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PROJECT MANUAL TOWN OF WAPPINGER CARNWATH AND HIGHWAY GARAGE SITES FUEL TANK IMPROVEMENTS DUTCHESS COUNTY, NEW YORK TOWN HALL OFFICES TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGER FALLS, NY 12590 (845) 297-2744 l~ ENGINEERING CONSULTANT FELLENZER ENGINEERING, L.L.P. 22 MULBERRY STREET MIDDLETOWN, NY 10940 TEL: (845) 343-1481 FAX: (845) 343-4986 E-MAIL: edf@fellp.com FE PROJECT NO. 06-673 March 8, 2007 PROFESSIONAL ENGINEERS LIC: NY, NJ, PA, VT, FL, MA, CT The undersigned certifies that to the best of my knowledge, information and belief, the plans and specifications are in accordance with applicable requirements of the New York State Fire Prevention and Building Code, the New York State Energy Conservation Construction Code and construction standards of , the New York State Education Department. Further, the undersigned certifies that no asbestos containing . \.rmaterial is specified. TABLE OF CONTENTS ~ INVITA TION TO BID INFORMA TION FOR BIDDERS BID PROPOSAL Schedule I - Bid Bond Schedule 2 - Offer of Surety Schedule 3 - Qualification of Bidder Schedule 4 - Non-Collusive Bidding Certificate Schedule 5 - Notice of Award Schedule 6 - Notice to Proceed Schedule 7 - Form of Bonds GENERAL CONDITIONS Appendix A, Prevailing Wage Rates DIVISION 1 - GENERAL REQUIREMENTS Section 0 II 00 Summary Section 01300 Administrative Requirements Section 01400 Quality Requirements ~ Section 01420 References Section 01500 Temporary Facilities & Controls Section 01600 Product Requirements Section 01732 Selective Demolition DIVISION 2 - EARTHWORK Section 02220 - Contaminated Materials Excavation, Staging, Loading, Transportation and Disposal Section 02700 - Site Concrete Work DIVISION 15 - MECHANICAL Section 15484 - Fuel Oil System CONTRACT DRAWINGS T-l Title Page M-l Site Plans and Details ~ - ITB-l to ITB-3 IFB-I to IFB-4 BP-I to BP-5 GC-I to GC-59 Number of Pages 1 2 2 3 2 2 2 5 4 Number of Pages 7 -" " \...,., INVITATION TO BID Sealed bids will be received by the Town Board of the Town of Wappinger, for the following contract: Carnwath and Highway Garage Sites -Fuel Tank Improvements Brief summary of project entails, but is not limited to: Carnwath - Disconnect existing fuel oil supply and return lines from the existing sub-base tank of the existing diesel generator and permanently closing the sub-base fuel tank as per CNYCRR 613 .9(b). Install a new 190-gallon "Fire-Hopper" fuel oil tank aboveground on concrete pad, install new supply and return fuel oil lines from new tank to connections at existing generator. Work to be done as required and as described in the Contract Documents. Highway Garage - Disconnect existing fuel oil supply and return lines from the existing underground fuel oil tank outside the garage and remove existing lines from existing furnace to inside containment sump of underground tank and cap. Install a new 1000-gallon "Fire- Hopper" fuel oil tank aboveground on concrete pad outside building, install new supply and return fuel oil lines from new tank to connections at existing furnace. Work to be done as required and as described in the Contract Documents. Proiect shall be completed in one phase. and must be completed by July 3. 2007 \ Bids shall be received at the Town of Wappinger-Town Hall, 20 Middlebush Road, Wappinger Falls, New York 12590, until II a.m., prevailing time on April 12. 2007 , and will be publicly opened and read aloud on. '-' In accordance with Town law, the successful bidder must have a Labor Apprenticeship program registered with the New York State Department oflabor. Plans, Specifications and Contract Documents for the proposed work will be on file and publicly exhibited starting March 20.2007 at the Town of Wappinger-Town Hall, 20 Middlebush Road, Wappinger Falls, New York 12590. The said plans and specifications may be obtained from the Town Clerk, at the Town of Wappinger at the above address, in person. The Contractors shall leave their names and correct mailing addresses upon receipt of the plans and specifications. A deposit check will be required for each set of plans and specifications distributed, which amount will be refunded only to those submitting formal bids and if said plans and specifications are returned in good condition, within two (2) weeks after their bids have been received. Deposit Check - Fee $100.00 per set - Payable to Town of Wappinger \, Each bid from a Contractor must be accompanied by a bid bond or certified check, payable to the Town of Wappinger, in the amount of five-percent (5%) of the total amount of the bid as security therefore. The bid bond or certified check shall be returned or refunded to the bidder on the condition that if the bid is accepted by the Owner, the bidder shall enter into a contract for the same, within ten (10) days after notification of award of contract. If no contract is awarded within 45 days of submittal of the bid, the bid may be withdrawn and the bid bond or certified check shall be returned or refunded. Each proposal must be accompanied by an Offer of Surety (Schedule 1), signed by the bidder and by the proposed surety. '-- ITB-I \ \...- At the time of execution of the Contract, the Contractor shall furnish the Owner the necessary bonds approved by the Town Attorney as to form and sufficiency. The required bonds shall be substantially conditioned to provide that the Contractor shall faithfully perform the Contract on his part, and shall satisfy all claims and demands incurred for the same, and shall indemnify the Town against any and all claims for damage on account of work performed under the Contract. The Contractor shall procure and maintain, at his expense, until final acceptance by the Owner of the work covered by the Contract, liability insurance for Workmen's Compensation and for bodily injury and property damage, and said insurance shall be kept in full force and effect by the Contractor by payment of the required premiums during the term of the work performed under the Contract. Pursuant to General Municipal Law, the bidder stipulates and agrees that any agreement shall be void and of no force or effect unless the person, entity or corporation making or performing such agreement secure compensation for the benefit of, and keeps insured during the life of such agreement its employees, in compliance with the Workers' Compensation Law. The Contractor shall furnish promptly upon demand by the Owner proof that said insurance remains in full force and effect. The Contractor's failure to procure or maintain said insurance shall constitute an act of default and entitle the Owner to terminate the Contract (as set forth in General Conditions, Article XIII) or, at the Owner's sole discretion, shall entitle the Owner to procure and maintain such insurance on behalf of the Contractor and at the Contractor's sole expense, and to charge the costs of all premiums against the Contractor's payment requisitions for the period in question. \, '-" All bids shall be submitted subject to the following conditions: 1. The Town Board reserves the right to reject any or all bids and re-advertise for new bids. 2. All bidders shall submit proof of responsibility, as required by the Town Board. 3. Each bid must contain the certificate of non-collusive bidding required by the General Municipal Law, relating to non-collusion (Schedule 4 hereto). 4. No bids shall be withdrawn for a period offorty-five (45) days after the receipt thereof, without the consent of the Town Board of the Town of Wappinger. 5. The bidder shall make allowance in his bid for any price increase in labor and materials. Requisitions for work and/or material shall be at the price bid with no additional charges for such increases. To all prospective bidders, there will be a pre-bid meeting and site tour on March 29, 2007. The site tour will take place at 1 :00 , beginning at the Work Site: Highway Garage, Highway Drive, Wappinger Falls, New York. This notice is issued in the name of the Owner, the Town of Wappinger, Wappinger Falls, New York. Dated: Chris Masterson Town Clerk Town of Wappinger Town Clerk's Office " '-" ITB-2 \ ~ \ '-' '" ~ ITB-3 P.O. Box 324, MiddleBush Road Wappinger Falls, New York 12590 ~ INFORMATION FOR BIDDERS PREPARATION OF BIDS Each bid or proposal must be typewritten or written in ink on the forms hereto annexed and signed by the bidder. The blank places in the proposal must be filled in as noted and no change shall be made in the phraseology of the proposal or in the items mentioned therein. Each proposal shall specify the correct gross sum in the manner hereafter described, for which the work will be performed according to the plans and specifications, together with a Lump Sum Bid and/or Unit Price Bid for each of the separate items as called for in the proposal. EXAMINA TION OF PROPOSED CONTRACT '-" Prior to bid submittal, the prospective bidder shall read and examine with care the Contract Documents (as defined in Article II of the General Conditions), and must, before bidding but no later than ten (10) days prior to bid opening, request of the Engineer in writing an interpretation or correction of every ambiguity, inconsistency, omission or error in the Contract Documents which a reasonably prudent bidder should discover. The bidder's failure to make said request shall constitute a waiver of the right to make any claim whatsoever, including without limitation claims for injunctive relief, damages or rescission by reason of any alleged ambiguity, inconsistency, omission or error in the Contract Documents. The Engineer shall issue in writing by mail to each person or entity of record having submitted the required deposit for Contract Documents its interpretation or correction, as well as any additional contract provisions the Engineer may deem necessary, and shall further post a copy of same at the places where the Contract Documents are kept available for inspection. Upon mailing and posting such interpretation, correction or additional contract provisions shall become a part of the Contract Documents and shall be binding on all bidders. Bidders are on notice that only the Owner's written interpretation or correction shall be valid and binding, and bidders shall not rely on any oral interpretation or correction, for which the Engineer shall not be responsible. PRE-BID INVESTIGA nON Prior to bid submittal, bidders shall view and investigate the site of the proposed construction work and adjacent area, and it shall be conclusively presumed that each bidder has full knowledge of all conditions on or around the site, which may affect in any way the performance of the work to be done under this Contract. The Owner makes no warranties or representations whatsoever with respect to site conditions. SUBMITTAL OF BIDS Bids accompanied by a certified check or bid bond must be submitted in a sealed, opaque envelope and appropriately marked with the name of the bidder, project and addressed to the Board advertising for bids, but otherwise unmarked. BID SECURITY Each bid or estimate must be accompanied by a certified check or satisfactory Bid Bond in the amount stated in the "Invitation To Bid", which shall be considered as a guaranty that the bidder will execute the Contract and comply with all the statutory provisions thereof within ten (10) days after the Contract form has been delivered to the Contractor by the Owner. \.., IFB - I '-' If the successful bidder fails to execute and return the Contract together with the required bonds within ten (10) days as aforesaid, the amount of the Bid Bond and Certified Check made by him shall be forfeited and retained by the Owner as liquidated damages for such failure; but if the Bidder executes the Contract and furnishes required bonds as aforesaid, the amount of the Bid Bond or Certified Check shall be returned to the bidder. INFORMAL BIDS Bids that are illegible or that contain omissions, erasures, alterations, additions, or items not called for in the itemized proposal, or that contain irregularities of any kind, may be rejected as informal. Any bid may also be deemed informal which does not contain prices set opposite each of the items for which there is a quantity exhibited in the itemized proposal or which shall, in any manner, fail to conform to the conditions of the published notice inviting proposals. The lump sum bid and/or unit prices and gross sum bid as called for in the Proposal shall be indicated in words and by figures. The Owner reserves the right to waive any informalities in or reject all bids submitted, or to accept the bid and award the Contract to the lowest responsible bidder therefore, as provided by law. BASIS OF A WARD - COMPARISONS OF BIDS ~ The Contract shall be awarded, if at all, to the lowest responsible bidder. In the case of Lump Sum Contracts, the lowest responsible bid shall be determined by a comparison of the lump sum prices bid, adjusted for alternate prices bid, if any. In the case of Unit Price Contracts, the lowest responsible bidder shall be determined by a comparison of the total, gross price for which the entire work will be performed, arrived at by computing the sum of the estimated quantities specified in the bid at their stated unit prices, as called for in the proposal and in conformity with the specifications. ERRORS IN BID In the event that the amount shown in words and its equivalent in figures do not agree, the written words shall be considered binding. In the event that the total, gross price set forth in the bid does not agree with the total of all the unit prices as computed from the estimated quantities, the total amount of said unit prices so computed shall be controlling and binding. UNBALANCED BID The Owner reserves the right to reject any bid in which the unit prices appear, in the judgment of the Engineer, to constitute an unbalanced, impracticable or unreasonable bid for such work. APPROXIMA TE QUANTITIES \..... Bidders are advised that the estimate of quantities of the various items of work and materials is approximate only, and is given solely for use as a uniform basis for the comparison of bids and shall not be made the basis of any claim against the Owner. Bidders are responsible for satisfYing themselves by personal examination of the site, the work proposed, and the contract documents including the specifications and drawings, and by their own judgment as to the quantities and character of the work to be done, and by such other means as a reasonably prudent bidder would deem necessary, as to the actual conditions and requirements of the work, and shall make their bids accordingly, it being understood that the Contractor will be paid only for the actual quantity of each item of work done at the price specified in the bid proposal. IFB - 2 \.... The Contractor shall assert no claim against the Owner on account of any variation between the estimated quantities and the actual quantities as measured when the work is complete, or on account of any mistake, misunderstanding or misconception as to the nature, location or amount of work to be performed by the Contractor under this Contract. WORK INCLUDED IN BID PRICE The lump sum price or, as the case may be, the gross sum price on a unit price contract, shall include all the labor and materials required for the entire completion of the contract work by the Contractor. The price as bid shall include without limitation the restoration, to no less than their original condition existing streets, sidewalks, lawns, driveways, terraces, and all other areas disturbed or damaged by the Contractor during the performance of the contract work. OFFER OF SURETY Attention is called to the Offer of Surety and Certificate of Surety in the form annexed hereto as Schedule "2" following the Form of Proposal which must be filled in by all bidders and submitted with their bid. SECURITY FOR FAITHFUL PERFORMANCE ~ Simultaneously with its delivery of the executed agreement, the successful bidder must deliver to the Owner an executed bond in the amount of 100 percent of the accepted bid, as security for the faithful performance of its Contract, an executed bond in the amount of 100 percent of the accepted bid, as security for the payment of all persons performing labor, or furnishing materials in connection therewith, prepared on the forms of Performance Bond and Labor and Material Payment Bond attached hereto as Schedule "7", and having as surety thereon, such surety company or companies as are acceptable to and approved by the Owner, and as are authorized to transact business in this State. MAINTENANCE BOND The Contractor shall, upon final completion and together with the submittal of its requisition for final payment, submit an executed Maintenance Bond in the amount often percent (10%) of the Final Contract Price for a period of two (2) years following the date of Final Completion, in the form annexed hereto under Schedule "7". QUALIFICA nON OF BIDDERS Annexed hereto as Schedule "3" is a form entitled "Qualification of Bidder", which the Contractor must complete and submit with the Proposal, setting forth its qualifications, financial references and references with regard to work of the same type as in this Contract performed by the bidder to completion within the last five (5) years. All bidders shall furthermore furnish a recent certified financial statement promptly at the Owner's request. The Owner shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform its obligations under the Contract, and the bidder shall furnish the Owner all such additional information and data for this purpose as the Owner may request. The right is reserved by the Owner to reject any bid, where the bidder has not provided such requested information, or the bidder does not satisfy the Owner that the bidder is qualified to properly carry out the terms of the Contract. ~ IFB - 3 \...., ~ ~ LABOR PREFERENCE AND WAGE RATES The successful bidder shall employ local labor, insofar as the same may be reasonably available. Attention of the Contractor is called to the requirements and obligations of Article XXV of the General Conditions relating to labor law requirements and prevailing wage rates, which are set forth in Appendix A to the General Conditions. INSURANCE The successful bidder shall procure and maintain in full force and affect the insurance specified in Article XXIV of the General Conditions. CERTIFICA TE OF NON-COLLUSIVE BIDDING Each bidder shall submit the certificate of non-collusive bidding annexed hereto as Schedule 4. TIME OF COMPLETION The rate of progress of the work shall be such that the entire work covered shall be fully completed as stated in the Invitation to Bid. LIQUIDA TED DAMAGES The contractor agrees to compensate the owner in the amount of $200.00 per each calendar day, plus any regulatory fines (DEC, EPA, etc.), for work not completed as indicated in contract documents. IFB - 4 '-' '-" '-" BID PROPOSAL FOR: CARNW ATH AND HIGHWAY GARAGE SITES - TOWN OF WAPPINGER FUEL TANK IMPROVEMENTS Date Project No. Proposal of (hereinafter called "Bidder") organized and existing under the laws of the State of New York, To the Town of Wappinger (hereinafter called "Owner") Gentlemen: The Bidder, in compliance with your invitation for bids for: Carnwath and Highway Garage - Fuel Tank Improvements Having examined the plans and specifications with related documents ("Contract Documents") and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. The Bidder hereby agrees to commence construction work on this Contract within ten days after the execution of the Contract unless a later starting date is specified, by the Engineer, in the written "Notice to Proceed", The rate of progress of the work shall be as specified in the Information for Bidders. BP-I PROPOSAL '--' Town of Wappinger Camwath and Highway Garage - Fuel Tank Improvements LUMP SUM PROPOSAL The undersigned Bidder agrees to perform all the work described in the specifications and shown on the Drawings for the total Sum of: $ .00 DOLLARS UNIT PRICE SCHEDULE: A. Remove and dispose of petroleum contaminated soil and replace with clean fill, including compaction, as specified. $ Per Cubic Yard WORK TO BE COMPLETED INCLUDES. BUT IS NOT LIMITED TO: '--' Carnwath - Disconnect existing fuel oil supply and return lines from the existing sub-base tank of the existing diesel generator and permanently closing the sub-base fuel tank as per CNYCRR 613.9(b). Install a new 190-gallon "Fire-Hopper" fuel oil tank aboveground on concrete pad, install new supply and return fuel oil lines from new tank to connections at existing generator. Work to be done as required and as described in the Contract Documents. Highway Garage - Disconnect existing fuel oil supply and return lines from the existing underground fuel oil tank outside the garage and remove existing lines from existing furnace to inside containment sump of underground tank and cap. Install a new IOOO-gallon "Fire- Hopper" fuel oil tank aboveground on concrete pad outside building, install new supply and return fuel oil lines from new tank to connections at existing furnace. Work to be done as required and as described in the Contract Documents. *Work may commence simultaneously based on contractors work capacity. Work must be completed by date as stated in "Invitation to Bid". SALES TAX EXEMPTION State and local sales taxes on construction materials required for construction shall not be included in the bid. The Town of Wappinger is exempt from payment of State and Compensating Use Taxes of the State of New York on all materials sold to it, used on, or for the project pursuant to the provisions of the Contract Documents. '-' The purchase by subcontractors of materials to be furnished pursuant to the provisions of the Contract shall be a purchase for resale to the Contractor (either directly or through other BP-2 '--' '-' '-' subcontractors) and hence exempt from sales tax, regardless of the terms of the Contract between the prime contractor and the subcontractor. PROPOSAL The Bidder further agrees to pay, as liquidated damages, for each consecutive calendar day thereafter, the amount specified in the Information for Bidders. Name of Bidder By: Title Address City, State, Zip Telephone Number ADDENDA The Bidder acknowledges the receipt of the following Addenda, but he agrees that he is bound by all Addenda whether or not listed herein: ADDENDUM NUMBERS AND DATES Number 1 Number 2 Number 3 Number 4 Dated Dated Dated Dated Signature Bidder, Title BP- 3 TITLE TO MATERIALS ~ Title to all materials furnished by the undersigned Contractor to the Owner, pursuant to the provisions of the Contract, shall immediately vest in the District upon payment by the Owner for such materials irrespective of whether such materials are installed or incorporated in the project. Such materials shall then become the sole property of the Owner, subject to the right of the Owner and the Engineer to reject the same, within a reasonable period, for failure to conform to the standards or specifications of the Contract Documents or the purchase orders. Notwithstanding such transfer of title, the Contractor shall have the sole continuing responsibility to install such materials, protect them, maintain them in proper condition, and forthwith repair, replace and make good any damage thereto, without cost to the Owner until such time as the work covered by this Contract is fully accepted by the Owner and the two year Guarantee period set forth in Article XX of the General Conditions has expired. Such transfer of title shall in no way effect any of the Contractor's obligations under the Contract. In the event that, after title has passed to the Owner, any of such materials are rejected as being defective or otherwise unsatisfactory within the two year Guarantee Period, the Contractor shall then replace said defective or unsatisfactory materials with other acceptable materials at no additional cost to the Owner. The Owner shall not be responsible for materials lost, stolen or damaged. Pursuant to the foregoing Information for Bidders, attached hereto is a certified check or bid bond for the sum of 5% of the total amount of the bid submitted, as well as a fully executed offer of surety. '-' In the event this proposal is accepted by the official Board and the undersigned fails to execute the Contract and furnish a satisfactory bond as required in the foregoing Information for Bidders within ten (10) days, from the date of notification of the awarding of the Contract, then the said Board, may, at its option, determine that the undersigned has abandoned the Contract, and thereupon this proposal shall be null and void, and the certified check or bid bond accompanying this proposal shall be forfeited to and become the property of the Owner as liquidated damages for such failures or neglect; otherwise, such check or bid bond shall be returned to the undersigned. The word "Bidder" as used in this proposal is to be understood to include the individual, firm or corporation making this proposal. In case a firm shall be the Bidder, it is understood that all statements herein contained shall apply to the firm and each member thereof. The following are the first and last names of the Bidder, if an individual, and in the case of a corporation, the names of the president, treasurer and manager, or if a partnership, the names of each general partner. NAME ADDRESS SOCIAL SECURITY NO. \.... Signature: BP-4 '-' '-" \....- Name and Business Address of Bidder: Employer's Identification No. Dated: IF THE BIDDER IS A CORPORATION, FILL OUT THE FOLLOWING: Resolved that be authorized to sign and submit the bid or proposal of this corporation for the following project: CARNWATH AND HIGHWAY GARAGE SITES - TOWN OF WAPPINGER FUEL TANK IMPROVEMENTS and to include in such bid or proposal the certificate as to non-collusion required by the General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in such certificate, this corporate bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by corporation at a meeting of its Board of Directors held on the day of ,2007. CORPORA nON SEAL Secretary Bidder Dated: BP-5 '-" '-' \..,., SCHEDULE 1 BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT (Here insert the name and address ofthe Contractor) as Principal, hereinafter called the Principal, and (Here insert the name and address of the Surety) as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert the name and address of the Owner) as Obligee, hereinafter called the Owner, in the amount of Dollars ($ ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the above obligation is such that whereas the principal has submitted to the Owner a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for NOW, THEREFORE, (a) If said Bid sh~ll be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract Agreement as stipulated in the INFORMA nON FOR BIDDERS attached hereto, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. BB -1 The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its \.....- Bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid: and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument, by a duly authorized person or officer in the case of a corporation, under their several seals on the date indicated below. Signed and sealed this day of Principal Title ATTEST: Witness Surety Title ATTEST: "-' Witness , 2007. SEAL SEAL \..... BB-2 '-' ~ \....- SCHEDULE 2 OFFER OF SURETY In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for provision of a faithful perfonnance bond, and a labor and materials bond, the following surety: Surety Company Signed: Bidder CERTIFICATE OF SURETY, to be signed by a duly authorized official, agent, or attorney of the Surety Company. In the event that the above proposal is accepted and the Contract for the work is awarded to said Name of Bidder the Surety Company will execute the Surety Bonds as hereinbefore provided. Signed: Authorized Official, Agent, or Attorney Date: OS-1 '-' "-" \.... SCHEDULE 3 QUALIFICATION OF BIDDER: State the name, address and phone number of each project owner, Owner's representative whether engineer or architect, or contractor as the case may be, for whom work has been performed within the last five (5) years; the name and address of the project and contract designation; and the nature, location and date of the work performed. FINANCIAL REFERENCES: Name Address Telephone No. Relationship to Bidder QB-I ~ '-" '-' SCHEDULE 4 NON-COLLUSIVE BIDDING CERTIFICATE Pursuant to General Municipal Law, the undersigned Bidder and each person signing on behalf of Bidder, and in the case of a joint bid, each party thereto, certifies as to its own organization under penalty of perjury that to the best of their knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of 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 been knowingly disclosed by the bidder, and will not knowingly be disclosed by the Bidder prior to opening, directly, to any other bidder or to any competitor; and (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 the purpose of restricting competition. Name of Bidder By: Address ACCEPTED: (Date) NCBC-I '--' '-" \...- SCHEDULE 5 NOTICE OF AWARD RE: Carnwath and Highway Garage Sites Fuel Tank: Improvements, Town of Wappinger TO: PROJECT DESCRIPTION: The OWNER has considered the BID submitted by you for the above described WORK in response to its INVITATION TO BID dated You are hereby notified that your BID has been accepted for the amount of $ Unit prices shall be per the attached bid proposal as approved by the Engineer. for base bid. You are required by the Information for Bidders to execute the CONTRACT and furnish the required CONTRACTOR'S Performance Bond and Labor and Material Bond within ten (10) days from the receipt of this NOTICE OF A WARD. If you fail to execute said CONTRACT and to furnish said BONDS within said specified period of time, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. I. You, as the low bidder, are also required to return an acknowledged copy of this NOTICE OF A WARD to the TOWN CLERK within ten (10) calendar days of the date of this Notice by certified mail, return receipt requested. 2. The Contract Signing has been scheduled for the _day of . 2007, at (prevailing local time) at the Town of Wappinger, Town Hall, 20 Middlebush Road, Wappinger, New York 12590. NOTICE OF A WARD, dated this_day of ,2007. Fellenzer Engineering LLP ACCEPTANCE OF NOTICE OF A WARD is hereby acknowledged By: Eric D. Fellenzer PE Partner this the day of ,2007. By: Title: NOA-l '-" '-" \... SCHEDULE 6 NOTICE TO PROCEED RE: TO: Camwath and Highway Garage Sites Fuel Tank Improvements, Town of Wappinger PROJECT DESCRIPTION: You are hereby notified to commence work in accordance with the above referenced CONTRACT dated . 2007 within ten calendar days of . 2007 and that you are to fully complete the CONTRACT within 90 consecutive calendar days of , 2007. You, as the CONTRACTOR, are required to return an acknowledged copy of the NOTICE TO PROCEED to the ENGINEER within ten (10) calendar days of the date ofthis Notice by certified mail, return receipt requested. NOTICE TO PROCEED dated this _ day of ,2007. Fellenzer Engineering, LLP By: Eric D. Fellenzer, P.E. Partner ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged By: Title: Date: NTP-I SCHEDULE 7 '-' FORM OF BONDS Each bid from a Contractor must be accompanied by a bid bond or certified check, payable to the OWNER, in the amount of five-percent (5%) of the total amount of the bid as security therefore. The bid bond or certified check shall be returned or refunded to the bidder on the condition that if the bid is accepted by the Owner, the bidder shall enter into a contract for the same, within ten (10) days after notification of award of contract. If no contract is awarded within 45 days of submittal of the bid, the bid may be withdrawn and the bid bond or certified check shall be returned or refunded. Each proposal must be accompanied by an Offer of Surety (Schedule 1), signed by the bidder and by the proposed surety. At the time of execution of the Contract, the Contractor shall furnish the Owner the necessary bonds approved by the City Attorney as to form and sufficiency. The required bonds shall be substantially conditioned to provide that the Contractor shall faithfully perform the Contract on his part, and shall satisfy all claims and demands incurred for the same, and shall indemnify the Town against any and all claims for damage on account of work performed under the Contract. '--' '-" ~ \.- '--- LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT (Here insert the name and address of the Contractor) as Principal, hereinafter called the Principal, and (Here insert the name and address of the Surety) as Surety, hereinafter called the Surety, are held and finnly bound unto (Here insert the name and address of the Owner) as Obligee, hereinafter called the Owner, for the use and benefit ofthe claimants as herein below defined, in the amount of Dollars ($ ) LMB-I ~ 1. Wages and compensation for labor performed and services rendered by all persons engaged in the prosecution of the Work under said Contract; and any amendment or extension thereof or addition thereto, whether such persons be agents, servants or employees of the Principal or of any such subcontractor, including all persons so engaged who perform the work of laborers or mechanics at or in the vicinity of the site of the Project regardless of any contractual relationship between the Principal or such subcontractors, or its or their successors or assigns, on the one hand and such laborers or mechanics on the other, but not including office employees not regularly stationed at the site of the project; and 2. Materials and supplies (whether incorporated in the permanent structure or not), as well as utilities, power, heat, electricity, fuels, oils, implements or machinery furnished, used or consumed by said Principal or any subcontractor at or in the vicinity of the site of the Project in the prosecution of the Work under said Contract and any amendment or extension thereof or addition thereto; then this obligation shall be void; otherwise to remain in full force and effect. 3. This bond is subject to the following additional conditions, limitations and agreements: """ (a) The Principal and Surety agree that the bond shall be for the benefit of any material man or laborer having a just claim, as well as the Owner itself. (b) All persons who have performed labor, rendered services or furnished materials and supplies, as aforesaid, shall have a direct right of action against the Principal and its or their successors and assigns, and the Surety herein, or against either or both or any of them and their successors and assigns. Such persons may sue in their own name, and may prosecute the suit to judgment and execution without the necessity of joining with any other person as party plaintiff. (c) The Principal and Surety agree that neither of them will hold the Owner liable for any judgment for damages or for costs or otherwise, obtained by either or both of them against a laborer or material man in a suit brought by either a laborer or material man under this bond for moneys allegedly due for performing work or furnishing material. In no event shall the Surety, or its successor or assigns, be liable for a greater sum than the '-' LMB-2 ~ penalty of this bond or be subject to any suit, action or proceeding hereon that is instituted by any person, firm, or corporation hereunder later than two years after the complete performance of said Contract and final settlement thereof. (d) Notwithstanding any of the foregoing limitations herein, this bond shall secure the prompt payment or discharge otherwise of any claim filed with the provisions of the Labor or Lien Law of the State of New York, governing liens on account of public improvements, notice of which is given by the Obligee to the Surety within thirty (30) days after the filing thereof with the Obligee, addressed to the Surety at its regular place of business. 4. The Principal, for itself and its successors and assigns, and the Surety, for itself and its successors and assigns, do hereby expressly waive any objection that might be interposed as to the right of the Owner to require a bond containing the foregoing provisions, and they do hereby further expressly waive any defense which they or either of them might interpose to an action brought hereon by any person, firm or corporation, including subcontractors, material men and third persons, for work, labor, services, supplies or material performed, \...... rendered, or furnished as aforesaid upon the ground that there is no law authorizing the Owner to require the forgoing provisions to be placed in this bond. 5. And the Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety, and its bonds shall be in no way impaired or affected by any extension of time, modification, omission, addition, or change in or of the said Contract or the work to be performed hereunder, or by any payment hereunder before the time required therein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer thereof or of any part thereof, or of any Work to be performed, or any moneys due or to become due hereunder and said Surety does hereby waive notice of any and all of such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, Subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Principal. \.....- LMB-3 '-' '-' ~ IN WITNESS WHEREOF, the Principal and Surety have executed this instrument, by a duly authorized person or officer in the case of a corporation, under their several seals on the date indicated below: Signed and sealed this day of ,2003. CORPORA nON SEAL Principal Title ATTEST: Witness SURETY SEAL Surety Title ATTEST: Witness LMB-4 MAINTENANCE BOND '-'- KNOW ALL MEN BY THESE PRESENTS, THAT WE, of (hereinafter called the Principal), as Principal, and (Here insert the name and address of the Surety) authorized to become Surety in the State of (hereinafter called the Surety) as Surety, are held and firmly bound unto (hereinafter called the Owner) in the penal sum of Dollars ($ ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the Owner dated for in accordance with the drawings and specifications prepared by , which contract is by reference made a part hereof, and is hereafter referred to as the Contract. WHEREAS, said Contract, in General Conditions Article XX, provides that the Principal will furnish a Bond conditioned to guarantee for the period of two years following final acceptance of the Work by the Owner, or two years following completion of any corrective action as defined therein, as the case may be, against all defects in workmanship and materials which may become apparent during said Guarantee Period; ~ NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, the Principal shall indemnify the Owner for all loss and damage that the Owner may sustain by reason of any defective materials or workmanship which become apparent during the Guarantee Period, and if the Principal so performs, then this obligation shall be void, but otherwise to remain in full force and effect. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument, by a duly authorized person or officer in the case of a corporation, under their several seals on the date indicated below: Signed and sealed this day of ,2003. CORPORA TION SEAL Principal Title ATTEST: Witness SURETY SEAL Surety Title ATTEST: Witness '-' MB-I PERFORMANCE BOND '-" KNOW ALL MEN BY THESE PRESENTS, THAT Harry F. Rotolo & Sons. Inc. 390 East Main Street Middletown. NY 10940 (Here insert the name and address of the Contractor) as Principal, hereinafter called the Principal, and Selective Insurance Co. of America. 40 Wantage Avenue. Bond SBU Branchville. NJ 07890 (Here insert the name and address of the Surety) as Surety, hereinafter called the Surety, are held and finnly bound unto City of Middletown. 16 James Street Middletown. NY 10940 (Here insert the name and address of the Owner) as Obligee, hereinafter called the Owner, for the use and benefit of the claimants as herein below defined, in the amount of Fifty Nine Thousand Nine Hundred Eighty Nine Dollars Dollars ($ 59.989.00 ) WHEREAS, Principal has by written agreement dated January 9 ,2006 entered into a contract with the Owner for Security Camera in accordance with the drawings and specifications prepared by Fellenzer Engineering. LLP which contract is by reference made a part hereof, and is hereinafter referred ~ to as the Contract. PB-I ~ NOW, THEREFORE, the conditions of this obligation are such that if the Principal, or its representatives or assigns, shall well and faithfully perform the said Contract and all modifications, amendments, additions and alterations thereto that may hereafter be made, according to its terms and its true intent and meaning, including repair and/or replacement of defective work and guarantees of maintenance for the periods stated in the Contract, and shall fully indemnify and save harmless the Owner from all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay for all outlay and expense which the Owner may incur in making good any such default, and shall protect the said Owner against, and pay any and all amounts, damages, costs and judgments which mayor shall be recovered against said Owner or its officers or agents of which the said Owner may be called upon to pay to any person or corporation by reason of any damages arising or growing out of the doing of said Work, or the repair or maintenance thereof, or the manner of doing the same, or the neglect of the said Principal, or its agents or servants, or the improper performance of the said Work by the said Principal, or its agents or servants, or the infringement of any patent or patent rights by reason of the use of any materials furnished or work done as aforesaid or otherwise, then this obligation shall be null and void, otherwise ~ to remain in full force and effect. \... \......- The Surety, for value received, hereby stipulates and agrees, if requested to do so by the Owner, to fully perfonn and complete the Work to be perfonned under the Contract, pursuant to the terms, conditions, covenants thereof, if for any cause, the Principal fails or neglects to so fully perform and complete such Work. The Surety further agrees to commence such work to completion within thirty (30) days after written notice thereof from the Owner and to complete such Work within such time as the Owner may fix. The Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of time, modification, omission, addition, or change in or to the said Contract or the Work to be perfonned there under, or by any payment there under before the time required therein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer thereof or of any Work to be performed or any moneys due or to become due there under; and said Surety does hereby waive notice of any and all of such extensions, PB-2 '-' modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to said Surety as though done or omitted to be done by or in relation to said Principal. No right of action shall accure on this bond to or for the use of any person or corporation other than the Owner named herein or the assigns or successors of the Owner. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument, by a duly authorized person or officer in the case of a corporation, under their several seals on the date indicated below. Signed and sealed this day of ,2006. SEAL Principal Title \w ATTEST: Witness SEAL Surety Title ATTEST: Witness \..... PB-3 ACKNOWLEDGEMENT OF SURETY \.... STATE OF COUNTY OF ) ) ) SS: On this day of ,2006, before me personally came and appeared to be known, who, being by me duly sworn, did depose and say that he (she) resides at , that he (she) is the of_ the corporation described in and which executed the foregoing instrument; that he (she) knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the Directors of said corporation; and that he (she) signed his (her) name thereto by like order. ~. (SURETY SEAL) Notary Public AS-I '-'" '-" GENERAL CONDITIONS ARTICLE I Statement of Performance and Compensation The Contractor, at its own sole cost and expense, shall furnish all labor and services and all l.l material and equipment necessary to perform the Contract Work and all work incidental thereto and shall perform all such work to completion in strict accordance with the Contract Documents as defined herein and subject to the satisfaction and approval of the Owner, within the time specified in the Information for Bidders, and further subject to all the covenants, agreements, promises, and conditions hereto. 1.2 The Owner shall pay and the Contractor shall accept, in full consideration of the Contractor's performance of the Contract, subject to additions and deductions as provided herein, the sum of: Base bid: $ approved by the Engineer. . Unit prices will apply as provided in the attached bid proposal as ~ ARTICLE IT Definitions 2.1 The Contract. The following shall be referred to as the "Contract Documents" and shall be deemed to be a part of this Contract: a. Invitation to bid and information for bidders; b. Proposal or bid; Qualification of Bidder; Notice of Intent to Award; c. d. \..- GC-I ~ ,--,. ~ e. Notice of Award; f. Notice to Proceed; g. General Conditions; h. Special Conditions; 1. Specifications; J. Drawings; k. All Addenda issued by Owner; l. All provisions required by law to be deemed included in this Contract whether or not actually appearing therein; m. Performance and Payment Bonds. 2.2 "ADDENDUM" or "ADDENDA" shall mean those additional contract provisions issued in writing by the Owner prior to receipt of bids. 2.3 "CHANGE ORDER" shall mean those written orders, specified in Article IX, by which the Owner may order revisions, additions, or omissions to the Work. 2.4 "CONTRACT" shall mean the agreement between the parties as expressed in those Contract Documents referred to in Paragraph 2.1 of this Article. 2.5 "CONTRACT PRICE" shall mean the lump sum price, or gross price in the case of a unit price contract, provided in Article I for which Contractor agrees to perform the Work. 2.6 "CONTRACTOR" shall mean the party of the second part hereto, whether corporation, partnership, joint venture, or individual, or any combination thereof, and its, their or his or her successors, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be legally substituted in the place of the party of the second part under this Contract. GC-2 '-' '-" \....- "OTHER CONTRACTORS" shall mean any contractor (other than the party of the second part or its sub- contractors) who has a contract with the Owner for work on or adjacent to the building or site of the work. 2.7 "CONTRACT DRAWINGS" shall mean only those drawings specifically entitled as such and listed in the specifications or in any addenda, or any detailed drawings furnished by the Owner, pertaining or supplemental thereto. 2.8 "CONTRACT WORK" shall mean everything required to be furnished and done by the Contractor by anyone or more of the parts of the Contract referred to in Paragraph 2.1 hereof, except Extra Work as hereinafter defined; it being understood that, in case of any inconsistency or ambiguity in or between any part or parts of this Contract, the Owner shall determine which shall prevail. 2.9 DISPUTED WORK" shall mean work which the Contractor is ordered to perform, and which the Contractor claims should be considered Extra Work and not Contract Work and which the Owner claims is Contract Work. 2.10 "ENGINEER" shall mean the Engineer of the Owner duly designated by the Owner to be its representative at the site of the work, to administer the Contract and to exercise all the duties and rights to which the Engineer is entitled under the Contract and the Engineer's agreement with the Owner. 2.11 "EXCUSABLE DELAY" shall mean delay in the Contractor's performance of the Work which arises through no fault, error, act or omission of the Contractor. 2.12 "EXTRA WORK" shall mean work duly authorized other than that required by the Contract at the time of its execution. 2.13 "FINAL ACCEPTANCE" shall mean final acceptance of the work by the Owner, as evidenced by its authorized signature upon the Certificate of Final Completion, a copy of which shall be sent to the Contractor. Such acceptance shall be deemed to have taken place as of the date so stated in such GC-3 '-' ~ ~ Certificate. 2.14 "MATERIALMAN" shall mean any person, firm or corporation, other than employees of the Contractor, who or which contracts with the Contractor, or any Subcontractor, to fabricate or deliver, or who actually fabricates or delivers, plant, materials or equipment incorporated in the Work. 2. I 5 "MEANS AND METHODS OF CONSTRUCTION" shall mean the labor, materials, temporary structures, tools, plant, and construction equipment, and the manner and time of their use, necessary to accomplish the result intended by this Contract. 2.16 "PROJECT" shall mean the public improvement to which this Contract relates. 2. I 7 "SITE" or "PROJECT SITE" or "WORK SITE" shall mean the area upon or in which the Contractor's operations are carried on, and such other areas adjacent thereto as may be designated as such by the Engineer. 2.18 "SPECIFICATIONS" shall mean all of the directions, requirements and standards of performance applying to the work as hereinafter detailed and designated under the Contract Document entitled "Specifications". 2.19 "SUBCONTRACTOR" shall mean any person, firm or corporation, other than employees of the Contractor, who or which contracts with the Contractor or his Subcontractors to furnish, or actually furnishes labor, or labor and materials, or labor and equipment, at the site. 2.20 "WORK" shall mean everything required to be furnished and done by the Contractor under the Contract, and shall include both Contract Work and Extra Work. GC-4 '-" ARTICLE ill The Work and Its Performance 3.1 Character of the Work. The Contractor agrees to perform and complete the Work in strict accordance with the Contract Documents, with the best modem practice, and with workmanship and materials of the highest quality so as to achieve the results intended by the Contract Documents and to the satisfaction of the Owner and the Engineer. 3.2 Contractor's Warranties. The Contractor warrants and represents that the Work shall satisfy all the requirements of the Contract and shall conform strictly to the Contract Drawings and Specifications; be completed free from fault and defects; be of the highest quality and incorporate only new materials and equipment unless the Contract otherwise provides; be free of liens and encumbrances; be constructed in compliance with all applicable laws and insurance requirements; and be fit for the intended use and purpose. The Contractor further warrants and represents that it has reviewed carefully the Contract Documents, and that the Contractor can perform the Contract Work for the Contract Price and can achieve ~ Substantial Completion on or before the scheduled completion date as specified in the Information for '--' Bidders. 3.3 Means and Methods of Construction. The Contractor shall, at its own expense, provide all labor, materials, apparatus, scaffolding, appliances, utensils, tools, machinery, transportation and cartage and whatever else may be required of every description necessary to perform and complete the Work, and shall be solely responsible for the same and for the safe, proper and lawful construction, maintenance and use thereof. Unless otherwise expressly provided in the Contract Drawings, Specifications or Addenda, the Contractor shall be responsible for choosing the means and methods of construction; subject, however, to the Engineer's right to reject means and methods proposed by the Contractor which: GC-5 \.. '-' '-' a. Will constitute or create a hazard to the work, or to persons or property; or b. Will not produce finished work in accordance with the terms of the Contract. The Engineer's acceptance of the Contractor's means and methods of construction, or the Engineer's failure to exercise its right to reject such means or methods, shall not relieve the Contractor of any of its obligations under the Contract; nor shall the exercise of such right to reject create any claim or cause of action for damages, which Contractor hereby expressly waives. 3.4 Shop Drawings. The Contractor shall submit on a timely basis all Shop Drawings and revisions thereto, as provided in the Special Conditions. 3.5 Utilities. The Contractor shall have sole responsibility for making all arrangements with respective utilities for the relocation of utility lines and facilities or the interruption or resumption of service, as may be provided in the Special Conditions and Specifications, and waives all claims against the Owner, its employees, agents or representatives for damages relating to or arising therefrom. 3.6 Contractor's Familiarity with Site and Work Conditions. The Contractor represents that it has inspected and is familiar with the nature and location of the Project Site and all physical conditions relating to the Work, including without limitation utilities, location of utility lines, existing buildings and structures, roads, streets, access to and from the Project Site, topographical conditions, local climate and weather conditions, surface conditions, and normal and foreseeable soil, rock, water and subsurface conditions. 3.7 Unforeseeable Conditions. The Contractor shall be solely responsible for performing to completion all its Work notwithstanding the existence of any surface or subsurface conditions, whether foreseeable or unforeseeable. The Contractor shall perform under Change Order any Extra Work, pursuant to Article IX, required by reason of Unforeseeable Conditions and shall accept Extra Payment therefor, as GC-6 \...- ~ \..,.. the Contractor's total compensation for any and all losses, damages or expenses arising out of or relating to Unforeseeable Conditions. The Contractor shall give further written notice to the Engineer within three (3) days after discovery of any condition which the Contractor claims to be an Unforeseeable Condition. The Contractor waives and releases any right to Extra Payment relating to an Unforeseeable Condition if the Contractor fails to give such notice as provided. 3.8 Representative Detail. All specifications, notations, or details in the Contract specifically applicable to one or a number of similar situations, materials or processes, or shown as typical or representative, shall apply to all similar situations, materials, or processes, wherever appearing in the Work, unless the Contract clearly requires a contrary result. A typical or representative detail indicated on the Contract Drawings shall be the standard of workmanship and material in all corresponding parts of the Work. Where necessary, and where inferable from the Contract Drawings and Specifications, the Contractor shall adapt such representative detail for all corresponding parts of the Work. All references in the Contract to materials, equipment, or facilities shall be construed to require the Contractor to furnish the same in accordance with the grades and/or standards indicated in the Contract. Where the Contract does not specifY any explicit quality or standard for materials or workmanship, the Contractor shall use only workmanship and new materials of the best quality. 3.9 Measurements. The Contractor shall be responsible for all measurements required for execution of the Work to the exact position and elevation as required by the Contract. Before executing any work, Contractor shall verifY all measurements by inspection or examination at the Site. Contractor acknowledges that the Contract Drawings do not necessarily show all variations in alignment, elevation, or dimension required to satisfY architectural and structural limitations; and Contractor assumes responsibility for the proper and correct construction. . GC-7 3.10 Interpretation of Contract Documents. The Contractor shall submit to the Engineer, pursuant to Article XII, all issues, questions, and problems concerning the meaning and intent ofthe Contract, including issues resulting from inconsistencies between or among any documents forming part of the Contract. The Engineer's determination shall be conclusive, final and binding on the Contractor. 3.11 Permits. The Contractor shall secure all permits, licenses, and approvals required under the Contract or otherwise necessary for the proper performance and completion of the Work. 3.12 Specifications and Drawings. The Contract Specifications and Drawings and all other Contract Documents are intended to supplement each other, and together constitute one complimentary set of plans, so that any work exhibited in the one and not in the other shall be executed just as if it had been set forth in all, in order that the Work shall be completed in every respect according to the complete design or designs as decided and determined by the Engineer. Should anything be omitted from the Specifications or Drawings which is necessary to a complete understanding of the Work, or should any error appear either in the various drawings furnished or in the work done by other Contractors affecting the Work covered hereby, ~ the Contractor shall promptly notify the Engineer in writing, pursuant to Article XII within three (3) days of discovery of the error or omission. In the event of the Contractor's failure to do so, he shall make good any '--' damage or defect in his work cause by reason of such error or omission and waives any claim for Extra Payment therefor. 3.13 Satisfaction of the Owner and Engineer. All work under this Contract shall be done to the satisfaction of the Owner and Engineer. The Engineer shall determine the quantity, quality, acceptability and fitness of the various items of work and materials to be furnished and paid for hereunder, and whether the Contractor has performed in accordance with the Specifications and Drawings. The Engineer may direct the Contractor to correct or remove such materials or work as in the Engineer's opinion are not in '-" GC-8 ~ accordance with the Specifications or Drawings and to substitute therefor without delay other work and '-' materials, and in such event the expense of doing so and of making the directed correction or substitution shall be borne solely and fully by the Contractor. The detennination of the Engineer in all such matters shall be conclusive, final and binding upon the Contractor. 3.14 Contractor's Duty to Correct Defective Work. Upon notification from the Engineer, the Contractor shall, at its own cost, promptly correct any and all defects, including without limitation settlement, shrinkage, and nonconfonning materials, in its Work or in that of any Subcontractor employed by the Contractor which occur due to the fault of the Contractor or its Subcontractors during the progress of the Work or which appear within twelve (12) months after the date of Final Acceptance. If, within ten (10) days after mailing of notice in writing to the Contractor or its agents of the occurrence or appearance of any such defect the Contractor has not corrected such defect, the Owner may correct such defect. In the event of an emergency where, in the opinion of the Engineer, delay could cause serious loss or damage to persons or property, the Owner may correct such defect without advance notice. The Engineer shall detennine the cost to the Owner of any defect corrected by the Owner, whose detennination shall be conclusive, final and binding, and such cost shall be borne solely by the Contractor. All sums or expenses so incurred by the Owner shall be deducted or offset from money when due or thereafter due from the Owner to the Contractor. 3.15 Lines. Marks and Grades. The Contractor shall, at its own expense, promptly furnish all labor and materials necessary or proper for marking and preserving all lines, marks or grades that may be given to the Contractor by the Engineer. The Contractor shall carefully follow and preserve all the lines, marks and grades given by the Engineer, and shall notify the Engineer promptly whenever the Contractor will need lines, marks or grades other than those which have already been provided, and the Contractor shall \.....- GC-9 '-' '--' \....r not be entitled to any extension of time for delays occurring in the giving of any lines, marks or grades by the Engineer unless twenty-four hours notice in writing is given to the Engineer that additional lines, marks and grades as the case may be are needed. All Work shall conform to the lines and grades by the Engineer in accordance with the said plans, it being understood and agreed, however, that such lines and grades may be from time to time modified in the discretion of the Engineer. 3.16 Inspection. During the progress of the Work and up to the date of Final Acceptance, the Contractor shall at all times afford the Owner and its representatives access to its Work Site and every reasonable, safe and proper facility for inspecting all 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 Contractor shall also provide such access to representatives of the United States Environmental Protection Agency, the New York State Department of Environmental Conservation, and all other duly authorized governmental authorities. The Contractor's obligations hereunder shall include the uncovering or taking down of finished Work, and its restoration thereafter; provided, however, that the order to uncover, take down and restore shall be in writing, and further provided that if work thus exposed proves satisfactory, such uncovering or taking down and restoration shall be considered an item of Extra Work to be paid for in accordance with the provisions of Article IX hereof. 3.17 Inspection and acceptance by the Owner. Inspection by the Owner and/or the Engineer or their representatives of finished Work or of Work being performed, or of materials and equipment at the place of manufacture, preparation or storage, shall not relieve the Contractor of its obligation to perform the Work in strict accordance with the Contract. Finished or unfinished Work found not to be in strict accordance with the Contract shall be replaced as directed by the Engineer at Contractor's sole cost, even though such work may have been previously accepted and paid for. Rejected work and materials shall be GC-IO ~ '-" ~ promptly taken down and removed from the Site, which must at all times be kept in a reasonably clean and neat condition. 3.18 Protection of Work and of Persons and Property. During performance and up to the date of Final Acceptance, the Contractor shall be under an absolute obligation to protect the unfinished Work as well as materials and equipment against any damage, loss or injury; and, in the event of such damage, loss or injury, he shall promptly replace or repair such Work, whichever the Engineer in its discretion shall determine to be preferable. The obligation to deliver finished Work in strict accordance with the Contract prior to Final Acceptance shall be absolute and shall not be affected by the Engineer's approval of or failure to prohibit means and methods of construction used by the Contractor. During performance and up to the date of Final Acceptance, the Contractor must take all reasonable precautions to protect persons and property of the Owner and of others from damage, loss or injury resulting from its or its Subcontractors' operations under this Contract. The Contractor's obligation to protect shall include the duty to provide, place and adequately maintain at or about the Site suitable and sufficient security guards, lights, barricades and enclosures necessary to ensure protection. 3.19 Contractor's Duty to Report. Within three days after written notice to the Contractor of the occurrence of any loss, damage or injury to work, persons or property, the Contractor shall make a full and complete report in writing to the Engineer. 3.20 Indemnification. The Contractor agrees that, in the event that persons or property of the Owner or of others sustain loss, damage or injury, including death, resulting from the intentional, reckless or negligent acts of the Contractor, or its Subcontractors, in their performance of this Contract, or from its or their failure to comply with any of the provisions of this Contract or of law, the Contractor shall indemnify and hold the Owner and its representatives harmless from all legal expenses and attorneys' fees incurred, all GC-ll '-" claims and judgment for damages, and all other costs by reason thereof. 3.21 Proiect Meetings. The Contractor shall attend without exception all Project Meetings upon advance notice from the Owner or Engineer. A copy of the minutes of each meeting shall be sent to the Contractor, who shall promptly inform the Engineer or Owner, in writing, of all errors or omissions in the minutes. The Contractor's failure to do so shall constitute a conclusive and binding admission on the part of the Contractor that the information contained in the minutes is true, accurate and complete. 3.22 No Right of Action. The provisions of this Article shall not be deemed to create any right of action in favor of third parties against the Contractor, or against the Owner or its representatives. Article IV Provisions Relating to Time 4.1 Commencement and Prosecution of the Work. The Contractor must commence its Work within ten days after the date specified in the written Notice to Proceed signed by the Owner or Engineer. ~ The time for performance of the Work under the Contract shall be computed from the 10th day after the date specified in such written Notice to Proceed. The Contractor agrees that time is of the essence of this Contract, and the Contractor shall therefore prosecute the Work diligently, using such means and methods of construction as will assure its completion not later than the date specified therefor, or on the date to which the time for completion may be extended as provided herein. 4.2 Progress Schedule. To enable the Work to be planned and prosecuted in an orderly and expeditious manner, the Contractor, within 10 days after the award of this Contract, unless otherwise directed by the Engineer in writing, shall submit to the Engineer a proposed Progress Schedule, showing: a. The anticipated time of commencement and completion of each of the various \...- GC-12 ~ ~ ~ items of Work to be performed under this Contract; The sequence of each of these items of Work and their inter-relationship with each other and with those of all other related contracts; and c. The estimated time required for fabrication or delivery of all materials and equipment required for the Work; and 4.3 The proposed progress schedule shall be revised as directed by the Engineer and shall be subject to the Engineer's satisfaction. The accepted Progress Schedule shall be strictly adhered to by the Contractor. If the Contractor fails to adhere to the accepted Progress Schedule, or to the Schedule as revised, the Contractor shall promptly adopt such other or additional means and methods of construction as will make up for the time lost and will assure completion in accordance with such Schedule. The b. Contractor's failure to provide Progress Schedules or requested revisions thereto, or to complete the Work in accordance therewith, shall constitute a material breach of this Contract. 4.4 The Contractor agrees that its submittal of Progress Schedules is for the Owner and Engineer's information, and the Engineer's acceptance of same shall not imply that the Engineer represents or warrants that the Contractor can complete the Work in accordance with the Progress Schedule. If at any time the Engineer determines in its sole discretion that the Contractor's Work is not progressing in accordance with the Progress Schedule or that the Work is likely to be delayed, the Engineer may give written notice directing the Contractor to increase its manpower and amount or types of ~quipment, and to undertake additional work shifts. If the Engineer and the Contractor do not agree as to the cause or existence of the delay, or if the Contractor disputes the necessity of the Engineer's directive, the Contractor shall nonetheless comply with the Engineer's directive and shall perform in conformance therewith, subject to Article X (Disputed Work). GC-13 '-' ~ '-" Article V Cooperation with Other Prime Contractors 5.1 The Contractor acknowledges and agrees that the Owner may award contracts to other prime contractors for other portions and aspects of the Project. The Contractor agrees to cooperate fully and coordinate its Work with all other prime contractors in order to avoid disputes and delays, and to assure the timely progress of the Work and the work of all other prime contractors, and the proper, efficient, and expeditious completion of the Project. 5.2 The Contractor agrees to provide access to all other prime contractors to review documents in the Contractor's possession relating to the Work and to observe the Work as necessary or desirable in order to comply with the provisions and purpose of this Article. 5.3 The Contractor agrees to use its best efforts to organize and integrate its Work with the work of all other prime contractors and their subcontractors so as not to interfere with or delay the timely and proper performance of any other prime contractor's work. The Contractor agrees to commence the Work on the Commencement Date and to prosecute the Work with all possible speed so as to comply with the Progress Schedule; submit shop drawings promptly to the Engineer and to other prime contractors so as to cause no delay in the work of any other prime contractor; correct promptly all work which is incorrect or defective, or which does not conform to the Contract; review carefully in advance the progress schedule of all other prime contractors and all Drawings and Specifications in the Contract of each other prime contractor, and all shop drawings, which may affect the work; allow all other prime contractors to review in advance all documents forming a part of the Contract, and all shop drawings, which may affect the work of such other prime contractors; to coordinate its Work carefully and to allow other prime contractors GC-14 \." ~ ~ reasonable access to the Contractor's Site in order to coordinate the Work of all contractors; not to excavate, uncover, cut or alter the work of any other prime contractor unless so ordered by the Engineer; and notify promptly all other prime contractors and the Engineer of all problems which may cause obstruction, damage, or delay to either Contractor or other prime contractors and to cooperate with the other prime contractors to mitigate the effects of the problem. 5.4 The Contractor agrees that the Owner does not guarantee that the Contractor or any other prime contractor will perform its Work in a responsible, efficient or timely fashion; and that the Contractor shall have no recourse or claim whatsoever against the Owner for any loss or damages resulting from any acts or omissions of any other prime contractor, and the Contractor hereby waives any such recourse or claim against the Owner, including damages for delay. Article VI 6.1 Subcontractors Submittal. The Contractor shall, with its bid proposal, and prior to entering into any Subcontract, submit to the Engineer, with respect to each proposed Subcontractor, the name and address of the Subcontractor; a description of the work to be performed or materials or equipment supplied by the Subcontractor; a description of the Subcontractor's past experience in performing similar work; a statement that the Subcontractor has sufficient capacity and financial resources to perform and complete its Subcontract; and any other information as to Subcontractor's fitness and responsibility as the Owner or Engineer may request. 6.2 Acceptance. The Engineer shall inform the Contractor prior to execution of the Contract whether the proposed Subcontractor is acceptable. The Engineer's acceptance shall not be construed as any representation or warranty with respect to the Subcontractor's qualifications and fitness or ability to perform GC-15 the work. The Contractor shall assert no claim for loss or damages by reason of the Engineer's rejection of a \..., proposed Subcontractor. Nothing contained in this Contract shall create any relationship of contract or agency between the Owner and Subcontractor. 6.3 Contractor's Responsibility for Subcontractor. The Contractor shall have full responsibility for all work performed by all its Subcontractors and for all acts and omissions of all its Subcontractors and its Subcontractors' employees. 6.4 Subcontracts. All Subcontracts shall be in writing and an executed copy furnished promptly to the Engineer upon request. The Contractor, prior to entering into each Subcontract, shall inform the Subcontractor in detail of all requirements under this Contract relating to the Subcontractor's Work. All Subcontracts shall provide expressly that such Subcontract is subject to all the requirements of this Contract and that all work under the Subcontract shall comply with all the requirements of this Contract. The Contractor's execution of a Subcontract shall constitute a representation to the Owner that the Contractor has informed the Subcontractor in detail of all requirements under this Contract relating to the \.., Subcontractor's work. Article VII Contractor's Representatives 7.1 Designated Representatives. The Contractor shall, upon execution of the Contract, designate in writing one or more persons who shall have full authority to act on behalf of the Contractor with respect to this Contract and to bind the Contractor, and at least one of whom shall be available at all times during the Contractor's performance of its Work. The Contractor may change the designated representatives upon advance written notice to the Owner. 7.2 Site Representative. The Contractor shall maintain on site at all times during the '-' GC-16 performance of its Work a superintendent who shall have full authority to make all decisions with respect to ~ the Work, attend job meetings and represent the Contractor in coordinating its Work with other prime contractors. '-' \...- Article vm Payment to Contractor 8.1 Detailed Schedule. For each Lump Sum item bid, prior to the submittal of its first progress payment requisition and as a condition to payment, the Contractor shall submit to the Engineer a Detailed Schedule setting forth a breakdown of the contract price for all the labor and materials to be furnished. The Detailed Schedule shall set forth the quantity and price of each lump sum item of the Work, and shall list the quantity and price as to labor and materials separately. The Detailed Schedule shall be revised promptly by the Contractor upon the Engineer's request and to the satisfaction of the Engineer, and shall not be changed following acceptance except with the Engineer's authorization. 8.2 Progress Payments. Payments for work performed and materials supplied up to the date of Substantial Completion shall only be made pursuant to Requisitions for Payment on forms provided by the Owner, signed by the Contractor and approved by the Engineer. Such Requisitions may be submitted no more than once each month for work and materials actually furnished during the period commencing on the last date covered by the Contractor's last prior Requisition and ending on the date specified in the current Requisition. 83 Contents of Requisitions. Each Requisition shall have annexed the Detailed Schedule, annotated to reflect all lump sum items of Work actually completed to date. Each Requisition shall set forth separately the quantity and price of all labor and materials furnished and incorporated in the Project during the current requisition period, the percentage of the Work actually completed to date, and the quantity and GC-17 '-' '-' ~ price of all approved Extra Work, clearly designated as such. The Contractor shall also furnish with each Requisition all documents reasonably requested by the Engineer, including without limitation bills of lading or sale and proof of amounts paid or owing to Subcontractors. Each Requisition shall constitute a representation by the Contractor that the work and materials reflected therein have been actually furnished; that the quantities and prices therefore are true and accurate; and that the Contractor has no knowledge of any mechanics', material men's, laborers' or vendors' liens having been filed against the Project or the funds appropriated therefore. Each Requisition shall further constitute a waiver and release of any and all liens by the Contractor for all work and materials furnished through the last day of the last prior Requisition for which payment has been made by the Owner. 8.4 Unincorporated Mate,rial. The Owner may, but is not obligated to, approve payment for material which has been fabricated and stored, or undelivered on condition that the Contractor shall have furnished to the Engineer all documents the Owner may require, such as bills of lading or sale and evidence of appropriate insurance coverage. 8.5 Retainage. The Owner shall be entitled to retain out of any amount approved for payment up to five percent (5%) of such amount until the Contractor shall have achieved Substantial Completion, as set forth in Article XVll. The Owner shall in addition be entitled to retain an amount necessary, in the Owner's opinion, to satisfy all claims, liens or judgments against the Contractor which have not been discharged. The amounts retained pursuant to this Paragraph 8.5 are in addition to amounts which the Owner may retain or withhold pursuant to other Articles of this Contract, including Article xm (Default), Article XIX (Final Completion), Article XX (Maintenance and Guarantee), and Article xxn (Liquidated Damages). 8.6 Disapproval and Withholding of Payment. The Engineer may disapprove and withhold GC-18 ~ ,-,. '-' any payment or portion thereof to the extent that, in the Engineer's opinion: the Requisition or any annexed documents are incorrect or incomplete; the Work or materials described in such Requisition or in any previous Requisition does not comply with the Specifications and Drawings or was not furnished as stated; a lien against the Project or funds appropriated therefor has been filed relating to the Contractor's Work or materials furnished; a claim has been asserted against the Owner for which the Contractor has agreed to indemnify the Owner pursuant to Article ill, Paragraph 3.30; any amounts are due and owing from the Contractor to any Subcontractor or employee pursuant to the labor or lien laws; or the Owner has determined the Contractor to be in default pursuant to Article xm. The Engineer shall notify the Contractor in writing if the Engineer disapproves all or part of a Requisition and the reasons therefor. The Contractor agrees to perform immediately all corrective action required by the Engineer and shall continue to perform the Work without delay in accordance with the Contract. Article IX Change Orders, Omitted Work and Extra Work 9.1 Owner's Right to Issue Change Orders. The Contractor agrees that the Owner reserves the right to issue written Change Orders at any time and for any reason whatsoever to revise the Specifications and Drawings, add Extra Work, or omit Work or portions thereof, or which may change the nature, scope, quantity, area, sequence, grade, or size of the Work, whenever in the Owner's opinion it shall be necessary or in its best interests to do so. No Work shall be omitted, and no Extra Work added, except pursuant to a written Change Order approved by the Owner and signed by the Engineer, and the Contractor shall not perform any Extra Work without such Change Order. The Contractor shall not be entitled to any Extra Payment for any Extra Work to the extent such Extra Work is, in the opinion of the Engineer, required due to the Contractor's fault, error, omission, negligence or delay. GC-19 '-' ~ \....- 9.2 Reduction in Contract Price. The Contract Price shall be reduced to the extent that any Change Order, whether for omitted Work or otherwise, results in a decrease in the Contractor's cost to perform the work involved, as determined by the Engineer based on the estimated costs of: a) necessary materials; b) necessary direct labor; c) required insurance; d) operation, maintenance and rental of necessary plant and equipment; plus e) ten percent (10%) of the total of items (a) through (d) as compensation for all overhead and administration costs; plus f) ten percent (10%) of the total of items (a) through (e) as compensation for profit. The parties agree that all rental costs of plant and equipment shall be based on the most recent New York State Department of Transportation index or comparable index, in the Engineer's discretion. 9.3 Extra Payment. If the Owner requires Extra Work involving items of work for which unit prices or lump sum amounts are specified in the Contract, the Extra Payment shall be determined by the Engineer in accordance with such unit prices or lump sum amounts. In the event any Extra Work or materials are required by the Owner involving items of work or materials for which prices are not specified in the Contract, the Owner may request the Contractor in writing to submit a proposed quotation for such work or materials on either a lump-sum, unit price, or time and materials basis, in the Owner's discretion. The Contractor shall submit within ten (10) days ofthe request a written quotation which shall set forth in detail the Contractor's estimated costs, overhead and profit. The quotation shall constitute the Contractor's offer to the Owner to perform such Extra Work at the price quoted, and such offer shall be irrevocable for a period of sixty (60) days from date of receipt; thereafter, any revocation of the offer must be made to the Owner in writing. 9.4 Inability to Agree on Price. If the Owner and the Contractor are not able to agree on the GC-20 amount of Extra Payment for the proposed Extra Work, and the Owner exercises its right to issue a Change \.... Order for such Extra Work, or if the Owner exercises its right to issue a Change Order for such Extra Work without requesting or receiving within the time required the Contractor's quotation, then the Contractor shall proceed immediately with the Extra Work, and any Extra Payment due the Contractor for such Extra Work shall be computed on a Time and Material basis, as provided in the following Paragraph 9.5. 9.5 Time and Material Basis. For all Extra Work performed by the Contractor on a Time and Material basis, the Owner shall pay, and the Contractor shall accept, the reasonable costs actually incurred by the Contractor to perform and complete such Extra Work, as determined by the Engineer based on the costs of: a) necessary materials; b) necessary direct labor; c) required insurance; d) operation, maintenance and rental of necessary plant and equipment; plus e) ten percent (10%) of the total of items (a) through (d) as compensation for all overhead and administration costs; plus f) ten percent (10%) of the total ofItems (a) through ( e) as compensation for profit. The parties agree that all rental costs of plant and equipment shall be based on the most recent New York State Department of Transportation index or comparable index, in \..- the Engineer's discretion. 9.6 Extra Work Performed by Subcontractor. If a Subcontractor performs Extra Work on a lump-sum basis, the Contractor shall be paid the Subcontractor's lump-sum price plus five (5%) of such lump-sum price which shall be deemed to include the Contractor's profit and all costs and expenses, including without limitation, costs of superintendence, administration, insurance, and delay. If a Subcontractor performs Extra Work on a Time and Material basis, the Contractor shall be paid only the actual and reasonable cost of the subcontracted Extra Work, based on the criteria (a) through (f) listed in Paragraph 9.5 above, plus five percent (5%) of such actual and reasonable cost which shall be deemed to include the Contractor's profit and all costs and expenses, including without limitation costs of overhead, '-" GC-21 \..,. superintendence, administration, insurance and delay. 9.7 Time and Material Statement. The Contractor understands and agrees that the timely submittal of Time and Material Statements is of utmost importance and is a condition precedent to asserting any claim for Extra Payment for Extra Work performed on a Time and Material basis. The Contractor shall deliver to the Engineer on each day during which Extra Work has been done on a Time and Material basis a signed, detailed statement in form acceptable to the Engineer setting forth, separately as to each such day, the following: a. The quantity, cost, and description of all materials furnished; b. The name of each worker and his or her social security number; number of hours worked; hourly rate of pay; the total wages, taxes, union and insurance assessments; his or her title or category; and description of work performed; '-' Each piece of equipment or machinery used; whether it is owned or rented and if rented, the rental cost; and all costs incurred, including without limitation costs of insurance, fuel, and necessary maintenance. 9.8 Failure to Deliver Time and Material Statements. The Contractor's failure to submit timely a signed and complete Time and Material Statement shall constitute a waiver of any right to Extra Payment to the extent that such Statement is not timely delivered or is incomplete. The Engineer, in its sole c. discretion, may accept an untimely or incomplete Statement but such acceptance shall not constitute any waiver of the Owner's right to strict enforcement of this provision or to disallow any claim for Extra Payment, and shall not relieve the Contractor of its obligation to comply with the provisions of this Article. The Contractor understands that the information contained in the Time and Material Statements is to enable the Owner to monitor and verify the Extra Work performed and shall not be binding on the Owner. '-'- GC-22 ~ '-" ~ 9.9 Acceptance of Extra Payment. The Contractor's acceptance of Extra Payment for any Extra Work shall constitute an unconditional waiver and general release of the Owner of all claims and causes of action with respect to such Extra Work, whether asserted by the Contractor or through the Contractor on behalf of others. Article X Disputed Work 10.1 Notice. In the event the Owner or Engineer directs the Contractor to perform Disputed Work, the Contractor shall promptly and expeditiously perform such Disputed Work to completion. As a condition precedent to asserting any claim for Extra Payment with respect to such Disputed Work, the Contractor shall give written notice to the Engineer, prior to the Contractor's commencement of the Disputed Work, that the Contractor is performing such Disputed Work under protest. 10.2 Contents of Notice. The Notice shall state that the Contractor claims the work is Disputed Work and that the Contractor shall perform such Disputed Work under protest. The Notice shall also set forth in detail a description of the Disputed Work, the number of workdays the Contractor estimates necessary to complete the Disputed Work, and the specific grounds upon which the Contractor claims the Disputed Work should be considered Extra Work. The Contractor's failure to give timely written notice as herein provided shall constitute a waiver of all claims relating to such Disputed Work. 10.3 Time and Material Statement for Disputed Work. As a further condition precedent to the right to claim Extra Payment for performing such Disputed Work, the Contractor shall submit to the Engineer a signed Time and Material Statement for Disputed Work setting forth the items required in Article IX, Paragraph 9.7, on each day during which the Disputed Work was performed. Upon completion of the Disputed Work, the Contractor shall submit a final Time and Material Statement for Disputed Work GC-23 ~ ~ '-' on the Friday of the last week in which Disputed Work was performed, setting forth the total dollar amount the Contractor will claim as Extra Payment for labor and materials. The Contractor's failure to submit timely signed and complete Time and Materials Statements for Disputed Work shall constitute a waiver of all claims relating to such Disputed Work. The Engineer, in its sole discretion, may accept an untimely or incomplete Statement but such acceptance shall not constitute any waiver of the Owner's right to strict enforcement of this provision or to disallow any claim for Extra Payment, and shall not relieve the Contractor of its obligation to comply with the provisions of this Article. The Contractor understands that the information contained in the Time and Material Statements for Disputed Work is to enable the Owner to monitor and verify the Disputed Work performed and to evaluate the Contractor's claims and shall not be binding on the Owner. Article XI Suspension of Work 11.1 Notice to Suspend Work. The Owner shall have the right to order the Contractor, upon written notice, to stop or suspend its Work and Extra Work at any time and for any reason. The Notice to Suspend Work shall specify the date on which the Work and Extra Work shall stop and may set forth an estimated date of resumption or may provide that the Work shall be suspended until further notice. The Contractor shall resume its Work and Extra Work upon the Owner's written Notice to Resume Work. The Contractor waives all claims for loss or damage by reasons of such suspension, and agrees that its rights to an Extension of Time, as provided in Paragraph 11.2 of this Article, and to elect to terminate, as provided in Paragraph 11.3 of this Article, shall constitute the Contractor's sole remedies in the event of suspension of work. 11.2 Extension of Time. The Contractor shall receive an Extension of Time to complete the GC-24 ~ \.,. \..... Contract corresponding to the number of days the Work is suspended unless the Owner determines that the suspension was necessary by reason of the Contractor's delay, defective or incorrect Work, failure to place timely orders for materials, equipment, services or labor, or other failure to comply with the Contract. 11.3 Contractor's Election to Terminate. If, pursuant to a Notice to Suspend Work issued by the Owner, the Work is suspended for a period exceeding one hundred twenty (120) days or for a period exceeding in the aggregate one hundred eighty (180) cumulative days by reasons of two or more Notices to Suspend Work, the Contractor may elect to terminate the Contract by giving written notice to the Owner. The Contractor's right and obligation to perform the Work shall terminate upon the Owner's receipt ofthe Contractor's Notice of Election to Terminate. Following receipt of the Contractor's Notice of Election to Terminate, the Owner shall pay to the Contractor all sums unpaid and owing pursuant to duly submitted Requisitions less amounts retained or withheld pursuant to this Contract. 'The Contractor's Notice of Election to Terminate shall constitute a waiver and release of all claims and causes of action against the Owner and Engineer except for sums unpaid and owing pursuant to duly submitted Requisitions, sums retained or withheld pursuant to this Contract, and Extra Payment for alleged Disputed Work for which the required Notice and Time and Materials Statements for Disputed Work were duly submitted and which have not been the subject of a Final Determination by the Engineer as of the date of receipt of the Contractor's Notice of Election to Terminate. 11.4. Compliance with Article XV. The Contractor, upon giving Notice of Election to Terminate, shall comply with and perform the obligations provided in Article XV of this Contract. Article XU Interpretations and Disputes In order to resolve disputes, avoid litigation, and promote the orderly and timely progress of 12.1 GC-25 \.. ~ '--' the Work, the Contractor and the Owner hereby authorize the Engineer to act as the arbiter and interpreter of the Contract and to determine all questions, whether of a legal or factual nature, arising thereunder, including without limitation: a. Issues relating to the meaning, interpretation and scope of the Contract Drawings and Specifications and the other Contract Documents; b. Issues relating to the performance, quantity, quality, acceptability, fitness and progress of the Work and compliance by the Contractor and its Subcontractors with the requirements of the Contract; c. Issues relating to Change Orders, Extra Work and Disputed Work including without limitation: whether any Disputed Work is Contract Work or Extra Work; whether the Contractor is entitled to Extra Payment by reason of any Change Order and the amount of any such Extra Payment; and (i) whether the Owner is entitled to a reduction in the Contract Price by reason of any Change Order, and the amount of such reduction in the Contract Price; d. Issues relating to the Contractor's completion of the Work in accordance with the Contract and Final Punch List; e. Issues relating to the suspension of the Work; f. Issues relating to the termination of the Contractor. 12.2 Duty to Notify. In the event the Contractor believes that any discrepancy, inconsistency, error or omission exists under any of the Contract Documents, or if the Contractor disputes any written GC-26 \....- \....- '--' order or notice of the Engineer or Owner, the Contractor shall immediately inform the Engineer and shall also submit to the Engineer a written notice of the dispute or a written request for interpretation, within three (3) days of the date the Contractor receives the order or notice in dispute or discovers or should have discovered the discrepancy, inconsistency, error or omission, as the case may be. 12.3 Contents of Notice. Each notice of dispute or request for interpretation must specifY in reasonable detail: (a) The nature of the Contractor's dispute with a description of Disputed Work, if any, or the information or interpretation requested by the Contractor; (b) The date by which the Contractor requires a determination; and (c) The Contractor's proposal to resolve the problem or resolve the dispute. The Contractor shall include with the Contractor's notice or request all documents and other information which the Contractor deems relevant. The Contractor shall furnish promptly any additional information which the Engineer requests in connection with any such matter. The Engineer may reject the Contractor's notice or request if, in the Engineer's judgment, such notice or request is not sufficiently detailed. 12.4 The Engineer shall review each matter submitted hereunder and deliver a Final Determination to the Contractor within thirty (30) days which sets forth the Engineer's reasons for such Final Determination and, if the Final Determination involves computation ofa monetary amount, the method of such computation. 12.5 The Engineer's Final Determination shall be final, conclusive and binding. 12.6 The Contractor's failure to submit a matter in timely fashion to the Engineer under this Article shall be a waiver of any claim for Extra Payment, extension of time, and all loss or damage relating to the particular matter. GC-27 Article xm Default 13.1 Grounds for Default. The Owner may declare the Contractor to be in default of this Contract upon the occurrence of any of the below-enumerated events, including, but not limited to the following: '-" ~ (a) The Contractor fails to commence Work on the Commencement Date, unless by reason of an Excusable Delay; (b) The Contractor abandons the Work; (c) The Contractor refuses to proceed with the Work when directed by the Engineer or the Owner; (d) The Contractor reduces its work force to a number which, if maintained, would be insufficient, in the Engineer's opinion, to complete the Work in accordance with the Progress Schedule; The Contractor assigns this Contract, or Contractor's rights or obligations hereunder, except as permitted under Article XXVI hereof; The Contractor fails to obtain and maintain all required insurance; The Contractor has failed to propose Subcontractors on a timely basis or to award Subcontracts after approval; (h) The Contractor has willfully or in bad faith violated any of the provisions of this (f) (g) \.... (e) (i) Contract or has not been performing the Contract in accordance with its requirements; or The Work cannot be completed on or before the scheduled Completion Date, or GC-28 \... (n) ~ '-' G) revised Completion Date unless by reason of an Excusable Delay; The Contractor does not complete the Work on or before the scheduled Completion Date, unless by reason of an Excusable Delay; (k) Any lien is asserted against the Owner by any Subcontractor or Material man or others and not discharged, by bonding or otherwise, within thirty (30) days after written notice from the Owner to the Contractor; (I) The unpaid balance of the Contract Price is clearly insufficient, in the Engineer's opinion, to complete the Work or to pay all known liens; (m) The Contractor fails to perform or observe any other term, covenant, condition or provision of the Contract for three (3) days after receipt of written notice from the Engineer or the Owner specifying the nature of the Contractor's failure; The Contractor consents to or suffers the appointment of a receiver of all or a material part of the Contractor's property or income; or admits in writing the Contractor's inability to pay debts as they become due; or makes a general assignment for the benefit of creditors; or files a voluntary petition in bankruptcy, or a petition seeking reorganization or an arrangement with creditors under any federal or state law relating to bankruptcy, reorganization, insolvency, readjustment of debt, dissolution or liquidation or similar relief or files an answer admitting the material allegations of a petition filed against Contractor in any proceeding under any such law; or is adjudicated insolvent or is subject to an involuntary petition in bankruptcy, and such adjudication or filing is not set aside or terminated within thirty (30) days; GC-29 '-'- ~ ~ An attachment is levied or a judgment is executed against all or any material part of the Contractor's property or income and the same is not discharged within thirty (30) days; (p) Any statement or representation of the Contractor in the Contract or in any (0) document submitted by the Contractor with respect to the Contractor, its officers, principal employees, its proposal, the Work, the Project, or the Contract was untrue or incorrect when made; (q) Any Work is attached, levied upon, seized in any legal proceedings, or held by virtue of any encumbrance; (r) The Contractor or its chairman or president, or any vice president, treasurer, or shareholder owing more than five percent (5%) of the Contractor's issued and outstanding capital stock, or the sole proprietor of the Contractor or any general partner or joint venturer of the Contractor or the chairman, president, any vice- president, treasurer or shareholder owing more than five percent (5%) ofthe issued and outstanding capital stock is finally determined to be guilty of a felony related or pertaining to the business activities of the Contractor; or (s) A duly convened governmental body determines the Contractor to be not responsible. (t) The Contractor violates any Federal, State, or Local Law, rule or regulation and fails to cure within 10 days where applicable. 13.2 Upon the Owner's determination that the Contractor is in default, the Owner shall issue a written Notice of Default to the Contractor. The Notice of Default shall specify the date of the GC-30 ~ determination of Default and the grounds upon which such Default is based. 13.3 Pursuant to the Owner's determination of Default, the Owner may do any or all of the following, in any sequence, in the Owner's discretion upon three (3) days prior written notice to the Contractor (or without notice in case of emergency): (a) Terminate the Contractor's right to perform all or any part of the Work to the extent specified by the Owner in such notice; (b) At the Contractor's sole expense, take all reasonable actions which the Owner deems necessary or desirable to cure all or any portion of such Default. For this purpose, the Owner may: (i) Take possession of and use to the extent permitted by law any or all materials, tools, plant, equipment, supplies and/or facilities used or to be used by Contractor for the Work; '-' (ii) Employ any contractor, architect, engineer, consultant, or other person on terms satisfactory to the Owner to advise and consult, or to furnish services, labor, materials, tools, plant, equipment, supplies, and/or facilities of any kind to complete the Work, to replace or repair any defective Work, or otherwise to cure such Default; (iii) Repair or replace any other Work or part ofthe Project, or work of other prime contractors, damaged or removed by reason of Contractor's Default, or the curing and correction thereof; (iv) Compel the Surety to perform Contractor's obligations under the Contract, upon giving thirty (30) days written notice to the Surety. \... GC- 3 1 \.,.. '-' \..,.. 13.4 Upon a determination by the Owner that the Contractor is in Default, the Contractor shall be liable to the Owner for all loss, damages and expenses suffered, paid or incurred by the Owner relating to any and all action described in Paragraph 13.3 of this Article. Such loss, damages and expenses arising by reason of the Contractor's Default are referred to as "Default Expenses". 13.5 The Owner shall determine the amount of the Default Expenses from time to time and: (a) To the extent the Default Expenses exceed the portion of the Contract Price attributable to Work being performed by others under Paragraph 13.3 of this Article, such excess amount shall be deducted from any unpaid balance of the Contract Price, and the Contractor shall pay the Owner, upon demand, any amount exceeding the unpaid balance of the Contract Price; and Upon Final Completion ofthe Work, but only to the extent the total Default (b) Expenses and total amounts withheld pursuant to this Contract are less than the unpaid balance of the Contract Price, the Owner shall pay the Contractor any balance of the Contract Price still due and unpaid for Work actually performed by the Contractor, without interest, on condition the Contractor has complied with all requirements of Article XV and after audit by the Owner. 13.6 Continuing Liability. The Contractor and the Surety shall remain liable under the Contract and Bond whether or not the Owner terminates Contractor's right to perform all or any part of the Work. 13.7 If the Owner terminates the Contractor's right to perform the Contract and it is determined subsequently for any reason whatsoever that a Default did not occur or that the Contractor had cured such Default in a timely manner, then the Owner's termination of the Contractor's right to perform the Contract shall be deemed to have been an elective termination of the Contract pursuant to Article XIV. GC-32 ~ ...... \....- 13.8 The rights and remedies of the Owner under this Article are not intended to be exclusive. Each and every right and remedy shall be cumulative and shall be in addition to all other rights and remedies given the Owner under this Contract or available at law or in equity. Article XN Elective Termination by the Owner 14.1 Notice of Termination. The Owner may terminate the Contractor's right and obligation to perform all or any portion of the Work, at any time and for any reason whatsoever, with or without cause, upon written Notice of Termination to the Contractor. Such Notice of Termination shall specify the effective date of such termination and the extent to which performance of the Work is terminated. 14.2 Payment in the Case of Termination. Following termination, the Owner shall pay the Contractor all unpaid balance due for Contract Work and Extra Work, less amounts retained and withheld, upon the condition that the Contractor has complied fully with all the requirements of Article XV and after audit by the Owner. The Contractor waives any and all claims for damages relating to or arising out of such termination. 14.3 Post-Termination. After the effective date oftermination, the Owner may take all action necessary or desirable to complete the Work, including entering into contracts with other contractors, with or without public bidding to the extent allowed by law. Article XV Contractor's Obligations Upon Termination 15.1 Upon termination pursuant to Articles xm or XN, the Contractor shall promptly: a. Stop all Work on the date and to the extent directed by the Owner; b. Take all action necessary to protect the Work and materials, equipment, and other GC-33 ~ property; Deliver to the Engineer upon request copies of all Subcontracts, purchase orders, bills of lading and bills of sale of materials incorporated into the Project, fabricated or delivered; d. Give written notice to the Contractor's sureties and insurers of the termination, with c. a copy of each such notice to the Owner; e. Terminate all Subcontracts and purchase orders; f. Transfer or assign to the Owner all legal right, title and interest in materials incorporated into the Project, fabricated or delivered and for which payment has been made by the Owner; g. Deliver to the Engineer all documents, including without limitation shop drawings, required to be furnished to the Owner pursuant to this Contract. ~ Article XVI Delay 16.1 Extensions of Time. To the extent that the Contractor is prevented from performing the Work in a timely manner and as represented in the Progress Schedule through no fault of the Contractor and due to causes beyond the Contractor's reasonable control such as acts of God, unforeseeable conditions, utility failures, fire, flood, explosion, Owner delays, or delays caused by o!her prime contractors, the Contractor shall be entitled to an extension of the scheduled Completion Date equal to the actual time so lost on condition that Contractor complies fully with the provisions of this Article. 16.2 Requests for Extension of Time. As a condition to obtaining an Extension of Time, the \..... GC-34 ~ ..... \..... Contractor shall give written notice to the Engineer within three (3) days after notice of the commencement of the delay. Such notice shall contain a request for an extension of time and shall also state: a. The nature of the delay; b. The cause of the delay; c. The Work affected by the delay; d. The date the delay started; e. The effect of the delay on the Progress Schedule; and f. The actions taken and proposed by the Contractor to mitigate or lessen the impact ofthe delay. 16.3 Contractor assumes exclusive responsibility for submitting all the information specified above. The Contractor shall furnish promptly all additional documents or other information relating to the alleged delay upon request of the Engineer or the Owner. 16.4 The Contractor's failure to give the required notice in a timely and complete manner as required shall constitute a waiver of any right to an Extension of Time. 16.5 The Contractor shall not be entitled to a separate Extension of Time for each of several causes of delay operating concurrently, but only for the actual total period of delay, as determined by the Engineer, irrespective of the different concurrent causes of such delay. If one of several causes of delay operating concurrently results from any fault, inaccuracy, error, act or omission of the Contractor, and would of itself (irrespective of the other concurrent causes) have delayed the Work, the Contractor shall not be entitled to receive any Extension of Time for such delay. 16.6 The Contractor shall receive no extension oftime for any delay in the Work which will not result in a delay in the scheduled Completion Date. GC-35 '-' '-" '-' 16.7 Subject to the foregoing, if the Contractor is entitled to any requested Extension of Time, the Owner shall issue a Change Order specifying the duration of any such permitted extension. 16.8 Contractor's Waiver of Delay Damages. The Contractor acknowledges and agrees that the Owner seeks to promote fiscal stability and protect the integrity of the public bidding process by ascertaining, prior to the award ofthis Contract, the full cost of the Work in order to assure, to the extent possible, that the lowest responsible bid for this Work reasonably corresponds to what the public will actually pay. The Contractor understands that delays are common to public improvement projects such as this, and that changes in the Contract, Design, Drawings and Specifications may occur and may require extensive and lengthy reviews by various public authorities and may undergo a lengthy approval process. The Contractor is advised, therefore, that this public improvement project is complex and may be subject to delays. Accordingly, the Contractor agrees to make no claim whatsoever against the Owner, its employees, agents or representatives on account of any delay in the performance of the Work or any other obligation of the Contractor under this Contract, including any delay caused by or resulting from any act or omission of the Owner, its employees, agents and representatives. In appropriate circumstances, as provided herein, the Contractor may be entitled to an Extension of Time in which to complete its performance of the Work. The Contractor nonetheless agrees that, whether or not it is granted an Extension of Time, the Contractor waives any and all right to claim damages for delay, and represents that it has taken into consideration the risk of loss and damage from delay in preparing and submitting its bid, and assumes all risk of loss therefrom. 16.9 Discretionary Allowance of Escalation Costs. Notwithstanding any provision in this Article, the Owner may, in its sole and absolute discretion, issue the Contractor a Change Order for Extra Payment to reimburse the Contractor for escalation in labor rates and material prices incurred by the Contractor by reason of an Excusable Delay, on condition that the Contractor shall have complied fully with GC-36 '-, ~ the requirements and conditions for obtaining an Extension of Time and shall have furnished to the Engineer and to the Engineer's satisfaction proof of such escalation costs. The Contractor shall in no event be entitled to reimbursement for increased costs due to overhead, labor inefficiency or to any profit on the amount of such increased costs. The granting of any such Change Order shall not be deemed a waiver of any of the Owner's rights under this Contract or of any condition to be fulfilled by the Contractor. Article XVII Substantial Completion 17.1 The Contractor shall have achieved Substantial Completion of its Work when all of the conditions set forth in this Article have been met to the satisfaction of the Owner and Engineer. 17.2 Statement of Substantial Completion. The Contractor shall submit to the Engineer a signed, notarized Statement of Substantial Completion in which the Contractor certifies that: '-' All Work and Extra Work, excepting the items on the Final Punch List and any close-out requirements, are complete and in all respects in compliance with the Contract; b. All equipment and machinery, if any, furnished by the Contractor are operational a. and in good working order; c. All utilities specified or required under the Contract are connected and functioning properly; d. The Contractor shall achieve Final Completion, including completion of all Final Punch List items and close-out requirements, on or before a date certain ("Final Completion Date"). Statement of Claim. Simultaneously with its Statement of Substantial Completion, the 17.3 \..r GC-37 '-' ~ '-' Contractor shall submit to the Engineer a signed, notarized Statement of Claim setting forth in detail all claims asserted by the Contractor against the Owner, if any, relating to Work or Extra Work performed to the date of the Statement of Claim. Such Statement of Claim shall identify separately each such item of Work and Extra Work for which a claim is made; the dollar amount claimed and quantity of material supplied if applicable; and the date each such item of Work or Extra Work was completed or furnished. In the case of Extra Work, the Contractor shall state whether the Extra Work was authorized by the Engineer in writing and shall attach a copy of such authorization or applicable Change Order, as well as all Time and Material Statements if applicable. The Statement of Claim shall also identify all claims asserted by the Contractor on behalf of its Subcontractors and Material men. 17.4 Drawings. The Contractor shall submit, prior to or simultaneously with its Statement of Substantial Completion, a set of as-built (or record) drawings and all manufacturers' warranties and guarantees as required under the Contract Documents (unless the Contract Documents allow the Contractor to submit such drawings, warranties and guarantees prior to Final Completion). 17.5 Temporary Certificate of Occupancy. If a Certificate of Occupancy is required for occupation of the Project, a temporary Certificate of Occupancy has been issued covering the whole of the Project. 17.6 Request for Final Punch List. Prior to submittal of its Statement of Substantial Completion, the Contractor shall request the Engineer in writing to prepare the Final Punch List setting forth those deficiencies which remain to be corrected or supplied. The Engineer shall prepare and furnish to the Contractor such Final Punch List. The Engineer may furnish the Final Punch List to the Contractor prior to the Contractor's request therefor. 17.7 Reiection and Approval. Upon receipt of the Contractor's Statement of Substantial GC-38 '-' '-' \...- Completion, the Engineer shall verify whether the Contractor has met all the conditions of Substantial Completion, and whether, in the Engineer's opinion, the Statement and information therein are correct and accurate. The Engineer may accept or reject such Statement as submitted in whole or in part and shall so notify the Contractor. In the case of rejection, the Engineer may direct the Contractor to correct or remedy deficiencies or errors and the Contractor shall promptly comply and submit one or more revised Statements as required by the Engineer. Upon approval of the Statement of Substantial Completion and verification that the Contractor has met all required conditions, the Engineer shall deliver to the Owner with a copy to the Contractor its certification that the Contractor has achieved Substantial Completion. The Engineer's acceptance and certification are for fiscal and record keeping purposes and shall not in any way constitute a waiver of any right of the Owner to assert any claims for loss, damage, reimbursement or indemnification against the Contractor, Engineer or any other party. 17.8 Substantial Completion Requisition. Following receipt of the Engineer's Certification of Substantial Completion, the Contractor may submit to the Engineer a Substantial Completion Requisition for the remaining balance of the Contract Price less amounts to be retained pursuant to this Contract. After receipt of a proper Substantial Completion Requisition satisfactory to the Engineer, the Engineer will prepare and certify, and the Owner will approve, a voucher for payment of the unpaid balance, less two times the value as determined by the Engineer of all remaining items to be completed and an amount necessary to satisfy any claims, liens or judgments against the contractor which have not been suitably discharged, and any amounts withheld under Article XX. The voucher will be filed with the Town Supervisor, with a copy available to the Contractor upon request. The Owner will pay the Contractor the amount specified in the voucher after the filing of such voucher in the Town Supervisor's office. 17.9 Waiver and Release. The Contractor's acceptance of payment hereunder shall be construed GC-39 '-' \...- '-' as a complete, unconditional and general release of the Owner by the Contractor, and all persons claiming by, through or under the Contractor with respect to all claims for loss or damages relating to, or arising out of, this Contract or the Work, except for: a. Unresolved claims set forth in the Statement of Claim pursuant to Paragraph 17.3 of this Article submitted by the Contractor and any claim arising out of or relating to Work performed by the Contractor after the Contractor's submittal of such Statement; and b. The Contractor's claims against the Owner for any amount then withheld pursuant to this Article. Nothing herein shall be construed as a right to revive any claims waived by the Contractor under other provisions of the Contract. 17.10 Owner's Discretion. Notwithstanding any of the above provisions, the Owner has the discretion to waive any of the above conditions upon which the Contractor's entitlement to Substantial Completion or payment therefor is based. Article xvm Early or Partial Acceptance 18.1 Owner's Right to Early Occupation. At any time, whether before or after Substantial Completion, the Owner shall have the right to enter and occupy the Project Site, including any area in which the Work is being performed, for any reason whatsoever, including use and occupancy, any (;lmergency, or the installation of any equipment, fixtures, or other property of any kind. Any occupancy by the Owner hereunder shall not constitute the Owner's acceptance of the Work, or Substantial Completion or Final Completion, and shall not otherwise relieve the Contractor of any responsibility under the Contract except as otherwise specified in this Article. GC-40 ~ \...- \....- 18.2 Partial Acceptance. At any time prior to Substantial Completion of all the Work, the Owner may elect, in the Owner's judgment, to certify any portion or phase of the Work as substantially complete. The Owner shall exercise such election by written Certificate of Partial Acceptance to the Contractor which: a. Describes the portion accepted; b. States the portion of the Contract Price and the amount of retain age (if any) allocable to the portion accepted; and c. Includes a Final Punch List for the accepted portion. 18.3 Partial Substantial Completion. Within thirty (30) days of delivery of the Owner's Certificate of Partial Acceptance, the Contractor may submit a Statement of Claim in conformity with Paragraph 17.3 and a Requisition for Substantial Completion as to the portion accepted in conformity with Paragraph 17.8. The terms and conditions set forth in Paragraphs 17.3, 17.4, 17.8, 17.9 and 17.10 shall apply with the same force and effect with respect to any Certification of Partial Acceptance, Statement of Claim and requisition for Substantial Completion thereunder. 18.4 The Owner's Certification of Partial Acceptance shall constitute, with respect to the portion in question, Substantial Completion for all purposes of the Contract except that, if the Owner commences beneficial use and occupancy (and not mere testing) of the portion accepted before Final Completion, the Guarantee Period specified in Article XX shall commence, with respect to the portion accepted, on the date when the Owner commences such beneficial use and occupancy. GC-41 \.... '-" ~ Article XIX Final Completion 19.1 The Contractor shall have achieved Final Completion of its Work when all ofthe conditions set forth in this Article have been met to the satisfaction of the Owner and Engineer. 19.2 Statement of Final Completion. The Contractor shall submit to the Engineer a signed, notarized Statement of Final Completion in which the Contractor certifies that: a. All Work and Extra Work, including all the items on the Final Punch List and any close-out requirements, are complete and in all respects in compliance with the Contract; b. All equipment and machinery, if any, furnished by the Contractor are operational and in good working order; All utilities specified or required under the Contract are connected and functioning properly. 19.3 Statement of Claim. Simultaneously with its Statement of Final Completion, the Contractor shall submit to the Engineer a signed, notarized Statement of Claim setting forth in detail all claims asserted by the Contractor against the Owner, if any, relating to Work or Extra Work performed to c. the date of the Statement of Claim. Such Statement of Claim shall identify separately each item of Work and Extra Work for which a claim is made; the dollar amount claimed and quantity of material supplied if applicable; and the date such item of Work or Extra Work was completed or furnished. In the case of Extra Work, the Contractor shall state whether the Extra Work was authorized by the Engineer in writing and shall attach a copy of such authorization or applicable Change Order, as well as all Time and Material Statements if applicable. The Statement of Claim shall also identify all claims asserted by the Contractor on GC-42 ~ \i.- '-- behalf of its Subcontractors and Material men. 19.4 Drawings. The Contractor shall submit, prior to or simultaneously with its Statement of Final Completion, a set of as-built (or record) drawings and all manufacturers' warranties and guarantees as required under the Contract Documents. 19.5 Certification of Final Completion. Upon receipt of the Contractor's Statement of Final Completion, the Engineer shall verify whether the Contractor has met all the conditions of Final Completion and whether the Statement and information therein are correct and accurate. The Engineer may approve such Statement as submitted in whole or in part and shall so notify the Contractor. In the case of rejection, the Engineer may direct the Contractor to correct or remedy deficiencies or errors and the Contractor shall promptly comply and submit one or more revised Statements as required by the Engineer. Upon approval of the Statement of Final Completion and verification that the Contractor has met all required conditions, the Engineer shall deliver to the Owner with a copy to the Contractor its certification that the Contractor has achieved Final Completion. The Engineer's approval and certification are for fiscal and record keeping purposes and shall not in any way constitute a waiver of any right of the Owner to assert any claim for loss, damage, reimbursement or indemnification against the Contractor, Engineer or any other party. 19.6 Certificate of Occupancy. As a further condition to Final Completion, all governmental authorities having jurisdiction over the Project shall have inspected the Work and the Project and unconditionally authorized occupancy of the entire Project, and shall have issued all required permanent Certificates of Occupancy and all other permits, licenses, or certificates required for occupancy and the intended use. 19.7 Final Payment. The Contractor shall submit a Requisition for Final Payment simultaneously with its Statement of Final Completion. After receipt of a proper Requisition for Final GC-43 ~ '-" '-' Payment satisfactory to the Engineer, the Engineer will prepare and certifY, and the Owner will approve, a voucher for payment, less all amounts necessary as determined by the Engineer to satisfY any claims, liens or judgments against the contractor which have not been suitably discharged, and all amounts withheld under Article XX. The voucher will be filed with the Town Supervisor, with a copy available to the Contractor upon request. The Owner will pay the Contractor the amount specified in the voucher after the filing of such voucher in the Town Supervisor's office. Such Final Payment shall constitute Final Acceptance of the Work. 19.9 Waiver and Release. The Contractor's acceptance of Final Payment (or the Contractor's failure to submit a Requisition for Final Payment and Statement of Claim as required in this Article within ninety (90) days after issuance of written notice to the Contractor ofthe Owner's determination that Final Completion has occurred) shall be construed as the Contractor's complete, unconditional and general release of the Owner by the Contractor (and all persons claiming by, through and/or under the Contractor) relating to all claims for loss and damage relating to, or arising out of, this Contract or the Work, except for: a. Unresolved claims set forth in the Contractor's Statements of Claim; b. The Contractor's claim for amounts still withheld. Nothing herein shall be construed as a right to revive any claim previously waived by the Contractor under other provisions of the Contract. 19.10 Owner's Discretion. Notwithstanding any of the above provisions, the Owner has the discretion to waive any of the above conditions upon which the Contractor's entitlement to Final Completion or payment therefor is based. GC-44 ~ Article XX Correction of Work. Guarantee. and Maintenance Bond The Contractor guarantees unconditionally to complete, repair, replace, restore, rebuild 20.1 and correct promptly all Work which is incorrect, defective, omitted, or does not otherwise comply with the Contract, of which the Engineer or the Owner gives the Contractor written notice at any time during the Guarantee Period. "Guarantee Period" means the period beginning on the commencement date set forth in the Notice to Proceed and continuing: (a) Through and until two (2) years after Final Completion; and (b) With respect to any Work repaired, replaced, restored or rebuilt by Contractor after Final Completion, through and until two (2) years after the completion of the applicable corrective action. 20.2 If the Contractor fails to commence required corrective action hereunder within three (3) days after written notice from the Engineer, or ifthe Contractor does not thereafter perform diligently and '-" complete its corrective work, the Owner may undertake the necessary corrective work itself; and the Contractor shall bear all costs of such corrective work; or, at the Owner's election, the Owner may require the Surety to take corrective action under the Performance Bond, or Maintenance Bond where applicable. 20.3 The costs of corrective work referred to herein shall include the following: (a) All amounts paid by the Owner to any Contractor, consultant, or other person engaged by the Owner to advise, consult, or furnish labor, materials, services or equipment of any kind necessary (in the Owner's judgment) to perform the corrective Work; All costs of correcting, repairing or replacing any other Work or part of the Project, (b) ~ GC-45 '-" ~ '-' or work of any other prime contractor, damaged, removed, or uncovered by reason of the Contractor's defective or omitted Work; (c) All costs of removing rejected Work from the Site; and (d) All loss, expenses and damages, which the Owner incurs in connection with the foregoing. 20.4 The Owner or the Engineer may elect, by Change Order, to accept defective or non- conforming Work and charge the Contractor for the amount by which the value of the Work has been reduced, as determined by the Engineer. 20.5 The Guarantee Period specified herein establishes only the Contractor's specific obligation to correct the Work and shall not be construed to establish a period oflimitation with respect to any other obligations or liabilities of Contractor under the Contract. This Article XX is intended to supplement and not to limit the Contractor's obligations under other provisions of the Contract. 20.6 Any amounts for which the Contractor is responsible hereunder shall be deducted from the unpaid balance of the Contract Price and the Contractor shall pay to the Owner upon demand any amount owing hereunder which exceeds the unpaid balance of the Contract Price. 20.7 The Contractor shall secure from the manufacturers of all equipment and materials required under the Contract such manufacturers' standard warranties and guarantees (or such other warranties and guarantees as the Specifications may require) in the name of the Owner and shall deliver the same to the Engineer. 20.8 To the extent that the Contractor has performed the Contractor's obligations under this Article, the Owner shall so certify after the expiration of the Guarantee Period. GC-46 \... ~ '-" Article XXI Books and Records and Right of Audit 21.1 All payments whatsoever by the Owner to the Contractor with respect to the Contract, and all Work of the Contractor and all Subcontractors, shall be subject to audit by the Owner at any time, whether before or after Final Completion. 21.2. The Contractor and all Subcontractors shall, upon written notice from the Owner, produce for examination and copying at the Contractor's, or the applicable Subcontractor's, office, by representatives ofthe Owner, any and all books and records as specified in Paragraph 21.3. Moreover, the Contractor, every Subcontractor, and their employees shall submit to examination under oath by any person designated by the Owner to investigate claims against the Owner, possible overpayments to the Contractor, or any other matters with respect to this Contract. 21.3 In this Contract, "Books and Records" means any and all books of account, bills, vouchers, invoices, payrolls, payroll reports, cost estimates and bid computations and analyses, pre-bidding worksheets, take-offs, and quotations from prospective Subcontractors, Subcontracts, purchase orders, time books, logs, daily job diaries and reports, periodic cost analyses kept during the course of the Work, bank deposit books, bank statements, check books, canceled checks, correspondence, and all other documents showing acts and transactions or relating to or arising out of the Work, this Contract, or any Subcontract. 21.4 The Contractor shall keep and maintain all books and records for at least six (6) years after Final Completion. 21.5 If the Contractor and its Subcontractors do not comply with Paragraphs 21.2 and 21.4 of this Article, the Owner shall be released from all claims arising under or relating to this Contract, except for sums certified by the Owner to be due under the Contract. No person has power to waive any provision of GC-47 ~ ~ '-" this Article; and in any legal proceeding against the Owner to recover any sum in excess of the sums certified by the Owner to be due under this Contract, the Contractor must allege in the Contractor's complaint, and prove at trial, the Contractor's compliance with this Article. 21.6 In addition to the foregoing, after commencement of any legal proceeding by the Contractor arising under or by reason of this Contract, the Owner shall have the right upon written notice from the Owner's attorneys to require the Contractor under oath to produce all or any books and records for examination and to cause any officers, principals and employees of the Contractor to be examined under oath by the Owner's attorneys. The Contractor agrees that service of a subpoena for any such purpose shall be effective by mailing to the Contractor or any of its officers or principals by certified mail, return receipt requested to the address specified in this Contract therefor, or if such address ceases to be valid, to the party's last known address. Article xxn Liquidated Damages 22.1 If the Contractor fails to complete the Work on or before the scheduled Completion Date (as may be extended in accordance with Article XVI), the Contractor shall owe the Owner the amount specified in the Information for Bidders for each and every calendar day beyond such scheduled Completion Date until the occurrence of Substantial Completion to compensate the Owner for the delay suffered in obtaining beneficial use of the Work. The Contractor agrees that the Owner's actual damages for delay in obtaining beneficial use of the Work would be difficult or impossible to ascertain and that such amount constitutes a fair and reasonable amount of damages for the Owner's loss of beneficial use. 22.2 The Owner shall deduct any amounts owing to the Owner under this Article from any unpaid balance ofthe Contract Price, and the Contractor shall pay to the Owner, upon demand, any amount GC-48 ~ for liquidated damages, which exceeds the unpaid balance of the Contract Price. 22.3 This Article is intended to supplement (and not to restrict) all other rights and remedies of the Owner under the Contract. This Article is not intended, and shall not be construed, to limit the Owner's right to claim actual damages. Article xxm Legal Proceedings by the Contractor 23.1 Limitation Period. The Contractor agrees that it must commence any and all legal proceedings of whatever nature against the Owner, Engineer, or their representatives, agents, officers and employees, no later than one calendar year following: a. Substantial Completion, with respect to claims arising out of or relating to Work or Extra Work performed, or events occurring, prior to Substantial Completion; ~ Final Completion, with respect to claims arising out of or relating to Work or Extra Work performed, or events occurring, prior to Final Completion; c. Termination pursuant to Articles XIII and XN. 23.2 Attorney's Fees and Legal Costs and Expenses. In the event that the Contractor commences any legal proceeding against the Owner seeking money damages arising out of or relating to the Work, the Contract or the Project, and the Owner thereafter makes a written offer of payment to the Contractor to settle such legal proceeding, and the Contractor does not accept in writing the Owner's offer of payment within thirty (30) calendar days of receipt thereof (unless otherwise extended in writing by mutual consent) and continues to prosecute the legal proceeding to a judgment or final determination, then the Contractor shall pay the full amount of the Owner's reasonable attorney's fees, legal costs and expenses if the b. \....- GC-49 Contractor recovers a judgment or final determination against the Owner for an amount (exclusive of '-' interest) less than the amount offered by the Owner to settle. Furthermore, the Contractor shall pay the full amount ofthe Owner's reasonable attorney's fees, legal costs and expenses, whether or not the Owner made any written offer of settlement, if the Owner obtains a judgment or final determination dismissing the legal proceeding. Article XXN '-' Insurance 24. I Required Insurance. "Required Insurance" means each and every insurance coverage and policy specified in this Article. Unless the Owner specifies otherwise, the Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect all Required Insurance from the Contract Date through Final Completion and otherwise during any period when the Contractor or any Subcontractor is performing any work. The minimum periods and the minimum limits of coverage are not intended, and shall not be construed, to limit any liability or obligation of indemnity of the Contractor under this Contract. If Contractor fails to pay any premium for Required Insurance, or if any insurer cancels or modifies any Required Insurance without the Owner's consent, the Owner at its discretion may pay such premium or procure similar insurance coverage from the same or another insurer, and the Owner may deduct the entire cost or any part thereof from the Contract Price, or the Contractor shall pay the entire cost of any part thereof upon demand. The Contractor shall not perform Work, or allow any of Contractor's or Subcontractor's employees on the Site, during any period when any policy of Required Insurance is not in effect. 24.2 Workers' Compensation. The Contractor shall take out and maintain during the life of the Contract Workers' Compensation Insurance in conformity with the provisions of the Workers' '-' GC-50 \... ~ protecting it from the operations of its Subcontractors under this Contract in an amount no less than $1,000,000 for each person and $3,000,000 for each occurrence. 24.4 Commercial Automobile Liability and Physical Damage. The Contractor shall furnish Bodily Injury Liability and Property Damage Liability insurance covering all automotive equipment used by it on this Contract with a limit of no less than $1,000,000 combined single limit for Bodily Injury and Property Damage. 24.5 Builder's Risk. The Contractor shall carry Builder's Risk (fire and extended coverage) Insurance upon all work in place and/or materials stored at the construction site, including foundations and GC-51 '-" building at the construction site, and including building equipment. The insurance shall be for the benefit of '-" the Contractor and the Owner as an additional insured, and each shall be named in the policy, or policies, as an insured. The policy shall furnish coverage at all times for the full replacement cost value of all completed construction, as well as materials in place and/or stored at the site, whether or not partial payment has been made by the Owner. 24.6 Proof of Coverage. Insurance certificates indicating proof of coverage of the required insurance shall be furnished in the name of the Owner and for all of the insurance required under this Contract, and certificates and the policies shall provide that the certificates and the policies cannot be changed or cancelled until 30 days written notice has been given to the Owner. The insurance required shall be maintained in full force and effect during the performance of the Work. Two (2) copies each of these insurance certificates shall be furnished to the Owner by the Contractor at least ten (10) days prior to the commencement of any Work under this Contract. The original and one copy of the Owner's Commercial General Liability Insurance Policy shall be delivered to the Owner. All policies shall contain an endorsement to the effect that the Owner shall not be responsible for payment of any premIUm. ARTICLE XXV Labor Law Requirements 25.1 Labor Law, ~icle 8. The Contractor shall comply with Article 8 of the Labor Law of the State of New York, the terms of which are referred to and incorporated as though set forth fully herein. 25.2 No laborer, worker or mechanic in the employ of the Contractor, Subcontractor, or other person performing the Work or any part thereof shall be permitted or required to work more than eight (8) hours in anyone calendar day or more than five (5) days in anyone week except in cases of extraordinary \...- GC-52 emergency including fire, flood or danger to life or property. '--' 25.3 Prevailing Wage Rates. Each laborer, worker and mechanic employed by the Contractor and its Subcontractors or other persons performing the Work or any part thereof shall be paid prevailing wages in accordance with Article 8 of the Labor Law. Each employee and person engaged in Work on this project, in the grade, or occupation listed on the Prevailing Wage Rate Schedule (Appendix A hereto), shall be paid not less than the wage rate so listed for that trade or occupation. 25.4 In the event it becomes necessary for the Contractor or any Subcontractor to employ on the project under this Contract any person in a trade or occupation (except executive, supervisory, administrative, clerical or other non-manual workers) for which no minimum wage rate is herein specified, the Contractor shall immediately notify the Owner, who will promptly thereafter furnish the Contractor with the minimum rate. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. \.r ARTICLE XVI Miscellaneous 26.1 Patented and Copyrighted Material. The Contract Drawings, the Specifications, and all other documents forming part of the Contract and all drawings and shop drawings issued by the Owner or the Contractor in connection with this Contract or the Work shall be and shall remain the property of the Owner, whether or not the Owner completes the Project or terminates the Work or the Contract. The Owner shall own all patents and copyrights to all such material, including without limitation plans, drawings, designs, specifications, shop drawings, samples, studies, and surveys prepared by the Contractor, any Subcontractor, or the Owner relating to the performance of the Work, whether prior or subsequent to the ~ GC-53 ~ ~ \. Contract Date. 26.2 Notices. All notices, requests and demands required under this Contract shall be sent by hand or by certified mail, return receipt requested unless otherwise specified in this Contract, and shall be addressed to the Contractor or the Owner at their respective addresses as set forth in this Contract and to the Engineer as set forth in the Invitation to Bid. The Contractor shall promptly notify the Owner of all address changes. 26.3 Applicable Laws, Jurisdiction and Venue. This Contract shall be governed and construed under the laws of the State of New York. The parties consent to the jurisdiction of the Courts of the State of New York to resolve all disputes and claims arising out of or relating to this Contract. The parties agree that the venue of any and all litigation arising hereunder shall be in the County of Dutchess, New York. 26.4 Merger. This Contract embodies the entire agreement of the parties and supersedes all prior and contemporaneous representations, agreements and understandings relating to the subject matter hereof, and any and all such prior and contemporaneous representations, agreements or understandings are deemed to be merged herein. 26.5 The Contractor agrees and represents that the Contractor shall make no claim and shall bring no action against any official or employee in his or her individual, personal capacity for any act, omission or statement made or done relating to or arising out of this Contract. 26.6 General Municipal Law & 109. The Contractor shall not assign, transfer or convey this Contract or any of its right, title or interest herein without the express prior consent in writing of the Owner. 26.7 A finding, ruling or determination that one or more ofthe provisions, terms or conditions in this Contract may be illegal or void shall not affect the validity of the remaining provisions, terms and conditions, which shall be severable and which shall be given their full force and effect. GC-54 \.... '-" \..... IN WITNESS WHEREOF, The Town Board of the Town of Wappinger has caused this agreement to be signed by its Supervisor, pursuant to a resolution of authorization by said Board on the day of this day of Town Board of the Town of Wappinger 20 Middlebush Road Wappinger, NY 12590 By: Title of Signatory: Witness: Contractor Address: By: Title of Signatory: Witness: , 2007, and the Contractor has hereunto set his hand and seal ,2007. GC-55 '-" '-" \.r STArE OF NEW YORK ) ) ) SS: COUNTY OF DUTCHESS On this _ day of , 2007, before me the subscriber personally appeared, to me known, and who, being by me duly sworn, did depose and say that he resides in the Town of Wappinger, New York, and that he is the Supervisor of the Board of said Town of Wappinger, New York; that he knows the seal of said Town of Wappinger, New York and that the seal affixed to the foregoing instrument is such seal; that the same was affixed thereto by the order of the Board of said Town of Wappinger, New York, and he signed his name hereto by like order. Notary Public GC-56 '-" '-" \... ACKNOWLEDGEMENT OF PRINCIPAL. IF A CORPORATION STATE OF NEW YORK ) ) ) SS: COUNTY OF DUTCHESS On this_day of , 2007, before me personally came and appeared _, to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the impressions affixed to said instrument is an impression of such seal; that it was affixed by order of the Directors of said corporation; and that he signed his name thereto by like order. (CORPORATION SEAL) Notary Public GC-57 \.r \..- \..... ACKNOWLEDGEMENT OF PRINCIPAL. IF A PARTNERSlllP STATE OF NEW YORK ) ) ) SS: COUNTY OF DUTCHESS On this_day of , 2007, before me personally came and appeared _to me known to be one of the members of the firm of described in and who executed the foregoing instrument; and he duly acknowledged to me that he executed the same as and for the act and deed of said firm. Notary Public GC-58 '-" ACKNOWLEDGEMENT OF PRINCIPAL. IF AN INDNIDUAL STATE OF NEW YORK ) ) ) SS: COUNTY OF DUTCHESS On this day of ,2007, before me personally came and appeared to me known to be the person described in and who executed the foregoing instrument; and he duly acknowledged to me that he executed the same. Notary Public ~ \r... GC-59 ~ Eliot Spitzer, Govemor NYS o.parInleDt GI Labor _.Orkforce ew York . Put us to work for you M. Patricia Smith, Commissioner Town of Wappinger Eric Fellenzer, Principal Fellenzer Engineering 22 Mulberry Street Middletown NY 10940 Schedule Year Date Requested PRC# 2006 through 2007 03/08/2007 2006007854 Location Project ID# Project Type Carnwath and Highway Garage Carnwarth & Highway Garage Fuel Tank Improvements PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2006 through June 2007. All updates, corrections, posted on the 1 st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. ~ It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and lor to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION I CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name & Title of Representative: Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 \... www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us \... General Provisions of Laws Covering Workers on Article 8 Public Work Contracts Introduction The labor law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed. Responsibilities of the Department of Jurisdiction A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract. ~ The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project. This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW 39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW 16) is provided with the original Prevailing Rate Schedule. The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose. Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public work project shall be not less than those listed in the current Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an original Prevailing Rate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) 485-1870; or electronically at the NYSDOL website www.labor.state.ny.us. Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL website www.labor.state.ny.us. The Commissioner of labor makes an annual determination of the prevailing rates. This determination is in effect from July 1 st through June 30th of the following year. The annual determination is available on the NYSDOL website www.labor.state.ny.us. Payrolls and Payroll Records Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project: Name, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provide, and Daily and weekly number of hours worked in each classification. \...- Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) . days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall receive and maintain such payrolls. ..... In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for public work and private work. Payroll records include, by are not limited to time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project worksite. \.- The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law. All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will payor provide the applicable rates of wages and supplements specified therein. (See NYS Labor Laws, Article 8 . Section 220-a). Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties The wages and supplements contained in the annual determination become effective July 1 st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1 st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover periods of time beyond the July 1 st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time period are informational ONLY and may be updated in future annual determinations that actually cover the then appropriate July 1 st to June 30th time period. Withholding of Payments When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to payor provide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages or supplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to payor provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. Summary of Notice Posting Requirements The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work project. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverse weather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2) inches. Every employer providing workers. compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers. Compensation Board in a conspicuous place on the jobsite. Ii.. Every employer subject to the NYS 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. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the NYS Department of Labor. \.,. Apprentices Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide buildin~ trade ratios promulgated by the Department of Labor and included with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing. NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of office registers apprentices in New York State. Persons wishing to verify the apprentice registration of any person must do so in writing by mail, to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY 12240 or by Fax to NYSDOL Apprenticeship Training (518) 457-7154. All requests for verification must include the name and social security number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: - Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made. - A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due. Debarment ~ Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when: - Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year period. - There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 and Article 9 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, 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. No contractor, subcontractor nor any person acting on its 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 (NYS Labor Law, Article 8, Section 220-e(a)). No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220- e(b) ). The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each L . calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract ....... (NYS Labor Law, Article 8, Section 220-e(c) ). The contract may be cancelled or terminated by the State or municipality. All monies 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 (NYS Labor Law, Article 8, Section 220-e(d) ). ~ 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. Workers' Compensation In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor. ~ ~ Eliot Spitzer, Governor NY! D,-wlent of Labor ~. o. . Moree . ew York .. Put us to work for you M. Patricia Smith, Commissioner Town of Wappinger Eric Fellenzer, Principal Fellenzer Engineering 22 Mulberry Street Middletown NY 10940 Schedule Year Date Requested PRC# 2006 through 2007 03/08/2007 2006007854 Location Project 10# Project Type Carnwath and Highway Garage Carnwarth & Highway Garage Fuel Tank Improvements Notice of Contract Award New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts, be furnished to the Commissioner of Labor. One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project. Upon notifying the successful bidder(s} of this contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. Contractor Information All information must be supplied Federal Employer Identification Number: Name: Address: City: State: Zip: Amount of Contract: $ Approximate Starting Date: / / Contract Type: [] (01) General Construction [] (02) HeatingNentilation [] (03) Electrical [] (04) Plumbing [] (05) Other : Approximate Completion Date: / / Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor.state.ny.us. PW16 PWAsk@/abor.state.ny.us \...,. To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND Budget Policy & Reporting Manual 8-610 Public Work Enforcement Fund effective date December 7, 2005 1. Purpose and Scope: This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and its relevance to State agencies and public benefit corporations engaged in construction or reconstruction contracts, and announces the recently-enacted increase to the percentage of the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the following entities with respect to the Fund: ..... New York State Department of Labor (DOL), The Office of the State of Comptroller (OSC), and State agencies and public benefit corporations. 2. Background and Statutory References: DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for construction or reconstruction as defined in subdivision two of Section 220 of the Labor Law. State agencies and public benefit corporations participating in such contracts are required to make payments to the Fund. Chapter 511 of the Laws of 1995 (as amended by Chapter 513 of the Laws of 1997, Chapter 655 of the Laws of 1999, Chapter 376 of the Laws of2003 and Chapter 407 of the Laws of 2005) established the Fund. 3. Procedures and Agency Responsibilities: The Fund is supported by transfers and deposits based on the value of contracts for construction and reconstruction, as defined in subdivision two of Section 220 of the Labor Law, into which all State agencies and public benefit corporations enter. Chapter 407 of the Laws of 2005 increased the amount required to be provided to this fund to .10 of one-percent of the total cost of each such contract, to be calculated at the time agencies or public benefit corporations enter into a new contract or if a contract is amended. The provisions of this bill became effective August 2, 2005. ~ To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND '-' OSC will report to DOL on all construction-related ("D") contracts approved during the month, including contract amendments, and then DOL will bill agencies the appropriate assessment monthly. An agency may then make a determination if any of the billed contracts are exempt and so note on the bill submitted back to DOL. For any instance where an agency is unsure if a contract is or is not exempt, they can call the Bureau of Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. Reports should contain the following information: Name and billing address of State agency or public benefit corporation; State agency or public benefit corporation contact and phone number; Name and address of contractor receiving the award; Contract number and effective dates; Contract amount and PWEF assessment charge (if contract amount has been amended, reflect increase or decrease to original contract and the adjustment in the PWEF charge); and Brief description of the work to be performed under each contract. ~ Checks and Journal Vouchers, payable to the "New York State Department of Labor" should be sent to: Department of Labor Administrative Finance Bureau-PWEF Unit Building 12, Room 464 State Office Campus Albany, NY 12240 Any questions regarding billing should be directed t~ NYSDOL:s Admi~istrative Finance Bureau-PWEF Unit at (518) 457-3624 and any questIOns regardmg PublIc Work Contracts should be directed to the Bureau of Public Work at (518) 457-5589. ~ Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRe Number 2006007854 Introduction to the Prevailing Rate Schedule ~ Information About Prevailing Rate Schedule This information is provided to assist you in the interpretation of particular requirements for each classification of worker contained in the attached Schedule of Prevailing Rates. , Classification It. is the duty. o~ the Commissioner of Labor to make the .prop~r classification of worker:; ta~ing into account whether the work is heavy and hIghway, building, sewer and water, tunnel work or resIdential, and to make a determination of wages and supplements to be paid or provided. It is the responsibility of the public work contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the project. District office locations and phone numbers are listed below. Paid Holidays Paid Holidays are days for which an eligible employee receives a ref.lular day's pay, but is not required to perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. Overtime Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Supplemental Benefits Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (including paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. Effective Dates \.r When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July 1 of each year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements. If you have any questions please contact the Bureau of Public Work or visit the New York State Department of Labor website (www.labor.state.ny.us) for current wage rate information. Apprentice Training Ratios The following are the allowable ratios of registered Apprentices to Journey-workers. For example, the ratio 1 :1,1:3 indicates the allowable initial ratio is one Apprentice to one Journeyworker. The Journeyworker must be in place on the project before an ~ppren~ice is allowed. Then three additiona Journeyworkers are needed before.a second ~pprentice is. allowed. The last ratio repeats Indefinitely. Therefore, three more Journeyworkers must be present before a third Apprentice can be hired, and so on. Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions. \.... Title (Trade) boilermaker Mason Carpenter Electrical (Outside) Lineman Electrician (Inside) Elevator/Escalator Construction & Modernizer Glazier Insulation & Asbestos Worker Iron Worker Laborer Op Engineer Painter Plumber & Steamfitter Ratio 1 :1,1:4 1 :1,1:4 1 :1,1:4 1 :1,1:2 1 :1,1:3 1 :1,1:2 1 :1,1:3 1 :1,1:4 1 :1,1:6 1 :1,1:3 1 :1,1:5 1 :1,1:3 1 :1,1:3 Page 11 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRe Number 2006007854 ~ Roofer Sheet Metal Worker Sprinkler Fitter 1:1,1:2 1 :1,1:3 1:1,1:2 If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of PUBLIC WORK District Office or write to: New York State Department of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 District Office Locations: Telephone # Bureau of Public Work - Albany 518-457-2744 Bureau of Public Work - Buffalo 716-847-7159 Bureau of Public Work - Garden City 516-228-3915 Bureau of Public Work - New York City 212-352-6088 Bureau of Public Work - Rochester 585-258-4505 Bureau of Public Work - Syracuse 315-428-4056 Bureau of Public Work - Utica 315-793-2314 Bureau of Public Work - White Plains 914-997-9507 Bureau of Public Work - Central Office 518-457-5589 \a.- FAX # 518-485-0240 716-847-7650 516-794-3518 212-352-6580 585-258-4708 315-428-4671 315-793-2514 914-997-9523 518-485-1870 \.. Page 12 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Dutchess County General Construction Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County \.- JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES Dutchess, Orange, Putnam, Rockland, Westchester WAGES Per hour: 07/01/2006 DISTRICT 8 Asbestos Worker $ 41.16 Fire Stop Work" Asbestos Worker $ 23.83 " Applies on all exclusive Fire Stop Work (When contract is for Fire Stop work only). No apprentices on these contracts only. Note: Additional $0.50 per hour for work 30 feet or more above floor or ground level. SUPPLEMENTAL BENEFITS (per hour paid) Journeyman $ 18.73 Fire Stop Work: Journeyman $ 9.44 Apprentices: 1 st term 2nd term 3rd term 4th term $ 11.35 12.27 13.20 15.04 \.., OVERTIME PAY OVERTIME: See ( B ,E, a, T", V ) on OVERTIME PAGE. HOLIDAY HOLIDAY: Paid: Overtime: See ( 1 ) on HOLIDAY PAGE. See ( 2", 4, 6, 16,25) on HOLIDAY PAGE. "Note: Labor Day triple time if worked. REGISTERED APPRENTICES ( 1 ) year terms at the following percentage of journeyman's rate. 1 st 2nd 3rd 4th $ 25.35 27.32 29.30 33.25 8-91 Asbestos Worker 03/01/20.07 JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES Columbia, Delaware, Dutchess, Greene, Orange, Putnam, Rockland, Sullivan, Ulster WAGES Per hour DISTRICT 1 07/01/2006 Asbestos Worker: Removal & Hazardous Abatement Only $ 25.30 Only for the removal of insulation materials from mechanical systems which are not going to be scrapped. ~ SUPPLEMENTAL BENEFITS Per hour paid Journeyman $ 12.55 Page 13 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County ~ OVERTIME PAY See (B, E, *Q, **T, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (2, 4, 6, 25) on HOLIDAY PAGE * Code Q applies to 4,6,& 25. ** Code T applies to 2. 1-201 HV Boilermaker 0310112007 JOB DESCRIPTION Boilermaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per Hour: 07/01/2006 Boilermaker SUPPLEMENTAL BENEFITS Per Hour: $ 41.85 07/01/2006 Journeymen $ 8.27 + 48% of the Hourly Wage OVERTIME PAY See (0, 0) on OVERTIME PAGE HOLIDAY Paid: See (8, 16,23,24) on HOLIDAY PAGE Overtime: See (4, 6, 11, 12, 15,25) on HOLIDAY PAGE REGISTERED APPRENTICES (1/2) Year Terms at the following pecentage of Journeyman's Wage ~ 1st 65% 2nd 65% 3rd 70% 4th 75% 5th 80% 6th 85% 7th 90% 8th 95% Supplemental Benefits Per Hour: 07/01/2006 Apprentices $ 8.27 + 48% of the Hourly Wage 4-5 Carpenter 03/0112007 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2006 Marine Construction: Marine Diver M.D.Tender $ 51.41 37.36 ~ SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 32.22 Page 14 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County '-" OVERTIME PAY See (B. E. E2. Q) on OVERTIME PAGE HOLIDAY Paid: See (18.19) on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices See (5.6.10.11.13.16.18.19) Overtime: See (5.6.10.11.13.16.18.19) on HOLIDAY PAGE. REGISTERED APPRENTICES Wager per hour: (1) year terms: 1st $ 16.55 2nd $ 20.69 3rd $ 26.90 4th $ 33.11 Supplemental benefits per hour: Apprentices $ 21.43 9-1456MC Carpenter .03/01/2007 JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx. Dutchess. Kings, Nassau. New York. Orange. Putnam. Queens. Richmond. Rockland. Suffolk. Westchester WAGES Per hour: 07/01/2006 ~ Carpet/Resilient Floor Coverer $ 45.66 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 25.01 OVERTIME PAY See (B. E. Q) on OVERTIME PAGE HOLIDAY Paid: See (18, 19)on HOLIDAY PAGE. Paid: for 1 st & 2nd yr. Apprentices See (5.6.11.13.16.18.19.25) See (5.6.11,13.16,18.19.25) on HOLIDAY PAGE. Overtime: REGISTERED APPRENTICES Wage per hour: (1) year terms: 1st. $ 18.80 2nd. $22.82 3rd. $28.86 4th. $34.90 Supplemental benefits per hour: '-" Apprentices $ 18.05 9-2287 Page 15 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Carpenter Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County 03/01/2007 \....- JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx. Dutchess. Kings. Nassau. New York. Orange. Putnam. Queens. Richmond. Rockland. Suffolk. Westchester WAGES Per hour: 07/01/2006 Piledriver Dockbuilder $ 45.68 45.68 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 25.01 OVERTIME PAY See (B. E2: O) on OVERTIME PAGE HOLIDAY Paid: See (18.19}on HOLIDAY PAGE. Paid: for 1 st & 2nd yr. Apprentices See (5.6.11.13.16.18.19.25) Overtime: See (5.6.11.13.16.18.19.25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour: '-- (1 }year terms: 1st. 2nd. 3rd. 4th. $ 18.80 $ 22.83 $ 28.87 $ 34.92 Supplemental benefits per hour: Apprentices $ 18.05 Carpenter JOB DESCRIPTION Carpenter ENTIRE COUNTIES Dutchess. Orange WAGES Per hour: 07/01/2005 Building: Millwright $ 32.86 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 27.30 9-1456 03/0112007 DISTRICT 9 OVERTIME PAY See (B. E. E2, Q) on OVERTIME PAGE HOLIDAY HOLIDAY: .. . Paid: See (18.19) on HOLIDAY PAGE. ....... Paid: See (5.6.11.13.16.18.19.25) for 1st & 2nd yr.Apprentices Overtime: See (5.6.11.13.16.18, 19.25) on HOLIDAY PAGE. REGISTERED APPRENTICES Page 16 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 last Published on Mar 01 2007 Wages per hour: ~ (1) year terms at the following percentage of Journeyman's wage. Published by the New York State Department of labor PRC Number 2006007854 Dutchess County 1st 55% Supplemental benefits per hour: APPRENTICES: 1st 17.51 2nd 65% 3rd 75% 4th 95% 2nd 19.37 3rd 21.90 4th 24.95 9-740.2 Carpenter.. BuildingIHeavv&HigllW8V JOB DESCRIPTION Carpenter - Building I Heavy&Highway ENTIRE COUNTIES Columbia, Dutchess, Greene, Orange, Sullivan, Ulster WAGES WAGES:(per hour) 03/01/2007 DISTRICT 8 7/01/2006 Carpenter Carpenter-Floor Coverer. Dockbuilder/Piledriver. Diver Tender. Diver(WET)* Diver(DRY)* $ 27.85 27.85 27.85 27.51 53.24 32.61 \...r * Note: Rate DOES NOT apply in Orange or Dutchess County. On projects for removal andlor abatement of asbestos or any toxic or hazardous material and it is required by the employer or mandated by NYS or Federal Regulation to wear protective equipment an additional $2.00 per hour above their appropriate rate for all classifications including apprentices. For work on smokestacks, silos, or steeples more than fifty (50) feet high, an additional $2.00 per hour, payable from the ground up. SUPPLEMENTAL BENEFITS (per hour paid) Journeyman Apprentices 1 st term 2nd term 3rd term 4th term $ 16.82 7.91 11.91 15.67 15.97 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY BUilDING: Paid: Overtime: HEAVY/HIGHWAY: Paid: Overtime: See ( 1) on HOLIDAY PAGE. See ( 5,6) on HOLIDAY PAGE. See (5,6,16) on HOLIDAY PAGE including benefits. See ( 5, 6, 16 ) on HOLIDAY PAGE. REGISTERED APPRENTICES Terms at the following rates. 1st 2nd 3rd 4th $ 14.05 16.30 19.81 22.88 8-19B/H&H Electrician 03/01/2007 \w. JOB DESCRIPTION Electrician ENTIRE COUNTIES Sullivan, Ulster PARTIAL COUNTIES DISTRICT 8 Page 17 \..... Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Published by the New York State Department of Labor Last Published on Mar 01 2007 PRC Number 2006007854 Dutchess County Delaware: Only in the Townships of Andes, Harpersfield, Kortwright,Stamford, Bovina, Roxbury, Middletown and those portions of Colchester and Hancock south of the East Branch of the Delaware River. Dutchess: All of the county except for the towns of Fishkill,East Fishkill, and Beacon. Greene: That portion of the county south of a line following the south limits of the city of Catskill in a Westerly direction from the Hudson River to Highway 23A along 23A to the road following the Little Westkill and continuing along this road to Delaware County. WAGES Per hour: 07/01/2006 Electrician WiremanITechnician $ 35.00* SHIFT DIFFERENTIAL: On Public Work in New York State when shift work is mandated either in the jOb specifications or by the contracting agency, the following rates apply: Shift worked between 4:30pm & 12:30am Shift worked between 12:30am & 8:30am $41.06* $ 45.99* . On jobs where employees are required to work from bosun chairs, swinging scaffolds, etc. ,forty (40) feet or more above the ground, or under compressed air, using Scottair packs, gas masks or in shafts or tunnels, they shall receive an additional $2.00 per hour above the regular straight time rate. SUPPLEMENTAL BENEFITS Per hour worked: 07/01/2006 Journeyman $ 20.90 plus 6% of wage OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5,6, 13, 15, 16,25) on HOLIDAY PAGE REGISTERED APPRENTICES \...,. Wages: (6)month terms at the following percentage of journeyman's wage. 1 st 2nd 3rd 4th 5th $11.10 $12.95 $14.80 $16.65 $18.50 6th $20.35 7th $24.05 8th $25.90 9th $27.75 10th $31.45 Supplemental Benefits per hour worked: 07/01/2006 1 st & 2nd term 3rd & 4th term 5th & 6th term 7th & 8th term 9th & 10th term $ 6.97 8.92 10.87 13.82 16.72 plus 6% of wage plus 6% of wage plus 6% of wage plus 6% of wage plus 6% of wage 8-363/2 Electrician 03/0112007 JOB DESCRIPTION Electrician ENTIRE COUNTIES Orange, Putnam, Rockland PARTIAL COUNTIES Dutchess: Towns of Fishkil/, East Fishkill, and Beacon. WAGES Per hour: DISTRICT 8 07/01/2006 Electrician WiremanITechnician $ 39.00* ~ .SHIFT DIFFERENTIAL: On Public Work in New York State when shift work is mandated either in the job specifications or by the contracting agency, the following rates apply: Shift worked between 4:30pm & 12:30am $ 45.75* Page 18 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Shift worked between 12:30am & 8:30am Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County $ 51.25* '-" . On jobs where employees are required to work from boatswain chairs, swinging scaffolds, etc.,forty (40) feet or more above the ground, or under compressed air, using Scottair packs, gas masks or in shafts or tunnels, they shall receive an additional $2.00 per hour above the regular straight time rate. SUPPLEMENTAL BENEFITS Per hour worked: 07/01/2006 Journeyman $ 20.90 plus 6% of wage OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 13, 15, 16,25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (6)month terms at the following percentage of Journeyman's wage. 1st $11.10 2nd $12.95 3rd $14.80 4th $16.65 5th $18.50 6th $20.35 7th $24.05 8th $25.90 9th $27.75 10th $31.45 Supplemental Benefits per hour worked: 07/01/2006 1 st & 2nd term 3rd & 4th term 5th & 6th term 7th & 8th term 9th & 10th term $6.97 8.92 10.87 13.82 16.72 plus 6% of wage plus 6% of wage plus 6% of wage plus 6% of wage plus 6% of wage \... 8-363/1 Electrician Lineman 03/01/2007 JOB DESCRIPTION Electrician Lineman DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates WAGES Per hour: Includes Teledata Work within Ten feet of High Voltage Transmission Lines Lineman/T ech .!Welder Cable splicer Digging Machine Operator Tract Trailer Driver Truck Driver/Groundman Mechanic 1 st Class Flagman 07/01/2006 $ 38.00 38.00 34.20 32.30 30.40 30.40 22.80 Additional 1.00 per hrJor entire crew when a helicopter is used. ~ Above rates applicable on all overhead Transmission line work & Fiber Optic Cable where other construction trades are or have been involved. This applies to transmission line work only, not other construction. Lineman/T echnician!Welder Digging Machine Operator Tractor Trailer Driver $ 36.78 33.10 31.26 Page 19 '-' Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Truck Driver/Groundman Mech. 1 st Class Flagman Certified WelderPipe Type Cable Cable Splicer Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County 29.42 29.42 22.07 38.62 40.46 Additional 1.00 per hour for entire crew when a helicopter job. Above rates apply on Switching Structures, Maintenance projects, Railroad Catenary install/maint, Third rail installation, Bonding of Rails and pipe type cable and installation of Fiber Optic Cable. Lineman /Techician Welder/Cable Splicer Digging Machine Operator Tractor Trailer Driver Truck Driver/Groundman Mechanic 1 st Class Flagman $ 35.48 35.48 31.93 30.16 28.38 28.38 21.29 Additional 1.00 per.hrJor entire crew when a helicopter is used. Above rates applicable on all overhead and underground distribution and maintenance work, and all overhead and underground transmission line work and the installation of Fiber Optic Cable where no other construction trades are or have been involved. Lineman/T echnician Cable Ssplicer Certified Welder Digging Machine Operato Tractor Trailer Driver Mechanic 1 st Class Truck Driver/Groundman Flagman $ 35.48 39.03 37.25 31.93 30.16 28.38 28.38 21.29 ~ Additional $ 1.00 per hour for entire crew when a helicopter is used. Above rates applicable on all electrical sub-stations, switching structures, fiber optic cable and all other work not defined as "Utility outside electrical work" SUPPLEMENTAL BENEFITS Per hour worked including holidays listed below: The following SUPPLEMENTAL benefits apply to all classification categories of CONSTRUCTION, TRANSMISSION and DISTRIBUTION. $ 11.50 plus 7% of wage OVERTIME PAY See (B, E, Q,) on OVERTIME PAGE. Double time for all emergency work designated by the Dept. of Jurisdiction. NOTE: THE FOLLOWING RATES WILL APPLY ON ALL CONTRACTING AGENCY MANDATED SHIFTS OF AT LEAST FIVE (5) DAYS DURATION WORKED BETWEEN THE HOURS LISTED BELOW: 1 st shift 8:00 AM to 4:30 PM REGULAR RATE 2nd shift 4:30 PM to 1 :00 AM REGULAR RATE PLUS 17.3 % 3rd shift HOLIDAY Paid Overtime 12:30 AM to 9:00 AM REGULAR RATE PLUS 31.4 % See ( 5, 6, 8, 13,25) on HOLIDAY PAGE plus Gov. Election Day. See ( 5, 6, 8, 13,25) on HOLIDAY PAGE plus Gov. Election Day. SUPPLEMENTS for holidays paid at straight time REGISTERED APPRENTICES ( 1000 ) hr terms at the following percentage of Journeyman's wage. 1 st 2nd 3rd 4th 5th 60% 65% 70% 75% 80% \...r 6th 85% 7th 90% Page 20 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Supplemental Benefits per hour worked: Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County \....- The following SUPPLEMENTAL benefits apply to all classification categories of CONSTRUCTION, TRANSMISSION and DISTRIBUTION. $ 11.50 plus 7% of wage 6-1249a Electrician Lineman - Teledata 03/01/2007 JOB DESCRIPTION Electrician Lineman - Teledata DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per hour: For work outside building property lines.... .... EXCLUDES Teledata work within ten feet of High Voltage transmission lines. For this work please see LINEMAN. Cable Splicer Installer/Repairman Teledata Lineman Technician/Equip oper 07/01/2006 $ 24.24 23.02 23.02 23.02 01/01/2007 $ 24.85 23.60 23.60 23.60 Groundman SUPPLEMENTAL BENEFITS Per hour worked: 12.20 12.51 '-' 3.93 plus 3% of wage 4.43 plus 3% of wage OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: Overtime: See (1) on HOLIDAY PAGE See (5,6,16) on HOLIDAY PAGE 6-1249L T - Teledata Electrician Lineman - Traffic Signal Lighting 03/01/2007 JOB DESCRIPTION Electrician Lineman - Traffic Signal Lighting ENTIRE COUNTIES Columbia, Dutchess, Orange, Putnam, Rockland, Ulster WAGES Per hour: DISTRICT 6 For All Lighting and Traffic Signal Systems. Certified welder LinemanlTechnician Digging Machine Tractor Trailer driver Truck Driver/Groundman Mechanic 1st Class Flagman 07/01/2006 $ 35.56 33.87 30.48 28.79 27.10 27.10 20.32 '-' Above rates applicable on ALL Lighting and Traffic Signal Systems and the installation, testing, operation, maintenance and repair of all traffic control and illumination projects, traffic monitoring systems, road weather information systems and the installation of Fiber Optic Cable. Page 21 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County ~ SUPPLEMENTAL BENEFITS Per hour worked including above listed holidays: $11.50 plus 6.5% of wage OVERTIME PAY See ( B, E, Q,) on OVERTIME PAGE. Note" Double time for all emergency work designated by the Dept of Jurisdiction. NOTE: THE FOLLOWING RATES WILL APPLY ON ALL CONTRACTING AGENCY MANDATED SHIFTS OF AT LEAST FIVE (5) DAYS DURATION WORKED BETWEEN THE HOURS LISTED BELOW: 1 ST SHIFT 2ND SHIFT 3RD SHIFT 8:00 AM TO 4:30 PM REGULAR RATE 4:30 PM TO 1 :00 AM REGULAR RATE PLUS 17.3% 12:30 AM TO 9:00 AM REGULAR RATE PLUS 31.4% HOLIDAY HOLIDAY: Paid Overtime See (5,6,8,13,25) on HOLIDAY PAGE and Gov Election Day. See (5,6,8, 13,25) on HOLIDAY PAGE and Gov Election Day. Supplements paid at STRAIGHT TIME rate for holidays. The following apprentice rates and the following supplemental benefits apply to all classifications. REGISTERED APPRENTICES (1000) hr terms at the following percentage of journeyman wage 1 st 2nd 3rd 4th 5th 60% 65% 70% 75% 80% 6th 85% 7th 90% 6-1249aReg8L T Electrician Lineman ~ Tree Trimmer 03/01/2007 '-' JOB DESCRIPTION Electrician Lineman - Tree Trimmer DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates WAGES Per hour: Applies to line clearance, tree work and right-of-way preparation on all new or existing overhead electrical, telephone and CATV lines. 07/01/2006 01/01/07 Tree trimmer Equip Operator Mechanic Truck Driver Ground person Flag person SUPPLEMENTAL BENEFITS Per hour worked including above listed holidays: $ 19.81 17.48 17.48 14.77 12.13 8.63 $ 20.40 18.00 18.00 15.21 12.49 8.89 $ 5.00 plus 3% of wage 5.35 plus 3% of wage OVERTIME PAY \.- See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5,6,8,10,15,16) on HOLIDAY PAGE Overtime: See (5, 6, 8,10,15,16) on HOLIDAY PAGE Page 22 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County Supplements paid at STRAIGHT TIME rate for holidays. 6-1249TT ~ JOB DESCRIPTION Elevator Constructor DISTRICT 1 ENTIRE COUNTIES Dutchess, Orange, Putnam, Sullivan, Ulster PARTIAL COUNTIES Columbia: Only the Townships of Ancram, Clermont, Copake, Gallatin,Germantown, Livingston and Taghkanic. Delaware: Towns of Andes, Bovina, COlchester,Davenport, Delhi, Harpersfield, Herndon, Kortright, Meredith, Middletown, Roxbury, Hancock & Stamford Greene: The Townships of Ashland, Catskill, Halcott, Hunter, Jewett, Lexington, Rattsville & Windham Rockland: Only the Township of Stony Point. Westchester: Only the Townships of Bedford, Lewisboro, Cortland,Mt. Kisco, North Salem, Pound Ridge, Somers and Yorktown. WAGES Per Hour 07/01/2006 01/01/2007 Mechanic Helper SUPPLEMENTAL BENEFITS Per hour worked $ 42.215 $ 29.55 $ 43.52 $ 30.46 Journeyman $ 13.265 $ 14.89 +8% +8% of wage of wage $ 13.265 $ 14.89 +6% +6% of wage of wage Helper ~ OVERTIME PAY See (D, 0) on OVERTIME PAGE HOLIDAY Paid: Overtime: See ( 5,6,15,16 ) on HOLIDAY PAGE See (5,6,15,16) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour 1st 6mo 2nd 6mo 50 % 55 % 2nd yr 65% 3rd yr 70% 4th yr 80% Supplemental Benefits per hour worked Apprentices $ 13.265 +6% of wage $ 14.89 +6% of wage 1-138 Glazier 03/01/2007 JOB DESCRIPTION Glazier DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per hour: 07/01/2006- 04/30/2007 05/01/2007 Glazier $ 41.45 Additional $ 2.15 per hour worked Scaffolding $ 42.45 \w. Repair & Maintenance: Glazier $ 24.60 Page 23 $ 25.35 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County '-' Repair & Maintenance- All repair & maintenance work on a particular building, whenever performed, where the total cumulative contract value is under $100,000.00. SUPPLEMENTAL BENEFITS Per hour paid:Overtime rate shown in parenthisis Journeyman.... $ 19.90 Glazier Repair & Maintenance: OVERTIME PAY OVERTIME: $ 11.79 $ 11.89 See (C*,D*O) on OVERTIME PAGE. * Denotes if an optional 8th hour is required same will be at the regular rate of pay. If 9th hour is worked then both hours or more ( 8th and 9th or more) will be at the double time rate of pay. .. For Repair & Maintenance see ( a,F, P) on overtime page. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16,25) on HOLIDAY PAGE The Following are paid holidays for the Repair&Maintenance Class:New Years day, Presidents day, Memorial day, Independents day, Labor day, Thanksgiving day, day after Thanksgiving, and Christmas day. REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage rates. 1 st term... 2nd term... 3rd term... 4th term... $ 14.21 $ 20.75 $ 24.89 $ 33.17 '-" Supplemental Benefits: (Per hour worked) 1 st term.... 2nd term.... 3rd term.... 4th term.... $ 9.13 $ 13.62 $ 14.87 $ 17.39 Ironworker 9-1281 (DC9 NYC) 03101/2007 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster WAGES Per hour: DISTRICT 8 07/01/2006 Structural Reinforcing Ornamental Chain Link Fence SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 35.80 35.80 35.80 35.80 '-' $ 24.35 OVERTIME PAY Page 24 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County ~ OVERTIME:.....See ( B., E.., Q, V) on OVERTIME PAGE. .Note: Double Time after 10 hours Monday thru Friday. ..Note: On Saturdays, double time after 8 hours. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (1 )year terms at the following wage. 1 st 2nd 3rd 4th $ 21.48 25.06 28.64 32.22 Supplemental Benefits per hour worked: 1 st year 2nd year 3rd year 4th year $ 21.45 22.18 22.90 23.63 8-417 Laborer 03/01/2007 ~ JOB DESCRIPTION Laborer ENTIRE COUNTIES Dutchess PARTIAL COUNTIES Columbia: Only the Townships of Ancram, Claverack, Clermont, Copake,Gallatin, Germantown, Greenport, Hillsdale, Livingston, and Taghkanic. WAGES GROUP #1: General Laborer, Mason tenders, Carpenter Tenders, Labor Stripping and Cleaning Forms, Laborer Grading and Digging Ditches, Sweepers and Cleaners. DISTRICT 1 GROUP # 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 machine under 21 E), Vibrators, Form Setters, Handling Reinforcement Rods, Working Labor Foreman, Jack Hammers and Oper. Signal Men, Gunniting, Shop Stewards, Motor Buggs, Water Pumps(2" or under), Barco Machine, Wreckers, Paving Breaker, Power Saw Operators, Other machine Operators. GROUP # 3: Blaster, Laser Beam Oper.,Asphalt Rakers & Drillers WAGES per hour 07/01/2006 06/01/2007 Additional 06/01/2008 Additional GROUP # 1 GROUP # 2 GROUP # 3 SUPPLEMENTAL BENEFITS Supplemental Benefits per hour worked $ 25.10 25.60 27.45 $1.60 1.60 1.60 $1.60 1.60 1.60 Journeyman $ 16.20 "-' OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Page 25 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Wages per hour Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County ~ 1000 Hour terms 1st term $ 14.00 2nd term 3rd term 4th term 15.00 16.00 17.00 Supplemental Benefits per hour worked Apprentices $ 9.10 Laborer. Building 1-1000 03/01/2007 JOB DESCRIPTION Laborer - Building ENTIRE COUNTIES Dutchess PARTIAL COUNTIES Columbia: Only the Townships of Greenport, Claverack, Philmont,Clermont, Germantown, Livingston, Hillsdale Gallatin Copake Ancram Taghkanic and the City of Hudson. ' , , , WAGES "ALL WORK RELATED WITH TOXIC OR ANY ASBESTOS OR HAZARDOUS MATERIAL" DISTRICT 8 WAGES: (per hour)" 7/01/2006 Protective Gear Not Required $ 26.25 ~ Protective Gear Required 30.80 SUPPLEMENTAL BENEFITS (per hour worked) Journeyman $ 15.35 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: Overtime: See (1) on HOLIDAY PAGE See (5, 6) on HOLIDAY PAGE 8-17tox Laborer. Heavy&Highwav 03/01/2007 JOB DESCRIPTION Laborer - Heavy&Highway ENTIRE COUNTIES Dutchess PARTIAL COUNTIES Columbia: Only the Townships of Ancram, Claverack, Clermont, Copake,Gallatin, Germantown, Greenport, Hillsdale, Livingston, and Taghkanic. WAGES GROUP # 1: Flagperson, Placing & maintenance of all flares, cones, lights, signs, barricades, traffic patterns and all reflective type materials for traffic control, custodial work, traffic directors, temporary heat or light tenders, tool room. DISTRICT 1 GROUP # 2: General Laborer, Dumpman, Pitman, All AFL-CIO Trades Tenders. Concrete Man, Signal Man, Pipe Layer, Rip Rap, Dry Stone Layer, Jack Hammer, Powderman, Highscalers, Power Buggy Operator, Steel Rod Carrier, L Vibratory Oper., Other Machine Oper., Wrecking, Vibrator Operator-Compactor, Gunite & Sand Blasting, Water Pumps 2" or under, Nipper, ~ Chucker, Asphalt Worker. GROUP # 3: Asphalt Raker, Asphalt Screedman, Drillers (all), Laser Beam Operator, Form Setters/Aligners, Blaster. Page 26 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 last Published on Mar 01 2007 Published by the New York State Department of labor PRC Number 2006007854 Dutchess County '-' WAGES per hour 07/01/2006 Group # 1 Group # 2 Group # 3 $ 21.70 25.46 26.46 05/01/2007 Additional $1.55 1.55 1.55 All employees who work an irregular work day that starts after 9:00 AM on a governmental mandated schedule shall be paid an additional 15% per hour. SUPPLEMENTAL BENEFITS Per hour worked & holidays Journeyman $ 15.60 $ 15.60 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 13, 15,25) on HOLIDAY PAGE Overtime: See (5,6, 13, 15,25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour 1000 hour year terms 1st Term 2nd Term 3rd Term 4th Term $ 14.00 15.00 16.00 17.00 \....r Supplemental Benefits per hour worked & Holidays Apprentices $ 8.90 1-1000h Laborer - HeaVV&Hlghwav JOB DESCRIPTION laborer - Heavy&Highway ENTIRE COUNTIES Dutchess PARTIAL COUNTIES Columbia: Only the Townships of Greenport, Philmont, Germantown,Livingston, Hillsdale, Taghkanic, Gallatin, Copake, Ancram, City of Hudson. 03/01/2007 DISTRICT 8 WAGES *All WORK RELATED WITH TOXIC OR ANY ASBESTOS OR HAZARDOUS MATERIAL* WAGES:(per hour) 7/01/2006 7/01/2007 Protective Gear Not Required $ 28.65 $ 29.50 Protective Gear Required 32.55 33.40 SHIFT DIFFERENTIAL: On all NYS D.O. T. or other Governmental mandated irregular or off shift work, an additional 15% of wage on straight time hours. SUPPLEMENTAL BENEFITS (per hour paid) Journeyman '-' OVERTIME PAY See (B, E, Q, OS) on OVERTIME PAGE HOLIDAY $ 15.15 $ 15.95 Page 27 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Paid: See (5, 6, 13, 15,26) on HOLIDAY PAGE Overtime: See (5,6, 13, 15,26) on HOLIDAY PAGE -NOTE: If Saturday Holiday is worked, Code S applies. Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County '-' Mason. Building 8-17tox JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Dutchess, Sullivan, Ulster WAGES (per Hour): Building Tile Finisher SUPPLEMENTAL BENEFITS Journeyman: 03/01/2007 DISTRICT 9 07/01/2006 $ 26.24 $ 15.92 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour): ( 750 hour) terms at the following percentages of journeyman's wage. 1 st 2nd 3rd 4th 5th 6th 50% 55% 65% 70% 75% 85% 7th 90% 8th 95% \..... Supplemental Benefits: Apprentices: $ 7.40+ wage % of 8.52 9-7/88B-tf Mason. Building 03/01/2007 JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Dutchess, Sullivan, Ulster WAGES (per hour) DISTRICT 9 07/01/2006 Building: Tile Setters $ 32.04 SUPPLEMENTAL BENEFITS Journeyman: $ 17.28 OVERTIME PAY See (A, E, 0) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10, 11, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES Wages (per hour): ( 750 hr) terms at the following percentage of journeyman's wage. 1st 50% 2nd 55% 3rd 65% 4th 75% 5th 85% 6th 95% '-' Supplemental Benefits: Apprentice: $9.93+ wage % of $7.35 Page 28 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County 9-7/52B \...,.. Maso/'l-Building JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Dutchess, Sullivan, Ulster PARTIAL COUNTIES Orange: Entire county except the Township of Tuxedo. WAGES Per hour 07/01/2006 Bricklayer Cement Mason Bldg Plasterer/Stone Mason Pointer/Caulker $ 32.96 32.96 32.96 32.96 Additional $1.00 per hour for power saw work Additional $0.50 per hour for swing scaffold or staging work SUPPLEMENTAL BENEFITS Per hour worked Journeyman $ 19.35 OVERTIME PAY Cement Mason See ( D, E2, 0 ) on OVERTIME PAGE. All Others See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5,6) on HOLIDAY PAGE ~ REGISTERED APPRENTICES Wages per hour One Half Year terms at the following percentage of Journeyman's wage 1st 50% 2nd 55% 3rd 60% 4th 65% 5th 70% Supplemental Benefits per hour worked 1st & 2nd terms All others $ 9.67 19.35 03/01/2007 DISTRICT 1 06/01/2007 $ 36.27 36.27 36.27 36.27 $ 20.09 6th 75% 7th 80% 8th 85% $ 10.04 20.09 1-5du-b Mason -HeaVY&Highway 03/01/2007 JOB DESCRIPTION Mason - Heavy&Highway ENTIRE COUNTIES Dutchess, Sullivan, Ulster PARTIAL COUNTIES Orange: Entire county except the Township of Tuxedo. WAGES Per hour 07/01/2006 Bricklayer Cement Mason Marble/Stone Mason Plasterer \..-... Pointer/Caulker Additional $1.00 per hour for power saw work Additional $0.50 per hour for swing scaffold or staging work $ 33.46 33.46 33.46 33.46 33.46 Page 29 DISTRICT 1 06/01/2007 $ 36.77 36.77 36.77 36.77 36.77 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County \.,.. SUPPLEMENTAL BENEFITS Per hour worked Journeyman $ 19.35 $ 20.09 OVERTIME PAY See (B, 0) on OVERTIME PAGE HOLIDAY Paid: See (5, 6,15,25) on HOLIDAY PAGE Overtime: See (5,6,15,25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour One Half Year terms at the following percentage of Journeyman's wage 1st 50% 2nd 55% 3rd 60% 4th 65% 5th 70% 6th 75% 7th 80% 8th 85% Supplemental Benefits per hour worked 1 st & 2nd terms All others $ 9.67 19.35 $ 10.04 20.09 1-5du-H/H '-' Operating. Engiheel"~...BlJlJdlng JOB DESCRIPTION Operating Engineer - Building ENTIRE COUNTIES Putnam, Westchester PARTIAL COUNTIES Dutchess: (-NOTE: This description is in effect up to 08/31/2006). -South of a West/East line through Dutchess County starting at the Northern Boundary of the City of Poughkeepsie. (--NOTE: This change takes effect on 09/01/2006)--The part of Dutchess (defined by the northern boundary line of City of Poughkeepsie, then due east to Route 115, then north along Route 115 to Bedell Road, then east along Bedell Road to VanWagner Road, then north along VanWagner Road to Bower Road, then east along Bower Road to Rte. 44, and along Rt. 44 east to route 343, then along route 343 east to the northern boundary of Town of Dover Plains, and east along the northern boundary of Town of Dover Plains to the border line of the State of Connecticut, and bordered on the west by the middle of the Hudson River). WAGES GROUP I: Cranes(AII Types), Boom Trucks, Cherry Pickers(AII Types), Clamshell Crane, Derrick(Stone-Stell), Dragline, Franki Pile Rig or similar Hydraulic Cranes, Pile Drivers(AII Types). -All Tower Cranes, all Climbing Cranes and all Cranes of 100 ton capacity or greater. 03/01/2007 DISTRICT 8 GROUP I-A: Barber Green Loader-Euclid Loader, Bulldozer, Carrier-Trailer Horse, Concrete Cleaning Decontamination Machine Operator,Concrete-Portable Hoist, Conway or Similar Mucking Machines, Elevator & Cage, Excavators all types, Front End Loaders, Gradall, Shovel, Backhoe, etc.(Crawler or Truck), Heavy Equipment Robotics Operator/Mechanic, Hoist Engineer-Material, Hoist Portable Mobile Unit, Hoist-Single, Double or Triple Drum, Horizontal Directional Drill Locator, Horizontal Directional Drill Operator,and Jersey Spreader, Letourneau or Tournapull(Scrapers over 20 yards Struck), Lift Slab Console, etc., Lull HiLift or Similar, Maintenance Engineer, Master Environmental Maintenance Mechanics, Mucking Machines Operator/Mechanic or Similar Type, Overhead Crane, Pavement Breaker(Air Ram), Paver(Concrete), Post Hole Digger, Power House Plant, Road Boring Machine, Road Mix Machine, Ross Carrier and Similar Machines, Rubber tire double end backhoes and similar machines, Scoopmobile- Tractor-Shovel Over 1.5 yards, Shovel (Tunnels Side Boom, Spreader (Asphalt Telephies(Cableway), Tractor Type Demolition Equipment, Trenching Machines-Vermeer Concrete Saw Trencher and Similar, Ultra High Pressure Waterjet Cutting Tool System, Vacuum Blasting Machine operator/mechanic, Winch Truck A Frame). '-' GROUP I-B: Compressor (Steel Erection), Mechanic (Outside All Types, Negative Air Machine (Asbestos Removal), Pulse Meter, Push Button (Buzz Box), Elevator, Welder. Page 30 '-' Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 GROUP II-A: Bulldozer 06 and Under, Compactor Self-Propelled, Grader, Machines Pulling Sheep's Foot Roller, Roller 4 ton and over, Scrapers-20 yards Struck and Under, Vibratory Rollers, etc. Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County GROUP III-A: Asphalt Plant, Boiler (High Pressure), Concrete Mixing Plants, Concrete Pump, Fireman, Forklift, Forklift (Electric) Joy Drill or similar Tractor Drilling Machine, Loader-1 1/2 yards and under, Locomotive (All Sizes), MixerConcrete-21 E and over, Portable Asphalt Plant, Portable Batch Plant, Portable Crusher, Quarry Master, StoneCrusher, Well Drilling Machine, Well Point System, Concrete Buggy, One Yard and Up Ride on Dumper, Benford or Similar,Bobcat. GROUP III-B: Compressor Over 125 cu. Feet, Conveyor Belt Machine Regardless of Size, Compressor Plant, Ladder Hoist, Lighting Unit (Portable & Generator), Stud Machine, Welding Machine (Steel Erection & Excavation). GROUP IV-A: Air Tractor Drill, Batch Plant, Bending Machine, Concrete Breaker, Concrete Spreader, Curb Cutter Machine, Farm Tractor (all types), Finishing Machine-Concrete, Material Hopper-sand stone-cement, Mixer-Concrete-Under 21 E, Mulching Grass Spreader, Pump-Gypsum etc, Fine Grading Machine, Roller under 4 Ton Hepa Vac Clean Air Machine, Spreading and Fine Grading Machine, Steel Cutting Machine, Siphon Pump-air-steam, Tar Joint Machine, Turbo Jet Burner or Similar Equipment, Vibrator (1 to 5), Fine Grading Machine, Roof Hoist (Tugger Hoist), Television Cameras for Water, Sewer, Gas etc. Pump-Plaster-Grout-Fireproofing. GROUP IV-B: Compressor to 125 feet, Dust Collector, Heater all types, Pump, Pump Station (Water and Sewer), Steam Jenny, Sweeper, Chipper, Mulcher. GROUP V-A: Concrete Saw, Oiler Fuel Truck, Oiler Grease Truck. '-" GROUP V-B: Mechanics Helper, Oiler, Stock Attendant, Paint Compressor, Welder's Helper, Motorized Roller (walk behind). GROUP VI-A: Master Mechanic, Assistant Master Mechanic, Helicoper Hoist Operator, Helicopter Pilot, Helicopter Signal Man, Welder Certified. GROUP VI-B: Utility Man, Warehouse Man, Second Engineer, Cable Splicer. WAGES: (per hour) 7/01/2006 3/05/2007 3/03/2008 GROUP I $ 43.66 $ 44.87 $ 46.18 -Tower Cranes 49.33 50.77 52.32 GROUP I-A 38.15 39.15 40.25 GROUP '-B 35.19 36.06 37.02 GROUP II-A 36.85 37.78 38.81 GROUP III-A 35.49 36.37 37.34 GROUP "'-B 33.78 34.59 35.49 GROUP IV-A 35.13 36.00 36.96 GROUP IV-B 29.67 30.32 31.05 GROUP V-A 33.78 34.49 35.49 GROUP V-B 32.00 32.75 33.57 GROUP VI-A Master Mechanic 40.10 41.16 42.32 Asst.Master Mechanic 34.25 35.08 36.00 Helicopter Hoist Oper 38.85 39.87 40.98 Helicopter Pilot 44.29 45.52 46.86 Helicopter Signal Man 34.78 35.63 36.51 Welder Certified 37.50 38.46 39.51 GROUP VI-B Utility Man 30.35 31.03 31.79 \... Warehouse Man 31.83 32.56 33.38 Second Engineer 31.89 32.62 33.45 Cable Splicer 34.90 35.76 36.70 An additional 20% to wage when required to wear protective equipment on Page 31 \.. Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 hazardous/toxic waste projects. Engineers operating cranes with booms 100 feet but less than 149 feet in length will be paid an additional $2.00 per hour. Engineers operating cranes with booms 149 feet or over in length will be paid an additional $3.00 per hour. Loader operators over 5 cubic yard capacity additional .50 per hour. Shovel operators over 4 cubic yard capacity additional $1.00 per hour. SUPPLEMENTAL BENEFITS (per hour) Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County Journeyman $ 13.37 Per hour paid + 7.00 Per hour worked $ 14.67 7.10 $ 16.02 7.15 OVERTIME PAY OVERTIME:..... See ( D, 0, U., V) on OVERTIME PAGE. HOLIDAY HOLIDAY: Paid:......... See ( 5, 6, 7, 8, 11, 12) on HOLIDAY PAGE. Overtime:..... See (5,6,7,8,11,12) on HOLIDAY PAGE. . Note: For Holiday codes 5 & 6, code T applies. Note: If employees are required to work on Easter Sunday they shall be paid at the rate of triple time. 8-137B Operating Engineer. Building 03/01/2007 \... JOB DESCRIPTION Operating Engineer - Building DISTRICT 1 ENTIRE COUNTIES Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Washington PARTIAL COUNTIES Dutchess: Northern part of Dutchess (to the northern boundary line of City of Poughkeepsie, then due east to Route 115, then north along Route 115 to Bedelt Road, then east along Bedelt Road to VanWagner Road, then north along VanWagner Road to Bower Road, then east along Bower Road to Rte. 44, and along Rt. 44 east to route 343, then along route 343 east to the northern boundary of Town of Dover Plains, and east along the northern boundary of Town of Dover Plains to Connecticut). Herkimer: East of a North/South line through the RailroadStation at Little Falls. WAGES Master Mechanic: CLASS A1: Crane, Hydraulic Cranes, Tower Crane, Locomotive Crane, Piledriver, Cableway, Derricks, Whirties, Dragline, Boom truck over 5 ton. CLASS A: Maintenance Engineer, Self-Contained Crawler Drill, Hydraulic Rock drill,shovel, All Excavators including rubber tire & full swing. Backhoe(except tractor mtd. rubber tired), Gradalls, Power road grader, all CMI equipment, Front-end rubber tire loader, Tractor-mounted drill (quarry master), Mucking machine, Concrete central mix plant, Concrete pump, Belcrete system, Automated asphalt concrete plant, Tractor road paver, Boom Trucks 5 ton & under. CLASS B: Backhoe(rubber tired backhoelloader combination), Bulldozer, Push cat, Tractor, Traxcavator, Scraper, LeTourneau grader, Form fine Grader, Road Roller, Blacktop Roller, Blacktop Spreader, Power Brooms, Sweepers, Trenching Machine, Barber Greene loader, Side booms, Hydro hammer, Concrete spreader, Concrete finishing machine, One Drum Hoist, Power Hoisting(single drum), hoist-two drum or more, 3 Drum Eng., power hoisting (2 drum & over) 2 & 3 Drum & Swing Engine, Hod Hoist, A-L Frame Winchs, Core & Well Drillers(one drum), Post Hole Digger, CHB Vibro Tamp or Similar Mach. Batch Pin & Plant Oper., Dinky Locom., Skid Steer loader, Track excav. 5/8 cu yd or under. CLASS C: Forklift, High Lift, Lull, Oiler, Fireman and Heavy-duty Greaser, Boilers, Steam Generators, Vibrator, Mortar Mixer, Air Compressor, Dust Collector, Welding Machine, Well Point, Mechanical Heater, Generators, Temporary Light Plants, Concrete Pumps, Electric Submersible Pump 4" and over, Murphy type diesel generator, Conveyor, Elevators, Concrete Mixer and Belcrete power pack (Belcrete system), Seeding & Mulching Machines, Pumps. '-" . In the event that equipment listed above is operated by robotic control, the classification covering the operation will be the same as if manually operated. WAGES per hour Page 32 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County 07/01/2006 07/01/2007 \..-. Master Mechanic Class # A1 Class # A Class # B Class # C $ 31.63 30.52 30.08 29.17 26.60 $ 32.30 31.19 30.75 29.84 27.27 Cranes: over 150 ft add .50 per hr, Cranes: over 200 ft add 1.00 per hr, tower Cranes add .50 per hr over class A 1 rate. Additional $ 2.50 per hr. for hazardous or toxic waste work. Additional $ 2.00 per hr over B rate for Nuclear Leader work. Additional $ .40 per hr for tunnel or excavation of shaft 40' or more deep. SUPPLEMENTAL BENEFITS Per hour paid Journeyman $ 15.10 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5,6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour $ 16.25 1000 hours terms at the following percentage of Journeyman's wage 1st 60% of Class B 2nd 70% of Class B 3rd 80% of Class B 4th 90% of Class B \w- Supplemental Benefits per hour paid All classes $ 12.00 $12.45 1-106b Operating Engineer - Building - Survey 03/01/2007 JOB DESCRIPTION Operating Engineer - Building - Survey DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Clinton, Columbia, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Livingston, Monroe, Montgomery, Niagara, Ontario, Orleans, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Steuben, Tioga, Warren, Washington, Wayne, Wyoming, Yates PARTIAL COUNTIES Dutchess: Northern part of Dutchess county (to the Northern Boundary Line of the City of Poughkeepsie), east of a North/South line through the railroad station at Little Falls. WAGES SURVEY CLASSIFICATIONS: Party Chief- One who directs a survey party. Instrumentman- One who runs the instrument and assists the Party Chief. Rodman-One who holds the rods and in general, assists the survey party. 07/01/2006 06/01/2007 06/01/2008 Survey Rates-Building: Party Chief $ 28.46 $ 29.11 $ 29.82 Instrument/Rod person 25.87 26.43 27.05 Additional $3.00 per hour for work in a tunnel. Additional $2.50 per hour for work in hazardous waste area. SUPPLEMENTAL BENEFITS Per hour worked: \...... Journeyman OVERTIME PAY See (B, E, Q) on OVERTIME PAGE $ 14.60 $15.45 $ 16.30 Page 33 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County ~ HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES (1000) hour terms at the following wage rates. 07/01/2006 1st $ 15.30 2nd $ 17.85 3rd $ 20.40 Supplemental Benefits per hour worked: Apprentices $ 13.60 $15.45 $ 16.30 6-545 DBS Operating Engineer. Heavv&Highwav 03/01/2007 JOB DESCRiPTION Operating Engineer - Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester WAGES 07/01/2006 Survey Rates-Heavy/Highway: Party Chief Instrument Man Rodman SUPPLEMENTAL BENEFITS (per hour paid) Journeyman $46.14 33.61 29.06 $19.45 (+ $.85 sup dues) \... OVERTIME PAY See (B, -E, a, V) on OVERTIME PAGE - Doubletime paid on the 9th hour on Saturday. HOLIDAY Paid: See (5,6,7,11,12) on HOLIDAY PAGE Overtime: See (5,6,7,11,12) on HOLIDAY PAGE Operating Engineer. Heavv&HighWav 9-15Dh 03/01/2007 JOB DESCRIPTION Operating Engineer - Heavy&Highway ENTIRE COUNTIES Putnam, Westchester PARTIAL COUNTIES Dutchess: (-NOTE: This description is in effect up to 08/31/2006). -South of a WesUEast line through Dutchess County starting at the Northern Boundary of the City of Poughkeepsie. (--NOTE: This change takes effect on 09/01/2006)--The part of Dutchess (defined by the northern boundary line of City of Poughkeepsie, then due east to Route 115, then north along Route 115 to Bedell Road, then east along Bedell Road to VanWagner Road, then north along VanWagner Road to Bower Road, then east along Bower Road to Rte. 44, and along Rt. 44 east to route 343, then along route 343 east to the northern boundary of Town of Dover Plains, and east along the northern boundary of Town of Dover Plains to the border line of the State of Connecticut,and bordered on the west by the middle of the Hudson River). WAGES GROUP I: Boom Truck, Cherry Picker, Clamshell, Crane, (Crawler, Truck), Dragline,Rough Terrain Crane. DISTRICT 8 \.. GROUP I-A: Auger, Auto Grader, Dynahoe and Dual purpose and similar machines, Barber Green Loader-Euclid Loader or similar type machine, boat captain, boring machine(all types), Bulldozer-All Sizes, Central Mix Plant Operator, Cherry Picker(Cableway)-Hydraulic, chipper (all types), close circuit t.v., Compactor with Blade,Concrete Portable Hoist, C.M.1. or Similar, Conway or Similar Mucking Machines, Gradall, Shovel Backhoe, etc. Grader, Derrick (Stone-Steel) Elevator & Cage, Front End Loaders over 1 1/2yds Hoist Single, Double, Triple Drum, Hoist Portable Mobile Unit, Hoist Engineer Concrete(Crane-Derrick-Mine Hoist), Hoist Engineer-Material, Hydraulic Boom, Letourneau or Tournapull (Scrapers over 20 yds struck), Mucking Machines, Overhead Crane, Paver (concrete) Pulsemeter, Push Button Page 34 ~ Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 (Buss Box) Elevator, Road Mix Machines, Ross Carrier and similar, Shovels (Tunnels), SideBoom, Spreader (asphalt), Scoopmobile-Tractor-Shovel over 1 1/2 yards, Trenching Machines, Telephies-Vermeer Concrete Saw Trencher and/or Similar, Tractor type Demolition Equipment, Whirly,P-811 Track Renewal Machine-Similiar. GROUP I-B: Road Paver-Asphalt. GROUP II-A: Balast regulators, Compactor Self Propelled, Cow Tracks, Fusion Machine, Rail Anchor Machines, Scrapers-20 yds truck and under, Switchtampers, Vibrator Roller, etc., Roller 4 ton and over, Welder. GROUP II-B: Mechanic-All Types. GROUP III: Air Tractor Drill, Asphalt Plant, Batch Plant, Boiler (High Pressure), Concrete Breaker, Concrete Pump, Concrete Spreader, Curb Cutter Machine, Farm Tractor (All Types), Finishing Machine (Concrete) Fine Grading Machine, Fireman, Forklift, Forklift (Electric) John Henry drill or similar, Joy Drill or similarTractor Drilling Machine, Loader 1 1/2 yards and under, Locomotive(AII Sizes), Maintenance Engineer, Machine Pulling Sheep's Foot Roller, Material Hopper, Mixer Concrete-21 E and over, Mulching Grass Spreader, Portable Plant, Portable Batch Plant, Portable Crusher, Powerhouse Plant, Quarry Master,Roller under 4 ton, Spreading and Fine Grading Machine, Steel Cutting Machine, Stone Crusher, Sweeper, Turbo JetBurner or Similar, Well Drilling Machine, Winch Truck, "A" Frame Truck. GROUP IV-A: Service Man (Fuel Truck), Service Man (Grease Truck). \. GROUP IV-B: Compressor-Compressor Plant-Paint Compressor-Steel Erection, ConveyorBelt Machine, Lighting Unit (Portable & Generator), Pilot/Assistant Engineer/2 seated, Pumps-Pump Station-Water-Sewer-Gypsum-Plaster, etc., Pump Truck(Sewer Jet or Similar), Roller-Motorized (Walk Behind), Welding Machine Steel Erection Excavation), Well Point System, Welder's Helper, Mechanic's Helper, Bending Machine, Dust Collector, Mixer Concrete under 21-E, Heater all types, Steam Jenny, Stock Room Attendant, Siphon Pump-Air-Steam, Tar Joint Machine, Vibrator (1 to 5), Compressor Truck mounted (2-6). GROUP V-A: Master Mechanic, Master Mechanic Asst., Helicopter Hoist Operator, Engineer-All Tower Cranes-All Climbing Cranes and all cranes of 100 fon capacity or greater(3900 Manitowac or similar), Hoist Engineer(Steel), Engineer-Pile Driver, Welder-Certified, Helicopter Pilot, Helicopter Signalman, Jersey Spreader, Pavement Breaker(Air Ram), Post Hole Digger. GROUP V-B: Concrete Saw, Oiler, Utility Man. WAGES: (per hour) 7/01/2006 \.r Group I Group I-A Group I-B Group II-A Group II-B Group III Group IV-A Group IV-B Group V-A Master Mechanic/Asst Helicopter Hoist Oper Engineer All Tower,Climbing and Cranes of 100 Tons Hoist Engrineer(Steel) Engineer(Pile Driver) WeJder(Certified) Helicopter Pilot $ 42.26 37.25 38.59 35.67 35.82 35.05 31.85 27.34 39.45 38.21 47.88 42.72 42.72 36.76 42.72 Page 35 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County 3/05/2007 $ 43.33 38.13 39.52 36.49 36.65 35.84 32.52 27.84 40.41 39.13 49.16 43.80 43.80 37.62 43.80 '-" Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Helicopter Signalman Jersey Spreader, Pavement Breaker. (Air Ram)Post Hole Digger Group V-B Utility Man Concrete Saw Oiler Published by the New York State Department of Labor PRe Number 2006007854 Dutchess County 35.50 36.31 35.82 36.65 26.02 29.77 25.61 26.47 30.36 26.04 SHIFT DIFFERENTIAL: On all NYS D.O.T. and other Governmental mandated off-shift work, an additional 15% of wage on straight time hours. An additional 20% to wage when required to wear protective equipment on hazardous/toxic waste projects. Operators required to use two buckets pouring concrete on other than road pavement shall receive $0.50 per hour over scale. Engineers operating cranes with booms 100 feet but less than 149 feet in length will be paid an additional $2.00 per hour. Engineers operating cranes with booms 149 feet or over in length will be paid an additional $3.00 per hour. Operators of shovels with a capacity over (4) cubic yards shall be paid an additional $1.00 per hour. Operators of loaders with a capacity over 5 cubic yards shall be paid an additional $0.50 per hour. SUPPLEMENTAL BENEFITS (per hour) 7/01/2006 3/05/2007 Journeyman: $ 13.78 Per hour paid. + 7.20 Per hour for first 40 hours worked. + 0.70 Per hour worked. $ 15.03 + 7.35 + 0.70 Apprentices: $ 13.78 Per hour paid. + 7.30 Per hour for first $ 15.05 + 7.35 ~ 40 hours worked. + 0.70 Per hour worked. + 0.70 OVERTIME PAY OVERTIME:.... See ( B, E, Q, U', V ) on OVERTIME PAGE. HOLIDAY HOLIDAY: Paid:........ See ( 5, 6, 7, 8, 11, 12 ) on HOlDIAY PAGE. Overtime:.... See ( 5, 6, 7, 8, 11, 12) on HOLIDAY PAGE. . Note: For Holiday codes 5 & 6, code U applies. Note: If employees are required to work on Easter Sunday they shall be paid at the rate of triple time. REGISTERED APPRENTICES (1 )year terms at the following rate. 7/01/2006 3/05/2007 1 st term 2nd term 3rd term 4th term $ 17.53 21.03 24.54 28.04 $ 17.92 21.50 25.09 28.67 8-137HH Operating Engineer - Heavv&Highway 03/0112007 JOB DESCRIPTION Operating Engineer - Heavy&Highway DISTRICT 1 ENTIRE COUNTIES Albany, Broome, Chenango, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Tioga, Warren, Washington PARTIAL COUNTIES \.,.. Page 36 ~ Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Published by the New York State Department of labor last Published on Mar 01 2007 PRe Number 2006007854 Dutchess County Dutchess: ("NOTE: This description is in effect up to 08/31/2006). "North of a West/East line through Dutchess County starting at the Northern Boundary of the City of Poughkeepsie. (""NOTE: This change takes effect on 09/01/2006)""The part of Dutchess (defined by the northern boundary line of City of Poughkeepsie, then due east to Route 115, then north along Route 115 to Bedell Road, then east along Bedell Road to VanWagner Road, then north along VanWagner Road to Bower Road, then east along Bower Road to Rte. 44, and along Rt. 44 east to route 343, then along route 343 east to the northern boundary of Town of Dover Plains, and east along the northern boundary of Town of Dover Plains to the border line of the State of Connecticut,and bordered on the west by the middle of the Hudson River). Herkimer: East of a North/South line through the RailroadStation at Little Falls. WAGES MASTER MECHANIC: CLASS 1A: Crane, Cherry Picker(over 5 ton capacity, Derricks (steel erection) Dragline, Overhead Crane (gantry or straddle), Piledriver, Boom Truck (Over 5 tons). CLASS A: Automated Concrete Spreader(CMI Type), Automatic Fine Grader, Backhoe(except tractor-mounted,rubber tired), Backhoe Excavator Full Swing (CAT 212 or similar), Belt Placer(CMI Type), Blacktop Plant (automated), Cableway,Caisson Auger, Central Mix Concrete Plant (automated), Concrete Pump(S" or over), Dredge, Dual Drum Paver, Excavator (all purpose-hydraulic Gradall or Similar), Profiler (over 105 H.P.), Front End Loader (4c.y.& over), Head Tower (Sauerman or equal), Hoist (two or three Drum), Mine Hoist, Holland Loader, Mucking Machine or Mole, Power Grader, Quad 9, Quarry Master (or equivalent),Scraper, Shovel, Side Boom, Slip Form Paver (If second man is needed, he shall be an Oiler), Tractor Drawn Belt Type Loader, Truck or Trailer Mounted Chipper(self-feeding), Tug & Operator (manned, rented equipment excluded) & Tunnel Shovel, Maintenance Engineer, Concrete Curb Machine, Self-Propelled Slip Form, Boom Truck 5 tons and under, Directional Drilling Machine,Back Filling Machine, Side Boom, Pavement Breaker (sp) Wertgen;PB-4 & similar type. CLASS B: Backhoe (Tractor-Mounted,Rubber Tired), Bituminous Spreader & Mixer, Blacktop Plant (non-automated), Blast or Rotary Drill (Truck or Tractor Mounted), Boring Machine, Cage Hoist, Central Mix Plant(Non Automated), All Concrete Batching Plants, Cherry Picker (5 ton capacity & under), Compressors (4 or less exceeding 2000 cfm combined capacity), Concrete Paver over 16S, Concrete Pump(Under 8"), Bituminous Recycling machine Crawler Drill Self Contained, Crusher, Diesel Power Unit, Drill Rigs (Tractor Mounted), Front End Loader(under 4 c.y.), Hi-Pressure Boiler (15 Ibs.& over), Hoist(One Drum), Kolman Plant Loader & similar type loaders(if employer requires another man, he shall be Oiler), L.C.M.Work Boat Operator, Locomotive, Greaseman/Lubrication Eng, Welder, Mixer(for stabilized base-self propelled), Monorail Machine,Plant Engineer, Profiler ( 105 H.P.or under), Pump Crete, Ready Mix Concrete Plant, Refrigeration Equipment (for soil stabilization), Road Widener, Roller(all above sub-grade), Sea Mule,Tractor with Dozer and/or Pusher, Trencher, Tugger Hoist, Winch and Winch Cat, Hydro-Axe, Pug Mill, Skidder, Self-contained Ride-on Rock Drill, excluding Air-Track type drill. '-" CLASS C: A Frame(Winch Hoist on)Truck, Ballast Regulator(ride on) Bituminous Heater Self-Propelled, Concrete Pavement Spreaders and Finishers, Conveyor, Drill (core), Drill (well), Farm Tractor with Accessories, Fine Grade Machine, Fork Lift, Grout Pump, Gunite Machine, Hammers(hydraulic-self propelled); Hydra-Spiker(ride-on); Hydro-Blaster(water),Power Sweeper, Post Hole Digger & Post Driver, Roller(grade & fill), Scarifier(ride-on), Span Saw(ride-on) Tamper(ride-on), All ride-on Tie Extractors, Tie Handlers, Tie Spacers, Tie Inserters & Track Liners, Tractor(with towed access.), Vibratory Compactor, Vibro Tamp, Well Point, Tire repair, Skid Steer Bobcat or similar loader, Aggregate Plant, Boiler (used with production), Cement and bin Operator, Compressors, Dust Collectors, Generators, Pumps, Welding Machines, Light Plants, Heaters Concrete Paver or Mixer (165 & under), Concrete Saw (self propelled), Form Tamper, Fireman, Hydralic Pump Uacking system) Mulching Machine, Oiler, Parapet concrete or pavement grinder, Power Broom (towed), Power Heaterman, Revinius Widener, Shell Winder, Steam Cleaner, Tractor, Directional Drilling Machine Locator. "In the event that equipment listed above is operated by robotic control, the classification covering the operation will be the same as if manually operated. WAGES per hour Master Mechanic Class 1A Class A Class B Class C 07/01/2006 $ 31.64 30.46 30.03 29.12 26.55 07/01/2007 $ 32.36 31.18 30.75 29.84 27.27 ALL EMPLOYEES WHO WORK A SINGLE IRREGULAR SHIFT STARTING FROM 5:00 PM TO 1 :00 AM THAT IS GOVERNMENTALLY MANDATED NIGHT WORK, SHALL BE PAID AN ADDITIONAL $2.00 PER HOUR. $0.50 per hr additional for Crane with Boom length & gib 150ft. and over. $1.00"11 11 " "" 200ft." " Additional $2.50 per hr. for hazardous or toxic waste work. ~ SUPPLEMENTAL BENEFITS Per hour paid Journeyman $ 15.35 $16.45 Page 37 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County '-' OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour 1000 hours terms at the following percentage of Journeyman's wage Class B 1st 60% 2nd 70% 3rd 80% 4th 90% Supplemental Benefits per hour paid All Terms $ 12.00 $12.45 1-106h Operating Engineer - Heavv&Highwav . Survey Crew 03/01/2007 JOB DESCRIPTION Operating Engineer - Heavy&Highway - Survey Crew DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming, Yates PARTIAL COUNTIES Dutchess: the northern portion of the county from the northern boundary line of the City of Poughkeepsie north to the Dutchess County line. WAGES Per hour: ~ SURVEY CLASSIFICATIONS: Party Chief- One who directs a survey party. Instrumentman- One who runs the instrument and assists the Party Chief. Rodman- One who holds the rods and in general, assists the survey party. 07/01/2006 06/01/2007 06/01/2008 Survey Rates: Party Chief InstrumentlRodperson $ 28.46 25.87 $ 29.11 26.43 $ 29.82 27.05 Additional 3.00 per hr. for work in a Tunnel. Additional 2.50 per hr. for EPA or DEC certified toxic or hazardous waste work SUPPLEMENTAL BENEFITS Per hour worked: Journeyman $ 14.60 $15.45 $ 16.30 OVERTIME PAY See (B, E. Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 yr. or 1000 hrs. ) terms at the following wage rates. 6/01/2006 1st 15.30 2nd 17.85 3rd 20.40 Supplemental Benefits: \..... Per hour worked: Apprentices $ 14.60 $15.45 16.30 6-545 D.H.H. Page 38 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Operating Engineer. Heavv&Highwav . Tunnel Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County 03/01/2007 '--" JOB DESCRIPTION Operating Engineer - Heavy&Highway - Tunnel ENTIRE COUNTIES Putnam, Westchester PARTIAL COUNTIES Dutchess: (-NOTE: This description is in effect up to 08/31/2006). -South of a WesUEast line through Dutchess County starting at the Northern Boundary of the City of Poughkeepsie. (--NOTE: This change takes effect on 09/01/2006)--The part of Dutchess (defined by the northern boundary line of City of Poughkeepsie, then due east to Route 115, then north along Route 115 to Bedell Road, then east along Bedell Road to VanWagner Road, then north along VanWagner Road to Bower Road, then east along Bower Road to Rte. 44, and along Rt. 44 east to route 343, then along route 343 east to the northern boundary of Town of Dover Plains, and east along the northern boundary of Town of Dover Plains to the border line of the State of Connecticut,and bordered on the west by the middle of the Hudson River). WAGES GROUP I: Boom Truck, Cherry Picker, Clamshell, Crane(Crawler, Truck), Dragline, Rough Terrain Crane. DISTRICT 8 GROUP I-A: Auger, Auto Grader, Dynahoe & Dual purpose & similar machines, Barber Green Loader-Euclid Loader or similar type machine, Boat Captain, Boring Machine(all types), Bull Dozer-all types, Central Mix Plant Operator, Cherry Picker(Cableway or hydraulic), Chipper-all types, Close Circuit T.V., Compactor with Blade, Concrete Portable Hoist, C.M.1. or similar, Conway or similar Mucking Machine, Crane(Crawler or Truck) dragline, Gradall, Shovel Backhoe, etc. Grader, Derrick(Stone-Steel), Elevator & Cage(materials or passengers), Front End Loaders over 1 1/2 yards, Hoist Single, Double, Triple Drum, Hoist Portable Mobile Unit, Hoist Engineer-Concrete(Crane-Derrick- Mine Hoist), Hoist Engineer-Material, Hydraulic Boom, Letourneau or Tournapull(Scrapers over 20 yards struck), Log Skidder, Moveable Concrete Barrier Transfer & Transport Vehicle, Mucking Machines. Overhead Crane, Paver(concrete), Pulse meter, Push Button(Buzz Box)Elevator, Raise Boring Machine, Road Mix Machines. Robot Hammer(Brock or similar), Ross Carrier and similar machines, Shovels(Tunnels), Side Boom, Slip Form Machine, Spreader(Asphalt), Scoopmobile-Tractor-Shovel over 1 1/2 yards, Trenching Machines, Telephies-Vermeer Concrete Saw Trencher and/or similar, Tractor type demolition equipment, Whirly. GROUP I-B: Road Paver(Asphalt). GROUP II-A: Balast Regulators, Compactor Self-propelled, Cow Tracks, Fusion Machine, Rail Anchor Machines, Roller 4 ton and over, Scrapers (20 yard struck and under), Switch Tampers, Vibratory Roller, etc., Welder. GROUP II-B: Mechanic(outside) all types, Shop Mechanic. ~ GROUP III: Air Tractor Drill, Asphalt Plant, Batch Plant, Boiler (High Pressure), Concrete Breaker, Concrete Pump, Concrete Spreader, Curb Cutter Machine, Farm Tractor(all types), Finishing Machine(Concrete) Fine Grading Machine, Firemen, Forklift, Forklift(Electric), John Henry Drill or similar, Joy Drill or similar Tractor Drilling Machine, Loader 1 1/2 yards and under, Locomotive(all sizes), Maintenance Engineer, Machine Pulling Sheeps Foot Roller, Material Hopper, Mixer Concrete(21-E & over), Mulching Grass Spreader, Portable Asphalt Plant, Portable Batch Plant, Portable Crusher, Powerhouse Plant, Quarry Master, Roller under 4 ton, Spreading and Fine Grading Machine, Steel Cutting Machine, Stone Crusher, Sweeper, Turbo Jet Burner or similar, Well Drilling Machine, Winch Truck "A' Frame. GROUP IV-A: Service Man(Fuel Truck), Service Man(Grease Truck). GROUP IV-B: Bending Machine, Compressor-Compressor Plant-Paint, Compressor-Steel Erection, Compressor Truck Mounted(2-6), Conveyor Belt Machine, Dust Collector, Heater(all types), Lighting Unit(portable & generator), Mixer Concrete under 21-E, PiloUAssistant Engineer/2 seated, Pumps-Pump Station-Water-Sewer-Gypsum-Plaster, etc., Pump Truck(Sewer Jet or similar), Roller Motorized(Walk behind), Steam Jenny, Stock Room Attendant, Syphon Pump-AIr-Stream, Tar Joint Machine, Vibrator(1 to 5), Welding Machine, Welders Helper. GROUP V-A: Engineer(Pile Driver), Engineer(all Tower Cranes, all Climbing Cranes & all cranes of 100 ton capacity or greater), Helicopter Hoist Operator, Helicopter Pilot, Helicopter Signalman, Hoist Engineer(Steel-Sub Structure), Engineer-Pile Driver, Jersey-Spreader, Pavement breaker(Air Ram), Master Mechanic, Asst. Master Mechanic, Post Hole Digger, Welder-Certified. GROUP V-B: Concrete Saw, Oiler, Utility Man. WAGES: (per hour) 7/01/2006 "-' GROUP I GROUP I-A GROUP I-B GROUP II-A GROUP II-B GROUP III GROUP IV-A GROUP IV-B GROUP V-A $ 33.99 31.80 32.90 30.51 30.63 30.00 27.38 23.71 , Page 39 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRe Number 2006007854 Dutchess County \..,. Engineer-Pile Driver Engineer-Cranes Helicopter Pilot Helicopter Signalman Helicopter Hoist Opr Hoist Engineer Jersey Spreader, Pavement Breaker(Air Ram), Post Hole Digger Master Mechanic Asst. Master Mechanic Welder-Certified GROUP V-B Concrete Saw Oiler Utility Man 34.35 38.56 36.91 30.37 32.59 34.35 30.64 33.60 33.60 31.40 22.29 22.29 22.62 An additional 20% to wage when required to wear protective equipment on hazardous/toxic waste projects. Operators required to use two buckets pouring concrete on other than road pavement shall receive $0.50 per hour over scale. Engineers operating cranes with booms 100 feet but less than 149 feet in length will be paid an additional $2.00 per hour. Engineers operating cranes with booms 149 feet or over in length will be paid an additional $3.00 per hour. Operators of shovels with a capacity over (4) cubic yards shall be paid an additional $1.00 per hour. Operators of loaders with a capacity over (5) cubic yards shall be paid an additional $0.50 per hour. SUPPLEMENTAL BENEFITS (per hour) Journeyman: $ 9.76 all hours paid. + 6.00 for first 40 hours worked. + 0.35 for all hours worked. Apprentices: $ 9.76 all hours paid. + 0.35 all hours worked. ~ OVERTIME PAY See (D, 0, .U, V) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7,8,11,12) on HOLIDAY PAGE Overtime: See (5, 6, 7, 8, 11, 12) on HOLIDAY PAGE · Note: For Holiday codes 5 & 6, code U applies. Note: If employees are required to work on Easter Sunday, they shall be paid at the rate of triple time. REGISTERED APPRENTICES (1 )year terms at the following rates. 1st $ 15.00 2nd 18.00 3rd 21.00 4th 24.00 8-137Tun Operating Engineer .. Marine Construction 03/01/2007 JOB DESCRIPTION Operating Engineer - Marine Construction DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per Hour: DIPPER,CLAMSHELL DREDGES 07/01/2006 CLASS A Operator $ 29.62 \.... CLASS B Operator II Engineer Boat Master $ 24.59 26.02 24.79 Page 40 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 CLASS C Maintance Engineer $ 25.15 ~ Mate 23.54 Drag Barge Operator 23.54 Welder 24.77 Boat Captain 23.70 Chief of Party 23.54 CLASS D Oiler $ 20.34 Scowman 19.43 Rodman 19.43 Deckhand 19.48 HYDRAULIC DREDGES 07/01/2006 CLASS A Leverman $ 29.62 CLASS B Leverman II $ 24.59 Engineer 25.47 Derrick Operator 25.72 Chief Mate 25.37 Chief Welder 26.03 Electrician 24.98 Fill Placer 25.37 Boat Master 24.78 CLASS C Maintenance Engineer $ 25.14 Mate 23.54 ~ Drag Barge Operator 23.54 Welder (Dredge) 24.76 Spider Barge Operator 24.56 Boat Captain 23.70 Chief of Party 23.54 CLASS D Oiler $ 19.94 Shore man 19.45 Rodman 19.45 Deckhand 19.88 SUPPLEMENTAL BENEFITS Per Hour: Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES 07/01/2006 (overtime hours add) $ 7.90 plus 7% of Wage $ 1.25 All Classes A & B (overtime hours add) $ 7.30 plus 7% of Wage $ 0.95 All Class C All Class D $ 6.70 plus 7% of Wage $ 0.65 ~ (overtime hours add) OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY Paid: See (5, 6,8,15,26) on HOLIDAY PAGE Page 41 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County Overtime: See (5, 6,8,15,26) on HOLIDAY PAGE 4-25a-MarConst "-" Operating Engineer - Survey Crew - Consoltirla'Engineer 03/01/2007 JOB DESCRIPTION Operating Engineer - Survey Crew - Consulting Engineer DISTRICT 6 ENTIRE COUNTIES Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming, Yates PARTIAL COUNTIES Dutchess: From the Northern boundary line of the City of Poughkeepsie North. WAGES Per hour: Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a consulting ENGINEER AGREEMENT SURVEY CLASSIFICATIONS: Party Chief- One who directs a survey party. Instrumentman- One who runs the instrument and assists the Party Chief. Rodman- One who holds the rods and in general, assists the survey party. Survey Rates: Party Chief Instrument/Rodperson $ 28.46 25.87 $ 29.11 26.43 06/01/2008 $ 29.82 27.05 07/01/2006 06/01/2007 Additional 3.00 per hr. for work in a Tunnel. Additional 2.50 per hr. for EPA or DEC certified toxic or hazardous waste work SUPPLEMENTAL BENEFITS Per hour worked: '-" $ 14.60 $15.45 $ 16.30 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5,6) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE 6-545 DCE Operating Engineer. Trenchless Pipe Rehab 03/01/2007 JOB DESCRIPTION Operating Engineer - Trenchless Pipe Rehab DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per Hour: 07/01/2006 DSET/DSSET Operator $ 30.00 Robotic Unit Operator 30.00 DDCC Injection Operator 30.00 Tech nician/Equipment Operator 25.50 ~ AM Liner/Hydra Seal Installer 25.50 Hobas Pipe, Polyethyene Pipe or Pull and Inflate Liner Inst. 25.50 Page 42 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County SUPPLEMENTAL BENEFITS Per Hour Worked ~ All Classifacations OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (5. 6,8,9,15,25) on HOLIDAY PAGE REGISTERED APPRENTICES At One Year Terms (Per Hour) $ 11.34 First Year $ 16.00 Second Year 16.75 Third Year 17.25 Fourth Year 18.00 Supplemental Benifit (Per Hour Worked) All Terms $ 11.34 4-138TrchPReh JOB DESCRIPTION Painter ENTIRE COUNTIES Columbia, Dutchess, Greene, Sullivan, Ulster WAGES Per hour DISTRICT 1 "-' Brush/Paper Hanger Dry Wall Finisher Lead Abatement Sandblaster-Painter Spray Rate $ 23.69 23.69 23.69 23.69 24.69 05/01/2007 Additional $ 1.40 1.40 1.40 1.40 1.40 07/01/2006 Bridge Painter: See Bridge Painting rates for the following work. Structural Steel, Tanks over 100,000 Gal or over 20' High, Towers, Smoke Stacks, Flag Poles, Bridges. Swing Stage, Boatswain Chair over 20', Bridge Sandblaster. ..For Bridge Painting Contracts, "ALL WORKERS" on and off the bridge including Flagmen) are to be paid Painter's Rate. The contract must be ONLY for Bridge Painting. SUPPLEMENTAL BENEFITS Per hour worked Journeyman OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour $ 13.19 $ 13.19 '-" One Half year terms at the following percentage of Journeyman's wage 1st 40% 2nd 50% 3rd 60% 4th 70% 5th 80% 6th 90% Page 43 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County Supplemental Benefits per hour worked ~ 1st term All others $ 5.69 13.19 $ 5.69 13.19 1-155 Painter. Building / Heavv&Hlghway 03/01/2007 JOB DESCRIPTION Painter - Building I Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES 07/01/2006 Metal Polisher $ 21.98 All workers shall be paid a premium in an amount equal to twenty ( 20% ) percent of their basic straight time rate of pay for all time worked on hanging scaffolds and on standing scaffolds while working more than 28 feet off the ground, such premium to be paid on top of their straight time or overtime, whichever is applicable. SUPPLEMENTAL BENEFITS (% of Total Wages) Journeymen & Apprentice - 55% of Wages '-'" OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES 55% of Basic Polisher Rate (*) 9-8A128A-MP Painter. Heavy&Highway 03/01/2007 JOB DESCRIPTION Painter - Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Montgomery, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington, Westchester WAGES (per hour worked) 07/01/2006 10/01/2006 STEEL: " Bridge Painting $ 42.50 $ 48.50 $ 43.00 "** Power Tool/Spray 49.00 NB: For Bridge Painting Contracts, ALL WORKERS on and off the bridge (including Flagmen) are to be paid Painter's Rate; the contract must be ONLY for Bridge Painting. SUPPLEMENTAL BENEFITS (per hour paid) Journeyman: $ 26.23 $ 26.47 OVERTIME PAY See (*A, **F, ***R) on OVERTIME PAGE Note: When calculating overtime pay for the Power Tooll Spray classification, add Six dollars to the hourly overtime rate calculated for the" bridge painting" classification. ~ HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (*4, **6) on HOLIDAY PAGE REGISTERED APPRENTICES Page 44 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County (wage per hour Worked): ~ (1) year terms at the following percentage of Journeyman's wage. 07/01/2006 1st 2nd 3rd 40% 60% 80% Supplemental Benefits: (1) term at the following dollar amount: Apprentices: 1st 2nd 3rd 07/01/2006 $21.23 $ 26.23 $ 26.23 10/01/2006 21.47 26.47 26.47 9-DC-9/806-BrSS Painter - Heavv&Highw8V 03/01/2007 JOB DESCRIPTION Painter. Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Albany, Bronx, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Kings, Montgomery, Nassau, New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Suffolk, Sullivan, Ulster, Warren, Washington, Westchester WAGES Painter (Striping-Highway): 07/01/2006 Striping-Machine Operator Linerman Thermoplastic SUPPLEMENTAL BENEFITS (per hour paid) $ 23.64 28.49 \.. 07/01/2006 Journeyman.. $ 7.14 + 7% of wage OVERTIME PAY See (B, E, P, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 8, 11,12,15,16,17,20) on HOLIDAY PAGE Overtime: See (5, 8, 11,12,15,16,17,20,21,22) on HOLIDAY PAGE 9-8a/28a (230)-HWSt Plumber 03/01/2007 JOB DESCRIPTION Plumber ENTIRE COUNTIES Dutchess PARTIAL COUNTIES Delaware: Only the Townships of Middletown and Roxbury. Ulster: Entire county (including Wallkill and Shawangunk Prisons in Town of Shawangunk) EXCEPT for remainder of Town of Shawangunk. and Towns of Platte kill, Marlboro, and Wawarsing. WAGES (per hour) DISTRICT 8 7/01/2006 Plumber & Steamfitter SUPPLEMENTAL BENEFITS (per hour) Journeyman: $ 38.09 \....- $17.14 per hour paid + 1.80 per hour worked Apprentices " 1 st yr. 7.77 per hour paid + 0.75 per hour worked Page 45 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County 5th yr. 9.55 per hour paid + 0.85 per hour worked 10.98 per hour paid + 1.05 per hour worked 12.03 per hour paid + 1.55 per hour worked 13.00 per hour paid + 1.80 per hour worked 2nd yr. \..... 3rd yr. 4th yr. OVERTIME PAY See ( B, E*, a, v ) on OVERTIME PAGE. * Note: Time & 1/2 for 1st. 8 on Sat.- all additional hours double time. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6,8,16,25) on HOLIDAY PAGE REGISTERED APPRENTICES (1 )year terms at the following rates. 1 st year. 2nd year. 3rd year. 4th year. 5th year. 8 $ 14.25 20.00 23.25 28.07 32.57 8-21.2-SF \. JOB DESCRIPTION Plumber - Service ENTIRE COUNTIES Dutchess PARTIAL COUNTIES Delaware: Only the Townships of Middletown and Roxbury Ulster: Entire county (including Wallkill and Shawangunk Prisons) except for remainder of Town of Shawangunk, and Towns of Plattekill, Marlboro, and Wawarsing. WAGES Per hour: DISTRICT 8 07/01/2006 01/01/2007 Service Refrigeration/Air Conditioning $ 29.11 $ 2.06 Per Hour Increase SUPPLEMENTAL BENEFITS (per hour) Journeyman $ 11.62 per hour paid. + 0.45 per hour worked. Apprentices 1 st term 5th term $ 7.37 per hour paid + 0.25 per hour worked. 8.15 per hour paid + 0.25 per hour worked. 8.92 per hour paid + 0.30 per hour worked. 9.70 per hour paid + 0.35 per hour worked. 10.48 per hour paid + 0.35 per hour worked. 2nd term 3rd term 4th term OVERTIME PAY See (B, H) on OVERTIME PAGE "--" HOLIDAY Paid: See (5, 6,15,25) on HOLIDAY PAGE Overtime: See (5, 6,15,25) on HOLIDAY PAGE REGISTERED APPRENTICES Page 46 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 (1 )year terms after 1 st year at the following wages. 1st term 2nd term 3rd term 4th term 5th term ~ $13.22 16.11 19.01 21.91 24.79 Published by the New Vork State Department of Labor PRC Number 2006007854 Dutchess County 8-21.2-SF/Re/AC JOB DESCRIPTION Roofer DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, New York, Orange, Putnam, Queens, Richmond, Rockland, Sullivan, Ulster, Westchester WAGES Per Hour: 07/01/06 RooferlWaterproofer... SUPPLEMENTAL BENEFITS Journeyman ..... $36.33 $21.57 OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5,6,13,25) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 4th 35% 50% 60% 75% Supplemental benefits per hour paid: Appr............ Wage % of same ~ 9-8R Sheetmetal Worker 03/0112007 JOB DESCRIPTION Sheetmetal Worker DISTRICT 8 ENTIRE COUNTIES Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester WAGES 7/01/2006 7/01/2007 SheetMetal Worker $ 35.91 $ 2.50 Per Hour Increase SUPPLEMENTAL BENEFITS Journeyman Apprentices 1st term 2nd term 3rd term 4th term 5th term 6th term 7th term 8th term $ 24.08 10.75 12.05 12.13 13.33 14.52 15.72 16.90 18.10 ~ OVERTIME PAY OVERTIME:.. See ( B, E, Q, ) on OVERTIME PAGE. -Note: For Sundays or Holidays worked, HOURL V WAGE is double the total of the hourly wage plus the hourly benefit paid all in wages. (Benefits are included in the wages). Page 47 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County \.- HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 13, 16,23) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1/2 ) year terms at the following wages. 1st 2nd 3rd 4th 5th 6th 7th 8th $13.25 14.95 17.87 19.66 21.47 23.27 25.09 26.89 8-38 Sprinkler Fitter 03/01/2007 JOB DESCRIPTION Sprinkler Fitter DISTRICT 1 ENTIRE COUNTIES Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester WAGES Per hour 07/01/2006 01/01/2007 Sprinkler Fitter SUPPLEMENTAL BENEFITS Per hour worked $ 37.65 $ 37.65 Journeyman $ 13.90 $15.40 OVERTIME PAY See (8, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour \.- One Half Year terms at the following percentage of Journeyman's wage 1st 50% 2nd 50% 3rd 55% 4th 60% 5th 65% 6th 70% 7th 75% 8th 80% 9th 85% 10th 90% Supplemental Benefits per hour worked 1 st & 2nd terms 3rd & 4th terms All others $ 6.01 9.90 13.90 $6.51 10.65 15.40 1-669.2 Survey Crew Consultina 03/01/2007 JOB DESCRIPTION Survey Crew Consulting DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess: Only the portion south of the north city line in Poughkeepsie. WAGES Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. WAGES: (per hour) 07/01/2006 Survey Rates: Party Chief..... ~ Instrument Man.. Rodman.......... SUPPLEMENTAL BENEFITS (per hour paid) $29.82 25.01 21.95 Page 48 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Journeyman...... Published by the New York State Department of Labor PRC Number 2006007854 Dutchess County $11.70 \.; OVERTIME PAY OVERTIME:.... See ( B, E', a, v ) ON OVERTIME PAGE. 'Doubletime paid on the 9th hour on Saturday. HOLIDAY Paid: Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE See (5, 6, 7, 11, 16) on HOLIDAY PAGE 9-15dconsult 03/0172007 Tearnstel'-. BUilding I Heavv&Highwa,v JOB DESCRIPTION Teamster - Building / Heavy&Highway DISTRICT 8 ENTIRE COUNTIES Dutchess, Orange, Rockland, Sullivan, Ulster WAGES GROUP 1: LeTourneau Tractors, Double Barrel Euclids, Athney Wagons and similar equipment (except when hooked to scrapers), Low Beds, I-Beam and Pole Trailers, Tire Trucks and Tractor and Trailers with 5 axles and over, articulated back dumps and road oil distributors. GROUP 1A: Drivers on detachable Gooseneck Low Bed Trailers rated over 35 tons. GROUP 2: All equipment 25 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 Trailers. GROUP 4: Ten Wheelers, Grease Trucks and Tillerman. GROUP 5: Straight Trucks. GROUP 6: Pick-up Trucks for hauling materials, parts and Escort Man over-the-road. \.; WAGES: (per hour) GROUP 1 GROUP1A GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 7/01/2006 5/01/2007 $ 27.45 $ 28.25 28.45 29.25 26.95 27.75 26.75 27.55 26.75 27.55 26.55 27.35 26.55 27.35 SUPPLEMENTAL BENEFITS (per hour paid) First 40 hours Over 40 hours $ 18.65 13.35 $19.45 14.15 OVERTIME PAY OVERTIME:... See ( B, E, P,R',T") on OVERTIME PAGE. Shift Work: A shift premium of 1 0% on wages will be paid for off-shift or irregular shift work when mandated by the NYS DOT or other governmental agency contracts. HOLIDAY HOLIDAY: Paid:...... See (5,6,13,15,25) on HOLIDAY PAGE. Overtime:.. See (5,6,13,15,25) on HOLIDAY PAGE. NOTE: Holidays worked Monday to Friday receive straight time wage for working, plus Holiday Pay. 'Holidays worked on Saturday, code R applies. "Holidays worked on Sunday, code T applies. 8-445B/HH '-" Welder 03/01/2007 JOB DESCRIPTION Welder ENTIRE COUNTIES DISTRICT 1 Page 49 '-' Prevailing Wage Rates for 07/01/2006 _ 06/30/2007 Published by the New York State Department of Labor Last Published on Mar 01 2007 PRC Number 2006007854 Dutchess County Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per hour Welder (To be paid the same rate of the mechanic performing the work) OVERTIME PAY HOLIDAY 1-As Per Trade '-" '-" Page 50 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRe Number 2006007854 Overtime Codes ~ Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the HOLIDAY section. (A ) Time and one half of the hourly rate after 7 hours per day ( AA ) Time and one half of the hourly rate after 7 and one half hours per day (8 ) Time and one half of the hourly rate after 8 hours per day ( 81 ) Time and one half of the hourly rate for the 9th & 10th hours week days and the 1 st 8 hours on Saturday. Double the hourly rate for all additional hours ( 82 ) Time and one half of the hourly rate after 40 hours per week (C ) Double the hourly rate after 7 hours per day ( C1 ) Double the hourly rate after 7 and one half hours per day (D ) Double the hourly rate after 8 hours per day ( D1 ) Double the hourly rate after 9 hours per day (E ) Time and one half of the hourly rate on Saturday ( E1 ) Time and one half 1st 4 hours on Saturday Double the hourly rate all additional Saturday hours ( E3 ) Between November 1 st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week (E2 ) '-' Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather ( E4 ) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather '-' (F ) (G) (H ) (I ) (J ) (K ) (L ) (M ) (N ) (0 ) (P ) (Q ) (R ) (S ) (S1 ) Time and one half of the hourly rate on Saturday and Sunday Time and one half of the hourly rate on Saturday and Holidays Time and one half of the hourly rate on Saturday, Sunday, and Holidays Time and one half of the hourly rate on Sunday Time and one half of the hourly rate on Sunday and Holidays Time and one half of the hourly rate on Holidays Double the hourly rate on Saturday Double the hourly rate on Saturday and Sunday Double the hourly rate on Saturday and Holidays Double the hourly rate on Saturday, Sunday, and Holidays Double the hourly rate on Sunday Double the hourly rate on Sunday and Holidays Double the hourly rate on Holidays Two and one half times the hourly.rate for Holidays, if worked Two and one half times the hourly rate the first 8 hours on Sunday or Holidays One and one half times the hourly rate all additional hours. (T ) Triple the hourly rate for Holidays, if worked Page 51 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRe Number 2006007854 \..- (U ) (V ) (W ) Four times the hourly rate for Holidays, if worked Including benefits at SAME PREMIUM as shown for overtime Time and one half for benefits on all overtime hours. NOTE:BENEFITS are PER HOUR WORKED,for each hour worked, unless otherwise noted \.... ~ Page 52 Prevailing Wage Rates for 07/01/2006 - 06/30/2007 Last Published on Mar 01 2007 Published by the New York State Department of Labor PRC Number 2006007854 Holiday Codes \...r PAID Holidays: Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME Holiday Pay: Overtime holiday pay is the premium pay that is reguired for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation ofthe code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normally classified. ( 1 ) None (2 ) Labor Day (3 ) Memorial Day and Labor Day (4 ) Memorial Day and July 4th ( 5 ) Memorial Day, July 4th, and Labor Day (6 ) New Year's, Thanksgiving, and Christmas (7) Lincoln's Birthday, Washington's Birthday, and Veterans Day ( 8 ) Good Friday (9 ) Lincoln's Birthday \...r ( 10 ) Washington's Birthday ( 11 ) Columbus Day ( 12 ) Election Day ( 13 ) Presidential Election Day ( 14 ) 1/2 Day on Presidential Election Day ( 15 ) Veterans Day ( 16 ) Day after Thanksgiving ( 17 ) July 4th ( 18 ) 1/2 Day before Christmas ( 19 ) 1/2 Day before New Years (20 ) Thanksgiving ( 21 ) New Year's Day (22 ) Christmas (23 ) Day before Christmas (24 ) Day before New Year's (25 ) Presidents' Day (26 ) Martin Luther King, Jr. Day \...r Page 53 NYS Department of Labor orkforce ew York BUREAU OF PUBLIC WORK STATE OFFICE BUilDING CAMPUS ALBANY, NY 12240 ~ Put us to work for you REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Fax (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. Please type all information requested below SUBMITTED BY: COlliCK ONE) o CONTRACTING AGENCY o ARCHITECT OR ENGINEERING FIRM o PUBLIC WORK DISTRICT OFFICE I DATE: ~ A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertainina to Contracting Agency) 1. Name and complete address (0 check if new or change) : 2. NY State Units (see Item 5) o 07 City o 01 DOT 008 local School District o 02 OGS 009 Special local District, Le., o 03 Dormitory Authority Fire, Sewer, Water District o 04 State University o 10 Village Construction Fund 011 Town o 05 Mental Hygiene o 12 County Telephone: ( ) Fax: ( ) Facilities Corp. 013 Other Non-N.Y. State E-Mail: o 06 OTHER N.Y. STATE UNIT (Describe) 3. SEND REPLY TO (0 check if new or change) 4. SERVICE REQUIRED. Check appropriate box and provide project Name and complete address: information. o New Schedule of Wages and Supplements. I APPROXIMATE BID DATE: I o Additional Occupation and/or Redetermination Telephone: ( ) Fax:( ) I PRC NUMBER ISSUED PREVIOUSLY FOR I OFFICE USE ONLY I THIS PROJECT : E-Mail: B. PROJECT PARTICULARS 5. Project Title 6. Location of Project: Location on Site Description of Work Route No/Street Address Village or City Contract Identification Number Town Note: For NYS units, the OSC Contract No. County 7. Nature of Project - Check One: 8. OCCUPATION FOR PROJECT: 0 1. New Building Construction (Building, Heavy Guards, Watchmen 0 2. Addition to Existing Structure 0 0 0 3. Heavy and Highway Construction (New and Repair) Highway/Sewer/Water) 0 Janitors, Porters, Cleaners 0 4. New Sewer or Waterline 0 Tunnel 0 Moving furniture and 0 5. Other New Construction (Explain) 0 Residential equipment 0 6. Other Reconstruction, Maintenance, Repair or Alteration 0 Landscape Maintenance 0 Trash and refuse removal 0 7. Demolition 0 Elevator maintenance 0 Window cleaners 0 8. Building Service Contract 0 Exterminators, Fumigators 0 Other (Describe) 9. Name and Title of Requester Signature CFFICE USE eN... Y ~ PW-39 (03-04) SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS tttj ~ DEPARTMENT OF LABOR - BUREAU OF PUBLIC WORK Under Article 8 of the NYS Labor Law, when two final determinations have been rendered against a contractor, sub- contractor and/or its successor within any consecutive six-year period determining that such contractor, sub-contractor and/or its successor has WILLFULLY failed to pay the prevailing wage and/or supplements, or when one final determination Involves falsification of payroll records or the kickback of wages and/or supplements, said contractor, sub-contractor and/or its successor shall be debarred and ineligible to submit a bid on or be awarded any public work contract/sub-contract with the state, any municipal corporation or public body for a period of five years from the date of debarment. NOTE: Where the Fiscal Officer is denoted "NYC", the information has been provided by the New York City Comptroller's Office, the agency issuing the determination. LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name 385 Services LLC FEIN: 16-1466399 Barred Until 01/08/2009 State NY Zip Code 13834 Address City 2657 State Highway 28 Portlandville Fiscal Officer Notes: DOL Multiple willful violations Company Name 4-A General Construction Corp FEIN: Barred Until 11-3161355 01/25/2012 City Brooklyn State NY Zip Code 11232 Address 131 47th Street Fiscal Officer Notes: AG Plea Agreement with A.G.'s Office and Spiridon Anthoulis, Anastasia Anthoulis aka Stacey Gouzos as individuals '-' City Bay Shore State NY Zip Code 11706 Company Name A & D Contracting Corp FEIN: Barred Until 11-3203983 08/01/2010 Address 15 Pine Aire Drive Fiscal Officer Notes: DOL Falsification of payroll records. Also Tommaso Allocca as an individual Company Name A A General Contractors Inc FEIN: Barred Until 16-1319254 10/18/2009 Address City State Zip Code 1765 Mt Read Boulevard Rochester NY 14606 Fiscal Officer Notes: DOL And W.J. Grinder Roofing as a substantially affiliated employer and Dominic Antonucci as an individual. Multiple willful violations Company Name A Castricone Concrete Inc FEIN: Barred Until 16-1582253 03/03/2008 City Athol Springs State NY Zip Code 14010 Address POBox 203 Fiscal Officer Notes: DOL and Crazy Horse Tonawanda Inc Company Name A&T General Construction Inc FEIN: Barred Until 13-3927478 12/11/2011 Address City State 3 Alan B Shepard Place Yonkers NY Fiscal Officer Notes: DOL and Nick Nitis as an individual - falsification of payroll records Zip Code 10705 Company Name ACC Construction Corp FEIN: Barred Until 11-2688758 OS/25/2011 \.,. Tuesday, March 06, 2007 City New York State NY Zip Code 10016 Address 6 East 32nd St - 7th FI Fiscal Officer Notes: NYC Falsified records Page 1 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \... Company Name Aegean General Contracting Inc FEIN: Barred Until 11-3451267 03/11/2008 City Flushing State NY Zip Code 11355 Address 57-16 157th Street Fiscal Officer Notes: Settlement agreement with A.G.'s Office - falsified payrolls - Also Aegean Marble Co., Aegean Marble Contracting Co., and George Begakis individually Company Name Aegean Marble Co. FEIN: Barred Until 11-3451267 03/11/2008 Address City State Zip Code Fiscal Officer Notes: See Aegean General Contracting Inc Company Name Aegean Marble Contracting Co. FEIN: Barred Until 11-3451267 03/11/2008 Address City State Zip Code Fiscal Officer Notes: See Aegean General Contracting Inc Company Name Albany Pipe Insulators Inc FEIN: Barred Until 14-1617890 02/18/2008 City V oorheesville State NY Zip Code 12186 Address POBox 332 - Foundry Rd Fiscal Officer Notes: DOL Company Name American Weathertite Inc FEIN: Barred Until 65-0465918 03/28/20 I 0 City Clifton State NJ Zip Code 0711 0 Address POBox 208 Fiscal Officer Notes: DOL Company Name Address City State Zip Code Amodio Russo 14 Brayron Road Carmel NY 10512 FEIN: Barred Until Fiscal Officer Notes: 06/01/2010 As in individual and P&T Iron Works. Falsification ofpayrolI records. Settlement Agreement with A.G.'s office '-" Company Name Anastasia Anthoulis FEIN: Barred Until 01/25/2012 City Brooklyn State NY Zip Code 11232 Address 131 47th Street Fiscal Officer Notes: AG aka Stacey Gouzos - as an individual- See 4-A General Construction Corp Company Name Andres Alvarez FEIN: Barred Until 12/24/2009 State NJ Zip Code 07644 Address City 372 North Main Street Lodi Fiscal Officer Notes: See Corinthian Construction Co Inc Company Name Angelo Zaffuto FEIN: Barred Until 09/29/2008 City Lynbrook State NY Zip Code 11563 Address 162 Atlantic Avenue Fiscal Officer Notes: AG As an individual. See Zaffuto Construction Company Inc Company Name ANS Welding Corp FEIN: Barred Until 11-] 867262 06/09/2009 ~ Tuesday, March 06, 2007 Zip Code 11704 Address City State III Dale Street West Babylon NY Fiscal Officer Notes: DOL Debarment period extended after additional willful violations Page 2 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \.- City Brooklyn State NY Zip Code 11232 Company Name Anthos Contracting Corp FEIN: Barred Until 11-2967327 01/25/2012 Address 131 47th Street Fiscal Officer Notes: AG Plea Agreement with A.G.'s Office Company Name AP Painting & Improvement Inc FEIN: Barred Until 11-2683637 04/09/2007 City West Hempstead State NY Zip Code 11552 Address 575 Hempstead Turnpike Fiscal Officer Notes: DOL Falsified payrolls Company Name APC Painting FEIN: Barred Until 05/13/2007 Address City State Zip Code Fiscal Officer Notes: See Apollo Construction Services Corp Company Name Apollo Construction Services Corp FEIN: Barred Until 13-3983219 05/13/2007 City Yonkers State NY Zip Code 10705 Address 157 Tibbets Road Fiscal Officer Notes: DOL dba Apolo Painting Corp. - multiple willful violations Company Name Apolo Painting Company FEIN: Barred Until 13-3863295 05/13/2007 Address City State Zip Code Fiscal Officer Notes: aka APC Painting - see Apollo Construction Services Corp ~ Company Name Apolo Painting Corp FEIN: Barred Until 13-3863295 05/13/2007 Address City State Zip Code Fiscal Officer Notes: See Apollo Construction Services Corp Company Name Asbestos Systems Inc FEIN: Barred Until 25-1742587 OS/20/2007 City Jamestown State NY Zip Code 14701 Address 1771 Foote Avenue Fiscal Officer Notes: DOL Gregory McCoy T/A GM Enterprises dba Asbestos Systems Inc Company Name Azam AIi Chaudhry FEIN: Barred Until 12/l 0/2007 Address City State Zip Code Fiscal Officer Notes: See Republic Reconstruction & Management Inc Company Name B & Z Development Inc FEIN: Barred Until 13-3713559 02/22/2010 City Spring Valley State NY Zip Code 10977 Address 19 West Street Fiscal Officer Notes: DOL dba Ben-Zvy Enterprises Inc and Erez Ben-Zvy as an individual. Company Name Bat-Jac Construction Inc FEIN: Barred Until 11-3391498 07/17/2009 "-' Tuesday, March 06,2007 City Port Washington State NY Zip Code 11050 Address 62 Neulist A venue Fiscal Officer Notes: DOL aka Bat-Jac Contracting Inc. a/k/a Bat-Jac Inc. and Kenneth Merz, president and one of its five largest shareholders and Steve Menzer, vice president and one of its five largest shareholders, as individuals. Falsified payrolls. Page 3 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT ....... Company Name Bat-Jac Contracting Inc FEIN: Barred Until 11-3133524 07/17/2009 Address City State Zip Code Company Name Bat-Jac Inc FEIN: Barred Until 07/17/2009 Fiscal Officer Notes: See Bat-Jac Construction Inc Address City State Zip Code Company Name Ben-Zvy Enterprises Inc FEIN: Barred Until 13-3713559 02/22/2010 Fiscal Officer Notes: See Bat-Jac Construction aka Bat-Jac Contracting City Spring Valley Address 19 West Street Fiscal Officer Notes: See B & Z Development Inc. State NY Zip Code 10977 Company Name Address Best of Friends of Schenectady Constr Co 425 Hamilton Street FEIN: Barred Until Fiscal Officer Notes: 20-2105455 01/24/2011 DOL City Schenectady State NY Zip Code 12305 Company Name Boguslaw Bozek FEIN: Barred Until 05/14/2008 Address City State Zip Code \.-- Company Name C B E Contracting Corp FEIN: Barred Until 11-2968809 10/21/2007 Fiscal Officer Notes: As an individual - see Goldhand Construction LLC City Greenpoint Address 310 McGuiness Blvd Fiscal Officer Notes: DOL And Muhammad A Beig as an individual. Falsified payrolls State NY Zip Code 11222 Company Name C J H Inc FEIN: 14-1830289 Barred Until 06/1 0/20 1 0 Address City State Zip Code Company Name Calvin S Robinson Electrical Inc FEIN: Barred Until 14-1657781 04/12/2007 Fiscal Officer Notes: See N F K Excavating and Construction Inc Address 2117 Egret Drive Fiscal Officer Notes: DOL Falsified payrolls City Clearwater State FL Zip Code 33764 Company Name Address Cappry Contracting Management Corp 1081 Coney Island A venue FEIN: Barred Until Fiscal Officer Notes: 06-1174437 02/09/2011 NYC Falsified payroll records City Brooklyn State NY Zip Code 11230 Company Name Carl Babb FEIN: Barred Until 07/21/2008 Address City State Zip Code Company Name Catenary Construction Corp FEIN: Barred Until 54-2129721 02/14/2011 \... Tuesday, March 06, 2007 Fiscal Officer Notes: As an individual- See Olympic Window Installers Ine Address City 112 Hudson Avenue Rochester Fiscal Officer Notes: DOL Subsidiary of Lancet Arch Inc. State NY Zip Code 14605 Page 4 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT '-" Company Name Causeway Construction Corp FEIN: Barred Until 13-3065561 09/27/2007 City College Point State NY Zip Code 11356 Address 110-30 15th Avenue Fiscal Officer Notes: NYC Multiple willful violations Company Name Address Cavalier Constr Corp c/o Clayman & Rosenbe 305 Madison Avenue FEIN: Barred Until Fiscal Officer Notes: 02/1912008 NYC Falsified records - plea agreement. Also Kingston Trucking & Rigging Corp., Manbru Construction Corp., Port Ewen Trucking Corp. and Super Structure Builders, Inc. as substantially owned-affiliated entities and/or successors of Cavalier. City New York State NY Zip Code 10165 Company Name Charles J Pardee FEIN: Barred Until 03/16/2009 City Hastings State NY Zip Code 13076 Address 261 Ball Road Fiscal Officer Notes: DOL As an individual. See Dalton Steel Inc. Company Name Charles Marangoudakis FEIN: Barred Until 08/16/2010 City Manhasset State NY Zip Code 11030 Address 25 Woodhill Lane Fiscal Officer Notes: DOL Individually and Marangos Construction Corp and Tropic Construction Corp. Multiple willful violations Company Name Christina J Hoek FEIN: Barred Until 06/1 0120 1 0 \...r Address City State Zip Code Fiscal Officer Notes: See N F K Excavating and Construction Inc Company Name Christopher Nicholson FEIN: Barred Until 10/19/2011 City Buffalo State NY Zip Code 14210 Address 91 Newman Place Fiscal Officer Notes: See Commercial System Construction Company Name Columbus General Construction Inc FEIN: Barred Until 11-3357344 12/16/2009 City Brooklyn State NY Zip Code 11230 Address 914 Newkirk Avenue Fiscal Officer Notes: AG And Mohammed A Rashid as an individual. Falsified business records. Plea agreement. Company Name Commercial Painting Co FEIN: Barred Until 16-1513909 05/0112008 State NY Zip Code 13215 Address City 4872 West Seneca Turnpike Syracuse Fiscal Officer Notes: DOL James Stanton dba Commercial Painting Co - falsified payroll records Company Name Commercial Steel Inc FEIN: Barred Until 16-1557064 03/1612009 City Central Square State NY Zip Code 13036 Address 65 Corporate Park Drive Fiscal Officer Notes: DOL As a successor and/or substantially-owned affiliated entity with Dalton Steel Inc dba Pardee Construction - multiple willful violations Company Name Commercial System Construction FEIN: Barred Until 90-0066866 10/19/2011 \...- Tuesday, March 06, 2007 City Buffalo State NY Zip Code 14210 Address 91 Newman Place Fiscal Officer Notes: DOL And Christopher Nicholson as an individual - falsification of payroll records Page 5 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \... Company Name Commtech Communications Inc FEIN: Barred Until 16-1335983 11/22/2007 City North Tonawanda State NY Zip Code 14120 Address 649 Warwick Road Fiscal Officer Notes: DOL See also Commtech Electrical Construction Corp and Michael R Palmer - multiple violations Company Name Commtech Electrical Construction FEIN: Barred Until 16-1407836 11/22/2007 City North Tonawanda State NY Zip Code 14120 Address 649 Warwick Road Fiscal Officer Notes: DOL See also Commtech Communications and Michael R Palmer- multiple violations Company Name Converse Construction Corp FEIN: Barred Until 11-3262576 03/21/2007 City Port Jefferson Sta State NY Zip Code 11776 Address 1597 Route 112 Fiscal Officer Notes: DOL Falsified payrolls Company Name Corinthian Construction Co Inc FEIN: Barred Until 13-3750033 12/24/2009 Zip Code 07644 Address City State 372 North Main Street Lodi NJ Fiscal Officer Notes: AG And Andres Alvarez as an individual. Plea agreement with A.G.'s Office Company Name Crazy Horse Tonawanda Inc FEIN: Barred Until 16-1528124 03/03/2008 City Athol Springs State NY Zip Code 14010 Address POBox 203 Fiscal Officer Notes: DOL and A Castricone Concrete Inc \..r City Central Square State NY Zip Code 13036 Company Name Dalton Steel Inc FEIN: Barred Until 16-1557064 03/12/2009 Address 197 US Route 11 Fiscal Officer Notes: DOL dba Pardee Construction and Shirley Pardee as an individual - multiple willful violations. Also Charles J Pardee as an individual. Company Name Darby General Contracting Inc FEIN: Barred Until 11-3420817 08/04/2008 City Copiague State NY Zip Code 11726 Address 565 Oak Street Fiscal Officer Notes: DOL dba Darby Glass Co - multiple willful violations Company Name Darby Glass Co FEIN: Barred Until 11-3081390 08/04/2008 Address City State Zip Code Fiscal Officer Notes: See Darby General Contracting Inc Company Name Dellapenna Associates Inc FEIN: Barred Until 16-1465989 02/18/2008 City Johnson City State NY Zip Code 13790 Address 86 Olive Street Fiscal Officer Notes: DOL Substantially owned-affiliated entity and/or successor of Dellapenna Brothers Inc - debarment period extended after additional violations Company Name Dellapenna Brothers Inc FEIN: Barred Until 16-0964223 08/04/2008 \.,r Tuesday, March 06,2007 City Johnson City State NY Zip Code 13790 Address 86 Olive Street Fiscal Officer Notes: DOL multiple willfuls - debarment period extended after additional violations Page 6 of27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \..,. Company Name Dennis Lounsbury Builders Inc FEIN: Barred Until 14-1538702 OS/27/2009 City BulviIle State NY Zip Code 10915 Address POBox 220 Fiscal Officer Notes: DOL aka Lounsbury Erectors Inc. Company Name Address DePoalo and Son Building Contractors Inc 296 Morris Road FEIN: Barred Until Fiscal Officer Notes: 14-1507523 07/12/2009 DOL Multiple willful violations City Schenectady State NY Zip Code 12303 Company Name DG Pipeline Inc FEIN: Barred Until 74-2917157 09/06/2011 City Ithaca Address 312 Halseyville Road Fiscal Officer Notes: DOL and Douglas S Griffen, President and one of the five largest shareholders - falsified payrolls State NY Zip Code 14850 Company Name Diamond "D" Construction Corp FEIN: Barred Until 16-1103218 12/14/2010 City Depew State NY Address 5270 Transit Road Fiscal Officer Notes: DOL and Joseph DiPizio individually and as its president. Falsification of payroll records Zip Code 14043 Company Name Diracon Commercial Contractors FEIN: Barred Until 08-1681415 05/18/2009 City New Hampton State NY Address 310 Maple A venue Fiscal Officer Notes: DOL and Rebecca Gatto-Wood as an individual. Falsified payarolls. Zip Code 10958 \... Zip Code 10552 Company Name DJH Mechanical Associates Ltd FEIN: Barred Until 13-3373364 02/01/2011 Address City 155 Kingsbridge Road East Mount Vernon Fiscal Officer Notes: DOL False records - plea agreement State NY Company Name Dominic Antonucci FEIN: Barred Until 10/18/2009 Address City State Zip Code 1939 Town Line Road Hilton NY 14468 Fiscal Officer Notes: DOL As an individual. See A A General Contractors Inc and W J Grinder Roofing Company. Company Name Don Adams Roofing Inc FEIN: Barred Until 13-3455881 12/07/2010 Address 472 Commerce Street Fiscal Officer Notes: DOL Plead guilty to a felony City Hawthorne State NY Zip Code 10532 Company Name Douglas S Griffen FEIN: Barred Until 09/06/20 II Address 312 Halseyville Road Fiscal Officer Notes: See DG Pipeline Inc City Ithaca State NY Zip Code 14850 Company Name Drywall Systems Unlimited Inc FEIN: Barred Until 06-1405921 10/02/2007 Address 182 West Main Street Fiscal Officer Notes: DOL City Middletown State NY Zip Code 10940 '-" Company Name E Green Restoration & Roofing Inc FEIN: Barred Until 16-1561693 06/21/2009 Tuesday, March 06, 2007 Address 117 Hawley Street Fiscal Officer Notes: DOL City Binghamton State NY Zip Code 13901 Page 7 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \..r Company Name Eliyhu Benyamin FEIN: Barred Until 03/05/2010 Address 303 Ten Eyck Street Fiscal Officer Notes: As an individual. See W & B Mechanical Corp. City Brooklyn State NY Zip Code 11206 Company Name Elizabeth A. Carr FEIN: Barred Until 10/14/2008 Address POBox 82 Fiscal Officer Notes: dba Everlasting Slate - as an individual City Valatie State NY Zip Code 12184 Company Name Address Emeis & Emeis General Contracting Corp 131 47th Street FEIN: Barred Until Fiscal Officer Notes: 13-4103233 01/25/2012 AG Plea Agreement with A.G.'s Office City Brooklyn State NY Zip Code 11232 Company Name Emes Heating & Plumbing Contr FEIN: Barred Until 13-2590780 Address 5 Emes Lane Fiscal Officer Notes: DOL and Julius and Gita Behrend, as individuals. Parties entered into a voluntary agreement to be permanently debarred City Monsey State NY Zip Code 10952 Company Name Empire State Renovation Corp FEIN: Barred Until 11-3170331 OS/22/2007 Address 15 Division Place Fiscal Officer Notes: NYC Falsified payrolls - plea agreement City Brooklyn State NY Zip Code 11222 \..r Zip Code 13350 Company Name Enjem's Incorporated FEIN: Barred Until 16-1038008 03/04/2009 Address City III South Main Street Herkimer Fiscal Officer Notes: DOL and Francis Enjem as an individual. Falsification of records. State NY Company Name Enviroclean Services LLC FEIN: Barred Until 26-0045677 09/07/2009 Address 4245 Union Rd- Suite 210 Fiscal Officer Notes: DOL City Buffalo State NY Zip Code 14225 Company Name Erez Ben-Zvy FEIN: Barred Until 02/22/2010 Address 19 West Street Fiscal Officer Notes: As an individual. See B & Z Development Inc City Spring Valley State NY Zip Code 10977 Company Name Euro Craft Restoration, Inc. FEIN: Barred Until 13-3769924 10/14/2008 Address 41-12 Ditmars Blvd Fiscal Officer Notes: DOL and Savvas A. Savva (as an individual) Falsification of records and kickback of wages. Plea agreement with A.G.'s Office City Long Island City State NY Zip Code 11105 Company Name Everlasting Slate FEIN: Barred Until 22-3397381 10/14/2008 \.... Tuesday, March 06, 2007 Address POBox 82 Fiscal Officer Notes: DOL And Elizabeth A. Carr and Sean Campion as individuals. Falsification of records City Valatie State NY Zip Code 12184 Page 8 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT ~ Company Name Florence XVI Century Marble Inc FEIN: Barred Until 11-3262505 08/03/2010 Address 120 Glen Head Road Fiscal Officer Notes: Falsification of payroll records - plea agreement City Glen Head State NY Zip Code 11545 Company Name Flower City Asbestos Inc FEIN: Barred Until 16-1292474 08/18/2009 Address City 850 St Paul Street Rochester Fiscal Officer Notes: DOL Multiple willful violations State NY Zip Code 14605 Company Name Address Flower City Insulation Sales & Contractors 137 Yorkton Street FEIN: Barred Until Fiscal Officer Notes: 16-1157832 08/03/2009 DOL Multiple willful violations City Webster State NY Zip Code 14580 Company Name Ford Construction Inc FEIN: Barred Until 11-3167975 07/18/2010 Address 18-18 26th Street Fiscal Officer Notes: DOL and Mohammed AIi Alvi and Mohammed AIi Alvi T/A Ford Masonry - falsification of records City Astoria State NY Zip Code 11102 Company Name Ford Masonry FEIN: Barred Until 07/18/2010 Address 18-18 26th Street Fiscal Officer Notes: DOL and Mohammed AIi Alvi individually and Ford Construction Inc. Falsification of payroll records City Astoria State NY Zip Code 11102 \...- Company Name Address City Foundation Construction Consultants Inc 294 20th Street Brooklyn FEIN: Barred Until Fiscal Officer Notes: 11-2761496 OS/20/2008 NYC Multiple willfuls and falsification of payroll records State NY Zip Code 11215 Company Name Francis Enjem FEIN: Barred Until 03/04/2009 Address City III South Main Street Herkimer Fiscal Officer Notes: As an individual. See Enjem's Incorporated. State NY Zip Code 13350 Company Name Address City State Zip Code Franco Paints Inc 159 92nd Street Brooklyn NY 11209 FEIN: Barred Until Fiscal Officer Notes: 08/07/2008 NYC and Mida Painting Ltd, Nicholas Kallergis and Stamatia Kallergis, as individuals. Assurance of Discontinuance/Settlement Agreement Company Name Frank Lobene Jr Zip Code 14624 FEIN: Barred Until 10/18/2010 Address City 13 Cheviot Lane Rochester Fiscal Officer Notes: As an individual - See Lobene Painting Inc. State NY Company Name Gem Building & Equipment Inc FEIN: Barred Until 14-1793970 06/28/2007 ~ Tuesday, March 06,2007 Address 2332 Route 9W Fiscal Officer Notes: DOL City Saugerties State NY Zip Code 12477 Page 9 of27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT ~ Company Name George Begakis FEIN: Barred Until 10/04/2011 Address City State Zip Code Fiscal Officer Notes: As an individual - see Aegean General Contracting Inc - Debarment period has been extended for George Begakis as per A.G.'s Plea Agreement Company Name George Bush FEIN: Barred Until 01/14/2009 State NY Zip Code 12118 Address City 19 Hoffman Drive Latham Fiscal Officer Notes: DOL Falsification of payroll records Company Name George J Leva Sr. FEIN: Barred Until 02/06/2008 Address City State Zip Code Fiscal Officer Notes: As an individual dba Ontario Flooring Company. Debarment period extended after additional violation Company Name Address George Lucey,Manual Tobio(see note) 150 Kings Street FEIN: Barred Until Fiscal Officer Notes: NYC Manuel P Tobio and Lake Constr and Development Corp (individually and as a whole) grand larceny,falsified records, debarred permanently City Brooklyn State NY Zip Code 11231 Company Name Gerasimo Andrianis FEIN: Barred Until 08/03/2011 ~ State NY Zip Code 11105 Address City 22-15 47th Street Astoria Fiscal Officer Notes: AG As an individual. See Rainbow Renovations Inc Company Name GM Enterprises FEIN: Barred Until 16-1509833 OS/20/2007 Address City State Zip Code Fiscal Officer Notes: See Asbestos Systems Inc Company Name Goldhand Construction LLC FEIN: Barred Until 22-3765123 05/14/2008 City Saddle River State NJ Zip Code 07458 Address 116 East Saddle River Rd Fiscal Officer Notes: DOL Falsified payroll records Company Name Gregory McCoy FEIN: Barred Until OS/20/2007 Address City State Zip Code Fiscal Officer Notes: As an individual. See GM Enterprises dba Asbestos Systems Inc Company Name Gregory Kloepfer FEIN: Barred Until 10/06/2009 City West Seneca State NY Zip Code 14224 Address 248 Lein Road Fiscal Officer Notes: DOL As an individual. See Kloepfer's Floor Coveming Company Name Haleem Zihenni FEIN: Barred Until 12/11/2011 \.,... Tuesday, March 06, 2007 State NY Zip Code 10705 Address City 3 Alan B Shepard Place Yonkers Fiscal Officer Notes: DOL As an individual see Omni Contracting Company Inc Page 10 of27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT '-" Company Name Hamax Construction Corporation FEIN: Barred Until 06-1482076 09/11/2008 City Thornwood State NY Zip Code 10594 Address 540 Commerce St - Ste 6 Fiscal Officer Notes: DOL Also Thomas Hanlon and William Valentine as individuals. Multiple willfuls and falsification of records. Debarment period extended after other willful violations Company Name Harrison Jarvis City New York State NY Zip Code 10027 FEIN: Barred Until 08/12/2009 Address 132 W 129th St-Ste 4W Fiscal Officer Notes: AG As an individual and Two By Four Carpentry and Construction Inc. Plea agreement with A.G.'s Office. Company Name HDA Construction FEIN: Barred Until 06-1613022 12/10/2007 City Bronx State NY Zip Code 10473 Address 942 Havemeyer Avenue Fiscal Officer Notes: DOL Falsified records Company Name Hector Colon City Bronx State NY Zip Code 10464 FEIN: Barred Until 04/17/2007 Address 3643 Bruckner Blvd Fiscal Officer Notes: DOL Conducting business as M & H Climate and Energy Management Ltd. Falsified payrolls Company Name Hi Tech Insulation FEIN: 16-1487213 Barred Until 12/09/2007 City Rochester State NY Zip Code 14612 Address POBox 12861 Fiscal Officer Notes: DOL Kevin C. Marlowe dba Hi Tech Insulation - multiple violations '-" Company Name Address City Hi-Amp Electrical Construction Corp 265-12 Hillside Avenue Floral Park FEIN: Barred Until Fiscal Officer Notes: 13-3520080 04/30/2007 DOL and Ivan Torres individually. Falsified payrolls State NY Zip Code 11 004 Company Name Howard K Enterprise Inc FEIN: Barred Until 22-3791841 04/14/2010 City Flushing State NY Zip Code 11361 Address 219-02 Northern Boulevard Fiscal Officer Notes: AG and Howard Kim aIkIa un Hak Kim as an individual - Plea agreement. Additional addresses: 703 Atlantic Avenue, Rochester, NY 14609 and 121 Hemingway Drive, Rochester, NY 14620 Company Name Howard Kim FEIN: Barred Until 04/14/2010 City Palisades Park State NJ Zip Code Address 75 West Edsall Boulevard Fiscal Officer Notes: AG aIkIa un Hak Kim, as an individual. See Howard K Enterprise Inc Company Name I C Construction Company Inc FEIN: Barred Until 14-1789216 08/21/2007 City Red Hook State NY Zip Code 12571 Address 120 South Broadway Fiscal Officer Notes: DOL Multiple willfuls - Debarment period extended after additional violations Company Name IES Environmental Inc FEIN: Barred Until 10/05/2009 '-' Tuesday, March 06,2007 City Cranston State Rl Zip Code 02910 Address 1655 Elmwood Avenue Fiscal Officer Notes: DOL And International Environmental Services Inc and James J Ney Jr as an individual. Falsification of payroll records Page 11 of27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT '-' Zip Code 11385 Company Name Address Integrity Construction & Consulting Servs 7615 Myrtle Avenue FEIN: Barred Until Fiscal Officer Notes: 11-3147728 02/15/2012 NYC Falsification of payroll records City Glendale State NY Company Name Address Interior Decorating Floor Covering Co Inc 2229 Clifford Avenue FEIN: Barred Until Fiscal Officer Notes: 16-1337838 07/29/2007 DOL Falsification of records City Rochester State NY Zip Code 14609 Company Name Address City International Environmental Resources FEIN: Barred Until Fiscal Officer Notes: 05-0448266 08/09/2007 See International Environmental Services Inc State Zip Code Company Name Address International Environmental Services Inc 2 Stafford Court FEIN: Barred Until Fiscal Officer Notes: 05-0448266 10/05/2009 DOL dba International Environmental Resources - Falsified payrolls. Debarment period extended after additional violation. Also IES Environmental Inc and James J Ney Jr as an individual City Cranston State RI Zip Code 02920 Company Name Ismael Cisneros FEIN: Barred Until 04/14/2008 Address City State Zip Code ~ Company Name Ivan Torres Zip Code 11004 FEIN: Barred Until 04/3012007 Fiscal Officer Notes: As an individual - See Izi Plumbing & Heating Ltd Address 265-12 Hillside Avenue Fiscal Officer Notes: DOL Individually and Hi-Amp Electrical Construction Corp. Falsified payrolls City Floral Park State NY Company Name Izi Plumbing & Heating Ltd FEIN: Barred Until 11-3157717 04/14/2008 Address 291 Metropolitan Avenue Fiscal Officer Notes: DOL and Ismael Cisneros, Individually - falsified payrolls City Brooklyn State NY Zip Code 11211 Company Name J B C Contracting Co Inc FEIN: Barred Until 11-3550663 03/23/2010 Address 346 Prospect Ave - 1st FI Fiscal Officer Notes: AG And/or 509 McDonald Avenue, Brooklyn NY 11218. And Mohammed H Kabir as an individual and J B C Contracting Company. Settlement agreement with A.G.'s Office City Brooklyn State NY Zip Code 11215 Company Name J B C Contracting Company FEIN: Barred Until 11-3330280 03/2312010 Address 346 Prospect Ave - 1st FI Fiscal Officer Notes: AG And/or 509 McDonald A venue, Brooklyn NY 11218. And Mohammed H Kabir as an individual and mc Contracting Co Inc. Settlement Agreement with A.G's Office City Brooklyn State NY Zip Code 11215 Company Name J Barr Construction Corp FEIN: Barred Until 11-3344003 12/14/2009 \... Tuesday, March 06,2007 Address 119-51 Metropolitan Ave Fiscal Officer Notes: DOL and Steve J Nictas as an individual. Multiple willful violations City Jamaica State NY Zip Code 11415 Page 12 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT ~ Address 84 Fredericks Avenue Fiscal Officer Notes: DOL Multiple willful violations City Albany State NY Zip Code 12205 Company Name J C McCashion Construction Inc FEIN: Barred Until 14-1767357 04/13/2011 Company Name J T Painting Corp FEIN: 06-1260246 Barred Until 02/26/2009 Address POBox 337 Fiscal Officer Notes: DOL Falsification of records City Burlingham State NY Zip Code 12722 Company Name James Avallone FEIN: Barred Until 08/07/2008 Address City State Zip Code Fiscal Officer Notes: As an individual - see James Avallone Tile & Marble - debarment period extended Company Name James Avallone Tile & Marble FEIN: Barred Until 07-5336752 08/07/2008 Address 217 Christie Street Fiscal Officer Notes: DOL Multiple willful violations - debarment period extended City Ridgefield Park State NJ Zip Code 07660 Company Name James J Ney Jr FEIN: Barred Until 10/05/2009 Address City State Zip Code 1655 Elmwood Avenue Cranston RI 02910 Fiscal Officer Notes: DOL As an individual. See International Environmental Services Inc and IES Environmentallnc Company Name Address City State Zip Code Jans General Construction Corp 131 47th Street Brooklyn NY 11232 \... FEIN: Barred Until Fiscal Officer Notes: 13-4201562 01/25/2012 AG Plea Agreement with A.G.'s Office Company Name Address City State Zip Code JBC Industries of Parish Jnc POBox 728 - CR 44 Mexico NY 13114 FEIN: Barred Until Fiscal Officer Notes: 16-1470149 07/24/2007 DOL Multiple willful violations Company Name Address City State Zip Code John Bradford 6614 Furnace Road Ontario NY 14519 FEIN: Barred Until Fiscal Officer Notes: 12/22/2009 As an individual. See Rusmar Environmental Services Corp. Com pany Name Address City State Zip Code Joseph DiPizio 5270 Transit Road Depew NY 14043 FEIN: Barred Until Fiscal Officer Notes: 12/14/2010 As an individual. See Diamond "D" Construction Corp Company Name Address City State Zip Code Joseph Zaffuto 162 Atlantic Avenue Lynbrook NY 11563 FEIN: Barred Until Fiscal Officer Notes: 09/29/2008 AG As an individual. See Zaffuto Construction Company Iuc Company Name Address City State Zip Code JRC Aris Electric Contractors FEIN: Barred Until Fiscal Officer Notes: 09/13/2009 See JRC Electric Control Service Jnc '-' Tuesday, March 06, 2007 Page 13 of27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT '-" Zip Code 11236 Company Name JRC Electric Control Service Inc FEIN: Barred Until 11-3199418 09/13/2009 City Brooklyn State NY Company Name Julius and Gita Behrend FEIN: Barred Until Address 516 East 51st Street Fiscal Officer Notes: NYC a/kIa JRC Aris Electric Contractors - multiple willfufl violations City Monsey State NY Zip Code 10952 Company Name K M R Enterprises Inc FEIN: Barred Until 14-1749993 05/03/2010 Address 5 Emes Lane Fiscal Officer Notes: See Emes Heating & Plumbing Contractor, Inc Address 10 Stuffle Street Fiscal Officer Notes: DOL Multiple willful violations. City Cropseyville State NY Zip Code 12052 Company Name Kefcal Construction Inc FEIN: Barred Until 01/25/2012 City Brooklyn State NY Zip Code 11232 Company Name Kenneth Merz FEIN: Barred Until 07/17/2009 Address 131 47th Street Fiscal Officer Notes: AG Plea Agreement with A.G.'s Office City Port Washington State NY Zip Code 11050 ~ Company Name Kenneth W Griffin FEIN: Barred Until 05/01/2011 Address 62 Neulist A venue Fiscal Officer Notes: As an individual. See Bat-Jac Construction City Rochester State NY Zip Code 14621 Company Name Kevin C Marlowe FEIN: Barred Until 12/09/2007 Address 10 1 Lill Street Fiscal Officer Notes: As an individual- see Lightning Fast Labor Force Services Inc Address City State Zip Code Company Name Keystone Construction Corp FEIN: Barred Until 16-1402500 0812012008 Fiscal Officer Notes: See Hi Tech Insulation City Brooklyn State NY Zip Code 11209 Company Name King Machine FEIN: 16-1293494 Barred Until 04/04/2010 Address 9945 Fort Hamilton Pkwy Fiscal Officer Notes: DOL And Nicholas Margaritis as an individual Address 11365 Center Road Fiscal Officer Notes: DOL See Robert Metzgar City Sheridan State NY Zip Code 14135 Company Name Kingston Trucking & Rigging Corp FEIN: Barred Until 11-3540715 02/19/2008 Address 99 St Nicholas Avenue Fiscal Officer Notes: DOL As a substantially owned-affiliated entity and/or successor of Cavalier Construction Corp. Falsification of records City Brooklyn State NY Zip Code 11237 '-' Company Name Kloepfer's Floor Covering FEIN: Barred Until 16-1234359 10/0612009 Tuesday, March 06, 2007 City West Seneca State NY Address 248 Lein Road Fiscal Officer Notes: DOL And Gregory Kloepfer as an individual. Multiple willful violations Zip Code 14224 Page 14 of27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT ~ Company Name Kosmar Contracting Corp FEIN: Barred Until 13-4103318 01/25/2012 City Brooklyn State NY Zip Code 11232 Company Name K-Star Construction Corp FEIN: Barred Until 01-0778648 12/11/2011 Address 131 47th Street Fiscal Officer Notes: AG Plea Agreement with A.G.'s Office Address 4248 161st Street Fiscal Officer Notes: DOL Multiple willful violations City Flushing State NY Zip Code 11358 Company Name L & T Plumbing Corp FEIN: Barred Until 11-3223496 01/11/2010 Address City 367 Veterans Memorial Hwy Commack Fiscal Officer Notes: DOL And Robert DeMonte as an individual. State NY Zip Code 11725 Company Name Labar Enterprises of Rochester Inc FEIN: Barred Until 16-1605462 04/18/2010 Address City 2121 Empire Boulevard Webster Fiscal Officer Notes: DOL dba Labar Excavating Inc. Multiple willful violations State NY Zip Code 14580 Company Name Labar Excavating Inc FEIN: Barred Until 04/18/2010 Address City State Zip Code Fiscal Officer Notes: See Labar Enterprises of Rochester Inc. State ~ Company Name Address City Lake Construction and Development Corp FEIN: Barred Until Fiscal Officer Notes: 11-2678816 See George Lucey -debarred permanently Zip Code Company Name Lancet Arch Inc FEIN: 16-1259628 Barred Until 02/14/2011 Address City State 112 Hudson Avenue Rochester NY Fiscal Officer Notes: DOL Multiple willful violations - and its subsidiary Catenary Construction Corp Zip Code 14605 Company Name Liberty Painting Company Inc FEIN: Barred Until 16-1480256 12/08/2010 Address 183 Lorfield Drive Fiscal Officer Notes: DOL Miltiple willful violations City Snyder State NY Zip Code 14226 City Rochester State NY Zip Code 14604 Company Name Address Lightning Fast Labor Force Services Inc 150 North Chestnut Street FEIN: Barred Until Fiscal Officer Notes: 20-0386651 05/01/2011 DOL And Winston J Goins Sr. and Kenneth W Griffm individually. Falsification of records Company Name Address City Linda Williams c/o MJAB Construction Inc 183 Washington Avenue New Rochelle FEIN: Barred Until Fiscal Officer Notes: 04/22/2009 DOL As an individual. See MJAB Construction Inc State NY Zip Code 10801 Company Name Lobene Painting Inc FEIN: Barred Until 16-1514981 10/18/2010 \... Tuesday, March 06, 2007 City Rochester State NY Address 13 Cheviot Lane Fiscal Officer Notes: DOL And Frank Lobene Jr and Matthew Lobene as individuals - falsification of payroll records Zip Code 14624 Page 15 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT '-' City Buffalo State NY Zip Code 14290 Company Name Look Under the Carpet Services Inc FEIN: Barred Until 01-0664654 12/15/2010 Address POBox 686 Fiscal Officer Notes: A.G Plea Agreement with A.G.'s Office - principal place of business: Buffalo, NY 14208 1557 Jefferson Avenue, Company Name Lorenzo DeVardo City Long Island City State NY Zip Code 11105 FEIN: Barred Until 01/08/2009 Address 1850 Steinway Street Fiscal Officer Notes: DOL As an individual. See Vardo Construction Corp Company Name Lounsbury Erectors Inc FEIN: Barred Until OS/27/2009 Address City State Zip Code Fiscal Officer Notes: See Dennis Lounsbury Builders Inc Company Name L TS Construction FEIN: Barred Until 16-1463105 06/30/2009 City Rochester State NY Zip Code Address 24 Miller Street Fiscal Officer Notes: See Thomas L. Smalls Company Name Address M & H Climate and Energy Management Ltd FEIN: Barred Until Fiscal Officer Notes: 58-2152185 04/17/2007 See Hector Colon City State Zip Code City Binghamton State NY Zip Code 13903 '-" Company Name Address M & S Pipeline Excavation Company Inc 784 Conklin Road FEIN: Barred Until Fiscal Officer Notes: 16-0926714 05/06/2009 DOL Multiple willful violations Company Name Manbru Construction Corp FEIN: Barred Until 02/19/2008 City Bronx State NY Zip Code 10462 Address 1439 Wood Road Fiscal Officer Notes: DOL Also at 201-203 E 22nd Street, New York 10010. As a substantially owned-affiliated entity and/or successor of Cavalier Construction Corp. Falsification of records. Company Name Manns Contracting Corp FEIN: Barred Until 01/25/2012 City Brooklyn State NY Zip Code 11232 Address 131 47th Street Fiscal Officer Notes: AG Plea Agreement with A.G.'s Office Company Name Manuel P. Tobio FEIN: Barred Until Address City State Zip Code Fiscal Officer Notes: See George Lucey - debarred permanently Company Name Manuel Tobio FEIN: Barred Until \.. Tuesday, March 06, 2007 Address City State Zip Code Fiscal Officer Notes: See George Lucey - debarred permanently Page 16 of27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT ~ Company Name Marangos Construction Corp FEIN: Barred Until 11-2554543 08/16/2010 City Maspeth State NY Zip Code 11378 Address 59-45 56th Avenue Fiscal Officer Notes: DOL And Charles Marangoudakis individually and Tropic Construction Corp. Multiple willful violations. Company Name Mary Newsom FEIN: Barred Until OS/24/2009 Address 1537 Union Street Fiscal Officer Notes: DOL As an individual. City Schenectady State NY Zip Code 12309 Company Name Mas-Ann Mechanical Inc FEIN: Barred Until 16-1357694 01/04/2010 See Pachyderm Enterprises, Inc Address City 35 Regency Oaks Blvd Rochester Fiscal Officer Notes: DOL Debarment period extended after additional willful violations State NY Zip Code 14624 Company Name Masciarelli Construction Co FEIN: Barred Until 16-0902053 05/06/2009 Address 784 Conklin Road Fiscal Officer Notes: DOL Multiple willful violations City Binghamton State NY Zip Code 13903 Company Name Matthew Lobene FEIN: Barred Until 10/18/2010 Address City 13 Cheviot Lane Rochester Fiscal Officer Notes: As an individual - See Lobene Painting Inc State NY Zip Code 14624 ~ Zip Code 10980 Company Name MCS Painting Contractors Inc FEIN: Barred Until 01/25/2011 City Stony Point Address Lime Kiln Court Fiscal Officer Notes: DOL False records - also Michael Salerno as its President State NY Company Name Merchants I & S Corp Inc FEIN: Barred Until 16-1405450 11/22/2007 Address City 7732 Victor Mendon Road Victor Fiscal Officer Notes: DOL Debarment extended after additional violation State NY Zip Code 14564 Company Name Merit Fence Co Inc FEIN: Barred Until 06-1350241 08/06/2008 Address City 130 Old Route 6 Carmel Fiscal Officer Notes: DOL Multiple willful violations State NY Zip Code 10512 Company Name MGC Restoration Services Inc FEIN: Barred Until 11-3031515 01/01/2010 City Bayside Address 64-58 218th Street Fiscal Officer Notes: AG And Michael Capous individually. Plea agreement State NY Zip Code 11364 Company Name Michael Capous FEIN: Barred Until 01/01/2010 '-' Tuesday, March 06, 2007 City Bayside Address 64-58 218th Street Fiscal Officer Notes: AG As an individual. Se MGC Restoration Services Inc. State NY Zip Code 11364 Page 17 of27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT '-" Company Name Michael R Palmer FEIN: Zip Code Barred Until 1l/22/2007 Address City State Fiscal Officer Notes: As an individual - See Commtech Communications Inc and Commtech Electrical Construction Corp Company Name Michael Salerno Zip Code 10980 FEIN: Barred Until o l/25/2009 Address Lime Kiln Court Fiscal Officer Notes: DOL Individually as president ofMCS Painting Contractors. false records City Stony Point State NY Company Name Mida Painting Ltd FEIN: Zip Code II 209 Barred Until 08/07/2008 Address 159 92nd Street Fiscal Officer Notes: NYC and Franco Paints, Inc. and Nicholas Kallergis and Stamatia Kallergis, as individuals. Assurance of Discontinuance/Settlement Agreement City Brooklyn State NY Company Name MJAB Construction Inc FEIN: Barred Until 58-2620937 04/22/2009 Address 183 Washington A venue Fiscal Officer Notes: DOL and Linda Williams as an individual. Falsification of payroll records City New Rochelle State NY Zip Code 10801 Company Name Address Modem Tech Design & Services Inc 9151 Southwestern Blvd FEIN: Barred Until Fiscal Officer Notes: 16-1464435 0l/19/2011 DOL Multiple willful violations City Angola State NY Zip Code 14006 '-" Zip Code 11230 Company Name Mohammed A Rashid FEIN: Barred Until 12/16/2009 Address 914 Newkirk Avenue Fiscal Officer Notes: As an individual. See Columbus General Construction Inc City Brooklyn State NY Company Name Mohammed Ali Alvi FEIN: Barred Until 07/18/2010 Address 22-41 26th Street - Apt 2 Fiscal Officer Notes: DOL Individually and Mohammed Ali Alvi T/A Ford Masonry and Ford Construction Inc. Falsification of payroll records City Astoria State NY Zip Code 11102 Company Name Mohammed H Kabir FEIN: Barred Until 03/23/2010 Address 200 East 77th Street Fiscal Officer Notes: AG As an individual. See J B C Contracting Co Inc and J B C Contracting Company _ Settlement Agreement with A.G.'s Office City Brooklyn State NY Zip Code 11218 Company Name Muhammad A Beig FEIN: Barred Until 10/21/2007 Address 142 East Market Street Fiscal Officer Notes: DOL As an individual - See C B E Contracting Corporation. falsified payrolls City Long Beach State NY Zip Code 11561 Company Name Muir Contractors Associates Inc FEIN: Barred Until 11-3586616 08/18/2010 \.,... Tuesday, March 06, 2007 Address 75 Argyle Ave - Suite 28 Fiscal Officer Notes: DOL Falsification of payroll records City Union dale State NY Zip Code 11553 Page 18 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \...r Address State Zip Code Company Name Musa Pacuku FEIN: City Barred Until 04/14/2008 Fiscal Officer Notes: As an individual - See Victory Roofing & Contracting Co Inc Address State Zip Code Company Name N F K Enterprises FEIN: City Barred Until 06/10/20 I 0 Fiscal Officer Notes: See N F K Excavating and Construction Inc City Pine Bush State NY Zip Code 12566 Company Name Address N F K Excavating and Construction Inc 22 Black Hawk Road FEIN: Barred Until Fiscal Officer Notes: 14-1803310 06/10/2010 DOL and N F K Landscaping Supply Corp and N F K Enterprises Inc and CJH Inc and Roger A Hoek Jr and Christina J Hoek as individuals. Falsification of payroll records Address State Zip Code Company Name N F K Landscaping Supply Corp FEIN: Barred Until 14-1817371 06/10/2010 City Fiscal Officer Notes: See N F K Excavating and Construction Inc Company Name Neuss Construction Inc FEIN: Barred Until 14-1782213 09/06/20 II State NY Zip Code 12542 Address 1191 Route 9W - Suite #C6 Fiscal Officer Notes: DOL And Rudolph Neuss as an individual, as chief executive and one of the five largest shareholders ofNeuss Construction Inc- falsification of payroll records City Marlboro '--' State NY Zip Code 11209 Company Name Nicholas Kallergis FEIN: Address 159 92nd Street Fiscal Officer Notes: As an individual. City Brooklyn Barred Until 08/07/2008 See Franco Paints, Inc.and Mida Painting Ltd Address State Zip Code Company Name Nicholas Margaritis FEIN: Barred Until 08/20/2008 City Fiscal Officer Notes: See Keystone Construction Corp. Address 3 Alan B Shepard Place Fiscal Officer Notes: DOL As an individual- see A&T Construction State NY Zip Code 10705 Company Name Nick Nitis FEIN: City Yonkers Barred Until 12/11/2011 City Whitestone State NY Zip Code 11357 Company Name Address Nu-Look Painting & Wallpapering Inc 151-60 7th Avenue FEIN: Barred Until Fiscal Officer Notes: 11-3389457 08/04/2009 AG and TF Painting Corp. and Tarcisio Ferreira, individually. Plea agreement with the A.G.'s Office. City Brooklyn State NY Zip Code 11218 Company Name Address Olympia Mechanical Piping & Heating Inc 3624 12th Avenue FEIN: Barred Until Fiscal Officer Notes: 11-3161641 08/1 8/20 I 0 AG And Steven Tischler and Solomon Werzberger as individuals. Plea Agreement with District Attorney ~ Tuesday, March 06, 2007 Page 19 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \.- Company Name Olympic Window Installers Inc FEIN: Barred Until 22-3034903 07/21/2008 Address 174 Lincoln Avenue Fiscal Officer Notes: DOL and Carl and Russell Babb as individuals City Hawthorne State NI Zip Code 07506 Company Name Omni Contracting Company Inc FEIN: Barred Until 22-3431803 ] 2/1l/20 I ] Address City State Zip Code 3 A]an B Shepard Place Yonkers NY 10705 Fiscal Officer Notes: DOL And Haleem Zihenni as an individual- falsification of payroll records Company Name Ontario Flooring Company FEIN: Barred Until ]6-]554554 02/06/2008 Address City State Zip Code 296 Rogers Parkway Rochester NY] 46] 7 Fiscal Officer Notes: DOL See George I Leva Sr. Debarment period extended after additional violation Company Name Oswego Trucking & Leasing FEIN: Barred Until ]6-137]8]4 07/21/2008 Address 258 Washington Blvd Fiscal Officer Notes: DOL Falsified records City Oswego State NY Zip Code ]280] Company Name P & H Supply Company Inc FEIN: Barred Until 13-3868727 OS/25/2009 Address City State Zip Code 24]-A Harrison Avenue Harrison NY 10528 Fiscal Officer Notes: DOL Multiple willful violations - debarment period extended after additional willful violations ~ Company Name P&T Iron Works FEIN: Barred Until 13-3895]33 06/01/2010 Address City State Zip Code 59 Plain Avenue New Rochelle NY 1080] Fiscal Officer Notes: and Amodio Russo individually. Falsification of payroll records. Settlement Agreement with A.G.'s office Company Name Pachyderm Enterprises Inc FEIN: Barred Until 00-1386527 OS/24/2009 Address ]537 Union Street Fiscal Officer Notes: DOL And Willie Iones and Mary Newsom as individuals - Multip]e willful violations City Schenectady State NY Zip Code ]2309 Company Name Paragon Plate Glass Inc FEIN: Barred Until ]6-] I13039 1l/07/20Il Address City State Zip Code 210 Factory Street Watertown NY 1360] Fiscal Officer Notes: DOL And Thomas E Mooney individually as President of Paragon Plate Glass Inc - falsified payrolls Company Name Pardee Construction FEIN: Barred Until ]6-]557064 03/12/2009 Address City State Zip Code Fiscal Officer Notes: See Dalton Steel Inc. Company Name Paul M Maintenance Inc FEIN: Barred Until ] ]-3287638 07/02/2007 \...-. Tuesday, March 06,2007 Address 7 Gatewood Drive Fiscal Officer Notes: DOL Fa]sified payrolls City Hauppague State NY Zip Code ] ]788 Page 20 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT ~ Company Name Address City State Zip Code Perry Jacobs 736 Sherman Dr-Box 8015 Utica NY 13505 FEIN: Barred Until Fiscal Officer Notes: 12/04/2010 As an individual. See Precision Site Work Inc. - debarment period extended Company Name Address City State Zip Code Pettit & Pettit Inc 7 Schuyler Street Belmont NY 14813 FEIN: Barred Until Fiscal Officer Notes: 16-1576164 03/21/2010 DOL Multiple villful violations Company Name Address City State Zip Code Pipejackers Inc 15 East Bartlett Road Middle Island NY 11953 FEIN: Barred Until Fiscal Officer Notes: 11-2209596 06/26/2007 DOL Company Name Port Ewen Trucking Corp FEIN: Barred Until 11-3484639 02/19/2008 Address 2013 Flatbush A venue Fiscal Officer Notes: DOL Also at 99 St. Nicholas Avenue, Brooklyn, NY 11237. As a a substantially owned- affiliated entity and/or successor of Cavalier Construction Corp. Falsification of records City Brooklyn State NY Zip Code 11234 Company Name Precision Site Work Inc FEIN: Barred Until 16-1609167 12/04/2010 ~ Address City State Zip Code 736 Sherman Dr - Box 8015 Utica NY 13505 Fiscal Officer Notes: DOL And its president, Perry Jacobs, as an individual. Falsification of payroll records - debarment period extended Company Name Rainbow Renovations Inc FEIN: Barred Until 11-3542626 08/03/2011 Address 35-44 Crescent Street Fiscal Officer Notes: AG Additional addresses: 22-15 47th Street, Astoria, NY 11105 and 35-34 31st Street, Long Island City, NY 11106. Gerasimo Andrianis debarred as an individual. City Long Island City State NY Zip Code 11106 Company Name Rapid Demolition Co Inc FEIN: Barred Until 11-2869485 11118/2007 Address 2550 West 13th Street Fiscal Officer Notes: NYC And successors City Brooklyn State NY Zip Code 11223 Company Name Rebecca Gatto-Wood FEIN: Barred Until 05/18/2009 Address City State Zip Code Fiscal Officer Notes: As an individual. See Diracon Commercial Contractors. Company Name Address Republic Construction & Management Inc 8111 7th A venue FEIN: Barred Until Fiscal Officer Notes: 11-3178177 12/10/2007 NYC and Azam Ali Chaudhry - falsified payrolls - plea agreement City Brooklyn State NY Zip Code 11228 Company Name Robbye Bissesar FEIN: Barred Until \.. Tuesday, March 06, 2007 Address 89-51 Springfield Blvd Fiscal Officer Notes: As an individual. See Star International Inc -permanently debarred City Queens Village State NY Zip Code 11427 Page 21 of27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT ~ Company Name Robert Amendola FEIN: Zip Code 11701 Barred Until 03/1 9/2008 Address 1084 Sunrise Highway Fiscal Officer Notes: As an individual. See Westwood Fence Corp. City Amityville State NY Company Name Robert DeMonte FEIN: Zip Code 11725 Barred Until 01/10/2010 Address City 367 Veterans Memorial Hwy Commack Fiscal Officer Notes: As an individual. See L & T Plumbing Corp. State NY Company Name Robert W Metzgar FEIN: Barred Until 04/04/2010 Address 11365 Center Road Fiscal Officer Notes: DOL dba King Machine - Also as an individual. City Sheridan State NY Zip Code 14135 Company Name Roger A Hoek Jr FEIN: Zip Code Barred Until 06/1 0/20 I 0 Address City State Fiscal Officer Notes: See N F K Excavating and Construction Inc Company Name Rudolph Neuss FEIN: Zip Code 12550 Barred Until 09106/20 II Address 8 Far Horizons Drive Fiscal Officer Notes: DOL As an individual - see Neuss Construction Inc City Newburgh State NY ~ Company Name Address Rusmar Environmental Services Corp 703 Atlantic Avenue FEIN: Barred Until Fiscal Officer Notes: 16-1492326 12/22/2009 AG And John Bradford as an individual. Falsified payrolls. Plea agreement. City Rochester State NY Zip Code 14609 Company Name Russell Babb FEIN: Barred Until 07/21/2008 Address City State Zip Code Fiscal Officer Notes: As an individual - See Olympic Window Installers Inc Company Name Address S & B Construction & Contracting Ltd 78 Wohseepee Road FEIN: Barred Until Fiscal Officer Notes: 11-2987611 04/15/2007 DOL City Brightwaters State NY Zip Code 11718 Company Name Savvas A. Savva FEIN: Zip Code Barred Until 10/14/2008 Address City State Fiscal Officer Notes: See Euro Craft Restoration Inc Company Name Scott Bendersky FEIN: Barred Until 04/15/2007 Address 78Wohseepee Road Fiscal Officer Notes: DOL Individually and as Officer and/or Shareholder of S & B Construction and Contracting Ltd City Brightwaters State NY Zip Code 11718 Company Name Sean Campion FEIN: Barred Until 10/14/2008 \...- Tuesday, March 06, 2007 Address City POBox 82 Valatie Fiscal Officer Notes: dba Everlasting Slate - as an individual State NY Zip Code 12184 Page 22 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \.., Company Name Shirley J Pardee FEIN: Zip Code 13036 Barred Until 03/12/2009 Address 197 U S Route II Fiscal Officer Notes: As an individual. See Dalton Steel Inc dba Pardee Construction. City Central Square State NY Company Name Signal Construction LLC FEIN: Barred Until 16-1610415 11/14/2011 Address City 199 Grider Street Buffalo Fiscal Officer Notes: DOL Multiple willful violations State NY Zip Code 14215 Company Name SN Contracting Corp FEIN: Barred Until 01/25/2012 Address 131 47th Street Fiscal Officer Notes: AG Plea Agreement with A.G.'s Office City Brooklyn State NY Zip Code 11232 Company Name SNA Contracting Corp FEIN: Barred Until 11-3502738 01/25/2012 Address 131 47th Street Fiscal Officer Notes: AG Plea Agreement with A.G.'s Office - additional SS# 11-3617489 City Brooklyn State NY Zip Code 11232 Company Name Solomon Werzberger FEIN: Barred Until 08/18/2010 Address 56 Lyncrest Drive Fiscal Officer Notes: As an individual. See Olympia Mechanical Piping & Heating Incorporated City Monsey State NY Zip Code 10952 ~ Zip Code 14006 Company Name Address Southwestern General Contracting Inc 1586 Gowans Road FEIN: Barred Until Fiscal Officer Notes: 16-1569822 10/08/2009 DOL Falsification of records City Angola State NY Company Name Spiridon Anthoulis FEIN: Barred Until 01/25/2012 Address 131 47th Street Fiscal Officer Notes: AG As an individual - See 4-A General Construction Corp City Brooklyn State NY Zip Code 11232 Company Name Address City Stacey Gouzos FEIN: Barred Until Fiscal Officer Notes: 01/25/2012 See Anastasia Anthoulis State Zip Code Company Name Stamatia Kallergis FEIN: Zip Code 11209 Barred Until 08/07/2008 Address 159 92nd Street Fiscal Officer Notes: As an individual. See Franco Paints, Inc. and Mida Painting Ltd City Brooklyn State NY Company Name Star International Inc FEIN: Barred Until 00-1613496 Address 89-51 Springfield Blvd Fiscal Officer Notes: DOL Also Robbye Bissesar. Falsified payroll - permanently debarred City Queens Village State NY Zip Code 11427 Company Name State Environmental Services Inc FEIN: Barred Until 11-3164259 02/25/2008 '-" Tuesday, March 06,2007 Address 180 I Stillwell Avenue Fiscal Officer Notes: NYC Plea agreement City Brooklyn State NY Zip Code 11223 Page 23 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \.... Company Name Steve J Nictas c/o J Barr Constr FEIN: Barred Until 12/14/2009 Address 119-51 Metropolitan Ave Fiscal Officer Notes: DOL As an individual - See J Barr Construction Corp. City Jamaica State NY Zip Code 11415 Company Name Steve Menzer Zip Code 11050 FEIN: Barred Until 07/17/2009 Address 62 Neulist Avenue Fiscal Officer Notes: As an individual. See Bat-Jac Construction City Port Washington State NY Company Name Steven Tischler FEIN: Zip Code 11212 Barred Until 08/18/2010 Address 1465 46th Street Fiscal Officer Notes: As an individual. City Brooklyn State NY See Olympia Mechanical Piping & Heating Incorporated Company Name Super Structure Builders Inc FEIN: Barred Until 11-3487355 02/19/2008 Address 99 St Nicholas Avenue Fiscal Officer Notes: DOL Also at 2013 Flatbush Avenue, Brooklyn, NY 11234. As a substantially owned-affiliated entity and/or successor of Cavalier Construction Corp. Falsification of records City Brooklyn State NY Zip Code 11237 Company Name Superior Jamestown Corporation FEIN: Barred Until 16-1381131 03/17/2008 Address 55 Jones-Gifford Avenue Fiscal Officer Notes: NYC Falsified payroll records City Jamestown State NY Zip Code 14701 \.... Zip Code 1I232 Company Name Tao General Contractors Inc FEIN: Barred Until 01/25/2012 Address 131 47th Street Fiscal Officer Notes: AG Plea Agreement with A.G.'s Office City Brooklyn State NY Company Name Tarcisio Ferreira Zip Code 11357 FEIN: Barred Until 08/04/2009 Address 151-60 7th Avenue Fiscal Officer Notes: AG and Nu-Look Painting & Wallpapering Inc and TF Painting Corp. A.G.'s Office. City Whitestone State NY Plea agreement with Company Name TF Painting Corp FEIN: Barred Until 08/04/2009 Address 151-60 7th Avenue Fiscal Officer Notes: AG and Nu-Look Painting & Wallpapering Inc. and Tarcisio Ferreira, individually. Plea agreement with A.G.'s Office. City Whitestone State NY Zip Code 11357 Company Name Thomas E Mooney FEIN: Barred Until ll/07/2011 Address 164 Winslow Street Fiscal Officer Notes: As an individual. Additional address: 150 Clinton Street, Apt 6, Watertown, NY 13601. See Paragon Plate Glass Inc City Watertown State NY Zip Code 13601 Company Name Thomas Hanlon FEIN: Zip Code Barred Until 09/11/2008 '-' Tuesday, March 06, 2007 Address City State Fiscal Officer Notes: As an individual. See Hamax Construction Corp Page 24 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT '-' Company Name Thomas L Smalls FEIN: Zip Code 14605 Barred Until 06/30/2009 Address 24 Miller Street Fiscal Officer Notes: DOL dba L TS Construction - also as an individual. Falsified payrolls. City Rochester State NY Company Name Thomas Masonry & Concrete lnc FEIN: Barred Until 16-1535306 08/18/2009 Address City 803 West Avenue, Ste 207 Rochester Fiscal Officer Notes: DOL Multiple willful violations State NY Zip Code 14611 Company Name Thomas Masonry Enterprise lnc FEIN: Barred Until 73-3103284 08/18/2009 Address City 955 Buffalo Road Rochester Fiscal Officer Notes: DOL Multiple willful violations State NY Zip Code 14624 Company Name Tommaso Allocca Zip Code 11706 FEIN: Barred Until 08/01/2010 Address 15 Pine Aire Drive Fiscal Officer Notes: DOL As an individual. T/A A & D Contracting Corp. Falsification of payroll records City Bay Shore State NY Company Name Topo-Metrics Inc FEIN: 11-2465550 Barred Until 04/22/2009 Address City 432 Park Avenue South New York Fiscal Officer Notes: DOL Falsification of payroll records State NY Zip Code 10016 \..r Zip Code 14210 Company Name Topor Contracting Inc FEIN: Barred Until 16-1590680 04/27/2009 Address 153 Fillmore Avenue Fiscal Officer Notes: DOL Falsified payrolls City Buffalo State NY Company Name Address Tower Building Maintenance and Mgmt 347 Kingsland A venue FEIN: Barred Until Fiscal Officer Notes: 11-3042307 11/24/2008 DOL Additional willful violations - debarment period extended City Brooklyn State NY Zip Code 11222 Company Name Tri-State Building Contractors lnc FEIN: Barred Until 14-1765905 OS/24/2009 Address City 108 Sparrow Ridge Road Carmel Fiscal Officer Notes: DOL Falsified payroll records State NY Zip Code 10512 Company Name Tropic Construction Corp FEIN: Barred Until 11-2659640 08/16/2010 Address 59-45 56th Avenue Fiscal Officer Notes: DOL and Marangos Construction and Charles Marangoudakis individually. Multiple willful violations City Maspeth State NY Zip Code 11378 Company Name Address Two By Four Carpentry and Constr Inc 132 W 129th St-Ste 4W FEIN: Barred Until Fiscal Officer Notes: 08/12/2009 AG dba of Harrison Jarvis. Plea agreement with A.G.'s Office. City New York State NY Zip Code 10027 Company Name un Hak Kim FEIN: Zip Code '-' Barred Until 04/14/2010 Tuesday, March 06, 2007 Address City State Fiscal Officer Notes: AG As an individual. See Howard K Enterprise Ine and Howard Kim Page 25 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT '-" Company Name V ardo Construction Corporation FEIN: Barred Until 11-2694892 01/08/2009 Address 1850 Steinway Street Fiscal Officer Notes: DOL And Lorenzo DeVardo as an individual. Falsified payrolls City Long Island City State NY Zip Code III05 Company Name Vasilios Tsimitras FEIN: Zip Code Barred Until 11/27/2011 Address City State Fiscal Officer Notes: See William Tsimitras Company Name Address Victory Roofing & Contracting Co Inc 265 Victory Boulevard FEIN: Barred Until Fiscal Officer Notes: 38-0100331 04/14/2008 DOL and Musa Pacuku as in individual. Falsification of records City Staten Island State NY Zip Code 10301 Company Name Viva Victoria Enterprises Ltd FEIN: Barred Until 1/-3355466 06/12/2011 Address 10317 90th Street Fiscal Officer Notes: NYC Falsification ofrecords City Ozone Park State NY Zip Code 11417 Company Name W & B Mechanical Corp FEIN: Barred Until 1/-1340725 03/05/2010 Address 303 Ten Eyck Street Fiscal Officer Notes: DOL aka White and Blue Sheet Metal Inc and Eliyhu Benyamin as an individual. Falsification of records. City Brooklyn State NY Zip Code 11206 \... Company Name W J Grinder Roofing Company FEIN: Barred Until 16-0846854 10/18/2009 Address City State Zip Code 1765 Mt Read Boulevard Rochester NY 14606 Fiscal Officer Notes: DOL As a substantially affiliated employer. See A A General Contractors, Inc. Multiple violations Company Name Westwood Fence Corp FEIN: Barred Until 11-3084236 03/19/2008 Address 1084 Sunrise Highway Fiscal Officer Notes: And Robert Amendola as an individual. Falsified payrolls. Plea agreement entered into with Suffolk County D.A.'s Office. City Amityville State NY Zip Code 11701 Company Name White and Blue Sheet Metal Inc FEIN: Barred Until 03/05/2010 Address 303 Ten Eyck Street Fiscal Officer Notes: See W & B Mechanical Inc. City Brooklyn State NY Zip Code 11206 Company Name Wiley Development Co Inc FEIN: Barred Until 16-1363561 08/11/2009 Address City 235 Northampton Street Buffalo Fiscal Officer Notes: DOL Falsified payroll records State NY Zip Code 14208 Company Name Address City State William Tsimitras 235 91st Street Brooklyn NY FEIN: Barred Until Fiscal Officer Notes: 11/27/2011 DA aka Vasilios, individually - Plea agreement with Albany County DA \.r Tuesday, March 06,2007 Zip Code 11209 Page 26 of 27 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT \...- Company Name Address City State Zip Code William Valentine FEIN: Barred Until Fiscal Officer Notes: 09/11/2008 As an individual. See Hamax Construction Corp Company Name Address City State Zip Code Willie Jones 1537 Union Street Schenectady NY 12309 FEIN: Barred Until Fiscal Officer Notes: OS/24/2009 DOL As an individual. See Pachyderm Enterprises Inc Company Name Address City State Zip Code Winston J Goins Sr 87 Mailing Drive Rochester NY 14621 FEIN: Barred Until Fiscal Officer Notes: 05/01/2011 As an individual - see Lightning Fast Labor Force Services Inc Company Name Address City State Zip Code Wintech Contracting Inc 1950 E Main St - Ste 205A Mohegan Lake NY 10547 FEIN: Barred Until Fiscal Officer Notes: 13-3139312 07/22/2009 DOL Falsified payroll records Company Name Address City State Zip Code Yang General Contracting Ltd 13 I 47th Street Brooklyn NY 11232 FEIN: Barred Until Fiscal Officer Notes: 01/25/2012 AG Plea agreement with A.G.'s Office Company Name Address City State Zip Code Yin Construction Ltd 131 47th Street Brooklyn NY 11232 ~ FEIN: Barred Until Fiscal Officer Notes: 13-0520288 01/25/2012 AG Plea Agreement with A.G.'s Office Company Name laffuto Construction Company Inc FEIN: Barred Until 11-2139574 09/29/2008 Address 162 Atlantic Avenue Fiscal Officer Notes: AG And Angelo laffuto (President of lCCI) and Joseph laffuto (Key Person to lCCI), as individuals -Settlement Agreement City Lynbrook State NY Zip Code 11563 Company Name larben General Construction Inc FEIN: Barred Until 13-41564 01/25/2012 Address 131 47th Street Fiscal Officer Notes: AG Plea Agreeement with A.G.'s Office City Brooklyn State NY Zip Code 11232 \... Tuesday, March 06, 2007 Page 27 of 27 DIVISION - 01 '-" GENERAL REQUIREMENTS SECTION 01100 - SUMMARY PART I - GENERAL 1.1 SUMMARY OF WORK A. Project: Carnwath and Highway Garage Sites - Fuel Tank Improvements. B. Owner: Town of Wappinger. C. Engineer: Fellenzer Engineering LLP - 22 Mulberry Street, Middletown, NY 10940 Eric D. Fellenzer, P.E. D. The Work consists of, but is not limited to: ~ Carnwath - Disconnect existing fuel oil supply and return lines from the existing sub-base tank of the existing diesel generator and permanently closing the sub-base fuel tank as per CNYCRR 613.9(b). Install a new 190-gallon "Fire-Hopper" fuel oil tank aboveground on concrete pad, install new supply and return fuel oil lines from new tank to connections at existing generator. Work to be done as required and as described in the Contract Documents. Highway Garage - Disconnect existing fuel oil supply and return lines from the existing underground fuel oil tank outside the garage and remove existing lines from existing furnace to inside containment sump of underground tank and cap. Install a new lOOO-gallon "Fire-Hopper" fuel oil tank aboveground on concrete pad outside building, install new supply and return fuel oil lines from new tank to connections at existing furnace. Work to be done as required and as described in the Contract Documents. 1.2 WORK RESTRICTIONS A. Contractor's Use of Premises: During construction, Contractor will have limited use of site and building as indicated. Contractor's use of premises is limited only by Owner's right to perform work during construction. I. Owner will occupy building during construction. Perform construction during normal working hours (8 AM to 5 PM Monday thru Saturday, other than holidays), unless otherwise agreed to in advance by Owner. Clean up work areas and return to a useable condition at the end of each work period. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) \..- END OF SECTION 01 100 SUMMARY 01100 - 1 ~ SECTION 01300 - ADMINISTRATIVE REQUIREMENTS PART 1- GENERAL 1.1 PROJECT MANAGEMENT AND COORDINATION A. Coordinate construction to ensure efficient and orderly installation of each part of the Work. B. Conduct progress meetings at Project site every 2 weeks. Notify Owner and Engineer of meeting dates and times. Require attendance of each subcontractor or other entity concerned with current progress or involved with planning or coordination of future activities. I. Record minutes and distribute to parties involved, including Owner and Engineer. 1.2 SUBMITTAL PROCEDURES A. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. \..- 1. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing. Engineer will not accept submittals from sources other than Contractor. Identify deviations from the Contract Documents. Submit six copies of each submittal. 2. 3. 4. B. Place a permanent label or title block on each submittal for identification. Provide a 4- by 5- inch (100- by 125-mm) space on the label or beside title block to record review and approval markings and action taken. Include the following information on the label: I. Project name. 2. Date. 3. Name and address of Contractor. 4. Name and address of subcontractor or supplier. 5. Number and title of appropriate Specification Section. C. Engineer will review each action submittal, mark as appropriate to indicate action taken, and return copies less those retained. Compliance with specified requirements remains Contractor's responsibility . D. Construction Schedule Submittal Procedure: '-' 1. Submit schedule within 10 days after date established for Commencement of the Work. Distribute copies to Owner, Engineer, subcontractors, and parties required to comply with dates. Revise the schedule after each meeting or activity where revisions have been made. As Work progresses, mark each bar to indicate actual completion. Distribute revised copies to Owner, Engineer, subcontractors, and parties required to comply with dates. 2. ADMINISTRATIVE REQUIREMENTS 01300 - I '-' PART 2 - PRODUCTS 2.1 ACTION SUBMITTALS A. Product Data: Mark each copy to show applicable choices and options. Include the following: 1. Data indicating compliance with specified standards and requirements. 2. Notation of coordination requirements. 3. For equipment data, include rated capacities, dimensions, weights, required clearances, and furnished specialties and accessories. B. Shop Drawings: Submit Project-specific information drawn to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. Submit 1 reproducible print and 1 blue- or black-line print on sheets at least 8-112 by 11 inches (215 by 280 mm) but no larger than 30 by 42 inches (762 by 1067 mm). Engineer will return the reproducible print. Include the following: 1. Dimensions, profiles, methods of attachment, large-scale details, and other information, as appropriate for the Work. 2. Identification of products and materials. 3. Notation of coordination requirements. 4. Notation of dimensions established by field measurement. c. C. Samples: Submit Samples finished as specified and identical with the material proposed. Where variations are inherent in the material, submit sufficient units ,to show full range of the variations. Include name of manufacturer and product name on label. '-' 2.2 INFORMA TION SUBMITTALS A. Construction Schedule: Prepare a horizontal bar chart Contractor's construction schedule. 1. Provide a separate time bar for each activity, using same breakdown of Work indicated in the Schedule of Values, and a vertical line to identify the first workday of each week. 2. Coordinate each element with other activities. Show each activity in proper sequence. Indicate sequences necessary for completion of related Work. 3. Indicate Substantial Completion and allow time for Engineer's procedures necessary for certifying Substantial Completion. B. Product Certificates: Prepare written statements on manufacturer's letterhead certifying that product complies with requirements. PART 3 - EXECUTION (Not Applicable) END OF SECTION 01300 \... ADMINISTRA TNE REQUIREMENTS 01300 - 2 \...- SECTION 01400 - QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 SECTION REQUIREMENTS A. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1. Testing and inspecting services are specified in other Sections of these Specifications or are required by authorities having jurisdiction and shall be performed by independent testing agencies. 2. Owner will provide testing and inspecting services not specified to be provided by Contractor. 3. Contractor is responsible for scheduling inspections and tests and notifying testing agency. 4. Retesting and Reinspecting: Contractor shall pay for additional testing and inspecting required as a result of tests and inspections indicating noncompliance with requirements. B. Performance and Design Criteria: Where design services or certifications by a professional engineer are required by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. ~ 1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Engineer. 2. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. C. Submittals: Testing agency shall submit a certified written report of each inspection and test to Owner, Engineer, Contractor, and to authorities having jurisdiction when authorities so direct. Reports of each inspection, test, or similar service shall include the following: 1. Name, address, and telephone number of testing agency. 2. Project title and testing agency's project number. 3. Date of report and designation (number). 4. Dates and locations where samples were taken or inspections and field tests made. 5. Ambient conditions at the time of sample taking and inspecting or field testing. 6. Names of individuals taking the sample or making the inspection or test. 7. Product and test method. 8. Inspection or test data including interpretation of test results and comments or professional opinion on whether inspected or tested Work complies with requirements. 9. Recommendations on retesting or reinspection. 10. Name and signature of laboratory inspector. D. Testing Agency Qualifications: Agencies that specialize in the types of inspections and tests to be performed and are acceptable to authorities having jurisdiction. '-" QUALITY REQUIREMENTS 01400 - 1 ~ ~ \..... E. Testing Agency Responsibilities: Testing agency shall cooperate with Engineer and Contractor in performing its duties and shall provide qualified personnel to perform inspections and tests. 1. Agency shall promptly notify Engineer and Contractor of deficiencies in the Work observed during performance of its services. 2. Agency shall not release, revoke, alter, or enlarge requirements of the Contract Documents nor approve or accept any portion of the Work. 3. Agency shall not perform duties of Contractor. F. Auxiliary Services: Cooperate with testing agencies and provide auxiliary servIces as requested, including the following: 1. Access to the Work. 2. Incidental labor and facilities to assist inspections and tests. 3. Adequate quantities of materials for testing, and assistance in taking samples. 4. Facilities for storing and curing test samples. 5. Security and protection for samples and test equipment. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01400 QUALITY REQUIREMENTS 01400-2 '-" SECTION 0 1420 - REFERENCES PART 1- GENERAL 1.1 GENERAL REQUIREMENTS A. Publication Dates: Comply with standards in effect as of date of the Contract Documents, unless otherwise indicated. B. Abbreviations and Acronyms: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web site addresses are subject to change and are believed to be accurate and up-to-date as ofthe date of the Contract Documents. AABC AAMA AASHTO ~ ACI AGA AIA AMCA ANSI ARl ASHRAE \.... ASME REFERENCES Associated Air Balance Council www.aabchq.com (202) 737-0202 American Architectural Manufacturers Association www.aamanet.org (847) 303-5664 American Association of State Highway and Transportation Officials www.aashto.org (202) 624-5800 American Concrete Institute/ACI International www.aci-int.org (248) 848-3700 American Gas Association www.aga.org (202) 824-7000 American Institute of Architects (The) www.e-architect.com (202) 626-7300 Air Movement and Control Association International, Inc. www.amca.org (847) 394-0150 American National Standards Institute www.ansl.org (202) 293-8020 Air-Conditioning & Refrigeration Institute www.ari.org (703) 524-8800 American Society of Heating, Refrigerating and Air-Conditioning Engineers www.ashrae.org (800) 527-4723 (404) 636-8400 ASME International (The American Society of Mechanical Engineers (800) 843-2763 (212) 591-7722 01420 - 1 International) '-" www.asme.org ASTM American Society for Testing and Materials (610) 832-9585 www.astm.org AWS American Welding Society (800) 443-9353 www.aws.org (305) 443-9353 AWWA American Water Works Association (800) 926-7337 www.awwa.org (303) 794-7711 BOCA BOCA International, Inc. (708) 799-2300 www.bocai.org CDA Copper Development Association Inc. (800) 232-3282 www.copper.org (212) 251-7200 CFR Code of Federal Regulations (888) 293-6498 www.access.gpo.gov/nara/cfr (202) 512-1530 EPA Environmental Protection Agency (202) 260-2090 www.epa.gov FMG FM Global (401) 275-3000 ~ (Formerly: FM - Factory Mutual System) www.fmglobal.com HI Hydraulic Institute (888) 786-7744 www.pumps.org (973) 267-9700 ICC International Code Council (703) 931-4533 (Formerly: CABO - Council of American Building Officials) www.intlcode.org ICBO International Conference of Building Officials (800) 284-4406 www.icbo.org (562) 699-0541 IEEE Institute of Electrical and Electronics Engineers, Inc. (The) (212) 419-7900 www.leee.org MBMA Metal Building Manufacturers Association (216) 241-7333 www.mbma.com NECA National Electrical Contractors Association (301) 657-3110 www.necanet.org NEMA National Electrical Manufacturers Association (703) 841-3200 '-' www.nema.org REFERENCES 01420 - 2 NETA InterNational Electrical Testing Association (303) 697-8441 ~ www.netaworld.org NFPA National Fire Protection Association (800) 344-3555 www.nfpa.org (617) 770-3000 NRCA National Roofing Contractors Association (800) 323-9545 www.nrca.net (847) 299-9070 SMACNA Sheet Metal and Air Conditioning Contractors' National (703) 803-2980 Association www.smacna.org UBC Uniform Building Code (See: International Conference of Building Officials) UL Underwriters Laboratories Inc. (800) 704-4050 www.u1.com (847) 272-8800 PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) ~ END OF SECTION 01420 \..r REFERENCES 01420 - 3 \.,. SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS PART 1- GENERAL 1.1 SECTION REQUIREMENTS A. Use Charges: Contractor shall pay for all use charges. B. Use water and electric power from Owner's existing system without metering and without payment of use charges. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 A. ~ 3.2 A. B. TEMPORARY UTILITIES Sanitary Facilities: Use of Owner's existing facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. TEMPORARY FACILITIES Provide field offices, storage trailers, and other support facilities as necessary for the Work. Collect waste daily and, when containers are full, legally dispose of waste off-site. 1. Handle hazardous, dangerous, or unsanitary waste materials in separate closed waste containers. Dispose of material according to applicable laws and regulations. C. Provide temporary enclosures for protection of construction and workers from inclement weather and for containment of heat. 3.3 TEMPORARY CONTROLS A. Provide temporary environmental controls as required by authorities having jurisdiction including, but not limited to, erosion and sediment control, dust control, noise control, and pollution control. B. Provide temporary barricades, warning signs, and lights to protect the public and construction personnel from construction hazards. '-' 1. Enclose construction areas with fences with lockable entrance gates, to prevent unauthorized access. TEMPORARY FACILITIES AND CONTROLS 01500 - I '-' ~ \... C. Provide temporary fire protection until permanent systems supply fire-protection needs. Comply with NFP A 241. 3.4 TERMINATION AND REMOVAL A. Remove temporary facilities and controls before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner. END OF SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 01500 - 2 \..,.. SECTION 01600 - PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SECTION REQUIREMENTS A. Provide products of same kind from a single source. The term "product" includes the terms "material," "equipment," "system," and similar terms. B. Product Substitutions: Substitutions include products and methods of construction differing from that required by the Contract Documents and proposed by Contractor after award of the Contract. ~ 1. 2. 3. Submit six copies of each request for product substitution. Submit requests within 14 days after signing the Contract. Submit requests in time to permit processing of request and subsequent submittals, if any, sufficiently in advance of when materials are required in the Work. Do not submit unapproved substitutions on Shop Drawings or other submittals. Identify product to be replaced and provide complete documentation showing compliance of proposed substitution with applicable requirements. Include a full comparison with the specified product, a list of changes to other Work required to accommodate the substitution, and any proposed changes in the Contract Sum or the Contract Time should the substitution be accepted. Engineer will review the proposed substitution and notify Contractor of its acceptance or rejection. 4. 5. C. Comparable Product Submittal: 1. Submit six copies of each request for approval of products as comparable to basis-of- design products. Submit requests in time to permit processing of request and subsequent submittals, if any, sufficiently in advance of when materials are required in the Work. Do not submit unapproved products on Shop Drawings or other submittals. 2. Identify product to be replaced and provide complete documentation showing compliance of proposed product with applicable requirements. Include a full comparison with the specified product. 3. Engineer will review the proposed product and notify Contractor of its acceptance or rejection. D. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft. Comply with manufacturer's written instructions. \..... 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. Deliver products to Project site in manufacturer's original sealed container or packaging, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. Inspect products on delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. 2. 3. PRODUCT REQUIREMENTS 01600 - I \.,. 4. 5. Store materials in a manner that will not endanger Project structure. Store products that are subject to damage by the elements, under cover in a weather-tight enclosure above ground, with ventilation adequate to prevent condensation. PART 2 - PRODUCTS 2.1 PRODUCT OPTIONS A. Provide products that comply with the Contract Documents, are undamaged, and are new at the time of installation. 1. Provide products complete with accessories, trim, finish, and other devices and components needed for a complete installation and the intended use and effect. B. Select products to comply with all ofthe following that are applicable: ~ 1. Where only a single product or manufacturer is named, provide the item indicated. No substitutions will be permitted. Where two or more products or manufacturers are named, provide one of the items indicated. No substitutions will be permitted. Where products or manufacturers are specified by name, accompanied by the term "available products" or "available manufacturers," provide one of the named items or comply with provisions for "comparable product" to obtain approval for use of an unnamed product or manufacturer. Where a single product is named as the "basis-of-design" together with the names of other manufacturers, provide the named product or comply with provisions for "comparable product submittal" to obtain approval for use of a product of one of the other named manufacturers. Where a single product is named as the "basis-of-design" and no other manufacturers are named, provide the named product or comply with provisions for "comparable product submittal" to obtain approval for use of a product of another manufacturer. Where a product is described with required characteristics, provide a product that complies with those characteristics. Where compliance with performance requirements is specified, provide products that comply and are recommended in writing by the manufacturer for the application. Where compliance with codes, regulations, or standards, is specified, select a product that complies with the codes, regulations, or standards referenced. 2. 3. 4. 5. 6. 7. 8. C. Unless otherwise indicated, Owner will select color, pattern, and texture of each product from manufacturer's full range of options that includes both standard and premium items. PART 3 - EXECUTION (Not Applicable) \..- END OF SECTION 01600 PRODUCT REQUIREMENTS 01600 - 2 \....- SECTION 01732 - SELECTIVE DEMOLITION AND EXCA VA TION PART 1 - GENERAL 1.1 SECTION REQUIREMENTS A. Unless otherwise indicated, demolished materials become Contractor's property. Remove from Project site. B. Items indicated to be removed and salvaged remain Owner's property. Remove, clean, and deliver to Owner's designated storage area. C. Comply with EP A& DEC regulations and disposal regulations of authorities having jurisdiction. D. Conduct demolition without disrupting Owner's use of the building. E. It is possible that hazardous or contaminated materials may be encountered in the Work. If materials suspected of containing hazardous materials are encountered, immediately notify Architect and Owner. Hazardous materials shall be removed as indicated on the plans and in the specifications. ~ PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3. I DEMOLITION A. Maintain and protect existing utilities to remain in service before proceeding with excavation/demolition, providing bypass connections to other parts of the building. B. Locate, identify, shut off, disconnect, and cap off utility services to be excavated and demolished. C. Conduct excavation and demolition operations and remove debris to prevent injury to people and damage to adjacent buildings and site improvements. D. Provide and maintain shoring, bracing, or structural support to preserve building stability and prevent movement, settlement, or collapse. E. Protect building structure and interior from weather and water leakage and damage. F. Protect walls, ceilings, floors, and exposed finishes that are to remain. Erect and maintain dustproof partitions. Cover and protect fixtures, furnishings, and equipment that are to remain. '-' G. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. SELECTIVE DEMOLITION 01732-1 '--' '--' \..,. H. Promptly patch and repair holes and damaged surfaces of building caused by excavation and demolition. Restore exposed finishes of patched areas and extend finish restoration into remaining adjoining construction. I. Promptly remove demolished materials from Owner's property and legally dispose of them. Do not burn demolished materials. END OF SECTION 01732 SELECTIVE DEMOLITION 01732 - 2 SECTION 02220 - CONTAMINATED MATERIALS EXCAVATION, STAGING, LOADING, TRANSPORTATION AND DISPOSAL \.,. PART 1- GENERAL 1.01 DESCRIPTION A. The procedures outlined in this specification shall be followed during the excavation, staging, loading, transportation, and disposal of contaminated materials generated according to the following scenarios. 1. Contaminated soil generated during the removal of systems, unearthing of the existing underground piping or any oils/contaminates removed, spilled, or leaked from same. 2. Contaminated liquid (including water) and solid waste, other than soil, debris produced by the Contractor during the unearthing of tanks and removal of dispensing equipment. B. The Contractor shall load contaminated soil into trucks furnished by others for transportation to a New York solid waste disposal facility. "Contaminated" soils are defined for the purposes of this specification by criteria outlined the NY-DEC guidelines for contaminated soil removal and disposal. The Contractor shall load and transport contaminated liquid and solid waste, other than soil, to an approved and permitted waste disposal facility. \.... C. Contractors lump sum bid shall include restoration of disturbed surfaces as a result of stockpiling contaminated soil including: (1) topsoil, seeding, and mulch-, (2) gravel replacement: (3) sweeping paved areas. Damage to existing paved surfaces to be repaired and/or restored at no extra cost. 1.02 UNIT PRICES A. Soil Quantity: As required due to field conditions to excavate, stage, load, transport, and dispose of any and all contaminated soil discovered during tank removal. B. Adjustments in contract price will be made due to changes in quantity of contaminated soil, based on unit prices established in the agreement. C. Determination of Unit Measurements: Identified by site measurements and verified by the Owner's Representative. Unit measurement shall be in cubic yards. Provide unit pricing for work in this section in cubic yards. 1.03 SUBMITTALS REQUIRED AS RESULT OF A SPILL OR CONTAMINATION A. The Contractor or his approved Subcontractor shall prepare and submit to the Owner, prior to the initiation of contaminated soil excavation, a Health and Safety Plan (HASP) for work associated with contaminated soil at the site. This plan will address all of the activities, which the Contractor will perform in fulfillment of the contract, and will comply in all aspects with OSHA regulations for hazardous waste operations (29 CFR 1910.120). 02220-1 \.... '-" The Contractor shall make the HASP available to authorized personnel who require access to the contaminated area or exclusion zone. The health and safety of the Contractor's employees remains solely the responsibility of the Contractor. B. The Contractor or his approved Subcontractor shall prepare and submit to the Owner, prior to the initiation of the contaminated or hazardous material handling work, a list of personnel expected to be engaged in site activities and certify that said personnel have completed the education requirements stipulated in 29 CFR 1919.120, are currently monitored under a medical surveillance program in compliance with those regulations, and that they are fit to work under level C conditions. The Contractor or his approved subcontractor shall provide documentation of appropriate training for all site personnel. c. The Contractor shall prepare and maintain all material shipment records required by applicable federal, state, and local regulations. The Contractor shall provide copies of all documentation to the Owner. D. The Contractor shall submit written documentation to the Owner identifying the final disposal location of contaminated liquid and solid waste other than soil. PART 2 - PRODUCTS 2.01 GENERAL ~ A. Plastic Sheet: Provide polyethylene plastic sheeting with a minimum thickness of 10-mil and a minimum width of ten feet. B. Granular Absorbent: Provide granular absorbent such as Speedy-dry or approved equal. C. DOT Approved Shipping Drums: All drums used to be US DOT approved shipping drums compatible with liquid and semi-liquid contaminated materials present at the site. Drums shall comply with requirements of 49 CFR Part 173 and shall be labeled in accordance with 49 CFR Part 172. D. All vehicles used by Contractor or Subcontractor to transport contaminated liquid and solid waste, other than soil, shall be registered with the NY -DEC. Transport vehicles and loading and unloading procedures shall meet all appropriate State and Federal DOT standards. PART 3 - EXECUTION 3.01 HEALTH AND SAFETY A. Requirements of29 CFR 1910.120 shall be followed by the Contractor. 3.02 LOCATION OF CONTAMINATED SOIL A. \...- If Contractor locates material believed to be contaminated on the project, he shall immediately cease work in the area and contact the Owner or Engineer. Contractor is responsible for performing necessary testing to determine if site materials are contaminated. 02220-2 3.03 . REMOVAL AND STAGING OF CONTAMINATED SOIL '-" A. Area Preparation: Prior to excavation, all standing liquids and associated sludge shall be removed. B. Excavation: The excavation of contaminated soil will not extend below the water table more than one foot, reach areas which may compromise structural integrity of buildings or utilities, or extend below barriers to contaminant movement such as clay, slit lenses, or termination of soil at the bedrock surface unless ordered by the Engineer. Engineer with guidance from NY-DEC will determine the reasonable depth of excavation. Backfilling in the area of construction shall not proceed until the Contractor has written authorization from the Owner. C. Staging: Excavated soil that has been preliminarily classified as "contaminated' material shall be staged on-site in the following manner as directed by the Owner. 1. Excavated soil shall be underlain and covered by plastic. A four-inch layer of clean sand shall be placed between the plastic and the ground in the staging area. Cover to be held in place with weights to prevent wind damage. 2. Staging area shall be inspected by Contractor regularly in order to prevent the release of contaminants to the environment throughout the duration of the 3. All labor, tools, materials, and equipment necessary for containment of excavated soil shall be provided by the Contractor. \.... 3.04 TRANSPORTATION A. Drums 1. Drums of contaminated liquid and solid waste, other than soil, shall be transported by Contractor to appropriate permitted facility, as arranged by Contractor and approved by Owner. 2. Drums shall not be double stacked. 3. Truck beds and walls must be clean and smooth to prevent damage to drums. 4. Drums shall be secured to prevent slipping during transport. B. Bulk Material 1. All vehicles to be used for transport of "contaminated" waste, shall be registered with the NY -DEC. Materials shall be covered during transport. All appropriate State and Federal DOT standards shall be met. 2. Contractor shall load and transport bulk waste to a NY-DEC approved solid waste disposal facility, as arranged by the Contractor and approved by the Construction Coordinator/Engineer. '-' 3. Bulk solids shall be kept several inches below the top of the truck container. 02220-3 4. The load shall be secured to prevent shifting or release during transport. \... 3.06 DISPOSAL A. Based on the finalized soil classification contaminated soil shall be loaded by the Contractor onto vehicles provided by others for transport to an approved NY-DEC disposal facility in the following manner: 1. Contaminated soil will be loaded for transportation by the Contractor and transported to the disposal facility. Contaminated soil loading and transportation arrangements will be coordinated between the Contractor and the Owner. 2. No contaminated soil shall be loaded onto vehicles until the Engineer has completed his review of the soil testing laboratory results and approval from the Engineer is received by the Contractor. 3. During the loading operations and final cleanup of the staging area, the Contractor shall prevent the mixing of contaminated soil with the non-contaminated soil at the staging area. B. The Contractor shall coordinate the disposal of work-generated materials which may be contaminated including reasonable amounts of material generated by the Engineer and the Owner. ~ 3.07 DECONTAMINATION A. Contractor shall supply all labor, materials, tools, and equipment for the decontamination of personnel, equipment and supplies. B. Methods - Decontamination procedures shall follow the requirements of 29 CFR 1910.120 as described in the Contractor's HASP. C. Equipment 1. All equipment shall be provided to the site free of contamination. 2. Contractor shall decontaminate all equipment which comes in contact with contaminated material after completion of work. D. Rinse water used for decontamination which contains chemicals used during decontamination or which contains hazardous chemicals from the equipment which was decontaminated shall be collected in drums, unless otherwise directed by the Owner. PART 4 - METHOD OF MEASUREMENT AND BASIS OF PAYMENT 4.01 DESCRIPTION '-" A. This work includes the excavation, temporary storage and locating of contaminated soil and concrete resulting from the removal or draining of the storage tank and restoration of 02220-4 '-" ~ ~ surfaces disturbed by stockpiling contaminated soil. The contaminated soil shall be loaded into trucks. The transportation and disposal of contaminated soil is included in this work. B. The preparation of all submittals, DOT approved shipping containers, decontamination procedures, disposal of liquid and solid waste generated during decontamination procedures, and all materials, equipment, tools and labor required for the excavation, staging, and loading of contaminated soil will not be measured and will be considered incidental to contaminated soil excavation, staging and loading. C. Soil samples and laboratory analysis will be paid for by this contractor. END OF SECTION 02220 02220-5 SECTION 02700 - SITE CONCRETE WORK \...- PART 1- GENERAL 1.01 DESCRIPTION OF WORK A. The extent of site concrete work is shown on the drawings. B. Site Concrete work includes, but is not limited to, the following: 1. Equipment slabs. 2. Clean up C. Provide materials, labor, equipment and services required to accomplish related work in accordance with the drawings and specifications. 1.03 SUBMITTALS: A. Shop Drawings required for all concrete equipment slabs. B. Material B certificates required for the following: Also, provide MPD and Samples as noted. '-"' 1. 2. 3. 4. 5. Granular Base Course 4000 psi Concrete Expansion Joint and Sealant: MPD Anti-Spalling Compound: MPD Abrasive Aggregate for Non-Slip Finish: MPD and Sample C. Tests required for: Concrete Mixes and Strengths (Refer to 1.5 below) 1.04 JOB CONDITIONS A. Do not install concrete work when the temperature of the outside air is below 40 degrees F. and falling unless suitable means acceptable to the Engineer are provided to protect work from cold and frost and ensure that mortar and concrete will cure without freezing. C. Comply with International Masonry Industry All-Weather council cold weather construction and protecting recommendations and American concrete Institute 304 "Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete." D. Construction Review: Notify the Engineer when walks, ramps and curbs and pads are formed and ready to receive concrete. '-' 02700-1 PART 2 - PRODUCTS '-" 2.01 ..... CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type lA. B. Aggregates: ASTM C 33, coarse aggregate crushed limestone maximum size one (1 ") inch. Fine aggregate clean, sharp, natural sand. C. Water: clean, drinkable. D. Air-Entraining Admixture: ASTM C 260, Darex or Engineer approved equal. E. Granular Base Course: As specified in Section 02100-2-1. F. Ready Mix Concrete: ASTM C 94. G. Welded Wire Mesh: Flat sheets of6 x 6 - W1.4 x W1.4 welded wire mesh for concrete walk-standard. Flat sheets of6 x 6-W2.0 x W2.0 welded wire mesh for concrete walk- heavy duty, ASTM A 185 for mesh. H. Reinforcing Bars: Shall be new deformed billet steel bars, free of rust and/or oxidation at time of use, conforming to ASTM A615, Grade 60. Reinforcing bars shall be bundled and tagged with grades and suitable identification markings shall be waterproof and shall not be removed until steel is placed. Bar supports, chairs, spacers, etc. shall be of suitable types and in accordance with ACI 315 and provide sufficient supports at close enough spacing so that the steel will carry the weight of the workmen and the fresh concrete without deformation from its specified location. 1. Forms: Either steel or wood, of size and strength to resist movement during concrete placement and to retain horizontal and vertical alignment until removal. Use forms that are straight and free of distortion and defects, extending the full depth of concrete. J. Minimum Concrete Strength: In compression, shall be 4000 psi at 28 days. Minimum cement content 6.5 bags/c.y., 4.0 gals./bag of cement; slump 1-1/2" to 3" provide air-entraining admixture 5 - 8-1/2%. Flexural strength - ASTM C 78 650 psi at 28 days. K. Anti-Spalling Compound: Standard of quality shall be Sealer No. 20 as manufactured by Sonneborne Silane Penetrating or Engineer approved equal. L. Curing Materials: Polyethylene. M. \...- Expansion Joints: For joints around curved elements, use premolded polyethylene, closed cell expansion joint filler. Sonoflex F as manufactured by Sonneborn or Engineer approved equal with bond breaker. For straight joints, use preformed asphalt impregnated fiberboard with bond breaker. Sealant shall be two component system-meeting requirements of Federal Specifications TT-S-00227E, Type 1, Class A, color to be gray. Standard of quality shall be Sonolastic paving joint sealant as manufactured by Sonneborn or Engineer approved equal. 02700-2 N. Abrasive Aggregate for Non-Slip Finish: Fused aluminum oxide grits, crushed emery with ornery aggregate containing not less than 40% aluminum oxide and not less than 25% ferric oxide; factory graded, packaged, rustproof and non-glazing. Standard of quality shall be Frictex H as manufactured by Sonneborn or Engineer approved equal. \.... PART 3 - EXECUTION 3.01 INSTALL CONCRETE PADS A. Surface Preparation: Remove loose material from the compacted sub grade surface immediately before placing concrete. " B. Proof-roll prepared subgrade surface to check for unstable areas and the need for additional compaction. Do not begin paving work until such conditions have been corrected, sub grade is compacted and ready to receive paving. C. Form Construction: Construct to required size and shape. Brace and secure to maintain alignment, elevation and position. D. Check completed formwork for grade and alignment. E. Provide reinforcing bars, sleeves, weeps and other appurtenances adequately supported and secured to prevent displacement. F. Concrete Placement: Do not place concrete until subgrade and forms have been checked for line and grade. Moisten granular base course as required to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they have been brought to the required finish grade and alignment. ~ G. Spread concrete as soon as it is deposited on the granular base course, using methods which prevent segregation of the mix, and with as little rehandling as possible. Consolidate concrete along the face of forms. Consolidate with care to prevent dislocation of reinforcing and joint materials. H. Provide Concrete Finishing: 1. Perform concrete finishing using machine or hand methods as required. 2. After striking off and consolidating concrete, smooth the surface by screening and floating. Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform texture. 3. After floating, test surface for trueness with a 10' straightedge. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous, smooth finish. \...- 4. Work edges of slabs and joints with a 1/8" radius-edging tool, two (2") wide, unless otherwise shown. 02700-3 5. After completion of floating and when excess moisture or surface sheen has disappeared, complete surface finishing, as follows: ~ 6. Broom finish, by drawing a medium hair broom across the concrete surface as detailed. Repeat operation when required to provide a medium texture acceptable to the Engineer. 7. For ramps, provide abrasive aggregate non-slip finish on the full width and length of the ramp. Work aggregate lightly into the top of the concrete surface as recommended by the manufacturer. 8. Curing: Cover concrete with polyethylene to protect and seal in moisture for seven (7) days. 3.02 CLEAN UP During the contract and at intervals as directed by the Owner and as concrete work is completed, clear the site of gravel, concrete, appurtenances and debris. Leave the site in a clean, safe, well draining, neat condition. END OF SECTION 02700 \..- '-" 02700-4 \.. SECTION 15484 - FUEL-OIL SYSTEMS PART 1 - GENERAL 1.1 SECTION REQUIREMENTS A. Fuel-Oil Piping Minimum Working-Pressure Rating: 150 psig (1035 kPa). B. Submittals: Product Data and Shop Drawings. C. Comply with ASME B31.9, "Building Services Piping," for fuel-oil plpmg materials, installation, testing, and inspecting. D. Comply with NFPA 30, "Flammable and Combustible Liquids Code," and with NFPA 31, "Installation of Oil Burning Equipment," for fuel-oil piping materials, components, installations, testing, and inspecting. E. Comply with requirements of the EP A and state DEC, CNYCRR and local environmental- protection authorities having jurisdiction. Include recording and registering of fuel-oil storage tanks with DEC. F. Warranties: Manufacturer's standard form in which manufacturer agrees to repair or replace components of fuel-oil storage and related equipment that fail in materials or workmanship. within the following warranty periods: ~. PART 2 - PRODUCTS 2.1 PIPE, TUBE, FITTINGS, AND SPECIALTIES A. Steel Pipe: ASTM A 53/A 53M, Schedule 40, plain ends with Class 150, threaded, malleable- iron fittings. B. Drawn Copper Tube: ASTM B 88, Type L (ASTM B 88M, Type B), water tube, drawn temper with streamline, wrought-copper fittings and brazed joints using BAg-l silver filler metal. C. Flexible Connectors: Comply with UL 567. Stainless-steel bellows with woven, flexible, bronze or stainless-steel wire-reinforcing protective jacket. Minimum operating-pressure rating of 150 psig (1034 kPa). D. Strainers: ASTM A 126, Class B, cast-iron body, Y-pattern, full size of connecting piping, CWP rating of 125 psig (860 kPa). Include 60-mesh startup strainer, and perforated stainless- steel basket. 2.2 VALVES ~ A. General Requirements for Metallic Manual Shutoff Valves: Comply with UL 842. 15484 - 1 1. CWP Rating: 250 psig (1720 kPa). '-" B. One-Piece, Bronze Ball Valve with Bronze Trim: MSS SP-II0. I. Body: Bronze, complying with ASTM B 584. 2. Ball: Chrome-plated brass. 3. Stem: Bronze; blowout proof. 4. Seats: Reinforced TFE; blowout proof. 5. Packing: Separate packnut with adjustable stem packing threaded ends. 6. Ends: Threaded, flared, or socket as indicated in "Valve Schedule" Article. 7. CWP Rating: 600 psig (4140 kPa). 8. Service: Suitable for fuel-oil service with "WaG" indicated on valve body. C. Two-Piece, Full-Port, Bronze Ball Valves with Bronze Trim: MSS SP-II0. 1. Body: Bronze, complying with ASTM B 584. 2. Ball: Chrome-plated bronze. 3. Stem: Bronze; blowout proof. 4. Seats: Reinforced TFE; blowout proof. 5. Packing: Threaded body packnut design with adjustable stem packing. 6. Ends: Threaded, flared, or socket as indicated in "Valve Schedule" Article. 7. CWP Rating: 600 psig (4140 kPa). 8. Service: Suitable for fuel-oil service with "WaG" indicated on valve body. D. Pressure Relief Valves: Comply with UL 842. Listed and labeled by an NRTL acceptable to authorities having jurisdiction for fuel-oil service. \.r E. Oil Safety Valves: Comply with UL 842. Listed and labeled by an NRTL acceptable to authorities having jurisdiction for fuel-oil service. 2.3 FUEL-OIL STORAGE TANKS A. CARNW A TH: Furnish a 190 gallon aboveground Highland Tank Fire-Hopper™ steel storage tank(s) with secondary containment for flammable and combustible liquid storage. The Inner tank shall measure 48 inches in diameter by 24 high. Tank shall be fabricated from mild carbon steel with flat-flanged bottom head, overhanging flanged and dished top head, and lap-welded shell. Sec- ondary containment shall be fabricated from mild carbon steel with a flat-flanged bottom head and larger diameter containment shell. All items included in tank unit shall be coated with red primer (paint optional: red, green, blue, yellow, or white; Note: Red is generally used for waste solvents and Blue is generally used for waste oil). The tank unit shall be manufactured in conformance with Underwriters Laboratories' UL-142 specifications for Closed Top Dike Aboveground Tank for Flammable and Combusti- ble Liquids and so labeled. Tank shall include as standard equipment: '-" · 12" x 16" clean-out port with 10" diameter quick-opening fill. · 2" quick connect with 2" steel drop tube for vacuum connect and clean out. 15484 - 2 . ~ . . . . . ~ B. . . . . . '-" . 2" x 8' vent pipe and 2" in and out breathing (normal) vent (specify a 2" flame arrester if storing waste thinner). 2" interstice inspection pipe and secondary containment pump-out. 4" or 6" emergency vent (depending on tank capacity in accordance with UL-142). 2" fitting for level gauge (gauge to be supplied by installer). 2" spare fitting with 2" cast iron threaded plug. Thread protectors shall be inserted in all threaded openings prior to shipment. Highland tanks are air tested at the factory but MUST be retested at the jobsite by the installer prior to installation. Options & Accessories: Exterior polyurethane paint - Color selected by owner Warranty: The subject tank is warranted by Highland Tank & Mfg. Co. to be free from defects in manu- facturing, workmanship and materials. Highland Tank will repair or replace, at its sole discre- tion F.O.B. factory, within a period of one year after date of shipment, any item of our manu- facture. All other items shall be warranted by their respective manufacturers. Liability here- under is limited, as stated above, and does not include labor, installation costs, indirect or con- sequential damages of any kind. Tanks must be returned to the factory and if found to be de- fective upon examination, will be repaired, replaced or credit will be issued at our option. HIGHWAY GARAGE: Furnish a 1,000 gallon aboveground Highland Tank Fire-Hopper™ steel storage tank(s) with secondary containment for flammable and combustible liquid storage. The Inner tank shall measure 120 inches in diameter by 21 high. Tank shall be fabricated from mild carbon steel with flat-flanged bottom head, overhanging flanged and dished top head, and lap-welded shell. Secondary containment shall be fabricated from mild carbon steel with a flat-flanged bottom head and larger diameter containment shell. All items included in tank unit shall be coated with red primer (paint optional: red, green, blue, yellow, or white; Note: Red is generally used for waste solvents and Blue is generally used for waste oil). The tank unit shall be manufactured in conformance with Underwriters Laborato- ries' UL-142 specifications for Closed Top Dike Aboveground Tank for Flammable and Com- bustible Liquids and so labeled. Tank shall include as standard equipment: 12" X 16" clean-out port with 10" diameter quick-opening fill. 2" quick connect with 2" steel drop tube for vacuum connect and clean out. 2" x 8' vent pipe and 2" in and out breathing (normal) vent (specify a 2" flame arrester if storing waste thinner). 2" interstice inspection pipe and secondary containment pump-out. 4" or 6" emergency vent (depending on tank capacity in accordance with UL-142). 2" fitting for level gauge (gauge to be supplied by installer). 15484 - 3 ~ · 2" spare fitting with 2" cast iron threaded plug. . Thread protectors shall be inserted in all threaded openings prior to shipment. Highland tanks are air tested at the factory but MUST be retested at the jobsite by the installer prior to installation. Options & Accessories: Exterior polyurethane paint - Color selected by owner Warranty: The subject tank is warranted by Highland Tank & Mfg. Co. to be free from defects in manu- facturing, workmanship and materials. Highland Tank will repair or replace, at its sole discre- tion F.O.B. factory, within a period of one year after date of shipment, any item of our manu- facture. All other items shall be warranted by their respective manufacturers. Liability here- under is limited, as stated above, and does not include labor, installation costs, indirect or con- sequential damages of any kind. Tanks must be returned to the factory and if found to be de- fective upon examination, will be repaired, replaced or credit will be issued at our option. 2.4 FUEL-OIL STORAGE TANK FITTINGS AND ACCESSORIES A. Threaded pipe connection fittings on tanks, for fill, supply, return, vent, and sounding. '-' B. Striker Plates: Inside tank, on bottom below fill, sounding, and other tube openings. C. Supply Tube: Extension of supply piping fitting into tank, terminating 6 inches (150 mm) above tank bottom and cut at a 45-degree angle (1: 1 slope). D. Sounding Tube: Extension of fitting into tank, terminating 6 inches (150 mm) above tank bottom and cut at a 45-degree angle (1: 1 slope). E. Containment Sumps: SEE DRAWINGS. 2.5 FUEL-OIL STORAGE TANK PIPING SPECIALTIES A. Fittings: SEE DRAWINGS. B. Check Valves, and Overfill Check Valves: Bronze or corrosion-resistant metal components. C. Foot Valves and Antisiphon Valves: Poppet-type, bronze or corrosion-resistant metal components. D. Weatherproof Vent Cap: Increaser fitting with corrosion-resistant wire screen, with free area at least equal to cross-sectional area of connecting pipe and threaded-end connection. \..- 15484 - 4 '-'" \..." '-' PART 3 - EXECUTION 3.1 OUTDOOR PIPING INSTALLATION A. Steel Piping with Protective Coating: Apply joint cover kits to pipe after joining to cover, seal, and protect joints. B. Install metal pipes and tubes, fittings, valves, and flexible connectors at piping connections to fuel-oil storage tanks. C. Install wall penetration system at each service pipe penetration through foundation wall. Make installation watertight. 3.2 INDOOR PIPING INST ALLA TION A. Install piping in concealed locations unless otherwise indicated and except in equipment rooms and service areas. B. Install piping free of sags and bends and install fittings for changes in direction and branch connections. C. Prohibited Locations: 1. Do not install fuel-oil piping in or through air ducts, clothes or trash chutes, chimneys or gas vents (flues), ventilating ducts, or dumbwaiter or elevator shafts. Do not install piping fuel-oil piping in solid walls or partitions. 2. D. Use eccentric reducer fittings to make reductions in pipe sizes. Install fittings with level side down. E. Install unions in pipes NPS 2 (DN 50) and smaller at final connection to each piece of equipment, and elsewhere as indicated. Unions are not required on flanged devices. F. Do not use fuel-oil piping as grounding electrode. G. Install strainer on inlet side of control valves, pressure-reducing valves, fuel-oil pumps, and oil burner connections. H. Install pressure gage(s) at the following locations: 1. At suction and discharge piping of each fuel-oil pump. 2. Inlet and outlet side of strainers. I. Install valves in accessible locations, protected from damage. Tag valves with metal tag indicating service. Attach tag to valve with metal chain. J. Install two-piece, full-port ball valves on branch connections to fuel-oil appliance. K. Install two-piece, full-port ball valves at branch connections to supply mains and at equipment. 15484 - 5 L. '-" M. N. O. P. Q. ~ Install oil safety valves at inlet of each oil-fired appliance. Install pressure relief valves in the distribution piping between the supply and return lines. Install one-piece ball valve with hose end connection at low points in fuel-oil piping. Install manual air vents at high points in fuel-oil piping. Install piping adjacent to equipment to allow service and maintenance. Threaded Joints: Thread pipe with tapered pipe threads according to ASME B1.20.1. Cut threads full and clean using sharp dies. Ream threaded pipe ends to remove burrs and restore full ID. Join pipe fittings and valves as follows: 1. Apply appropriate tape or thread compound to external pipe threads unless dry seal threading is specified. 2. Damaged Threads: Do not use pipe or pipe fittings with threads that are corroded or damaged. Do not use pipe sections that have cracked or open welds. R. Brazed Joints: Construct joints according to A WS's "Brazing Handbook," "Pipe and Tube" Chapter. S. Flanged Joints: Install gasket material, size, type, and thickness for service application. Install gasket concentrically positioned. T. Flared Joints: Comply with SAE J513. Tighten finger tight then using wrench according to fitting manufacturer's written recommendations. U. Connect piping to equipment with two-piece, full-port ball valve and union. Install union between valve and equipment. V. Install flexible piping connectors at final connection to generator. W. Install hangers or pipe stanchion supports for horizontal steel plpmg with the following maximum spacing and minimum rod sizes: 1. NPS 1-1/4 (DN 32) and Smaller: Maximum span, 84 inches (2134 mm); minimum rod size, 3/8 inch (10 mm). 2. NPS 1-1/2 (DN 40): Maximum span, 108 inches (2743 mm); minimum rod size, 3/8 inch (10 mm). 3. NPS 2 (DN 50): Maximum span, 10 feet (3 m); minimum rod size, 3/8 inch (10 mm). X. Install hangers or pipe stanchion supports for horizontal drawn-temper copper tubing with the following maximum spacing and minimum rod sizes: \.,. 1. NPS 3/4 (DN 20) and Smaller: Maximum span, 60 inches (1524 mm); minimum rod size, 3/8 inch (10 mm). NPS 1 (DN 25): Maximum span, 72 inches (1828 mm); minimum rod size, 3/8 inch (10 mm). NPS 1-1/4 (DN 32): Maximum span, 84 inches (2134 mm); minimum rod size, 3/8 inch (10 mm). 2. 3. 15484 - 6 '-' \.- \... y. 3.3 A. B. C. 3.4 A. B. 4. NPS 1-1/2 and NPS 2 (DN 40 and DN 50): Maximum span, 96 inches (2438 mm); minimum rod size, 3/8 inch (10 mm). NPS 2-1/2 (DN 65): Maximum span, 108 inches (2743 mm); minimum rod size, 1/2 inch (13 mm). 5. Support vertical piping at each floor and at spacing not greater than 10 feet (3 m). FUEL-OIL STORAGE TANK INSTALLATION Install tank bases and supports and set tanks on bases and supports. Install fuel-oil storage tanks according to STI R912. Install piping connections, vent fittings, and ground connections. Fill storage tanks with fuel-oil. TESTING AND ADJUSTING Perform pressure test for tightness according to NFP A 31 on tanks before installation. Repair or replace defective tanks and retest until there are no leaks. Test fuel-oil distribution piping according to NFP A 31. Remake leaks and defects with new materials and retest until there are no leaks. c. Adjust controls and safety devices. Replace damaged and malfunctioning controls and safety devices. END OF SECTION 15484 15484-7