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DeGarmo Hills Rd-Culvert Replacement VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (845) 298-2000 GERALD A.VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER e-mail:law@VSREcoin AMY E,WOODARD ALBERT P.ROBERTS KRISTEN S.GUTHRIE IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFUICE JOAN F.GARRETT" 276 MAIN MALI_ THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 MARIA J.GRECO (845)452-]046 PHILIP GIAMPORTONE ADDRESS KEPI Y TO:( )POIJORKEEPSIL 'ADMITTED TO PRACTICE O WAPPINC,F,RS IN NY&PLA. *"`ADMITTED TO PRACTICE IN NY&CONN. VIA HAND DELIVERY July 18, 2001 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Constance O. Smith, Supervisor Re: DeGarmo Hills Road - Culvert Replacement File No. 12951.0358 Dear Connie: I enclose herewith the following original documents which I hereby approve as to form: 1. St. Paul Fire and Marine Insurance Company Performance Bond, identified as Bond No. SD8742 in favor of the Town of Wappinger and issued on behalf of the Contractor,Neuss Construction, Inc. in the face amount of$149,875; and 2. Acord Certificate of Liability Insurance insured through Bruen Deldin DiDio on behalf of Neuss Construction, Inc. insured in favor of the Town of Wappinger as Certificate Holder. The certificates are in the minimum amounts required by the Town of Wappinger. After the Contract signing, the original of these documents should be delivered to Town Clerk, Gloria Morse. Page 2 The Payment Bond in favor of the Town of Wappinger and issued on behalf of the Contractor,Neuss Construction, Inc. will be hand delivered by the Contractor on Wednesday, July 18, 2001 at the time of the Contract signing. I also enclose herewith a copy of the Annual Statement for the year ended December 31, 2000 for the St. Paul Fire and Marine Insurance Company, which was also forwarded with the above original documents. Very truly yours, VERGILIS, STENGER, ROBERTS &PERGAMENT A BERP. ROBERTS APR/bg Cc w/o enc: Hon. Gloria.Morse Joseph E. Paggi, Jr.,P.E. Hon. Robert L. Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) O:IWAPPINCWTown Board\DeGarmo-HaaslApproveLtr.doe THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. SD8742 AIA Document M12 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Neuss Construction,Inc. St.Paul Fire and Marine Insurance Company 230 North Plank Road 5786 Widewaters Parkway Newburgh,NY 12550 DeWitt,NY 13214 OWNER (Name and Address): Town of Wappinger' Town Hall-20 Middlebush Road Wappinger Falls,NY 1,2590 CONSTRUCTION CONTRACT Date: Amount: *":One hundred forty nine thousand eight hundred seventy five & no/100**($149,875.00)11 Description (Name and Location): BOND DeGarmo Hills Road - Culvert Replacement Date (Not earlier than Construction Contract Date): Amount: ','*One hundred forty nine thousand eight hundred seventy five & no/100"($149,875.00)" Modifications to this Bond" 14 None 0 See Page 3 CONTRACTOR AS PRI I' AL SAJR-ETY Company: truZ (Corporate Seal) Compan-y,, (C r orate Seal) eti Neuss Constructi In ��Aul Fire and. ran e mpany St. Fi S,gnat r Signature: nat ir.�' Name and Title5ara affeO Attorney-in-Fact Name and Tit R(A, -)h W. (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer rjr Bruen Deldin Didio Associates other party): 621 Clock Tower's Commons Brewster, NY 10509 845-279-5151 AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED..AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-IN4 I THIRD PRINTING*MARCH 1487 I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notifythe 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If'there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner, If the Surety proceeds as Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor provided to Subparagraph 4.4,and the Owner refuses the requested and attempted to arrange a payment tendered or the Surety has denied liability, in Default and has re q p g whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construe- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default;and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under the Construction Contract.To the limit of the the contract. Such Contractor Default shall not be de-complete amount of this.Bond, but subject to commitment by the dared earlier than twenty days after the Contractor and Owner of the Balance of the Contract Price to mitigation of y costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Con st ruc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and.re- 4 When the Owner has satisfied the conditions of Para- suiting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- 4.1 ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construe- obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avail- AIA DOCUMNENr A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 19B4 ED.-AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-19M 2 THIRD PRINTING•MARCH 1967 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 18 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled,.re- be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12-2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default:Failure of the Owner,which has 12.1 Balance of the Contract Price:The total amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature- Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED. -AIA 0 THE AMERICAN IN5TITUTE Of ARCHITECTS,1735 NEW YORK AVE„N.W..WASHINGTON,D.C.20006 A312-19H 3 THIRD PRINTING-MARCH 1997 ... ................. i""111e,%PdU1 POWER OF ArrORNEY Seaboard Surety Company Unitred States Fidelity and Gimi�anty Company St.Paull Fire and Marine Insurance Cminpany Fidelity and Guaranty Insurance Company St.P,,lut Guardian Insurance Company Fidelityand Guaranty Insurance Underwritees,lite, St.Pault Mercury Insurance Company Power ol'Attco-ncy No. 21.554 Cer-tificate No. KNOW ALL MEN BY THESE PRI.,'SEINTS:Thor Scaboald Solely Company is a oorpomhon duly orgallizCd LURICY the 1,1"'S of Hic Smic of New York,and (hat St.Pa--Hili RIV MId NILWilIC 111SUI-WICC COTTAIM11y,St.PI1011 Gital(han 11ISfIrallce Company and Si,Paill Mciculy IIISLINUICC COUIPMly aICCOi`l1orali00s(hT1V0t-1'alIi7cd illiffer the laws of'llie Smfe o1'Nhnnvsohf-md that Unifed StaEcs Fidrdily and Guaranty Compall) is acol-poration dilly m g',af)i/,Cd ander the laws of`the State.of Niaryland,and that Fidefity and GWW�11)fy hlsurafice Company is to cm-poration daily ot-ailiYed under the kk%vs of the State of' Iowa, and that Fidelity and Guaranty 111S6IMICC Underwriters,file, is a corpora lion duly organized under the laws ot'dic State of Wisconsin Ou'voill rflectivelY mfled die' MId that rhC COYI-111aTliCs do I hereby make,C(Aslitfflc and appoint Jeffrey P.Deldin, Serafino Didio and Sara G.Maffec, Brewster New York of tile City Of'_ State .. ................................... their tame and lawful Attorney(s)-in-Fact. .................... each in their separate capacity if'Inore thall orae is roamed above,to Sign its liante as surety to,and to execule,scal and acknowledge any and.all 1101idS,Undertakings, contracts aT]Lf OIhCl- Wl'ilt(211 iTISU'LlillelftS ill the FlatUl'C thereof on behalf of("the CompanicS in their I)LISitCSS of the ficichly of persons.guarat-iltc6ug the Pei ron"ImIce of'contracts and execulin"of'gual"Inteeing bonds amd imchn-lak hog:S required Or pennittul in any aCtiOlIS 01-Pl-oCeeC1'r117',S�llloNVCCi by IN WITNEISS WHEREOF,dw,Compiloes have cmisc(l this illsomilent to he signed and scaled this 3rd day of, February 2000 Seaboar-d Surety Company United States Fidelity v and Cufalf-anty Company SL Paid Fire rand Mnsm- arine Iance Con-1pany -a Fidelity and Gum Insueance Company St.P111.11 G11,11-di,111 InSUf-fU1CQ C'01111)WIV Fidelity and Guaranty Insurance Underwriters,Inc. St.I'Mil Mercury Insurance Company kql C��YA)VO ly 19 DD7N7 8 I011N 1,,11HINNEY,Vlc��President I A Y,A L-Q� a AM6 Af Staic of N4auylalld City ol,13ffltInxmc MICt I AFL It.VICK 11313f N,Asnistai it Secrefmy 01) fhis 3rd clay of February 2000 hefore file, the ull&rsi-ficd ollicor, pusonally appeared John F. Philiney arld Michael R.McKibhen,who acknowicciged themselves to he the Vice President and Assislant Secretary,tespectively,of"Scaboard Surety Compally,St. 11:11,11 Fire aful Marine histilance Company.sl.Paul citiardiall insurance C.ompany,St.Pat[] Mercury filsurance Comparly,United States Fidefity and Guaranty Compary.Fidelity alid GLUITUTIty Insurmice Company. 111(f FidClitV Mid GLI:WflillY Insurance I'tliderwrilers.hic.:and that file scall affixed to rile lolepirp illstrumclit are the Corporate scads of, said(1'10111))Lillil-s; aurid that (I)Cy.<IS such.hejfl�'-' al-ltlwriz(�d SO to do,cXeLl-ItCd the illskrUMCIfl fOf-the 111IT-I)OSCS 01CT-cm containod by signing file names of`the corporations by themselves LIS(1111y authorized officers. E E A,94 AA4 0;14t� N07 In Witness Whereof',I heremilo Set my hsind and official"'cal. Po l; 0- q%, r�i '84/C ivi),Corm-nission expire6 the 1311 duy of'July,2002. ,9,F cil I P111FCCA PAS1,1NONOKALA,Noqa6) Public 86203 Rev. 11-99 Printed in U.S.A. ........................ .................... 1 PERFORMANCE BOND FORM PROTECT: CUO ].VERT REPLACEMENT TOWN OF WAPPINGER ,()NSTRUCTIO}V CONTRACT No.: 98-043(59) NAME OF CON'T'RACT: DEGARMO H LLS ROAD CULVERT REPLACEMENT NAME OF CON'T'RACTOR: Neuss Construction Inc. ADDRESS: 230 North Plank Road,Newburgh,NY 12550 BONDING COWANY OR PERSON ISSUING SECURITY BOND: St.Paul Fire and Marine Insurance Company,5786 Widewaters Parkway,DeWitt, NY. 13214 BONDING COIV,PANY AGENT: Sara G.Maffeo n ADDRESS: c/o Bruen,Deldin,DiDio Associates,Inc.,621 Clocktower Commons, Brewster,NY 10509 TELEPHONE NO.:845-279-5151 AMOUNT OF BOND: $149,875.00 - DURATION OF BOND: FROM Contract Date to I year after completion 'OENTIFICATIPN NUMBER Of BOND: SD8742 B-5 State of SS. County of " Ort this day of before isle personally lam* c to me known,91 It:11 and known to me to tae the individual described in and who executed the foregoing instrument,and acknowledged to me that he executed the same. H my commission expires __ — -— --- Public ——— State of is. County of Q b i Oa this _day of^ „before me parsonsitty came is E g -- - _- _ -__to me known and known to ryit to be a member of the firm of described Irk and who executed the foregoing inttrument, and he thereupon acltnowiedged to me that he executed the same as and for this act and deed of said firm. My commission expires Notary Public State of SS. ',b County of f]!'� b On this- day of 26) before me personally came b tri q , a ty to me known, o s � d z i who being by me duty in.did depose and say that he is the ,,- a 70-4�-c-IMOC-mmD -1 the corporation described in and which executed the above instrurnent;that he knows the seal of said corporation:that the seat affixed to said instrument is such corporate seat;that it was to affixed by order of the Board of Directors of said corporation,and that he signed his name thereto by like order, SANDRA A.MLLIAMS ubuin, Suft t?f N ►^r "Of#t My commission expires_ 3 � 147W4 9 ___--_-______-- ------ -----r------- _- w------_.--_ - Notar�d�A �:A4 state of NY r Gommisalon Expllrtgs 1013 t b I Gounty aF PUTNAM ss. O On this 15th day of June '2001 , Before me personally came rA d Sara G. Maffeoyam, to me known,who,being by ma duty sworn,did depose and say that he k an attorney-in-fact ofST. PAUL FIRE AND MARINE_INSURANCE COMPANY the corporation described in and which executed the within instrument:that he knows the corporate seal of said corporation;that the self alfixed to the within instrument is such corporate seal, and that he signad the saidinsttument and affixed the said seal as Attorney4st-5 met by authority of the Board of Directors of said corporation and by authority of this a under the Slandin Resolutions thereof. My commission expires f Na ry Public RM 1 PATRICIA E.TERFIY#4904499 Notary Public,State of Now York Qualified in Putnam County My Commission Expires 9V29-2 ACORP. CERTIFICATE OF LIABILITY INSURANC�, CSR PC DATF-(MMIDDIYY) TTSS-1 06/15/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bruen Deldin DiDio NY Branch HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 621 Clock Tower Commons Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Brewster NY 10509 Phone: 845-279-5151 Fax:845-279-8482 INSURERS AFFORDING COVERAGE INSURED INSURER A CNA Insurance Company INSURER B: The First Rehabilitation Life Neuss Construction Inc. INSURFR C: 230 North Plank Road INSURER D: Newburgh NY 12550 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR POLICYEFFECTIVE LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMfDD/YY) DATE(MMJDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000, OcIo A X COMMERCIAL GENE RAL LIAB J_7Y 001077984609 06/01/01 06/01/02 FIRE DAMAGE(Any one lire) 50,000 ---------—] CLAIMS MADE F-xl OCCUR MED EXP(Any one person) 5 5, 000 _................. X Employee Benefits PERSONAL&ADV INJURY S 1, 000, 000 GENERAL AGGREGATE S 2, 000,000 GENT AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMPrOPAGG S 2,0 0 0, D 0 0 PRO- POLICY 17 JFCT r7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO 1077978597 06/01/01 06/01/02 (Ea accident) $ 11000, 000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) ----------- PROPERTY DAMAGE 1 (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE S CLAIMS MADE OCCUR AGGREGATE S S DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY --- A WC2022700316 06/01/01 06/01/02 E.L.EACH ACCIDENT 5100000 E.L.DISEASE-EA EMPLOYEE $ 100000 F1,DISEASE-POLICY LIMIT S 5 0 0 0 0 0 OTHER B NYS Disability DBL95228 01/13/01 01/13/02 Statutory Benefits DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESfEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Degarmo Hillo Road, Culvert Replacement. Additional Insured - Town of Wapp,inger CERTIFICATE HOLDER Y � ADDITIONAL INSU RED;INSURER LETTER: A CANCELLATION WAPPI-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN The Town of Wappinger NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Dutchess County New York IMPOSE NO OBLIGATION OR LIABILITY OF ANY-KIND UPON THE INSURER,ITS AGENTS OR 20 Middle Bush Road Wappingers Falls NY 12590 REPRESENTATIVES. AUTHORIZED REPRESENtATIVE 0 J e r o D i D i ACORD 25-S (7197) -1ZACORD CORPORATION 1988 lliilllillllilll111111111l1i114IIIIilll1I1111illlllailll0I111l111lllillfililllilll111i111111i1111Ui11{til PROPERTY AND CASUALTY COMPANIES—ASSOCIATION rDITION ANNUAL STATEMENT FOR THE YEAR ENDED DECEMBER 31, 2000 OF THE CONDITION AND AFFAIRS OF THE ST. PAUL FIRE AND MARINE INSURANCE COMPANY NAiC Group Code 0164 0164 NAIC Company Code 24767 Employer's ID Number 41-0406690 tcur.ent variod) l�i�venal) Organized under the Laws of the State of Minnesota using as the Port of Entry, Incorporated 0411811925 Commenced Business 04118/1925 Slaluto(y Herne Office 385 Washington Street Sl,Paul,MN 55102 end r4—..) (city«Town,sate and Zip coda) Main Administrative Office 385 Washington Street (54eet and Nwnbe,) St.Paul,MN 55102 651-3107911 (Chy or Town,Slits and Zip CdO (sea code)(Telephone Namt,er) Maii Address 385 Washington Street St,Paui,MN 55102 (Sweat and Number Sox) (c',ry or Yawn.State and Zip Cud.) Primary Location of Socks and Records 385 Washington Street - . (street ane Na be,) St.Paul,MN 55102 651-310-7911 (G y w Town,State and Zip Con.) (Mea Coda)iT.i.phone Nu her) Annual Statement Contact Paul Munson 551-310-8733 (Na say (Area Codel(Telephone Nth W(EA.Pdan) oaul.munson(c�stpaul.ccm 651-310-7334 (E-ma+Address) (FAC Numuer) OFFICERS*' m DOUGLAS WEST LEATHERoALE.Chairman,CEO&President # THOMAS ARTHUR ARNO1i Sr,Vice Presiuo..: MICHAEL JAMES CONROY Executive Vice President&CAO # BRUCE ALLEN BACKBERG,Sr.Vice President&Coro.Secrelary STEPHEN WRIGHT LILIENTHAL,Executive Vice President THOMAS ANLIREW BRADLEY,Sr.Vice President MARK LINOELL PABST,Executive Vice President MARYELLEN CASTRO,Sr.Vice President PAUL JAMES LIS't(A,Fxecutive Vice President&CFO JAMES FRANCIS DUFFY,Sr,Vice President TIMOTHY RICHARD MORSE,Sr.Vice Pres.&Pres„Medical Services KAREN LANGLAND HIMLE,Sr.Vice President JOHN ALEXANDER MACCOLL,Exec.Vice Pres.&General Counsel WAYNE LOUIS HOESCHEN,Sr.Vice President JOHN CHARLES TR6ACY,Vice President and Controller STEPHEN JAMES KLINGEL,Sr.Vice President LEE LARKIN BENNETT,Sr.Vice President&Claim Generai Counsek R03ERT JULE LAMENOOLA,Sr.Vice President ft DAVID ROGER NACHBAR,Executive Vice President JAMES RAY LEWIS,Sr.Vice President TIMOTHY MICHAEL MILLER,Sr.Vice President KEV{N MALCOLM NISH,Sr.Vice President '':aJAL,a 1,L'__U11 `.-.'r.Vice President&Ghiet Risk Officer EDWARD GAYLORD?ENOERGAST.Sr.Vire President Y THOMAS EDWARD BERGMANN,Vice President and Treasurer KENT DOUGLAS URNESS,Sr.Vice President JOHN HENRY SAUER.Assistant Vice President MICHAEL ROLAND WRIGHT,Sr.Vice President JAMES COWAN ADAMS,Sr.Vice President PAUL EDWARD WULTERKENS,Vice President y BRYAN VERNON ANDERSON,Sr.Vice President MARITA ZURAITIS,Sr.Vice President DIRECTORS" MICHAEL JAMES CONROY STEPHEN WRIGHT LILIENTHAL TIMOTHY MICHAEL MILLER 9 ROBERT JULE LAMENDOLA PAUL JAMES LISKA KENT DOUGLAS URNESS DOUGLAS WEST LE TPE'DALE 0 JOHN ALEXANDER MACCOLL Slate of.._..........................Minnesota...,_..__....................,... ss County Of.............. ..........Ramsey,......,,,,..... ....... ,... The officers of this company,being duly swum,each depose and say that they are the described officers of the said insurer,and that on the thirty-first day of December last,all of the herein described assets were the absolute property of the said Insurer,free and clear from any liens or claims thereon, except as herein staled,and that this annual statement,together with related exhibits,schedules and explanations therein contained,annexed or referred to are a toil and true statement of all the assets and hablilties and of the condition and affairs of the said insurer as of the thirty-first day of December last, and of its income and deductions therefrom for the year ended on that date,and have been completed in accordance with the NAIC annual statement Instructions and accounting practices and procedures manuals except to the extent that:(f)state law may differ;or,(2)that state rules or regulations require differences in reporting not related to acceunling practices and procedures, according to the best of their information, knowledge and be€lef, respectively. JOHN HENRY SAUER BRUCE ALLEN JO N CHARLES'rREACY Assistant Vice President Sr.Vice President&Corp.Secretary Vice President&Contcoiler' a.Is this an original filing? Yes f;A I No Subscribed and swum to before me this b.If no, 12 day of February,2001 1.Stale the amendment number 2,Date filed 3.Number of pages attached Le Y Y dlable pMgelyfi.aeefOLe N m1ee�1011 OMLe MK n.1dd Person having charge of rhe accounts and finances of rhe inswer. "Show full name(Inivals.not acceptablef and indicate by number sign(9)those officers and directors who did not occupy the indicated position In the previous statement. ANNUAL STATEMENT FOR THE YEAR 2000 OF THE ST.PAUL FIRE AND MARINE INSURANCE COMPANY ASSETS Current Year Prof Year 23 4 5 Ledger Non-Ledger Assets Not Net Admitted Assets Nei AdmWed Assets Assets Admitted tCols 1 t 2-31 Assets 1. Bonds(less$ ,....... )liability for asset transfers with put options,Schedule 0,Part _ .............................................. 360,908,209 1)........................................................I.................,,.................6,741,117,250 ........6,316,517 60,73,9 8.734,87. 2, Stocks: 2.1 Preferred stocks(Schedule 0,Part y 306M I)— .,............26,120.335 .,,...._.,,...,17,535.229 2,2 C unman stocks(Schedule D,Part 2, Section 2)...................................................................................3,508.534,615 .,._.,..,.1,039,507,919 ...................................... ......,....4.648,042,53" ...........4,530,813,397 3. Mortgage bans on real estate(Schedule 8): 3.1 First lens................... ......_.--.........., .........,,.,....... _„...................... . 7,2 Other than Rni Uens............................_................ .,.............. ........... ......................... ..........,.........,... ... 4. Reai estate:(Schedule A): 4.1 Propemes occupied by the company (less$ ...................1,340,000 encumbrances).....,.........,......127.228,995 .................,................— ..............---...........,.... ...........x.._127,228,995 530,751,01J 4?Other properties oesss ....................1,824,162 encumbrances)-..................585,072,877 ...........,....(5,000,%0) .........................,.,,........ 072 377 ..,,...._,._...567,980,119 6,119 Schedule E. r Part 1)and shoe-term investments .437,833,t40 Schedule 0A,Part 1 ..._................"37,839,259 5, Other invested assets(Schedule 2A).................. ....... .91S.It0.841 168,060 ......... .. ..,...... 637 ,.�.�'�...............................� ...........1.323,174,573 ..............934,u68,ii20 7. Raceivableforsecurities............................................. ................53,590,110 ..........,.........,........_...... .... . _ .........,..53,590;10 ..,.............,35.349,217 8. Aggregate write-Ins for invested assets..................... 9. Sub(cols,cashand Invested assets(LInes1toe).... .........I2,$28,175,456 ...........t,:01,C56,798 ............,.,.,..6,316,517 ..........13.930,925.727 .......144.C65.489,703 10. Agents'balances or uncollected premiums(ney as m commisswns and dividends): 10.1 Premiums and agents'balances in course of caAecuon latter deeucl ceded rainauranca balances payable of ...............250,278,990 ) ....._,.......430,067,654 .._......................._,........ ............,....38,227,506 ,.......,......391,844,1;9 ....,........_392,587,288 10.2 Premiums,agents'balances and installments booked but deferred and not yet due(atter deducting ceded relnsurance balances payable of 5 ........................................)pnctuding S ........................................earned but unbilled premiums).....................................................................................726,438,094 ......... ................. ,.,.....,..........6,600,686 10.3 Accrued retrospective premiums(after deducting ceded reinsurance balances payable of S ,....,...............__.40,000 ) I...,,,............,...,...............460;000 .......................46,000 414.0L'O _..._..,,..,,....,418500 p ed with reinsured F - .... ,,,,, ,,,,,,,,,,,,,__69,915.581 -70,860,437 11. Fucomnds hariies.eld by or deposit .............................�..............,......,,........,9,915.967 .......,.........,..-....._ ....................,.......... ......,,....... Q. Bills raceNable,taken for premiums............. ,...........................................,.,,,.......,.......-.......... -..,..............,...,...............................----..,........,... ........,......,.............- -, 13. Reinsurance recoverables on loss and loss adjustment expense payments(Sell F,Part _ , 3.Cols.2 and 3).......................................................................123 640 964 ....................... .............. 123,l ....,,......,,_,_�7-84 140 14. Federal Income tax recoverable and interest thereoM1 ...................................... ..... ,..................,...........,..... ......... ............,...........,...... ,,...,...,..,...�......�. 14A. Guaranty funds receivable or andeposit..................... ..................4,831,048 ............................................,,_....4,531.048 ...................5,490,800 15. Elactrooicda(sprocesstnge"ipmenl..........................................20.727,523 .,.......,.,..........,_._.,._._..,. ....,,,...............................................-29,727.523 .........,.......28,598,201 15. Interest,dividends and real estate income due and... accrued................................................. .......................................................................i 22,253,901 ............,......,.,.....,......... ...............122,253,901 13 5,392 968 17, Isom parent. 10, Eeuitleaandda ositsinpoosld deasasocial......�.................'.46,426,0$48 .....,..,,....._�.................... ..................1..............,.. ..........,,...117,852.028 .,,.......,...'--._..........540 - v pa P .................... 856,891 ...........,,,.-.41.569,953 -.�..d7,9I9,S40 19, ,$mounts(ecarvahle ralaung to uninsured accident and health plans.......................... . ...................,,..........,,,.......,_.,........... ..,.......,...................,...............,........................... ..._...........,..........-,_.._.,, .,.,,......,.......,.....,,..... ,... 20. 22 Aggregate hrot other Wets. .......... 34,393,448,42 1.523.780 669 310,258,550 .................33,169.491, ..:.. ......5-8..... ��..... 315. ..................... h 211 99 e9 � � .779 315 9 441,966,619 15 G29.802 482 1.,457.984.473 DETAILS OF WRITE-INS 0801 ......... .........._..._. .........................., _,,............,........,,.......... ._.,...,,,.,,...... .... ....- ..... ....,,. ___-.,_.....,.....,. 0802. ................................_._...........,..........—...................,.,-..., .._.,,,_......,,..................... .....,.........,,,...... ..... .......,,...._.._,...,.....,......_ 0803 ....................................................................................... .................................._.........,,.......,...............-.... .,..-.............,..,,.............. ...........,.-...--.,....,,,.......... ......,,.-.__.._................ 0898, Summary of remaining write-ins for Line 8 lrom overflowpage....._.................. ................. .........,............,............. .....,...........-........_........... .........................-.,---...,,, ....,..........,,..,.....,.....,,-. 0889. Totals Lines 0801 thru 0803 lus 0898) ( p Une 8 above 21o2. O(f:er assets................. ...........................................................260,064,700 ...........................,......... ..,.,..........260,064,300 ................._......,,........ ...,..........,........ .,,....:,.... 2107. Prepaid pension expense. . .... .... '.... .................51,385,281 .... .........,....... .....,...........42,240,078 ,.,..........,....4,145,207 ...........,.4,117,382 2103. Other receivables-........................ '-................ .......... ....2,782,471 ..............................,...... .......,,,............................ ..............,,,78,732.971 .................28498.985 -'A—peg e.............. s for Lina 21 from 2198. Summary offregmainingwrits-4tun........................................ ...............,d3.215.992 ......_...._..,..................,., ...................7,954,172 .......,.,.......35261.820 ......_....,_..75,762,449 2199. Totals(Lines 2101 thm 2103 plus 2198)(kine 21 above 783,448,544 710,258,550 83,189,594 178,374.316 2 ANNUAL STATEMENT FOR THE YEAR 2000 OF THE ST,PAUL FIRE AND MARINE INSURANCE COMPANY LIABILITIES, SURPLUS AND OTHER FUNDS 1 2 Current Year Prier Year 1. Losses(Part3A.Lino 32,Column 5)....................... .........,............,......,....,.,...................................:.... ...........5,765.351,748 ......,....6.385,17F,184 1A. Reinsurance payabis on paid lass and loss adjustment expenses(Schedule F.Part 1.Column 2)......................,........,.............................44,414,839 ........,......,.27.679,770 2. Loss adustment.ex enses Part 3A,Line 32,Column 6) ................................ ..............................,..-..............................1.481,250,376 ...........1,4&3,836,071 ]. Contlngent cornmissVons and odter simian charges......... �.......... ...................................................................,........................_ .................38,583.=44 4, Other expensas(excluding taxes,lkansas and less)..._............................:......................................................._..............._............................138.907,115 .........�.....149,451,069 5. Taxes,lkenses and fees(excluding federal and foreign income taxes) ...........:................................ ....41,858,989 343,09b 6. Federal and foreign income taxes(excluding deferred taxes)..............................._..,.................,.....,...........,......,.......-............................,......40,356,08& --,............268,546,786 T. 8orrowod mono . ..............................................�......_,.....�.--... ...,.,.....,,.... S. Interest,Including 5 .. ,w borrowed money.................... .......,........,............. ......,,.....,..,..................... 9. Unearned premiums(Part 2A,Line 34,Column 5) (after deducting ceded reinsurance untamed premiums of s ................536,897,229 ) .........................,,..,....,,,:....._,............-........ 1 10, OiAdends declared and unpaid: a.Sjo<khiddarS.......................................... ........................ ..................................... .....,.............. , b.Pdicyhdders...................... ......,..,....,...............,...........,,.......,,,....,,..............,,.........,.,.............. .................28 998,?W .................41 784.0.79 11. Funds held by company under rsinsuranw treaties(Schedule F.Part],Column 14}................. ..............,......,...............19,344,677 50.255,311 12, Amounts withhaidoretained bycompany for accuuntofcthers.......................,,,....,.._......... ........._.,.....,,.........,...............,.,...,,.............8G.01C.52i 17. Remittances and items not ailocaled...................... .. .. ..............,.............. ,...,.,.......,,...3,621170 ......�..........42,156,Tfi8 r ...,,. 14. provision for reinsurance(Schedule F,Part 7)............... ....................... �...................._........,....... ........,.....112,370,524 ,.......,......,.78.176,068 15. Excess of stalulary reserves over statement reserves(Schedule P interrogatories)..................... ..........,....._,.......�....,.....,-......14,172,627 _. �....................- 16. Net adjustments in assets and liabilities due to foreign exchange rates.-...........................,............................................,.,........... _....,,,......._68.143,377 ...... 59.,?46,030 17. Draltsoutstanding................. ........... ....................,,.........................,.,....._..,....,..................,........._.._........... ......-.-,,...121,747,513 ._._.....,......,92.875,598 18. Payable to parent,subsidiaries and aKdiates.............. ....,,.......,.,....,.,........,,....-.._...... ...,..........,.-._........,........., ............,...41.551,585 19. Payable for securities ......._...... ........................28,360,513 .......,,....-,.7.905.189 20. Liability for amounts held under tlnlnSlJred accident and hati pears........... .............. """...."""......."""".. ..... 21. Capital Notes 5 ...and interest thereon 5 .............................. ...-..........,..... .. .........---,,......,.........,..--......,..... _ ....,,__ ............, 759.233.5L] rit 22. Aggregate we-ins for 1iabilhies........................................................ .. ..............................................................................................� -,.,.,_,,,..,.., 10123.796.936 10,658.905.625 23. Total liabilities lines I through 22)................................................................................................................................. 24. Aggregate wnta-4rs for Spacial surplus funds................................. ................................ .- ..............................�.................................................,1.000,000 .... ..�0�000,000 25A. Common capital stock.........................................................,,.........,-.....,.....,..........,,............ ......-....,........... ..,............20,DOO,IMM 2513, Preferred capital stock .- .--. ...............,... ....,,..............................., ....,,..............,,.....�......�... 250, Aggregate wntewns for other than special surplus funds -- -- Ir 'rF4 ci:n]Iu5 ...,,......` Nol.S ... ............. 26B. Gross paid in and conulbuled surplus......................................................................................_._...,.........,............... . .............�......_...,....., .. .-. 260, Unassigned funds(surplus)...................... .......,.......,.................,,....................4,095,596,673 .........,.3,428,:59,975 2613. Less treasury stock,at wsc (1) _ .. shares nommen!value included I .........,.,�....... . ..................................... .............__.......,.....,........ n Line 250 S �,,.........�. _„)_.-.�...................�.......,. O ............. shares preferred(value included in Line 256 5 ..... .. 1 - - - 8 506-J)5,548 4 839.08,848 21. Surplus as regards pnlir/re'ders(Lines 21 10 290.19ss 26 1+Pec?y �. 32}_. "" 28. TOTALS Pa e2,Line 22 Col,4) 15,62S 802.482 15.491,984.473 oHTAILS OF WRITE-INS 2201. Other liabiIIIies_�............ ................212,410,490 .....,,..,-..,179,292,834 ... „_ „ 2202. Foreign excnange adjusimeW.. „ ....... ......... ...... ............. .53,0T1,7fi1 .... ....29 264.v"43 2203. destruciutiN charges............... .,.,...... ........ 46,219225 43.01,166 ry •6 2294, Summa of remaini wdteans for Lane 22 from overflow page................. 47,537,147 .,......,.....,..,.4,611,402 =99. Totals iLines 2201 thm 2203 plus 22981 ILine 22 abovel 759.238.627 469.450 LTotali rplus fund........... ................_.........,,..........._.,........_,......,..................,.,,......,...................1.000.000 ...............I rAp,C00 ................................................................ .................................................. ..............._......,,............. - ...................... ....................._......,.. ..._..........-.--....,_....,... remaining write-ins for Line 24 from overflow page.................. ....:-....,. ...........................'.'............. ,".....'..'............... 2401 thru 2403 plus 2498)Ilene 24 above I''�'0D0 .000^ 25002.-............. . ................................,.......,.......,,.... ..............................,....,....,......._.,....- .,..,..,,.....,..,.....,......,....... 25003......................................... .............-�.,.......,...........,.,......,....,......................,..... .. ....,.............., 25C98.Summary of remaining write-lns for Lina 25C iron overflow page.................,......... ....................."........-............................... 25C99.Totals lLlnes 25001 Mm 25009 plus 25098 Line 25C above 3 TIDE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. SD8742 AIA Document A312 Payment Any singular reference to Contractor, Surety, Owner or other party shall be considered plural Where applicable.. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business), Neuss +Construction,Ine. St.Paul Tire and Marine Insurance Company 230 North P''lank Road 5786 'Widewaters Parkway Newburgh,NY 12550 13214 OWNER (Name and Address): Town of'Wappinger Town Hall,20 Middlebush Road Wappinger Falls,NY 13214 CONSTRUCTION CONTRACT bate: **One hundred forty nine thousand eight hundred seventy five & no1100**($149,875.00)** Amount. Description (Name and location): 11eGarmo Hills Road-Culvert Replacement Town of Wappinger, NY BOND Date (Not earlier than Construction Contract Date): Amount:**One hundred forty nine thousand eight hundred seventy live & no/1.00*X($149,875.00)* Modifications to this Bond: Mone ❑ See Page 6 CONTRACTOR ASP INCIPA\ SURETY Company: � � Seal) o a ,��_JCor rate Seal � { orporat . ' wire n ran", :aalpa Neuss Con struc . .... f .... W !SNF natureT- Name and Tit e, ' '� � , Name a d Titl — g � � ` .� I l��(�y _ � e: Sara [�. ff Attorney- at (Any additional signatures appear on page 6) ("FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Bruen 1leldin Didio associates other party): 621 Clock.TowerCommons Brewster,NY 10509 845-279-5151 ALA DOCUMENT A312*PERFORMANCE BOND AND PAYMENT BONE].DECEMBER 1984 ED..AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1 N4 4 THIRD PRINTING 0 MARCH 1987 I The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner,within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond,they agree that all.funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner,Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Clairrr 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no oblf contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof,to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice.to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy,or notice thereof,to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last fumished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the .2 Have either received a rein whole or provisions of this Paragraph are void or prohibited by law, 1 the minimum period of limitation available to sureties,as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable, within 30 days of furnishing the above no- tice any communication from the Contractor 12 Notice to the Surety, the Owner or the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly;and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days,have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy,or notice thereof, to the Owner, stating that a claire is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requitement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall tient compliance. be deemed incorporated herein. The intent, is that this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA* THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A3124984 S THIRD PRINTING•MARCH 1987, Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the Contractor and the.Contractor's subcontractors,and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay fhe Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service. or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NW,WASHINGTON,D.C.20006 A312.1964 6 THIRD PRINTING•MARCH 1987 TheMbul POWER OF ATTORNEY Seaboard Surety Cotnpany United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelitv and Guaranty Insurance Company St,Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 21554 Certificate No. KNOW ALL MEN BY THESE PRESENTS:That Seahoard Surety Company is a corporation duly organized under the laws of the State of New y'ork,and that St.Paul Fire and Marine Insurance Company,St,Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Gunraniv Company is a corporation duly organized under the laws of the Stare of Maryland.and that Fidelity and Guaranty insurance Company is a corporation duly organized under the law's of the State of Iowa, and [hat Fidelity and Guaranty Insurance Underwriters,Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein coilecricely called the "Companies"),and that the Companies do ' hereby make,constitute and appoint Jeffrey P.Deldin, Serafino Didio and Sara G.Maffeo Brewster New York of the City of State their true and lawful Attomeyis]-in-Fact. each in their separate capacity it more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bards.undertakings. contracts and other writien instruments in the nature thereof on behalf of the Companies 'm their business of guaranteeing the fidelity of persons, guaranteeing the perforrinance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed be law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed[his 3rd day of February 2000 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelitv and Guaranty Insurance Underwriters,lnc. St,Paul Mercury Insurance Company X 1,4�A�R�>C:T IF�� 0.1�ft:,.� IRp► •� •"^'�wNtrt� 1194 [�i t6gr, '� 1 JTf 10HIY F.PHIti\E1',Vice President SfiAL State of Maryland City of Baltimore MICHAEL R.MCKIBBEN.A,,1,tant Secrewr. On this 3rd day of February 2000 before me. the undersigned officer, personally appeared John F. Phinney and Michael R.McKibben,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,United States Fidelity and Guaranty Company.Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,inc,;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. oa o-� Npr yo In Witness Whereof,l hereunto se[my hand and official seal. a AAY � m Ug�C l My Commission expires the 13th day of July,2002. Ogf ars ao REBECCA EASLEY-O.\'OK.1L.v.`rnary Public 86203 Rev. 11-99 Printed in U.S.A. NEUSS CONSTRUCTION, INC. 230 North Plank Road Newburgh, NY 12550 Tel: 914-562-5621 Fax: 914-569-8997 LETTER OF TRANSMITTAL Date: 47/17101 Attn: Albert P. Roberts, Esq. Ref. DeGarmo Hills Rd. Culvert Repti- Town of Wappingers TO: Vergilis, Stenger, Roberts & Pergament Dutchess County, N.Y. 1611 Route 9 Wappingers Falls, NY 12590 We Are Catalog Cut Sheet(s) Contract(s) Sending You: Change Order Print(s) Copy of Letter Submittal(s) Invoice Sample(s) _ _ Shop Drawing(s) X_ Bond(s) Specification(s) Other COPY(S) DATE NO. DESCRIPTION 1 Payment Bond. These Are For Approval Approves! As Noted Transmitted As X For Your Use _ Approved As Submitted Checked Here: For Your Review Returned for Correction X As Requested Other For Quotation - Remarks. Please call with any questions. M. Signed: T _ . Steve Godwin �P VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 11.36 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (845)298-2040 GERALD A,VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS: KENNETH M,STENGER AMY E.WOODARD ALBERT R ROBERTS e-mail:law@VSRPcom KRISTEN S.GUTHRIE IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN R GARRETT** 276 MAIN MALL THOMAS R,DAVIS POUGHKEEPSIE,NY 12601 MARIA 3.GRECO (845)452-1046 PHILIP GIAMPORTONE ADDRESS REPLY TO:{ )POUGHKEEPSIE *ADMITTED To PRACTICE ( )WAPPINGERS IN NY&FLA. **ADMrrr D TO PRACTICE 1N NY&CUM, VIA HAND DELIVERY July 18, 2001 Town Board 8 2001 Town of Wappinger JUL 20 Middlebush Road Wappingers Falls,New York 12590 TO CLERK Attention: Hon. Constance O. Smith, Supervisor Re: DeGarmo Hills Road - Culvert Replacement Nile No. 12951.0358 Dear Connie: I enclose herewith the following original documents which I hereby approve as to form: 1. St. Paul Fire and Marine Insurance.Company Performance Bond, identified as Bond No. SD8742 in favor of the Town of Wappinger and issued on behalf of the Contractor,Neuss Construction, Inc. in the face amount of$149,875; and 2. Acord Certificate of Liability Insurance insured through Bruen Deldin DiDio on behalf of Neuss Construction, Inc. insured in favor of the Town of Wappinger as Certificate Holder. The certificates are in the minimum amounts required by the Town of Wappinger. After the Contract signing, the original of these documents should be delivered to Town Clerk, Gloria Morse. Page 2 The Payment Bond in favor of the Town of Wappinger and issued on behalf of the Contractor, Neuss Construction, Inc. will be hand delivered by the Contractor on Wednesday, July 18, 2001 at the time of the Contract signing. I also enclose herewith a copy of the Annual Statement for the year ended December 31, 2000 for the St. Paul Fire and Marine Insurance Company, which was also forwarded with the above original documents. Very truly yours, VERGILIS, STENGER, ROBERTS &PERGAMENT BER P. ROBERTS APR/bg Cc w/o enc: Hon. Gloria Morse Joseph E. Paggi, Jr., P.E. Hon. Robert L. Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) O:IWAPPINGE\Town Board\DeGarmo-Haas\ApproveLtr.doc r Town of Tia pps.nger rr' CONTRACT DO CU ENTTS t AND SPECIFICATIONS FOR IDEGA; .MO .HALLS OA CULVERT REPLACEMENT TOWN OF WAPPTN GER DUTCHESS COUNTY, NEW 'YORK FEBRUARY 2001 PREPARED BY: E'AGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land. Surveyors 54.56 Main Street Poughkeepsie, New York 12601 iJ CONTRACT DOCUMENTS AND SPECIFICATIONS FOR DEGARMO HILLS ROAD CULVERT REPLACEMENT TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK FEBRUARY 2001 PREPARED BY: PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 r i PAGGI, MARTIN & DEL BENE LLP Consulting Engineers &Land Surveyors 56 Main Street Poughkeepsie,New Y'orh 1.2601. 845-471-7898 845-471-0905 (FAX) VIA .FAX& CERTIFIED MAIL: March 16, 2001 Reference: Degarmo Hills Road Culvert Replacement Town ofWappinger Dear Contractor: Enclosed please find Addendum No. 2 dated March 16th, 2001 for the above referenced plans and specifications. A hard copy shall follow in the mail with return receipt requested. This addendum contains responses to the comments brought up during the pre-bid meeting held on March 14th, 2001. This information is being circulated to you and shall become part of the Contract Documents. Should you have any questions or comments, please do not hesitate to contact this office. Vcry truly yours, Charles R. Del Bene, ., P.E. CRD:Iaw Enclosure cc: Constance O. Smith, Town Supervisor Graham Foster, Highway Superintendent Michael Tremper, Camo Pollution Control ,Joseph E.PagQ!,Jr.,1?I. Erlist Martin,Jr.,P.E.,L.S. Gharies R.Uel diene,,lr.,P.E. i ADDENDUM NO. 2 To The CONTRACT PLANS AND SPECIFICATIONS DATED: FEBRUARY 2001 FOR DEGARMO HELLS ROAD CULVERT REPLACEMENT TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK Pre-Bid Meeting 2:30 P.M. March 14a` 2001): 1. Due to water supply problems within portions of the Town, the Contractor shall supply his own water for dust control and other necessary tasks. 2. Forty-eight (48)hour notice shall be given to all residents prior to the water shutdown required for the water line relocation. The Contractor shall contact Camo Pollution Control, Inc. to schedule this work. The hours during which the water can be off are 9:00 A.M. to 3:30 PM. The water relocation work cannot be done on a Monday or Friday. 3. Track equipment acceptable to the Superintendent of Highways will be allowed on Degarmo Hills Road, however, the Contractor shall have matting available if requested by the Superintendent of Highways. 4. The Contractor shall carefully remove the downstream culvert and carry it out to Degarmo Hills Road, where the Town Highway Department will take it away, 5. The Contractor shall be responsible to notify the School District and all emergency agencies 48 hours prior to closing the road. All barricades and signs used for the road closure shall conform with the M.U.T.C.D, The New York State Department of Transportation has indicated that a detour is not necessaryfor traffic on Route r 376. Subsequently, "Road Closed—Local Traffic Only" signs shall be placed on Degarmo Hills Road beyond the State right-o£--way. Degarmo Hill Road/Culvert Replacement page 2 Addendum.No, 2 March 16th, 2001 6. For traffic control on Town roads, the Contractor shall submit a traffic control plan to this office and Town Highway Superintendent for approval prior to construction. 7. The Contractor shall supply a list of contact people who must be available seven (7) days a week, twenty-four (24) hours a day in the event of an emergency. 5. Shop drawings shall be submitted to and approved by the Engineer prior to commencement of work. 9. Typical work hours shall be 8:00 a.in, to 4:30 p.m., Monday through Friday, unless there are extenuating circumstances. No work shall be performed on Saturdays except if approved in advance by the Engineer. 10. Horizontal and vertical control points shall be provided by this office, however, layout will be by the Contractor's forces. i Contract Plans & Specifications: • Section PPermits (Specification): Please include the attached N.Y.S.D.E.C. Permit into the Contract Specifications. The Contractor shall be responsible to review and work in conformance with the conditions of the permit. • Item 1.01: Box Culvert&Headwall Structures/Excavation Bedding&Backfill: Included in the landscape restoration for the downstream culvert shall be the furnishing of replacement flower bulbs ("Narcissus Forconnoisseurs"). They are available through White Flower Farms (500-503-9624). The Contractor shall only be required to supply 100 bulbs. Planting will not be the Contractor's responsibility. f 95.20-W1 C(C01-2Ec R3 —4 YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER EFFECTIVE DATE 3-1366-00187/00005s 7 March/_� , 2001 "ILITYIPROGRAM NUMBERISi t PERMIT EXPIRATION DATE Under the Environmental Conservation Law (ECL) December 31, 2002 TYPE OF PERMIT ICI All Applicable Soxes} ® New Renewal Q Moditicatlan Permit to Construct © Permit to Operate FX-1Article 16, Title 5: El Article 17, Titles 7, 8: Article 27, Title 9; 6NYCRR 373: Protection of Waters SPDES F Hazardous Waste Management Article up Title 15: Article 19: Article 34; Water Supply Air Pollution Cantrof F7 Coastal Erasion Management Article Title 15: Article 23, Title 27: Article 36: Water Trraa nsport Mined Land Reclamation Fioodpiain Management Article Z n d Wells Title 15: Article 24: Articles 1, 3, 17, 18, 27, 37; Long islan , Frc:howatcr'Wetlnnds 6NYCRR :380: Radiation Control Article e Title 27: � Article 25: F Other Wild, Scenic & Recreational Rivers Tidal Wetlands 6NYCRR 608: Article 27, Title 7; 6NYCRR 360: Water Quality Certification Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Town of Wa in er (845) 297-9451 ADDRESS OF PERMITTEE ' 20 Middlebush Road, P.O. Box 324, Wappingers Falls, NY 12590 'TACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER „aham Foster - Superintendent of Highways (845) 297-9451 AE AND ADDRESS OF PROJECT/FACILITY 17aas property located at 65 DeGarmo Hills Road (west side), approximately 1000 feet southwest of intersection with NYS Route 371 LOCATION OF PROJEC7IFACILITY Unnamed tributary to Wappinger Creek COUNTY TOWN WATERCOURSE/WETLAND No, NYTM COORDINATES Dutchess Wappinger H-101-4-3 Class B E: 594.4 N: 4607,9 DESCRIPTION OF AUTHORIZED ACTIVITY Replace existing arch culvert with an aluminum box culvert with footing pads in an unnamed tributary to Wappinger Creek in accordance with the plan and narrative referenced in Special Condition No, 1 and as conditioned in this permit. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the Generai Conditions specified and any Special Conditions included as part of this permit. � ...?UTY PERMIT ADMINISTRATOR ACORESS lliam E. Steidle 21 South Putt Corners Ad., New Paltz NY 12561 - ASB AUTHORIZED SIGNATIJI Gate Page 1 of 4 TWappinger187 pmt(SB3)eh NEW v^RK STATE DEPARTMENT OF ENVIRONMENTAL CONSEF' 710N NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation )f the State of New York, its representatives, employees, agents, and assigns for 211 claims, suits, actions,damages, and costs of every name and description, arising out of or resulting from the permittee's undertaking of activities or operation and maintenance of the facility or facilities authorized by the permit in compliance or non-compliance with the terms and conditions of the permit. Item 13: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any richi to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or faciiity, including relevant records, is subjectto inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the ermit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for ispection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of ail other permit types. Submission of applications for permit rerewai or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 3 21 South Putt Corners Road, New Paltz, NY 92561, telephone:.(845) 256-3054 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental corditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. FormsrGeneral.wad DEC PERMIT NUMBER PAGE 2 OF 4 3-1356-00187100005 -- ADDITIONAL GENERAL CONDITIONS FOR A,_.€CLES 15 (TITLE 51, 24,25,34,36 AND 6NYCRR Pxr{T 608 Protection of Waters 1. If future operations by the State of New York require an alteration 4. Alt necessary precautions shall be taken to preclude contamination inthe position of the structure or work herein authorized,or if,in the of any wetland or waterway by suspended solids,sediments,fuels, opmlon of the Department of Environmental Conservation it shall solvents, lubricants, epoxy coatings, paints, concrete, leachate or ause unreasonable obstruction to the free navigation of said waters any other environmentally deleterious materials associated with the orfleod flows or endanger the health,safety or welfare of the people project. of the State,or cause loss or destruction of the natural resources of the State,the owner may be ordered"by the Department to remove 5. Any material dredged in the conduct of the work herein permitted eralter the structural work,obstructions,or hazards caused thereby shall be removed evenly,without leaving large refuse piles, ridges without expense to the State, and if, upon the expiration or across tate bed of a waterway or floodplain or deep holes that may revocation of this permit, the structure, fill, excavation, or other have a tendency to cause damage to navigable channels or to the modification of the watercourse hereby authorized shall not be banks of a waterway, completed,the owners, shall, without expense to the State,and to such extent and in such time and manner as the Department of 6, There shall be no unreasonable interference with navigation by the Environmental Conservation may require,remove all or any portion work herein authorized. of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No 7. if upon the expiration or revocation of this permit,the project hereby ciaim shall be made against the State of New York on account of authorized has not been completed, the applicant shall, without any such removal or alteration, expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may 2, The State of New York shall in no case be liable for any damage or require,remove all or any portion of the uncompleted structure orfill injury to the structure or work herein authorized which may be and restore the site to its former condition. No claim shall be made caused by or result from future operations undertaken by the State against the State of New York on account of any such rPmcval or for the conservation or improvement of navigation, or for other alteration. purposes, and no claim or right to compensation shall accrue from any such damage. S. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project 3. Granting of this permit does not relieve the applicant of the will not contravene effluent limitations or other limitations or responsibility of obtaining any other permission,consenter approval standards under Sections 301,302,303, 306 and 307 of the Clean from the U.S. Army Corps of Engineers, U.S. Coast Guard, New Water Act of 1977 (PL 95-217) provided that all of the conditions York State Office of General Services or local government which listed herein are met, may be required. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by on SPECIAL CONDITIONS The permittee or a representative shall contact by telephone; the Division of Law Enforcement in New Paitz (845) 255-3013, 48 hours prior to the commencement of any portion of the project authorized herein. ♦ The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands and complies with this permit, including all special conditions to prevent environmental degradation. ♦ For Article 15, Protection of Waters permits, the permittee or an authorized representative shall notify the Department by mailing the attached form at least 48 hours prior to the commencement of any portion of the project authorized herein. Continued on next page... Lrsr PERMIT NUMBER 356-00187100005 ')GRAMIFACIL€TY NUMBER PAGE 3 OF 4 apage.frm (10/97) Adft 95.20-6F{7197}-25CR3 NEW YORK STATE DEPARTMENT OF ENVlRONMENTA✓,CONSERVATION (' SPECIAL CONDITIONS For. Article 15 (Protection of Waters 1 . Work shall be conducted in accordance with the following plan and narrative for the Haas property culvert replacement project, prepared by Paggi, Martin & Del Bene LLP Consulting Engineers and Land Surveyors for the Town of Wappinger Highway Department: A. Proposed Culvert Replacement Plan (Sheet 1 of 1 ), dated August 14, 1998 and revised January 22 2001 . B. Culvert replacement narrative, Item No 4 as contained in correspondence from Paggi, Martin & Del Bene LLP, dated January 22, 2001. 2. Prior to commencing the project, all stream flow shall be diverted as shown on the approved plan by constructing a temporary sandbag cofferdam and pumping around the work location to isolate and dewater the work area. The cofferdam shall be entirely removed immediately upon completion of work. 3. The restored streambed shall be equal in width, depth and character as the streambed upstream and downstream of the project area. 4. Any debris or excess materials from construction of this project shall be immediately and ! completely removed from the bed and banks of all water areas to an appropriate upland area for disposal. 5. All areas of soil disturbance resulting from this project (above the mean high water line) shall be seeded with an appropriate perennial grass seed and mulched with hay or straw within one week of final grading. Mulch shall be maintained until a suitable vegetative cover is established. STATE ENVIRONMENTAL QUALITY REVIEW Under the State Environmental Quality Review Act (SEQR) this project has been determined to be a "replacement, in kind," and is therefore, a Type Il Action and not subject to further procedures under this law. Distribution: J. Isaacs C. Del Bene, P.E., Paggi, Martin & Del Bene, LLP ( PERMIT NUMBER 1356-00187/00005 FACILITY ID NUMBER PROGRAM NUMBER Page 4 of 4 NEW YORE. STATE DEPARTMENT OF ENVIRbir MENTAL CONSERVATION 21 South Putt Corners Rd., New Paltz NY 12561 Phone (845) 2563000 • FAX: (845).255-3042 { Website; www.dec.state,ny.us NOTICE TO ALL PERMITTEES You must mail this form to the following address 48 HOURS PRIOR to commencement of the permitted activity. Please fill in starting date. In addition to mailing this notice, you may also call the Bureau of Habitat office at (845) 256--3087 with the anticipated start date of work. Fold Here First to Mail Return Address P l a c e stamp Here New York State Department of Environmental Conservation 21 South Putt Corners Rd. New Paltz, NY 12561-1696 Attn: Bureau of Habitat Fold Here Second to Mail Permit Number l 3 ��((- — U l `7 / L? o Oo a" Name Starting Date staple here tc mail a4,520;VATERACHOUR.FFM �.� DEL BENE LLP C'ons•uZzing JTngineers Land 5zenveyors 56 Main Streer { Poughkeepsie,New York 3.2601 845-471-7498 845-471-0905 (,rAX) January 22, 2001 New York State Department of Environmental Conservation Division of Environmental Permits, Region 3 21 South Putt Corners Road New Paltz, New York 12561-1696 Attention.: ScottBallard Reference: NYSDEC Application No. 3-1356-00187100005 Proposed Culvert Replacement Haas Property/DeGarmo Hills Road Town of Wappinger, Dutchess County Dear Mr. Ballard: We have reviewed your comments contained in the Notice of Incomplete Application dated November 30`h, 1999, and offer the following responses in the same numerical order as your comments. 1. We have revised our plan to show a single 16' - 2"wide x 5' — 1"high x 14' long aluminum corrugated box culvert. The total waterway area is 72.3 s.f, which is greater than the 64 s.f containing in the 16' x 4' concrete box culvert proposed for DeGarmo Hills Road. The aluminum box culvert will have a usable waterway area of 64.3 s.f once installed 6" into the stream bed. The structure will not have a bottom, but will have aluminum footing pads on each side, which will be buried into the streambed, The existing 117" x 79" arch pipe is buried approximately 18" into the streambed. Subsequently, this material (7± c.y.) will be removed when the existing culvert is taken out. This material will be placed back into the streambed. The excavation for the aluminum box culvert will consist of two (2) narrow trenches, 24" wide, approximately 6"-12" deep on either side of the culvert to allow for culvert and foot pad installation. The excavated material will be placed along these trenches so can easily be used to baccfM the footing pad. 2.A. The limits of disturbance have been shown on the plan. 2.E. The stream diversion will be accompiished with a sand bad coffer dam and a pump as illustrated on the .plan. ;�is:pi, 7.?::�;n, r..?.E. E.nsc `f;�=.•;in . M'- R.Dui f Mr. Scott Ballard - 2 - January 22, 2001 RE: Haas/©eGarmo Hills Road i i 2.C. Equipment access will be as indicated on the Site Plan. ID. Stockpile area will be east of the culvert as shown. 3. A copy of the Haas plot plan has been enclosed. 4. The construction sequence will be as follows: a. Construct confer dam and setup bypass pump. b. Carefully remove the wood headwalls. c. Remove the existing culvert and stockpile material contained in the culvert invert. d. Place stockpiled material back into streambed. e. Excavate and install box culvert. f Backfill footing pads with stream bed material. g. Backfill around and above culvert. h. Reconstruct wood headwalls. i. Grade, seed and mulch disturbed areas. j. Cleanup site and access. 5. Copy of signed letters allowing access and culvert replacement are enclosed. 5. Color photographs of the existing culvert and surroundings have been included. This documentation is being submitted for your review and approval. The Town of Wappinger would like to replace this culvert this winter when the ground is frozen so that the site disturbance will be minimal. Thank you for your assistance and cooperation. yu.y truly yours, Charles R. Del Bene, }i�P.l✓. CRD:law Enclosure ----------- -i oo m CU ID,i�" ox, 17, m77 193 40 196 -ae el O PAGGI, MARTIN & DEL BENE LLP Consulting Engineers&.L,an.d Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) ADDENDUM NO. 1 CONTRACT PLANS AND SPECIFICATIONS FOR DEGARMO HILLS ROAD CULVERT REPLACEMENT TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK ADDENDUM NO. 1 -DATED: FEBRUARY 28n', 2001 BID OPENING DATE: MARCH 23"2001 Please be advised that there will be a site tour on March 14th 2001. This site tour will take place at 2:30 p.m., beginning at Town Hall, Town of Wappinger and notification of participation should take place prior to the date of the tour. Please contact the office of Paggi, Martin&Del Bene,LLP, (845) 471-7898 with your intention of participation. Addendum No. 1 is considered a part of and extension to the Contract Pians and Specifications for the Degarmo Hills Road Culvert Replacement. Please acknowledge receipt of this Addendum with your signature in the Addenda section of the Specifications on Page BP-4. Any questions or comments should be addressed to this office. Joseph P.PaW,Jr.,P.D, Ernst(Martin,Jr.,P.E.,L.B. Charles It. Del diene,Jr.,RE { TABLE OF CONTENTS SECTION: PAGE: ADDENDA BULLETIN AD- i NOTICE TO BIDDERS NTBI-NTB4 INFORMATION TO BIDDERS ITB1-ITB5 INSTRUCTIONS TO BIDDERS IFB-1 BID AND PROPOSAL FORM BP1-BP6 NON-COLLUSION CERTIFICATION NCCI-NCC2 CONTRACT AGREEMENT&AGKNOWLEDGEMENT CA1-CA4 TYPICAL BID &PERFORMANCE BONDS BBI-BB5 NOTICE OF AWARD NOA-1 NOTICE TO PROCEED NTP-I TYPICAL CHANGE ORDER CO-1 PERMITS P- 1 MBE/WBE WORK PLAN M/WBE-I -M/WBE-7 PREVAILING WAGE RATES PWR-1 GENERAL PROVISIONS GPI-GPI3 I GENERAL SPECIFICATIONS GS-I to GS-7 DETAILED SPECIFICATIONS 1,01 - 8.01 - TC - ADDENDA BULLENTIN j 1. Addenda may be published pertaining to this project. 2. Please complete this form to expedite prompt delivery of Addenda to you, and mail immediately. 3. Do not use a Post Office Box Address, as telegram addenda cannot be delivered. 4. It is not necessary to complete this form unless you are a plans and specifications purchaser or examiner. 5. Mail this completed form to: Town of Wappinger Attention: Gloria Morse, Town Clerk P.O. Box 324 Wappingers Falls, New York 12590 PROJECT: DeGarmo Hills Road Culvert Replacement Town of Wappinger Dutchess County, New York YOUR FRIM NAME: YOUR STREET ADDRESS: YOUR CITY, STATE, ZIP CODE: YOUR TELEPHONE NUMBER: FAX#: NO OF SETS OF PLANS AND SPECIFICATIONS PURCHASED: PLEASE CHECK ONE: PRIME CONTRACTOR SUBCONTRACTOR AD— 1 ADVERTISEMENT FOR BIDS: I RECEIPT OF BIDS: Separate sealed bids on enclosed forms as prepared by the Town Engineer will be received by the Town Clerk until 10: 45 a.m, (Local Time) on Friday, March 23`d, 2001 for: DEGARMO HILLS ROAD CULVERT REPLACEMENT TOWN OF WAPPINGER DUTCHESS COUNTY,NEW YORK For the installation of precast concrete box culvert under DeGarmo Hills Road and an aluminized box culvert approximately 900 feet downstream. Bids received after 10:45 a.m., Friday, March 23`d, 2001 will not be accepted or considered. f Sealed bids will be publicly opened and read aloud at 11:00 a.m. (Local Time) on Friday, March 23, 2001 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. The Information for Bidders, Specifications and other Contract Documents may be reviewed at the office of the Town Clerk, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York 12590, and at the office of Paggi, Martin &Del Bene, LLP, Consulting Engineers& Land Surveyors, 56 Main Street, Poughkeepsie, New York 12601. Drawings and other Contract Documents will be available on Thursday, March 1", 2001, and may be obtained ONLY at the Town Hall upon deposit of$25.00 per set which is non-refundable. Deposit made by check shall be made payable to the Town Clerk. i NTB - 1 3 1 Each Bid shall be accompanied by a certified check of bid bond in the amount of five (5%)percent of the base Bid in the form and subject to the conditions provided in the Information for Bidders. No Bidder may withdraw a Bid within forty-five (45) days after the actual date of the opening thereof. The Bid Deposit shall be made in a certified check from the Bidder of in a Bid Bond on the form of said Bid Bond attached hereto and be drawn payable to the Town of Wappinger. OWNERS RIGHTS RESERVED: The Town of Wappinger, herein called the Owner, reserves the right to reject any or all Bids and to waive any formality or technicality in any Bid in the interest of the Owner and in accordance with the Law. STATEMENT OF NON COLLUSION: Bidders on this Contract are required to execute the Non-Collusion Bidding Certificate, attached herein, pursuant to Section 103-d of the General Municipal Law of the State of New York, Bidders are also required to comply with the provision of Section 291-299 of the Executive Law of the State of New York, The Town of Wappinger hereby notifies all Bidders that it will affirmatively insure that, in regard to any Contract entered into pursuant to this Advertisement, Minority Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for any awards. i NTB - 2 The work required by this Contract shall consist of furnishing all labor, equipment, materials, supervision, and performing all work necessary to complete project as herein described. The major components of said work are approximately: DEGARMO HILLS ROAD: 1. Removal of approximately 100 linear feet of existing RCP culvert and two (2) stone headwalls. 2. Removal of approximately 15 linear feet of existing 117" x 79" corrugated steel arch pipe and two (2)pressure treated wood headwalls. 3. Installation 42 linear feet of 16' span x 4' rise precast concrete culvert with precast headwalls. 4. Fourteen linear feet of 16'-2" span x 5'-1" rise aluminum box culvert with pressure treated wood tie headwalls. 5. 60 linear feet of 8" ductile iron Class 52 water main relocation. 6. 150± square yards asphalt pavement restoration. 7. By-pass pump ongoing around project areas. 8. Landscape Restoration f NTB - 3 The Town of Wappinger is exempt under the Tax law, of New York State, Article 28 — Part IIT, and is exempt from payment of Sales and Compensating Use Taxes of the State of New York on all materials which are incorporated into work pursuant to the provisions of the Contract, These taxes are not to be included in the Bid under New York State Tax Law, Article 28, Part IIT. This notice is issued in the name of the Owner, the Town of Wappinger, Wappingers Falls,New York. DATED: Wednesday, February 28h2001 Gloria Morse Town Clerk Town of Wappinger 20 Middlebush.Road, P.O. Box 324 f Wappingers Falls, New York 12590 i NTB —4 INFORMATION TO BIDDERS � I Sealed bids for the DeGarmo Hills Road Replacement for the Town of Wappinger will be received at the office of the Town Clerk, 20 Middlebush Road, Wappingers Falls,New York until 10:45 a.m. (Local Time) on Friday, March 23`d, 2001, and shall be publicly opened and read aloud by the Town Clerk of the Town of Wappinger, or her representative at 11:00 a.m. (Local Time) on Friday, March 23`d, 2001. Bids received after 10:45 a.m. on Friday,March 23`d, 2001 will not be considered. Each bidder must deposit with his proposal and bid a certified check or bid bond for 5% bid price, made payable to the Town Clerk, Town of Wappinger, Wappingers Falls, New York. The bidder awarded the Contract, which shall be subject to the approval of the Town Board as to form and sufficiency, will be required to execute Contract and Performance Bond satisfactory to the Town Attorney on which the following provisions and stated sums are incorporated by reference to these instructions and general conditions. 1, Amount of Contract and Performance Bond is 100% of bid form and terms subject to owner's approval. f 2, Contractor's bodily injury liability insurance - $1,000,000.001$3,000,000.00, Contractor's property damage liability insurance, including blasting insurance - $1,000,000,00/$3,000,000.00. All insurance policies must contain a provision that claims made in connection with the project will be acknowledge by the carrier and the extent that the carried will defend and indemnify the owner against same. 3. Insurance protecting owner and engineer and their agents and employees against claims from injuries or death to persons or damage to property in the above amounts. 4. Workmen's Compensation Insurance— Statutory. 5. The work of the entire contract shall be completed in sixty (60) calendar days. A deduction will be made from the contract price of$50.00 per day for every calendar day after the completion date indicated above, that the entire contract is not completed in every detail. In the event of severe weather (i.e. the winter season) a suspension of work will be ordered by the Engineer (in writing), and the Contractor will carefully protect all work and material against damage or injury from the inclement weather and winter season. When the severe weather ends (i.e. beginning of Spring season), the Contractor shall receive a written notice to proceed from the Engineer, and the work of the entire contract shall be completed in the number of calendar days remaining from the original start date. ITB - 1 ( 6. The work specified in the following proposal, specifications and on contract drawings is as follows: The work required by the project shall consist of all labor, equipment, materials, supervision, testing and performing all work necessary to install the box culverts, headwalls, and wingwalls and all associated appurtenances to the lines and grades as indicated on the Contract Drawings. It is the belief that the expenditures are justified by the benefits which accrue to the said residents. If said residents do not get the use of the facilities for which the expenditures are made, there is a consequently financial loss to those residents which cannot be exactly computed. The Engineers of the owner have figured that the time to be deducted from the contract price for not completing on time is a reasonable computation of the loss to the residents of the Town. Consideration of any extra work of supplemental contract work added to the original contract, as well as extenuating circumstances beyond the control of the Contractor will be given due consideration by the Owner before any deductions from the contract price is made. 7. Bids will be compared on the basis of the totals of the schedule of estimated quantities comprising all items at the respective lump sum prices and/or unit { prices bid for those items. In the event there is a discrepancy between any figures written in works and written in figures, the price written in works shall govern. The Town Board reserves the right to waive and irregularities or informalities in, or to reject any or all bids. 8. No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents or be effective to modify any of the provisions of the Contact Documents. 9. Bidders must certify that they will comply with all the provisions of all laws and of the Labor Law applicable to the construction operations and contracts and the employees are being paid at prevailing wage rates for similar work in their area and that such wage scales and other provisions of employment conform to Section 220 of the Labor Law of the State of New York. 10, The Town Board reserves the right to increase or decrease any item in this contract they deem to be in the best interest of the Town. f ITB - 2 11. The Contractor agrees that before making his proposal he carefully examine the contract documents, together with the site of the proposed work, as well as its i surrounding territory, and is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of wires, pipes, and other facilities and structures of municipal and other public service corporations on, over and under the site, and that this information was secured by personal investigation and research and not from estimates or records of the Owner, and that he will make no claim against the Owner by reason of estimates, tests or representations of any officer or agent of the Owner. 12. The Contractor is cautioned that the location of any storm drains, sanitary sewer lines, water mains or other utilities within or adjacent to the proposed construction as shown on the plans is intended for general information only. The locations, depth, and data as to the underground conditions shown on the plans have been obtained from local information and conditions noted on the surface. This information is furnished without any warranty expressed or implied as to its exactness or completeness. The Contractor alone shall be responsible for the accurate determination of the location and depth of all structure and utilities and the nature of the underground strata and shall make no claim if the information furnished is erroneous in any respect of those shown or indicated. It shall be the Contractor's responsibility to protect and support in a suitable manner all utilities or structures encountered in the trenching and excavating operations. The Contractor shall make good at his own expense any damage to these lines caused by these operations; and if the nature of the damage is such as to endanger the operation of these utilities and the necessary repairs are not immediately made by the Contractor, the work may be performed by the Owner of others and the cost thereof charged against the Contractor. 13. The said work shall be performed in accordance with the true intent and meaning of the contract documents without any further expense of any nature whatsoever to the Owner other than the consideration named in this agreement. The Owner reserves the right, at any time during the progress or work, to alter the plans or omit any portion of the work, as it may deem reasonably necessary for the public interest; making allowances for additions and deductions at the price names in the proposal, for this work without constituting grounds for any claim by the Contractor for allowance for damages or for loss anticipated profits, or for any variations between the approximate quantities and the quantities of the work as done. 14. All reference points, easement corners and benchmarks will be given by the Engineer. The Contractor shall be responsible to maintain the grade and alignment as shown on the plan. 15. The Contractor must carefully preserve benchmarks, reference points, and stakes set by the Engineer; and in case of their willful or careless destruction, he will be charged with the expense of their replacement; and he shall be responsible for any damages or mistakes that may be caused by their loss or disturbances. ITB - 3 16. The Contractor's attention is directed to the fact he may not have exclusive ( occupancy of the territory within or adjacent to the limits of the contract. The Contractor will be required to cooperate with other contractors and the Owners of the various utilities and to coordinate and arrange the sequence of his work to conform with the progressive operations of the work already under contract and to be put under contract. In case of indifference between the operators of the utilities, owners and different contractors, the Owners will be the sole judge of the rights of each contractor and the sequence of the work necessary to expedite the completion of the entire project, and in all cases his decision will be accepted as final• 17. The quantities appearing in the prepared bid schedule are approximate only and are prepared for the comparison of bids. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the contract, and it is understood that the scheduled quantities of work to be done and materials to be furnished may each be increased, diminished, or omitted as hereinafter provided without in any way invalidating the unit prices bid. 18. State wage rates are included in the specifications. 19. The Contractor and all Subcontractors shall, as a condition precedent to performing any work on this project, furnish to the Owner a list of all litigation, arbitration or other legal proceedings in which the Contractor of Subcontractor have been directly or indirectly involved in the last five years from the date of this agreement, and in which any owner, architect or engineer or any consultant to any owner, architect or engineer were named as parties to the litigation, arbitration or other legal proceedings. 20. The Owner, or his representative, may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work all or part of the wages required by the Contract, the Owner of his representative may, after written notice to the Contractor,take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds until such violations have ceased. The Contractor at the conclusion of the Contract shall submit a release of liens indicating that all subcontractors, if any, and suppliers have been paid. 21. Payroll records will be maintained during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address or each such employee, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. The Contractor will make his employment records available for inspection by authorized representative of the Surgeon General, and will permit such representatives to interview employees during working hours on the job. ITB -4 The Contractor will, in addition, submit bi-weekly, a certified copy of all payrolls to the Owner, or his representative. Such copies shall be retained, in accordance with instructions, by the Owner for a period of 3 years from the date of completion of the contract, and shall be available for inspection by authorized representatives of the Surgeon General. The certification will affirm that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and the classifications set forth for each laborer or mechanic conform with the work he performs. 22. Apprentices will be permitted to work only under a bonafide apprenticeship program registered with a State Apprenticeship Council which is recognized by the Federal Committee on Apprenticeship, U.S. Department of Labor; or if no such recognized council existing in a State, under a program registered with the Bureau of Apprenticeship, U.S. Department of Labor. ITB — S INSTRUCTION FOR BIDDERS NONDISCRIMINATION IN EMPLOYMENT: Contracts for work under this proposal will obligate the contractors and sub-contractors not to discriminate in employment practices. Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the contract. Successful bidders must, if requested, submit a list of all sub-contractors who will perform work on the project and written signed statement from authorized agents of the labor pools with which they will or may deal for employees on the work together with supporting information to the effect that said labor pools practices and policies are in conformity with Executive Order No. 11245 and that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employees seeking employment and performing work under the contract or, a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the award of the contract. Successful bidders must be prepared to comply in all respects with the non-discrimination provisions to be found on the reverse side of the Labor Standards Contract Provisions which are included in the specifications. NONSEGREGATED FACILITIES: A. A Certification of Non-segregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a Federally assisted Construction Contract exceeding $10,000.00. B. Contractors receiving federally assisted construction contract awards exceeding $10,000,00 will be required to provided for the forwarding of the following notice to prospective subcontractors for supplies and construction contractors where the subcontracts exceed $10,000.00. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES. A, A Certified of Non-segregated Facilities, as required by the May 9, 1967, order(32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000.00. B. Contractor receiving subcontract awards exceeding $10,000.00 will be required to provide for the forwarding of this Notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000.00. IFB - i DEGARMO HILLS ROAD <ry CULVERT REPLACEMENT TOWN OF WAPPINGER BID PROPOSAL TO THE TOWN OF WAPPINGER, WAPPINGER FALLS, NEW YORK Made By: e l) Q, 00fkfiWQjbC27100) P.O. Address: Z�6) /�l dY 7WY� I �f}I7 A(I Mh A L Dear'Board Members: Pursuant to and in compliance with your Advertisement of Wednesday, February 2 .81h200 and the Information for Bidders relating thereto, the undersigned states that he has examined the Contract Documents and the site, and that he understands the purport and magnitude of the work intended, and the undersigned hereby offers to furnish all labor, materials, supplies, equipment, and other facilities and things necessary or proper for or incidental to the proper construction of the work advertised, and to construct the said work in strict accordance with the Contract Documents and such detailed directions, plans and drawings as may be furnished from time to time during the progress of construction by the Engineer at the following prices which prices include all incidental work, viz: 10\10A BP —1 ITEM ESTMIATED UNIT DESCRIPTION WITH UNIT UNIT PRICE TOTAL NO. QUANTITY PRICE WRITTEN IN WORDS PRICE 1.01A 14 L.F. I6'-2" *5'-1" ALUMINUM:BOX CULVERT W/WOOD —TIE. BEADWALLS a 61,?Yl 1. � 'r�L fw' ,� DOLLARS & on CENTS /LF PER L.F. 1.01B 42 L F 16' x I' PRECAST CONCRETE BOX CULVERT W/LIEADWALLS OLLARS & CENTS /LF $q` ) 4' PER L.F. 2.01 20 C.Y. MEDIUM STONE FILL AND BEDDING RIP-RAP DOLLARS & CELTS $ ) /Cy s,_24 7d PER C.Y. 8" CLASS 52 D.I.WATER MAIN 3.01 55 L.F. RELOCATION DOLLARS & CENTS � /LF, PER L.F. BP -2 BlD TITALS ITEM ESTIMATED UNIT DESCRIPTION WITH UNIT UNIT PRICE TOTAL NO. QUANTITY PRICE WRITTEN IN WORDS PRICE 5.01 150 S.Y. ASPHALT PAVEMENT RESTORATION DOLLARS & CENTS /SY ..., PER S.Y. 6.01 L.S. L.S. MAINTENANCE&PROTECTION OF TRAFFIC � f � ( , DOLLARS & ' 1 CENTS PER L.S. 7.01 60 C.Y. FOUNDATION STONE(A.O.B.E.) DOLLARS & CENTS $ /CY PER C.Y. 8.01 100 C.Y. RUN—OF—BANK GRAVEL(A.O.B.E) DOLLARS & _ CENTS /Cy PER.C.Y. "a BUD91TALS DEGARMO HILLS ROAD CULVERT REPLACEMENT BI:I PROPOSAL TOTAL BID AMOUNT: �r FIGTIRES: r� WORDS DOLLARS & 2 CENTS A' &DE I TIALS ADDENDUM DATE SIGN ,I BP -4 SUMMATION: The summation of this bid for this Contract is based on the approximate statement of quantities given above and the prices bid and stipulated for the various items. This statement is made with the understanding that it is not a part of the bid and is solely a matter of information for convenience in comparing the bids at the time of opening. The bidder further declares that he is/they are the only person/persons interested in this Proposal and that it is made without any connection with any other person or persons making proposals for the same work and that it is in all respects fair and without collusion or fraud.* And he/they does/do hereby agree that if this Proposal is accepted, he/they will execute and deliver bond in a penalty equal to the amount of the Contract to that approved by the Town to construct the work at the price and upon the terms proposed according to the drawings and specifications of the Town. Accompanying this Proposal under separate cover, is a Bid Bond, case, cashier's check, or certified check for 5%of bid amount payable to the Town of Wappinger. In case this Proposal is accepted by the Town, and the undersigned shall fail execute the Contract with, and to give a bond to the Town according to the"information for Bidders", then the said Bid Bond, cash, cashier's check, or certified check shall become property of the Town; otherwise it shall be returned to the undersigned. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within 45 days after the date of opening of the bids, or anytime thereafter before this bid is withdrawn, the undersigned shall within five (5) days after date of such mailing, telegraphing, or delivering of such notice, execute and deliver a Contract, and a Performance Bond as called for in the "Information to Bidders". BP - 5 DATED: ! 1 t 1, **FIRM NAME: I" 7- AUTHORIZED AUTHORIZED SIGNATURE: TITLE: _Pr(? 's .l C1 4�E E2 I - ADDRESS: *.CROSS OUT WORDS WHICH DO NOT APPLY. ** IF A COPORATION, GIVE THE STATE OF INCORPORATION, USING THE PHRASE"A CORPORATION ORGANIZED UNDER THE LAWS OF ** IF A PARTNERSHIP, GIVE NAMES.OF PARTNERS,USING ALSO THE PHRASE "CO-PARTNERS.TRADING AND DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF ** IF AN INDIVIDUAL USING A TRADE NAME, GIVE INDIVIDUAL NAME, USING ALSO THE PHRASE"AN INDIVIDUAL DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF r � ' FULL.NAMES AND RESIDENCES OF ALL PERSONS INTERESTED IN THE PROPOSAL AS PRINCIPALS AREAS FOLLOWS: !� NAMES: UU 17 S S ADDRESS: r • zVeu, Z 6'' . NAMES: ADDRESS: STATE OF.: COUNTY OF: � -- c THE SIGNER OF THE ABOVE PROPOSAL,BEING SWORN, SAYS THAT THE SEVERAL MATTERS STATED THEREIN ARE IN ALL RESPECTS TRUE TO THE KNOWLEDGE OF THE DEPONENT. SWORN TO AND SUBSCRIBED TO BEFORE ME THIS DAY OF )m 2001. 8A1gRA A.WILLIAMS NftY PublK SWO of New York NM 01WI4799494 bnftd in Orange County BP — 6 melon Expires 101311.Wl NON-COLLUSION CERTIFICATION i The undersigned represent that pursuant to section 103-A and 103-B of the General Municipal Law of the State of New York, no person referred to in the attached proposal who is the bidder of who is or was a member, partner, director or officer of the bidding firm or entity under this proposal has refused to sign a waiver of immunity or to answer any relevant questions relating to any transaction or contract with the State of New York, and political subdivision thereof, or any public authority, during the period of S years prior to the date hereof. The undersigned agrees that any Contract awarded as a result of this bid may be cancelled without penalty upon the grounds set forth in Section 103-A and 103-B of the said General Municipal Law. The names and addresses of all persons and parties interested in the foregoing bid arenas follows: r FAK4" Dr By submission of this bid, each Bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of 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 or indirectly, to any other Bidder out to an 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. A bid shall not be considered for award nor shall any award be made where (1), (2) and (3) above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (1), (2), and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. NCC — 1 The fact that a Bidder (A) has published price lists, rates, or tariffs covering items being procured, (B) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or(C) has sold the same items to other customers at the same price being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one. Any bid hereafter made to any political subdivision of the State or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section shall be deemed to have been authorized by the Board of Directors of the Bidder, and such authorization shall bedee a to include the signing and submission of the bid and the inclusion therein of the e i as on-collusion as the act and deed of the corporation. (Signature) r (Title) i NCC-2 DEGARMO HILLS ROAD CULVERT REPLACEMENT TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK AGREEMENT For the construction of the work as specified in the documents of this Contract for the DeGarmo Hills Road culvert replacement in the Town of Wappinger. This agreement entered into this 18th day of July , 2001 by the Town of Wappinger,New York, acting by and through the Board hereinafter referred to as the Owner and Neuss Construction, Inc. hereinafter called the Contractor. Witnesseth: That the Owner and the Contractor agree to as follows: 1. The plans, general requirements, specifications and Addenda as prepared by Paggi, Martin&Dei Bene LLP, Consulting Engineers, hereinafter enumerated shall form part of this contract and the provisions thereof shall be as binding upon the parties as if they were herein fully set forth. Contract Plans and Specifications dated February 2001 Addendum No.1 and No.2 dated February 28th, 2001 and March 15, 2001 respectively. 2. The Contractor for and in consideration of the payment of payment herein specified and agreed to by the Owner hereby agrees to furnish and deliver all the materials and to do and perform all the work and labor necessary to install the new box culverts and headwalls and all appurtenances at the Unit Prices bid for Item Numbers 1.01 through and including 8.01 by said Contractor. For the respective estimated quantities, aggregating approximately the sum of $149.875.00 and such other items as are mentioned in the original proposal which proposal and prices names, together with the Instruction to Bidders, general conditions, plans and specifications are made a part of this Contract and accepted as such. 3. The Contractor further agrees that all of the said work shall be done and performed in the best and workmanlike manner and that prompt payment will be made in full for labor and materials used in the work and that all said labor and materials shall be in ( strict accordance with the Contract Documents and shall be subject to the inspection and approval of the Engineer. CA— 1 CommissiM. wm- DRIVER LICENSE ID:755 374 600 DOB:06-23-63 ' NEUSS,RUDOLPH,R 2 FAR HORIZONS DR NEWBURGH NY ,f' h 12550 SEX:ISA EYES:ER HT:"4 CLASS:D END: REST: ' ^w ISSUED:07-18-96 .EXPIRE&06-23-00 536936Q0 Rudolph R. Neuss C'RES0EPITT N c N*P'/ j�7 l T Ei l 9 T 1�fi1� l loll . Generap Contractors and Construction Managers 290 North f 6arrk Road Ie.f: 914-562.5621 Newburgh, NY 9 2550 Fax:414-569-8997 i 4. The Contractor further agrees that he will begin his work within ten (10) days of the date hereof and complete the whole work within the times as specified in the Instructions to Bidders. 5. Payments shall be made for 95% of all work completed by the first of each month as verified by the Engineer. No payments shall be made for any material unless incorporated in the work. The Owner will retain 5% of the amount of each estimate until final completion and acceptance of all work covered by this Contract at which time the final retainage (to be held by the Town for one year from the date of final acceptance) shall be reduced to,3%.. 6, This agreement shall bind the Successor, assigns, and representatives of the parties thereto: IN WITNESS WHEREOF, this Agreement has been duly executed by the Owner and the Contractor on the day and year first written above. Town of Wappinger BY: rvisor ......... Neuss Construction, Inc. BY: /V/ Contractor 7 President 0j, CA-2 ACKNOWLEDGMENT BY CONTRACTOR STATE OF NEW YORK COUNTY OF DUTCHESS SS. ON 2001, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE, SAME IN HIS CAPACITY, AND THAT BY I-US SIGNATURE ON THE INSTRUMENT, THE INDIVIDUAL, OR THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL ACTED, EXECUTED THE INSTRUMENT. NOTARY PUBLIC At SERT P. ROBERTS ACKNOWLEDGMENT OF TOWN SUPERVISOR NMARY PUBIC, State of New York Oti3l'ifiedbra OtitchessCotirity ,,, 'n? STATE, OF NEW YORK ) Commission Expires Feb. 28,20 SS) COUNTY OF DUTCHESS) ON. '—/.....e", 2001,BEFORE ME,THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED CONSTANCE O. SMITH, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTURMENT AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SANffi IN HER CAPACITY, AND THAT BY HER SIGNATURE ON THE INSTRUMENT, THE INDIVIDUAL, OR THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL ACTED,EXECUTED THE INSTRUMENT. iY NOTARY PUBLIC SEAL At BEPT P POPF:RTS CA -3 NOTARY PuBuc, Stale of New York Oualifted m Ouichess County Commission Exp�res Feb. 28, 20 i` TYPICAL BID BOND AND PERFORMANCE BOND INFORMATION TYPICAL BID BOND B-1 PERFORMANCE BOND INFORMATION B-2 i B - 1 BID BONDS f Known all men by these presents, that we, the undersigned, as principal, and as surety, are hereby held and firmly bound unto as Owner in the penal sum of for payment of which, well and truly to be 6 made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of The conditions of the above obligation is such that whereas the principal has submitted to the Town of Wappinger a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the performance of culvert replacement projects in the Town of Wappinger. Now therefore, f A. If said bid shall be rejected, or in the alternate, B. If said bid shall be accepted and the principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said bid, 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. 6 B -2 The surety, for value received, hereby stipulates and agrees that the obligations of said surety and its bond agrees 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 the surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal 3 Surety BY: f B - 3 E� PERFORMANCE BOND INFORMATION I r B -4 PERFORMANCE BOND FORM t PROJECT: DEGARMO HILLS ROAD CULVERT REPLACEMENT TOWN OF WAPPTNGER CONSTRUCTION CONTRACT No.: 98-003(59) NAME OF CONTRACT: DEGARMO HILLS ROAD CULVERT REPLACEMENT NAME OF CONTRACTOR: ADDRESS: BONDING COMPANY OR PERSON ISSUING SECURITY BOND: BONDING COMPANY AGENT: ADDRESS: TELEPHONE NO.: AMOUNT OF BOND: $ DURATION OF BOND: FROM to IDENTIFICATION NUMBER OF BOND: B - 5 NOTICE OF AWARD DATED: TO: (BIDDER) OWNER'S PROJECT NO.: 98-003 (59) CONTRACT FOR: DEGARMO HILLS ROAD CULVERT REPLACEMENT INSTALLATION OF PRECAST CONCRETE AND ALUMINUM BOX CULVERTS WITH HEADWALLS AND RESTORATION. YOU ARE NOTIFIED THAT YOUR BID DATED 2001 FOR THE ABOVE CONTRACT HAS BEEN CONSIDERED. YOU ARE THE APPARENT SUCCESSFUL BIDDER AND HAVE BEEN AWARDED A CONTRACT FOR: (INDICATE TOTAL WORK, ALTERNATIVES OR SECTIONS OF WORK AWARDED) THE CONTRACT PRICE FOR YOUR CONTRACT IS DOLLARS ($ YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS PRECEDENT WITHIN FOURTEEN (14)DAYS OF THE DATE OF THIS NOTICE OF AWARD,THAT IS BY 1. YOU MUST DELIVER THE CONTRACT SECURITY(BONDS)PRIOR TO THE CONTRACT AGREEMENT EXECUTION AS SPECIFIED IN THE INSTRUCTION TO BIDDERS AND GENERAL PROVISIONS. 2. OBTAIN THE NECESSARY INSURANCE AS SPECIFIED IN THE INFORMATION TO BIDDERS AND SUBMIT INSURANCE CERTIFICATES. 3. YOU MUST MAKE YOURSELF AVAILABE TO EXECUTE THE CONTRACT AGREEMENT AT A LOCATION TO BE NAMED BY THE OWNER IN A TIMELY FASHION. FAILURE TO COMPLY WITH THESE CONDITIONS WITHIN THE TIME SPECIFIED WILL ENTITLE OWNER TO CONSIDER YOUR BID ABANDONED,TO ANNUL THIS NOTICE OF AWARD AND TO DECLARE YOUR BID SECURITY FORFEITED, TOWN OF WAPPINGER BY: (AUTHORIZED SIGNATURE) (TITLE) NOA- 1 NOTICE TO PROCEED DATED: TO: (BIDDER) OWNER'S PROJECT NO.: 98-003(59) CONTRACT FOR: DEGARMO HILLS ROAD CULVERT REPLACEMENT INSTALLATION OF PRECAST CONCRETE AND ALUMINUM BOX CULVERTS WITH HEADWALLS AND RESTORATION. YOU ARE NOTIFIED THAT THE CONTRACT TIME UNDER THE ABOVE CONTRACT WILL COMMENCE TO RUN ON . BY THAT DATE,YOU ARE TO START PERFORMING THE WORK AND YOUR OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE DATES OF SUBSTANTIAL COMPLETION AND FINAL COMPLETION ARE SET FORTH IN THE INFORMATION TO BIDDERS; l THEY ARE AND RESPECTIVELY. TOWN OF WAPPINGER(OWNER) BY: (AUTHORIZED SIGNATURE) (TITLE) NTP -1 CHANGE ORDER NO, DATE: ENGINEER'S PROJECT NO.: 98-003(59) PROJECT: DEGARMO HILLS ROAD CULVERT REPLACEMENT NATURE OF CHANGES: ENCLOSURE: ADJUSTMENT OF CONTRACT AMOUNT: ORIGINAL CONTRACT AMOUNT: $ PRIOR CHANGE ORDER(+--}: $ THIS CHANGE ORDER(+,-): $ REVISED CONTRACT AMOUNT: $ ADJUSTMENT OF CONTRACT TIME: CONTRACT TIME PRIOR TO THIS CHANGE ORDER: (DAYS OR DATE) NEW(INCREASE)(DECREASE)RESULTING FROM THIS CHANGE ORDER (DAYS) CURRENT CONTRACT TIME INCLUDING THIS CHANGE ORDER (DAYS OR DATE) OTHER CONTRACTS AFFECTED: SUBMITTED BY: DATE (Engineer's Signature) APPROVED BY: DATE (Owner's Signature) ACCEPTED BY: DATE (Contractor's Signature) DISTRIBUTION: OWNER[ ] CONTRACTOR[ ] ENGINEER[ ] FIELD REPRSENTATIVE [ ] OTHER f CO- I PERMITS 1 f - P - 95-213550-6(1C190).25c R3 NEV/YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIUN OEG PERMIT NUMBER EFFECTIVE OATEN 3-1 356 00187100001 � December.:), 1998 F ".ITYIPROGRAM NUMBER(s) EXPIRATTON DATE Under the Environ PERMIT December 31, 1999 ntal ervation Law(ECL) TYPE OF PERMIT(Check All Applicable Saxes) � New ❑ Renewal ❑ Madificaticn ❑ Permit to Construct C! Permit to Operate Fx--] Article 15, Title 5: ElArticle 17, Titles 7, 8: Article ou Title 6 373: Protection of Water SPDES Hazardous Waste Management F-1 Article 15, Title 15: Article 19; Article 34; Water Supply Air Po{lution Control Coastai Erosion Management F-1 Article 15, Title 15: Article 23,Title 27: Article 36: Water Transport Mined Land Reclamation Floodplain Management ALong Island Wells rticle 15, Title lis Article 24: El Articles 1,3, 17 19, 27, 37;6NYCRR Freshwater Wetlands 380.Radiation control Article 15,Title 27: Article 26: Other Wild, Scenic& Recreational Rivers Tidal Wetlands 6NYCRR 648: Arttcte 27,Title 7; 6NYCRR 36C: Water Quality Certification Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Town of Wa in er 914 297-9451 ADDRESS OF PERMITTEE 20 Middlebush Road, PO Sox 324, Wappingers Palls NY 12590 C""YACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER lam Poster- Su erintendent of Highways 914 297-9451 NAME AND ADDRESS OF PROJECTIFACILITY DeGarmo dills Road - 1,000 feet south of intersection with NYS Route 376. LOCATION OF PROJECTIFACILnY Unnamed tributary to Wappinger Creek COUNTY TOWN WAT5RC0URSEIWE7LAND No. NYTM COORDINATES Dutchess Wa in er H-101-4-3 Class $ E: 594.4 N: 4607.7 OF ECRIPT10N OF AUTHCRIZEC ACTIVITY Replace two existing culverts with a single 4 feet x 16 feet precast concrete box culvert in an unnamed tributary to Wappingers Creek, accordance with the plan and narrative referenced in Special Condition No. 1 and as conditioned in this permit. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliancy; with the ECL, all applicable regulations, the General_Conditions specified and any Special Conditions included as part of this permit. ([ PERMIT ADMINISTRATOR � AOORES5 V%fiIliam F. Steidle 21 South Putt Corners Rd., New Paitz NY 12561 vr rsb AUTHORIZED SIG,VATLIREl Date t iY (_-lam / / ~� � T�G Page 1 Of wapping,prrlt 0) ADI]IT]ONAL GENERAL.CONDITIONS FOR., -'ICLES 15 (TITLES), 24.25,34,36 AN 6NYC RR P,.,,C 608 Protection of Water 9. If future operations by the State of New York require an alteration in 4. All necessary precautions shall be taken to preclude contamination the position of the structure or work herein authorized, or if, in the of any wetland or waterway by suspended solids, sediments,fuels, opinion of the Department of Environmental Conservation it shall solvents, lubricants, epoxy coatings, paints, concrete, leachate or cause unreasonable obstruction to the free navigation of said waters any other environmentally deleterious materials associated with the r flood flows or endanger the health, safety or welfare of the people project. ,f the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove 5. Any materia!dredged in the prosecution of the work herein permitted or alter the structural worn, obstructions,or hazards caused thereby shall be removed evenly,without leaving large refuse piles, ridges without expense to the State, and if, upon the expiration or across the bed of a waterway or floodplain or deep holes that may revocation of this permit, the structure, fill, excavation, or other have a tendency to cause damage to navigable channels or to the modification of the watercourse hereby authorized shall not be banks of a waterway, completed,the owners, shall,without expense to the State,and to such extent and in such time and manner as the Department of 6, There shall be no unreasonable interference with navigation by the Environmental Conservation may require, remove all or any portion work herein authorized. of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall 7. if upon the expiration or revocation of this permit, the project hereby be made against the State of New York on account of any such authorized has not been completed, the applicant shall, without removal or alteration. expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may 2. The State of New York shall in no case be liable for any damage or require, remove all or any portion of the uncompleted structure or fill injury to the structure or work herein authorized which may be and restore the site to its former condition. No claim shall be made caused by or result from future operations undertaken by the State against the State of New York on account of any such removal or for the conservation or improvement of navigation, or for other alteration. purposes, and no claim or right to compensation shall accrue from any such damage. B. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project 3. Granting of this permit does not relieve the applicant of the will not contravene effluent limitations or other limitations or responsibility of obtaining any other permission, consent or approval standards under Sections 301, 302,303, 306 and 307 of the Clean from the U.S.Army Corps of Engineers,U.S.Coast Guard,New York Water Act of 1977 (PL 95-217) provided that all of the.conditions State Office of General Services or local government which may be listed herein are met. required. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by On SPECIAL CONDITIONS ♦ The permittee or a representative shall contact by telephone, the Division of Law Enforcement in New Paltz (814) 256-3013, 48 hours prior to the commencement of any portion of the project authorized herein. 1 The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands and complies with this permit, including all special conditions to prevent environmental degradation. 1 For Article 15, Protection of Waters permits, the permittee or an authorized representative shall notify the Department by mailing the attached form at least 48 hours prior to the commencement of any portion of the project authorized herein. Continued on next page.- DEC PERMIT NUMBER 3-1356-00185/00001 -�GRAWFAGILITY NUMBER PAGE 3 OF 4 apage,frm (10197) PAGGI, MARTIN & DEL BENE LLP Consulting Engineers &LaTtd S'u.roeyors 54-56 Main Street Poughkeepsie, New York; 12601 914-471-7898 914-471-0905 {FAY) October 29, 1998 New York State Department of Environmental Conservation Division. of Environmental Permits -Region 3 21 South Putt Corners Road New Paltz, New York 12561-1696 Attention: Scott Ballard Reference: NYSDEC Application No, 3-1356-00187/00001 Proposed Culvert Replacement-DeGarmo Hills Road Town of Wappinger, Dutchess County Dear Mr. Ballard: We have reviewed you comments contained in the Notice of Incomplete Application dated October 15`x, 1998, and offer the following responses in the same numerical order as your comments: 1. Our plan has been revised to show a single 4' x 16' precast concrete box culvert. The total drainage area tributary to this culvert is approximately 400 acres. One hundred. acres consists of 1/2 - 3/4 acre residential parcels. A New York State designated wetland HJ-2, encompassing roughly 18 acres is located within the drainage area. The remainder of the area consists mainly of woods and brush with some residential homes and roads. Our TR-20 analysis resulted in a flow of 400 efs to the culvert during a 25 year storm event. In order to transport this flow with the limited head available, a 16 foot wide box is required. The proposed culvert inlet elevation has been set l.Q± feet below the existing stream bed elevation to increase the available head. This office has investigated other types of culverts for this application, including a aluminum box culvert and 3-sided precast concrete box culvert. These t-wo options would increase the material costs alone by $8,00000 - $10,000.00. When we include the installation costs, the total construction cost exceeds the available funding (NYSDOT Multi-iViodal Program - Town funds). As noted previously, the inlet side of the culvert will b , set about 1.0' below existing stream bed elevation. However, the culvert outlet will riot set below the strearn elevation. Joseph E. Paggi,Jr., P.E. Ernst Martin,Jr-P,E„L.S. Charles It. Del Scott Ballard - 2 - October 29, 1998 RE: DeGarmo Hills Road As you can see, there exists a rather large pool at the outlet, which would create a high tailwater condition on the culvert outlet if it was set below the stream elevation. The tailwater condition would change the hydraulics of the culvert, causing an unacceptable headwater condition, thereby requiring a larger culvert. 2.a. The coffer dam has been revised from earth to sandbags filled with a sandy gravel material_ b. The by-pass pump discharge had been relocated downstream of the project area and the sediment trap has been removed. c. The hay bales and silt fence have been removed. d. A stockpile area for excavated stream bed material has been shown. All other material shall be loaded directly onto trucks when excavated. The bedding and backfill material will be delivered to the site when needed, and if necessary, stockpiled on the road. The road will be closed during construction. 3. The rip-rap aprons at the inlet and outlet have been removed. If you have any questions, please do not hesitate to call, and thanks for your assistance in this matter. Very truly yours, 6,LZ . Charles R. Del Bene, Jr., P.E. CRD:law Enclosure cc: Hon. Constance 0. Smith, Supervisor Hon. Vincent Bettina, Councilman Hon. Joseph Pacloni, Counciiman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Hon. Elaine Snowden Graham Foster f { ji T 7 SMCN SCAU; VE HC I LOCATION MAP SCALE 1"=100C F �Ttt.CQ�JA 1'Aa'0�CWIR�I `—I6 Tilt Eaff7m con" T41 � i oJ.N RA K A!M'�b lQr CI lyylM if ORAP40aE amm"Glom Mp FOR DEC/AM HLLS RM TOM OF WMPOMM Mrom a OWNTY, WN raw PAGGL MARTIN&DEI.BENE m meg' CAM-irta.....axMidam.� gp' si.ss>rwr�r rn�aar 1'UUC .1'iR9V YT7Ci 15x1 MINORITY /WOMEN BUSINESS ENTERPRISES =s WWBE MINORITY &WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION PLAN STATEMENT OF POLICY: It is the policy of the Town of Wappinger that Minority Business Enterprises and Women-Owned Business Enterprises (MBEs/WBEs) shall have the maximum opportunity to participate in the performance of contracts let by the Town and,that through the implementation of this policy, the Town commits itself to a goal-oriented MBE/WBE program as more specifically described herein. GUIDELINES: 1. Administration: a. The apparent lowest bidder for each prime contract proposed to be let shall develop and submit to the Town within seventy-two(72) hours (three (3) working days)following receipt of bids a detailed schedule of MBE/WBE participation including: 1. The names of MBEs/WBEs proposed to be used as contractors; 2. A general description of the work each is to perform; 3. The dollar values of each proposed contract with an MBE/WBE; 4. Verification of attempts to solicit qualified M/WBE contractors &suppliers. 5. Subcontractors to prime contractors shall adhere to participation goals put forth in prime contracts. 6. Subcontracting shall reflect normal practices followed by the professional and trade elements of the construction industry. 2. Participation Goal: a. The optimum MBE participation goal for Town public procurements is 15%. b. The optimum WBE participation goal for Town public procurements is 5%. c. The combined MBE/WBE goal shall be 20%. d. The optimum Minority Employment Participation is 10%. e. The optimum Female Employment Participation is 10%. 3. Notice to Proceed on the Part of the Contractor: a. Prior to being issued a Notice to Proceed the awarded contractor must have entered into or have made good faith efforts to secure MBE/WBE contracts as proposed during the bidding process and submitted evidence of same to the Town. { M/WBE- 1 4. Procedures the Prime Contractor Must Follow: a. Such positive efforts shall include but not be limited to: 1. Attendance at timely pre-bid meetings scheduled by the Town. 2. Advertising, contracting opportunity for MBEs/WBEs in a newspaper of general circulation. The bid due date and reasonable MBE/WBE response due date must be specified in the advertisement. The advertisement must be for specific contracts which are described in reasonable detail; 3. Notifying minority contractor association(s) located within Dutchess County of the availability of contracting opportunities (see enclosed "Solicitation Letter'). The notification must be by certified mail and should be received by the addressee associations in time to permit effective MBE/WBE participation, The MBE/WBE response due date must be specified in the notifications. The solicitation must be for specific contracts and the work to be performed must be described as accurately as possible and in reasonable detail; 4. Where technically feasible, segmenting the work to be contracted to accommodate the size and capabilities of available minority contractors; 5. Treat MBE/WBE proposals in accordance with generally accepted industry practice; 6. Inform the Town of any changes in its detailed schedule of MBE/WBE participation; 7. Maintain documentation that will demonstrate good faith efforts to retain MBEs/WBEs; 8. Make good faith efforts to replace an MBE/WBE contractor that is unable to perform successfully with another MBE/WBE; 9. Notify the Town of any suspected instances of companies fraudulently claiming MBE/WBE status. 10. If possible, provide any needed technical assistance to MBEs/WBEs under contract; It. If possible,aid proposed MBE/WBE subcontractors in obtaining necessary bonding; 12. Design payment schedules to minimize cash flow problems faced by MBEs/WBEs. M/WBE--2 13. RecordkeepinQ; a. All Contractors are required to maintain accurate and complete records to reflect the (1)name of the MBE/WBE, (2) individual contacted, (3) description of the work to be done, (4) quotation or proposal received(if any), and(5) description of follow-up actions. In the event an interested MBE/WBE will not be utilized, the record of contact with that firm should include an explanation of the reason(s) why the firm will not be used. b. Contractors will be required to maintain for three (3) years such records as are necessary to determine compliance with their MBE/WBE obligations and to submit regular reports to enable the Town to monitor this compliance. 5. Procedure the MBEIWBE Must Follow: a. Such positive efforts shall include but not be limited to: 1. The establishment through registration that the company is a bonafide MBE/WBE; a. MBE/WBE eligibility status shall be reviewed annually by the Town. b. Verification o{Business Residence—The MBE/WBE firm shall maintain a business location designated by full street address and telephone services to the business requesting certification and contract negotiations. 2. The MBE/WBE shall exhibit an interest in bidding a particular project by attending a pre-bid conference and/or be responding timely to contractor solicitations for bid quotations prior to the bid date (see attachments A, B and C herein). 6. Procedures the Town Must Follow: a. Such positive efforts shall include but not be limited to: 1. Town is mindful of its obligations to adhere to the provisions of Sec. 109 of the General Municipal Law with respect to the granting of approval of the subletting of contractors by prime contractors; 2. Town shall develop programs which will insure the MBEs/WBEs are informed in the most direct and noticeable manner of public contracting opportunities; 3. Making available plan holder lists to any association; 4. Making available plans and specifications for review and for estimating purposes by MBEs/WBEs. 7. Sanctions to be Issued by the Town. a. If the Contractor cannot meet the goal,be must document to the Town that he has made all positive efforts to achieve it. Failure to meet the goal or to document all positive efforts have been made to achieve it may result in the Town invoking any legal or { equitable remedy available to the Town for breach of contract including withholding future payments under the contract involved, disqualification of the Contractor from future contracting opportunities for a period not to exceed two years; and cancellation of the contract and declaration of forfeiture of performance bond. MIWBE—3 SO.LICIATION LETTER REFERENCE: DeGarmo Hills Road Culvert Replacement Town of Wappinger Dutchess County,New York Dear MBE/WBE: We are currently bidding on the above referenced project and soliciting bid quotations or proposals from qualified MBE/WBE firms for any portions of the work contained in this Contract. ITEM DESCRIPTION QUANTITY PROJECT START DATE 1, 2. 3. 4. 5. Workplans and Specifications are available at our office for your review. If you are interested in participation on this project, please complete and submit a copy of the MBE/WBE Contracts Participation Bid/Proposal and Letter of Intent no later than [Attachment(A&B)]. If you need additional information or wish to review the Construction Plans, please contact Of our office at In the event that you cannot bid on this Contract,please complete the attached Minority/Women Contractor Unavailability Certification Form. (Attachment C). Very truly yours, Contractor f MIWBE—4 ATTACHMENT A I MBE/WBE CONTRACTOR PARTICIPATION PROPOSAL REFERENCE: DeGarmo Hills Road Culvert Replacement Town of Wappinger Duitchess County,New York (NAME OF PRIME BIDDER/CONTRACTOR) proposed to work as follows: (NAME OF FIRM) TYPE OF WORK UNIT PRICE QUANTITY TOTAL DOLLAR AMOUNT (NAME OF MBE/WBE CONTRACTOR) (SIGNATURE OF MBE/WBE CONTRACTOR) M/WBE—5 ATTACHMENT B l MINORITYIWOMEN CONTRACTOR PARTICIPATION LETTER OF INTENT Grantee: Town of Wappinger Address: 20 N iddlebush Road/P,O. Box 324/Wappingers Falls, New York 12590 REFERENCE: DeGarmo Hills Road Culvert Replacement Town of Wappinger/Dutchess County,New York Dear Grantee: I intend to perform for (NAME OF FIRM) located at (NAME OF CONTRACTOR) (ADDRESS) in connection with the above project. My Minority/ (TELEPHONE NUMBER) Women Business Enterprise (MBE/WBE) status as MBE( )AND/OR WBE{ ) Is certified as of (DATE) (NAME OF FIRM) Is prepared to perform the following: DESCRIBE WORK TO BE PERFORMED ON THE UNIT TOTAL ABOVE PROJECT PRICE AMOUNT You have projected for such work to start (COMMENCEMENT DATE) (NAME OF FIRM) will sign a formal Contractor for the above work conditional upon the approval of your executed Contract with the Grantee. (MBE AND/OR WBE)CIRCLE ONE (CONTRACTOR) (ADDRESS) (ADDRESS) (TELEPHONE NUMBER) (TELEPHONE NUMBER) (SIGNATURE OF MBE/WBE) (SIGNATURE OF CONTRACTOR) (NAME) (TITLE) (NAME) (TITLE) (DATE) (DATE) M/WBE-b ATTACHMENT C: ( MINORITY/WOMEN CONTRACTOR UNAVAILABILITY CERTICATION REFERENCE: DeGarmo Hills Road Culvert Replacement Town of Wappinger Dutchess County,New York of. (PRINCIPAL OF PRIME CONTRACTOR) (TITLE) (NAME OF CONTRACTOR'S FIRM) (ADDRESS) certified that on (TELEPHONE NO) (DATE) Contacting the following Minority/Women Business Enterprises Contractor by registered mail to obtain Bid for work Item to be performed on the DeGarmo Hills Road Culvert Replacement. Area of work MBE/WBE were asked to bid on: To the best of ray knowledge and beliefsaid Minority/Women Business Enterprises Contractor was unavailable for work on this project, or unable to prepare a Bid, for the following reason(s) To be filled out by M/WBE Did not have capability of performing the work sought. Contract too small Location too remote Received solicitation notice too late. Other(Give Reason) (SIGNATURE OF MINORITY/WOMEN BUSINESS CONTRACTOR) (TITLE) (DATE) 4 M/WBE -7 PREVAILING WAGE RATES PWR NEW YORK STATE DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 SCHEDULE 20,00A 4 Date 02/23/01 T/0 WAPPINGER PRC 0102389 DUTCHESS COUNTY 01 CHARLES R. DEL BENE,JR . ,P.E. Location andTlof Project FAGGI , MARTIN & DEL BENE LLF PROJECT ID #: �JONE 56 MAIN STREET CULVERT REPLACEMENT DEGARMO HILLS ROAD POUGHKEEPSIE NY 12601 WAPPINGER,NY DUTCHESS CO. In response to your request; enclosed is the schedule of the prevailing hourly wage rates and the prevailing hourly supplements for the above project, together with copies of the Notice of Contract Let (PH-16) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT WHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance with Article 8 of the NYS Labor Law, which provides that it shall be the duty of the fiscal officer- to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedules with the Department having jurisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Work. 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 rate. If there is a question on the proper classification to be used, please call the district office located nearest the project. This schedule is effective from July 1, 2000 through .lune 30, 2001 . A new AR dated schedule will automaticall be mailed to ou each Jul 1 until we are no_ a ie a e pronec , is comp e e or Cance e JURISDICTION9TOARECEIVETAND SECTION 220 OF4PAYROLL RECORDS DEPT. OF IHNEE FROM THE DATE OF COMPLETION OF THE WORK IN THE AWARDED CONTRACT. Very truly yours, Kevin E. Jones DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this project, enter the necessary information and return this page to Bureau of Public Work, Bldg. 12, Rm. 130 S08C, Albany, NY 12240 . PROJECT HAS BEEN COMPLETED/CANCELED: Date Signature Title For additional information, contact our local District Offices: Albany (518) 457-2744 Syracuse (315) 428-4056 Binghamton (607) 721-8005 Rochester (716) 258-4505 Buffalo E716) 847-7159 Utica (315) 793-2314 Hempstead (516) 485-4878 White Plains (914) 997-9507 New York City (212) 352-6088 PW-200 (7-00) CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission appointed pursuant to law is a party and which may involve the employment of laborers, workers or mechanics, shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law: 1 . No laborer, worker or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. 2. Each laborer, worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the wage schedule provided by the Department, Bureau of Public Work. The prevailing rate of wage shall be annually determined no later than thirty days prior to July 1st of each year. The prevailing rate of wage for the period commencing July first of such year through June thirtieth, inclusive of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly ascertainable from such collective bargaining agreements. (See Sections 220.3, 220.5) 3. It shall be the duty of the department of jurisdiction to file with the fiscal officer, the classification of workers mechanics and laborers to be employed on a public work project, together with a statement of the work to be performed by each classification. (See Section 220 .3-a) 4. The contractor and ever subcontractor shall post in a prominent and accessible place at the work site a statement of all wage rates and supplements to be paid or provided for the various classes of mechanics, workers or laborers. (See Section 220 .3-a) S. No employee shall be deemed to be an apprentice unless individually registered with the New York State Department of Labor. The allowable ratio of apprentices to journey- level workers in any craft classification shall not be greater than the ratio permitted to the contractor as to its work force on any job under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailing wage and supplement rate for the 4ourney level classification of work actually performed. he contractor or subcontractor will be required to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and wage and supplement rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220 .3-e) 6 . (a) 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 . (See Section 220-e(a) ) (b) 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. (See Section 220-e(b) ) Note: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract . (Section 220-e(c) ) I (d) The contract may be cancelled or terminated by the State or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or anysubsequent violation of the terms or conditions of the antidiscrimination sections of the contract. (See Section 220-e(d) ) 7 . (a) All contractors or their subcontractors shall provide to their subcontractors a copy of the prevailing wage 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 or the Labor Law. (See Section 220-e(d) ) (b) All subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the origginal schedule and any subsequently issued schedules, shall provide to such contractor a verified statement attesting that the subcontractor has received the wage schedule and will pay or provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PW-3 (8-99) . r ATTENTION: ALL CCNTRACTCRS AND SUBCONTRACTORS ENGAGED ON PUBLIC HORK PROJECTS IN NEW YORK STATE INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects . { HOURS: A laborer, worker or mechanic is permitted to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as a fire, flood or danger to life or property. You may apply to the Bureau of Public Hark 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 provided for 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 prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction ( i .e. , the governmental entity awarding the public work contract) , or to a subcontractor by the prime contractor, the a licable schedule must be obtained from the De artment of Jurisdiction, who mus ma a wri en app 3ca ion o e bureau o u zc or Labor Department, Building No. 12, State Office Building Campus, Albany, New York 12240. The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and subcontractor must keep originals or transcripts of payroll records, showing for each person employed on public work, the following: 1 . Name 2. Address and phone number 3. Social Security Number, 4. Occupational classification in which worked, 5. Hourly wage rate paid 6. Supplements provided 7 . Daily and weekly number of hours worked in each classification 8. Deductions made 9. Actual wages paid_ When payroll records are requested by the Commissioner, each payroll record must be affirmed as true under the penalties of perjury which means a notarized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds $25,000. All other contractors and subcontractors must, within 5 days after a request, produce at the work site the original payrolls or transcripts. Every contractor and subcontractor shall submit to the Dept. of Jurisdiction { within thrity days after issuance of it's first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under penalty o per er uryy as provided by Article 8, Section 220, of the NYS Labor Law. The DEPAPMENf OF JURISDICTION shall receive and maintain such payroll records. The original payrolls and transcripts must be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on the site of the public work project_ APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required to furnish written evidence of the registration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to journeymen in any craft classification can be no greater than the ratiopermitted to the contractor or subcontractor as to its work force on any job under the registered program. An employee listed on a payroll as an apprentice, who is not registered as above, must be paid the prevailing journeyman's wage rate for that classification of work. (See attached sheet detailing Apprentice to Journeyman ratios) WITHHOLDING OF PAYMENTS : When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or 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 may 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. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added at the rate then in effect 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 of the new payment, and may also include the imposition of a civil penalty not to exceed 25% of the amount due . DEBARMENT : When final determinations have beer made against a contractor or subcontractor in two instances within a six-year period determining that it willfully failed to pay or provide the prevailing rate of wages or supplements, or if there is one wilful violation that involves falsification of payroll records or kickback of wages, such contractor or subcontractor will be ineligible to bid on or be awarded a public work contract for a period of five years from the second final determination. CRIMINAL SANCTIONS: Willful violations of the Prevailing. Wage Law (Article 8 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 . Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment or employment training centers, notices furnished by the State Division of Human Rights . POSTING OF OTHER NOTICES: Every employer providing worker's compensation insurance and disability benefits mustpost in a conspicuous place notices of such coverage in a form prescribed by the Workers' Compensation Board. Employers liable for contributions under the Unemployment Insurance Law must conspicuously post notices furnished by the State Department of Labor. PW 19 (7-99) docm: letter2b { NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (X) AS NOTED ON PREVAILING RATE SCHEDULES PAGES . The annual determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state will he published on May 31st of each year. These new rates will be in effect July lst thru June 30th. This new determination will supersede the original schedule or any prior issued annual determination. It is the responsibility of the contracting agency or its agents to provide all prevailing rate schedules to contractors immediately upon receipt. Any rate chap e from a reviousl issued determination becomes effective Jul s re ar ess o w e er a new a termination as een receive e con rac or. 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 that additional adjustments become effective. PW-202 (4-95) docm: letterd E VERIFYING THE REGISTRATION APPRENTICES Certain State and Federal Laws require that apprentices must be individually registered as such in order to be paid apprenticeship rates on Public Work . The New York Labor Department is the official registration agency for { apprentices in Mew York State. No other Federal or State Agency or office registers apprentices in New York State. Each year the apprentice trainingg central office in Albany receives hundreds of requests from Federal and State Agencies, Contractors, and other interested parties requesting verification of individual apprentice registrations . The following information is provided in order to clarify New York State procedures. All registered apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, .lob Service and Training Division, Building 12, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any individual is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards or, copies of state farms are not conclusive proof of the registration of any individual as an apprentice. PW-203 (7-99) doom: letter2e NEW YORK STATE DEPT. OF LABOR Bureau of Public Work G State Office Building Campus - b Albany, NY 12240 YJF'T T/O WAPPINGER Schedule Type Date COMPLETE 2000A 02/23/01 Prevailing Rate Case No. CHARLES R. DEL BENE,JR.,P.E. FAGGI, MARTIN 8 DEL BENE LLF 56 MAIN STREET 0102389 01 PROJECT ID #: NONE POUGHKEEPSIE NY 12601 CULVERT REPLACEMENT DEGARMO MILLS ROAD OUTCHESS COUNTY WAPPINGER,NY AGY. of JURIS- : TOWN NAT. OF PROJECT: HEAVY & HWY CONS-NEW & REPAIR Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec. 220.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH prime contract let immediately upon notifying a successful bidder for this Public Work project. Photocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above ❑ Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. ❑ CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) ❑ Letter of Intent El contract Signed ❑Resolution Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE ❑ (01) General Construction ❑ (02) Heating/Ventilation ❑ (03) Electrical ❑ (04) Plumbing ❑ (05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED CONTRACTOR'S TELEPHONE* Federal Employer Identification Number: ( ) — Name: Address: City: State: Zip: Amount of Contract Approximate Starting Date: / Approximate Completion Date: Estimated Date Entire Project Will be Completed: I ! CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) ❑ (01) General Construction ❑ (02) Heating/Ventilation ❑ (03) Electrical ❑ (04) Plumbing ❑ (05) Other Signature Date PW-16 (7-00) Prevailing Rate Schedule Page 1 New York State Departmentof Labor -----------------------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A ---------------------__------------------------------------------------------------ INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. Note: 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 (this may include 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 When you review the schedule for a particular trade or occupation, your attention should be directed to the date above the column(s) of rates. This is the date on which the rate become 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. The department of jurisdiction is required to provide a copy of the current annual determination. Should you have questions, please contact the Bureau of Public Work or visit the NYS Department of Labor's Web site at www. labor.state.ny.us for current wage rate information. WORKERS COMPENSATION In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage under the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. -Contractor to be awarded contract musk provideproof of Workers' Compensation coverage prior to being allowed to begin work. -The policy of insurance must be issued by a company authorized to provide Workers' Compensation coverage in this state. 1 Prevailing Rate Schedule Page 2 New York State Department of Labor -----------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A {` ----------------------------------- ------------------------------------------ -Proof of coverage must be on form C-105.2 (Certificate of Workers ' Compensation Insurance) and must name this agency as a certififcate holder. -If New York State coverage is added to an existinout of state policy, it can only be added to a policy of a company authorized to write Workers ' Compensation coverage in this state, and the coverage must be listed under item 3A of the information page. -The contract must maintain proof that subcontractors doing work covered under this contract secure and maintain a Workers' Compensation policy for all employees working in New York State. If you have any questions concerning the attached schedule or would like additional information, please contact nearest BUREAU of PUBLIC WORK District Office or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC WORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEW YORK 12240 . District Office Locations: Telephone# FAX # Bureau of Public Work - Albany 518-457-2744 518-485-0240 Bureau of Public Work - Binghamton 607-721-8005 607-721-8004 Bureau of Public Work - Buffalo 716-847-7159 716-847-7650 Bureau of Public Work - Hempstead 516-485-4878 516-485-0322 Bureau of Public Work - Rochester 716-258-4505 716-258-4708 Bureau of Public Work - Syracuse 315-428-4056 315-428-4671 Bureau of Public Hark - Utica 315-793-2314 315-793-2342 Bureau of Public Work - Hhite Plains 914-997-9507 914-997-9523 Bureau of Public Work - New York City 212-352-6088 212-352-6186 Bureau of Public Work - Central Office 518-457-5589 518-485-1870 (7/06/99) 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 OVERTIME 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. ( B ) Time and one half of the hourly rate after 8 hours per day. ( B1) Time and one half of the hourly rate for the 9th 3 10th hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours . ( C ) Double the hourly rate after 7 hours per day. ( Cl) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( 01 ) 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 . ( E2) Saturday may be used as a make-up day at straight time when a day is lost durin that week due to inclement weather. ( E3) Between ovem er s and March 3rd Saturday may be used as a make-up day at straight time when a day is lost durin that weekdue to inclement weather, provided a given employee nas worse between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time { Page 3 Prevailing nate Schedule New York State Department of Labor ---------------------------------- aseNumber---------- ----- - 0102389 DUTCHESS 2000A when a clay is lost during that week due to inclement weather. ( F ) Time and one half o e hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays . ( H ) Time and one half of -the hourly rate on Saturday, Sunday, and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( J ) Time and one half of the hourly rate on Sunday and Holidays . ( K ) Time and one half of the hourly rate on Holidays . ( L ) Double the hourly rate on Saturday. ( M ) Double the hourly rate on Saturday and Sunday. ( N ) Double the hourly rate on Saturday and Holidays . ( 0 ) Double the hourly rate an Saturday, Sunday, and Holidays . ( P ) Double the hourly rate on Sunday. ( Q ) Double the hourly rate on Sunday and Holidays . ( R ) Double the hourly rate on Holidays. ( S ) Two and one half times the hourly rate for Holidays, if worked. ( S1) Two and one half times the hourly rate the first 8 hours on Sunday or Hoilidays. One and one half times the hourly rate all additional hours. ( T ) Triple the hourly rate for Holidays, if worked. ( U ) Four times the hourly rate for Holidays, if Harked. ( V ) Including benefits at SAME PREMIUM as shown for overtime. ( W ) Time and one half for benefits on all overtime hours. NOTE: BENEFITS are PER HOUR HORKED, for each hour worked, unless otherwise noted HOLIDAYS PAID Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perforin Hork. Note: 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 Hark performed on specified holidays. It is only required where the employee actually performs Hark 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 of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. T e�oTidays as listed below are to be paid at the wage rates at which the employee is normally classified. ( I ) None. ( 2 ) Labor Day. ( 3 ) Memorial Day and Labor Day. ( 4 ) Memorial Day and July 4th. ( 5 ) Memorial Da Julyy 4th, and Labor Day. ( 6 ) New Year's ay, Thanksgivingg Day, and Christmas Day. f 7 ) Lincoln's Birthday, Washington's Birthday, and Veterans Day. ( 8 ) Good Friday. ( 9 ) Lincoln's Birthday. ( 10 ) Washington's Birthday. ( 11 ) Columbus Day. ( 12 ) Election Day. f Page 4 Prevailing Rate Schedule New York State Department of Labor --------------------Case Number--------------- --------- 0102389 DUTCHESS 2000A ( ------------------------------------------------------------------------------- 4 ( 13 ) Presidential Election Day. ( 14 ) 1/2 Day on Presidential Election Day. ( 15 ) Veterans Day. ( 16 ) pay after Thanksgiving Day. ( 17 ) July 4th. ( 18 ) 1/2 flay before Christmas Day. ( 19 ) 1/2 Day before New Years Day. ( 20 ) Thanksgiving Day. ( 21 ) New Year's oay. ( 22 ) Christmas Day. ( 23 ) Day before Christmas . ( 24 ) Day before New Year's Day. ( 25 ) Presidents' Day. ( 26 ) Martin Luther King, Jr. Day. WAGES(per hour) 07/01/2000 Asbestos Worker. . . . . $ 34.81 X Additional $0 .50 per hour for work 30 feet or more above floor or ground level. OVERTIME PAY: See ( B ,E, Q, TX, V ) on OVERTIME PAGE. HOLIDAYS: TATD—; See ( 1 ) on HOLIDAY PAGE. UVERTIME: See [ 2X, 4, 6, 16, 25 ) on HOLIDAY PAGE. Labor Day triple time if worked. Apprentices: ( 1 ) year terms at the following percentage of journeyman's rate. lst 2nd 3rd 4th (of $28.60 base hourl rate, Plus 9.60% Plus $ .60 SUPPLEMENTAL BENEFITS: (per hour Harked) Journeyman $ 11 .78 Apprentice 1st year 6.01 2nd year 7. 16 3rd year 8.31 4th year 9.47 $-91 ASBESTUS HUHM--K Removal or WAGES(per hour) 7/01/200D Prevailing Rate Schedule Page 5 New York State Department of Labor - ---------------------------------Case Number---------------------------------- 0102389 DUCHESS 2000A -------------------------------------------------------------__---------------- Asbestos Worker: Removal $ Hazardous Abatement Only. . . . . $ 21 .35 only for the removal of insulation materials from mechanical systems which are not going to be scrappped. for all other removal work, please refer to the appropriate building laborer category. OVERTIME PAY: See ( B, E, Q, T ) on OVERTIME PAGE. HOLIDAYS: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 2, 4, 6, 25 ) code [� applies for 4, 6, 25 code I applies for 2 APPRENTICES: ( I ) year terms at the following percentage of Mechanic's wa e. Is yr. . . . . . . . . . . . . . . . .60% 2nd yr. . . . . . . . . . . . . . . . .70% SUPPLEMENTAL BENEFITS: (per hour worked) $ 6 .50 1-201co1+ BUILERMAKtN HAGES(per hour) 7-01-00- 9-01-00- 9-01-01- 8-31-00 8-31-01 8--31-02 Boilermaker. . . . . . . . . . .$ 34.00 $ 34.92 $ 35.86 OVERTIME PAY: See ( D, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 8, 16, 23, 24 ) on HOLIDAY PAGE. TIME: See ( 4, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th SUPPLEMENTAL BENEFITS: (per hour worked) $ 4.21 + $ 4.34 + $ 4.34 + 47 % of 47 % of 47 % of wage rate wage rate wage rate 4-5 ELEVAIUK HAGES(per hour) Prevailing Rate Schedule Page 6 New York State Department of Labor ___-----------------------------Case Number----------------------------------- 0102389 DUTCHESS 2000A - ------------------------------------------------------------ ------------- 7/01/2000 5/01/2001 5/01/2002 Elevator Constructor. . .$ 34. 165 35. 055 35. 945 "' " Helper. . 23. 92 24.54 25. 16 OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. RUE 7 Payee ( 5, 6, 16 ) on HOLIDAY PAGE. Overtime : See ( 5, 6, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 6 .985 7.245 7 .505 plus 6% of hourly rate for all hours worked. 1-138 ULAZiEH WAGES(per hour) 6/01/00 Glazier- - . . . . . . . . . 29.50 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. HOLIDAYS: FfDSee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the folowing percentage of Journeyman's wage. 1st 2nd 3rd 4th 4U7 5U7 60% B-07 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 18. 07 Appr 1st term 5.67 Appr 2nd term 6.67 Appr 3rd term 9 .46 Appr 4th term 13.22 9-1087 (DC9 NYC) GROUP #1 : General Laborer, Mason tenders, Carpenter Tenders, Labor Stripping and Cleaning Forms, Laborer Grading and Digging Ditches, Sweepers and Cleaners. GROUP # 2; Skilled Laborer, Hod Carriers Plasterers helpers, Scaffold Builders (padlock and self-supporting scaffold 146 or under all runways) , Mortar Mixers (machine and hand) , Concrete Mixers (byy machine under 21E) ,Vibrators, Form Setters, Handling Reinforcement Rods, iorkin 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. t Prevailing Rate Schedule Page 7 New York State Department of Labor ---------------------------------Case Number--------------------------__------ 0102389 DUCHESS 2000A GROUP # 3: Blaster, Laser Beam Oper. ,Asphalt Rakers & Drillers WAGES(per hour) 7/01/2000 6/01/2001 Building: GROUP # I . . . . . . . . . . . . . $ 21 .25 Additional GROUP # 2. . . . . . . . . . . . . 21 .75 $ 1 .25 Group # 3. . . . . . . . . . . . 22.25 OVERTIME PAY: See ( B, F, R ) on OVERTIME PAGE. PTIO S: See ( 1 ) on HOLIDAY PAGE. See(5,6)on HOLIDAY PAGE. APPRENTICES: ( 1000 HR. TERMS) s -2-n-E. 3rd. 4th. nb/ 65Y 75.7 857 SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 10 .40 Apprentices 6.35 1-1000 LABORER Building Laborer: ALL WORK RELATED WITH TOXIC OR ANY ASBESTOS OR HAZARDOUS MATERIAL. WAGES(per hr. ) 7/01/2000 All classifications. . . . .$ 27.20 OVERTIME PAY: See ( B, E Q ) on OVERTIME PAGE. FAiU S: See ( 1 j on HOLIDAY PAGE. AYS: See ( 5, 6 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 10.05 8-17tox us in HAGES(per hour) 7/01/2000 6/03/2001 Bricklayer. . . . . . . . . . . .$ 24.91X 26.06X Cement Mason (Bldg) . . . 2(4.91X 26.06)( Plasterer/Stone Mason. 2(4.91X 26.06X Pointer/Caulker. . . . . . . 24.91X 26. 06)( Additional $0 .30 per hour for power saw work )(Additional $0 .50 per hour for swing scaffold or staging work OVERTIME PAY-CEMENT MASON: See ( A, D1, E E2 Q ) on OVERTIME PAGE. OVERTIME ee , E2, Q ) on OVE�TIO PAGE. Prevailing Rate Schedule Page 8 New York State DepartmentofLabor ----------------------------------Case Number------ -_ - - -- 0102389 DUTCHESS 2000A - -r - ------------------- HOLIDAYS: PAID:See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE. Apprentices : ( 1/2 ) year terms at the fallowing percentage of Journeyman's wa e. is 2nd 3rd 4th 5th 6th 7th 8th SUPPLEMENTAL BENEFITS: (per hour Horked)PLUS HOLIDAYS Journeyman $ 12. 14 12.49 Appr. lst 8 2nd terms 6 .07 6.25 All others 12. 14 12.49 1-5du-b ui zng- WAGES(per hour) 11/01/99 Building: Tile Layer. . . . . . . . . . . 20.76 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)-terms at the following percentage of journeyman's wage. 13t 2nd 3rd 4th 5th 6th 507 bb7 657 757 bb7 95% SUPPLEMENTAL BENEFITS: (per hour worked) S 14,82 9-7/52 WAGES(per hour) 7/01/00 7/01/01 Roofer/Haterproofer. . . . . .$ 28.08 S 29.08 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 13, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st 2nd 3rd 40% 5U7 1b7 SUPPLEMENTAL BENEFITS: (per hour worked) f Prevailing Rate Schedule Page 9 New York State Department of Labor ----------------------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A ----------------------------------- ------------------------------------ Journeyman $ 17.49 $ 18.78 Appr Wage % Hage of same of same 9-8R HAGES(per hour) 7/01/2000 7/01/2001 Commercial Sheet Metal Horker. . . . _ $ 30.25 1 .45 Addit. Per Hour OVERDZTQAV� See ( B, E, Q,X-V ) on OVERTIME PAGE. PAID- See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 13, 16, 23 ) on OVERTIME PAGE. )(Note: If worked Sunday or Holidays code V applies. APPRENTICES: ( 1/2 ) year terms at the following Hages. $Ist 2nd 3rd 4th 5th 6th 7th 8th SUPPLEMENTAL BENEFITS (per hour worked) Journeyman $ 15.29 Apprentices 1st term 6.49 2nd term 7.28 3rd term 8.08 4th term 8.71 5th term 9.58 6th term 10.30 7th term 10.88 8th term 11 .50 8-38 HAGES(per hour) 7/01/2000 Sprinkler Fitter. . . . .$ 28.65 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAY: FA . See ( 1 ) an HOLIDAY PAGE. OVERTIME : See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the fallowing percentage of Journeyman's wage. 1st 2nd 3rd 4th5th 6th 7th 8th 9th 10th Prevailing Rate Schedule Page YO New_ _ .. York State --------Department of Labor _ ------------------Case Number--------------- ---__---_ 0102389 DUCHESS 2000A ------------------------------------------------------------------------------- SUPPLEMENTAL BENEFITS : (per hour worked) Journeyman $ 7 .95 Apprs. 1st - 4th terms 4. 10 All other terms 7 .95 1669 .2 awns oT Amenia, Clinton, Hyde Hark, Milan, Northeast, Hine Flains, Fleasant Valley, Redhook, Rhinebeck, Stanford, Washington, and in the Town of Poughkeepsie (North of North Line of the City of Poughkeepsie) . THE FOLLOWING RATE APPLIES: Building Building: CLASS A: Maintenance Engineer, Self-Contained Crawler Drill, Hydraulic Drill. CLASS Bl : Crane, Hydraulic Cranes, Tower Crane, Locomotive Crane, Pile driver, Cableway, Derricks, Whirlies, Dragline CLASS B: Shovel, 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 asph21t concrete plant, and Tractor road paver. CLASS C. Backhoe(tractor mtd rubber tired) , 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) Z Drum & Swing Eng. , three drum swing engine, Hod Hoist, A-L Frame Hinchs, Core & Hell Drillers(one drum) , Post Hole Digger, CHB Vibro Tamp or Similar Mach. Batch Pin & Plant Oper. , Dinky Locom. , Skid Steer loader, Track excay. 5/8 cu yd or under. CLASS D: Forklift, High Lift, Lull, Oiler, Fireman and Heavy-duty Greaser Boilers, Steam Generators, Pump Vibrator, Mortar Mixer, Air Compressor, gust Collector, WeldingMachine, 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, All hands off Machinery. X 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. HAGES(per hour) 7/01/2000 1/1/2001 5/1/2001 5/1/2002 Building: Class # A. . . . . . . . . . . $ 21 .67 - 22.67 23.67 Class # B1 . . . . . . . . . . 21 .99X 22.59 24.14 25.64 Class # 6. . . . . . . . . . . 21 .64 22.64 23.64 Class # C. . . . . . . . . . . 21 .24 22.24 23.24 Class # D. . . . . . . . . . 20.57 21 .57 22.57 XCranes : over 130ft add .35 per hour. XTower crane over 5 stories add .50 per hr. 11 11 185ft " .70 " " " " - " 10 17 It 1 .50 per hr. Prevailing Rate Schedule Page 11 New York State Department of Labor ----------------------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A ----------------------------------- -------------------------------------- IT 1+ 210ft 'r 1 .50 " n n if it 15 It IT 2.00 per hr. rr n 250ft 'r 2 00 " i+ n n fr 20 n n 2.50 per hr. it if 295f-L rr 2 .50 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. CVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAY: —mid: See ( I ) on HOLIDAY PAGE. Overtime See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1000 ) hours terms at the following percentage of Journeyman's HaTe. is . 2nd. 3rd. 4th, at o at . of Class D Class C Class B Class A SUPPLEMENTAL BENEFITS: (per hour paid) $ 11 .70 11 .70 11 .90 12. 15 1-106b Remainder at our y. THE FOLLOWING RATE APPLIES: POWEREQUIPMENT OPERATOR-BUILDING GROUP I Cr2nes(All Types) Boom Trucks Cherry Pickers(All Types) Clamshell raL n�rrick(Stone-Stell , Dragline, �ranki Pile Rig or similar Hydraulic Cranes, Pile Drivers(All Types) . )(All Tower Cranes, all Climbing Cranes and all Cranes of 100 ton capacity or greater_ GROUP I-A Barber Green Loader-Euclid Loader, Bulldozer, Carrier-Trailer Horse, oncre a Cleaning Decontamination Machine Operator, Concrete-Portable Hoist, Conway or Similar Muckingg Machines, Elevator & Cagge, Excavators all tyypes, Front End Loaders, Gradall, Shovel, Backhoe, et c. (Crawler 'or Truck) , F4eavy Equipment Roborics Operator/Mechanic, Hoist Engineer-MaterialL� Haist Portable Mobile Unit, Hoist Single, Double or Triple Drum, Horizontal 6irectional Drill Locator, Horizontal Directional Drill Operator, and Jersey Spreader,Letourneau or Tournapull (Scrapers over 20 yeards Struck) , Lift Slab Console, etc. , Lull HiLift or Similar, Maintenance Engireer, Master Environmental Maintenance Mechanics, Muckingg Machines Operator/Mechanic or Similar Type, Overhead Crane, Pavement Breaker(Air Ram) ,Paver(Concrete) ,Post Hole Oigger, Power House Plant, Road Boring Machine, Road Mix Machine,Ross Carrier and Similar Machines,Rubber tire double end backhoes and similar machines, Scooppmobile-Tractor-Shovel Over 1 .5 yards, Shovel(Tunnels) , Side Boom, Spreader(Asp mobile-Tractor-Shovel Telephies(Cableway) , Tractor Type Demolition Equipment, Trenching Machines-Vermeer Concrete Saw Trencher and Similar,Ultra High Pressure Haterject Cutting Tool System, Vacuum Blasting Machine operator/mechanic , Hinch Truck(A Frame) . GROUP I-B Compressor (Steel Erection) , Mechanic(Outside) All Types, Negative Air a�cFine(Asbestos Removal) , Pulse Meter,Push Button(Buzz Box) Elevator, Helder. Prevailing Rate Schedule Page 12 New York State Department of Labor ----------------------------------Case Number------- -------------------- 0102389 DUTCHESS 2000A ----------------------------------- ^ GROUPII-ABulldozer06 and Under Compactor Self-Propelled, Grader, Machines PullingSheep 's Foot Roller, Rolier 4 ton and over, Scrapers-20 yards Struck and Under, Vibratory Rollers, etc. GROUP III-AAsphalt Plant, Boiler (High Pressure) , Concrete Mixing Plants, Concrete Pump,Firerrl2n, Forklift, Forklift (Electric) Joy Drill or similar Tractor Drilling M2chine,Loader-1 1/2 yards and under, Locomotive (All Sizes) , MixerConcrete-21E 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 IIT-BCompressor Over 125 cu.Feet, Conveyor Belt Machine Regardless of Size, Compressor Plant, Ladder Hoist, Lighting Unit(Portable & Generator) Stud Machine, Welding Machine(Steel Erection LT Excavation) . GROUP IV-AAir Tractor Drill, Batch Plant, Bending Machine, Concrete Breaker, oncre e preader,Curb Cutter Machine, Farm Tractor (all types) , Finish ingg Machine-Concrete,Material Hopper-sand stone-cement,Mixer-Concrete-Under 21E, Mulching Grass Spreader,Pump-Gypsum etc,Fine Grading Machine,Roller under 4Ton HepaVac Clean Air Machine, Spreading and Fine Grading Machine, Steel Cuttingg Machine,Sypphone Pump-air-steam{ Tar Joint Machine, Turbo Jet Burner or Simila',r 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-BCompressor to 125 feet, Dust Callector,Heater all types,Pump, Pump a ion ater and Sewer) , Steam Jenny, Sweeper, Chipper, Mulcher. GROUP V-AConcrete Saw, Oiler Fuel Truck, Oiler Grease Truck. GROUP V-BMechanics Helper, Oiler, Stock Attendant, Paint Compressor, Welder's fllper,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) 3/06/2000 3/05/2001 3/04/2002 Group I . . . . . . . . . . . $ 32.55 33.70 35.05 )(Tower Cranes . . . . . . 37. 10 38.45 40.00 Group I-A. . . . . . . . . 30 .55 31 .65 32.90 Group I-B. . . . . . . . . 28.25 29 .25 30.40 Group II-A. . . . . . . . 29.55 3.0 .60 31.80 Group IIT-A. . . . . . . 28.50 29 .50 30.65 Group III-B. . . . . . . 27. 10 28 .05 29.20 Group IV-A. . . . . . . . 28.20 29 .20 30.35 Group IV-B. . . . . . . . 26.95 27 .90 29.00 Group V-A. . . . . . . . . 27.15 28 . 10 29.20 Group V-B. . . . . . . . . 25.75 26 .65 27.70 Group VI-A Master Mechanic. . . . 32. 10 33 .25 34.55 Assi.Master Mechanic. . 27.50 28 .45 29.60 Helicopter Hoist Oper. . 31 . 10 32 .20 33.50 Helicoper Pilot. . . . 35.40 36 .65 38. 10 Helicoper Si nal Man. . . 27.90 28.90 30.05 Welder Certi ied. . . . 30 .05 31 . 10 32.35 Group VI-B Prevailing Rate Schedule Page 13 New- - York State -----Department of Labor --- ---- -------------------------Case Number---------- ------------�- 0102389 DUTCHESS 2000A Utilty Man. . . . . . . . . 24.45 25 .30 26 .30 Warehouse Man. . . . . . 25.60 26 .50 27 .55 Second Engineer. . . . 25.60 26 .55 27 .60 Cable Splicer. . . . . . 28.02 29 .00 30 . 15 An additional 20% to wage when required to wear protective equipment on hazardous/toxic waste projects. En ineers operating cranes with booms 100 feet but less than 149 feet in lenth will be paid an additional $2. 00 per hour. Engineers operatin cranes with booms 149 feet or over in length will be paid an additional $ .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. OVERTIME PAY: See ( D, 0, U,XV ) on OVERTIME PAGE. Noe: It employees are required to work on Easter Sunday they shall be paid at the rate of triple time. HOLIDAYS: wee ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 8, 11, 12 ) on HOLIDAY PAGE. Note: For holidays 5 & 6 only code U applies. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $X10.05 Per X10 .20 Per )(10.35 Per Hour Paid Hour Paid Hour Paid Plus 5.25 Plus 5.75 Plus 6.25 Per Hour Per Hour Per Hour Worked. Worked. Worked. 8-137B CARPENTER WAGES(per hour) 7/01/99- 1/01/00- 7/01/00- 12/31/99 6/30/00 12/31/00 Building: Millwright. . . . . . . . . . .$ 26 .84 Addit. Addit. $ .96/hr. $1 .20/hr. OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE, HOLIDAYS: STD See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for lst & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICE$ ( 1 yearr4terms at the following percentage of Journeyman"s wage. h. 5b7 657 lb7 957 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 23.59 Appr 1st term 15.94 Prevailing Rate Schedule Page 14 New York State Department of Labor ----------------------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A j -- --------------------------------------------------------------------------- Appr 2nd term 17 .35 Appr 3rd term 19 .42 Appr 4th term 21 .53 9-740 CARPENTER HAGES(per hour) 1/01/00 7/01/00 Carpet/Resilient Floor Coverer. . . . . . . . .$ 32.22 Addit_ $1 . 16/hr. OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: FAIU: � See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 13, 16, 18, 19, 25 l for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11 , 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES; ( 1 ) year terms at the following percentage of Journeyman's wage. s FEF-3rd. 4th. SUPPLEMENTAL BENEFITS: (per hour worked) - See Below. 9-2287 WAGES(per hour) 6/01/2000 6/01/2001 Carpenter. . . . . . . . . . . . . . . . $ 24. 15 1 .00 ❑ockbuilder%Piledriver. . . . . . . . . . . . 24. 15 Addit. Millwright. . . . . . . . . . . . . . . . . . . . . . . . 24. 15 Per Hour Diver Tender. . . . . . . . . . . . . . . . . . . . . . 26 . 15 Diver(DIET) . . . . . . . . . . . . . . . . . . . . . . . . 51 .88 Oiver(DRY) . . . . . . . . . . . . . . . . . . . . . . . . 31 .25 On projects for removal and/or 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 propective 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. OVERTIME PAY: See ( S, E, Q ) an OVERTIME PAGE. HOLIDAYS: BUILDING PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE . HEAVY/HIGHWAY bee 5, 6, 16 ) on HOLIDAY PAGE including benefits. OVERTIME: See ( 5, 6, 16 ) on HOLIDAY PAGE. Prevailing mate Schedule Page 15 New York State Department of Labor ----------------..M_________-_____-Case Number--------------- _.....__--_- 0102389 DUTCHESS 2000A ---------------------------------------------------------------------------...._....- APPRENTICES: (600) hours terms at the followin percentage of g p g journeyman's ra e. Ist 2nd 3rd 4th 5th 6TH 7TH 8TH 7.07 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 11 .05 Apprentices in Orange, Ulster, Sullivan 8 Columbia Counties 1st & 2nd terms $ 4. 65 3rd & 4th terms 7. 56 5th thru 8th terms 11. 05 Apprentices in Northern Outchess County 1st 8 2nd terms $ 4. 35 3rd & 4th terms 7. 41 5th thru 8th terms 11 . 05 Apprentices in Southern Dutchess County 1st 8 2nd terms $ 4. 43 3rd & 4th terms 7. 45 5th thru 8th terms 11 . 05 8-19B/H&H LINEMAN LINEMAN/ELLUINIU WAGES(per hour) 7/01/1999 4/30/2000 Lineman/Tech./Welder $29. 17 29 .85 Dynamite/Cable splicer 29. 17 29 .85 Diggin Mach. . . . . . . . . . . 26.25 26 .87 Tract rlr Driver. . . . . . 24.79 25.37 Truck Dr/Groundman. . . . . 23.34 23.88 Mech. 1st Class . . . . . . . . 23.34 23.88 Mech. 2nd Class/Flagman 17.50 17 .91 Additional 1 .00 per hr. for crew on helicopter ,lob. Above rates applicable on all overhead Transmission line work where other construction trades are or have been involved. This applies to transmission line work only, not other construction. Lineman/Technician. . . . . 27.96 28.64 Dynamite/welder. . . . . . . . 27.96 28.64 Digging Mach. . . . . . . . . . . 25. 16 25.78 Trctr Trlr Driver 23.77 24.34 Truck Dr/Groundman. . . . . 22.37 22.91 Mech. 1st Class. . . . . . . 22.37 22.91 Mech. 2nd Class. . . . . . . . 16 .78 17. 18 Flagman. . . . . . . . . . . . . . . . 16 .78 17. 18 Certified h�elder. . . . . 29 .36 30.07 Cable Splicer 30 .76 31.50 Additional 1 .00 per hour on helicopter job. Above rates apply on Switching Structures, Maintanence projects, Railroad Catenary install/maint, Third rail installation, Bonding of Rails and pipe type cable installation. i Prevailing Rate Schedule Page 16 New York State Department of Labor ---------Case Number-----___-_..___- 0102389 DUTCHESS 2000A V--M-- Lineman /Tech/Dynamite 26 .68 27.36 Welder/Cable Splicer 26.68 27.36 Digging Machine Operator 24.01 24.62 Tractor Trailer Driver 22.68 23.26 Truck Driver/Groundman 21 .34 21 .89 Mech. 1st Class . . . . . 21 .34 21 .89 Mech. 2nd Class/Flagman 16.01 16 .42 Additional 1 . 00 per. hr. for crew on helicopter job. Above rates applicable on all overhead and underground distribution and maintenance work, and all overhead and underground transmission line work where no other construction trades are or have been involved. Lineman/tech/welder. . . . . 27.26 27.36 Cable splicer. . . . . . . . . . . 29.99 30. 10 Certified welder (pipe-type cable) . . . . . . . . . . . . . 28.62 28.73 Digging machine operator 24.53 24.62 Tractor trailer driver. . 23. 17 23.26 Mechanic 1st class. . . . . . 21.81 21 .89 Groundman/Truck driver. . 21.81 21.89 Mechanic 2nd class/flagman 16.36 16.42 Additional $ 1 .00 per hour for crew on helecopter job. Above rates applicable on all electrical SUB--STATIONS and all other work not defined as "Utility outside electrical work". OVERTIME PAY: See ( B, E, Q, ) on OVERTIME PAGE. HOLIDAYS: Paid: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE plus Gov. Election Day. Overtime: See ( 5, 6, 8, 13, 25 ) on HOLIDAY PAGE plus Gov Election Day. SUPPLEMENTS for holidays paid at straight time. The following APPRENTICE rates and the following SUPPLEMENTAL benefits apply to all classification categories of CONSTRUCTION, TRANSMISSION and DISTRIBUTION. APPRENTICES: ( 1000 ) hr terms at the following percentage of Journeyman's wage. lst. 2nd. 3rd. 4th, 5th. 6th. 7th. SUPPLEMENTAL BENEFITS: (per Hour wormed including above listed holidays. $ 6.85 7 .00 plus plus 7 .5% of wage 7.5% of wage 6-1249a l Prevailing Rate Schedule Page 17 New- - .. York State ----(Department-of-Labor --- ---- -...._.. ----------_--_--------Case Number--_---_---- 0102389 DUTCHESS 2000A -------------------------------------------------------------------------------- �' For All Lighting and Traffic Signal Systems . WAGES(per hour) 5/02/1999 4/30/2000 Certified welder. . . . . . $ 26.31 27.03 Lineman/Technician. . . . 25. 06 25.74 Digging Machine. . . . . . . . 22.55 23.17 Tractor Trailer driver. 21 .30 21 .88 Truck Driver/Groundman. 20. 05 20 .59 Mechanic 1st Class . . . . . 20. 05 20.59 Mechanic 2nd Class. . . 15. 04 15.44 Flagman. . . . . . . . . . . . . . . 15. 04 15.44 Above rates applicable on ALL Lighting and Traffic Signal Systems with the installation, testing, operation, maintenance and repair of all traffic control and illumination projects, traffic monitoring systems and road weather information systems. OVERTIME PAY: See ( B, E, Q, ) on OVERTIME PAGE. raid-- 'See ( 5, 6 8, 13, 25 ) on HOLIDAY PAGE and Gov. Election Day. Overtime: See ( �, 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 . APPRENTICES: ( 1000) hr terms at the following percentage of journeyman wage 1st 2nd 3rd 4th 5th 6th 7th 607 657 707 757 80;/ db7 7D7 SUPPLEMENTAL BENEFITS: per Hour Worked including above listed holidays . $ 6.85 7.00 plus plus 7% of wage 77 of wage 6-1249aReg8L7 o e Treater HAGES(per hour) 7/01/1999 6/01/2000 6/01/2001 POLE TREATER AND MAINTENANCE Pole treater 1st $10.97 $11 .24 $11 .52 (Minimum 1 year experience) Pole treater 2nd 10.38 10.64 10.91 (Minimum 6 months experience) d Prevailing Rate Schedule Page 18 New York State Department of Labor ---------------_-__---------------Case Number-------- ----p----------- 0102389 DUTCHESS 2000A Pole treater 3rd 9.81 10.06 10.31 (Minimum 3 months experience) Inexperienced treater 9.24 9 .47 9.71 (Less than 3 months) OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. FaxcT: See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE. Overtime : See ( 5, 6, 8, 10, 15 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hours worked including the above listed holidays) $ 3. 15 3.25 3.35 plus 3% plus 3% plus 37 of wage of wage of wage X-NOTE. . . . .ABRVE RATES APPLICABLE THROUGHOUT THE ENTIRE STATE EXCEPT THE FOLLOHING COUNTIES: BRONX, KINGS, NEW YORK COUNTY, QUEENS, RICHMOND, NASSAU, AND SUFFOLK COUNTIES. 6-1249pole ELECTRICIAN WAGES(per hour) 7/01/2000 Electrician: . . . . . . . . .$ 26 .005K X On jobs where employees are required to work from boatswin chairs, swinging scaffolds, etc. , forty (40) feet or more above above the ground or under compressed air, or in shafts of twenty-five feet deep, on tunnel projects over one hundred ( 100) feet long, or where gas masks are required, they shall receive an additional 51 . 00 per hour above the regular straight time rate for such work. Tower and stack work at seventy-five (75) feet high, they shall receive an additional $1.00 per hour; over one hundred ( 100) feet , journeyman wireman shall be paid double time rate. OVERTIME: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: FIAW:See ( 1 1 on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 13, 15, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 6 ) month terms at the following percentage of journeyman's wage. 1st. 2nd . 3rd . 4th. 5th . 6th. 7th. 8th. 9th. 10th, a 5by 407 457 507 55% . 707 7b7 db17o SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 10.40 plus 4% of wage Apprentices 1st 8 2nd term 3.50 plus 47 of wage 3rd & 4th term 4.30 plus 4% of wage 5th & 6th term 5.30 plus 4% of wage 7th & 8th term 6 .40 plus 4/• of wage 9th & 10th term 7 .50 plus 4% of wage Prevailing Rate Schedule Page 19 New York State Department of Labor ----------------------------------Case Number----------------------------_-_- 0102389 OUTCHESS 2000A --------------------- 8-363/2 IRONNUKKER WAGES(per hour) 7/01/2000 7/01/2001 7/01/2002 Structural. . . . . . . . . . . .$ 28.40 2.00 2. 00 Reinforcing. . . . . . . . . . . 28.40 Addit. Addit. Ornamental. . . . . . . . . . . . 28.40 Per Hour Per Hour Chain Link Fence. . . . . . 28.40 OVERTIME PAY: See ( BX, Ems, Q, V ) on OVERTIME PAGE. ou e -ime after 10 hours Monday thru Friday. On Saturdays, double time after 8 hours . HOLIDAYS: PATIT-See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year terms at the following percentage of journeyman's wage. lst 2nd 3rd 60% 707 807 SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 17.95 Apprentice 1st year 15.75 2nd year 16.30 3rd year 16.85 8-417 FAINILK WAGES(per hour) 7/01/22000 6/01/2001 6/01/2002 Brush/Paper Hanger. _ . .$ 19.74 ADDIT. Dry Wall Finisher. . . . . 19.74 .25 SprayRate. . 20.74 IN PAINER SANDBLASTER. . . 19.74 WAGES Structural Steel. . . . . . 31 .99 TANKS OVER 100,000 GAL. OR OVER 20HIGH. . . . . 31 .99 TOWERS, SMOKE STACKS, FLAG POLES. . . . . . . . . . . . 31 .99 Bridges, Swing Stage, Boatswain Chair over 20' 31 .99 BRIDGE SANDBLASTER_ . . . . 31 .99 Lead Abatement. . . . . . . . . . 19 .74 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. -` `Faid : See ( 1 ) on HOLIDAY PAGE. Overtime : See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's Prevailing Rate Schedule Page 20 New York State Department of Labor -----------�----------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A wage. 41st. 2nd. 3rd. 4th. 5th. 6th. 507 60% IU7 807 90% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman . . . . . . . . . . . . . $ 9 .79 10.54 11 .29 Appr. 3st term. . . . . . . . . . 4.54 4.54 4.54 All other Apprs . . . . . . . . . 9 . 79 10.54 11 .29 1-155 TEAMSTER-BUILDING/HEAVY HIGHWAY 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 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-y2rd bodies, Mixer Trucks Dump Crete Trucks and similar types of equipment, Fuel Trucks and Batch Trues 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) 5/01/2000 5/01/2001 Group 1 . . . . . . . . . . . . . $ 22.25 22.75 Group 2. . . . . . . . . . . . . 22. 15 22.65 Group 3. . . . . . . . . . . . . 21 .95 22.45 Group 4. . . . . . . . . . . . . 21 .85 22.35 Group 5. . . . . . . . . . . . . 21 .75 22.25 Group 6. . . . . . . . . . . . . 21 .75 22.25 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAIO ee ( 5, 6, 8, 13, 15, 25 ) on HOLIDAY PAGE. OVERTIME. See ( 5, 6, 8, 13, 15, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) S 14.45 14.95 8-445B/HH In the I owns of Amenia, Beekman, and eawling. Applies to line clearance, tree work and right-of-Ha preparation on all new or existing overhead electrical, telephone, and CATV lines . I Prevailing Rate Schedule Page 21 New York StateDepartmentofLabor - --------------------------_------Case Number---------- --J - ------ 0102389 DUCHESS 2000A THE FOLLOWING RATE APPLIES: LINEMAN-] = ULL�ANAN7771NIMMiNU Applies to line clearance, tree work and right-of-way preparation on all new or existing overhead electrical, telephone and CATV lines where construction b is involved. Does not apply to eautification or line of sight trimming. WAGES(per hour) 07/01/1999 01/01/2000 Tree Trimmer: Treeman. . . . $ 14.91 15.28 " Equip. Operator. 13.21 13.54 Mechanic. . . . . . . . 13.21 13.54 " Truck Driver. . . . 11 .22 11.50 Inexperienced Grdsman 9.30 9 .53 " Flagman . . . . . . . . 6.72 6 .89 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: `See ( 5, 6 8, 10, 15, 16 ) on HOLIDAY PAGE. Overtime: See ( t, 6' 8, 10, 15, 16 } on HOLIDAY PAGE_ Supplements paid at STRAIGHT TIME rate for holidays. Overtime: ( 5, 6, 8, 10, 15, 16 ) SUPPLEMENTAL BENEFITS: (per hour worked including above listed holidays. 3.65 plus 3.75 plus 3% of wage 3% of wage No. 6-1249TT In the Nemainder of oun y. THE FOLLOWING RATE APPLIES: LINEMAN ree c earance rimming Applies to line clearance, tree work and right-of-way preparation on all new or existing overhead electrical, telephone and CATV lines where construction is involved. Does not apply to beautification or line of sight trimming. WAGES(per hour) 01/01/1999 01/01/2000 Tree Trimmer: Treeman. . . . . . . . . . . . . . 15.82 16.22 Equip. Operator. 14.01 14.36 Mechanic. . . . . . . . 14.01 14.36 Truck Driver. . . . 11.89 12. 19 Inexperienced Grdsman 9.85 10 . 10 '" Flag Person. . . . . 6.72 6 .89 Prevailing Rate Schedule Page 22 New-York State --Department of Labor --- ------------------------------Case Number-__--- 0102389 DUTCHE5S 2000A OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. See ( 5, 6, 8, 10, 15, 16 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 8, 10, 15, 16 ) on HOLIDAY PAGE. Supplements paid at STRAIGHT TIME Rate for holidays. SUPPLEMENTAL BENEFITS: (per hour worked including above listed 0 I 1 ays 3.65 plus 3.75 plus 3% of wage 3% of wage No. 6-1249TTso Helder. . .To be paid the rate of the mechanic performing the work. emain er ot Lounty. THE FOLLOWING RATE APPLIES: �SUKVLY CREW - Building WAGES: (per hour) 1/01/00 7/01/00 Survey Rates-Building.- Party ates-Building:Party Chief. . . . . . . . .$ 32.77 Addit. $3.01/hr. Instrument Man. . . . . . 27. 19 Addit. $1 .84/hr. Rodman. . . . . . . . . . . . . . . 18.54 Addit. $1 .31/hr. OVERTIME PAY: See ( A, EX, Q, V ) ON OVERTIME PAGE. ou a ime paid on the 8th hour on Saturday. HOLIDAYS: wee ( 5, 6, 8, 11, 12, 15, 25 ) an HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 12, 25 ) an HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.40 9-15Db eav i wa per houri 1/01/00 7/01/00 Survey Rates-Heavy/Highway: Party Chief. . . . . . . . .$ 32.11 Addit . $3.22/hr. Instrument Man. . . . . . 24.90 Addit . $1 .74/hr. Rodman. . . . . . . . . . . . . . 21 .81 Addit. $1 .43/hr. OVERTIME PAY: See ( B, E�4, Q, V ) ON OVERTIME PAGE. ou a ime paid on the 9th hour on Saturday. Prevailing Rate Schedule Page 23 NeH York State Department of Labor - -------------------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A I f HOLIDAYS: �'AID; 7ee ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.40 9-15Dh Consulting Engineer CONSULTING ENGINEER SURVEY ease z z y ana pre Yminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. HAGES: (per hour) 7/01/1999 Survey Rates: Party Chief. . . . . . . .$ 23.96 Instrument Man. . . . . . 20.63 Rodman. . . . . . . . . . . . . . 17.88 OVERTIME PAY: See ( 9, Ex, Q, V ) ON OVERTIME PAGE. ou a me paid on the 9th hour on Saturday. HOLIDAYS: wee ( 5, 6 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See C , 6, 7, 11, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 9.60 9-15dccnsult Heat/y/Highway Laborer: ALL WORK RELATEO WITH TOXIC OR ANY ASBESTOS OR HAZARDOUS MATERIAL. per hr. 7/01/2000 All classifications. . .$ 27.90 Prevailing Rate Schedule Page 24 New York State Department of Labor --------------------------------Case Number-------------------------------------- ---__-__-- 0102389 DUTCHESS 2000A --------------------------------------------_--------_-_--------_---_------------- OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. Paid: 7ee ( 5, 6, 7, 12 ) on HOLIDAY PAGE. Overtime: See ( 5, 6, 7, 12 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS : (per hour worked) $10 .30 8-17tox GROUP # A: Flagperson, Placing & maintenance of all flares, cones, lights, signs, barricades, traffic patterns and all reflective type materials for traffic control, custodial work, traffic directors, temporary heat or light tenders, tool room GROUP # B: General Laborer, Dumpman, Pitman, All AFL-CIO Trades Tenders GROUP # C: Concrete Man, Signal Man, Pipe Layer, Rip Rap, Dry Stone Layer, Jack Hammer, Powderman, Highscalers, Power Buggy Operator, Steel Kad Carrier, Vibratory Oper. , Other Machine Oper. , Wrecking, Vibrator Operator-Compactor, Gunite & Sand Blasting, Water Pumps 2" or under, Nipper, Chucker, Asphalt Worker. GROUP # 0: Asphalt Raker Asphalt Screedman, Drillers (all) , Laser Beam Oper. , Form Setters/Aligners, Blaster. WAGES(per hour) 7/01/2000 5/01/2001 Heavy & Highway: GROUP # A. . . . . . . . . . . . .$ 18.20 Additional GROUP # B. . . . . . . . . . . . . 21 .71 $ 1 . 10 Group # C. . . . . . . . . . . . . 21 .96 Group # D. . . . . . . . . . . . . . 22.71 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. —Paid- See ( 5, 6 13, 15, 25, ) on HOLIDAY PAGE. Overtime : See ( �, 6, 13, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: 1000 hour year terms 1st Term $ 11 .94 2nd Term 14. 11 3rd Term 16.2$ 4th Term 18.45 SUPPLEMENTAL BENEFITS: (PER HOUR WORKED & HOLIDAYS) Journeyman: $ 9.95 Apprentices: 6. 15 WAGES(per hour) 7/01/2000 6/01/2001 Heavy/Highway: Bricklayer. . . . . . . . . . . . $ 25.413E 26.563E Cement Mason. . . . . . . . . . 25.413E 26.563E 3 Prevailing Rate Schedule Page 25 New York State Department of Labor - ---------------------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A ------------------------------------------------------------------------------- 4 Marble/Stone Mason. . . . 25.4IX 26.56X Plasterer. . . . . . . . . . . . . 25.4IX 26.56)( Pointer/Caulker . . . . . . . 25.4Ix 26.56 Additional $0 .30 per hour for power saw work Additional $0 .50 per hour for swing scaffold or staging work OVERTIME: See ( B4O ) on OVERTIME PAGE. HOLIDAYS: PATTSee ( 5, 6, 15, 25 ) on HOLIDAY PAGE ( including supplements) . OVERTIME: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the fallowing percentage of Journeyman's wage. 1st 2nd 3rd 4th 5th 6th 7th 8th SUPPLEMENTAL BENEFITS: (per hour worked) PLUS HOLIDAYS Journeyman: $ 12. 14 12.49 appr. 1st & 2nd term 6 .07 6.25 all others 12. 14 12.49 1-5du-H/H owns at menta, Ulinton, Hyde Fark, Milan, Northeast, Fine Plains, Basan Valley, Red Hook, Rhinebeck, Stanford, Washington, and that part of the Town of Poughkeepsie (North of North Line of the City of Poughkeepsie. ) THE FOLLOWING RATE APPLIES: - Heavy/Highwa MASTER MECHANIC: CLASS lA: Crane, Cherry Picker(over 5 ton capacity, Derricks (steel erection) Dragline, Overhead Crane (gantry or straddle) , Piledriver, Truck Crane (Over 5 tons) CLASS A:Automated Concrete Spreader(CMI Type) , Automatic Fine Grader, a�Texcept 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(8" 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 shafl 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 tans and under,Directional Drillingg Machine,Back Filling Machine Side Boom Pavement Breaker (sp) Wertgen•PB-4 & similar type. CLASS 6-Backhoe (fractor-Mounted,Rubber Tired) , bituminous Spreader & Mixer, Blacktop Plant (non-automated) , Blast or Rotory 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 IN Concrete Pump(Under 811) , Bituminous Recycling machine Crawler Drill Seff Contained, Crusher, Diesel Power Unit, Qrill Rigs (Tractor Mounted) , Front End Loader(under 4 c.y. ) , Hi-Pressure Boiler ( 15 lbs.& over) , Hoist(One Drum) , c Prevailing Rate Schedule Page 26 New York State Department of Labcr, ----------------------------------Case Number---------_-__- -----------_--_----- 0102389 DUTCHESS 2000A ^ - Kalman Plant Loader & similar type loaders(if employerrequires another man, he shall be Oiler) , L.C.M.Work Boat 0 erator Locomotive, Greaseman/Lubrication Eng, Welder, Mixer(for stabilized Kase-seff propelled) , Monora it Machine, Plant Engineer, Profiler ( 105 H.P.or over) Pump Crete Ready Mix Concrete Plant, Refrigeration Equipment (for soil stabilizationi, 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 Hea�S`elf-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) ; Hydra-Blaster(water) ,Power Sweeper, Post Hole Digger 8 Post Driver, Roller(grade & fill) , Scarifier(ride-on) Span Saw(ride-on) Tamper(ride-on) , All ride-on Tie Extractors, Tie Handers, 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) , Farm Tamper, Fireman, Hydralic Pump (jacking system) Mulching Machine, Oiler, Parapet concrete or pavement grinder, Power Broom (towed) , Power Heaterman, Revinius Widener, Shell Winder, Steam Cleaner, Tractor. X 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) 7/01/2000 7/01/2001 7/01/2002 Heavy/Highway: Master Mechanic. . . .$ 26 .64 27 .54 28.44 CLASS lA. . . . . . . . . . . 25.46 26.36 27.26 CLASS A. . . . . . . . . . . . 25.03 25.93 26.83 CLASS 8. . . . . . . . . . . . 24. 12 25.02 25.92 CLASS C. . . . . . . . . . . . 21 .55 22.45 23.35 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 $1 .75 PER HOUR. $0 .50 per hr additional for Crane with Boom length $ gib 150ft. and over. $1 .00 it et n 11 11 11 if n it 200ft. n it Additional $2.50 per hr. for hazardous or toxic waste work. OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS, See ( 5, 6 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1000 ) hours terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th . 0 of 707 o of Class C Class C Class B Class A SUPPLEMENTAL BENEFITS: (per hour Worked) $ 12.55 12.80 13.10 { Prevailing Rate Schedule Page 27 New York State Department of Labor ---------------Case Number---------------------------------- 0102389 DUTCHESS 2000A 1' --------------------=------------------------------------------------,----------- 1-106h emain er of County. TRE FOLLOWING RATE APPLIES: P - GROUP I : Boom Truck, Cherry Picker, Clamshell, Crane, (Crawler, Truck) , ragline,Rough Terrain Crane. GROUP I-A: Auger, Auto Grader, Dynahoe and Dual purpose and similar machines, Berber seen 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. ,Compactcr with Blade,Concrete Portable Hoist, C.M. 1 . or Similar, Conway or Similar Mucking Machines,Crane (Crawler or truck) dragline, 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 (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 ac ine, ail Anchor Machines,Tractors, Scr2pers-20 yds truck and under,Switchtampers,Vibratcr Roller, etc. , Roller 4 ton and over, welder. GROUP II-B: Mechanic - All Types . GROUP III: Air Tractor Drill, Asphalt Plant, Batch Plant, Boiler (Hi h resssu�;Concrete Breaker Concrete Pump, Concrete Spreader, Curb Cu ter Machi.ne,Ferm Tractor (All pes) , Finishing Machine (Concrete) Fine Grading Machine,Fireman, Forklift, �crklift (Electric) john henry drill or similar,Joy Drill or similarTractor Drilling Machine, Loader 1 1/2 yards and under, Locomotive(Ali Sizes) , Maintenance Engineer, Machine Pulling Sheep's Foot Roller,Material Hopper, Mixer Concrete-21E and over, Mulching Grass Spreader, Portable Plant Portable Batch Plant, Portable Crusher Powerhouse Plant, Quarry Master,fcller under 4 ton, Spreading and Fine Grading Machine, Seel W Cutting Machine,Stone Crusher, Sweeper, Turbo JetBurner or Sit milar , ell 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 onveyor elt Machine, Li hting Unit (Portable & Generator) ,Pilot/Assis�ant Engineer/2 seated,Pumps-Pump Station-Water-Sewer-Gypsum-Plaster, etc. , Pump Truck(Sewer Jet or Similar) , Roller-Motorized (Wal Behind) , Welding Machine Steel Erection Excavation) , Well Point System, Welder's Helper, Mechanic's Helper,Bending Machine, Dust Collector, Mixer Concrete under 21-EHeater all types,Steam Jenny, Stock Room Attendant, Syphone Pump-Air-Steam, far Joint Machine,Vibrator ,fl to 5) , Compressor Truck mounted (2-6) . WAGES(per hour) 3/06/2000 3/05/2001 f Prevailing Rate Schedule Page 28 New York State Department of Labor ----------------------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A Group I - $ 32. 49 33.99 Group I-A. . . . . . . . . . . 30. 40 31 .80 Group I-B. . . . . . . . . . . 31 .45 32.90 Group II-A. . . . . . . . . . 29. 17 30 .51 Group II-B. . . . . . . . . . 29.29 30 .63 Group III . . . . . . . . . . . 28.68 30 .00 Group IV-A. . . . . . . . . . 26 . 18 27 .38 Group IV-B . . . . . . . . . . 22.67 23.71 Group V-A Master Mechanic/Asst. . . . 32. 09 33 .60 Helicoper Hoist Oper . . . . 31 . 15 32.59 Engineer All Tower,Climbing and Cranes of 100 Tons . . . 36 .87 38 ,56 Hoist Engrineer(Steel) . . . 32.84 34.35 Enggineer[Pile Driver) - - - - 32.84 34.35 Wel der(Certified) . . . . . . 30 . 01 31 .40 Helicoper Pilot. . . . . . . . 35.29 36 .91 Helicoper Signalman. . . . 29 . 03 30 .37 Jersey Spreader,Pavement Breaker (Air Ram)Post Hole Digger. . 29.30 30.64 Group V-B . . . . . . . . . . Utility Man. . . . . . . . 21 .63 22 .62 Concrete Saw. . . . . . . 24.51 25.69 Oiler. . . . . . . . . . . . . . 21 .31 22.29 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 Hili 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 sh211 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. OVERTIME: See ( B, E, Q, U, VX ) an OVERTIME PAGE. Note: IT employees are required to work on Easter Sunday they shall be paid at the rate of triple time. HOLIDAYS: FATD: See ( 5, 6 7, 8 11, 12 ) on HOLDIAY PAGE. OVERTIME: See 8, 11 , 12 ) an HOLIDAY PAGE. Note: For Holiday 5 & 6 code U applies. APPRENTICES: ( I ) year terms at the following percentage of GROUP III rate. 1st 2nd 3th 4th 507 6U/ 707 dU7 SUPPLEMENTAL BENEFITS: (per hour paid) 3/06/2000 3/05/2001 Journeyman $ 15.48 First 40 Hours 15.76 First 40 Hours Plus 0.30 For all Hours Worked. Plus 0.35 For all Hours Worked. )(Overtime 9 .73 Per Hour- XOvertime 9.76 Per Hour- ) Premium Rate. a Premium Rate. Paid Holidays not Worked- Paid Holidays not Worked- 9 .73 Per Hour Paid. 9.76 Per Hour Paid. { Prevailing Rate Schedule Page 29 New York State Department of Labor - ---------------------------------Case Number---------------------------------- 0102389 OUTCHESS 2000A Apprentices 9 .73 9.76 Plus 0 .30 For all Hours Hcrked. Plus 0 .35 For all Hours Worked. 8-137HH MARINE CUNSTRUCTION WAGES (per hour) 10-01-99- Hydraulic Dredge: 9-30-00 Class A: Leverman. . . . . . . . . . . . . $ 26 .68 Class B: Engineer. 23.51 Derrick Operator. . . . . 23.51 Chief Mate. . . . . . . . . . . 23. 18 Chief Helder. . . . . . . . . 23.80 Electrician. . . . . . . . . . 22.82 Fill Placer. . . . . . . . . 23. 18 Asst.Fill Placer. . . . . 21 .29 Boat master. . . . . . . . . . 22.63 Class C Maintenance Eng . . . . . . 22.67 Mate. . . . . . . . . . . 21. 17 Helder Dredge. . . . . . . . 22.31 Spider Barge Oper. . . . 22. 12 Boat Capt. . . . . . . . . . . . 21 .32 Steward. 21 . 12 Chief of Party. . . . . . . 21 . 17 Class D Deckhand. . . . . . . . . . . . . 17.04 Oiler. . . . . . . . . . . . . . . . 17.69 Fireman. . . . . . . . . . . . . . 17.69 Shoreman. . . . . . . . . . . . . 17.04 Rodman. 17.04 Tug Deckhand. . . . . . . . . 17.26 ' OVERTIME: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6 8, 10, 15 ) on HOLIDAY PAGE. OVERTIME: See ( t, 6, 8, 10, 15 3 on OVERTIME PAGE. The following SUPPLEMENTAL BENEFITS apply to ALL classifications. SUPPLEMENTAL BENEFITS: (per hour worked) All Class A & B $ 4.46 ( OVERTIME $ 1 .25 EXTRA ) Prevailing Rate Schedule Page 30 New York State Departmentof Labor ----------------------------------Case Number---------------------------------- 0102389 DUTCHESS 2000A plus 8Y of WAGE All Class C $ 3 .86 ( OVERTIME $ 0 .95 EXTRA ) plus 8% of WAGE All Class D $ 3 .26 ( OVERTIME $ 0 .65 EXTRA ) plus 87 of WAGE WAGES (per hour) 10-01-99- Dipper & Clamshell Dredges : 9-30-00 Class A: Operator. . . . . . . . . . $ 26 .26 Class B: Operator 11 . . . . . . . 21 .55 Engineer. 23. 12 Boat Master. . . . . _ . 21 .74 Class C: Maintenance Eng. . . 22.07 Mate . . . . . . . . . . . . . . 20.57 Welder. . . . . . . . . . 21 .72 Boat Capt. . . . . . 20.72 Chief of Party. . . . 20.57 Class 0: a ler. . . . . . . . . . . ... 17.39 Fireman. . . . . . . . . . . 17.39 Scowman. . . . . . . . . . . 16 .73 Rodman. . . . . . 16.73 d. Tug Deckhan . . . . . 16.96 Deckhand. . . . . . . . . . 16.96 HOLIDAY: — T� See ( 5, 6 8, 10, 15 ) on Holiday Page. UVERTIME: See ( 6, 8, 10, 15 ) on Overtime Page. SUPPLEMENTAL BENEFITS: (per hour worked) Class A & B $ 4.46 ( OVERTIME $ 1.25 EXTRA ) plus 87 of WAGE 8% of wage Class C $ 3.86 ( OVERTIME $ 0.95 EXTRA ) plus 8% of WAGE Class 0 $ 3.26 ( OVERTIME $ 0.65 EXTRA ) plus 8Y of WAGE 4-25/3 i t STATE OF NEW YORK DEPARTMENT OF LABOR ,�. BUREAU OF PUBLIC WORK r STATE OFFICE BUILDING CAMPUS AC t Olt- BUILDING 12 - ROOM 130 ALBANY, NEW YORK 12240 r Attention: All Contracting Agencies, Contractors and Sub-contractors ********** CORRECTION ********** 08/15/2000 Classification Affected County(s) County Boundaries Glazier Dutchess Entire county Orange Ulster Sullivan The rates for: "GLAZIER" has been changed. Please use the rate(s) listed below: GLAZIER Wages_ (per hour worked) Effective: 07/01/2000 01/01/2001 19.00 29.50 OVERTIME; Effective 7101/2000; See(B,H)on OVERTIME page. Effective 110112001; See(D,0)c OVERTIME page, HOLIDAYS: Paid: See (1)on HOLIDAY page. OVERTIME: See(5,6,16,25)on HOLIDAY page. APPRENTICES: (1)year terms at the following percentage of joumeyman's wage: 1 st 2n4 3`d 4" 45% 55% 55% 85% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $10,82 18.07 Appr. I"Term 7.84 Appr. 2n4 Term 9.09 Appr. 3`d Tenn 9.43 Appr. 0 Term 10.11 4 Telephone(518)457-5589 Page 1 of 1 FAX(518)48-5-1870 C 0 R R E C T I 0 N S OCTOBER 23, 2000 i Prevailing Wages Status: Approved Overtime Schedules Holiday Schedules Union Name: Operating Engineers - 5450 X Regular — Residential .lob Description: Survey Crew - Preliminary Counties: .Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, (Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario,! iOrleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, ISteuben, St. Lawrence, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming, Yates, Special Conditions: ;Dutchess County: Only in the northern part of county to the nothern boundary line of the City of ;Poughkeepsie Wage Information: 'SURVEY CREW - Consulting Engineer (Feasibility and preliminary design surveying, line and grade surveying for j inspection or supervision of construction when performed under a consulting ]{ :engineer agreement. .SURVEY CLASSIFICATIONS. jParlInsty Chief- - Onehwholrrunssthe8urvey i instrument assists . ?Instrumentman- sts the party 'Chief. ._ Rodman- One who holds the rods and in-general -assists the ..survey : ' party. L. jWAGES: (per hour) 7/01/2000 6/01/2001 6/01/2002 Survey Rates: Party Chief . . . . . . . . . . . $20.93 $21.74 $22.45 Instrument/Rodperson. . 18.44 19.25 19.96 iAdditional 3.00 per hr_ for work in a tunnel. (Additional 2.50 per hr. for DEC or EPA certified toxic or hazardous waste i jwork. .III OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE !HOLIDAY.- Paid; HOLIDAY:Paid: See ( 5, 6 ) on HOLIDAY PAGE Overtime: See ( 5, 6 ) on HOLIDAY PAGE f !SUPPLEMENTAL BENEFITS: (per hour worked) $11.15 $11.60 $12 .15 j i i E � x - DEPARTMENT OF LABOR r Bureau of Public Work STATE OFFICE BUILDING CAMPUS ALBANY,N,Y. 12240 4 r f ****CORRECTION**** The following rate applies for the work described below in ALL of New York State except the counties of.Bronx, Kings, New York, Nassau, Queens, Richmond, and Suffolk. Teledata work outside building property lines. WAGES (per hour) 7101197 1101/98 1x01199 1/01/2000 Cable Splicer 19.04 19.61 20.20 20.86 Installer 18.09 18.63 19.19 19.81 Truck Driver 12.64 13.02 13.41 13.85 A'inch Truck Driver 13.58 13.99 14.41 14.88 Equipment Operator 18.09 18.63 19.19 19.81 Cable Puller 11.73 12.08 12.44 12.84 Traffic Control 10.68 1 1.00 11.33 11.70 OVERTIME PAY: See(B,Q)on OVERTIME PAGE, HOLIDAYS: Paid: None Overtime: See (5,6, 16) on HOLIDAY PAGE APPRENTICES: 6 month terms at the following percentage of Journeyman's wage. 15t Ind3 d 4th 561h 500o 58010 66% 74% 8 21% 900/0 SGPPLENIENTAL. BENEFITS: per hour worked S 2.55 plus 3% of wage STATE Of NEW YORK BUREAU OF PU"WORK DEPARTMENT OF LABOR STATE OFFICE BUILDING CAMPUS ALBANY,NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Fa-x (518) 485-1870 or mail this form for new schedules or for determination for additional occupations, Please type all information Requested Below SUBMITTED BY: ❑CONTRACTING AGENCY ❑ PUBLIC WORK DISTRICT OFFICE DATE (CHECK ONE) ❑ ARCHITECT OR ENGINEERING FIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Data Pertaining to Contracting A en ) 1. Name and complete address(0 check if new or change) 2. ❑ N.Y,State Units ❑ 07 City ❑01 DOT ❑ 08 Local School District ❑ 02 OGS ❑ 09 Special Loc.;District,i.e., ❑ 03 DORMITORY AUTHORITY Fire,Sewer,Water District ❑ 04 STATE UNNERSITY ❑ 10 Village CONSTRUCTION FUND ❑ 11 Town ❑ 05 MENTAL HYGIENE ❑ 12 County FACILITIES CORP. Cl 13 Other Non-N.Y.State Telephone: ( } Fax: { ) ❑ Ob OTHER N.Y,STATE UNIT E-Mail: (Describe) 3. SEND REPLY TO (❑ check if new or change) 4. SERVICE REQUIRED, Check appropriate box and provide project Name and complete address information. c. New Schedule of Wages and Supplements. APPROXIMATE BID DATE ❑ Additional Occupation and/or Redetermination Telephone: ( } Fax: ( } PRL NUMBER ISSUED PREVIOUSLY FOR OFFICE US#ONLY THIS PROJECT = - E-Mail: B. PROJECT PARTICULARS 5. Project TITLE and/or description of work to be performed. 5, Location of Project: Include contract identification number,if applicable Location on Site Route No/Street Address Village or City Town County 7. Nature of Project•Check One 8, OCCUPATION FOR PROJECT ❑ 1. New Building ❑ 2. Addition to Existing Structure ❑ Construction(Building,Heavy ❑ Guards,Watchmen ❑ 3. Heavy and Highway Construction(New and Repair) Highway/Sewermater) ❑ Janitors,porters,cleaners ❑ 4. New Sewer or Waterline ❑ Tunne#ling ❑ Movfng furniture and ❑ 5. Other New Construction(Explain) ❑ Residential equipment ❑ 5. Other Reconstruction, Maintenance,Repair or Alteration ❑ Landscape Maintenance ❑ Trash and refuse removal ❑ 7. Demolition ❑ Elevator maintenance ❑ Window cleaners ❑ S. Building Service Contract ❑ Exterminators,Furnfgators ❑ Other(Describe) 9., Mame and Title of Requester Signature OFFICE USE ONLY Locality Designations Locality Designations ++ I .-- STATE OF NEW YORK DEPART'RENT OF LABOR 1 REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section 230 . 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: 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 to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a pr'-wailing rate schedule from the Bureau of Public Work of the New York State Department of Labor listing the hourly rates for the trades and occupations of the workers to be employed on the public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. 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 thesigning of the contract, the Department of Jurisdiction MUST' advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to whom the contract was awarded, the date and the amount of the contract. A "Department of Jurisdiction" 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 corporations, a public benefit corporation; and a public authority awarding a public work contract. - WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work pro ect failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235,2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction 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 of Public Work as sufficient to satisfy the unpaid wages and supplements, including interest and any civilpenalty that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the fum s so withheld. rT A Tit p1 1M VM Y QA K DEPARTMENT OF LABOR fou of Pubik Mx STATt Ar11CI IJA4 Dlpoa CAM" r ALAMY,M.Y. 12244 4 Notice to ALL Contracting Agencies — Your attention is directed to the following Amendment to Article 8, Section 220 (3-a) of the NYS Labor Law: aaaaraaaaaaaraaaaaaaaaaaasaaa� sarrrraaraara � aaaaaaaaaaaaaaa �saaraaaaaa Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill amends Section 210 (3-a) of the Labor Law to set forth specific requirements for signs at public work locations listing all prevailing wages specified in the contract, The bill mandates that such signs "be written in plain English and titled, in lettering no smaller than two inches in height and rwo inches in width," with the phrase "Prevailing Rate of Wages." The bill further requires that the sign by weatherproof. The bill takes effect on March b, 2000. Signed into law, on September 7, 1999. goal a f a a a a a a a a e a r a a l a a a a a a a 1811560 a 44661184411 4941 a r l a a a a a a a a a r a r a a a r a r r a r f Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Department of Labor ("Department"). This bill will assist the Department in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies, contractors and subcontractors working on public wort projects. 9 T-t r Yur} Stlte R AOItJ9 STAVE OF ,'v-EW YORK THE PEOPLE OF THE STATE OF %EW YO E.tiACT 4S FOLLo14i M REtRfSE`tTED IN SE'rATE A.."fD ASSE.4BL.Y, 00 1 & of subdi is,a;3 of soo K 110 of rbe l bar 1 b s u ane,icd by c KWer Sa S a the 'As a o! 1991, w rad J u fof 3o rs 4 L h dull be the Jay of the department of jwusc"oe S n h s sernae t0 ur� from the p flans Ind r rr fics Ls !a c bw a st fx u'M 4 *r t tea, Mex hanks +nd Lab ara s >a Cc ezrgk yed a wch 7 proroct. Such dtpsftment sha11 5k with the fixal oe%=, as 'k&'ad I ill OU S stc t*M, OW C Liss i he a ton of **AffXM, ateC lsW',Cs and 666,'s 9 10 be em0l* '°m such public *-ts pmo� b¢eha ma I =O"ft 18 of the *vrt 10 be M formed by'eae.b wch a Iasi 5 csbm Firm srd I I sultr—r rt saW1 be the duty of the 6scsl oMC'� ro este i prrga f2 c lua i f c a son of rut h *"ATM mac hanic� tnd bbcrm takinj i"D f J account *hes'rr the*'Oft is N=YY Ind hr rh s"ry, by i Aa& st a sad 14 *-iter, tunnel W"t a +o ante a dcycrminstoe of tlst 15 sc'x kz of a�Pcz and aupple7 a u b be ptid or proYided, a the cru la rzuy be, theYrf'xe. The eontncior " n y sub-a incur on public 17 corks cantruts 0.0 post in a promirnesst and accr=-b4r phre m t>!e It We 10f the *ortl 'AHERE THE 'AORK IS PERFOJL41D i 4k siucctay of 19 all •spe rues and su*,pfcrn_-nts as specified in the cmaW b be txsd A ar pm I riled as the ease may be, for tht yu yrs t haws of roes har eCs I *ort n;M'cn, of Ltbxcrs Cm p{eyod On the ser{ S L C H "-TE D ST A TE,K 47 5 HAL L 22 BE 'AWTEN IN PLAIN E'tCLISH kND TfTLED, IN LETTERI.,�C ,40 SMALLER �J TH kN ri►0 INCHES IN HEIGHT .AtiD TNh0 I'NCHFS (4 uiDrK 41 MH THE PHRtSE 24 'P RE 1 A l L l"rC R.4 T`E OF WAGES' SL C H P'PSTE D STA 1E 1a.4•F SK ALs BE Ct3 h'SI Ii t,E D E\PL A 4'.4 Ti0.4"; H I tt a la RA L fC S{tt rsdtrsco+ad) fI Mt+. >4SaR er b>t if rltktb Q Is std Is* tr be *ohtw L-8 D-04:t941.s I OF u1TEPJALS CAPABLE Of WrMSTknr'fG ADNIRSE ywTAMER CONDMOKS The c al vw tar ted every sub-con trw ar shall keep or FA&j pr yr'A rr 3 t tm$c n fu 04naaf, vu arc nbed and &M need by JLM as true wkda dtr 4 prna 1 ccs of per ury, 0"-L,t the hours Ind im *txta! by ac h wt-saq 5 la bCrtr Of mtc'un K, tht ocx uper.otL r *bio h ht *rAo, d t qtr *^ate a rate pwa and tdc wprq mrnu pr;d or prv.,ded ce ?fz talc d 6c *art 1 .herr the ccnzwtxx cc star truint� mo MV* p4ce d i Sz;rxsss a h" Ycrt Hatt and vh m tht I jr " of u comet e a 9 e1cas of tsaYy• fhv &lcff Ind darlars, Ail alta w&-ALwn of 10 shall produce sx?ur f-n drys on tfit she d Um wt qm kraal ot�a d I I the cosnm4UK0a at lsu desiped MPmWtuira surb myna! pt�.A w f: transrripu tlxreel, w9)scnx4 and tlfmvd by bim x true wda It pma)60 IJ of prr;ury, as awry 'tit deemed rmcssary a Adcgwwh aL€rm tlst prorau;as 14 of flus stick. E,py aeltrrc-tar and sub-con[ranor sha 7rkCA ID im 15 department d mecum riOun th cry dr}l aAa tssuuxc of Al 6m prymd Ia snd eery slurry days &-r"Aa. A trsr<scmpt of the aiprsa) pr'rrod raccrd I1 as pm„ded by thss ,nKk subscn� " krirmed r TJe WN3= dt p=,u Id of perufv T'a ' Lent af:unsd}ox^ a rezTed b shtP'x de v ie a^,-Y tit of the rule, lkvrl Cr otfiia in the "r- cr n—crpal « tiat}an or :17 corr'-iss,on x b'xrd tpp�wdd pununt to LIP, *tKu dzay 1 is a . er d i rocs the r:>�4 of the plans std spec Ac� for I N6tx sort prcyett I BUILO INri TkADE.S F'A LPHASMCA1.1ry) EVA ; Boilermaker (Construction) 15-333 Boilermaker 33-016 1:1,1:3 Bricklayer, Mason & Plasterer 11-274 Bricklayer-Mason 11-025 is I,1:4 Cabinetmaker 44.033 1:1,1;3 Carpenter 12-037 1:1,1:4 Cement Finisher or Cement Mason 11-038 1:1,1:4 Const Inspector (Hwy & Traffic Cor?) 18-504 1:1 Dry Wall Taper 14-349 1:1,1:3 Electr cal (Outside) Line Worker 17-471 1:1,1:2 Electrician 17.072 1;1,1:3 Elevator/Escalator Construction & Modernizer 18-541 1:1,1:2 Glazier 16-487 1:1,1:3 Insulation & Asbestos Worker 18-006 1:1,1:4 ` Iron Wormer 15-221 1:1,1:6 Laborer (See Skilled Construction Craft Laborer) Lager (Carpenter) 14-444 1:1,1:4 Lather (Wood, Wire & Metai) 14-114 1:1,1:5 LJnoleum & Resilient Tile Layer 16-115 1:1,13 Linoleum, Resilient r€e & Carpet L 16-117 1:1,1:3 Martie, Carver, Cutter & Setter 11-136 1:1,1:4 Millwright 32.143 1:1,1:4 Op Engineer (Grade & Paving Equip) 18-286 1:1,1:5 Op Engineer (Heavy Duty Repairer) 18.286 1:1,1:5 Op Engineer (Hea��y Equipment) 18-318 1:1,1:5 Op Engineer (Universal Equipment) 18-2$5 1:1,1:5 Ornamental Iron Worker 15-154 1:1,1:4 Painter & Decorator 14-156 1:1,1:3 Painter, Decorator & Paperhanger 14-157 1:1,1:3 Paperhanger 14-357 1:1,1:4 Pipefitter 13-176 1:1,1:3 Plasterer 14-178 1:1,1:3 Plumber & PipeFtter 13-363 1:1,1:3 Plumber & Steamfitter 13-181 1:1,1:3 Plumber (Residential) 13.366 1:1,1:3 Plumber 13-180 1:1,1:3 Pinter, Caulker & Cleaner 11.282 1:1,1:4 Rodperson 89-476 1:1,1:3 Roofer 15-194 1:1,1:2 Safety Technician painting 14-528 1:1 Sheet (Metal Worker 15-201 1:1,1:3 Skilled Const-uct7on Craft Laborer 18-514 1:1,1:3 Spr nker Fitter 13-334 1:1,1:2 Steamfitter 13-215 1:1,1:3 i Stone Mason 11.219 1;1,1:2 Tile Stetter 16-226 1:1,1:4 Tile, Martie & Terrazzo Finisher 16-497 1:1,1:4 2,14/00 - Please call Apprentice Training Central Office at (518) 457-5820, 'if.you have any q�.P.Sti�zn5, 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 wihtin any consecutive six-year period determining that such contractor, sub-contractor and/or its successor has WILLFULLY failed to pay the prevaling 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 contractlsub-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 Address City State Zip Code 4H Refrigeration&Air Conditioning 484 Sterling Place Brooklyn NY 11238 Barred Until Fiscal Officer Notes: 06/12/2001 NYC Falsified Payrolls i Company Name Address City State Zip Code A&L Landscape Maintenance Barred Until Fiscal Officer Notes: See William A Saltzberger Company Name Address City State Zip Code A&R Patemo Construction Inc 287 Rockaway Turnpike Lawrence NY 11559 Barred Until Fiscal Officer Notes: 10/30/2005 NYC falsified payrolls Company Name Address City. ... --- State Zip Code A&R Roofing Inc P O Box 80-Spring St Southfields NY 10975 Barred Until Fiscal Officer Notes: 08/30/2004 DOL Company Name Address City State Zip Code A Jan Stalker Associates fne 1216 Maple Road Williamsville NY 14221 Barred Until Fiscal Officer Notes: 01/10/2002 DOL Company Name Address City State Zip Code A Plus Fire Protection Inc 131 13th Avenue Holtsville NY 11742 Barred Until Fiscal Officer Notes: 09/29/2002 DOL Falsified payrolls Monday, February 12,2001 Page I of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT ---- Company Name Address City State Zlp Code A R DiGima 1331 Belle Avenue Utica NY 13501 Barred Until Fiscal Officer Notes: Successor to LBS of Frankfort[no and/or Clean Air Asbestos Removal Inc Company Name Address City State Zip Code A-1 Fence Company Inc Hillside Lake Road Wappingers Falls NY 12590 Barred Until Fiscal Officer Notes: 01/30/2003 DOL 4 willful violations Company Name Address City State Zip Code AA General Contractors Inc 1765 Mt. Read Blvd Rochester NY 14606 Barred Until Fiscal Officer Notes: 12/17/2003 DOL Multiple willful violations-see Dominick Antonucci Company Name Address City State Zip Code AAA Asbestos Abatement Corporation 897 Saratoga Avenue Brooklyn NY 11212 Barred Until Fiscal Officer Notes: 06/24/2002 NYC Falsified payrolls Company Name Address City State Zip Code Abbot-Sommer Inc 2622 Chesbrough Avenue Bronx NY 10461 Barred Until Fiscal Officer Notes: 01/07/2003 NYC Falsified'payrolis Company Name Address City State Zip Code Above All Contracting Inc 215-04 104th Avenue Queens NY 11429 Barred Until Fiscal Officer Notes: 09/21/2003 NYC Falsified payrolls Company Name Address City State Zip Code Accell Construction Co Inc 951 Niagara Street Buffalo NY 14213 Barred Until Fiscal Officer Notes: 11/04,12001 DOL Company Name Address City State zip Code AIA>=nvironmental Corp 20-29 38th Street Astoria NY 11105 Barred Until Fiscal Officer Notes: 03/16/2004 DOL Substantially owned-affiliated entity or successor or subsidiary of Asbestos Industries of America(AIA) 1 Monday, February 12,2001 Page 2 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Aire Construction Corp 1432 W 5th Street Brooklyn NY 11204 Barred Until Fiscal Officer Notes: 06/04/2003 NYC Additional address:129 13th St,2nd fl,Brooklyn NY 11215-falsified payrolls Company Name Address City State Zip Code ALCA Industries Inc 178-190 Catherine Street Albany NY 12202 Barred Until Fiscal Officer Notes: 06/03/2003 DOL Falsified payrolls Company Name Address City State Zip Code Allstate Paper Co Inc P O Box 376 Selkirk NY 11158 Barred Until Fiscal Officer Notes: 10/26/2003 DOL Successor to Wheels Places-N-Things Company Name Address City State Zip Code Allstate Specialty Services Inc 1087 Jackson Avenue Lang Island City NY 11101 Barred Until Fiscal Officer Notes: 02/26/2001 NYC Multiple willful violations Company Name Address City State Zip Code Apex Contracting and Demolition 11-15 31st Drive Long island City NY 11106 Barred Until Fiscal Officer Notes: 04/30/2001 NYC Company Name Address City - State Zip Code ARI Refrigeration Ltd Barred Until Fiscal Officer Notes: See Capital Refrigeration Inc Company Name Address City State Zip Code Asbestos&Lead Abatement Technology Corp 709 Maple Street Rochester NY 14611 Barred Until Fiscal Officer Notes: 10/09/2002 DOL 3 willful violations Company Name Address City State Zip Code Asbestos Industries of America 20-29 38th Street Astoria NY 11105 Barrett Until Fiscal Officer Notes: 03/16/2004 DOL !Multiple willful violations I Monday,February 12, 2001 Page 3 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code B H Intemational Corporation 59-15 55th Street Maspeth NY 11378 Barred Until Fiscal Officer Notes: 08/31/2003 NYC Multiple willful violations Company Name Address City State Zip Code B H Refrigeration Inc 818 Elmwood Avenue Buffalo NY 14213 Barred Until Fiscal Officer Notes: 07/23/2004 DOL Multiple willfuls-falsified payrolls Company Name Address City State Zip Code Baham Inc 40-22 College Point Blvd Flushing NY 11354 Barred Until Fiscal Officer Notes: 06/23/2003 DOL Falsified payrolls Company Name Address City State Zip Code Bartex Construction Barred Until Fiscal Officer Notes: See Barthos Construction Company Company Name Address City State Zip Code Barthos Construction Company 285 Pulaski Street Brooklyn NY 11206 Barred Until Fiscal Officer Notes: 06118112003 NYC Aka Bartex Construction-falsified payrolls .:.-. Company Name Address City State Zip Code Bay Harbour Electric Inc 1606 Harper Dr-Box 8312 brie PA 16505 Barred Until Fiscal Officer Notes: 10/22/200 1 DOL Company Name Address City State Zip Code Bayview Plumbing Inc 4591 Merrick Road Massepequa NY 11758 Barred Until Fiscal Officer Notes: 06/30/2002 DOL 4 willful violations Company Name Address City State Zip Code Beatum&Cheatum Construction Corp P 0 Box 1246 Buffalo NY 14240 Barred Until Fiscal Officer Notes: 04/03/2001 DOL Multiple willful violations Monday, February 12,2001 Page 4 of 31 i LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Bel-Air Eiectric Inc 30 Steward Street Hewlett NY 11557 Barred Until Fiscal Officer Notes: 07,109/2002 DOL Falsified payrolls Company Name Address City State Zip Code Betty Holl Inc Barred Until Fiscal Officer Notes: see B H Refrigeration as its successor Company Name Address City State Zip Code Beverly Hills Textures and Paint Barred Until Fiscal Officer Notes: See Gary C Marcinkowski Company Name Address City State Zip Code Beverly Hills Textures and Paints Barred Until Fiscal Officer Notes: See Gary C Marcinhowski Company Name Address City State Zip Code BH Mechanical Services Barred Until Fiscal Officer Notes: Aka B H Refrigeration Inc Company Name Address City State Zip Code Bhuiya Waterproofing 1555 50th Street Brooklyn NY 11208 Barred Until Fiscal Officer Notes: G4/28/2002 NYC Falsified payrolls Company Name Address City State Zip Code Big Tree Garden Center Barred Until Fiscal Officer Notes: See Military Auto Service Inc Company Name Address City State ,Zip Code Bravo Demolition Contracting Corp 36-31 10th St Long Island City NY 11107 Barred Until Fiscal Officer Notes: 07.`0112002 NYC And Citi Cleaning Corp-falsified payrolls 1 Monday, February 12, 2001 Page 5 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Building Block Contracting Corp Barred Until Fiscal Officer Notes: See CPN Construction Corp Company Name Address City State Zip Code Butler Fence Company 536 State Fair Blvd Syracuse NY 13204 Barred Until Fiscal Officer Notes: 04/25/2005 DOL Company Name Address City State Zio Code Caft-an Construction Corp 150-59 Coolidge Avenue Jamaica NY 11'432 Barred Until Fiscal Officer Notes: 11/03/2002 DOL Falsified payrolls Company Name Address City State Zip Code Capital Area Refrigeration Inc 6 Interstate Avenue Albany NY 12205 Barred Until Fiscal Officer Notes: 05/28/2003 DOL Successor to Raymond L Masse DA ARI Refrigeration Ltd Company Name Address City State Zip Code Capital Safety Inc. 380 Lakeview Clifton NJ 07011 Barred Until Fiscal Officer Notes _...- 08/06/2004 DOL Falsified records and kickback of wages-debarment extended after additional violation Company Name Address City State Zip Code Carey&Murray Inc P 0 Box 92036 Rochester NY 14692 Barred Until Fiscal Officer Notes: 01/18/2005 AOL Multiple willfuls Company Name Address City State Zip Code Caristo Associates Inc JV Barred Until Fiscal Officer Notes: See JER Construction Corp Company Name Address City State Zip Code CSC Industries Inc 272-60 Grand Central Pkwy Floral Paris N-Y 11005 Barred Until Fiscal Officer Notes: 04/15/2001 DOL JV with CMK Painting&Constr Co Inc-falsified payrolls r i Monday, February 12, 2001 Page 6 of 31 " LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Central Absorption Inc 11-l5 31st Drive Long Island City NY 11106 Barred Until Fiscal Officer Notes: 03/1612003 NYC Multiple willful violations Company Name Address City State Zip Code Centurian Management of New York Inc P O Box 961 Port Jefferson Sta NY 11776 Barred Until Fiscal Officer Notes: 03!2112005 DOL Aka Centurian Protection of New York State-falsified records Company Name Address City State Zip Code Centurian Protection of New York Barred Until Fiscal Officer Notes: See Centunan Management of New York State Inc Company Name Address City State Zip Code Charles Saliba Barred Until Fiscal Officer Notes: 07/25/2005 See Monarch Construction Corporation(owner) Company Name Address City State Zip Code Cherokee Plate Glass Inc 114 Brown Street Johnson City NY 13790 Barred Until Fiscal Officer Nates: 08/27/2002 DOL Multiple willfuls Company Dame Address City State Zip Code Christine D Foster&Donna Foster RR#I Box 67 Bouckville NY 12232 Barred Until Fiscal Officer Notes: 09/01/2003 DOL Dba D&C Trucking-falsified records Company Name Address City State Zip Code Cianco Mechanical.Inc 321 Crescent Street Jamestown NY 14701 Barred Until Fiscal Officer Notes 12/03/2004 DOL Multiple willfuls Company Name Address City State Zip Code Cirina Construction Corp 46 1/2 Clinton Avenue Cortland NY 13045 Barred Until Fiscal Officer Notes: 07109;2002 DOL Falsified payrolls Monday, February 12, 2001 Page 7 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Citi Cleaning Corp Barred Until Fiscal Officer Notes: See Bravo Demolition Contracting Corp Company Name Address City State Zip Code Classic Electric Inc 29-01 21st Avenue Astoria NY 11105 Barred Until Fiscal Officer Notes: 11/27/2005 NYC Multiple violations Company Name Address City State Zip Code Clean Air Asbestos Removal Inc c/o S.Finer258 Genesee St Utica NY 13502 Barred Until Fiscal Officer Notes: 08/05/2003 DOL Falsified records Company Name Address City State Zip Code Clinton Construction Corp 6 Hewlett Drive East Williston NY 11596 Barred Until Fiscal Officer Notes: 04/13/2004 NYC Multiple willfuis-falsified records Company Name Address City State Zip Code CMK Painting&Construction Co Inc 600 Hillside Avenue New Hyde Paris NY 11004 Barred Until Fiscal Officer Notes: . N with CBC Industries Inc Company Name Address City State Zip Code Colonial Painting Co Barred Until Fiscal Officer Notes: See S.I.M.G.Painting Ca Inc Company Name Address City State Zip Code COMM/NET Solutions Inc Barred Until Fiscal Officer Notes: Successsor to Integrated Communications Infrastructure Systems Inc Company Name Address City State Zip Code Commerciai Glazing Inc 718 Joseph Avenue Rochester NY 14621 Barred Until Fiscal Officer Notes: 05/05/2003 DOL Aka Emergency Glass&Boardup Senices-faisif3ed payrolls f Monday, Februarn`12, 2001 Page 8 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Consolidated Environmental Corp l 150 East New York Ave Brooklyn NY 11212 Barred Until Fiscal Officer Notes: 04;08/2003 NYC Falsified payrolls Company Name Address City State Zip Code CountyWide Electric Corp 795 Portland Avenue Rochester NY 14621 Barred Until Fiscal OfF€cer Notes: 0.4,,19/2005 DOL Succ./Substantially owned-Affiliated entity to JoBeth Inc.-stipulated to debarment Company Name Address City State Zip Code CPN Construction Corp 42-06 192nd Street Flushing NY 11358 Barred Until Fiscal Officer Notes: 04x'08/2003 NYC Dba Building Block Contracting Corp-falsified records Company Name Address City State Zip Code CrossBay Contracting Corp 242 Nevins Street Brooklyn NY 11217 Barred Until Fiscal Officer Notes: 04/18/2005 NYC Falsified payrolls-multiple willfuls-debar A extended Company Name Address City State Zip Code CVM Electric Inc 220 Dingens Street Buffalo NY 14206 Barred Until Fiscal Officer Notes: 111051-'002 DOL Multiple violations Company Name Address City State Zip Code D &C Trucking Barred Until Fiscal Officer Notes: See Christine D Foster&Donna Foster Company Name Address City State Zip Code Darlene E Chardon Barred Until Fiscal Officer Notes; See DME Contracting Inc Company Name Address City State Zip Code Darlene.M Edwards Barred Until Fiscal Officer Nates: See DME Conaacting Inc Monday,February 12, 2001 Page 9 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code David Ogden 795 Portland Avenue Rochester NY 14621 Barred Until Fiscal Officer Notes; 04/19/2005 DOL V.P./Sec. of JoBeth Inc; Pres.&V.P.ofCountyWide Electric Corp. -stipulated to debarment Company Name Address City State Zip Code David White Barred Until Fiscal Officer Notes: See General Design&Development(Top shareholder) Company fume Address City State Zip Code DC White Company Inc 1865 Christer Avenue Schenectady NY 12303 Barred Until Fiscal Officer Notes: 05/05/2003 DOL successor to General Design&Deveiopment Inc Company Name Address City State Zip Code Debcon Construction Corp 77 Weyman Avenue New Rochelle NY 10805 Barred Until Fiscal Officer Notes: 08/31/2005 DOL alta Globe Fence Co Inc-multiple willfuls Company Name Address City State Zip Code Dellapenna Brothers Inc 86 Olive Street Johnson City NY 13790 Barred Until Fiscal Officer Notes: I 1/16/2005 DOL multiple willfuls-debarnnent period extended after additional.violations Company Name Address City State Zip Code DePadre&Son Plumbing&Heating Inc 2104 Niagara Street Niagara Falls NY 14303 Barred Until Fiscal Officer Notes; 09/16/2002 DOL Falsified payrolls Company Name Address City State Zip Code Dixie Sweeping Service Inc 618 W Newell Street Syracuse NY 13205 Barred Until Fiscal Officer Notes: 11/27112001 DOI_, Company Name Address City State Zip Code DME Contracting Inc 375 Verrazano Avenue Copiague NY 11726 Barred Until Fiscal Officer Notes: 12/31/2001 DOL Aka DME National Roofing Systems,DMENRS,DMENCC.DMECA,Titan Restoration Corp and Peter Chardon,and Darlene M Edwards,Derlene E Chardon and Mary Lydia Chardon,Mary L Restrepo, DME Natienal Constr Corp. DIME National Constr Assoc. Inc,-multiple willfuis.Violatad original debarment order Monday, February 12, 2001 Page 10 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code DME National Construction Associates Inc Barred Until Fiscal Officer Notes: See DME Contracting Inc Company Name Address City State Zip Code DME National Construction Corp Barred Until Fiscal Officer Notes: See DME Contracting Inc Company Name Address City State Zlo Code DME National Roofing Systems Barred Until Fiscal Officer Notes: See DME Contracting Inc Company Name Address City State Zip Code DMECA Barred Until Fiscal Officer Notes: See DME.Contracting Inc Company Name Address City State Zip Code DMENCC Barred Until Fiscal Officer Notes: See DME Contracting Inc Company Name Address City ..... State Zip Code DMENRS Barred Until Fiscai Officer Notes: See DME Contracting Inci Company Name Address City State Zip Code Dominick Antonucci 1765 Mt.Read Blvd Rochester NY 14606 Barred Until Fiscal Officer Notes: 12/1712003 DOL Multiple willful vioiations-see AA General Contractors Inc Company Name Address City State Zip Code Dover Accessibility Products Inc 6266 Hurt Road Horn Lake MS 38637 Barred Until Fiscal Officer Notes: 02/27/2002 DOL Multipie willful violations-original debarment period extended Nlonday,February 12, 2001 Page i 1 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Dram Construction Corporation 201-01 Northern Blvd Bayside NY 11361 Barred Until Fiscal Officer Notes: 1 P26,2001 DOL Falsified payrolls Company Name Address City State Zip Code DSR Asbestos Removal Company 89 Westbrook Avenue Staten Island NY 10303 Barred Until Fiscal Officer Notes: 06/2812001 NYC Falsified payrolls Company Name Address City State Zip Code Dura-Tech Systems Inc 19 Bergen Place Port Jefferson Sta NY i 1776 Barred Until Fiscal Officer Notes: 10/2412002 DOL Dba Hy-Tech Coatings-falsified payrolls and 6 willful violations-original debarment period extended Company Name Address City State Zip Code East Coast Detention Equipment Systems Inc 2909 Bridge Plaza N Long Island City NY 11101 Barred Until Fiscal Officer Notes: 06/23/2004 DOL Falsified records Company Name Address City State Zip Code Eco Environmental Corporation 629 5th Avenue Pelham NY 10803 Barred Until Fiscal Officer Notes: 11/19x'2003 DOL Falsified payrolls Company Name Address City State Zip Code Emergency Glass&Boardup Services Barred Until Fiscal Officer Notes: See Commercial Glaring Inc Company Name Address City State Zip Code Empire Demolition Development Cc Inc 1096 Niagara St Buffalo NY 14213 Barred Until Fiscal Officer Notes: 03/24'2005 DOL Multiple willfuls Company Name Address City State Zip Code Empire Flooring Inc 1765 Mt, Read Boulevard Rochester NY 14606 Barred Until Fiscal Officer Notes: M05i2003 DOL { Monday, February 12, 2001 Page 12 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Eric Lutz Construction Corp 493-14 Johnson Avenue Bohemia NY 10016 Barred Until Fiscal Officer Notes: 12-127/2004 DOL Falsified records Company Name Address City State Zip Code ESNA International General Contractors Inc 1838 Bath Avenue Brooklyn NY 11214 Barred Until Fiscal Officer Motes: 0J26/2003 NYC Falsfied payrolls Company Name Address City State Zip Code Espo Construction Inc 3302 Country Club Rd Bronx NY 10465 Barred Until Fiscal Officer Notes: 01/19%2005 NYC Falsified records Company Name Address City State Zip Code Faliero Electric Company Inc P Q Box 180 Buffalo NY L4220 Barred Until Fiscal Officer Notes: 11/04/2001, DOL Company Name Address City State Zip Code Five Bora Air Conditioning&Refrigeration 519 Coney Island Avenue Brooklyn NY 11218 Barred Until Fiscal Officer Notes: 09/0612001 NYC Multiple willfus - Company Name Address _ City State Zip Code Frank J. Labriola Barred Until Fiscal Officer Notes: See State of the Art Construction Co Inc Company Name Address City State Zip Code Frank Valerio General Contmting Corp 89 West Route 59 Central Nyack NY 10960 Barred Until Fiscal Officer Notes: 07,18/2002 DOL Company Name Address City State Zip Code G A Contractors 139-31 Queens Boulevard Jamaica NY 11435 Barred Until Fiscal Officer Notes: 11 25/2002 DOL Also NYC-multiple willfuls-falsified payrolls. Originai debarment period extended Monday, February 12,2001 Page 13 of 31 _ LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zlp Code Gary C Marcinkowski 1051 Bice Road Elma NY 14059 Barred Until Fiscal Officer Notes: 07/08/2002 DOL Dba Beverly Hills Textures and Paint and dba Beverly lulls Textures and Paints Company Name Address City State Zip Code Gem Installations Inc P O Box 422 Little Meadows PA 18830 Barred Until Fiscal Officer Notes: 04/06/2005 DOL Multiple willfuls Company Name Address City State Zip Code Gemma Construction Company Inc R.A.Libret 1325 Franklin Garden City NY 1 t330 Barred Until Fiscal Officer Notes: 12/29/2004 NYC Falsified records Company Name Address City State Zip Code General Design &Development Inc 1865 Chrisler Avenue Schenectady NY 12303 Barred Until Fiscal Officer Notes: 05/05/2003 DOL Multiple willfuls Company Name Address City State Zip Code General Restoration Co Inc 551 Fifth Ave Suite 222 New York NY 10176 Barred Until Fiscal Officer Notes:--. 08/04/2004 DOL Voluntary debarment Company Name Address City State Zip Code George Lucey,Manual Tobio(see note) 150 Kings Street Brooklyn NY 11231 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 Company Name Address City State Zip Code Georgian Bay Contracting Inc 4635 Chestnut Road Amherst NY 14228 Barred Until Fiscal Officer Notes: 01/12/2005 DOL Multiple wilifuis Company Name Address City State Zip Code Gerace Contracting Corp 2437 E 29th St, Ste I-H .Brooklyn NY 11235 Barred Until Fiscal Officer Notes: 07/22/2001 DOL Falsified payrolls Monday, February 12, 2001 Page 14 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Globe Fence Co Inc Barred Until Fiscal Officer Notes: see Debcon Construction Corp Company Name Address City State Zip Code GNP Contracting Corp 153 Woodruff Avenue Scarsdale NY 10583 Barred Until Fiscal Officer Notes: 11/04/2003 DOL Falsified records Company Name Address City State Zip Code Gogos&Weber Contracting Inc 241 Sprucewood Terrace Williamsville NY 14221 Barred Until Fiscal Officer Notes: 12/30/2004 DOE. Multiple willfuls Company Name Address City State Zip Code Goldrick Custom Homes Barred Until Fiscal Officer Notes: See Thomas Goldrick Company Name Address City State Zip Code Gulley Terrazzo Tile&Flooring Co P 0 Box 11304 Rochester NY 14611 Barred Until Fiscal Officer Notes: 04/06/2005 DOL See Tobin R Gulley Company Name Address City State Zip Code Happy Horses Services Inc 150 5th Avenue,Rm 720 New York NY Barred Until Fiscal Officer Notes: 05/07/2002 NYC Multiple willful violations Company Name Address City State Zip Code Harter Construction Services Inc P 0 Box 57 Hilton NY 14468 Barred Until Fiscal Officer Notes: 10/18/2004 DOL Falsified records Company Name Address City State Zip Code Horn Exterior Corp 32-45 Queens Boulevard Long Island City NY 11101 Barred Until Fiscal Officer 'Notes: 0511312004 NYC Dba Horn Exterior Restoration,aka Horn Maintenance Corp(and)Horn Roofing Corp.- multiple willfuls Monday, February 12, 2001 Page 15 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Hom Exterior Restoration Barred Until Fiscal Officer Notes: See Horn Exterior Corp Company Name Address City State Zip Code Horn Maintenance Corp Barred Until Fiscal Officer Notes: See Horn Exterior Corp Company Name Address City State Zip Code Horn hoofing Corp Barred Until Fiscal Officer Notes: See Horn Exterior Corp Company Name Address City State Zip Code Hunt Construction Corp 60 Sackett Street Brooklyn NY 11231 Barred Until Fiscal Officer Notes: 04/23/2001 NYC Company Name Address City State Zip Code Hydroblast Inc P 0 Box 851 Portland ME 04104 Barred Until Fiscal Officer Notes: 08/19/2003 DOL Multiple willfuls Company Name Address City State Zip Cade Hy-'Tech Coatings Barred Until Fiscal Officer Notes: See Dura-Tech Systems Inc Company Name Address City State Zip Code I &P Concrete Inc P 0 Box 342 Pine Bush NY 12566 Barred Until Fiscal Officer Notes: 11/30/2004 DOL Company Name Address City State Zip Code Integrated Communications Infr-acstructures 688 Wilder Road Hilton NY 14468 Barred Until Fiscal Officer Notes: 06/24/2004 DOL And successor COMM/Net Solutions Inc 1 Monday,February 12, 2001 Page 16 of 31 _LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Interphase Company Ltd 1301 W Elizabeth Avenue Linden NJ 07036 Barred Until Fiscal Officer Notes: 01/25/2004 DOL 3 wil Ifuls-also debarred by NYC for falsified payrolls Company Name Address City State Zip Code IVS Construction Company Inc c/o M&P 245 Main St White Plains NY Barred Until Fiscal Officer Notes: 11/19/2004 NYC Falsified records Company Name Address City State Zip Code J N Futia Co Inc 178-190 Catherine Street Albanyy NY 11202 Barred Until Fiscal Officer Notes: See ALCA--falsified payrolls-substantially owned affiliated entity and successor Company Name Address City State Zip Code Jamaica Acoustic Barred Until Fiscal Officer Notes: See Joshua Murray Company Name Address City State Zip Code Jamaica Acoustical Barred Until Fiscal Officer Notes: See Joshua"Murray Company Name Address . City State :Zip Code Jamaica Acoustics Barred Until Fiscal Officer Notes: See Joshua Murray Company Name Address City State Zip Code James Spalina Construction Inc 25 Southfield Drive Webster NY 14580 Barred Until Fiscal Officer Notes: 07/29/2003 DOL Multiple willfuls Company Name Address City State Zip Code JER Construction Corp. 258 East Meadow Avenue East Meadow NY 11554 Barred Until Fiscal Officer Notes: 02/27/2002 DOL And Caristo Associates Inc JV Monday,February 12, 2001 Page 17 of 31 a LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code JoBeth Inc 795 Portland Avenue Rochester NY 14621 Barred Until Fiscal Officer Notes: 0411 9/2 00 5 DOL Stipulated to debarment Company Name Address City State Zip Code John J Gross Contracting Corp 2104 Niagara Street Niagara Falls NY 14303 Barred Until Fiscal Officer Notes: 09/30/2002 DOL 3 willful violations Company Name Address City State Zip Code Joseph N Futia Jr,(as an individual) ALCA 178-190 Catherine St Albany NY 1'2202 Barred Until f=iscal Officer Notes: 06/03/2003 DOL see ALCA Industries-as a principal officer-partner and/or shareholder Company Name Address City State Zip Code Joshua Murray 324 Duane Avenue Schenectady NY 12307 Barred Until Fiscal Officer Notes: 06/23/2003 BOL Dba Jamaica Acoustical alta Jamaica Acoustic aka Jamaica Acoustics-falsified records Company Name Address City State Zip Code K&K Restoration Corp 752 Cypress Drive Franklin Square NY 11010 Barred Until Fiscal Officer Notes: 04/14/2005 NYC Falsified records Company Name Address City State Zip Code Kaho Building Construction Co Inc 7001 Ridge Boulevard Brooklyn NY 11209 Barred Until Fiscal Officer Notes: 04/01/2002 NYC Falsified payrolls Company Name Address City State Zip Code KBH Construction Co Inc 90 Riper Rd-P 0 Box 30 Scottsville NY 14546 Barred Until Fiscal Officer Notes: 05;21/2004 DOL Multiple willfuls Company Name Address City State Zip Code Kiarberg Inc P 0 Bax IS 7 East Amherst NY 14051 Barred Until Fiscal Officer Notes: 021,1212004 DOL 5 wil!tul violations Monday, February 12,2001 Page 18 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zlp Code Komas Construction Corporation 162 85th Street Brooklyn NY 11209 Barred Until Fiscal Officer Notes: 01/09/2006 NYC Falsified payrolls Company Name Address City State Zip Code L Harbert Inc 1871 Walton Avenue Bronx NY 10453 Barred Until Fiscal Officer Notes: 06/14/2004 NYC Falsified records Company Name Address City State Zlp Code LaCorte Companies Inc 621 Third Avenue Ext Rensselaer NY 12-i 44 Barred Until Fiscal Officer Notes: 05/22/2005 DOL Multiple wilmis Company Name Address City State Zip Code LaCorte Electrical Constr&Maintenance Barred Until Fiscal Officer Notes: See LaCorte Companies Inc Company Name Address City State Zip Code Lake Construction and Development Corp Barred Until Fiscal Officer Notes: See George Lacey Company Name Address City State Zlp Code LBS of Frankfort Inc 1055 Jefferson Avenue Utica NY 135401 , Barred Until Fiscal Officer Notes: 06/02/2003 DOL Company Name Address City State Zip Code LMB Electric Inc 2320 Narraganset Avenue Seaford NY 11783 Barred Until Fiscal Officer Notes: 12/1 812 00 1 DOL 8 willful.violations with falsified payrolls Company Name Address City State Zip Code LoRe Inc 29 Hewett Boulevard Center Moriches NY 11934 Barred Until Fiscal Officer Notes: 0 1/23/2002 DOL 3 wiilfuls _Monday, February 12, 2001 Page 19 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Louis A Stilloe Roofing& Siding Inc P O Box 68 Southview Sta. Binghamton NY 13903 Barred Until Fiscal Officer Notes: 08/30/2004 DOL Falsified records Company Name Address City State Zip Code Louis!Migliore 787 Military Road Kenmore NY 14217 Barred Until Fiscal Officer Notes: 08/11/2002 DOL Dha Military Contractors-falsified payrolls Company Name Address City State Zip Code Louis Scopellid Inc 87 Newman Avenue Hawthorne NY IG532 Barred Until Fiscal Officer Notes: 01/12/2005 DOL Falsified records Company Name Address City State Zip Code LRM Finishing Co.Inc. 9449 Button Road Cicero NY 13039 Barred Until Fiscal Officer Notes: 06/10/2004 DOL Multiple wilifuls Company Name Address City State Zip Code M&M Building Contractors Inc P O Box 514 Cairo NY 12413 Barred Until Fiscal Officer Notes: 08/15/2002 DOL Falsified payrolls Company Name Address City State Zip Code M& M Electrical Contracting Inc 122-19 15th Avenue College Point NY 11356 Barred Until Fiscal Officer Notes: 08103/2003 NYC Multiple willfuls Company Name Address City State Zip Code M& M Glass& Window Corp 1168 Brooks Avenue Rochester Ni ly 14624 Barred Until Fiscal Officer Notes: 04110/2002 DOL Aka M&M Glass Group-9 willful violations Company Name Address City State Zip Code M& M Glass Group Barred Until Fiscal Officer Notes: See M &M Glass Group &Window Corp 4onday, February 12,2001 Page 20 of 31 DIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code M Falgiano Construction Co Inc P O Boa 206 Cheektowaga NY 14225 Barred Until Fiscal Officer Notes: 11/01/2004 DOL Multiple willful$ Company Name Address City State Zip Code Madeline Futia(as an individual) ALCA 178-190 Catherine St Albany NY 12202 Barred Until Fiscal Officer Notes: 06/03/2003 DOL see ALCA Industries-principal officer-partner and/or shareholder Company Name Address City State Zip Code Mainland Renovations Inc 685 Hempstead Tpke Franklin Square NY 110'.10 Barred Until Fir- ,;ficer Notes: 12/09/2004 DOL Falsified records Company Name Address City State Zip Code Management Services Barred Until Fiscal Officer Nates: See Wayne Lancaster Company Name Address City State 'Zip Code Manuel P.Tobio Barred Until Fiscal Officer Notes: See George Lucey Company Name Address City :- State Zip Code Manuel Tobio Barred Until Fiscal Officer Notes: See George Lucey Company Name Address City State Zip Code Marianne Ogden 795 Portland Avenue Rochester NY 14621 Barred Until Fiscal Officer Notes: 04/19/2005 DOL Multiple willfuls-President and Treasurer of Iobeth-stipulated to debarment Company Name Address City State Zip Code Aary L Resrrepo 3arred Until Fiscal Officer Notes: See DME Contracting Inc Monday,February 12,2001 Page 21 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Mary Lydia Chardon Barred Until Fiscal Officer Notes: See DME Contracting Inc Company Name Address City State Zip Code Mashack Flooring Supply Inc. P 0 Box 824 Bronx NY 10472 Barred Until Fiscal Officer Notes: 09/14/2004 DOL Falsified records Company Name Address City State Zip Code MEG Enterprises Ltd 161 Bloomingdale Road Hicksville NY 11801 Barred Until Fiscal Officer Notes: 12/22!2002 DOL Falsified payrolls Company Name Address City State Zip Code Mega Imperial Construction Corp 35-11 Vernon Boulevard Long Island City NY 11106 Barred Until Fiscal Officer Notes: 02/23,2003 DOL Falsified payrolls Company Name Address City State Zip Cade Merchants I&S Corp 7732 Victor/Mendon Road Victor NY 14564 Barred Until Fiscal Officer Notes: . 04/16/2004 DOL Company Name Address City State Zip Code Michael Falgiano Jr. Barred Until Fiscal Officer Notes: Principal officer-partner and/or shareholder- See M Falgiano Construction Co Inc. Company Name Address City State Zip Code Michael Falgiano Sr Barred Until Fiscal Officer Notes: Principal officer-partner and/or shareholder-see M Falgiano Construction Co Inc Company Name Address City State Zip Code Milestone Waterproofing Inc 845 Broad Avenue Suite 5 Ridgefield NJ 01657 Barred Until Fiscal Officer Notes: 11/01 :004 DOL Falsified records ( Monday February 12 2001 Monday, Page 22 of 31 LIST OF EMPLOYERS INELEGIBa_E TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Military Auto Service lnc 6953 Ridge Road Lockport NY 14094 Barred Until Fiscal Officer Notes: 10/08/2003 DOL Dba Big Tree Garden Center-falsified payrolls Company Name Address City State Zip Code Military Contractors Barred Until Fiscal Officer Notes: See Louis J Migliore Company Name Address City State Zip Code Mohrmann Electric Company Inc 3581 Bayview Avenue Seaford NY 1 V,83 Barred Until Fiscal Officer Notes: 12/30/2002 DOL Company Name Address City State Zip Code Monarch Construction Corporation 10-57 Jackson Avenue Long Island City NY 11101 Barred Until Fiscal Officer Notes: 07/25/2005 NYC Falsified payrolls -ompany Name Address City State Zip Code NAB Management Associates Inc 57 Hillside Avenue New Rochelle NY 11209 Barred Until Fiscal Officer Notes: 01/19/2005 NYC Falsified records- - Company Name Address City State Zip Code National Building&Restoration Corp 1010 Tiden Avenue Utica NY 13501 Barred Until Fiscal Officer motes: 09/04/2003 DOL Falsified payrolls Company Name Address City State Zip Code Neptune Construction Co Barred Until Fiscal Officer Notes: See Wayne Vitale Inc Company Name Address City State Zip Code Niagara Top Line Builders Barred Until Fiscal Officer Notes: See Scott Gamache i F _Monday, February 12, 2001 Page 23 of 31 TLIST OFEMPLOYERSINELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zap Code North Shore Construction Enterprises 464 New York Avenue Huntington NY 11743 Barred Until Fiscal Officer Notes: 04f31)i2002 DOL Also 139-31 Queens Blvd,Jamaica NY 11435 and 22 Hill House Ln,Old Brookviile NY 11545 -falsified payrolls. Originally debarred by NYC-extension by DOL Company Name Address City State Zip Code North Shore Environmental Solutions Inc 127 Glencove Avenue Glencove NY 11542 Barred Until Fiscal Officer Notes; 12/16/2001 NYC Company Name Address city State Zip Code Northeast Regional Communications Inc 232 Main Street Vestal NY 13850 Barred Until Fiscal Officer Notes: 03/24/2005 DOL Also P O Box 573 Appalachin NY 13732-multiple%illfuls Company Name Address City State Zip Code Northeastern Painting 25 Hopper Street Utica NY 13501 Barred Until Fiscal Officer Notes; 07/15/2003 DOL Multiple willfuls Company Name Address City State Zip Code Oatka Valley Construction Co Inc 212 North Main Street Warsaw NY 14569 Barred Until Fiscal Officer Notes; 04/14/2002 DOL Company Name Address City State Zip Code Omura&Slattery General Contracting Inc 303 Clinton Avenue Kingston NY 12402 Barred Until Fiscal Officer Notes: 03,'05"2004 DOL Aka Omura General Contractors,Inc, -multiple isillful violations Company Name Address City State Zip Code Omura General Contractors Inc Barred Until Fiscal Officer Notes: See Omura&Slattery General Contracting Inc Company Name Address City State Zip Code Orange County Paving Inc P O Box 233 Bullville NY 10915 Barred Until Fiscal Officer Notes: 01127+2003 DOL Falsified payrolls 1londay,February 12, 2001 Page 24 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code P &P Contractors of Rochester 8 Ambrose Street Rochester NY 14608 Barred Until Fiscal Officer Notes; 08/27/2002 DOL Employer stipulated to debarment Company Name Address City State Zip Code Pak American Construction&Mechanical 657 Wyngate Drive East Valley Stream NY 11580 Barred Until Fiscal Officer Notes- 02/12/2002 otes:02/12/2002 DOL Falsified payrolls Company Name Address City State Zip Code Paramount Systems Inc 1563 Montauk Highway Oakdale NY 117169 Barred Until Fiscal Officer Notes: 02/04/2002 DOL 3 willfuls and falsified payrolls-original debarment period extended Company Name Address City State Zip Code Patrick Bistrian Jr Inc 175 Springs Fireplace Rd Fast Hampton NY 11937 Barred Until Fiscal Officer Notes: 06/06/2005 DOL Falsified records 411 Company Name Address City State Zap Code Patrick Hurling Barred Until Fiscal Officer Notes: See Patrick Wright Company Name Address City State ' ' Zip Code Patrick Wright and Patrick Hurling 505 B Lincoln Road Riverhead NY 11901 Barred Until Fiscal Officer Notes: 12/02/2004 DOL Aka Professional Roofing,aka Pat's Roofing and aka Professional Construction-falsified records Company Name Address City State Zip Code Pat's Roofing Barred Until f=iscal Officer Notes: See Patrick Wright Company Name Address City State Zip Code Peter Chardon Barred Until Fiscal Officer Notes: See DME Contracting Inc ;Monday, February 12, 2001 Page 25 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Peter Pan Spraying 21 Richard Lane Huntington NY 11743 Barred Until Fiscal Officer Notes: 04/10/2002 DOL Company Name Address City State Zip Code Piccirilli Enterprises Inc One Marine Midland Placa, Binghamton NY 13901 Barred Until Fiscal Officer Notes: 08/12/2002 DOL Falsified payrolls Company Name Address City State Zip Code Pilos Contracting Corp 271 5M Street Brooklyn NY 1!220 Barred Until Fiscal Officer Nates: 08/10/2005 DOL one willful with NYC and one willful with DOL Company Name Address City State Zip Code Plato Construction Corporations Barred Until Fiscal Officer Notes: See G&C Construction Corp Company Name Address City State Zip Code Professional Construction Barred Until Fiscal Officer motes: See Patrick Wright Company Name Address City State Zip Code Professional Fence Co of WNY Inc 6479 Willow Drive North Boston NY 14075 Barred Until Fiscal Officer Notes: 07/08/2005 AOL multiple wsilfuls Company Name Address City State Zip Code Professional Roofing Barred Until Fiscal Officer Notes: See Patrick Wright Company Name Address City State Zip Code Pucci Masonry&Construction Corp 12 Huckleberry Lane Hampton Says NY 11946 Barred Until Fiscal Officer Notes: 01/20/2003 DOL 4 willfuls and falsified payrolls Monday, February 12,2001 Page 26 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Addre<:.'4 City State Trp Code Raymond L Masse Barred Until Fiscal Officer Nates: T/A ARI Refrigeration Ltd. see Capital Area Refrigeration Inc(successor) Company Name Address City State .Zip Code RB Morgan Associates 50 Morgan Avenue Brooklyn NY 11237 Barred Until Fiscal Officer Dotes: 11/01/2004 DOL Falsified records Company Name Address City State Zip Code Reilly Construction Company 206 Meadow Rd-P 0 Box 386 Elbridge NY 13060 Barred Until Fiscal Officer Notes: 07/31/2001 DOL Company Name Address City State Zip Code RGM Construction Corp 5601 Nurge Avenue Maspeth NY 11378 Barred Until Fiscal Officer Notes: 11/27/2004 DOL Falsified records Company Name Address City State Trp Code RIP Marine Systems Inc 1332-04 11th Avenue College Point NY 11356 Barred Until Fiscal Officer Notes: 08/23/2004 NYC Falsified payrolls Company Name Address city _ State Zip Code Rocco Fischetti &Sons Services 200 Hempstead Avenue West Hempstead NY 11532 Barred Until Fiscal Officer Notes: 05/08/2001 NYC 6 willfuls Company Name Address City State Trp Code Roof Dynamics Inc 289 F Skidmore Road Deer Park NY 11729 Barred Until Fiscal Officer Notes: 03/26/2003 DOL 24 willfuls with falsified payrolls Company Name Address City State Zip Code S&1]Contracting Inc 103j Boyce Road, Ste 116 Pittsburgh PA 15231 Barred Until Fiscal Officer Notes: 04/18/2002 DOL Falsified payrolls Monday, February 12, 2001 Page 27 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code S I M G Painting Cc Inc 1364 Buffalo Road Rochester NY 14624 Barred Until Fiscal Officer Notes: 01/08/2004 DOL Dba Colonial Painting Co Company Name Address City State Zip Code Sachem Structural Steel Inc P 0 Box 582 Coram NY 11727 Barred Until Fiscal Officer Notes: 05/20/2002 DOL Falsified payrolls Company Name Address City State Zip Code Schuyler Specialties Inc 324 May Avenue Schenectady NY 1'2301 Barred Until Fiscal Officer Notes: 04/30/2002 DOL 4 willfuls Company Name Address City State Zip Code Scott Gamache 3052 Dorchester Street Niagara Falls NY 14305 Barred Until Fiscal Officer Notes: 08/13/2002 DOL Dba Niagara Top Line Builders-falsified payrolls Company Name Address City State Zip Code Seville Construction Inc 255 52nd Street Brooklyn NY 11220 Barred Until Fiscal Officer Notes: 07/27/2002 DOL Also NYC-3 willful violations Company Name Address City - State Zip Code Sonny's Drywall Inc 1538 Mann Avenue Hillside NJ 7205 Barred Until Fiscal Officer Notes: 09/07/2004 NYC Falsified records Company Name Address City State Zip Code Spensieri Painting Co Inc 101 Dwight Paris Drive Syracuse NY 13209 Barred Until Fiscal Officer Notes: 09/09/2001 DOL 5 Minis Company Name Address City State Zip Code Spyder Technologies Inc Barred Until Fiscal Officer Notes: See LaCorte Companies Inc Monday, February 12,2001 Page 28 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address city State Zip Code State of the Art Construction 140 Marine Street Farmingdale NY 11735 Barred Until Fiscal Officer Notes: 10/06/2005 DOL Multiple willful violations Company Name Address City State Zip Code Superior Roofing Inc P 0 Box 475 -NYS Rte 11 Gouverneur NY 13642 Barred Until Fiscal Officer Notes: 10/15/2002 DOL Company Name Address City State Zip Code Supreme Flectrical Contracting Inc 5306 Church Avenue Brooklyn NY 11203 Barred Until Fiscal Officer Notes: 06/11/2004 NYC Falsified records Company Name Address City State Zip Code TBK Drywall Construction Barred Until Fiscal Officer Notes: See Thomas and William Kraebel i Company Name Address City State Zip Code Tele-Data-Com Solutions Inc 597 Tracey Creek Road Vestal NY 13850 Barred Until Fiscal Officer Notes: 03/24/2005 DOL alter ego of Northeast Regional Communications Inc- Company Name Address - City State Zip Code Thomas and William Kxaebel Box 228 Laurel NY 11948 Barred Until Fiscal Officer Notes: 01/09/2002 DOL Dba TB Drywall Construction Company Name Address City State Zip Code Thomas Goidrick 86 Courier Boulevard Kenmore NY 14217 Barred Until Fiscal Officer Notes: 09/30/2001 DOL Dba Goldnck Custom Homes Company dame Address City State Zip Code Thomas K Falgiano Barred Until Fiscal Officer Notes: Pnncipal officer-partner and/or shareholder- see M Falgiano Construction Co Inc Monday,February 12, 2001 Page 29 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Titan Restoration Corp Barred Until Fiscal Officer Notes: See DME Contracting Inc Company Name Address City State Zap Code Tobie R Gulley P O Box 11304 Rochester NY 14611 Barred Until Fiscal Officer Notes: 04/06/2005 DOL Dba Gulley Terrazzo Tile&Flooring Co.-multiple willfuls Company Name Address City State Zip Code Tower Building Maintenance&Management Lt 347 Kingsland Avenue Brooklyn NY 11222 Barred Until Fiscal Officer Notes: 11/24/2003 DOL. Multiple willfuls Company Name Address City State Tip Code TPK Construction Corporation 116-124 S Van Brunt St Englewood N] 07631 Barred Until Fiscal Officer Notes: 02/02/2003 DOL Falsified payrolls Company Name Address City State Tap Code Turso Construction Inc 4 Nursery Lane Rye NY 10580 Barred Until f=iscal Officer Notes: 11/25/2003 DOL 3 willfuls-debarment period extended Company Name Address City State Tip Code Wale Construction Corp c/o S M 4309 White Plains Bronx NY 10466 Barred Until Fiscal Officer Notes: 08/12/2004 NYC Falsified records Company Name Address City State Zip Code Waterway Construction Corporation 201-01 Northern Blvd Bayside NY 11361 Barred Until Fiscal Officer Notes: 11/26/2001 DOL Falsified payrolls Company Name Address City State Zip Code Wayne Lancaster, Individually 5350 McLaughlin Hill Rd Beaver Dams NY 14812 Barred Until Fiscal Officer Notes: 06130!2004 DOL Dba Management Services-falsified records Monday,February 12, 2001 Page 30 of 31 LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Company Name Address City State Zip Code Wayne Vitale Inc P 0 Box 325 Port Iefferson NY 11777 Barred Until Fiscal Officer Notes: 11/08/2005 DOL Dba Neptune Construction Co Company Name Address City State Zip Code West Coast Construction Inc 144-36 25th Road Flushing NY 11354 Barred Until Fiscal Officer Notes: 09/11/2001 NYC Multiple willfuls and falsified payrolls Company Name Address City State Zip Code Wheels Places N'Things Inc P 0 Box 311 Selkirk NY 12158 Barred Until Fiscal Officer Notes: 10/26/2003 DOL Falsified payrolls Company Name Address City State Zip Code William A Utzberger 52 High St P O Box 836 Geneva NY 14456 Barred Until Fiscal Officer Notes: 03/25/2002 DOL Dba A& L Landscape Maintenance-3 willfuls r Company Name Address City State Zip Code Woodmotif Cabinetry Inc 501 Scholes Street Brooklyn NY 11237 Barred Until Fiscal Officer Notes: 02/07/2002 NYC falsified records-indictment#5268-96 Company Name Address City State Zip Code WPNT Construction Inc l?.te 144 Selkirk NY 12158 Barred Until Fiscal Officer Motes: Successor to Wheels Places-N-Things Inc Company Name Address City State Zip Code Yaboo Fence Company 10 High Street West Nyack NY 10994 Barred Until Fiscal Officer Notes: 06/09/2004 DOL Monday, February 12, 2001 Page 31 of 31 GENERAL PROVISIONS 1. MATERIALS AND WORKMANSHIP These specifications contemplate the use of first class materials throughout, used in such a manner as to produce completed construction which is workmanlike and acceptable in every detail. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the work. Wherever a trade name or the name of a certain manufacturer appears in these specifications, it is included to establish a quality of construction and design only. The absence of the "or equal" clause in any instance is not meant to exclude competition. Similar products of any manufactures which are equal in quality, as determined by the Engineer, will be approved. All work under this contract shall be done in a.manner acceptable to the Engineer, who shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to the measurement of quantities and the fulfillment of the conditions of this contract on the part of the Contractor. The Engineer's decisions shall be final and conclusive and, in case any question shall arise, such decision shall be a condition precedent to the right of the Contractor to receive any money hereunder. All work, all materials whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. Acceptance of material and workmanship by the inspectors shall not relieve the Contractor from his obligation to supply other material and workmanship when so ordered by the Engineer. If in the opinion of the Engineer it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgement of the Engineer shall be equitable. The Contractor expressly warrants that his work shaII be free from any defects in materials or workmanship and agrees to correct any such defects which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefore shall operate to release the Contractor or his sureties from any obligations under or upon this contract or the performance bond. Material shall be stored so as to insure the preservation of their quality and fitness for the work. Stored materials shall be located so as to facilitate prompt inspection. All materials not conforming to the requirements of these specifications shall be considered as defective. No defective material, the defects of which have been subsequently corrected, shall used until approval has been given. The apparent silence of specifications, plans, special provisions and supplemental specifications as to any detail or the apparent omission from them of a detailed description concerning any point shall be regarded as meaning that only the best general practice is to prevail and that only material and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis above stated. The Contractor shall give his constant personal attention to the work while it is in progress or he shall place it in charge of a competent and reliable English-speaking superintendent, who shall have authority to act for the Contractor and who shall be acceptable to the Engineer. f GP- I The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the several classes of work to full completion in the manner and time specified. All workmen must have sufficient skill and ( experience to properly perform the work assigned them. All workmen engaged on special or skilled work shall have had sufficient experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work shall be at once discharged, and shall not be again employed, The work under construction shall be kept clean, and as the work approaches completion the Contractor shall systematical and thoroughly clean and make any needed repairs to all portions of the work under the contract. he shall furnish at his own expense suitable tools and labor for removing all work and cleaning out all dirt, mortar and foreign substances. Any undue leakage of water into or from any structure as to make the work fall short of first- class work shall be promptly corrected by the contractor at his own expense. Cleaning and repairs shall be arranged, so far as practicable to be finished upon completion of the construction work. Final inspection of the work will be made upon completion of cleaning and any necessary repairs. The contractor at his own expense shall furnish suitable provisions as to needed drainage, workmen and appliances for such final inspection. The Engineer will not prepare the final estimate until after the final inspection is made. 2. SPECIFICATIONS AND DRAWINGS The specifications and drawings are intended to cover all of the work that is known to be required to effect a complete installation. They are intended to be mutually explanatory of each other, but should any discrepancy or inconsistency appear or any misunderstanding arise as to the import of anything contained in either the specifications or the drawings, the interpretation of the doubtful portions will be made by the Engineer, whose decision shall, in all cases, be final and binding on the Contractor. Any materials or workmanship obviously necessary to satisfactory completion shall be furnished and installed whether or not specifically shown or mentioned. Any correction or errors or omissions in the specifications or drawings, or both, may be made by the Engineer when such correction is necessary for the proper fulfillment of their intention as determined by him. Figures shall have preference over scale in reading dimensions. Copies of the specifications and drawings shall be kept constantly at the work site. If the Contractor, in the course of the work, finds any discrepancy between the plans and the physical conditions of the locality, or any errors or omissions in the plans or in the layout as given by the points and instructions furnished by the Engineer, it shall be his duty to immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. In case, by inadvertence or otherwise, the plans or specifications do not require some work or material necessary for that purpose, the Contractor shall, nevertheless, be required to provide the same so that the work may be complete according to the true intent and purposed of the plans and specification. 3. CONTROL OF WORK In the performance of the work, the Contractor shall abide by all orders, directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, and at such time and places, by such methods and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any Extra Work Orders, and shall decide all other questions in connection with the work. The Contractor shall employ no plant, equipment, materials, methods or men to which the Engineer objects, and shall remove no plant.materials, equipment or other facilities from the site of the work without the Engineer's permission. Upon request, the Engineer shall confirm in writing any oral order, direction, requirement or determination. The enumeration herein or elsewhere in the Contract Documents of particular instances in which the opinion, judgement, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction,or subject to his approval of inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed, but without exception all the work shall be governed and so performed. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion. GP-2 The Contractor shall not sublet any part of the work under this Contract, nor assign any monies, due him hereunder, without first obtaining the written consent of the Owner. This Contract shall inure to the benefit of and shall be binding upon the parties hereto and upon their respective successors and assigns; but neither party hereto shall assign or transfer his interest herein in whole or in part without the consent of the other. The Contractor shall assume all responsibility for, and shall take all precautions for preventing injury to work completed or in progress by other contractors in or about the work; he shall cover and protect such work from damage, and all injury to same before completion of this Contract shall be made good by him. In the event that this is not done immediately, the Engineer is hereby authorized to deduct the amount of the same, as determined, from the monthly and final payment. The Contractor shall pay to the Owner all expenses, losses and damages as determined by the Engineer incurred by said Owner in consequence of any defect, omission or mistake of the Contractor, his agents, sub-contractors or employees, or be responsible for the making good thereof, and the Engineer is hereby authorized to deduct the same, as determined, from the monthly and final payments. If the work to be done under this Contract shall be abandoned, or if the Contract of any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or if at any time the Engineer shall be of the opinion, and shall so certify in writing to the Owner, the conditions herein specified as to the rate of progress are not fulfilld, or that the work or any part thereof is unnecessarily or unreasonably delayed, or that the Contractor has violated any provisions of this Contract, the Owner may notify the Contractor to discontinue all work, or any part thereof as the Owner may designate, and the Owner may thereupon by contract or otherwise as he may determine, complete the work or such part thereof, and charge the entire expense of so completing the work or part thereof to the Contractor; and for such completion the Owner, for itself or its contractors, may take possession of, and use or cause to be used in the completion of the work or part thereof, any of such materials, equipment, machinery, implements and tools of every description as may be found upon the site of said work. All expenses incurred under the section shall be deducted and paid by the Owner out of any money then due or to become due the Contractor under this Contract, or any part thereof; and in such accounting the Owner shall not be held to obtain the lowest figures for the work of completing the Contract or any part thereof, or for insuring the t proper completion, but all sums actually paid therefor shall be charged to the contractor. In case the expenses so charged are less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, the Contractor shall be entitled to received the difference; and in case such expenses shall exceed the said sum the Contractor shall pay the excess amount to the Owner upon completion of the work without further demand being made therefor. The Contractor shall procure and pay for all permits and licenses necessary for the execution of his work and the use of such work when completed. The Contractor shall observe all rules and regulations of the State and Local Health Officials, and must take such precautions as are necessary to avoid creating unsanitary conditions. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property. The Contractor shall be responsible for any and all damage resulting from the use of explosives. The contractor, prior to blasting shall submit to the Owner the following: 1. Proof of Insurance 2. Seismograph Monitoring The Contractor, when using explosives, shall comply with the latest revisions of the requirements of the Town and OSHA Standards Title 29, Code of Federal Regulations, Part 1925. All explosives shall be store in a secure manner, in compliance with local laws and ordinances, and all such storage places shall be marked clearly "DANGEROUS-EXPLOSIVES". Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and in general not closer than 1,000 feet from the main road. 1 The Contractor shall notify each public utility company, having structures in proximity to the site of the work, of his intention to use explosives and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice shall not relieve the Contractors of responsibility for any damage resulting from his blasting operations. GP- 3 The Contractor shall indemnify and save harmless the Owner, its officers, and employees, from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the said Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any claims or amounts arising or recovered under the "Workmen's' Compensation Act", or any other law, ordinance, order, or decree. Until final acceptance of the work by the Engineer, as evidence in writing, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part thereof by the action of the elements, or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials, and shall properly store them, if necessary, and shall provide suitable drainage of the roadway and erect necessary temporary structures at his expense. The Contractor shall not, without consent from the proper parties, enter or occupy with men, tools or materials, airy land outside of the rights of way or property of the town. The Owner shall not be precluded or stopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment the reform from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that the work or materials do not conform in fact to the Contract. The Owner shall not be precluded or stopped, notwithstanding any such measurement, estimate or certificate, and payment in accordance therewith, from recovering from the Contractor and sureties such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the Owner or by any representative of the Owner, nor any payment for nor acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the Owner, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damage herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach. 4. PROGRESS OF WORK The Contractor shall commence the work as herein contracted for within ten (10) days from the date of written notice to proceed, or by mutual consent on a date specifically stated in said written notice, and proceed with due diligence and dispatch, so as to complete the entire work under this Contract, together with complete removal of plant within the time specified unless and except as a part may he delayed under the provisions herein. If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including, but not restricted to, acts of God or of the public enemy, acts of neglect of the Owner, acts of neglect of any other contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotions or freight embargos, the period here in above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No work requiring the presence of the Engineer or inspectors shall be done between the hours of 6:00 P.M. and 7:00 A.M., current time, nor on Sundays and legal holidays, except as is necessary for the proper care of an emergency, and then only with the permission of the Engineer; provided that this clause, however, does not operate in the case of a gang organized for regular continuous night work. During stormy or inclement weather no work shall be done, except such as can be done satisfactorily and in a manner to give first-class construction throughout. If at any time the rate of progress is such that, in the judgement of the Engineer, the work will not be completed within the time specified, he may so notify the Contractor who thereupon will proceed at once with such additional force, machinery, equipment and methods as to finish the work on time, but the failure of the Engineer to give such notice shall not relieve the Contractor of his obligation to complete the work at the time specified in this Contract. The Contract will be considered complete when all work has been finished, the final inspection made by the Engineer, and the project accepted by the Owner. GP -4 PAYMENTS AND GUARANTEE The Engineer will, from time to time as the work progresses but not more often than once a month, on such days as he may fix, make an approximate estimate in writing such as in his opinion shall be just and fair, of the amount and value of the work done and materials incorporated into the work since the commencement of the contract by the Contractor in his performance of the same. The amount of any estimate, based upon the unit prices contained in the proposal and including any allowance for approved extra work less a fixed percentage retained and less the total sum previously paid on former estimates shall constitute the payment due and to be made to the Contractor within a reasonable time after the date of such estimate (except in case of Final Estimate). On all estimates except the final, the fixed percentage retained shall be five(5) percent, such retained amounts being held until the final estimate. No monthly estimate, except the one preceding the final estimate, will be paid unless the net payment on same exceeds five thousand and no/100 dollars($5,000), without special permission of the Owner. Any estimate shall be subject to correction in any succeeding estimate. The final estimate will be prepared after the work has been tested and approved by the Engineer as required elsewhere herein and after acceptance has been given by the Owner. The fixed percentage retained on the final estimate for the guarantee period shall be three(3)percent of the total value of the work done and materials incorporated therein including any agreed compensation for any authorized extra work. Payment on the final estimate shall not be made prior to the expiration of thirty-one(3 1) days from the date of acceptance of the work by the Owner. Release of the retained three(3)percent less whatever expenditures that may have been necessary by the Owner for repairs or replacements shall be made at the expiration of one(1)year from the date of acceptance of the work by the Owner(Final Estimate). All estimates, including the final, will be made for actual quantities of work performed and materials in place as determined by the measurements of the Engineer, and this determination as to quantities involved in the contract shall be accepted as final, conclusive, and binding upon the Contractor. However, the Contractor may check such measurements if be so desires. An increase or decrease in quantity for any item of the proposal shall not be regarded as a sufficient ground for an increase or decrease in the unit price. For computation of the quantities to be paid for under the various items of this contract, it is agreed that the plainmeter shall be considered an instrument of precision and quantities computed from areas obtained by its use shall be accepted by all parties hereto as accurate. If the Contractor is of the opinion that any work ordered to be done as contract work by the Engineer violates the provisions of the contract, the Contractor shall promptly notify the Owner in writing of his contentions with respect thereto, and the Owner shall make a finding thereon; the work shall in the meantime, be progressed by the Contractor as required and ordered. During the progress of such disputed work the Contractor and Engineer shall keep daily records of all labor, material and equipment used in connection with such work and the cost thereof. If the Owner determines that the work in question is contract work, and not extra work, or that the order complained of is proper,he shall direct the Contractor to proceed and the Contractor must promptly comply. The Contractor's right to file a claim for extra compensation or damages will be affected in any way in complying with the above directions of the Owner, provided the Contractor shall furnish the Engineer with the signed records above referred to. If the Owner determines that such work is extra work, not contract work, or that the order complained of is not proper, then the Owner shall have prepared, if necessary, a supplemental agreement covering such work, and the supplemental agreement shall be submitted to the Contractor for execution. At any time during the progress of the work, the Owner may alter the plans or omit any portion of the work and shall make allowanced for additions and deductions as hereinafter provided, without constituting grounds for any claim by the Contractor for damages or for loss of anticipated profits or for any variations between the approximate quantities and the quantities of the work as done. GP -5 No instructions, either written or verbal, shall be construed as an order for changes.unless it be in the form of a supplemental agreement bearing the signed approval of the Owner and the signed acceptance of the Contractor, and such supplemental agreement shall not be effective until it has first been approved by the Town Board. The supplemental agreement shall describe the nature of the work to be performed and the variations of quantities shown by the alterations, increases or decreases, additions or omissions from the plans and specifications and an estimate of cost of any extra work. When a supplemental agreement provides for similar items of work or materials which increase or decrease the itemized quantity provided for in the contract, the price to be paid therefor shall not exceed the unit bid price in the proposal for such items. Agreed prices for new items of work or materials may be incorporated in a supplemental agreement, and these prices will be used in computing the final estimate. Agreed prices must be used in computing the final estimate and supported by a complete price analysis on the supplemental agreement. Where there are no applicable unit prices for extra work ordered pursuant to this specification and agreed prices cannot be readily substantiated, the Contractor shall be paid the actual and reasonable cost of: 1_ Necessary materials(including transportation to the site); plus 2. Necessary direct labor including payroll insurance; plus 3. Payments required to be made to labor organizations under existing labor agreements; plus 4. Sales taxes, if any, required to be paid on materials incorporated into the work under the supplemental agreement; plus 5. Equipment and plant rentals, other than small tools as follows: The base hourly rate shall be the daily rate as listed in the current "rent rate for construction equipment" prepared by the "Associated Equipment Distributors" divided by eight(8). The first 20 hours will be paid at 90% of the above base hourly rate. For 21 to 50 hours, the rate will be 80% of the above base hourly rate. The number of hours to be paid for shall be the number of hours that the equipment or plant is actually used on the specifically described and be of suitable size and suitable capacity required for the work to be performed. In the event that Contractor elects to use equipment of a higher rental value than that suitable for the work, payment will be made at the rate applicable to the suitable equipment. The equipment actually used and the suitable equipment paid for will be recorded as part of the record for force account work. The Engineer shall determine the suitability of the equipment. If there is a difference in the rate of pay for the operator will likewise be that for the suitable equipment. In the event that a rate is not established in the "Associated Equipment Distributors Rent Rate" for a particular piece of equipment or plant, the owner shall establish a rate for that piece of equipment or plant that is consistent with its cost and use. It is mutually understood that the base daily rates include all costs incidental to equipment and plant rentals including cost of moving to and from the site; plus 6. Fifteen percent(15%) of the total of material and direct labor only as compensation for profit and overhead. If any of the work is performed by a subcontractor, the Contractor shall be paid the actual and reasonable cost of such subcontracted work computed as outlined above, plus an additional allowance of five percent(5%) of materials and direct labor to cover the Contractor's profit, superintendence, administration, insurance and other overhead. The cost of transportation of materials shall be excluded when computing the above described { charges for profit and overhead. GP -6 Overhead may be defined to include the following items: a. Premium on bond; b. Premium on insurance required by the owner other than Workmen's Compensation Insurance, public liability and property damages insurance, unemployment insurance, Federal old-age benefits, other payroll taxes and such reasonable charges that are paid by the Contractor pursuant to written agreement with his employee; c. All salary and expenses of executive officers, supervising officers and supervising employees; d. All clerical or stenographic employees; e. All charges for minor equipment, such as small tools, including shovels,picks, axes, saws, bars, etc. and other miscellaneous supplies and services. f. All drafting room accessories such as paper, tracing cloth,blue printing etc. Payment for force account work will be made on the basis of the following reports: 1. The Contractor will deliver to the Engineer-in-Charge a daily summary of force account work done on the contract. This daily summary will be delivered to the Engineer-in-Charge not later than closing time on the day following that for which the work is reported. 2. Summary shall contain: a. A list of materials used indicating the amount and nature of each material. The cost(if known) should also be included, This must be later documentated by proper receipts. b. A list of equipment used indicating the number of hours used and the kind, type and size of equipment, c. A list of personnel by name, including the hours and tate at which they were used on the force account work. d. A statement of the work accomplished by force account for that day. e. This summary will be dated and signed by the Contractor's authorized representative and the Engineer-in- Charge. f. The contract number and other identification as well as the name of the Contractor shall appear on the statement. g. The Engineer-in-Charge will make any notations, remarks or comments on this form that may assist in final payment. The Contractor guarantees that the work done under this contract and the materials furnished by him and used in the construction of the same are free from defects or flaws, and the guarantee is for a term of one(1) year from and after the date of acceptance of the work by the Owner. It is hereby, however, agreed and understood that this guarantee shall not include any repairs made necessary by any cause other than defective materials furnished by or defective work done by the Contractor. The Contractor shall and will at his own cost promptly upon notification from the Engineer so to do, make good any and all defects, leakages, settlements, shrinkage and other faults in his work, or that of any subcontractor employed by him hereunder, which may occur or appear during the progress of the work or within the guarantee period here in before mentioned. If within ten (10) days after the delivery or mailing of notice in writing to the Contractor, or his agents, of the occurrence or appearance of any such fault in the work, the Contractor does not remedy the same, the Owner may remedy the same or cause it to be remedied; in case of any emergency where, in the opinion of the Engineer, delay might cause serious loss or damage, the Owner may remedy such defect or cause the same to be remedied without previous notice. The cost of any defect so remedied or caused to be remedied by said Owner shall be borne solely by the Contractor, and any sum expended, or any expenses so incurred by the Owner shall be deducted from any money then due or thereafter growing due from the Owner to the Contractor, GP-7 6. NO COLLUSION OR FRAUD f The Contractor hereby agrees that the only person or persons interested as principal or principals in the bid or Proposal submitted by the Contractor for this contract are named therein, and that no person other than those mentioned therein has any interest in the above-mentioned proposal, or in the securing of the award, and that this contract has been secured without any connection with any person or persons other than those named, and that the proposal is in all respects fair and was prepared and the contract was secured without collusion or fraud and that neither any officer nor employee of the District has or shall have a financial interest in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof. 7. SPECIAL REQUIREMENTS OF THE DEPARTMENT OF LABOR The Contractor and Subcontractors, if any there by, shall keep the following informative records on the site of this public works project: a. Record of hours worked by each workman, laborer and mechanic on each day. b. Record of hours worked by each workman, laborer and mechanic. C. Schedule of occupation or occupations at which each workman, laborer, and mechanic on the project is employed during each work day and week. d. Schedule of hourly wage rates paid to each workman, laborer, and mechanic for each occupation. e. Schedule of hours that each piece of major equipment is being actually operated each day. f. Preference in employment shall be shown to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment. Each person so employed in the construction of public works shall furnish satisfactory proof of residence in accordance with the rule adopted by the Industrial Commissioner, and each Contractor and Subcontractor shall keep a list of his employees, stating whether they are citizens of the State of New York,native born citizens or naturalized, and, in case of naturalization, the date thereof, and the name of the court in which granted. Payment of wages earned by employees upon public works shall be as covered by Section 220 and 220-D of the Labor Law. g. The Contractor shall comply with all requirements of the State Labor Law applicable to contracts on behalf of a municipality for the construction, alteration or repair of any public building or public work, including particularly, but without limitation of the foregoing, the provisions relating to hours and wages, discrimination on account of race or color and preference in employment to citizens of the State of New York. h. Article 8, Section 220 of the Labor Law, as amended by Chapter 750 of the Laws of 1956, provides among other things, that it shall be the duty of the fiscal officer to make a determination of the schedule of wages and supplements to be paid to all laborers, workmen and mechanics employed on public work projects. The amount for supplements listed on the enclosed schedule does not necessarily include all types of prevailing supplements in the locality, and a future determination of the Industrial Commissioner may require the Contractor to provide additional supplements. 8. COMPLIANCE WITH GENERAL MUNICIPAL LAW Pursuant to Section 103-a of the General Municipal Law, upon the refusal of a person to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the State, or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract. a. Such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contract with any municipal corporation or any public department, agency or official thereof, for goods, work or services for a period of five(5) years after such refusal; and GP - 8 b. Any and all contracts made by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the District without incurring any penalty or damages on account of such cancellation or termination, but any monies owing for goods delivered or work done prior to the cancellation or termination shall be paid. 9. ENGINEER NOT RESPONSIBLE The undertaking of periodic inspections by the Engineer shall not be construed as supervision of actual construction nor make him responsible for providing a safe place for the performance of work by contractors or contractors employees or those of suppliers or subcontractors or for access,visits, use, work, travel, or occupancy by any person. Approval by the architects and/or engineers of shop drawings for any material, apparatus, devices, and layouts shall not relieve this contractor from the responsibility of furnishing same of proper dimension, size, quality, quantity, and all performance characteristics to efficiently perform the requirements and intent of the contract documents. Such approval shall not relieve this Contractor from responsibility for errors of any sort on the shop drawings. If the shop drawings deviate from the contract documents, this Contractor shall advise the architects and/or engineers of the deviations in writing accompanying the shop drawings, including the reasons for the deviations. 10. GUARANTY BONDS Upon execution of the Contract, the Contractor will furnish a surety bond equal to one hundred percent of the amount of the contract, conditioned for the faithful performance of all terms, connivances and conditions of same, with a surety company authorized to do business in the State of New York, as surety. The bond shall be maintained in full force for a period of twelve months after date of final certificate as a guarantee that the Contractor will make good any faults or defects in the work arising from improper or defective workmanship or materials which may appear during that period. Pursuant to the provisions of Section 137 of the State Finance Law, a separate bond guaranteeing prompt payment of moneys due to all persons supplying the Contractor or a sub-contractor with labor and materials employed and used in carrying out the contract shall be executed and delivered to the Town Clerk. The amount of such bond shall be 100% of the amount of the contract price. In addition all sub-contractors shall also be required to famish surety and material bonds unless the Town Board should determine by resolution that the same be waived. 11. MINIMUM WAGE RATE In compliance with Section 220 of the Labor Law of the State of New York as amended by Chapter 750 of the Laws of 1956, a schedule of hourly minimum rates of wages, including supplements for welfare, pension, vacation, and other benefits will be issued in an addendum and shall apply to this contract. If the amount of supplements provided by the employer is less than the total supplements shown on the wage schedule, the difference shall be paid in cash to employees, The law states that supplements to be provided to laborers, workmen, and mechanics upon public works "shall be in accordance with the prevailing practices of the locality". The supplements listed on the schedule do not necessarily include all types of prevailing supplements in the locality, and a future determination of the Industrial Commissioner may require the Contractor to provide additional supplements. The Contractor shall provide statutory benefits for disability benefits, Workmen's Compensation, Unemployment Insurance, and Social Security. The fact that there is no minimum wage rate hereinafter stated for some classification or classifications found to be necessary on the project will in no way affect the obligation of the Contractor or his compensation therefor. The Contractor, and each sub-contractor, if any, shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified to be paid or provide for the various classes of mechanics, workmen, or laborers employed on the work. The Contractor at the conclusion of the Contract shall submit a release indicating that all sub-contractors, if any, and suppliers have been paid. GP - 9 LABOR STANDARDS ( Contractor Provisions (FEDERAL WATER POLLUTION CONTROL ACT) 1. The schedule contained in the Wage Determination decision of the Secretary of Labor which is made part of these specifications furnishes the minimum hourly rates of wages required to be paid to the various laborers and mechanics employed directly upon the site of the work embraced by this specification, these rates having been determined by the Secretary of Labor to the prevailing local wage rates for the corresponding classes of laborers and mechanics employed on project of a character similar to the contract work as determinant in accordance with Public Law 403 of the Wage Rates contained in this decision are straight hourly wage rates. In some areas, management and labor organizations in the construction industry have collectively bargained for health and welfare fund contributions. Such contributions are not included in wage rates determined by the Secretary of Labor for construction projects unless so specified in the determination. 2. No classifications of laborers or mechanics may be employed except those designated in the schedule above mentioned. In the event that wage rates are desired for classifications not requested or classifications requested but not furnished, application or reapplication for such classifications and rates shall be made to the Surgeon General for transmission to the Secretary of Labor. 3. While the wage rates shown are the minimum rates required by these specifications to be paid during the life of the contract, this is not a representation that labor can be obtained at these rates. It is the responsibility of bidders to inform themselves as to local labor conditions and prospective changes or adjustments of wage rates. No increase in the contract price shall be allowed or authorized on account of the payment of wage rates in excess of those listed herein. 4. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by the Anti-Kickback Regulations (29 C.F.R., Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the Wage Determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractor and such laborers and mechanics; and the Wage Determination decision shall be posted by the Contractor at the site of the work in a prominent place where it can bed easily seen by the workers. S. The Owner, or his representative, may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may he considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work all or part of the wages required by the contract, the Owner or his representative may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds until such violations have ceased. 6. Payroll records will be maintained during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records will contain the name and address of each such employee, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. The Contractor will make his employment records available for inspection by authorized representatives of the Surgeon General, and will permit such representatives to interview employees during working hours on the job. The Contractor will, in addition, submit weekly a certified copy of all payrolls to the Owner, or his representative. Such copies shall be retained, in accordance with instructions, by the Owner for a period of 3 years from the date of completion of the contract, and shall be available for inspection by authorized representatives of the Surgeon General. The certification will affirm that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and the classifications set forth for each laborer or mechanic conform with the work he performs. ?, Apprentices will be permitted to work only under a bonafide apprenticeship program registered with a State ` Apprenticeship Council which is recognized by the Federal Committee on Apprenticeship, U.S. Department of 'Labor; or if no such recognized Council exists in a Sate, under a program registered with the Bureau of Apprenticeship, U.S. Department of Labor. GP - 10 6. The Contractor will comply with the regulations of the Secretary of Labor made pursuant to the Anti-Kickback Act of June 13, 1934, 48 Stat 948, 62 Stat 740; 63 Stat .108; 18 U.S.C. 874, 40 U.S.C. 276b, c, and any amendments or modifications thereof, will cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and will be responsible for the submission of statements required of subcontractors thereunder, except as the Secretary of Labor may specifically provide for reasonable limitations, variations, tolerance and exemptions form the requirements thereof. In lieu of mailing statements required by Sections 3.3 and 3.4 of the Kickback Regulations to the Federal Agency furnishing financial aid onto his project, the Contractor shall submit all such statements promptly, as specified to the Owner or to a representative designated by the Owner. The Owner, or his representative, shall check the completeness of such statements and their compliance with forms prescribed in the Kickback Regulations. Such statements shall be preserved for a period of 3 years from the date of completion of the contract and shall be available for inspection by authorized representatives of the Secretary of Labor and the Surgeon General of the Public Health Service. 9. The Contractor will insert in each of his subcontracts the provisions set forth in stipulations 2, 4, 5, 6, 7, 8, and 10 hereof, and such other stipulations as the Surgeon General of the Public Health Service may be appropriate instructions require. 10. A breach of stipulations 2 and 4 through 9 may be grounds for termination of the contract. If the Contractor fails to correct any such breach to the satisfaction of the Surgeon General of the Public Health Service within 10 days after the Owner's demand for such correction, then the Owner may, by written notice to the Contractor, terminate his right to proceed with the work or such part of the work as to which there has been a breach of the aforesaid stipulations and prosecute the work to completion by contract or otherwise, and the Contractor and his Sureties shall be liable to the Owner for any excess cost occasioned the Owner thereby. GP - 11 ANTI-KICKBACK PROVISIONS L The Anti-Kickback Regulations issued by the Secretary of Labor(29 C.F.R., Part 3) are applicable to this contract. The Contractor will comply with these regulations incorporated herein by reference and any amendments of modifications thereof, will cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all Subcontractors subject thereto, and will be responsible for the submission of statements required of subcontractors there under, except as the Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances and exemptions from the requirements thereof. In lieu of mailing statements required by Sections 3.3 and 3.4 of the Anti-Kickback Regulations to the Federal agency furnishing financial and on this project, the Contractor shall submit all such statements promptly as specified, to the Owner or to a representative designated by the Owner. 2. The Owner, or his representative, any withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics by the Contractor or any Subcontractor on the work(except for such deductions as are permitted by the Anti-Kickback Regulations(29 C.F.R., Part 3), the full amount of wages to which they are entitled under their contracts of employment. In the event of failure,to pay any laborer or mechanic employed or working on the site of the work all or part of the wages to which he is entitled under his contract of employment, the Owner, or his representative, may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payroll records shall contain the information and be preserved as required by Section 3.4(b) of the Regulations. The Contractor will make his employment records available for inspection by authorized representatives of the State Water Pollution Control Agency, the Secretary of Labor, and the Surgeon General, and will permit such representatives to interview employees during working hours on the job. 4. The Contractor will insert in each of his subcontracts the provisions set fourth in the foregoing clauses hereof,and such other stipulations as the Surgeon General may require by appropriate instructions. A breach of stipulations (1) through(4) may be grounds for termination of the contract. "ANTI-KICKBACK" ACT, COPELAND ACT TITLE 18, U.S.C. 874. Kickbacks from public works employees. "Whoever, by force, intimidation, or threat or procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than$5,000 or imprisoned not more than five years, or both". TITLE 40 U.S.C. (AS AMENDED) 276C. Same; regulations governing contractors and subcontractors. "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction prosecution., completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 shall apply to such statements." Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat 1267, 5 U.S.C. 133.2 note). "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the (foregoing and other enumerated) Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed i by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with the enforcement of such labor standards, as he deems desirable. GP - 12 CONTRACT WORK HOURS STANDARDS ACT OVERTIME COMPENSATION (b) Violations: liability for unpaid wages; liquidated damages. In the event of any violation of the clauses set forth in paragraph(a), the contractor and any subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of the clause(a), in the sum,of$10 for each calendar day on which such employee was required or permitted to work in excess of 8 hours or in excess of 40 hours in a work week without payment of the overtime wages required by the clause(a). (c) Withholding for unpaid wages and liquidation damages. The Federal agency for which the contract work is done or by which financial assistance for the work is provided may withhold, or cause to be withheld, form any moneys payable on account of work performed by the contractor or subcontractor, the full amount of ages required by the contract and such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages as provided in clause(b). 1 GP - 13 GENERAL SPECIFICATIONS Sect. GS-1 SUBDIVISION OF SPECIFICATIONS. The specifications for Contract I are divided into two major subdivisions: a. General specifications-which cover the general requirements for all work under the Contract. b. Contract Items- for each of the Contract-which cover the specific provisions for work and materials under each Contract, modify and complement the General Specifications, provide specific requirement for particular items, and define measurements and the methods of payments. The Contract Items will always govern where there appears to be a lack of agreement between the General Specifications and Contract Items. Sect. GS-2 COMPLYING WITH GENERAL SPECIFICATIONS. The terms of the General Specifications are applicable to all of the work under the Contract and shall be complied with by the Contractor, unless specific exceptions are provided in the Contract Items. Unless otherwise expressly stated in the Contract Items, compensation for complying with the requirements of the General Specifications is deemed to be included in the prices bid and stipulated for the various items in the Proposal. Sect. GS-3 STANDARDS. Wherever reference is made in the Contract Documents to the standards of any technical society or other recognized organization, these shall be construed to mean the latest standard adopted and published at the date of advertisement for bids. The following abbreviations are used throughout the specifications to refer to organizations publishing specifications that are widely accepted as standards: AASHO American Association of State Highway Officials ACI American Concrete Institute AHDGA American Hot Dip Galvanizing Association AIEE American Institute of Electrical Engineers AISC American Institute of Steel Construction AISI American Iron and Steel Institute ASA American Standards Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing Materials AWPA American Wood-Preservers' Association AWS American Welding Society AWWA American Water Works Association IPCEA Insulated Power Cable Engineers Association NEC National Electric Code NEMA National Electrical Manufacturers Association SSPC Steel Structures Painting Council Sect. GS-4 LINES AND GRADES. All work shall be constructed according to the lines and grades shown and approved. The Engineer will lay out and mark upon the ground a base line and a bench mark, from which the Contractor shall be responsible for staking out the construction lines. The Contractor shall furnish all stakes, markers, and other materials, and shall furnish any assistance that the Engineer may require in laying out the base line and establishing the bench mark. Whenever the Engineer finds it necessary to carry on his operation on Sundays, legal holidays, or at other times when the work of the Contractor is not in progress, the Contractor shall furnish all necessary service and assistance. He shall not proceed until he has received from the Engineer such points and instructions as may be necessary for the progress of the work. Any work improperly done without lines or levels or instructions shall be removed and replaced by the Contractor at his own expense. ( No direct payment will be made for the cost to the Contractor of any of the work or delay occasioned by giving lines and grades, compensation therefore being considered as having been included in the prices bid and stipulated. GS - 1 Sect. GS-5 CONSTRUCTION PHOTOGRAPHS. The Contractor shall furnish a series of construction photographs, to show the progress of the work. Photographs shall be taken at such times and at such locations as may be determined by the Engineer. One print of each picture taken during the month shall be submitted to the Engineer at the time of the monthly estimate for progress payment. Prints for submission shall not be less than 3 112 in. by 5 in. in size, properly identified by text and dates on the reserve side. Negatives of all photographs, including identifications, shall be furnished to the Engineer. Sect. GS-6 DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTOR. The Contractor will be furnished with three white prints on paper, of each of the numbered drawings and a title sheet, and three sets of specifications. Additional prints and specifications will be furnished to the Contractor upon application, at cost of reproduction. Where a revision of a drawing becomes necessary, three copies of only the revised drawing will be furnished to the Contractor for inclusion with the previously issued drawings. Supplementary drawings will he issued by the Engineer to the Contractor from time to time, where the Contract Drawings require supplementing, to explain the work more fully or to show changes which have been ordered by the Town. Three white prints on paper, of each supplementary drawing will be furnished to the Contractor. These supplementary drawings shall have the same force and effect as any other Contract Document_ The Contractor is required to check all dimensions and quantities on the drawings or schedules given to him by the Engineer, and shall notify the Engineer of all errors therein which he may discover by such examination and checking. The Contractor will not be allowed any extra payment for work he alleges to be due to any error or omission in these specifications, nor in the drawings or schedules, as full directions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. ,ect. GS-7 WORKING DRAWINGS AND PRINTED MATTER FURNISHED BY THE CONTRACTOR. The Contractor shall submit for approval, working drawings and descriptions of all material and equipment which he is to furnish, such as steel reinforcement, structural details, layout and support of pipe, sheeting and bracing,wiring and details of supporting and relocating utilities or other adjacent structures, if he intends to deviate from the details shown or if the details are not shown. The Contractor, on approval from the Engineer, may submit manufacturer's literature as a substitute for, or supplement to, the working drawings. The minimum size for any submission shall be 8 1/2 in. by 11 in. All drawings and printed matter submitted shall clearly indicate the section of the Contract Items to which they correspond(i.e. Sect. 2.2). Drawings or printed matter shall give all dimensions and sizes to enable the Engineer to pass on the suitability of the material or layout for the purpose intended. The working drawings shall, where needed for clarity, include outline and sectional views, and detailed working dimensions and designations of the kind of materials and the kinds of machine work and finishes required. Drawings for submission shall be coordinated by the Contractor with the drawings heretofore approved, and with the design and function of any equipment or structure. Materials shall not be purchased or fabricated for equipment or structures until the Engineer has reviewed the working drawings, which shall represent all materials and work involved in the construction. No materials or equipment shall be delivered to the site until the working drawings have been approved,unless written acceptance is obtained from the Engineer in order to expedite the project. Work shall not be done upon any part of a structure in which the design of construction is dependent upon the design of equipment or other features, for which approval is required, until such approval has been received from the Engineer. GS -2 Four copies of drawings and printed matter shall be submitted to the Engineer for review. Upon approval by the Engineer, the Contractor shall furnish the Engineer with four white prints on paper of each approved drawing , and four copies of approved manufacturer's printed literature. Only drawings which have been checked and corrected by the material fabricator shall be submitted. The Contractor shall be responsible for the prompt submission of all working drawings, so that there shall be no delay in the work due to the absence of such drawings. After a working drawing has been reviewed by the Engineer and returned to the Contractor marked "approved as noted", the Contractor shall make only the corrections indicated by the Engineer. He shall not change or alter, in any way, the information or data acceptable to the Engineer on any drawings. Any approval by the Engineer of such working drawings, manufacturer's literature, or other data relative to the work or material to be furnished for the Contract shall not be construed as in any way relieving the Contractor from his full responsibilities under the terms of the Contractor from his full responsibilities under the terms of the Contract, but shall be interpreted only to mean that an examination of the exhibits has been made, that no variation from the Contract requirements has been discovered and that no criticism is offered. Sect. GS-8 PERMITS. The Contractor shall obtain and pay for all permits required for the execution of the work under the Contract. He shall pay all charges and expenses and shall furnish all bonds and insurance stipulated in the permits, and shall identify and save harmless the Town from all claims for damage and any actions that may arise thereafter. Sect. GS-9 LAND FOR THE CONTRACTOR'S USE. Land and easements for the purpose of this Contract will he provided by the Town. If the Contractor desires the temporary use, during construction of land or lands to which he Town has no rights, he shall secure written permission form the owners and shall file a duplicate copy of such permission with the Engineer. Land shall not be used or occupied by the Contractor prior to the securing of permission. The Contractor shall at all times save harmless the Town from actions by third parties by reasons of any acts or omissions by the Contractor. Before the final acceptance of the work, and as a prerequisite to the release of the semifinal payment, the Contract shall secure a written release from the authorities having jurisdiction over the lands occupied by him certifying to the satisfactory restoration of all pavements and other surfaces. The Contractor shall also secure a written release from the authorities having jurisdiction over the utility structures that were removed or that were safeguarded during the course of the work. The Contractor shall confine his materials and their storage, and the operations of his workmen to limits indicated by laws, ordinances, permits, or directions of the Engineer, and will not unreasonably encumber the premises with such materials,but shall store them in orderly fashion so that they will not load or permit any part of the work to be loaded with a weight that will endanger its safety or unduly affect the structure or any part thereof. The Contractor shall enforce the instructions of the Engineer regarding signs, advertisements, fires, and smoking. Sect.GS-10 SAFEGUARDING PROPERTY. The Contractor shall protect trees, shrubs, and grassed areas on the lands of the Town and on adjacent lands, from being cut, trimmed, or injured, unless specifically ordered otherwise for clearing the site. Any damage to trees, shrubs or grassed ares shall he made good by the Contractor, at his own expense, to the satisfaction of the owners thereof. When any monument, whether of stone or concrete or a mark on the pavement, designating the lines of the streets or highways or of private property, is in the line of any construction work and has to be removed, the Contractor shall notify the Engineer in writing at least 24 hours in advance. tinder no circumstances shall such monument be removed or disturbed by the Contractor or by any of his men without a written order from the Engineer. The Contractor shall furnish the necessary labor which may be required in resetting any monument, under the direct supervision of the Engineer. Should any monument be destroyed through accident of neglect, the Contractor shall be required, at his own ( expense, to employ a surveyor acceptable to the Engineer, to reestablish the monument. GS -3 Sect.GS-ll SAFETY PRECAUTIONS. To the extent required by law, public authority, or local conditions, the Contractor shall adequately protect traffic and adjacent property, and shall provide and maintain all passageways, guard fences, lights, and other facilities for protection. The Contractor shall at all times have, as directed or approved, a sufficient number of watchmen to protect the property of the Town to exclude unauthorized persons from the work, and to protect traffic where his vehicles enter or leave the public highways. If at any time, in the opinion of the Engineer, the work is not properly lighted, barricaded, and in all respects safe in respect to public travel, persons on or about the work, on public or private property, the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as he deems necessary and the Contractor shall Comply with such orders_ If, under such circumstances, the Contractor does not or cannot immediately put the same into proper and approved condition or if the Contractor or his representative is not upon the site so that the can be immediately notified of the insufficiency of safety precautions, then the Engineer may put the work into such a condition that it shall be, in his opinion, in all respects safe, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Engineer. Such action of the Engineer, or his failure to take such actions, shall in no way relieve the Contractor of the entire responsibility for any cost, loss, or damage by any party sustained on account of the insufficiently of the safety precautions taken by him or by the Engineer acting under authority of this section. Sect.GS-I2 REPLACING,RELOCATING, AND PROTECTING EXISTING STRUCTURES. The location of existing surface and subsurface structures as shown, are based on the best information obtainable, but the Town does not guarantee the accuracy of the data. The Contractor shall be held responsible for checking this data himself as to actual locations and interferences. Before beginning any excavation, the Contractor shall give at least 48 hours written notice of his intention to do so to any companies and parties that have any pipes, conduits, poles, or other structures which may be affected by such excavations. The Contractor shall make such arrangements for properly securing and protecting such pipes or structures during the progress and until the completion of the work as shall be satisfactory to the owners thereof, or shall permit and facilitate repairs and changes by the Owners. Satisfactory evidence of such arrangements shall be filed with the Engineer, if required, before the work begins. During construction, the Contractor shall take every precaution including hand digging where necessary, to avoid any movement of earth or rock that would damage or endanger existing surface or subsurface structures, The Contractor shall satisfactorily shore, support, and protect any and all pipes, conduits, and structures affected by his work, and shall be responsible for any damage resulting thereto. Any service or utility broken or damaged by the Contractor,unless ordered removed, shall be replaced, repaired, or restored to the satisfaction of the Town at the expense of the Contractor. All existing pipes and structures shall be maintained in service by the Contractor or if approved, relaid at a more suitable elevation or location, and the cost of the work shall be borne by the Contractor. In all cases where temporary pipes must be installed or where sewage, water, or drainage must be pumped or otherwise carried over or around excavations or any other portions of the work, the Contractor shall furnish such pipes,pumps, and all other materials, equipment and labor as are required to maintain continuity of service in the utilities affected. The Contractor shall not be entitled to any extension of time or any damages on account of any postponement, interference, or delay caused by any such structures being on the line of work. GS -4 Sect.GS-13 CARE AND PROTECTION OF WORK AND MATERIALS From the commencement of the work until its completion, the Contractor shall be solely responsible for damage he may do or cause to the property of the Town for the care and protection of the work covered by the Contractor, and for the materials delivered at the site or incorporated in the work. Alt excavated materials, construction equipment, and materials and equipment to be incorporated in the work, shall be so placed as not to injure the work and so that free access may be had at any time to all parts of the work and to all public utility installations in the vicinity of the work. Materials and equipment shall be kept neatly piled and compactly and conveniently stored so as to inconvenience as little as possible public travel and adjoining tenants. All loss, injury, or damage to the work or materials, from whatever cause, shall be made good at the expense of the Contractor. The Contractor shall provide suitable and adequate storage room for materials and equipment during the progress of the work, including approved weather tight storage for all materials and equipment which might deteriorate if Ieft uncovered. He shall provide protection against damage or deterioration for all equipment during storage, and after installation, until the equipment is put to use by the District. During adverse weather, the Contractor shall take all necessary precautions so that the work may be properly done and be satisfactory in all respects. When required, protection shall be provided by use of tarpaulins, wood and building paper shelters, or other approved means. During cold weather, materials shall be preheated, if required, and the materials and adjacent structure into which they are to be incorporated shall be made and kept sufficiently warm so that a proper bond will take place and proper curing, aging, or drying will result. Protected spaces shall be artificially heated by approved means which will result in a moist or a dry atmosphere according to the particular requirements of the work being protected. The Engineer may suspend construction operations at any time, when in his judgment, the conditions are unsuitable or the proper precautions are not being taken, whatever the weather may be, in any season. Sect-GS-14 MINIMUM NOISE. The Contractor shall use every effort and means possible to minimize or eliminate noise caused by his operations, which the Engineer may consider objectionable. The Contractor shall provide working machinery, equipment with silencers or mufflers where required, designed to operate with the least possible noise. Sect.GS-15 EQUIVALENT MATERIALS AND WORKMANSHIP. Wherever in the Contract Documents a particular brand or make of materials is shown or specified by trade name or otherwise, such brand or make of materials which, in the opinion of the Engineer, is the recognized equal of that specified as to composition, characteristics, workmanship, economy of operation and maintenance, and is suitable for the purpose intended, may be accepted. All materials incorporated in the work shall be new, of standard and first grade quality, and of the best workmanship and design. No inferior or low grade materials will be either approved or accepted, and all work of assembly and construction must be dome in a neat, first-class, and workmanlike manner. Sect.GS-16 DESIGN OF EQUIPMENT. All parts of the equipment furnished under the Contract shall be amply proportioned for all stresses that may occur during fabrication, shipment, erection, and intermittent or continuous operation. Identical parts shall be interchangeable. The equipment to be furnished under the Contract shall be of an approved type, and the product of ( manufacturers who have successfully build equipment of the same size, capacity, and type for at least 5 years, The Contractor shall submit any information that the Engineer may consider necessary in order to determine the ability of the manufacturer to produce the equipment as called for by the specifications. GS -5 The Contractor shall provide the services of an accredited representative of the manufacturer to supervise the installation, testing, and placing of equipment in satisfactory operation. This representative shall also make final adjustments and shall instruct designated employees of the Town in the proper operation and maintenance of the equipment. Sect.GS-17 TESTING OF MATERIALS. If the Engineer so requires, either prior to beginning or during the progress of the work, the Contractor shall submit samples of materials for such special tests and analyses as may be necessary to demonstrate that they conform to the specifications. The Town will select and the Contractor will pay for testing laboratories to perform tests and analyses on concrete aggregates, mixed and placed concrete, and similar materials. Such samples shall be furnished, taken, stored,packed and shipped as directed, at the expense of the Contractor. The Contractor shall submit data and samples, or place his orders, sufficiently early to permit consideration, inspection, testing, and approval before the materials and equipment are necessary for incorporation in the work_ Any delays resulting from his failure to do so shall not be used as a basis of a claim against the Town or the Engineer, If the Engineer orders sampling and analyses or tests of materials which are usually accepted on certification of the manufacturer but which appear defective or not conforming to the requirements of the specifications, the Town will bear the costs of tests and analyses of the materials is found to be sound and conforming to the specifications, if found defective or not conforming to the specifications, the Contractor shall bear all of the costs, Sect.GS-18 CERTIFICATES OF MANUFACTURER. For pipe, cement, steel reinforcement, paint, and similar materials which are normally tested in the shop by the manufacturer, the Contractor shall furnish the Engineer certified records of physical, chemical and other pertinent tests, and/or certified statements from the manufacturer that the materials have been manufactured and tests in conformity with the specifications. Where such a small quantity of material is required as to make physical tests or analyses of similar materials which were concurrently as the basis for the acceptance of such materials. Sect.GS-19 INSPECTION. The Town contemplates and the Contractor agrees to the most thorough inspection of the work by the Town's representative and the Engineer, including all labor performed and materials furnished, delivered, or intended to be used in the work, including manufacture, preparation and testing. The Contractor shall not use any material which has not been inspected or tested, and accepted, or perform any work except under the direction of the Engineer. The Contractor shall keep the Engineer advised of the progress of the work away from the site requiring inspection or witnessing of tests, so that arrangements may be made for inspection at the proper time. Inspection, test, or acceptance of any materials prior to shipment shall not be deemed as a final acceptance of the materials. The Engineer may inspect or require tests or analyses of any portion of the materials at any time after delivery to the site either before or after installation, and any material which is found to be defective or which does not otherwise conform to the requirements of the specifications shall be rejected and removed forthwith from the site, as provided in the Contract. Sect.GS-20 ELECTRICAL POWER AND TELEPHONE. The Contractor shall arrange for all temporary light and power service required by him in the performance of work under the Contract, and shall pay all expenses and charges related thereto and all costs of electrical power consumed by him. The Contractor shall provide sufficient temporary light to assure that all work can be done in a safe and workmanlike manner. The Contractor, at his own expense, shall arrange with the local telephone company for all telephone service required by him in the performance of his work under the Contract. Upon completion of all work, the Contractor shall disconnect and remove the temporary light and power service. GS-6 Suct.GS-21 STANDARDIZATION OF GREASE FITTINGS: The Contractor shall ensure that all grease fittings on each piece of equipment furnished under the Contract are standardized so that only the "Alemite" buttonhead type of fitting is utilized. Fittings shall be standard or giant size according to the type of service performed. Sect.GS-22 LUBRICATION AND PACKING. The Contractor shall furnish and use, for each piece of equipment, the type of lubricant and packing recommended by the manufacturer of the equipment. He shall furnish a schedule in triplicate, listing the type, frequency of application of lubricant, an manufacturer of the lubricant and packing recommended for each piece of equipment. At the time of turning the installation over to the Town the Contractor shall furnish one month's supply of each type of lubricant, and sufficient packing to repack each piece of equipment once. Sect.GS-23 TOOLS, SPARE PARTS, AND MANUALS. Each piece of equipment shall be furnished with a dozen lot assortment of keys, bolts, nuts, lock washers, and pins, in tagged sacks. Each piece of equipment having shear pins shall be furnished with two dozen shear pins of each size used, in tagged sacks. Each piece of equipment having leather or rubber washers shall be furnished with two extra washers of each size and material required. The Contractor shall furnish, with each piece of equipment, the complete set of tools normally furnished by the manufacturer for the servicing of the equipment. Each major piece of equipment as specified or determined by the Engineer, shall he furnished with the spare parts listed in the specifications for the equipment or, if no such list is provided, with the standard set of spare parts recommended by the manufacturer of the equipment. The recommended list of spare parts shall be submitted to the Engineer for approval, prior to the delivery of the equipment. All spare parts shall be plainly tagged and marked for identification and ordering. They shall be treated with suitable preservative, wrapped, and packaged to provide adequate protection during storage. The Contractor shall furnish and deliver to the Engineer, prior to the installation of any piece of equipment, four sets of instruction books or trade literature for such equipment to enable the operator to understand the mechanism and its maintenance. Complete numbered parts lists shall be supplied with the instruction books. The Contractor shall furnish four sets of parts drawing of all equipment, including minor parts and sub-assemblies, in such detail as will permit disassembly of each piece of equipment for maintenance. Parts drawings shall show such fabrication and assembly details as are required to permit disassembly and assembly of the equipment. Sect.GS-24 SALVAGED MATERIALS. All materials and equipment removed from existing structures, except that designated as rubbish, shall remain the property of the'Town and shall be stored on the site by the Contractor, as directed. Rubbish shall be removed from the site and disposed of by the Contractor at his own expense. Sect.GS-25 CLEANING UP AND REMOVAL OF DEBRIS. The Contractor shall undertake at his own expense: a. frequently to clean up all refuse, rubbish, scrap materials, and debris caused by his operations, so that at all times the,site shall present a neat, orderly workmanlike appearance; b. before semi-final payment, to remove all surplus material, false-work, temporary structures, including foundations thereof, plant of any description, and debris of every nature resulting from his operations and to put the site in a neat orderly condition; and C, before semi-final payment, he shall restore all areas which have been used for storage of materials and equipment, and all areas which have been disturbed by his operations to their original condition, or to a condition satisfactory to an approved by the Town. He shall seed or sod any grassed areas damaged by his operations and shall maintain such areas until the expiration of the maintenance period. Any such areas which fail to show a uniform stand of ( grass shall be reseeded or resodded until an acceptable stand of grass exists. Sect.GS-26 PROJECT SIGN. The Contractor shall construct a sign according to the enclosed details before the commencement of any work. The sign shall be placed at a location designated by the Engineer. (Not Applicable) GS -7 DEGARMO HILLS ROAD CULVERT REPLACEMENT TOWNOF WAPPINGER DETAILED SPECIFICATIONS TABLE OF CONTENTS ITEM SECTION BOX CULVERT &HEADWALL STRUCTURES EXCAVATION, BEDDING 1.01 AND BACKFILL MEDIUM STONE FILL AND BEDDING RIP-RAP INSTALLATION 2.01 WATERMAIN RELOCATION AND APPURTENANCES 3.01 *****DELETED***** 4.01 ASPHALT PAVEMENT RESTORATION 5.01 MAINTENANCE &PROTECTION OF TRAFFIC 6.01 FOUNDATION STONE (A.O.B.E.) 7.01 RUN-OF-BANK GRAVEL (A.O.B.E) 8.01 -DS - DETAILED SPECIFICATIONS It is the intent of this Contract to install complete and satisfactory box culverts, with headwall structures as described in these specifications and on the Contract Drawings. The Contractor is responsible for a site visit to determine the requirements of this Contract. Please be advised that the downstream culvert is on private property. The Town has obtained a temporary construction easement for this work. Therefore, please coordinate your site visits with this office, so we can notify the property owners. Any and all debris generated by this Contract shall become the property of the Contractor, and shall be immediately hauled offsite and properly disposed of. The site shall be left in a clean and orderly fashion each day after work has stopped. The Contractor shall avoid the presenceof attractive nuisances at the site.. i The location of existing utilities, if any, as shown on the Contract Drawings, are approximately only. It shall be the responsibility of the Contractor to locate and protect any existing utilities during construction. Any damage to existing utilities shall incur the cost of any subsequent restoration necessary, and shall be restored at the Contractor's expense. The Contractor must contact the Underground.Facilities Protective Organization at 1-800-245-2828 prior to start of project. The Contract shall be responsible for restoring all areas disturbed including the access (Central Hudson Gas &Electric right-of-way) and staging area. This restoration shall be in accordance with Item 1.01. The proposed culvert replacement on DeGarmo Hills Road will require the road to be closed. The Contractor shall submit a construction schedule indicating the length of time the road will be closed. However, the road cannot be closed for more than five (5) working days. The Contractor shall notify the Town Highway Department, Wappinger School District and all emergency services 72 hours prior to closing the road. DS - 1 Please be advised that due to the existing stream classification, New York State Department of Environmental Conservation permits are required for the culvert replacements. A copy of the permit is included in the Contract Specifications. The Contractor shall be responsible for conformance to the General and Special Conditions contained within. The Contractor shall be responsible for contacting Central Hudson Gas & Electric Corp. to coordinate all temporary work required for the box culvert installations. DS - 2 ITEM 1.01 BOX CULVERT & HEADWALL STRUCTURES/EXCAVATION BEDDING AND BACKFILL 1.01.1 GENERAL DESCRIPTION The work under this Item shall consist of the satisfactory culvert removal, excavation, bedding, installation of the box culvert, headwalls, special fittings, joint materials, backfill, compaction, proposed grading, and all materials necessary to construct the box culverts as shown on the Contract Drawings and in the locations as described on these drawings or as ordered by the Engineer. Additional work also included under this Item will be the erosion and sedimentation control, clearing and grubbing, construction of sandbag coffer, stream by-pass pumping, and landscape restoration. The Contractors will furnish the necessary material, labor and equipment necessary to complete the job as described herein. All work incidental to the construction of box culverts and headwalls shall be included in the bid price of this Item unless specifically included in another Item under these Contract Documents. Trench excavation and backfill shall consist of the satisfactory removal of all material, necessary excavation, sheeting, trench dewatering, appropriate temporary stream diversion (by-pass pumping), proper disposal of all excess and/or unsuitable trench material, necessary backfilling and the proper mechanical compaction for the construction of work as shown on the accompanying Contract Documents or as directed by the Engineer. All work shall be in accordance with these specifications for the construction of the box culverts and headwalls. 1.01.2 MATERIALS: A. AL UMINUMBOX CUL VERT: The aluminum box culvert shall be as manufactured by Contech Construction Products, Inc., structure number 35-C, or approved equal. Aluminum structural plates, nuts, bolts and extruded aluminum reinforcing ribs shall conform to AASHTO M219, ASTM B746 and ASTM B209. The aluminum box culvert shall be manufactured to meet or exceed the AASHTO Standard Specifications for Highway Bridge's Section 12.8 for HS- 29 loading. All plates (corrugated) and reinforcing ribs shall be factory curved and bolthole punched, to facilitate field bolting and assembly. ITEM I.01 BOX CULVERT& HEADWALL STRUCTURESIEXCAVATION BEDDING& BACKFILL (Cont.) Additional accessories to be supplied with the box culvert are as follows: 1. Corrugated aluminum footing pads with aluminum receiving channels. All additional accessories shall be manufactured in accordance with the above material specifications and delivered to the job site, ready for field connection, B. BEDDING MATERIAL: : Foundation stone as specified by New York State Department of Transportation (N.Y.S.D.O.T.) Standard 703-02 (crushed stone), Size Designation 3 (1"-2"). Bedding Stone as specified byN.Y.S.D.O.T. Standard 703-02 (crushed stone), Size Designation 2 (314"). Backfill Material: ♦ Run-of-Bank(R.O.B.): Material shall consist of an approved run-of-bank gravel similar in gradation to N.Y.S.D.O.T., Item 3.04-02, Type 1. ♦ Surge Fines: Material shall consist of New York Trap Rock"surge fines" or equal, and shall be subject to approval by the Engineer. ♦ Run-of-Trench: In general, material removed from the excavation is suitable for final backfill, provided that the material is free of large stones (maximum size 6") and any other deleterious material. Run-of-trench material shall contain no more than 20% of rock unless well blended with other acceptable material. All excavated material shall be approved, prior to use as run-of- trench backfill, by the Engineer. Samples of the above materials that the Contractor wishes to use shall be delivered to the site at least five (5) days before it skull be used so than an inspection may be able to be made by the Engineer, and appropriate tests shall be able to be done to check for size distribution. f 1,01 -2 ITEM 1.01 BOX CULVERT& HEADWALL STRUCTURESIEXCAVATION BEDDING & BACKFILL (Cont.): C, PRESSURE TREATED WOOD-TIEHEADWALLS: Wood ties shall be 6" x 8" (nominal) pressure treated lumber. Wood preservative application and retention shall be in conformance with Section 708-31 of the New York State Department of Transportation Standard Specification (Jan. 2, 1990). Fasteners shall be galvanized, 318" diameter, 8'/z long spikes. D. RESTORATION PERCENT (%) SEEDING TYPE A LBS PER ACRE 60 RED FESCUE 36 10 KENTUCKY BLUE GRASS 6 20 COMMON RYE GRASS 12 10 BENT 6 100 60 PERCENT(%) SEEDING TYPE B LBS PER ACRE 70 FLAT PEA 30 25 FALL FESCUE 10 5 RED TOP 2 100 42 MULCH STRAW RATE=2.0 TONS PER ACRE OR 90 LBS PER 1,000 SQUARE FEET 1,01 -3 ITEM 1.01 BOX CULVERT &HEADWALL STRUCTURES/EXCAVATION BEDDING& BACKFILL (Cont.) TOPSOIL GRADATION (Sieve Size) %PASSING BY WEIGHT 2 INCH 100 % 1 INCH 85%-100% '/a 1NCH 65%-100% NO 200 MESH 20%- 80% In addition,the topsoil shall conform to all requirements of the Department of Transportation Specifications, Section 713-01,Page 7-10 (ed. January 2nd, 1990). Formulation Rate FERTILIZER: 10-6-4 7 lbs./1000 Ft2 E. EROSION CONTROL: Haybales shall be rectangular shaped bales of hay or straw, free from primary noxious weed seeds and rough or woody material. Wooden stakes a minimum of three (3) feet in length with sufficient strength to secure bales during heavy rains. Silt Fence shall be composed of geotextile fabrics as manufactured by Miraf or approved equal with sound wooden staked having a minimum length of three (3) feet and spaced no greater than ten (10) feet apart. Prefabricated units as manufactured by Geofab or Envirofence, or approved equal shall be used, and installed as per manufacturer's instructions. Onsite Dust Control; Water. 4 1.01 -4 ITEM 1.01 BOX CULVERT &HEADWALL STRUCTURES/EXCAVATION BEDDING & BACKFILL (Cont.) F. PRECAST CONCREI'EBOX CULVERT197NCY WALLS: The box culvert shall be 16' (span) x 4' (rise) as manufactured by the Fort Miller Co. or approved equal. The box culvert shall be manufactured in accordance with ASTM C789. 1. Concrete: 5,000 psi 2. Reinforcement: ASTM A615 Grade 60 3. Entrained Air: 4%- 8% 4. Loading: HS-20 5. Joints: Box culvert sections shall be installed with the female joints upgrade and the male joints fully entered therein. The joints shall be sealed with preformed plastic joint sealers as shown on the plans and as approved by .the Engineer. Minimum depth of joint shall be two inches. Joints shall be fully drawn together and temporarily fastened with approved mechanical fasteners as recommended by the manufacturer. These fasteners shall be removed once all sections are drawn together. All additional accessories required for the installation of the box culvert/wing walls shall f be provided by the manufacturer. 1.01.3 CONSTRUCTION METHODS: Prior to the start of any excavation, the erosion and sedimentation control, coffer dam, and by-pass pump shall be in place, as indicated on the Contract Drawings. Once the above items are completed, to the satisfaction of the Engineer, The Contractor shall proceed with the removal of the existing headwalls and culverts. On the downstream culvert,the Contractor shall carefully remove the wood-tie headwalls so that they may be reinstalled for the proposed culvert. Also, the Contractor shall remove and set aside the existing concrete wall footing, for reinstallation for the new headwalls as shown on the Contract Documents. All excavated material, culvert pipe, headwall sections, asphalt, and unsuitable run-of-trench, shall become property of the Contractor and be promptly removed from the site. The Contractor, at his own expense, shall dispose of this material in accordance with all Federal, State and Local laws. It shall be the Contractor's responsibility at all times to keepthe excavation free from standing water. The water shall be removed and disposed of by the Contractor to a satisfactory disposal point. This shall all be done at the Contractor's expense to the complete satisfaction of the Engineer in charge. To this end, it shall be the Contractor's responsibility to provide all necessary pumps, well points and any other means for removing ground and/or surface water from the necessary excavation. 1,01 -5 ITEM 1.01 BOX CULVERT&HEADWALL STRUCTURES/EXCAVATION BEDDING& BACKFILL (Cont.) The Contractor shall sufficiently dewater all trenches to an elevation 12" below the bottom of the culvert, to completely dry out and solidly the foundation of the proposed culvert to the necessary depth. The end result shall be to provide a firm, solid, completely dry foundation in which to lay the culvert. If additional pumps and/or well points are necessary ftom time to time, the Contractor shall employ whatever equipment necessary to maintain the level of the water in the trench to meet 12" below the invert elevation of the culvert . Unless otherwise directed, no additional payment will be given to the Contractor for the work of by-pass pumping and dewatering the trench as specified above or herein, but the cost of doing this work shall be considered as having been included in the prices stipulated for this Item. Excavation: Trench excavation shall be unclassified and include the removal as indicated or directed of all earth, culvert pipe, headwalls, disintegrated or decomposed ledge,. rock, topsoil, sod and similar materials. Work under this Item shall be limited to the width of the temporary easement and/or payment limits. At no time shall the work digress beyond the limits of the temporary easement. Trench excavation shall be made in conformity with the requirements of the Contract Drawings or as ordered . The Contractor shall furnish and employ such staybracing, sheeting, shoring, etc as may be necessary for the proper completion of work, the protection of property and the safety of the public, employees of the Contractor, Local Public Agency, Engineer and State; all in accordance with the latest revision of the OSHA Standards, Code of Federal Regulations, Title 29, Part 1926.650; Subpart P —Excavations. The OSHA's Excavation Section— Subpart P shall be strictly enforced. The Contractor shall also designate a responsible and capable person to be in charge of complying with the above code. It shall be the Contractor's responsibility to excavate the trench to the proper line and grade. After the excavation is completed, the Engineer shall be notified to inspect the excavation and the character of the foundation material prior to the contractor installing any bedding material, culvert or structure. i 1.01 -6 ITEM 1.01 BOX CULVERT& HEADWALL STRUCTURES/EXCAVATION BEDDING & BACKFILL (Cont.) If the soil in the bottom of the trench is found to be unsuitable, the Engineer will order the Contractor to remove it and replace it with the appropriate foundation material, This A.O.B.E. foundation material may take the shape o.fbeing material or foundation stone or any other material as approved by the Engineer and will be placed by the Contractor only as directed by the Engineer. This is not to be construed as the required bedding material beneath the bottom of the culverts as shown in the vertical payment limits in the box culvert trench details. (See Section 7.01 and 8.01. The length of the excavation open at one time shall not exceed sixty (60) feet or any other length as the Engineer deems reasonable and necessary. In the event that an excavation will remain open over night, the Contractor shall at all times safely guard and exercise proper precaution for the protection of persons and property and shall be responsible for all damages which may occur as a result of his excavation. No excavation shall be allowed to remain open for an extended period of time and shall be backfilled and compacted as directed by the Engineer. If during the course of the work, the Contractor exposes any sewer, drain, or other utility, it shall be the Contractor's responsibility to complete his work damaging or blocking the existing structure. Any damage to any utility or water course met during the course of work, shall be repaired at the Contractor's expense, to the satisfaction of the Engineer insuring that no damage be done to any homeowner or property owner. The method of laying the culvert to line and grade shall be reviewed by the Contractor and Engineer prior to starting, and at any time the Engineer deems necessary to insure that the culvert is laid to the proper line and grade. Any sections found to deviate from this line and grade shall be removed and relayed at the Contractor's expense. Sufficient checks shall be made in order to determine the accuracy of the line and grade as the installation progresses. Prior to the start of the job, the Contractor shall notify a representative of the manufacturer of the culvert that is being used. The manufacturer shall send an ample number to people and an instructors to advise the Contractor and his men in the proper methods of laying the specific type of culvert. These specific methods shall be strictly adhered to by the Contractor. 1, 1,01 -7 ITEM 1.0.1 BOX CULVERT &HEADWALL STRUCTURES/EXCAVATION BEDDING& BACKFILL (Cont.) Culvert Installation: It shall be the responsibility of the Contractor to protect and maintain the newly constructed culvert at all times during construction. Any displacement of the culvert or headwall/structures as a result of inadequate drainage, installation, or backfilling procedures shall be the sole responsibility of the Contractor. It will be his responsibility to restore the displaced item to the proper line and grade with the proper bedding and backfill material. This shall be done without any additional expense to the local public agency. At no time shall the culvert be laid in water. Water shall not be permitted to rise to the level of the bottom of the culvert until such time as it has been inspected as to acceptability, bedded and the trench properly backfilled. No water shall be allow to flow over or rise upon fresh cement mortar, and no water shall be allowed to enter the culvert until such time and under such conditions as the Engineer shall approve. The Contractor shall place the foundation and/or bedding stone in the excavated trench to the grades as shown on the Contract Drawings. The culvert and/or headwall structures shall be set on the bedding material and checked for proper line and grade. Trench Backfl_I: The backfill material shall be as indicated in the Contract Drawings or as ordered by the Engineer. This backfill material shall be placed carefully in layers of six to eight inches with each layer being tamped or compacted with an approved mechanical tamper prior to the installation of the next layer. Care shall be taken that the backfill material is installed evenly on both sides of the culvert (aluminum) to prevent unbalanced loads which may bend of distort the culvert. The bedding and backfill material shall be carried the full width of the trench, however, payment limits shall be as shown in the trench detail. Compaction: The method of and equipment for compaction shall be discussed with the Engineer for his approval prior to implementation. ( Each lift is to be compacted to ninety-five percent (95%) Standard Proctor before the next lift is placed in the trench. In areas were asphalt pavement restoration is to follow see item 5.01. 1.01 - 8 ITEM 1.01 BOX CULVERT & HEADWALL STRUCTURES/EXCAVATION BEDDING & BACKFILL (Cont.) Wood Tie Headwalls: The Contractor shall set the concrete wall footing to the grade as indicated on the Contract plans. The first course of ties shall be secured to the concrete base with #3 bars inserted into pre-drilled holes. The subsequent courses and deadman shall be installed as shown on the Contract plans and fastened with the specified spikes at two (2') foot centers. Once the headwalls have been completed, the Contractor shall complete the backfill as shown. Restoration: The site and adjacent areas of the work will be cleaned on a daily basis of all rubbish, excess material, and promptly restored to it's original condition. It shall be the responsibility of the Contractor to maintain a neat and orderly job site. Any work within Town right-of-ways shall be restored as quickly as possible to the satisfaction of the Engineer, Municipality and Homeowner. No separate payment will be made for any cleanup operation, however, its proper execution # will be demanded by the Engineer in charge. The Contractor shall regard the temporary access and easement as required to remove all ruts and bring the grade back to pre-construction condition satisfactory to the Engineer and property owners. This restoration will be strictly enforced. The Contractor shall be responsible for restoring all areas disturbed during construction. Type A restoration will be performed in areas shown, on the Contract Plans. The Payment Limits for this Item shall be as shown on the Contract Drawings. In no case should the limits of disturbance exceed the actual limits of existing easements, or the width from the edge of existing pavement to the edge of adjacent right-of-ways lines. The Contractor shall scarify the surface of the subsoil (top of backfill)before the topsoil is placed in order to permit bonding of the topsoil and subsoil. Scarifying may be accomplished by raking or other approved means. The Contractor shall place four(4) inches of approved topsoil over the prepared subsoil, such that the topsoil will bring excavation up to the final grade indicated on the Contract Drawings, or as directed by the Engineer. The Contractor shall apply seed at a rate that satisfies the manufacturer's recommendation, and fertilizer to the rate specified within. The Contractor shall apply mulch at the rate of one bale per 1,000 square feet. The Contractor shall be responsible for insuring that the grass germinates and "takes hold". 1.01 -9 ITEM 1.01 BOX CULVERT&HEADWALL STRUCTURES/EXCAVATION BEDDING & BACKFILL (Cont.) The Contractor shall be responsible for total restoration of all areas disturbed by construction under this Contract, including areas outside the limits indicated on the Contract Drawings (as his own expense) if and where the Contractor's construction operations have disturbed existing ground cover. Erosion Controh Provide haybales as required for the temporary control of erosion and to stop silts and sediment from reaching surface waters, adjacent properties, or damaging the work in any way, The Contractor shall schedule and conduct his operations to minimum erosion of soils and to prevent sitting and muddying of streams, wetlands, impoundments, and lands adjacent to or affected by the work. Erosion control measures include water diversion structures or ditches, sedimentation basins or traps, berms, and staked hay or straw bales. All above-mentioned measures shall be installed at locations indicated on the Contract Drawings or ordered by the Engineer. Stake the haybales or silt fence firmly in place. Use a sufficient number of bales to accommodate runoff without causing any flooding and adequately store any silt, sediment and debris reaching them. Leave hay bales or silt fence in place until permanent erosion control measures have developed the capability to prevent erosion or sedimentation. All silt fence shall be secured by embedding approximately eight (8") inches of fabric and driving stakes down into the ground a minimum of sixteen (16") inches. The Contractor shall keep all areas of onsite work reasonably free from dust and spillage as directed by the Engineer when water is used to control dust, it shall be distributed uniformly by the use of suitable spray heads or spray bars. The Contractor shall keep the work zone surfaces and haul routes clear at all times, All loads shall be covered to prevent spillage along the haul routes. Haul routes shall be swept as required by the Engineer. i 1.01 - 10 ITEM 1.01 BOX CULVERT& HEADWALL STRUCTURES/EXCAVATION BEDDING& BACKFILL (Cont.) 1.01.4 METHOD OF MEASUREMENT: This work will be measured for payment by the actual linear footage of properly excavated, placed, bedded and backfilled, box culvert, and all headwall structures measured along the culvert invert, from outside face to outside face of headwalls, as indicated on the Contract Drawings, or as directed by the Engineer. 1.01. 5 BASIS OF PAYMENT: This work will be paid for at the Contract Unit Price Bid per linear foot of properly excavated, placed, bedded and backfilled box culvert and headwall structures, with payment limits as sown on the Contract Drawings, which price shall include culvert and headwall removal, unclassified excavation, erosion and sedimentation control, coffer dam construction and removal, stream by-pass pumping, proposed grading and landscape restoration, and all materials, equipment, tools, labor and work necessary for or incidental to the completion of the Item. This price shall not include pavement restoration(See Item No. 5.01). Any incidental work not specified for payment, but shown on the Contract Drawings shall be included in the Unit Price Bid for culvert. 1.01 - 11 ITEM 2.01 RIP-RAP INSTALLATION l 2.01.1 GENERAL DESCRIPTION: The work to be performed under this Item shall be furnishing labor, equipment and materials to clear, grade and install rip-rap to the lines and grades and locations as shown on the Contract Drawings or as directed by the Engineer. 2.01.2 MATERIALS: The materials to be used under this item shall consist of the following: ♦ Rip-Ran: Medium stone fill as per N.Y.S.D.O.T. Section 620-2,Page 6- 68. (Edition January 1990). ♦ Rp RyB Bedding Material: (If required) to conform to N.Y.S.D.O.T., Section 620-2.05,Page 6-67, 2.01.3 CONSTRUCTION METHODS: All rip-rap shall be installed to the lines, grades, and locations as shown on the Contract Drawings in such a manner that will conform to the following Specifications unless otherwise ordered in writing by the Engineer. A. Where rip-rap is required to be keyed into the bottom of the bank of channel, the Contractor shall excavate the required trench to the depth not less than the thickness of the rip-rap and to a width as indicated on the Contract Plans. B. Stones shall be placed to the dimension approximately equal to the layer thickness is perpendicular to the slope surface and that the weight of the stone is carried by the underlying material and not the adjacent stones. On slopes, the largest stones shall be placed at the bottom of the slope. Rip-rap shall be placed on slopes as called for on the Contract Plans and Drawings. C. Dry rip-rap shall be properly aligned and placed so as to minimize void spaces between adjacent stones. Spaces between the stones shall be filled with spalls of suitable size. 4 2.01 - 1 l ITEM 2.01 RIP-RAP INSTALLATION (Cont.) D. Where required by the Engineer, or as called for on the Contract Plans and Drawings, bedding material shall be placed prior to the placement of dry rip-rap. Bedding material shall be placed on the prepared surface in equal lifts, to the thickness called for on the Plans and Drawings related to this Contract. Bedding material shall be placed in a manner, which will not cause segregation of the particles. Contamination of bedding material by natural soils or other material which becomes contaminated or mixed shall be removed, and replaced with uncontaminated bedding material at no additional expense to the Owner. 2.01.4 METHOD OF MEASUREMENT: This work will be measured for payment by the actual number of cubic yards of stone fill installed, in place, within the limits as shown on the Contract Drawings, or as directed by the Engineer. 2.01.5 BASIS OF PAYMENT: This work will be paid for at the Contract Unit Price per cubic yard of correctly placed stone fill, including bedding material if required by Engineer, and all costs for labor, machinery, tools,transportation, disposal requirements and any other Items necessary for or incidental to the completion of the Item. .t 2,01 - 2 ITEM 3.01 WATER MAIN RELOCATION AND APPURTENANCES: t 3.01.1 GENERAL DESCRIPTION Under these specifications,the Contractor shall make all necessary alterations to the water supply system located in the construction area including test pits, existing water main removal, excavation,bedding, pipe installation and insulation, and all appurtenances as shown on the Contract Drawings called for in the specifications or as ordered by the Engineer. Where AWWA or ANSI specifications are noted,the most recent revision of that specification shall apply. It should be noted that this Item will be undertaken only as required due to field conditions or as directed by the Engineer. All work shall be done in accordance with the plans, specifications and the standard practices of the owners of the water system and shall be satisfactory to the Engineer. All materials used shall be current type used by Owner. 3,01.2 MATERIALS: A. GENERAL: The general construction methods employed by the manufacturer of the water main pipe to be used under this project shall be subject to the approval by the Engineer. All water main pipe shall be manufactured by an organization of good reputation which has substantial experience in the manufacture of the specific type water main pipe. The Contractor shall submit shop drawings to the Engineer for approval prior to ordering the pipe. The shop drawings shall consist of the manufacturer's name with the specific details including the type of joint construction of the pipe submitted. The Engineer in charge reserves the right to have the specific manufacturer submit certifications of the individual materials used in the construction of the pipe. All tests done by ASTM, or any other approving agency will be made in the presence of the Engineer. Preliminary passing of tests at the manufacturer's plant or place of assembly shall not constitute final approval by the Engineer. Any pipe that is damaged in shipment,unloading, or any other point and found to be defective prior to being incorporated into the project will be rejected. The Engineer reserves the right to reject an entire shipment of pipe should the sample from any shipment fail to meet the specifications as required herein. Any random testing shall be done at the request of the Engineer at the expense of the Contractor and/or the manufacturer of the pipe. Any necessary equipment, test material or other facilities will be provided by the Contractor and/or pipe manufacturer. 3.01 - 1 ( ITEM 3.01 WATER MAIN RELOCATION AND APPURTENANCES (Cont. : DESIGN DATE AND SHOP DRAWINGS: The pipe supplier shall make available to the Contractor and/or the Engineer basic design data on the pipe and shop drawings of the specials and fittings. Th supplier will also make available to the Contractors pipe schedule indicating the sequence of installation of pipe,fittings, specials, and the elevations and stationing of the line at key points such as outlets, bends, and changes in grade. B. PIPE: The pipe used shall be 8"diameter ductile iron, centrifugally cast in accordance with A.N.S.I. A21.51 (A.W.W.A. C151), The pipe shall be class thickness 52 and shall have a rated working pressure designated by the size of the pipe and the amount of cover for"LAYING CONDITION TYPE 5". The actual laying length shall be 20 feet as manufactured by Griffin Pipe Products or approved equal. C. JOINTS: Pipe joints shall be either the mechanical or the push-on type which employs a single elongated grooved rubber gasket to effect a watertight joint seal, as illustrated on the Contract Drawings. D. FITTINGS,.LININGS AND COATINGS: Fittings and specials for bell and spigot type with Tyton joint pipe and with mechanical joint pipe shall confirm with A.N.S.I. A21.10(A.W.W.A. Cl 10)and AXS.I.A21.11 (AMM,A. C111), respectively. All pipe and fittings shall be double-lined with cement-mortar on the inside and coated with coal tar or asphalt base on the outside. The cement lining and seal coating shall meet the requirements of A.N.S.I. A21.4(A.W.W.A. C104). The thickness of the lining shall be double the standard thickness required by said specification. All of the above materials shall conform to all of the following applicable standards. • Thickness Design of Ductile Iron Pipe: ANSUAWWA C 1501A21.50 • Ductile Iron Pipe for Water and Other Liquids: ANSI/AWWA C151/A121.51-FEDERAL WWP42ID-GRADE C • Ductile and Gray Iron Fittings for Water and Other Liquids { 3"through 48"—ANSI/AWWA C110/A21.10 • Ductile Iron Compact Fittings: ANSIIAWWA C1531A21.53 3.01 -2 ITEM 3.01 WATER MAIN RELOCATION AND APPURTENANCES„(Cont.); • Flanged Fittings: ANSI/AWWA C110/A21.10-ANSI B16-1 • Ductile Iron Pipe with Threaded Flanges: ANSI/AWWAC115/21.15 • Coating and Linings: Asphaltic ANSI/AWWA C151/A21.51 ANSI/AWWA C I I O/A21.10 ANSI/AWWA C153/A21.53 Cement Lining: ANSVAWWA C104/A21.4 • Joints-Pipe and Fittings-Push-On and Mechanical Rubber-Gasket Joints: ANSI/AWWA C111/A21.11 FEDERAL WWP421D Flanged: ANSFAWWA C115/A21.5 ANSI B16.1 Grooved and Shouldered: ANSUAWWA C606 • Pipe Threads: ANSI B2.1 • Installation: ANSI/AWWA C600 • Joint Restraint Mechanical joint restraint shall be incorporated in the design of the follower gland and shall include a restraining mechanism, which when actuated, imparts multiple wedging action against the pipe, increasing its resistance as the pressure increases. Flexibility of the joint shall be maintained after burial. Glands shall be manufactured of ductile iron conforming to ASTM A 536-80. Restraining devices shall be of ductile iron heat treated to a minimum hardness of 370 BHN. Dimensions of the gland shall be such that it can be used with the standardized mechanical joint bell and tee-head bolts conforming to ANSI/AWWA A21.11 and ANSI/AWWA C 153/A21.53 of latest revision. Twist-off nuts shall be used to insure proper actuating of the restraining devices. The mechanical joint restraint device shall have a working pressure of a least 350 psi with a minimum safety factor of 2:1 and shall be EBAA Iron Inc., "MEGA- LUG”or equal. Restraint of joints attached to cast iron pipe, shall include use of friction clamps and 3/"bituminous coated threaded rods. 3,01 -3 XTEM 3.01 WATER MAIN RELOCATION AND APPURTENANCES {,Cant.): E. CRUSHED STONE All material placed under this Item within this job shall consist of a graded, crushed or broken stone conforming to the material requirements of Section 703-0201 Coarse Aggregates of the Standard Specifications of the New York State Department of Transportation. The stone shall be Size Designation 2. Samples of the materials that the Contractor wishes to use shall be delivered to the site at least five days before it shall be used so that an inspection may be able to be made by the Engineer and appropriate tests shall be able to be done to check for size distribution. F. SURGE FINES All materials placed under this Item within this job shall consist of New York Trap Rock"surge fines" or equal, and shall be subject to approval by the Engineer. G. INSULATION: Two(2")inch thick rigid type polystyrene insulation("Foamular")as manufactured by Owens Corning, or approved equal. Insulation shall be suitable for underground burial applications. Contractor shall submit shop drawings and/or manufacturer's specifications to the Engineer for approval prior to installation. 3.01.3 CONSTRUCTION METHODS: The Contractor shall prepare and submit for approval to the Engineer, schedules of the proposed sequence of work and details of the various members comprising the work. The locations of the existing mains as shown on the contract plans are approximate. The Contractor shall excavate test pits to determine the exact locations of such pipes and submit details for connecting the existing pipe to the proposed main for the Engineer's approval before ordering new pipe. Contractor shall provide all necessary shoring in conformance with the Code of Federal Regulations Title 29,Part 1926.650: Subpart P—Excavation. Damage to existing facilities due to the Contractor's operations shall be repaired or replaced at the Contractor's expense. A shutdown of any portion of water service to make connections to existing mains shall be made only with the consent of the local water department. Approvals for shutting off water service must be obtained from the Engineer and the local water department. 3.01 -4 { ITEM 3.01 WATER MAIN RELOCATION AND APPURTENANCES (Cant.): The Contractor shall give at least forty-eight(48)hours notice to each consumer prior to interruption of service. When a main is shut off to work on connections, work shall be carried on continuously by the Contractor and with all possible dispatch until the main is again turned on. When service is interrupted to relocate a water main, the Contractor shall, when ordered by the Engineer, provide temporary service connections. The Contractor shall make all necessary arrangements, obtain all permits, and pay all charges as required to satisfy the requirements and regulations of the local water department. The Contractor shall be responsible for excavating the trench to the lines and dimensions as shown, laying the pipe,bedding the pipe as shown,placing select granular fill as shown,backfilling the remainder of the trench, and daily clean up ofjob site. It should be understood that all removal of existing water mains, excavation, bedding and backfill material will be paid for under the price bid per foot of pipe. The Contractor shall also furnish and install all necessary fittings, i.e. sleeves, elbows, etc.,to complete this water line. The Contractor shall be paid the actual laying length of the fitting of pipe. All necessary items associated with the fittings, tie rods, etc. shall be furnished and installed and paid for in the price per foot of pipe. In addition,pipes shall be laid so that the centers form a straight line parallel to the required grade. It pipes are to be laid out of line for making curved, the sections must be brought together straight and the curve formed before mechanical joints are made up. Pipes shall be laid to a grade required to pass under drains, ducts, etc., as directed by the Engineer or as indicated on the Contract Drawings, and to provide a minimum of five feet(5') from the top of pipe to the finished grade. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being placed, All pipe connections shall be made in the trench. No joining of pipes will be allowed before lowering and setting in the trench, All pipes shall be laid at such a depth as to provide a cover of not less than five feet (5)unless otherwise indicated on the plans. In accomplishing the lowering of the water main,the Contractor shall be required to center a full 20 foot length of eight inch ductile iron pipe under the proposed 16' x 4' box culvert such that no joints full under said proposed culvert. All newly installed ductile iron pipe shall be restrained by the use of"Mega-Lug" retainer glands as specified herein. Both sides of the newly lowered water main shall be suitably restrained back to the existing cast iron pipe. When restraining j, fittings to the existing cast iron pipe, Contractor shall excavate back along the existing cast iron pipe a minimum distance of five feet, install dual sets of friction clamps and road to proposed fittings. All rods shall be 3/,"bituminous coated. 3,01 —5 ITEM 3.01 WATER MAIN RELOCATION AND APPURTENANCES (Cont.): The 20-foot length to be centered under the box culvert may require the bell to be left on. In this case,the Contractor shall install a short(18"-24")stub piece prior to the mechanical joint bend and rod the fitting back behind the bell. The Engineer shall be the sole judge as to the suitability of restraint methods, and final vertical separation between the water main and the proposed box culvert. The newly installed water main shall undergo a"visual pressure test", which testing must be witnessed and approved by the Engineer prior to backfilling. The Contractor shall place the insulation 6"above the top of the pipe and to a width of four(4)feet. The length of pipe to be insulated shall be as shown on the Contract Drawings. Prior to laying of water main, all piping,bends, etc, shall be thoroughly cleaned with an acceptable chlorine solution. Once the water main is put back on line,the Contractor shall immediately take water samples and submit bacteriological test results to the Dutchess County Health Department. Said disinfecting and sampling shall be done in conformance with AWWA C651 (latest revision)and with the directives of the Engineer. i 3.01,4 MEASUREMENT AND PAYMENT: The Contractor shall be paid the unit price bid per linear foot for furnishing and installing ductile iron pipe and fittings of the sizes shown on the plans. The quantity for measurement will be determined by the actual laying length of the pipe, straight through all fittings, and to the extreme of each mechanical sleeve. The unit price bid shall include,but not be limited to the test pits,pipe installation, fittings,joint material,tie rods, excavation,insulation,backfill,backfill material, pumping, compaction of backfill material (maximum 12"lifts), coordination with Water Department, cleanup, pressure testing, disinfecting, and all other associated items. 3.01 -6 ITEM 4.01. DELETED l 'THIS ITEHHAS BEEN DELETED '�** ITEM 5.01 ASPAHLT PAVEMENT RESTORATION: 5.01.1 GENERAL DESCRIPTION: The work under this Item shall consist of the satisfactory installation of new asphalt pavement and base materials where it was removed under Item 1.01 and/or any other Item herein, as illustrated on the Contract Drawings, or as directed by the Engineer. Pavement restoration shall consist of subbase, binder course and top course, as illustrated on the Contract Drawings. 5.01.2 MATERIALS: The materials to be used under this Item shall consist of the following: ♦ Subbase: 12" —Item No. 4 similar in gradation to N.Y.S.D.O.T. Standard Specifications 4304.03. ♦ Binder Course: 3" — Type 3 Binder as per the N.Y.S.D.O.T. Specification $403.13. ♦ Ton Course: 2" —Type 6 Top as per the N.Y.S.D.O.T, Specification #403.16 i 5.01.3 CONSTRUCTION METHODS: All pavement/base to be removed shall be sawcut completely through its entire depth uniformly along the limits of removal as illustrated on the Contract Drawings, or as ordered by the Engineer. After pavement/base has been cut, care shall be exercised by the Contractor to avoid damaging the adjacent pavement outside the sawcut. Any damages occurring to this pavement will result in additional sawcutting and pavement at the Contractor's expense. Subbase materials and top treatments shall then be applied according to the Contract Details. All compaction referenced herein shall be performed to achieve a minimum of 98% of maximum dry density as determined by AASHTO Specification on each lift prior to subsequent lifts. Three (3) inches of binder course and two (2) inches of top course shall then be applied and compacted to a density of 110#/sq. yard/inch of depth, using a ten ton vibratory drum roller (minimum). The Contractor shall match the existing pavement elevations with the new pavement elevations. 5.01 - 1 t ITEM 5.01 ASPAHLT PAVEMENT RESTORATION (Cont.): The Contractor shall repair any settling in the new pavement area which may occur due to improper compaction and placement of the backfill, (Item No. 4 Base, Binder Course and Top Course). 5.01,4 METHOD OF MEASUREMENT: This work will be measured for payment by the actual number of correctly placed square yards of asphalt pavement of the type specified including all work described. The unit price bid shall include sawcutting, placement/compaction of subbase, binder and top, as indicated on the Contract Drawings, or as directed by the Engineer. The payment limits for this Item shall be as illustrated on the Contract Drawings. The Contractor is responsible for any damage done to the adjacent pavement surface and will fix the same at no extra cost to the Owner. 5.01.5 BASIS OF PAYMENT: I This work will be paid for at the Contract Unit Price per square yard of correctly placed asphalt of the type specified, which price shall include all costs for labor, material, machinery, tools, transportation, disposal requirements and any other items necessary for or incidental to the completion of the Item. f 5.01 -2 ITEM 6.01 MAINTENANCE AND PROTECTION OF TRAFFIC: 6.01.1 GENERAL DESCRIPTION: The work to be performed under this Item shall consist of controlling and maintaining traffic flow in a safe and orderly manner, protecting the public from damage to person and property, and all measures necessary to temporally close a section of Degarmo Hills Road (signs, barricades, etc.). Also included under this Item shall be the removal and reinstallation of the existing guiderail. Seventy-two (72) hours prior to the closing or detouring of any section of the road, the Contractor shall be responsible for notifying in writing the Town Highway Superintendent, Town Engineer, local school district, police, fire, ambulance and other emergency groups, local residents that will be affected, and any person and/or institution as deemed necessary by the Engineer. 6.01.2 MATERIALS: All work signs, barricades and flags shall conform to requirements of the Manual of Uniform Traffic Control Devices (M.U.T.C.D.), N.Y.S.D.O.T. Standard Specification, Section 619, and the Town Highway Department. 6.01.3 CONSTRUCTION METHODS: The Contractor shall furnish and install any and all signs, flagpersons, barricades, warnings, etc., as per the N.Y.S.D.O.T. requirements during construction and during the night. Any open holes, trenches, excavations, shall be barricaded, flagged with reflective type signs and barricades and temporary construction fencing. The Contractor shall be held responsible for any damages and/or injury occurring due to inadequately protected area. The Contractor shall install maintenance and protection of traffic control devices at the locations as shown on the Contract Drawings or as ordered by the Engineer. The barricades used to close the road, shall be placed beyond the project limits as shown, and shall contain reflective tape and self-powered flashers At the end of each work day, the Contractor shall enclose all open excavations with 4 foot high construction fence (high density polyethylene) r supported by posts, to the satisfaction of the Engineer and/or Town Highway Superintendent. 6.01 - 1 { ITEM 6.01 MAINTENANCE AND PROTECTION OF TRAFFIC (Cont.): The Contractor shall carefully remove the existing guideraiI and store it in a satisfactory location. The Contractor will reinstall the guide rail to its original location and height to the satisfaction of the Engineer and Highway Superintendent. 6.01.4 METHOD OF MEASUREMENT: The quantity to be paid for under this Item shall be the Lump Sum price for the proper maintenance and protection of vehicular and pedestrian traffic, removal and reinstallation of the existing guiderail, and the temporary road closure ofDegarmo Hills Road during construction at that particular site. The price bid shall include all costs for materials, labor, machinery, tools, barricades, flags, lighting, etc., and all other Items, whether or not mentioned herein, necessary to perform a workmanlike and safe job. 6.01.5 BASIS OF PAYMENT: This work will be paid monthly on a percentage of the total contract completed to date. 6.01 - 2 ITEM 7.01 FOUNDATION STONE (A.O.B.E.) i 7.01,1 GENERAL DESCRIPTION: The work under this Item shall consist of furnishing, placing and compacting appropriate foundation stone only when as ordered by the Engineer (A.O.B.E.)to replace unsuitable existing foundation material outside the vertical contract limit lines or as required by the Engineer. It shall consist of a graded, crushed, or broken stone to conform to the specifications listed below. 7.01.2 MATERIALS: All materials placed under this Item within this job consist of a graded, crushed, or broken stone conforming to the material requirements of Section 703-02 Coarse Aggregates of the Standard Specifications of the N.Y.S.D.O.T. The stone shall be as specified by the Engineer. Samples of the materials that the Contractor wishes to use shall be delivered to the site at least five (5) days before it shall be used so that an inspection may be able to be made by the Engineer and appropriate tests shall be able to be done to check for size distribution. 7.01.3 CONSTRUCTION METHODS: Where foundation stone is used for foundation material, it shall be deposited in layers not exceeding six inches with each layer being compacted prior to the addition of a subsequent layer. The Engineer will specify the appropriate foundation size gradation to be utilized for each specific component of the project. This would depend upon site field conditions and may change on a daily basis. It also shall be noted that the lower of the stone bedding may consist of a different gradation than the upper material. 7.01A METHOD OF MEASUREMENT: Foundation stone will be measured by the Engineer in place after compaction outside of the vertical payment lines as shown on the Contract Drawings or as ordered by the Engineer. The Contractor will be paid only up to the appropriate horizontal and vertical payment limits as shown on the drawings. Additional material outside of normal pipe bedding will be paid for only when ordered in writing by the Engineer. 7.01 - 1 ITEM 7.01 FOUNDATION STONE (A.O.B.E.) (Cont.): 7,01.5 BASIS OF PAYMENT: The work under this Item will be paid at the Contract Unit Price Bid per cubic yard for foundation stone. The price bid shall be for the stone complete, delivered to the job site and placed within the limits as ordered by the Engineer and as delineated within these documents. Price shall include all material costs, equipment costs, and labor costs necessary or incidental to the satisfactory completion of this Item. No separate payment will be made for the different gradations supplied or separate gradations within the trench as shown on the Contract Documents or as ordered by the Engineer. Any foundation stone material not ordered by the Engineer will not be considered for payment. 7,01 - 2 ITEM 8.01 RUN-OF-BANK GRAVEL(A.O.B.E.) 8,01.1 GENERAL DESCRIPTION: The work under this Item shall consist of furnishing, placing and compacting approved run-of-bank gravel only when as ordered by the Engineer (A.O.B.E.)to be used as backfill material outside the Contract limit lines or as required by the Engineer. The material shall consist of the appropriate granular material conforming to the requirements listed below. 8.01.2 MATERIALS: All material placed under this Item within this project shall consist of an approved run-of-bank gravel being free from stones larger than 3" in diameter and similar in gradation to N.Y.S.D.O.T., Item 3,04-02, Type 1. Samples of the materials that the Contractor wishes to use shall be delivered to the site at least five days before it shall be used so that an inspection may be able to be made by the Engineer and appropriate tests shall be able to be done to check for size distribution. i 8.01.3 CONSTRUCTION METHODS: Where gravel is used for backfill, it shall be deposited in layers not exceeding eight (8") inches with each layer being compacted to 95% Standard Proctor Density prior to the addition of a subsequent layer. 8,01.4 METHOD OF MEASUREMENT: Approved run-of-bank gravel will be measured for payment by the actual number of cubic yards in-place where ordered by the Engineer. 8.01.5 BASIS OF PAYMENT: This work will be paid for at the Contract Unit Price bid per cubic yard for run-of-bank gravel placed where ordered by the Engineer, The unit price bid shall include all work to furnish and install the run-of-bank gravel, including any necessary labor, equipment, and tools necessary for the satisfactory completion of the project. Payment under this Item will be made for run-of-bank material used only where ordered by the Engineer. 8,01 - 1 N r i i " m � r o, 3 N, 9«a, 01 p �< m . ......... A wan �a w SITE, o, gym, m ,V` � u�umeuwnwwxmamwiwnmmm�mwvwxnrvx I "' m ,m ` xuuwnnuww.wuowuwwwmwmmmnwuawwnwwwuxnumiwrvwrvww ��" vwmmxw�winmmuw mww�.�iwv.��.w mmwwmwwww wmwomw�,wmi ma�m'ywm mm un�raA�.mwwuwrmmma�ummruw;mww.wmmuuawuiwwmimumwuw�wmmmmmummwwim��.xu.uuwwwww sc Li. 1 RIWGI, MARTIN & DEL BENE UP Coaisa.s,lting Eaa,yineea-s �Lcancl Sur veti�r�a-s 56 Main Strut Poughkeepsie, New York.12601 845-471-7898 845-471-0905 (FAI) March 23, 2001 Town Board Town of Wappinger P.O. Bos 324 Wappingers Falls,New York 12590 Attention; Constance 0. Smith, Supervisor Reference: Degarmo Hill Road Culvert Replacement Dear Supervisor Smith &Board Members: On March 23", 2001 at 11:00 a.m.,the bids were opened for the above referenced project with the results as follows: 1. Neuss Construction Inc.: $ 149,875.00 2. Tensco Construction: $ 156,275.00 3, Grant Street Construction Inc.: $ 169,000.00 4. Hudson Canyon Construction: $ 189,712.00 5. Lash Contracting, Inc.: $ 194,350.00 We have reviewed all bids and find them to be accurate and in order, On Monday, March 26'1', 2001, this office is meeting with Mr. &Mrs, Haas to finalize the temporary construction easement through the Central Hudson right-of-way on their property, Therefore, we recommend that the contract beawarded to Neuss Construction, Inc, for $149,875.00 subject to the execution of the temporary construction.easement. f you have any questions or concerns,please do not hesitate to contact this office. V truly yours, Charles R. Del Bene, Jr. C:RD:law cc; Town Board Hon, Gloria Morse Albert P. Roberts,Esq. Hon. Graham:Foster Canso Pollution Control Jnseph .Pi_,i,Jr.,1'.E, Ernst MLrtitl,.Jr..I'E,L.ti, ("Ilarlev I!. Dei Bene.Jr- P.P.