923 Public Work 38 7/01/85 6/30/86 DUTCHESS COUNTY Page 10 TREE TRIMMER WAGES(PeV hour) 1/07/85- 1/01/66- 12/31/85 12/31/86 Tree Trimmer: Treemah. . . . . . . . . . . 10. 11 10. 24 Equip. Operator. 9. 01 S. 09 Truck Driver. . . . 7. 70 7. 72 OVERTIME PAYS See C B, E, 0 ) on OVERTIME PAGE attached. _PAID HOLIDAYS: See Cs, G a 10, 15, 16) on HOLIDAY PAGE attached. ALLOWABLE RATIO: APPrehtiCeCS) to JOUrhPYMeh C APPRENTICES: Cone) year -terms at the following rate$ of wage. -i S T-. 2ND. 3RD, Y-70 8. 0 P 9. 01 - F o r 1/07/85-12/31/85 7. 72 &. 0s 9. 09 - For 1/01/86-12/31/87 SUPPLEMENTAL BENEFITS: Cper hour worked. ) Health/wvIfare_ . . . . . as 1. 25 Pens 1 Oh. . . . . . . . . . . . 70+1 x . 70+1 Y. Listed supplemphts 8PP I Y to ALL cl ass i fi Ceti Ohs C x )Yes C )No. 6-1249 T T SURVEY CREW Qj_1GHWAY 8 HEAVY) In the Towns of Amenia, Clinton, Hyde Park , Milan, Northeast, Pihe Pla:ihS, Pleasant Valley, Red Hook , Rhinebeck , Stanford, Washington and the Town of PoughkeePsie( North of north Line of City of Poughkeepsie). WAGES: (Per, hour) 6/01/85- 6/01/86- 6/01/67- 5/31 /86 5/31/87 S/31/813 Survey Rates-Heavy/Highway: Technical Engineer Class A. . . . . . . . 13. 88. 14. 41 is, 03 Cl ass B. . . . . 13. 19 13, 69 14. 28 Instrument Man 11. 8c 12. 25 12. 78 Rodmah/ChaihMBM 10. 41 10. 81 11. 27 For Work in a Tunhol , add 1. 00 and for Hazardous Waste Area, add 2. 00 Per hour. OVERTIME PAY: See C 8, E, 0 ) On OVERTIME PACE attached. PAID HOLIDAY: : See C 5, 6 ) on HOLIDAY PAGE attached. ALLOWABLE ALLOWABLE RATIO: ApprvhticeCs) to Journeymen C 1 - 10 APPRENTICES; ( 1.000 ) hour terms at a percentage of Class "A" Tech, Ehgiheet,. 1ST. 2ND. SUPPLEMENTAL BENEFITS: Cper hour worked) Health/Welfare. . S I. so 2. 00 2. 20 Local Pension. . . . . 1 75 11 so 2. 05 C e h t V,S I P e h S i 0 h 30 30 30 Supp I . Umemploy. 13ehefit 60 so 150 Appreh-Lice Training. . . . 20 . 25 . 25 Lis-Led suPP I emehts BPP I V to A L L c I a s s i f i c a t i 0 h s t x )Yes C )No. 6-5 4 5 D-h -- --- ------ -------- -- --- ----- In the Remainder of the Couhty. ,#AGES; Cper hour) 7/01/85- 6/3C/86 Survey Rates -Heavy/Hiway: Party Chief. . . . . . . 17. 97 Instrument mah- . . . . 11t. 91 R a d rA a h/C h a i m m&ft- . - - . 13, 22 OVERTIME PAY: See C 3 on OVERTIME PACE attached. PAID HOLIDAY: See C ) on HOLIDAY PACE attached. A_!,LCWASLE RATIO: ApprentiCe( S ) to JOUrhQYMeh C SUPPLEMENTAL BENEFITS: C p e r hour, worked) Health/Welfare a h d P G h S i On. I , 70 Apprentice Training. . . . 20 VBCa`LiOh. . 1, Do Anhui tY. . . . . . . . . . 3. 25 Listed supplements apply to A L L c li a s s i f i c a t i 0 h s C x )Yes C )No. Y PREVAILING RATE SCHEDULE )See NOTICE PACE ATTACHED State of Now York Case Number Bureau of Department of Labor 8504923 Public Work 3B - 7/01/55 E/367-86 DUTCHESS COUNTY Page 11 In the Towns of Amenia, Clinton, Hyde Park, Milan, Northeast, Pine Plains , Pleasant Valley, Red Hook, Rhinebeck, Stanford, Washington and the Town Of POughkeepsiOCNorth of north Line of City of Poughkeepsie). Building;CLASS is M@iMtehBhce Ehgiheer CLASS 2: Crane, Hydraulic Cranes , Tower Crane, Locomotive Crane, Pile driver, Cableway, Derricks, W h 1 P, I i as, D r,a 9 1 in a, Shove 1, , a a c k h 0 a, Gradalls , Power rood grader, 8 1 1 CMI equ i Pment, Froht-ehd rubber t i r a i ONder, Tra ctor-mounted dr i I t [quarry master) Mucking machine, Concrete centralmax p I ant, Concrete pump, Belepate system, Automated asphalt concrete plant, and Tractor road paver. CLASS 3: Bulldozer, Push cat, Tractor, Traxcaya+or Scraper, LeTourheau grader, Form fine Grader, Road Roller, Blacktop Roller, Blacktop Spreader, Power Broomes , Sweepers, Trenching Machine, Barber Greene loader, Side booms, Hydro hammer, Concrete Spreader, Concrete finishing machine, High lift, CLASS 4: Oiler, Fireman and Heavy-duty Greaser, Boilers, and Steam Generators, pump, Vibrator, Mortar Mi xer, Air Compressor, Dust Collector, Welding Machine, We I I Point, Mechanical Heater, Gehvrators, TemPorary Light Plants , Concrete Pumps, Electric Submersible Pump 't" and over, Murphy type diesel generator, Conveyor, Elevators, Concrete Mixer and SPIcrete Power pack CBelcrete system), WAGES(per hour) S/01/85_ S/01/86- 5/01/87- Building: 4/30/86 4/30/87 4/30/88 Class a I. . . . . . . . . 17. 18 17. 72 18. 32 Class a 2. . . . . . . . . . . 17. 09 17. 69 18. 29 Class a 3. . . . . . . . . . . 16. 69 17,, 29 17. 89 Class 3 4. . . . . . 16. 02 115, 62 17, 22 OVERTIME PAY: See C B, K ) on OVERTIME PACE attached. PAID HOLIDAY: Sea C 5, 6 ) On HOLIDAY PAGE attached. ALLOWABLE RATIO: Apprentice( s) to JOUrheyMPh C 1 - I ) C I - 6 APPRENTICES: 1 1000 ) hours terms at the following Percentage Of Journeyman' s wage. 1ST. 2 N D3RD. 4TH. SOY, of 2ND. of 70V. of 751A of Class 4 Class 3 Class 2 Class I SUPPLEMENTAL QENEFITS: Cper hour worked) Health/Welfare. . . . 1. 80 2. 00 2. 20 Local Pension. . . . . . . . 1. 7S 1. 90 2. 0s Central PQhSiOh_ _ . . . . 30 . 30 . 30 Apprentice Tralhing. . . is Is . 15 Listed supplements apply to ALL classifications C x )yes C )No. 1_1015b -- ---- ----- ---- ---- --- - ----- PREVAILING RATE SCHEDULE C )See NOTICE PAGE ATTACHED, State of New York Case Number Bureau of Department of Labor Public Work 8504923 3B 7/01/85 6/30/86 DUTCHESS COUNTY Page 12 Operating Eh9iheerCCoht) Heavy/Highway; Master Mechanic CLASS A: Automated COhCPQtg SpreadePCCMI Type), Automatic Fine Grader, Backhoe( except tractor- mounted, rubber, tired), Deli Placer(CMI Type), Blacktop Plaht(auiomated), Cableway' Caisson Auger, Central Mix Concrete PlahtCautomated), Cherry Picker( ovRr S tons capacity), Concrete Pump(a or over), Crame. Cranes and Detricks( steel erection), Dr,a9lihe, Dred9e, Oual Drum Paver, Excavator( a I I purpose-hydraulic-Gradal I or Similar), Fork Lift( faciory rated ISft @hd over), Front End Loader(qc. y. a over), Head Tower (Sauermah or equal ). Hoist(two or three Drum), Mine Hoist, Holland Loader, Muckihg Machine or Mole, Overhead C?-aheCGEihtPY or Straddle Type), Pile Driver, Power, Grader, Quad 9, Quarry MasterCot, equivalent), Scraper, Shovel , Side Boom, Slip Form PaverCIf a second man is needed, he shall be an Oiler), Tractor Drawn Belt Type Loader, Truck Ctaop, Truck or, Trailer Mounted Chipper( self- feodinq), Tug & Operatof'CmShhed, rented equipment excluded) & Tunnel Shovel , Maintenance Eingineep, Concrete Curb Machine, Self-Propelled Slip Form. ---------- --- --------- --- CLASS 8: Backhoe (Tractor-Mountvd, Rubber Tired), Bituminous Spreader & Mixer, Blacktop Plant Choh-automafed), Blast or, Rotary Dri l I CTruck or Tractor Mcunted3, Bot-i h9 Machine, Cage Hoist, Central Mix Plah+(Nch Automated), All Concrete Batching Plants, Cherry P ickerCS tons & under), CompressorSC4 or less exceeding 2, 000 c. f. M. combihed capacity) , Concrete Payer over ISS, Concrete PumpCUhdei, 8") , Co-usher' Diesel Power U h i -L, D t, i I I Rigs (Tractor Mounted), Front E h d L 0 a d e r C u n d e r, 4 c, y, 3 , Hi -Pressure Sol I er CIS lbs, & over), Hoist(Ohe Drum), K o I man Plant Lcadep, & similar type loadersC if employer requires another- man, he shall be Oi ler), L, C. M. Work Boat Operator, Locomotive, Grease Man, Welder, Mixer C for, stabi' li' zed base- self pi-opelled), MOhOrail Machine, Plant Engineer, Pump Crete, Ready Mix Concrete Plaht, Refrigeratioh Equipment ( for soil stabillZati0h), Road Widener, Rol ler(a 11 above sub-grade) , Sea Mule, Tractor with Dozer, and/or Pusher, Trencher, Tugger, Hoist, Winch and Winch Cat, Self-Contained Crawler Drill . - - - --- -- ---------- ---------- -- --- --- CLASS C: A Frame Truck, CompressovsC4 not to exceed 2, 000 cfm combined Capacity; or 3 orless with more than 1200 cfm. but hot to exceed 2, 000 c. f. m) , Compt-essors (ainy size but subject to other provisions for compressors-Dust Collectors, Generators, PUMPS, WeldirigMachihes , Light Plants- 4 Of any type orcombih8ti0h), Concrete Pavermeht Spreaders and Finishers, Cohveyor, Dri l I ( core), Dri I I ( well ), Electric Pump Used in COhjUhC-EiOh with Well Point System, Farm Tractor with Accessories, Fine Grade Machine, FoikLift( uhd@r, JSft), Grout Pump, G u h 1 te Machine, Hammers( hydraulic- self propell ed) , Post Hole Digger & Post Dri ver, Power Sweeper, Rollev(grade & f! I 1 ), Submersible Electric PumpCwheh used in lieu of well point system), Tractor(with towed accessories) , Vibratory Compactor, Yibro Tamp, Well Point -- - --- -- --- - --- ---- - --- - --- ---- ---- CLASS 0: Aggregate Plant, BoiierCused in conjunction with production), Cement & 8 i h Operator, Compressors( 3 or I ess hot to exceed 1, 200 c. f, m. c op"b i h ed CaP8Ci +y) , COMPrQSSOrS (ahY size, but subject to other provi si ohs for compressors-Dust Collectors, Generators, Pumps , We ldlhg Machi hes , Light Pl@htS -3 Or less-any type or comb i hail On), Concrete Paver or M! XeV'CIGS & Uhder), COhcrete Saw( s elf propelled), Fireman, Form Tamppr, Hydralic PumpCJacki ng system), Li 9htP I ants , Mulching Machine, 0 i I e r- Parapet COhCPete Or Pavement Grihder, Power BroomeC-towed), Fower Heatermah, Rev i h i US Widener, She I I Winder, Steam Cleaner, Tractor. --- ---- --- ----- ---- ---------- - --- -- - WAGESCpet, hour) 4/10/85- 4/01 /86- 4/01 /87- 3/31/86 3/31/67 3/31/88 Heavy/Highway: Master Mechanic. . . . 18. 13 18. 89 19, 70 CLASS A. . . . . . . 17, 12 1.7. 83 is. 59 CLASS B. . . . . . . is. 55 17, 23 17. 96 CLASS C, , 14. 94 is. S4 16. is CLASS 0. . . . . . . . . . . 13. 52 14. 05 14. 62 OVERTIME PAY: See C 8, E, 0 ) On OVERTIME PAGE attached. PAID HOLIDAY: Sop C 5, 6 ) on HOLIDAY PACE attached. ALLOWABLE RATIOr APprehtiCeCS ) to Journeymen C 1 - I ) C 1 - 6 APPRENTICES: ( 1000 ) hours terms at the following percentage Of JOUKhQyMah ' S wage. 1ST. 2ND. 3RD. ItTH. Gov, of 651A of 70Y of 75Y of C i a S S D Class C C i a s 5 13 Class A SUPPLEMENTAL BENEFITS: Cper hour Worked) Heal th/Welfare. . . . . . . . 1. so 2. 00 2. 20 Local PQhSiOh Fund. , 1. 75 1. 90 2. 05 Central POhSiOh Fund. . . 30 30 . 30 Apprentice TrBihihg. , . is 16 . 15 Listed supplements apply to ALL classifications C x )Yes C )No. 1-106I, PREVAILING RATE SCHEDULE C )See NOTICE PAGE ATTACHED State of Now York Case Number Bureau of Department of Labor Public Work 8S04923 38 - 7/01/85 - 6/30/86 OUTCHESS COUNTY Page 13 Operating EhqihQGt- ( (:Oht. ) In the Remainder of the County. Building: GROUP VII : Concrete-Portable Hoist, Crane & Hoist Engineer-SteeICCohcrete, Material , super Structure Sub-Structure), Derrick (Stone-Steel ), Elevator & C&qe, HoIst-Single, double, ot- triple drum, Hoist-Portable mobile Unit, Hoist EnSiheer—Cohcrete(Crahe- D e t,r 1 Ck -Mine hoist), Hoist Engineer-Material , Overhead Crane, Power, House Plant, T e I e p h I as CCabloway), Whivly, Maintenance Engineer, Lull Hi -Lift or Siml lar, Hydraulic Crane 25 Ton and Over, Cherry Picket- RS Ton and over GROUP I A: Backhoe Oliver 88, Fordsoh, DYhahoo, dual purpose and similar machines, Barber Green Loader-Euclid Loader or similar type, Conway Or similar Mucking Machines, Dragtihe, Gi-adal [ , Shovel , Backhoe, etc. ( Crawler or Truck ), Front End Loaders– Hydraulic Boom, Jersey Spreader, Lptovrneau or Tournapul' l [Scrapers over 20 yards struck), Mucking machines , Pavement BpeskerCAi rRam), Paver(Concrete), Road Boring Machine, Road Mix Machines , Ross Carrier and Similar machihes, Post Hole Digger, ShoVel (TuhhelS ), Side Boom, Spreader, CAsphalt), Scoopmobile-Tractor,-Shovel over 1 1/2 yards, Trenching Machines, Vermeer COhCPQtG Saw Trencher, and similar, Tractor type demollitioh Equipment, Winch Truck (A Frame) , Hydraulic Crane over 10 ton up to 2S ton, Cherry Picker over 10 ton UP to 25 *On GROUP I Ba COMPressor( Steel Erection) Fu Ise Meter, Push Button (Buss Box) Elevator. GROUP 11 Al Compactor Self-propelled, Grader, Bulldozer D7 and similar, Tractors with a draw bar horsepower, of 100 or over, Bulldozer DG, Mechanics I COutsidpl a I I types, Weider, Scrapers - 20 yards struck and under, Shop Foreman, Machine pulling Sheep ' s Foot Rollep, vibratory Rollers, efc— Roller 4 ton and over. GROUP 111 A! Asphalt Plant, Soiler(High Pressure), COhCrQtQ Mixing Plants, Concrete Pump, FireMSh, Fot-kli f t, Fork I i ft (Electric) Joy Dri I I or similar Tractor drilling machihe, Loader-1 112 yards and under, Locomotive(Al I S i ze s), Mixer Concrete-21!Zand over,, Portable Asphalt Plant, Portable Batch Plant, Portable Crusher, Quarry Master, StOheCVUShGP, We I I Or i I Iihg machine, Well Point System, Cherry Picket, under 10 ton, Hydraulic Crane Under 10 ton. GROUP Ill B: Compressor over 125 cu. feet, Conveyor Belt Machine Regardless of size, L i ghtirig Unit ( Pot-table & Generator), Welding MachiheCsteel erection and excavation), Compressor P I ant. GROUP IV A: Ajr Tractor Drill , Batch Plant, Bending Machine, Concrete Breaker, Concrete Spreader, Curb Cotter Machine, Farm T r a c i o P C a I I types), F 1 hishifis Machine- Cohcrete, Materla I Hopper-sand stone-cement, Mixer-Concrete-under 21 E, Mulching Grass Spreader, Pump-GYPsUm etc. , Pump-Plaster, Roller under, 4 Ton, Shop Mechanic Choi employed on job si te), Spreading and Fine Grading Machine, Steel Cutting Machine, SVPhOhe Pump-air-steam, Tat- Joint Machine, Turbo Jet Burner or similar equipment, VibratorCl toS) , Fihe Grading M@Chlhe, Roof Hoist (Tugger Hoist), CROUP IV 0: Compressor to 125 feet, Dust Collector, Heaterall types , Pump, PUMP Station (Water and sewer), Steam Jehhey, Sweeper. GROUP V A: Concretv Saw, 01 1 er Fuel Truck, Oiler Grease Truck. GROUP V 8: Mechanics Helper, Oi I e r, Stockroom Attendant, Paint Cori%pressor, Welder ' s Helper, M o t c r i z e d: Rol lar C wa I k behind). GROUP VI ArMaster MeChS hi C, AS S i S ts h t M&StPl- Mechanic, He I I copter Hol st Operator, Welder Ce ri i f i ad, Engine Pile Driver, Helicopter Pilot, He I icoptet- Si ghPIMBh, EhqihPP1`, All Tower Cranes , all climbing cranes and a I I cranes of 100 ton capacity of greater 03940 Mahitowac or s ! mi I a r) irrespective Of MahUfBCtUrP and I-egst-ciles s how the same is rigged Cexcept for pile rigs ) , GROUP VI B: Util I t V Ma h W@F-ehOUSQ Man, SQCOhd Engineer, Diler( Asphalt Paver), Cable Splicer. WAGESCper hour) 3/I5/85- 3/15/86- 3/15/87- 3/14/86 3/14/87 3/14/88 Sui Idi ng; CROUP a V 11. 20. 43 20. 99 21. 72 GROUP a 1 A. . . . . . . . . 20. 43 20. 99 21. 72 GROUP # I B. . . . . , is. 36 18, 92 Is. Ss GROUP it 11 A. . . . . . . . is. S2 20. 08 20. 81 GROUP it 111 A. . . . . . . Is. 62 is. 18 is. 91 GROUP a Ill B. . . . . . . 17. 30 17, BE 18. 59 GROUP it IV A. . . , 18. 34 is. 90 is. 63 GROUP a IV S. . . . . . . 17. 16 17. 72 18. 45 GROUP tr V A. 17. 34 17. 90 is, 63 GROUP it V B. l6. 02 16, SS 17. 31 GROUP it VI A. . . . . . 21. 84 22, 36 23, 09 CROUP it VI B. . . . . . . . 15, 04 is. Go 16. 33 OVERTIME PAY: See C 0, U ) on OVERTIME FACE attached. PAID HOLIDAY: See C S, 6, 7, B, 11, 12 ) On HOLIDAY PAGE attached, ALLOWABLE RATIO: ApPrehilCe( S ) to JOU?-hGYMGh SUPPLEMENTAL BENEFITS: ( per hour worked) Health/Welfare. . . . . . . . 7 Y 8 Y. 13 Y. Local Pens i on. . . . . . . . . 10 Y, 10 % 10 fSUPP. Uh0mPI . 6PhQfit— . 1. 20 1 20 1. 20 APPI-Ohticp T v,a i h i n 9. . , 2 1/4/ 2 1/4'/ 2 1/4% A h h U i t Y. . . . . . . . . . . . . . 45 . so 1. 3S Listed supplements apply to ALL CIRSSifiCa+ iOhS C x )Yes C )NO. 8-137b --- -- -- - - -- -- ---- - ----- -- - ---- PREVAILING RATE SCHEDULE C Nk ]See NOTICE PAGE ATTACHED Stat* of New York Casa Number Bureau of f Department of Labor Public Work I SE04923 II 36 - 7101185 - 6/30/85 OUTCHESS COUNTY Page 14 Heavy and Highway; GROUP 1 At Auger, Auto Grader, Dynahoe and Dual purpose and similar machines, BarbarGroeh Loader-Euclid Loader or similar type machine, Central Mix Plant Operator, CherryPicker(Cableway)-Hydraulic, Compactor, with Blade, Concrete Portable Hoist. C. M. 2. or, S1mIIar, Conway or Similar mucking mechIhes, CraheCCrow Ior or truck]dragline, Grade II , Shovel Bsckhoe, etc. Grader, Derrick (Stone-Steel ) Elevator & Cage, Front End Loaders over 1 1/2yds, Hoist Single, Double, Trip'le OruM, hoist Portable Mobil* Unit, Hoist Engineer-Concrete (Crane-Derrick-Mine Hoist), Hoist Engineer-Material , Hydraulic Boom, Letourhaau or TourhapullCScrapers over, 20ydz struck), Mucking Machines, Overhead Crane, Pav*n( concrete) Pulsemeter, Push Buttoh(Buss Box)Elevato ,, Road Mix Machines, Ross Carrier and similar, Shove I &(Tunnals ), SldeBoom, SpreadarCasphal't), Scoopmoblla-Tractor-Shovel over 1 1/2 yards, Trenching Machines, Telephlas-Vermeer Concrete Saw Trencher and/or, Similar, Tractor type demolition equipmeht, Whirly. GROUP 11-A: Compactor Self PropeIIad, BUIIdozor 0-6 and over-similar Tractors, Mechanic(outside) all types- Shop Mechanics, Welder, Scrapers-20 yds truck and under, i Shop Foreman, Vibrator Roller, etc— Roller 4 ton and .over, GROUP 111-A: Air Tractor Drill . Asphalt Plant, Batch Plant, Soiler(High Prassure), Concrete Breaker, Concrete Pump, Concrete Spreader, Curb Cutter Machine, Farm Trvc+orCAll Types), Finishing Machine(Cohcrete]Fine Grading machine, Flr'emah, Forklift, ForkliftCElectric) Joy Drill or similar Tractor Drilling Machine, Loader 1 1/2yards and under, Locom'otive(All Sizes ], Maihtenahce Ehgiheer, Machine PullingSheep' s Foot Roller, Material Hopper, Mixer Goncrete-21E and over, Mulching Grass Spreader, Portable Plant, Portable Batch Plant, Portable Crusher, PowerhousePlaht, auarry Master, Roller under 4ton, Spreading and Fine Grading Mach Ihe, Stag l Cutting Machine, Stone Crusher, Sweeper, Turbo JetBvrner or Si mlIor, WeIIDriIIIhq Mach! he, WIhchThuck "A" Frame GROUP 1V-A: Concrete Saw, OilerCFueI Truck), OilerCGrease ?ruck), GROUP IV-B: Compressor-Compressor Plant-PalhtCompressor-Steel Erection, Conveyor I Belt Machine, Lighting Uhit(Portable & Generator), Dilor, Pumps-Pump Station-Water- Sewer-Gypsum-Piaster, etc. , Rol ler-MotorIzed(WaIk Behind), WeIding MacKiheCSteel Erection Excavation), Weli Point System, Wei der' s Helper, Mechanic's Help*r, Bending Maehihe, Dust Collection, Mixer Concrete under 21-E, Heater, all types, Steam Jenny, Stock Room Attendant, Syphone Pump-Air-Steam, Tar Joint Machine, Vibr,atorCl to 5) GROUP V-A: Master Mechanic, Asst. Master Mechanic, Helicopter Hoist Operator, Ehginaer--all Tower Cranes, all climbing cranes, and all cranes of 100 ton capacity or greeterC3900 Mani towac or, sI miIar) irrespective of manufacturer and regardless of how the same Is rigged(except for, pile rigs). , Hoist Eng. -Steel -SVb- Structure Engineer-Pile Driver, WeIderCCertified), HeIicopterCPiIOt, Sishe Iman), Jersey Spreader, Pavement breaker(Air Ram), Post Hole Digger. GROUP V-B: Second Eng. 60 Ton Crane and over, Oiler, Asphalt Paverm Utility Man. WAGES(per hour) 4/16/85- 4/15/86 Heavy/Hi way: Class a 1 A. 19. 75 C l a s s a 11 A. . is. 95 Class a 111 A. . . . . . 18. 83 Class a 1V A. . . . . . . . 17. 70 Class a 1V B. . . . . . . . . 15. 13 Class a V A Master and Asst. Master Mechanic. . 20. 95 Engi heer(C:rahe5 , etc3 23. 20 Hoist( steel -sub struct.) 19. 95 Engineer-(Pile Driver) 19. 95 ! Jersey Spreader, Post Hole Digger and Pave. Breaker(Ai r Ram) 18. 79 Weider [Certified] 19. 33 HeIiocopter ,. PI i ot. . . . . . . 23. 45 Hoi st Oper. . . . . . . 20. 20 " Si She IM8h. . . . . . . . 17. 70 Cl ass a V 13 2nd Eng. C60 ton & up] 15. 13 Oiler, AsphaIt Paver, Utility Man. . . , . 14. 30 - - - OVERTIME PAY; See ( B, E, U ) on OVERTIME PAGE attached. PAID HOLIDAY: See C 5, 6. 7, 8, 11, 12 ] on HOLIDAY PAGE attached. ALLOWABLE RATIO: ApprenticaCs ) to Journeymen C ) C ) C )• SUPPLEMENTAL BENEFITS, Cper hour worked) Health/Welfare. . . . . . . i 6 Y, ( i Pehsion. . . . . . . . . . . . . . . 9. 5 Y, Supp I . Uhemp I oy. Benef i t 1. 20 Apprentice Training. . 2. 25 Y Listed supplements apply to ALL classificatichs ( x )Yes C )No. 8-137h PREVAILING RATE SCHEDULE C ak ]See NOTICE PACE ATTACHED State of New York Case Number Bureau of department of Labor Public Work 8504923 3B 7701785 6/30/as DUTCHE�SS COUNTY Page 15 LINEMAN WAGES(per hour) 5/06/85- 5/06/86- S/05/86 5/04/87 LlhQMah/TeChhiCiah/Cr8r)e 20. 513 Digging Mach. /Dyh6MI to. is, 52 Chief Mech. /T pact, Tr I r. 17. 49 Mob i le Equip, Ope r. /Truck D r. / Mech. 1st Class . . . . . 16. 46 G r oundma h 3rd Y r. . . . 15. 44 2 hal Y r, . . . . . 12, 35 1st Y r. 26 26 Above rates appli C a b I e on all overhead Transmission Ii he work where other Construction trades are or have been involved. ------ - - ------- --- ------ - C r a n Q Op. /Co r-t. We I d e 19. 67 Lih9M8h/Tech, /Splicer. , 16. 73 Di 0 9 i hg MS C h, /0 Y h a M i f e. 1G. 86 Chi of Mech. /Trctr. T r I r. is. 92 Mobile Eq v i p. 0 P e h. /T r u c k 0 r. / Mech. 1st Class - - 14. 98 Grouhdman 3rd Y i . . . . . . . 14. 05 2nd Yr. . . 11. 1st V r. : : 8. 43 FI a g m a h. . . . . . . . . . . . . . . . 8. 43 Above rates apply on Sub-Stations, Switching Structures , Pipe Type Cable installations, Maihtanehce Projects, Railroad Cantenary install /mount shcl BOrdih9 Of Rails. - - - - - Lineman / Technician. . . $ 17,75____ __ ___ _ ____ 7,-75----- -- --- - ---- --- -- Digging Mach. /Dyhamite. 1519B Chief Mech. /T r c t r. T r I r. is. 09 Mobile Equip. Oper. /Truck Dr. / Mech. 1st Class. . . . . 14. 20 Grouhdman 3rd Y i . . . . . . . 13. 31 2hd Y r,, . . . . . . 10. G S 1st Y�.. . . . . . . 7, 99 F 1 8 9 M R h . . . . . . . . 7. 99 Above rates appi i cabl e On ti-a h S M i S Son I i he, overhead and underground di StPi bUti On WCrk where NO other Construction Trades are or have been involved, ----------- ----- --- ------ craheop/Cert. Weider. . . 15� 75 is. 91 LihGMah/Tech. /Splicer. . 15. 00 15, 2s Digging Mach. /Dynamite. 13. 50 13. 73 Chief MQch, /Trctor Trier 12. 7S 12. 96 Mobile Equip. Oper, /Truck Dr . / Mechanic Ist Class . . . 12. 00 12. 20 Grovndman 3rd Yr. . , . 11. 2S 1 1 It 4 2nd Y P . . . . . S. 00 9 is 1 s t Y r. , . . G. 75 G, 86 Flagman. . . . . . . . . . . . . . . 6, 75 G. 86 Above rates applicable On ALL Lighting and Traffic Signal Systems. - --- - - - - -- ---- ----- - -- OVERTIME PAY: See (13, E, 0) On-OVERTIME PAGE attached. PAID HOLIDAYS: S'ee 45, 6, 8, 10, 13) on HOLIDAY PACE attached. ALLOWABLE RATIO: ApprentjceCs ) to JOUrhPYM0h C - ) ( - ) ( - 3 The fallowing, APPRENTICE Rates and the following SUPPLEMENTAL BENEFITS apply to all: Cl8SSjfiCatiOhS catagot-iPs of CONSTRUCTION, TRANSMISSION and DISTRIBUTION, APPRENTICES: C 1/2 ) YPRP terms at the following Percentage Of JOUrngymah ' S Wage. IST 2ND. 3RD. 4TH, STH. 6TH. 7TH 6 0 1A 65! 70'/ 7-9 Y 80:+ -8 sr✓ 901/1 FOR CONSTRUCTION, TRANSMISSION and DISTRIBUTION. SUPPLEMENTAL BENEFITS: per Hour Worked. Health/welfare. . . . . . $ 3. 00 Pens i Oh. . . . . . . . . . . . 1. S0+3X E d u c a t i 0 h F u h d. . . . . . . . Z. s % Appreh+ice Trawhihg. . . 3/4 X FOR LIGHTING AND TRAFFIC SIGNALS. SUPPLEMENTAL BENEFITS: per Hour Worked. Health/welfa ve. . . . . . . . $ 2. 3S 2. 50 Pens i on. . . . . . . . . . . 75+3% 1. 00+31A Education Fund. . . . . . . . 3/4 'A 3/4 Y. ApprehtiCQ Training- 1. 5 '/. 1. S V, NOTE! Every employee WOPki hg in & heliCOPiOr crew Will receive 1. 00 above their regular rate of pay, 6-1249a PREVAILING RATE SCHEDULE C )See NOTICE PAGE ATTACHED State of New York Case Number Bureau of Departmeht of Labor Public Work 8804923 3B 7/01185 6/30/"E5 DUTCHESS COUNTY Page 16 MARINE CONSTRUCTION WAGESCper hour) 10/01/84- 9/30/85 Hydraulic Dredge: LeVef-Mah I5. 72 Ehgineer, 1S. SG M9iht. Ehgineer 15. 34 Dert-i Ck Opel-. is, S5 Chief Mate oh Dredge 15. 34 Mate 14, 38 DeckHand 12. 82 0 1 1 e r 13. 2B Fi reman 13. 2.8 Shoremar, 12. 82 Boat Captaih 14. 48 - - ----------- ------- --- - - Tug Boats; Tug Master 15. 12 Tug CaPtNih 14, 48 Tug Chief Ehgih001- 14. 74 Tug Englheet- 14, 48 Tug Deckh3hd 12, 97 -- ---- -- ----- - ---- ------- Dipper and Clamshell Dredges; Operator is. 99 C r a h e ma h 15. 56 Engineer 15. 87 Mai ht. Ehgi neer 15. 34 Mate 14. 38 Deckhand 12. 97 Oiler 13. 2.6 Boat Master 15. 12 Boat Cap-Eaih 14, 48 -- ------ - - - - ------ ----- -- OVERTIME PAYT See ( 8, E, P, S ) Ch OVERTIME PAGE attached. PAID HOLIDAY: See C S, G, 10, 15 3 Oh HOLIDAY PAGE attached. ALLOWABLE RATIO: ApprehticeCs ) to JOUP-h@YMPh ( - ) ( - ) ( - The following, SUPPEMENTAL BENEFITS apply to all to ALL classificatiohs of the above HYDRAULIC, DIPPER, CLAMSHELL DREDGES and TUG BOATS. SUPPLEMENTAL BENEFITS: Cper hour worked. ) Flea lth/We I fare. . . . 1, 43 Pehs i ot). . . . . . . . . . . . . . . . 80 Vacation. . . . . . . . . . . . . 7 Y. WAGES(per hour) 10/01/84- 9/30/8S D r i I I Boat: Ehqiheer 17. 07 Blaster 17. 20 Driller-Weldet-/Mechahic 17. 03 Firemah 16. 48 0 1 ler 16. 20 Helpet- 15. 20 OVERTIME PAYa See C B, E, P, S ) or OVERTIME PAGE attached. PAID HOLIDAY: 5QQ C S, 6, 10, IS ) or HOLIDAY PAGE attached. ALLOWABLE RATIO: Appl,-QhtiCVCS ) to JOVVhPyMeh C C C SUPPLEMENTAL EffNEFITS: C r e r hour wot,k0d He a I t h/W e I fare. . . . . . . . 1. It 3 Pet)s i on. . . . . . . . . . . . . . . 80 Vacation. one day for 20 days worked Listed supplements, appty to ALL classifications C x )Yes )No. 4-2S/3 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES STATE OF MEN YORK DEPARTHENT OF LABOR BUREAU OF PUBLIC NORMO STATE OFFICE BUILDING CAMPUS ALBANY, N, V. 12240 8/02/85 TWO or MORE WILFULL DETERMINATIONS page INELIGIBLE TO 810 ON OR BE AWARDED ANY PUBLIC WORK LIST OF EMPLDVERS if withil) any six year period two fine,! 1 Y violated Under Art, CIO B of the Labor Law, finding that they have Wilful Uhd t) employer they are 1he I i Si b IQ to sUbmi t 11 re rendered against 8 that WO:r k contract , are v are debarred, t I s' determinations l, a w, th y On any public the prava i I i hq wage participatefor a period Of five year's i d on, be awarded, Or 61 5 a contractor body corporatioh, or Public bo� rs who have been do let by t h e State, any PUhl ' S a I i st of the employe from the dated of debat-meht. BelOw i Date Fi scS I Barred Number Date of Last Officer until CONTRACTOR of of 1st Wilfull De+erm' s Wilfull A & S PS 1 h+� Corp. C 2 7125/82 7/29/82 NYC 7/29/87 24-1,9 35th St. Astoria A. N. C. Heating and A(ll-6 Co)hdit! 1 12 a/B SOhihg Inc- 1/28/85 DOL 104 North Duane Ave, , EhdicOtt NYC 10/17/88 10/17/63 10/17/83 Sayridge Paint. Co. C 2 3 5/6/83 NYC 5/6/88 5 8 i a c Cont. ( 6 3 5/6/133 116-OS JSth Ave— C011ege Point 6/21/82 NYC 6/21/87 B. L, S. paint/Dec LTD C 2 3 6121/82 780 St, MSj_k ' s. Ave. Brooklyn 6/21/82 NYC 6/21/87 Bay inhs Gen. Cant. ( 3 6/21/82 1020 Trinity Ave. Bronx /83 8119/53 NYC 8/19/86 DEMO paint. Con' C 3 NYC 11/25/89 Expert Elec, lhc- C 6 18-71 41+11 St- , AStor' a 11/2/84 DOL 11/2/89 Garden State BrkFpce( 2 3 11/2/84 843 St. George Ave. , Roselle N. J. a/g/63 NYC 8/9/88 Homecrest Elec. ( 2 3 8/9/83 2.166 E. 7+h St— Brooklyn 3/19/84 3/19/84 NYC 3/19/89 Iraklis Paint. ( 7 ) 2220 77th St. , Jackson Heights 7113/82. NYC 7/13/87 KocO Elec Inc C S 3 7/13/82 1124 E. 179th St. Bronx NYC 11/3/88 Metra Paint/Decor. C B31 Throggs Neck Blvd. Bronx 11/2/84 DOL 11/2/89 AvO. Mid-Slate Eiec' C 2 3 1914 Dwyer Ut ' ca NYC 4/I5/87 4115/82 4IS82 Minos PS I ht/De cot, 5 / / 5121 a 2 NYC 5/21/87 Moss Elec/Aircond 13 5/21/132 5/27/82 NYC 8/27/89 P & B paint/Decor. C 3 20 Sighs Rd— Staten Island 6/19/90 Paul M, Mallon 2 3 G/3/8S 6/19/85 DOL Co. , Inc. 8/6/84 6/15/81t NYC 8/6/89 R. C. B. Const. Carp. C 22 3 11/2/84 11/2/84 NYC 11/2/89 Reliant Elect. COrP 2 SOZZ 18th Ave— Brooklyn 11/22/82 NYC 11/22/87 Shinatri PB ! "' Cor" E 11/22182 7507 592nd St. , Jscksoh Heights - -- ------ ---------- - -- - --- Continued STATE OF NEW YORK DEPARTNENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 TWO or MORE WILFULL DETERMINATIONS 13/02/85 Page 2 Contihued --------- ----------- ---- -- Tocs Electrical C 2 3 I2/13/84 12/13/84 NYC 12/13/89 10-29 CllhtO?)Vill0 St- ' WhjtQSf0he Tower Pai ht Corp. ( 6 ) 3/23/83 3/23/83 NYC 3/23/88 1365 63rd St— DrooklYIN J. Tuzzolo & Co. ( 4 3 NYC-DOL S/4/90 136 Elton St' ' BrOOklVh Warshaw Const. c 22 ) 8/6/84 8/6/84 NYC a/s/as Weldoh-JOINSIS PSiht. C S ) 4/27/83 4/27/83 NYC 4/27/88 5602 Avehue H, Brooklyn J & L Weissman Co, C 2 3 7/16/82 7/16/82 NYC 7/16/87 868 E. 141 St. BrOhx Y-Not-Me Const. c 2 3 5/9/84 5/9/84 NYC 5/9/84 3349 Seymour Ave. , Brohx E><;>er+ Electric had 5 willfull determinations rendered against them On 2/4/83 and I additiohal Oh 11/29/84 ** Tuzzolo had 2 willful I determi hat i ohs rehdered aga i: hs+ them Oh 1/3c/B4, 1 additional Oh StIO/84 and 1 additiohal oh 5/4/85. *** Metro had 6 willfulll delcerm i hat i OhS Pehdered aga i hst them Oh 9/13/82 and Z additional oh 11/3/83. Reviewed and Approved: NYS Dept of Labor, Counsel Date; 7/25/65 docm: debarred PROPOSAL FOR TOWN OF WAPPINGER CONTRACT NO, 85-06 PHASE VI STREAM CLEANING AND STORM DRAINAGE IMPROVEMENT SECTION E BONDS PREPARED BY MORRIS & ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE, POUGHKEEPSIE, NY 12601 i BID BONA KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned * as Principal; and ** as Surety, are hereby e held and firmly bound unto the Town Board, Town of Wappinger, New York in the penal sum of: $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of 14 The conditions. of the above obligation is such that whereas the Principal has submitted to the Town Board, a certain bid attached hereto and hereby made a past thereof, to enter into a contract in writing for Phase VI, Stream Cleaning and Storm Drainage Program, Contract No. 85-06. NOW THEREFORE, (a) If said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of an Agreement attached hereto i (properly completed in accordance with said Bid) and shall in all respects perform the agreement created by the acceptance of said Bid, i Then this obligation shall be void, otherwise the same shall remain in farce and effect, it being expressly understood and agreed that the liability of the I Surety for any and all claims hereunder shall, in no event, exceed the penal sum of this obligation as herein stated. The Surety, for value received hereby stipulates and agrees that the obligations r of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Principal may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are Corporations have caused their Corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set. forth above. (SEAL) L.S. PRINCIPAL *Insert Bidder's Name L.S. **Insert Surety's Name By I : -2- Signed, sealed and delivered in the presence of (L.S.) (Corporate seal of Contractor if a corporation) (L.S.) (L.S.) (L.S.) Contractor By (L.S.) Surety By (Title of Officer) (Corporate seal of Surety) Attest (Title of Officer) -3- (Acknowledgment by Contractor if an individual) STATE OF ) ss. -. COUNTY OF ) On this day of 19 before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument, and he duly acknowledged that he executed the same. Notary Public, County No. Term Expires (Acknowledgment by Contractor if a partnership) STATE OF ) ss. . COUNTY OF On this day of , 19 before me personally came to me. known and known to me to be a member of the firm described in and which executed the foregoing bond or obligation, and he acknowledged to me that he subscribed the name of said firm thereto on behalf of said firm for the purpose therein mentioned. Notary Public, County No.. Term Expires _5_ (Acknowledgment by Contractor if a corporation) STATE OF ) ss. . COUNTY OF ) On this day of 19 before me personally came to me known, who, being by me duly sworn, did depose and say for himself, that he resides in that he is the of the the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal ; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public, County No. Term Expires PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That (Contractor) (Address) as Principal, hereinafter called Contractor and r (Surety) (Address) as Surety, hereinafter called Surety, are held and firmly bound unto the Town Board, Town of Wappinger, New York, as obligee, hereinafter called Owner, in the penal sum of Dollars ($ for the payment whereof Contractor and Surety hind themselves, their heirs, executors, administrators, successors, and assigns, ,jointly and severally, firmly by these presents. WHEREAS, CONTRACTOR has by written agreement dated 19 entered into a contract with Owner for Phase VI, Stream Cleaning and Storm Drainage Program, Contract No. 85-06 in accordance with the Drawings and Specifications issued by the Owner 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 Contractor shall well., truly and faithfully perform his duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year ,guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be nu'l'l and void; otherwise to remain in full force and effect. -2- Whenever Contractor shall be, and declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety shall promptly remedy the default by: (1) completing the Contract in accordance with its terms and conditions, or (2) obtain a bid, or bids, for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of 'the lowest responsible bidder, arrange for contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph shall mean the total amount payable by Owner to Contractor, under the Contract and any § amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person, Corporation or entity other than the Town of Wappinger. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of 19 Principal By NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership all partners should execute the Bond. Surety Companies executing Bonds must be authorized to do business in New York State and be approved by the Owner's attorney. *Please type i -3- (Acknowledgment by Contractor if an individual) STATE OF ) COUNTY OF ) On this day of 19 before me personally Came to me known and known to me to be the person described in and who executed the foregoing instrument, and he duly acknowledged that he executed the same. Notary Public, County No. Term Expires i . 1 . 1 i . -4- (Acknowledgment by Contractor 1 if a partnership) STATE OF } ss. . COUNTY OF ) On this day of 19 before me personally came to me known and known to me to be a member of 1 the firm described in and which executed the foregoing bond or obligation, and he acknowledged to me that he subscribed the name of said firm thereto on behalf of said firm for the purpose therein mentioned. f Notary Public, County No. Term Expires 3 1 i (Acknowledgment by Contractor if a corporation) STATE OF ) COUNTY OF ) On this day of 19 before me personally came to me o . s known, who, being by me duly sworn, did depose and say for himself, that he resides in that, he is the of the the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. • Notary Public, County No. Term Expires -6- (Acknowledgment by Surety Company) STATE OF } ss. . COUNTY OF ) On this day of 19 before me personally came to me known, who, being by me duly sworn, did depose and say for himself, that he 1 t ' resides in that he is the of the the Corporation described in and which executed the within instrument; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto by like order; and that the liabilities of said Company do not exceed its assets as ascertained in the manner provided by the laws of the State of New York, and the said further said that he is acquainted with and knows him to be the of said Company; that the signature of the said subscribed to the within instrument is in the genuine handwriting of the said and was subscribed thereto by like order of the Board of Directors, and in the presence of him, the said Notary Public, County No. Term Expires� PROPOSAL FOR TOWN OF WAPPINGER CONTRACT NO. 85-06 PHASE VI STREAM CLEANING AND STORM DRAINAGE PROGRAM SECTION F SPECIAL CONDITIONS PREPARED BY MORRIS & ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE POUGHKEEPSIE, NY 12601 PROPOSAL FOR TOWN OF WAPPINGER CONTRACT NO. 85-06 PHASE VI STREAM CLEANING AND STORM DRAINAGE PROGRAM SECTION F SPECIAL CONDITIONS PREPARED BY MORRIS & ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE POUGHKEEPSIE, NY 12601 SPECIAL CONDITIONS 1. STREAM CLEANING - DRAINAGE SWALE Contractor shall note that construction related to stream cleaning and construction of a drainage swale as called for on the Contract Plans and Drawings shall be included under PS 5.00, GRADING AND LANDSCAPING. All grading shall be carried out such that the completed stream conforms to the final grades and typical sections called for on the Contract Plans and Detail Drawings. Generally, landscaping only pertains to topsoil, seed and fertilize, thus only grading has been specified on the Bid Sheets. Contractor shall utilize appropriate sections of PS 5.00 to determine his bid. Measurement and payment shall be made as per appropriate sections of PS 5.00. Stream cleaning shall mean to remove all debris, soil, limbs, roots, vegetation, rock and related incidentals contained therein during grading to conform to typical stream sections and profiles called for on the Contract Plans and Drawings. Measurement and payment for topsoil, seed and fertilize shall be made as per PS 25.00 and as specified by payment limits on the Contract Plans and Drawings. Contractor shall also note the differences in the typical cross sections j' shown on the detail sheet. The channel running north and south shall be constructed with a five-foot bottom. The Edgehill channel shall be constructed with a two-foot bottom. The channel running east and west shall be constructed with a three-foot bottom. All channels shall be cut with one on three side slopes except where the depth of cut would cause the channel sides to be wider than the easement. These areas shall be constructed with one on two slopes as shown on the contract drawings. J 2. CLEARING AND GRUBBING Under this Contract, CLEARING AND GRUBBING, PS 10.00 shall be paid for in lump sum for items to be removed as per that specification and as called for on the Plans and Drawings related to this Contract. i The trees to be removed shall be determined by a site inspection with the Engineer and Contractor prior to any removal thereof. There are a number of trees, shrubs and brush to be removed by this Contract, as either shown 1 on the plans, determined to be in the way of construction, or as otherwise directed by the Engineer. The trees range in variety and size from saplings to 60 inches in diameter. The Contractor shall remove the wood j from the site, unless otherwise requested by the property owners, to leave said wood in a designated area on said properties. 3. REMOVAL ITEMS Contractor shall be responsible for completely removing all walk bridge, pipe, gardens, wood retaining wall and related appurtenances as called for on the Plans and Drawings related to this Contract. This shall include I 3. REMOVAL ITEMS (cont'd) complete removal of said items and backfilling of the trench with approved backfill material as per PS 11.00, TRENCH EXCAVATION AND BACKFILLING and- as approved by the Engineer. All material removed shall become "SPOIL" and shall be disposed of as per MS 11.00 included as part of these specifications. The walk bridge shall be kept intact, not damaged, and shall remain the property owner's property. The quantity to be paid for under this item shall be in lump sum for removal items as called for on the Contract Plans and Drawings and as so referenced by the Engineer. The price bid shall include all labor, supervision, equipment, machinery, tools, transportation, backfill and such other appurtenances necessary for { or related to completion of a workmanlike job, ready in. every respect for {. the Owner's use. ff 4. LINE AND GRADE 1 Line and grade as referenced under Article 22, Section D, General. i Conditions for Contract shall mean all reference line and grade such as baseline and bench mark elevations as required. The Contractor shall be responsible for furnishing his own line and grade to layout all work as called for on the Contract Plans and Drawings. 1 5. UNDERGROUND UTILITIES The Contractor is referenced to the following phone number to assist in locating, preserving, protecting and repairing underground utilities which may be encountered in the performance of work: UNDERGROUND UTILITIES CALL CENTER OF NEW YORK . 1-800-245-2828 1 6. TRAFFIC MAINTENANCE AND PROTECTION The roadways of the project site area shall be maintained in a passable condition during construction. It is the responsibility of the Contractor to allow for the safe passage of vehicles at all times during construction. No separate payment will be made for this item. 1 7. TRANSPLANTING Several decorative plantings and trees shall be transplanted to .allow site access or to be otherwise saved as directed by the Engineer. Payment shall be made ,for this item, under Section PS 10.00, CLEARING and GRUBBING. -2- 8. PROJECT SITE ACCESS Site access to the work shall be Chosen by the Contractor prior to commencement of the project, through the various properties as necessary. The access points shall be chosen, and presented in a list form, with several alternates to the Engineer. The access points shall then be discussed with each property owner prior to actual access to gain permission. The Contractor shall be responsible for all property damage, and the satisfactory repair of all yards prior to the project Completion. No separate payment will be made for this item. 9. LANDMARKS Also refer to Detailed Specification PS 11.00. The Contractor shall insure that all survey markers, bench marks, property line markers, and monuments are not disturbed during the work. However, if any markers are moved or - disturbed by construction, the Contractor shall be responsible for their being re-established by survey solely at the Contractor's expense. 1 i i -3-- I . PROPOSAL FOR TOWN OF WAPPINGER CONTRACT NO. 85-06 PHASE VI STREAM CLEANING AND STORM DRAINAGE IMPROVEMENT SECTION C DETAIL SPECIFICATIONS PREPARED BY MORRIS & ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE, POUGHKEEPSIE, NY 12601 DETAIL SPECIFICATIONS ALPHABETICAL INDEX MATERIAL SPECIFICATIONS ITEM MS NUMBER. BEDDING MATERIAL 62.00 BORROW 12.00 CORRUGATED STEEL PIPE 22.01-5 DRIVEWAYS 3.00 FERTILIZER 16.00 FOUNDATION MATERIAL 25.00 MULCH 31.00 RIP-RAP 60.00 ROCK 5.00 RUN-OF-BANK GRAVEL 49.00 SEEDS 15.00 SPOIL 11.00 TOPSOIL 4.00 TRENCHES 30-00 DETAIL SPECIFICATIONS MS 62.00 - BEDDING MATERIAL Bedding material, as defined under this classification shall mean granular material placed in a layer on the ground surface prior to placing stone filling or dry rip-rap, where required or called for on the Plans and Drawings relating to this Contract. Bedding material is placed to prevent underlying finer materials from passing into and through the stone filling or dry rip-rap. Bedding material shall be composed of crushed stone or gravel, which is clean. and of durable, uniform quality. Bedding material shall be free from soft, non-durable particles, organic material, and thin and elongated particles in excess of those approved by the Engineer. Bedding material shall meet the following gradation requirements: Sieve Designation Percent by We i�ht Passing 4 inch 100 1 inch 1.5 to 60 14 inch 0 to 25 No. 40 0 to 10 No slag is permitted for use as bedding material. Payment for this item will be for the actual number of cubic yards of material, in place, as referenced by the. Engineer. MS 62.00 MORRIS AND ANDROS Engineering Consultants DETAIL SPECIFICATIONS MS 12:00 - BORROW q Borrow as. classified herein is defined as material required for earthwork construction in excess of suitable material available from excavating or grading, Borrow may be necessary even though not shown on the plans. It shall be the responsibility of the Contractor, at his own expense, to supply borrow wherever and whenever required in the work;, unless payment for same, at a mutually agreed upon price, is authorized in writing by the Engineer and approved by the Owner. Payment for borrow, so obtained, will be for the actual number of cubic yards, in place, as referenced by the Engineer. All borrow, before being used in the work, must be approved by the Engineer. r i i MORRIS AND ANDROS MS 12.00-1 Engineering Consultants DETAIL SPECIFICATIONS NIS 22.01.5 - CORRUGATED STEEL PIPE General Corrugated steel pipe, as classified herein, shall mean circular, galvanized steel pipe which is fabricated from steel sheets, whose ends have been welded together and re-rolled into annular corrugations. Corrugated steel pipe is commonly referred to as "corrugated metal pipe" or "CMP". All corrugated steel. pipe shall have a minimum wall thickness conforming to the following table for nominal pipe diameters being specified: Nominal Pipe Diameter Minimum Wall Thickness (inches) (inches) 12-24 .064 27-48 .064 42-54 .074 54-66 .109 All corrugated steel pipe shall have diameters as called for on the Plans and Drawings relating to this Contract, and shall have two and two-thirds (2-2/3) inch by one-half (1I) inch corrugations. Annular or helical type corrugations are permitted and shall be consistent throughout the pipe length and shall be the same type for the entire duration of the Contract. All corrugated pipe shall be completely coated with bituminous material unless otherwise specified in writing by the Engineer. All pipe shall meet AASHTO requirements for H2O live loading. All corrugated steel pipe shall be as manufactured by Armco, feel-Cor, or equal. Each length of pipe shall be clearly marked or tagged with: 1. name of producer 2. project or contract number 3. diameter and type (or class) Joints Corrugated steel pipes shall be field joined with galvanized corrugated bands.. All coupling bands shall conform to New York State Department of Transportation (DOT) Specification 707-02 and shall conform to and be compatible with the pipe being specified above. End Sections Corrugated steel pipe end sections as classified herein shall mean flared end sections installed on pipe end(s) to reduce erosion and to improve hydraulic efficiencies of inlets and outlets. All pipe end sections shall be compatible with and conform to pipes specified above; with particular attention being paid to the size:, type of material and joints to the piping to which they are connected. MORRIS AND ANDROS MS 22.01.5 Engineering Consultants DETAIL SPECIFICATIONS IjE=Fy3 MS 3.00 - DRIVEWAYS .;.,,;.,. Driveways, as defined under this classification shall conform to all requirements of PS 21.00 DRIVEWAY INSTALLATION, included as part of these specifications. ..I i t l i' fi MORRIS AND ANDROS MS 3.00-1 Engineering Consultants DETAIL SPECIFICATIONS MS 16.00 - FERTILIZER 1 Fertilizer, as classified herein, shall mean standard quality commercial carriers of available plant food elements and shall conform to the specifications set forth below: The following mixed commercial fertilizers shall contain total nitrogen, available phosphoric acid and soluable potash in .the ratios stated: Type No. 1 - 1-2-1 Type No. 2 -- 1-1-1 The following fertilizers shall be as specified: Type No. 3 - 10-6-4 Type No. 4. Nitrate of soda, shall contain a minimum of 16% nitrogen. Type No. 5. Ammonium sulfate shall contain a minimum of 20.5% nitrogen. Type No. 6. Ammonium nitrate shall contain a minimum of 331 nitrogen, one-half of which is in the ammonium form and one-half of which is in the nitrate form. 9 Type No. 7. A nitrogen carrier containing a minimum of 45% nitrogen such as Urea or equivalent. ' Type No. 8. Bonemeal shall be commercial steamed bonemeal, finely ground with a minimum of 1.01 nitrogen and a minimum of 20% 'I phosphoric acid. Type No. 9. Superphosphate shall be an approximate 0-20-0 formulation with an acceptable minimum of eighteen percent (18%) available phosphoric acid. jType No. 10. Magnesium Ammonium Potassium Phosphate shall be a 7-40-6 coarse granular formulation with a minimum of twelve percent (12%) total. magnesium. Type No. 11. A controlled release fertilizer supplied in standardized packets designed to control the release of their contents over a period of time. The minimum guaranteed analysis shall be 16-8-16 with approximately one-half the nitrogen i in the ammonium form and one-half in the nitrate form. Three year packets shall contain a minimum of one ounce, 1 and eight year packets shall contain a minimum of four ounces of the above fertilizer, unless otherwise approved. Type No. 12. Shall be as specified on the plans. Fertilizers shall be packed in the manufacturer's standard containers weighing not over 100 pound each with the name of the material , net weight of contents and the manufacturer's name and guaranteed anal.vsis appearing on each container. MORRIS AND ANDROS MS 16.00-1 Engineering Consultants DETAIL SPECIFICATIONS MS 25.00 - FOUNDATION MATERIAL Foundation material as classified herein shall be a selected, graded gravel conforming to New York State Department of Transportation (DOT) Specification 304-2.02, Type 4. All materials shall be well graded from coarse to fine and free from organic or other deletorious materials. Gradation shall conform to the table below: Sieve Size Percent Passing 4 pesignation By Weight 1 i 9 2 inch 100 inch 30 - 65 J No. 40 5 - 40 No. 200 0 - 10 Not more than thirty percent (30%) , by weight, of the particles retained on a one-half inch (2,") sieve shall consist of flat or elongated particles. A flat or elongated particle is defined herein as one which has its greatest dimension more than three (3) times its least dimension. Payment for this item will be for the actual number of cubic yards of material, in place, as referenced by the Engineer. i Ii I i 1 1 MORRIS AND ANDROS MS 25.00-1 Engineering Consultants DETAIL SPECIFICATIONS I . MS 31.00 MULCH Mulch as defined under this classification shall mean a protective covering spread on the ground of new plantings to reduce evaporation and erosion, control weeds, or to improve the soil and plantings. Mulch may be composed of hay, straw, as approved by the Engineer. Types used shall conform to those shown on the Plans and Drawings relating to this Contract. Hai Hay shall be mowings of acceptable herbaceous growth which is free from t noxious weeds and other deleterious materials. Hay shall be sufficiently seasoned and shall have a moisture content not greater than fifteen (15) percent. Straw Straw shall be stalks of oats, wheat, rye or other such crops which are free from noxious weeds and other deleterious materials. Straw shall be sufficiently seasoned and shall have a moisture content not greater than fifteen (15) percent. i 1 . i I . MORRIS AND ANDROS MS 31.00-1 Engineering Consultants DETAIL SPECIFICATIONS MS 60.00 - RIP-RAP Rip-rap, as defined under this classification shall mean dry rip-rap constructed of stones, fitted and placed on streambanks, in channels or ditches or around pipe inlets or outlets in order to prevent erosion. All rip-rap used for bank and channel protection shall conform to New York State Department of Transportation (DOT) Specification 620. Stones , shall be hard, durable, clean stone. Dry rip-rap shall consist of stones shaped as nearly as practicable in the form of right rectangular prisms. At least fifty (50) percent, by weight, of the stones shall weigh in excess of two hundred (200) pounds each, and the 1z remainder of the stones shall weigh from one hundred (100) to two hundred (200) pounds each. One (1) dimension of eachof the stones furnished shall be at least equal to the thickness of the rip-rap as called for on the Contract Plans and Drawings. All dry rip-rap shall be approved by the Engineer, prior to use. Stones should generally have a uniform appearance. MORRIS AND ANDROS Engineering Consultants DETAIL SPECIFICATIONS MS 5.00 - ROCK bei sandstone, limestone ranite, Rock, as classified herein, is defined as ng s , , g quartzite, slate, hard shale, or similar material in masses more than twenty (20) cubic feet in volume, or in ledges four (4) inches or more in thickness, which requires blasting for its practical and effective removal. Should rock be encountered in two (2) or more ledges, each ledge being not less than three (3) I inches in thickness and with interlying strata of earth, or clay or gravel not more than twelve (12) inches thick in each stratum, the entire volume between the top of the ledge and the bottom ledge will be classified as rock. Shale is herein defined as a definitely stratified or laminated clay or sandy clay formation resulting from the solidification of clay, mud, or silt and which is sufficiently hard and dense to require blasting for its practical, efficient. and economical removal. Shale is herein referred to as rock. i 1 I i MORRIS AND ANDROS MS 5.00-1 Engineering Consultants DETAIL SPECIFICATIONS MS 49.00 - RUN-OF-BANK GRAVEL Run-of-bank8 as ravel it pertains to this specification, and as classified herein, shall mean a naturally occurring mixture of stones, and clayey and/or sandy soil particles, of varying sizes, which are generally the result of glacial deposition. Run-of-bank gravel may also be referred to as "R-0-B" or "bank run gravel," Run-of-bank gravel shall be a well integrated. mixture of somewhat spherically shaped and flattish type,. round edged stones of like nature, No stones shall exceed four (4) inches in its greatest dimension. Colors may vary depending on geographical locations. Run-of-bank gravel shall be free from overburden, refuse, debris, plant growth, woody vegetation, organic substances, loam or silt, and such other deleterious materials. All run-of-bank gravel shall be approved by the Engineer prior to its use. Payment for this item will be for the actual number of cubic yards of material, in place, as referenced by the Engineer. i i MORRIS AND ANDROS MS 49.00-1 Engineering Consultants DETAIL SPECIFICATIONS MS 15.00 -- SEEDS i Seeds as classifiedherein, shall mean the fertilized ovule of a plant from which reproductive process may develop. Quality. Each species, variety and strain of grasses, legumes and cereals shall be as specified on the plans unless otherwise approved. Material other than pure live seed shall comprise only nonviable seed, chaff, hulls, live seed of cop plants other than those specified, harmless inert matter and weed seeds except that weed seeds other than seeds of noxious weeds will be permitted up to 1% of the gross weight of each kind of seed. Legume seeds shall be accompanied by adequate amounts of their proper inoculants unless accompanied by certification of preinoculation. The percentage of purity as shown on the label will be acceptable. The percentage of germination as shown on the label shall not be less than the minimum percentage specified on the plans. Nomenclature. The common and scientific names of grasses, legumes and cereals t under this contract are in conformity with the appro-�,ed names by S.P.N. } { Weight of Pure Live Seed. The weight of pure lige seed in each lot of seed is computed by the labeled purity percent, times the labeled germination percent, times weight. (Example: 34 pounds of pure live seed of a particular grass is required. Stock available has 85% purity and 80% germination, which meets the minimum requirements in this example and equals 68.0% pure live seed, 34 divided i by 68% equals 50 pounds gross as being required to furnish the 34 pounds of pure j live seed) . Other material shall comprise the remaining 32%, between 687. of pure live seed and 100% in the example. Legume Inoculants. The inoculants for treating seeds of legumes shall be standard culture of nitrogen fixing bacteria not more than one year old. Each inoculant shall be the specific culture required by each legume. . It shall be supplied only from manufacturers licensed to sell legume inoculants in New York State. Each kind of seed shall be furnished and delivered, unless otherwise approved, in separate, sealed containers, or bags acceptably sewn tight or sealed. All seed and seed labels shall be in accordance with State and Federal Laws, Rules and Regulations as each is in effect on the date of invitation of bids. 1 MORRIS AND ANDROS MS 15.00-1 Engineering Consultants DETAIL SPECIFICATIONS MS 15.00 - SEEDS (Continued) The seeds shall meet the minimum specified requirements regardless of the guarantee of qualities or dates of testing and after the application of tolerances approved by the Department of Seed investigations, New. York State Agricultural Experiment Station, Geneva, New York. Seed which has become wet , moldy or otherwise damaged in transit or storage will not be acceptable. Seed, after delivery of the Contractor, shall be stored in such a manner as to protect it from damage or deterioration from any source. Provisional acceptance of seeds must be obtained before the seed is sown. Final acceptance may be subject 1 to the results of official sampling and testing. The Contractor shall furnish a the vendor with the specifications for the material. I ' 3 { I j MORRIS AND ANDROS MS 15.00-2 Engineering Consultants i DETAIL SPECIFICATIONS MS 11 .00 - SPOIL Spoil as classified herein is defined as any material, regardless of its source, which is unsuitable for use in the work. Spoil may consist of, but not be limited to, broken pieces of pavement, roots, branches, limbs, sod, spongy material, slop, ashes, cinders, slag, peat., .woody material, glass, rubbish, rock or any deleterious material declared to be spoil by the Engineer. All material designated as spoil shall become the property of the Contractor and shall be immediately removed from the project site and disposed of by the Contractor. The Contractor shall not at any time during the life of this Contract, dispose of spoil in a floodway, floodplain, freshwater wetland or any other watercourse. All spoil shall be disposed of at a location approved by the Engineer and the New York State Department of Environmental Conservation. i i J i . MORRIS AND ANDROS MS 11.00-1 Engineering Consultants DETAIL SPECIFICATIONS MS 4.00 - TOPSOIL Topsoil, as classified herein, shall be the surface layer of pliable soil similar in quality to productive agricultural soils commonly occuring in the vicinity of the project and shall be free from all refuse, any material toxic to plant growth, subsoil, woody vegetation, stumps, roots, brush, stones, clay lumps or similar objects larger than two inches in greatest dimension. Sod and herbaceous growth such as grass and weeds need not be removed but shall be thoroughly broken up and mixed with the soil during handling operations. Topsoil shall meet the following requirements unless otherwise specifically stated in the plans or proposal: 1. The pH of the material shall be between 5.5 and 7.6. f 2. The organic content shall be not less than 2% nor more than 20%. 1� 3. Gradation; Sieve Size Percent Passing by Weight 2 inch 100 1 inch 85 to 100 j inch 65 to 90 No. 200 mesh 20 to 80 The Contractor may amend natural topsoil with approved materials and by approved methods to meet the above specifications. j Topsoil may be acquired from approved sites that are designated on the plans or in the proposal. If no sites are designated on the plans or in the proposal, material proposed for use as topsoil may be obtained from an outside source which, must be approved by the Engineer. i 3 ' 1 3I MORRIS AND ANDROS MS 4.00W-1 Engineering Consultants DETAIL SPECIFICATIONS . MS 30.00 - TRENCHES Trenches as classified herein shall mean open trenches, ditches or pits which have been excavated for the purpose of providing for below-ground-surface installation of pipes, manholes, catch basins, pumping stations, valve boxes and such other appurtenances as may be required to facilitate collection and transportation of liquids relevant to such applications. All trench excavation shall conform to Specification PS 11.00. All rock (MS 5.00) found present in trenches shall be excavated as per Specification PS 12.00. _.f L : i I . MORRIS AND ANDROS MS 30.00-1 Engineering Consultants i DETAIL SPECIFICATIONS ALPHABETICAL INDEX PROCEDURAL SPECIFICATIONS ITEM PS NUMBER CLEARING AND GRUBBING 10.00 DRIVEWAY INSTALLATION 21.00 GRADING AND LANDSCAPING 5.00 I PIPE INSTALLATION 13.00 RIP-RAP INSTALLATION 33.00 ROCK EXCAVATION 12.00 I TOPSOIL. FERTILIZE, SEED 25.00 TRENCH EXCAVATION AND BACKFILLING 11.00 i i 1 I DETAIL SPECIFICATIONS PS 10.00 - CLEARING AND GRUBBING Clearing and grubbing as defined under this classification shall mean to cut, dredge, remove and dispose of all trees, limbs, stumps, brush, shrubs, roots, vegetation and all other objectionable material within the limits of work as so indicated on the Plans and Drawings relating to this Contract. All areas, trees, vegetation and other such items designated to remain, shall be protected from damage by all construction operations by errecting suitable barriers and protective devices. All items removed under this specification shall become the property of the Contractor and shall be immediately removed from the project site and disposed of by the Contractor at his own expense, unless otherwise directed by the Engineer. These items shall not be burned or buried in any fills or embank- ments at the work site. Measurement and Payment The quantity to be paid for under this item shall be the number of acres of clearing and grubbing completed, which conform to the Contract Plans, Drawing and Specifications. Measurements will be made linearly along the axis of finished work, and will be computed to the nearest one-tenth (1110) of an acre. Measurement and payment for clearing and grubbing in borrow I areas (MS 12.00) , shall not be included under this item. i is The price bid shall include furnishing and cost associated therein, of all labor, supervision, equipment, tools, machines, transportation, disposal requirements, protection, and all other services or materials, whether or not mentioned herein, incidental to or necessary for completion of a workmanlike job. j� E f a 3 7 1 MORRIS AND ANDROS PS 10.00-1 . Engineering Consultants DETAIL SPECIFICATIONS 1 PS 21.00 DRIVEWAY INSTALLATION A Driveway as classified herein shall mean any entrance or exit used by Ar vehicular traffic, to or from lands or buildings abutting on a highway. They are further classified as residential or commercial depending on the kind and volume of usage to which they may be subjected. Driveways shall be installed, repaired or reconstructed to the lines and grades as shown on the Plates and Drawings relating to this Contract and in conformance with this specification. A generally accepted description of each class is indicated below: j Residential . A driveway serving a private home or an apartment building containing no more than four family units. Commercial Adriveway serving a commercial establishment, industry, governmental or educational institution, private utility, hospital, church, apartment complex or any other comparable traffic. generator. Under this classification, a Major Commercial Driveway is defined as any commercial driveway when the actual or anticipated traffic volume on a typical day is, a) 100 or more vehicles entering or leaving during the highest hour of driveway activity, or z b) 50 or more vehicles entering or leaving during the 8th highest hour of driveway activity, and a Minor Commercial Driveway is defined as any commercial driveway where the actual or anticipated volumes on a typical day are less than the values stipulated for a Major Commercial Driveway. Material used in construction or .in repairs being made to correct damage caused by necessary construction work in the immediate area shall conform to the Plans and Drawings relating to this Contract and to this Specification unless otherwise order in writing by the Engineer. Residential and Commercial-Blacktop Paving material used in repairing or reconstructing the damaged portion of a driveway, the undamaged portion of which is "blacktop"; shall be a mix conforming to New York State Department of Transportation (DOT) Specification 403, for type 6, Hot Mix Asphalt Concrete Pavement. The subbase shall be run-of-bank gravel (ROB) compacted to 90% Standard Proctor Density or other suitable material which has been approved by the Engineer and compacted to the density indicated. Installation of these materials shall conform to PS 18.02. 1. 1 PAVEMENT INSTALLATION, HOT MIX ASPHALTIC CONCRETE. MORRIS AND ANDROS PS 21.00-1 Engineering Consultants DETAIL SPECIFICATIONS PS 21.00 - DRIVEWAY INSTALLATION (Continued) Residential and Comercial Concrete Paving material used in repairing or reconstructing the damaged portion of driveways, the undamaged portion of which is concrete, shall be a mix conforming to New York State Department of Transportation (DOT) Specification 501, for Class A, Portland Cement Concrete. The subbase shall be run-of-bank gravel (ROB), compacted to 90% Standard Proctor Density or other suitable material which has been approved by the Engineer and compacted to the density indicated. Installation of these materials shall conform to PS 18.01 PAVEMENT INSTALLATION, CONCRETE. In locations where driveway installation, including materials is subject to the provisions of a State, County, Town or Village code, provisions of that code shall prevail unless otherwise ordered in writing by the Engineer. MEASUREMENT AND PAYMENT No extra or additional payment shall be made the Contractor for this item. i w I 4 MORRIS AND ANDROS Engineering Consultants PS 21.00-2 DETAIL SPECIFICATIONS PS 5.00 - GRADING AND LANDSCAPING Grading All areas shown on the Plans and Drawings relating to the work to be carried out under this Contract shall be graded after other construction and backfilling is completed-. Care shall be taken to insure that newly constructed or existing facilities, structures, property and all items relating thereto are not damaged during grading operations. All earth supplied shall be clean and free from deleterious materials, and shall be of such nature as will form a firm and stable subgrade. All grading shall be to the lines and grades indicated on the Plans and drawings. Grading shall match existing grades as required, and good drainage practices observed. upon completion of the work, the Contractor + shall remove from the site all debris resulting from these operations and shall leave the entire site in a neat, clean and acceptable condition. All surplus material resulting from site excavation and grading operations shall be removed from the site and disposed of by the contractor. The Contractor shall employ the' most efficient methods to grade the areas specified. Archaic methods shall not be permitted. Prior to final grading all pits required for installation of shrubs, trees and other such plantings or transplantings shall be excavated in conformance with the following section. Planting Planting of shrubs and trees. shall conform to the Plans and Detail Drawings relating to _this Contract and to the provisions of the following specifications unless otherwise ordered by the Engineer. The diameter of pits intended to accept tree or shrub plantings shall be excavated to the dimensions shown below: 1) For all plants, up to and including a two (2) foot spread, pit diameter shall be equal to twice the root spread. I 2) For spreads greater than two (2) feet and up to and including four (4) feet, pit diameter shall be equal to root spread plus two (2) l feet. 3) For spreads greater than four (4) feet, pit diameter shall be one and one half (1j) times root spread. Topsoil shall be carefully stripped from the top of excavation and separately stockpiled. Pits shall be excavated to a depth approximately six (6) inches deeper than the intended depth at which the roots or ball will be installed. Before the shrub or tree is placed in the pit, six (6) inches of topsoil or other approved mixture shall be placed in the bottom of the pit and leveled but not compacted. The ball or root covering (generally burlap) shall remain on the ball until the plant is placed in the pit, at which time it shall be "peeled back" but not removed and spread evenly over the previously placed topsoil. MORRIS AND ANDROS PS 5.00-1 Engineering Consultants DETAIL SPECIFICATIONS PS 5.00 GRADING AND LANDSCAPING (Continued) Planting (Continued) Roots shall be carefully 'spread out" in the pit while the plant is being held in place and backfilling is carried out. Backfilling consisting of a mixture composed of one (1) part peat moss to three (3) parts of topsoil shall be installed in lifts not exceeding six (5) inches in depth with sufficient water being added at the same time and puddled to insure that all air has been displaced. This shall be brought to within approximately two (2) inches of the surface. Dry topsoil shall then be placed in sufficient quantities to produce a dry bed on which fertilizer can be placed. Fertilizer of the type and amounts recommended by the American Association for Nurserymen for the particular plants. Where grass is specified for final cover it shall be applied in conformance to PS 25.00. In all other cases the surface shall be mulched with hay or straw (MS 31 .00) , or other such materials as shown on the Detail Drawings or as otherwise ordered by the Engineer. Plants shall be thoroughly soaked with water at a rate not less than five (5) gallons per square yard of pit area. During normal conditions, watering shall take place one . (1) time per day, for one (1) week following planting. During dry conditions, plants shall be watered two (2) times per day for one (1) week following planting, or longer if so ordered by the Engineer. I Trees shall be anchored and protected as shown on the Detail Drawings relating to this Contract. Landscapin� After final grading has been completed, all areas shall be raked and leveled to provide a smooth surface with no ridges, depressions or mounds. No boulders, larges stones, slag, cinders and other objectional material resulting from grading operations shall exist prior to application of topsoil. Topsoil shall be applied in conformance with PS 25.00. Once the topsoil has been applied, all finished grades shall meet with the approval of the Engineer. Areas shall then be fertilized and seeded in conformance to PS 25.00 included as part of these specifications. Measurement and Payment The quantity to be paid for under this item shall be the number of square yards of surface area graded and landscaped in conformance with the Contract Plans, Drawings and Specifications. Measurements shall be based on linear measurements along the axis of finished work as so referenced by the Engineer. The price bid shall include the cost of furnishing all labor, equipment, machinery, shrubs, supervision, fertilizer, peat moss, disposal, anchorage and all other items whether or not mentioned herein, necessary for completion of a workmanlike job. MORRIS AND ANDROS PS 5.00-2 Engineering Consultants DETAIL SPECIFICATIONS PS 13.00 - PIPE INSTALLATION General After the trench has been excavated as called for in Specification PS 11.00, all pipe, hydrants, valves, fittings, end sections, accessories, and appurtenances shall be installed in such manner as to conform to the following procedures and as shown, on the detail drawings of typical pipe and accessory installation, on the plans and drawings relating to this Contract. a) All pipe shall be laid to, and maintained at, the lines and grades shown on the plans and drawings unless specifically directed otherwise by the Engineer. Fittings, valves, air vents and hydrants shall be installed at the locations indicated with valve and hydrant stems plumb. b) All pipe and accessories shall be inspected for defects before lowering into the trench and any defective, damaged or unsound material repaired or replaced as, directed by the Engineer. Any material declared unfit for use by the Engineer shall be immediately removed from the project site by the Contractor at his own expense. ". I c) All dirt or other foreign material shall be removed from the interior of the pipe before it is lowered into the trench and shall be maintained in that condition during all phases of the pipe installation procedure. d) All pipe and accessories shall be carefully lowered into the trench, using such means as may be dictated by existing conditions but under no circumstances shall any pipe or accessory be dropped or dumped into the trench. 1 e) All pipe, hydrants, valves, fittings, pumps, cleanouts accessories and I appurtenances shown on the plans and drawing shall be provided and installed as shown on the drawings or as specified in supplementary documentation. f) Pipe shall not be laid when trench conditions or the weather .is unsuited for proper installation as determined by the Engineer. g) Wherever the Engineer has determined that the trench bottom is not in a condition to adequately support the pipe being laid, the Contractor shall bring the affected area or areas to an acceptable condition by placing and compacting a subbase of gravel conforming to MS 25.00 in the bottom of the trench as required and as shown on the detail drawing referred to in the first paragraph of this specification. MORRIS AND ANDROS PS 13.00-1 Engineering Consultants DETAIL SPECIFICATIONS PS 13.00 - PIPE INSTALLATION (Continued) General (Continued) h) Pipe shall be embedded in clean, durable fragments of crushed stone conforming to MS 6.00 with particular emphasis being paid to the haunch areas of the installation. Embedment material shall be placed in small enough lifts, depending on pipe diameter, to permit shovel-slicing of the material into the haunch on both sides of the pipe up to the springline with each lift being alternately compacted to a density equal to not less than eighty (80) percent of the density present in the undistributed trench wall. Above the pipe springline, the same material shall be placed in lifts as indicated until the top of the pipe is covered to a depth equal to that upon which the pipe rests, with the material being hand leveled and carefully compacted to at least 85% of Standard Proctor density in such manner as will not damage or cause misalignment of the pipeline. All pipe embedment and subbase, where required, shall extend to the undisturbed trench wall on both sides of the trench and shall be completely free of voids. J) Bell holes shall be provided when elastomeric or flanged joints are called for but they shall be no larger than necessary to accomplish proper joint assembly. When the joint has been made, the void under the joint shall be filled with embedment material to provide adequate support to the pipe throughout its entire length. j) Pipe joints shall conform to the recommendations and specifications of the pipe manufacturer. k) When pipe laying is not in progress, the open ends of installed pipe and accessories shall be capped or plugged to prevent entrance of trench water` ' j or foreign objects into the pipeline. 1) Service laterals shall be constructed to the lines and grades called for on the Project Drawings. Upon completion service laterals shall be securely plugged, to the satisfaction of the Engineer, at their terminal ends to prevent groundwater infiltration. The location of the terminal point for each service lateral shall be adequately referenced by the Contractor to I three (3) permanent structures. The tie points and reference distances for each sewer lateral shall be placed on an eight and one half (81-2) by eleven (11) scale drawing and submitted in duplicate to the Engineer. m) Whenever water is excluded .from the interior of the pipe, enough backfill shall be placed on the pipe to prevent floatation. HOWEVER, NO PIPE, PIPE FITTINGS OR APPURTENANCES SHALL BE .COVERED BEFORE THEY HAVE BEEN INSPECTED AND REFERENCED BY THE ENGINEER. Any pipe which has floated shall be removed from the trench and relaid to specification. ]{}iI l MORRIS AND ANDROS PS 13.00_2 Engineering Consultants DETAIL SPECIFICATIONS PS 13.00 - PIPE INSTALLATION (Continued) General (Continued) n) Connections between pipe and manholes (MS 17.00) shall be made secure against infiltration and exfiltration by the use of manhole sleeves (MS 18.00) which have been installed in precast manholes at the time and place of manufacture. o) Connections between pipe and pumping stations in sewer wastewater collection systems shall be made secure against infiltration and exfiltration by the use of dresser couplings as shown on detail drawings relating to this Contract. p) Unless specifically ordered otherwise by the Engineer, the Contractor shall install thrust blocking at each hydrant, valve, bend, tee and at reducers or fittings where changes in pipe diameter or directions occur. Typical examples of acceptable thrust blocking are shown on detail drawings i relating to this Contract. q) After all pipes have been installed and backfilled, but before surface restoration has been completed, each section of pipe shall be tested for structural integrity using the low pressure air test described in ANSI/ASTM i C-828-80. Any pipe not meeting the requirements of this standard shall be promptly excavated and repaired at the Contractor's expense. r) In cases where high groundwater conditions may create some question as to the validity of the low pressure air test, the Engineer, at his discretion, may require supplemental testing for infiltration in accordance with ANSI/ASTM C-12. In accordance with current practice, any pipe or section of pipe which exhibits an infiltration rate of greater than one hundred (100) gpd/inch/mile shall be promptly repaired or replaced at the Contractor's expense. i s) All pressure or force mains shall be tested in conformance with AWWA C600 Specification unless otherwise specified in writing by the Engineer. Newly laid pipe or any valved section thereof shall be subjected to hydrostatic pressure of at least 1 .5 times the working pressure at the point of testing. 'Test pressures shall: 1 1. Not be less than 1.25 times the working pressure at. the highest point along the test section. 2. Not exceed the pipe or thrust restraint design pressure. 3. Be of at least two (2) hour duration. 4. Not vary by more than plus or minus five (5) pounds per square inch. MORRIS AND ANDROS RS 13.00-3 Engineering Consultants DETAIL SPECIFICATIONS PS 33.00 - RIP--RAP INSTALLATION 11 General ip All rip-rap (MS 60.00) shall be installed to the lines and grades, and the lgcations as shown on the Plans and Drawings, in such manner that will conform to the following Specification unless otherwise ordered in writing by the Engineer: a) 1,?here rip-rap is required to be keyed into the bottom of the bank or ' channel, the Contractor shall excavate the required trench to the depth indicated on the Contract Plans and Drawings, and to a width not less than the thickness of the rip-rap called for on the Plans and Drawings related 5 to this Contract. b) Stones shall be placed so that the dimension approximately equal to the layer thickness is perpendicular to the slope surface and that the weight of the stone is carried by the underlying material and not be adjacent stones. On slopes, the largest stones shall be placed at the bottom of the slope. Rip-rap shall be placed on slopes as called for on the Contract i Plans and Drawings. c) Dry rip-rap shall be properly aligned and placed so as to minimize void spaces between adjacent stones. Spaces between the stones shall be filled with spalls of suitable size. d) Where required by the Engineer, or as called for on the Contract Plans. and Drawings, bedding material (MS 62.00) shall be placed prior to placement of dry rip-rap. Bedding material shall be placed on the prepared surface in equal lifts, to the thickness called for on the Plans and Drawings relating to this Contract. Bedding material shall be placed in a manner which will not cause segregation of the particles. Contamination of bedding material by natural soils or other materials shall be prevented. Bedding material which becomes contaminated or mixed shall be removed, and replaced with uncontaminated bedding material at no additional expense to the Owner. Measurement and Payment k The quantity to be paid for under this item will be the actual number of cubic yards of dry rip--rap installed, in place, within the payment limits as set forth on the Contract Plans and Drawings, and as so referenced by the Engineer. The price bid shall. include furnishing and installing all dry rip-rap, spalls and other appurtenances relating thereto as are shown on the Contract Plans and Drawings. Such bid shall also include the cost of all labor, machinery, excavation of keys, super-vision, r equipment, tools, transportation and all other sevices or materials, whether or not specifically mentioned herein, necessary for completion of a workmanlike job, ready in every respect for the Owner' s use. MORRIS AND ANDROS Engineering Consultants DETAIL SPECIFICATIONS PS 33.00 - RIP-RAP INSTALLATION (continued) Furnishing and installation of bedding material (M5 62.00) , if required, will be paid for on a cubic yard basis, for each cubic yard in place. as called for on the Contract Plans and Drawings and as so referenced by the Engineer. 1 a 1 lLJ IU i �IljI Li i LlMORRIS AND ANDROS Engineering Consultants DETAIL SPECIFICATIONS PS 12.00 ROCK EXCAVATION . e Genal r When "rock", as defined in MS 5.00, is encountered during excavation, the contractor shall excavate as required for construction of the proposed project as shown on the Plans and Drawings, in such manner as shall conform to the following requirements of this Specification: a) It shall be the responsibility of the contractor to employ the most efficient method or methods in removing the rock so encountered. He will not be permitted to use archaic or inefficient methods or procedures which could result in a request for payment for extra work. ' b) When blasting is required to facilitate removal of rock in excavations, all operations pertaining thereto shall be carried out only under the direct, personal supervision of a person who is knowledgeable in the handling and use of explosives in this class of work and who shall possess a valid "Blasters Certificate of Competence", Class I or II issued by the State of New York, Department of Labor, Division of Safety and Health. c) The contractor shall take all precautions necessary to protect persons and is property whenever and wherever blasting is being carried out and he shall be responsible for any and all damage or damages resulting therefrom. The cost of repairing all damages caused by blasting shall be borne by the contractor. d) No blasting shall be carried out within fifty (50) feet of a pipe, conduit or other structures already in place. ' E e) Any projection of rock that will be nearer than six (6) inches to any part of a pipe, conduit or other appurtenance or structure after such properties l have been installed, shall be removed. . f) Excavated rock shall be disposed of as specified in paragraphs (g) and (h) ` of Specification PS 11.00. Measurement and Payment The quantity to be paid for under this item will be the actual number of cubic yards of rock removed from within the payment limits. The price bid shall include all blasting insurance premiums, cost of permits, supervision, labor and material required to properly carry out the provisions of this Specification. MORRIS AND ANDROS PS 12.00-1 Engineering Consultants IF DETAIL SPECIFICATION _ PS 25.00 — TOPSOIL, FERTILIZE, SEED General Topsoil (MS 4.00) , fertilizer (MS 16.00) and seed (MS 15.00) shall be installed in locations shown on the Plans and Drawings relating to this Contract and to the lines and grades indicated. Procedures shall conform to all provisions of the Plans and Specifications unless otherwise ordered in writing by the Engineer. a) In addition to areas shown on the Plans and Drawings, all previously grassed areas, disturbed or harmed by construction operations, shall be included under this specification. b) Topsoil shall be spread in designated locations to depths not less than four (4) inches, nor greater than six (6) inches. c) Topsoil shall then be graded to the required elevations, and raked true to line; free from lumps, ridges, depressions or other such i unacceptable irregularities. t d) All sticks, stones, roots or other such deleterious materials not conducive to the formation of a finely pulverized and uniform seed bed shall be removed. e) Seed may be sown between August lst and November 15th (weather l permitting) or between March lst and May 15th. Seeding shall commence when soil is dry or moderately dry and when the wind velocity is not greater than five (5) miles per hour. f) Seed of the type called for on the Plans and Drawings shall be applied at rates within tolerances approved by the Department of Seed Investigations, New York State Agricultural Experiment Station, Geneva, New York, for seed types specified. ' 1 g) Fertilizer of the type shown on the Plans and Drawings shall then be applied at the rate of fifteen (15) to twenty (20) pounds per 1,000 square feet, depending on type of fertilizer called for on the Plans. h) Surfaces shall then be raked with a fine—toothed rake and rolled with an approved roller not weighing less than five hundred (500) pounds. i) Mulch (MS 31.00) , hay or straw shall then be applied at a rate of one (1) bale per five hundred (500) square feet. Other mulches and applications rates may be permitted when so approved by the Engineer. j). Freshly covered areas shall be watered with a fine, uniform spray until thoroughly wetted. When dry conditions exist, areas shall be continuously watered by the use of sprinklers. MORRIS AND ANDROS Engineering Consultants PS 25.00-1 DETAIL SPECIFICATIONS - FERTILIZE SEED (Continued) PS 25.00 TOPSOIL, k) It shall be the responsibility of the Contractor. to maintain seeded areas without additional payment until the expiration of the maintenance period. Areas which do not develop a uniform stand of grass shall be reseeded, refertilized and mulched as may be required with the original mixture, until such time as an acceptable stand of grass is developed. Measurement and Payment The quantity to be paid for under this item shall be the number of square yards orm to the Contract Plans, Drawings and landscaped, in place, which conf . Specifications. Measurement will be based on linear measurements along the lines of finished work. The price bid shall include furnishing and installation of all topsoil, seed, fertilizer, mulch, water, hoses, sprinklers and such other materials relating Y thereto as indicated on the Plans and Drawings. Such bid shall also include the cost of all labor, supervision, equipment, tools, transportation, machinery, watering, replanting and all other services or materials whether or not mentioned herein, necessary for completion of a workmanlike job ready in every respect for the Owner's use. i ' I i 1 I MORRIS AND ANDROS PS 25.00_2 Engineering Consultants DETAIL SPECIFICATIONS PS 11.00 TRENCH EXCAVATION AND BACKFILLING General All trenches shall be excavated to the line, grade and typical section as shown on the plans and drawings, including any deviation(s) which may have been approved by the engineer and shall comply with all applicable regulations, laws and ordinances then in force at the time and place of construction. a) Removal of improved Surfaces Before any excavation is made, improved surfaces such as bituminous or concrete pavement (MS 1 .00) , etc. , existing over the area of the proposed trench, shall be removed. Before removal of such material is attempted, that part of the surface being removed shall be separated from the part which is to remain by the use of such tools and methods as will result in a clean line of separation between the two sections. Pavement saws, power chisels, spades, etc. , capable of cutting through the material being removed shall be used and under no circumstances shall the pavement be struck or lifted until the section over the proposed excavation can safely be removed without damage to the adjacent pavement. i Material so removed shall be classified as "spoil" (MS 11 .00) and disposedof as per the provisions of that specification. b) Trench Width Trench width at the ground surface may vary depending on depth, type of soil and position of surface structures, but in general the minimum clear width of trench, sheeted or not sheeted, measured at the springline of the pipe to be installed should be twelve (12) inches greater than the outside diameter of er of the pipe. The maximum clear width of the trench at the top the pipe should be equal to the pipe outside diameter plus two (2) feet. q In cases where the trench is exceptionally deep or where extra thick sheeting, bracing, or other systems of trench support is required, the engineer may vary these trench widths. The contractor will not be permitted to use methods of excavation which cause excessively wide trenches, undue disturbance of existing pavement or unreasonable interference with traffic. a . MORRIS AND ANDROS PS 11.00_1 Engineering Consultants j DETAIL SPECIFICATIONS PS 11.00 - TRENCH EXCAVATION AND BACKFILLING (Continued). c Trench Support Where an unstable or flowing soil condition is encountered in the trench wall, such as may be found when excavating below ground water level or in weak or non-cohesive soils, such conditions must be stabilized before any attempt is made to install pipe, manholes, catch basins or other .. appurtenances in the trench. The method used to obtain this . stabil.ization is dependant upon the cause and severity of the condition. The contractor may use tight or skeleton sheeting, stay bracing, or trench jacks to support the trench during pipe laying operations, but the method which he contemplates using shall be subject to review and approval by the engineer before any support system is adopted. Under certain conditions it may be necessary to leave sheeting in place to prevent migration between material used beneath and around the pipe and trench wall material. Timber sheeting, when used below the top of the pipe, shall be driven approximately two (2) feet below the bottom of the pipe and when there is a possibility that. "pulling" the sheeting might result in a collapse of the trench wall and a widening of the trench at the top of the conduit before backfill can be placed, the engineer may direct that all or a part of the sheeting be left in place. The engineer may also direct that sheeting be cut off and left in place approximately one and one-half (1�) feet above the top of the pipe, if there is a possibility that removal of the sheeting would leave a void in the embedment material between the pipe and the trench wall after embedment material has. been compacted. Steel sheeting, because of it's thinness, and when properly installed, may be withdrawn with about the same factor of safety against settlement of the surfaces adjacent to the trench wall as that for timber sheeting left in the trench. Removal of bracing between sheeting shall be carried out as backfilling proceeds and in such manner that does not relax trench support. t d) Trench Bottom The trench bottom shall be smooth and free from stones, clods, frozen soil or any deleterious material which will hamper the installation of pipes, conduits, structures and appurtenances. In most installations where the pipe to be laid does not exceed twelve (12) inches in diameter, the trench should be undercut by machine and brought up to grade by use of granular i embedment material (MS 6.00) or other material approved the engineer. e) Dewatering Where conditions are such that running or standing water occurs in the trench bottom, or the soil in the trench bottom displays a "quick" tendency, the water shall be removed by pumps or other suitable means such as well points or pervious underdrain bedding until the pipe has been installed and sufficient backfill has been placed over the pipe to prevent .� floatation of the pipeline. MORRIS AND ANDROS PS 11.00-2 " Engineering Consultants i ' } DETAIL SPECIFICATIONS PS 11.00 - TRENCH EXCAVATION AND BACKFILLING (Continued) f) Conflicting Obstructions Certain conflicting obstructions may be encountered in excavating trenches relative to this classification which may, or may not, be shown on the plans and drawings. Such obstructions may be, but are not limited to, public, private, or utility owned surface or sub-surface structures such as water, sewer or gas lines; electric, telephone or cablevision cables, conduits, boxes or vaults; manholes, catch basins, 'cesspools or septic tanks; all, some, or none of which may be in current use. The contractor shall be responsible for all conflicting surface and sub-surface structures, utilities and obstructions. He shall bear all expense arising from obstructions encountered and shall perform all locating or causing to be located, protection, repair of damage, and necessary removal, adjustment and relocation. When a conflicting publicly or privately owned utility is required to be relocated by its owner, the contractor shall cooperate with the utility owner and shall locate, excavate, protect. and expose the utility at the contractor's expense. . The contractor shall not be due i claims for damages arising from any delays encountered thereby. g) Storage and Disposal of Suitable Material All excavated material, which is suitable and approved for backfill or fill, shall be placed in storage piles until it can be used in the work. It shall not be placed close to the sides of excavations, where the weight of the material could create a surcharge on such sides, whether sheeted or not. Places for storage shall be as provided by the contractor. Hydrants under pressure, water and gas valves, manhole covers, fire and police call boxes, or other utility controls shall be left unobstructed and accessible at all times. Gutters shall be kept open or other satisfactory provisions made for street drainage. Natural water courses shall not be obstructed and, unless otherwise approved, stockpiles shall not obstruct adjacent streets, walks or driveways. Excavated material in excess of that required for backfill, fill, topsail or other purposes, as shown or directed, including any stored surplus, shall remain the property of the owner, unless the contractor is directed in writing to dispose of said material. h) Disposal of Unsuitable Material All excavated material classified as spoil (MS 11.00) shall be disposed of as per the provisions of that specification. i) Over Excavating During the course of construction, if the trench bottom should be inadvertently excavated below grade, more than twelve (12) inches, it shall be brought back to grade by filling with foundation material (MS 25.00) compacted to a density equal to the native soil which was removed, with the cost of labor and material being borne by the contractor. MORRIS AND ANDROS PS 11.00-3 Engineering Consultants DETAIL SPECIFICATIONS PS 11.00 - TRENCH EXCAVATION AND BACKFILLING (Continued) j) Archaeological Salva&e Whenever, during the course of construction, historical objects are encountered, such objects shall not be moved or destroyed. Work shall be stopped and re-scheduled to avoid disturbing such areas and the engineer shall be notified immediately. The Engineer will then contact Louise, Basa, Cultural Resource Section, New York State' Department of Environmental Conservation at 518-457-3887, who will issue instructional procedures which will govern continuation of work in the affected area. k) Dust Control f Provision shall be made at every job site to control the amount of airborne dust resulting from construction operations by wetting debris and other materials and the immediate work area with appropriate spraying agents or other means acceptable to the engineer. 1) Landmarks It shall be the responsibility of the Contractor to take all precautionary measures necessary to insure that all survey markers, bench marks, property line markers, monuments, etc. are not disturbed during the work. however, if any of the markers so mentioned are moved inadvertently or otherwise during the work, the Contractor shall be responsible for their being replaced in the exact location which they occupied before being moved. Should there be any question regarding the exact location called for, the Contractor shall immediately notify the Engineer who will arrange for the location(s) to be re-established by survey at the Contractor's expense. 'i Backfilling-- General I After the pipe has been installed, inspected and referenced by the Engineer as called for in Specification PS 13.00, the trench shall be backfilled in such manner as will conform to the following specifications and as shown on the detail drawing of a typical pipe and accessory installation, on the plans and drawings relating to this project (contract) . i I m) Initial Backfill Twelve (12) inches of selected gravel conforming to MS 25.00 (DOT 304-2 .02, type 4) shall be carefully placed in the trench in two (2) equal lifts, with each lift being evenly hand-leveled from trench wall to trench wall and carefully compacted to eighty percent (80%) Standard Proctor Density (see ASTM D698 or AASHTO T99) . MORRIS AND ANDROS PS 11. 00-4 Engineering Consultants DETAIL SPECIFICATIONS PS 11.00 —TRENCH EXCAVATION AND BACKFILLING (Continued) n) Final Backfill under Im roved Surfaces Under improved surfaces and shoulders of streets, roads, aprons, curbs and walks, final backfill material shall be placed in lifts not exceeding eight (8) inches in depth and each lift compacted to a ninety percent (90%) Standard Proctor Density before the next lift is placed in the trench. The last lifts before grade level shall be nine (9) inches of R-O-B (MS 49.00) and three (3) inches of foundation material conforming to MS 25.00 (DOT 304-02.2, type 4) which shall be leveled to correspond with adjacent surfaces within plus or minus (±) , one (1) inch after compacting. In general, material removed from the trench during excavation is suitable for final backfill, provided, however, that such material is free of sod, roots, spongy material, pieces of pavement, frozen clumps, lumps or clods of soil, mush, clay, cinders, slag, ashes, rubbish, rocks or pieces of rock measuring more than one half (11) cubic foot, but in no case is the trench to be backfilled with material which contains more than twenty percent (20%) of rock, well blended with other acceptable material. If material i excavated from the trench is not acceptable to the Engineer, the trench shall be backfilled with a good grade of run-of-bank gravel or other material which has been approved by the Engineer. Regardless of the type or kind of backfill used, specifications relating, to lifts and compaction shall be observed. For backfilling on slopes refer to subparagraph (p). o) Final Backfill under Lawns, Open Fields and Unimproved Rights-of-Way Final backfill material used under lawns, open fields and unimproved rights-of-way need not be as carefully selected as was the material lspecified for use under improved surfaces but material contaning roots, j slop, spongy material, pieces of pavement, frozen lumps of soil, mush, clay, rubbish or rocks more than one half (11) cubic foot will not be considered acceptable. Unless otherwise ordered by the Engineer, mechanical compaction as called for under improved surfaces will not be required. Material shall be deposited in lifts and machine spread until the surface layer can be rolled with the placement equipment. Unless topsoiling and seeding is to follow, the surface shall be mounded and _ maintained by filling all sunken areas until final acceptance of the work. In areas were seeding is to follow, the top four (4) to six (b) inches of the trench shall be filled with topsoil (MS 4.00) (DOT 713-01) . For j backfilling on slopes refer to subparagraph (p). 9 MORRIS AND ANDM I! PS 11.00-5 Engineering Consultants dr DETAIL SPECIFICATIONS PS 11.00 - TRENCH EXCAVATION AND BACKFILLING (Continued) p) Backfilling on Slopes In trenches on slopes, the "French Drain" effect on fill which has not been completely consolidated nay result in surface or groundwater, washing out soil from under or around the pipe, thus reducing or eliminating support of the pipeline. Where. such. conditions are present, lifts .in the final backfill shall be reduced to four (4) inches in depth with each lift being compacted as called for in subparagraph (n) of this specification. Under conditions where the slope is extreme, the Engineer may order the installation of concrete collars, keyed into the trench sides and foundation as a precaution against pipeline failure. Measurement and Payment The quantity to be paid for under this item will be the actual number of cubic yards of trench excavated from within the payment limits as set forth on the project (contract) plans and drawings. The depth of earth excavation allowed j - will be from the existing surface to the authorized subgrade and will be measured vertically. The price bid shall include all machinery, supervision, labor, trench liners, j shoring, sheeting, bracing, dewatering and such other things and services as may be required to excavate, sheet, brace and -backfill the nece.ssary. trenches, clean up, , dispose of surplus or unsuitable material and maintain the flow of traffic where required. No separate payment will be made for backfilling with material excavated from the trench which has been deemed suitable by the Engineer. Rock excavation (PS 12.00):, furnishing and installing embedment material (MS J 6'.00) , furnishing and installing foundation material (MS 25.00) , and furnishing and installing run-of-bank gravel (MS 49.00) and furnishing and installing `- topsoil, fertilizer and seed (PS 25.00) , will be paid for under appropriate sections. s • I J . - MORRIS AND ANDROS PS 11.00-6 Engineering Consultants r" 4 14 P GGI & MARTIN Consulting Engineers & Land Surveyors 86-003 (212) 54-56 Main Street Poughkeepsie, New York 12601 914-471-7 898 January 15, 1988 Town of Wappinger Town Board Box 224 20 Middlebush Road Wappingers Falls, New York 12590 Reference: Change order #1 Edgehill/Hilltop Drainage-Section "C" Bear Board Members : Enclosed please find a copy of the above Change Order #1 , which I would like to discuss at Tuesday' s meeting. As you recall, we did Section "A" and "B" last year, and we hit no rock. This is the reason that the necessity for the rock excavation was not anticipated. The cost for the change cannot be determined at this time because of the uncertainty of the amount needed to be removed. However, it has been determined that a not to exceed figure will be $10 , 000 . 00 . The actual cost will be determined by the actual man hour and machine hours necessary. Please feel free to contact this office if you have any questions . I apologize for the late notice, however, we did not hit the rock until Friday, 1/15/88 . Very truly yours, J'osep E. Paggi , Jr. , P.E. JEP:hs cc : Elaine Snowden, Town Clerk encl . Joseph Fl.Paggi,Jr.,RF',. Frne t Martin,Jr., P.E., L.S. PROJECT: EDGEHILL/HILLTOP DRAINAGE - SECTION "C" Change Order #1 January 15, 1988 Nature of Change: Necessaryrock excavation to construct stream to proper profile. Reason for Change: Unanticipated rock. Cost of Change : Cost of rock removal will be based on a time and equipment basis with our upset or not to exceed figure of $10, 000 . 00 . APPROVED BY: Irene Paino, Supervisor ACCEPTED BY: Sun-Up Enterprises , Inc. t3AG(..'Jfl & MARTIN windtiiig 1,,,;qkieerS & 1,a)id 54-56 MaM Street P0L1ghkce1)s1e, New York 12601 914-471-7 898 RECEIVE,) DEC 2 198� November 30, 1987 ELAINF Town of Wappinger Town Board Box 324 20 Middlebush Road Wappingers Falls , New York 12590 Reference : Edgehill-Hilltop Drainage Section 11CIP Dear Board Members : On November 25, 1987 bids were received and opened on the above project. Bids were as follows : Sun Up Enterprises . Inc. $22 , 028. 00 Pentecast Contracting Corp. $68 , 064 . 00 We have examined both bids, and have found them to be in order. The higher bid is substantially over our preliminary estimate, while the lower bid is 15% - 20% under our original estimate . We therefore recommend that the contract be awarded to Sun Up for the above amount. Please contact this office if further information is needed. Very truly yours, f-J Joseph E. Paggi, Jr. , P.E. JEP:hs jose p h a gp'�'j r.J,.F F'i n N]a T-t I T I j I- PAGGI & MARTIN Conslilli)i% E)igiiieer & 1.(md Si,i-veyo)-s S4-S6 Mala Sti-eet Poughkeepsie, New YorIc 12601 914-471-7898 October 12 , 1987 Town of Wappinger Town Board P.O. Box 324 20 Middlebush Road Wappingers Falls, New York 12590 Reference: Merz 39 Hilltop Drive Dear Board Members : on October 12 , 1987 , 1 made a field inspection of the above property at the request of the homeowner with respect to a drainage problem. Please note that this property is located in the Edgehill/Hilltop Drainage Project that was done this year, however, it was not in the immediate area. If you recall, the project was bid numerous times with no one sub- mitting a bid. We then scaled down the project and received one bid. The section of the project taken out was a 600 foot section of stream including Mr. Merz ' s property. It was our opinion then, and still is, that this section should be done to complete the project. Mr. Merz ' s position is that the work that was done has caused him additional problems. I do not concur with this and ex- plained my position to him. I did however state my opinion that the project should be completed, but that it would not necessarily dry the area closer to his house. I stated that this was a very wet year and the ground was saturated. Please advise us if you wish us to put this section of the project out to bid again. Very truly yours RECEIVel) )�O�Seph E. Paggi , Jr. , P.E. JEP:hs QST 61987 cc : Robert Merz 39 Hilltop Drive INS **DEN Wappingers Falls , N.Y. 12590 ErnsqNLE till, PAGGI & MARTIN CoTisultl')ig & 1.aiid Sui-ve.yons 86-003 (212) 54-56 Mairi Street POUglikcepsic, New York 12601 914-47 1-7 898 August 7 , 1987 44* Town of Wappinger Town Board Box 324 20 Middlebush Road Wappingers Falls, New York 12590 Reference: Edgehill Drainage Dear Board Members : I received a call today from Ed Newmar, 30 Edgehill Drive, regarding the above project. The main discharge pipe is located on an easement that goes through Mr. Newmar ' s property. The pipe is 48" diameter metal pipe . Mr. Newmar ' s concerns are: 1) That a metal trash rack be placed on the end of the pipe to prevent entry into the pipe. I agree with this and have asked the Highway Superintendent to proceed with this work immediately. 2) That the area has been cleared of all trees , shrubs, etc. and is quite different in appearance than prior to the work. I agree with this, however explained to, Mr. Newma that the drainage pipe and swale must be kept clear and open to function properly. I suggested that some low evergreens could be: planted along the top of the ditch to visually screen the pipe and ditch but would need the Board' s authorization to do this work. It is not out of the ordinary that this type of restoration work be done on easements through Private Property. Possibly the Highway Department could do this planting work or the contract could be extended. Either way, it is to do the work with the understanding that Mr. Newmar would have to maintain these shrubs. J C)s,ell Pat gl,Jr. I'll St M a T-t ill,J1 1'.F., L.S. August 7, 1987 86-003 (212) Town of Wappinger Page Two Town Board Box 324 20 Middlebush Road Wappingers Falls , New York 12590 Reverence : :Edgehill Drainage Please notify this office and Mr. Newmar of your opinions . Very truly yours , I }• 1 r t Joseph E. Paggi, Jr. , P.E. JEP hs ccs Ken Croshier Ed Newmar 30 Edgehill Drive PAGGI & MARTIN Coiuulling Etgirteer, & 1.anel Survejor,s 54-56 Main Street POLIglikeej)sic, New York 12601 914-47 1-7898 J414 July 14 , 1987 Town Board Town of Wappinger Box 324 20 Middlebush Road Wappingers Falls , New York 12590 Reference: Phase VI Stream Cleaning and Storm Drainage Dear Board Members : Enclosed please find a copy of Change order #1 for the above project as discussed. Kindly sign the original and return a copy to me. Very truly yours, 6 septi E. �Pa g g i, .7r. ,�T.E. JEP*hs encl . cc : Sun-Up w/encl . jor vph 1".Paggijr_P.F, ]'rmt Martin, jr, PJ" Ls Contract: Phase VI Stream Cleaning and Storm Drainage Date: July 10, 1987 Change Order #1 - Section B Item Previous Quantity Additional Quantity Additional Cost 1 . 01 320 175 $ 8, 986 . 25 5. 00 720 550 2, 475. 00 TOTAL ADDITIONAL COST $11, 461. 25 ACCEPTED BY: Sun-up Enterprises, Inc. APPROVED BY• Irene Paino, Supervisor TOWN OF WAPPINGER SUPERVISOR TOWN COUNCIL IRENE M.PAINO uN VINCENT G.FARINA Y GERARD J.MCCLUSKEY DAVID E.REIS JUNE A.VISCONTI TOWN CLERK ' S OFFICE 20 MIDDL,EBUSH ROAD P.O.BOX 324 WAPPINGERS FALLS.N. Y. 12590-0324 (914)297-5771 ELAINE H.SNOWDEN TOWN CLERK April 21, 1987 Mr. Harold Buchner, President Sun Up Enterprises RFD #3, Route 375, Wappingers Falls, N.Y. 125.90 Re: Edgehill Drainage Project Dear Mr. Buchner: At their regular meeting of April 20, 1987, our Town Board awarded your company the bid on the Edgehill Drainage Project, total cost of $82, 354.90. Please contact the Engineer to the Town, Jay Paggi, at 471-7.898, regarding the contract and commencement of this project. Thank you for bidding on this project. Yours very truly, 7ZNLL� t( t�. 8ky ,,r Elaine H. Snowden Town CLerk gr j J PAGGI & MARTIN Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 „r ^ 914-471-7998 April 8, 1987 A F R 1 3 1987 Mrs. Irene Paino, Supervisor Town Hall 20 Middlebush Road P.O. Box 324 Wappingers Falls, New York 12590 Dear Irene: on 4/8/87 , this office attended the bid opening for the Edgehill Drainage Project. There were two (2) bids re- ceived and opened. They are as follows: Sun Up Enterprises: Section "A" - $ 51, 168. 40 Section "B" - $ 31 , 186. 50 Total - $ 82 , 354. 90 H.C.-S. Excavators: Section "A" - $ 58 , 056. 00 Section "B" - $ 32,296. 00 Total $ 90, 352 . 00 This office has reviewed both bids, which seem to be in order, and recommends the Contract be awarded to Sun Up Enterprises, for the amount of $82 , 354. 90. If you have any questions, please call the office. Sincerely yours, M rk A. Day, for Paggi & Marti MAD:hs Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr., P.E.., L.S. sojuthern 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION 'State of New York, County of Dutchess, a , Town of Wappinger. Ginela��rr�pRAICdA � ' a i ��9aaipd bidsJor taherm qr ftne ........................................................ of the �Nerk dgohi84 tt7rG e txrr 1�l , � � wvpd at rtha otfaop�i t>>t�� �`, fW af4 0 t�D�U�hFgead. Town of�Wappinger, Dutchess County, New York, JVa �s(s qns,avow A tut' K�nt4f 11:x0 a;, on Apral 8 1"7 at wNch „me pe pub! all ataefted and being duly sworn, says that he is, and at the several. read ri Dr ��all reael p at d ons tunes hereinafter was, the . dcese; �,;tuna w� � Pnpi ratl: t p ^�:........ taei 7 crr ao1Clodatmeets MAY`t� 'per sorPOD'Halfhich is non- of the SOUTHERN DUTCHESS NEWS, a deer set which is nan- rmtun, Cts made by check shall be able jo�otlhe Tow, of We ,to have 0"4e ��1e11% newspaper printed and published every Wednesday doe„ �' �r,�eilad shat9 be,pcpor$t by ny IeheGk,nr � yth in the Town of Wappnger, Dutchess County, New a�p1eappin rete ofibovedpsbrbRt dCot ra ( York, and that the annexed NOTICE was duly DoG nts rri also Tr°�� o e atthdolfice o ald)ah Ih�e � , ?hkee En'neers published in the said newspaper for .. ..weeks '6�ksepsie ow r t ,�� ��jr� I rtheE If[Gr� re�b � 9 �mage retie successively in each week, commencing on the enan beet , 7h# 'min%� a,torr Chas eeetl hrf et 1 ' . day of 1.9..87 and on the Replaylg oh sasirros and lbek) rraraorl�/yeh�t �bt 38 '�;��„P ae� 1 �. �daII Brie e fPlret followingdates thereafter, namelyon flows"InYrzn a o-eting df h e fit. sE � N 7hrs fP ,'Allof clea � dfairl wale�n fora Ify ........................................ Road,t aYlto} have ji � at �',Ni it f , n resotues th r ,19j p Pr and ending on the .....115th.. day of .....IturalL rete two secte- ite o-dna¢f eaccoppani layaeer- both days inclusive. lifj neck brbld brand an tFat4 ,ant of 19..� 5 the base laid in the, dict tori �coxa�a4abps Provid �h a"G i�t /� /'l tial bid*",'rs- �� d jpiy waf rawbid wdfrtn for ty dl5t aftotuhe actl date of the , tliap. ,S. 21, , owh 1, at (tj' x LaM arbd is exarnpi no p y ont oY x�e anal Cttl9rpensaling Use Taxes of tdaIpte of hleuV;,ork'org;p9y alawhich areraf corpawatet9lnto the uGr tk,Ah, e es sant to frntSubscribed and sworn to before me,thy Jsz4fiseansdtthe � ete�L�pt to be thclnd fhi nmr 1 sefvoo �J� ��pa ¢rwnaNartaes aro-tha kr y ect anyng t111 16 ,. day of ««« J 19.87. accordant a ,ki 'Caw j �; tats is aasuod W a hfe of the , &„ a a " Towxy of br e�Pm ......... .' f ...t..�.t�n1x... v� irh is tsar E nowden Notary P1L1,bhC / wta terk avpnpira Hall 20 IUliddlebuish Road Gpa fere FaltS Now York 12590 My commission expires ............ NO I"k PAGGI & MARTIN Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7 898 i November 3, 1986 Town Board Town of Wappinger Box 324 Wappingers Falls, New York 12590 Attention: Irene Paino Supervisor Re: Phase VI Stream Cleaning and Storm Drainage Improvement Program_ Dear Mrs. Paino: On October 31, 1986 , bids were viewed and opened for the above project. Results were as follows : Sun-Up Enterprises $ 64, 227. 00 - Section A This was the only 'bid submitted and was for Section A only. There were no bids submitted for Section B. For your informa- tion, Section A was the pipe replacement work and Section B was the stream cleaning. The price submitted was over the estimated cost and should be rebid. This could be due to the amount of construction work available in the area at this time or the inherent nature of the job. As you know, this is the third time Section B has been bid without submittals. I suggest that the Attorney be contacted to determine another avenue of executing this project. If there are any questions, please contact this office. truly yo , ose E. P i r. P.E. p gg ► /r P. JP/sa Joseph E,Paggi,Jr.,P,E• Ernst Martin,Jr., Y.E., L.S. PAGGI & MARTIN Consullln,g h"nginee),u & Land Surveyou 54-56 Main Street Pouglikeej)sje, New York 12601 914-471-7898 March 3, 1986 Irene Baines, Supervisor Members of the Town Board Town of Wappinger Box 324 Wappingers Falls , New York 12590 Dear Mrs . Paino and Members of the Town Board: Following is a list of tax map numbers and names of landowners on Edgehill Drive/Hilltop Drive, Town of Wappinger that may be affected by the proposed Phase IV stream cleaning and storm drainage program. Note that the names are as per the original map dated September, 1984 , and may have changed since. 6258-04 6358-03 972119 N/F Lehman 005083 N/F Benedict 980112 Chrystie 011075 zein 989107 Stackson 017066 Becker 994099 Pentanero 022058 Hannon 999090 Larson 027049 McMahon 960102 Neumar 0,32041 Delson 971078 Lambert 038033 Penzetta 986079 Walters 005047 Gibbs 993065 Merz 010039 Gill 998056 Saraceno 016031 Jacca 949093 David 022,023 DeLuca 949070 Potenz,a 936089 It Murphy 959073 if Parekh 940067 if Tolat If we can be of any more help, please call this office. Very truly 4 Joseph E. Paggi , Jr. , P .E. JEP :fd V MAR 6 1,986 Q EIAIV j ose p h F,Paggi,jr.,P,El F'T-Tim L.S. MORRIS & ANDROS ENGINEERING CONSULTANTS 367 Violet Avenue, Poughkeepsie,New York 12601 914454-3411 12 Fair Street,Carmel, New York 10512 914225-9353 March 5, 1984 Supervisor Versace Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York 12590 Re: Nelson Gonzalez Edgehill Drive Drainage District Dear Members of the Board: The undersigned has net with Mr. Gonzlaez on February 26, 1984 to discuss his drainage concerns. During my site inspection it was evident that there were. three (3) possible solutions to Mr. Gonzalez's concern with a wide range of costs and effects. The attached sketch indicates the three (3) alternative drainage improvement routes along with a cost estimate for each alternative. As indicated to Mr. Gonzalez the cos=ts provided at this stage are approximate only. The costs were estimated based upon tax map (approximate) distances and the pipe sizes are guesstimate only, subject to an actual design and obtaining the necessary field work in the area. However, as also indicated to Mr. Gonzalez this initial information would give him an idea of where to start his ground work in the creation of this subject drainage district. If you require any additional information, please do not hesitate to contact the undersigned. Very truly yours, S & ANDRDS 0- r�Y Ronald M. Evangelis Engineer to the Town RME:eb Enclosure { 3/5/84 GONZALEZ DRAINAGE DISTRICT Edgehill Drainage Town of Wappinger Alternate No. 1 Off Site Drainage District Catch Basins 5 each $ 7,500.00 18" CCMP 1100 L.F. 28,050.00 21" COMP 550 L.F. 16,335.00 Stone 167 C.Y. 1.,002.00 Pavement & Landscape Lump Sum 4,500.00 Sub Total $ 57,387.00 Contingencies 11,473.00 Estimate $ 68,860.00 Alternate No. 2 - Gonzalez Improvement Only 6" C.C.M.P.P. 200 L.F. $ 1,600.00 Stone 67 C.Y. 402.00 Basin Repair Lump Sum 100.00 Sub Total $ 2,102.00 Contingencies 428.00 Estimate $ 2,530.00 Alternate No. 3 - Edgehill DriveImprovemcnt 18" CCMP 440 L.F. $ 11,220.00 15" CCMP 200 L.F. 3,920.00 Catch Basins 4 each 6,000.00 Stone 67 C.Y. 402.00 Pavement Lump Sum 4,000.00 $ 25,542.00 Contingencies 5,108.00 Estimate $ 30,650.00 NOV 2 3 198 M - lei tic Y 4 . w �° wW CORBALLY, GARTLAN© AND RAPPLEYEA CUARLEI3 J.COHBALLY (Ib645) HARk1AVUH bultf)i Nt. F LOWI}A OFFICE. JOHN J.GARTLAND,JR 35 MARKLT StREU.r 309 13ELLEVIEW HOULEVAFiD ALLAN E. RAPPLCYEA 9@LLEAIR, FLORIDA 3.3516 POUGHKEEP5IE, NEW YORK 12601 DANIEL F.CI,JRTIN• 61.3-461-31h4 FRED W.SCHAEFFER D14 4S4-111(_) JON HOLDEN ADAMS STEPHEN G.WATT5,(]F' COUNSEL— JON OF FLORIDA HAR ONL.I MICHAEL G.GARTLAND VINCENT L. DcalASE BRANCH OFFICE: PAUL Q, SULOVAN* BANK or MILLBROOK HUILf1ING ------ FRANKL>N AVENUE MILTON M. HAVEN MILLBROOK, NEW YORK 12!,4-. JOSEPH F. HAWKINS4 9I4 -677-5539 COUN5CIL (� •1AEMBER N.Y.AND fLORIOA BAR November. 15 , 1. 98pp 3 "EcevEh Mr . Nelson A. Gonzalez fNOV 1 7 1983 87 Edge Hill Drive ELAINE Wappi.nger Falls , NY 12590 H. S�Q W Q�N Dear Mr . Gonzalez : The Town Beard of the Town of Wappinger has requested that I outline for you the procedure which must be followed by residents within an area of the town .if they wish to form a special improve- ment district for drainage purposes . The procedures necessary for the formation of such district are described initially in Town Law 5§191 , 191--a and 192 . Town Law 5191 requires a petition signed by the owners of taxable real property within the district, said petitioners to be owners in the aggregate of at least one-half of the assessed valuation of all taxable real property in the proposed district as shown on the latest assessment roll . For purposes of this section, if there are resident owners, the petition shall include signatures of residents owning taxable real property aggregating at least one- half of the assessed valuation of the taxable real. property . The petition should identify the boundaries of the proposed district so as to permit identification of the lands within it , should :ruquegt construction of improvements , describe the improvements requested and state the maximum amount proposed to be expended . Signatures of each of the signors must be acknowledged. For your guidance , I enclose a sample petition; while it is for a sewer district rather than a drainage district , the format would be the same . I would also note that thq Town Law makes provision in §191-a for the Town Board by resolutidn, subject to a permissive referendum , to appropriate money to prepare a general map and plan for drainage . facilities . It is my suggestion, in order that the boundaries of the district be properly formulated, that you consider approaching the CORBALLY, GARTLAND AND RAPPLEYEA Mr. Nelson A. Gonzalez Page - 2 - November 15 , 1983 Town Board with a request for such action on i.ts part , as the request by you would not have to be one made by petition. If the Town Board were to appropriate such money for preparation of the proposed map and plan, the submission of the petition would follow the completion of the map and plan, as the map would identify that. area for which you would have to obtain signatures . If you have any questions relative to the foregoing, .I will be happy to respond to the same . Very truly yours, CORBALLY, GARTI,AND & RAPPLEYLA Jon Holden Adams JHA/lh cc : Town Board � c b 4 [((O(�3