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HomeMy WebLinkAboutElizabeth Field Airport Runway Crack Repair & Sealing Restricted Oelive (~ Total Postage & Fee: Postmark Here · Complete ~tems 1, 2, and 3. Also complete item 4 ff RestS-ted Delivery Is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the Pack of the mailplece, or on the front If space permits. PS Form 3. Sen'Ice ~pe m~Ma~l r-I i~q31ess Mail [] Registered [] Return Recaipt for Me~handlse [] Insured Mall [] C.O.D. 4. Rest~cted Deliv~ ~a Fee) I'1 yes ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2011 Hi-Lite Markings Inc Richard McNeely, III PO Box 460 Adams Center, NY 13606 Dear Mr. McNeely, III: This office has been informed that the following project has been completed and your bid bond/check can be released: 2009 Fishers Island Elizabeth Field Airport Enclosed please find your bid bond/check no. HIL070909 dated July 6, 2009. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Encs. Page I of 1 Rudder, Lynda From: mgffiferry@flshersisland.net Sent: Tuesday, March 29, 2011 9:11 AM To: Rudder, Lynda Subject: Re: bids Hi Lynda, The two bonds for Hi Lite markings can be released. The other two are for upcoming projects. Tom .... Original Message ..... From: Rudder, Lynda To: Richter, Jamie; McMahon, James_; m~erry@fishersisland.net Sent: Friday, March 25, 2011 9:13 AM Subject: bids Please let me know if the bid bonds can be released for the following projects: Construction Consultants Corazzini Asphalt Hi-Lite Markings Garden State Sealing Axtell's Inc Hi-Lite Markings Burt's Reliable D F Stone Contracting Peconic School ' 2009 FI Road & Stormwater Improvement - 2010 Elizabeth Field - 2010 Elizabeth Field - 2010 Elizabeth Field - 2010 Elizabeth Field - 2009 Animal Shelter HVAC - 2007 Scavenger Waste Plant Thank you in advance for your help Lynda M Rudder Lynda M Rudder Deputy Southold Town Clerk 53095MainRoad PO Box 1179 Southold, NY 11971 (631)765-1800 ext 265 3/29/201.1 ' ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma/n Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2011 Garden State Sealing Richard Manners 8 Memorial Parkway Long Branch, NJ 07740 Dear Mr. Manners: Enclosed please find your bid bond/check dated August 16, 2010. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Encs. Street, Apt. No.; or PO BOX NO, Postmark Here · Complete items 1,2, and 3. Also complete Item 4 If Restricted Deliver/is desired. · Pdnt your name and address on the mveme so that we ~ tatum the card to you. . · Attach thi~mrd to the back of the maitp~ece, or on the ~ht if space permits. [] Addressee · Date of Delivery :f~m ~tem I? nye~ ff YES, enter delivery address below: [] No [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Reetflcted Detiveflf? (Extra Fee) [] Ye~ 7009 0820 0001 7820 6699 2. Article Number IrTr~u i~ ;'~F ~ s~V~ ~ 102595-02-M-1540 ~ PS Form 3811, Febn/ary 2004 Domestic Return Receipt ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2011 Axtells Inc Jeremy Cunningham RR # 1, Box 431 Olyphant, PA 18447 Dear Mr. Cunningham: Enclosed please find your bid bond/check no. 70976537 dated August 16, 2010. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk ER¢S. r"l Return Rece Postmark i'-I (Endorsement F Here I;3 rM "- ~ ~F~; ~- ................ ~ ............................................ · Complate items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and addmes on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (rm~er from ~n~ce/a/~0 B. Received by ( Pn)~ted Name) D. Is delivery address different from Item 1, If YES. enter dellve~y address below: [] [] No [] Reglate~d [] Retum Re(~pt for Merchandise [] Inaured Mall [] C.O.D. 4. Restored ~k, ay/(E~a Fee) [:3y~ 7009 0820 0001 7820 6712 PS Form 3811, February 2004 Domestic J~ ~ 102595~02-M.1540 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2011 Hi-Lite Markings Inc John McNeely PO Box 460 Adams Center, NY 13606 Dear Mr. McNeely: This office has been informed that the following project has been completed and your bid bond/check can be released: 2010 Fishers Island Elizabeth. Field Airport Enclosed please find your bid bond/check no. HAN081610 dated August 11, 2010. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Encs. Page 1 of I Rudder, Lynda From: mgrfiferry@fishersisland.net Sent: Tuesday, March 29, 2011 9:11 AM To: Rudder, Lynda Subject: Re: bids Hi Lynda, The two bonds for Hi Lite markings can be released. The other two are for upcoming projects. Tom .... Original Message ..... From: RudderLLynda To: Richter, Jamie; McMahon, James; mgrfiferry@fishersisland~net Sent: Friday, March 25, 2011 9:13 AM Subject: bids Please let me know if the bid bonds can be released for the following projects: Construction Consultants Corazzini Asphalt Hi-Lite Markings Garden State Sealing Axtell's Inc Hi-Lite Markings Burt's Reliable D F Stone Contracting Peconic School - 2009 FI Road & Stormwater Improvement ' 2010 Elizabeth Field - 2010 Elizabeth Field - 2010 Elizabeth Field - 2010 Elizabeth Field ' 2009 Animal Shelter HVAC ' 2007 Scavenger Waste Plant Thank you in advance for your help I Lynda M Rudder Lynda M Rudder Deputy Southold Town Clerk 53095 Main Road PO Box 1179 Southold, NY 11971 (631)765-1800 ext 265 3/29/2011 RESOLUTION 2009-681 ADOPTED DOC 1D: 5207 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-681 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11, 2009: RESOLVED that the Town Board of the Town of Southold, at the request of the Fishers lsland Ferry District~ hereby accepts the bid of Hi-Lite Markingn~ Inc. of Adams Center~ NY~ for the contract titled "Elizabeth Field Airport Runway Crack Repair and Sealing" FAA AIP No. 3-36-0029-16-09 (D), NYSDOT Project No. 0913.16 (D) in the amount of $139,048.00, all in accordance with the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell · MARTIN D. FINNEGAN TOWN ATTORNEY martin,finnegan@town.sout hold .ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer, andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD October 16, 2009 Mr. Christopher D. Brubach, P.E. Senior Project Engineer C&S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, NY 13212 RE: Contract Documents for Construction w/Hi-Lite Markings, Inc. F.I. Elizabeth Field Airport/Runway Crack Repair & Sealing Project Dear Mr. Brubach: Pursuant to your letter dated August 20, 2009, I am enclosing four counterparts of the referenced Agreement, all of which have been executed by Supervisor Russell. We have retained the fully executed original Agreement for our records. I am also enclosing a copy of the resolution authorizing Supervisor Russell to sign this AgreemenL If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you for your attention. Lynne Krauza Secretary to the Town Attorney ,,k Enclosures cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls. - original) Mr. Thomas Doherty, Manager, F.I. Ferry District (w/o encls.) I I i I I ! I I I I i ! ! I ! I ORIGINAL CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF RUNWAY CRACK REPAIR & SEALING ELIZABETH FIELD TOWN OF SOUTHOLD FISHER'S ISLAND, NEW YORK FAA AIP PROJECT NO. 3-36-0029-16-09 (D) 3-36-0029-17-09 (C) NYSDOT PROJECT NO. 0913.16 (D) 0913.17 (C) ORIGINAL coPY JUNE 1, 2009 I ! I I I I I I I I I I I I I I I I I I ADVERTISEMENT NOTICE TO BIDDERS FOR THE CONSTRUCTION OF RUNWAY CRACK REPAIR & SEALING ATTHE ELIZABETH FIELD NOTICE IS HEREBY GIVEN that in accordance with the provisions of Section 103 of the General Municipal Law, sealed bids am sought and requested for the construction of the Runway Crack Repair & Sealing Project at the Elizabeth Field Airport, Fishers Island, Southold, New York. It is anticipated that this proiect will commence after September 15, 2009. Sealed bids for the construction of Runway Crack Repair & Sealing Contract will be received at the Town Clerk's Office, 53095 Route 25, Southold, New York 11971, until 10:00 A.M., local time, July 9th, 2009, and there, at said office, at said time, publicly opened and read aloud. This project will consist of crack sealing and select repairs with polymer modified asphalt concrete on Runways 12-30 & 7-25. Remarking both runways over existing markings will follow crack sealing and repairs. The Contract Documents, consisting of the Advertisement, General Provisions, Bid, Agreement, Special Provisions and Contract Drawings, may be obtained from the Town Clerk's Office, 53095 Route 25, Southold, New York 11971 (Elizabeth Neville ~ 631-765-1800) or the Fishers Island Ferry District office on Fishers Island (Thomas Doherty ~ 631-788-7463), upon deposit of fifty dollars ($50.00) per set (check only), payable to the Town of Southold. Any plan holder, upon returning the drawings in good condition within thirty (30) days of the bid date will be refunded the full amount of his/her deposit. Parties failing to conform to the above conditions within the prescribed allotted time shall forfeit their deposits as heretofore set forth and shall have no recourse against the Town of Southold for refunds of the Plans and Specifications deposit. Bidders may inspect the property upon which the work is to occur. The property is located at the Elizabeth Field Airport, Fisher's Island, New York, 06390. Thomas Doherty, Port Manager, Fishers Island Ferry District (Phone: 631-788-7463) must be contacted before entering the property for more particulars as to location. Any questions regarding this project may be directed to Patrick M. Hludzenski of C&S Engineers, Inc. in Syracuse, NY, at (315) 455- 2000, Fax (315) 455-9667. Copies of the above described Contract Documents may be examined at no expense at the Town Clerk's Office, 53095 Route 25, Southold, New York 11971, and at the Office of C&S Engineers, Inc., 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212 (315-455-2000), and at the Fishers Island Ferry District Office on Fishers Island. Each bid must be accompanied by a certified check or bid bond, in the amount often percent (10%) of the total maximum bid price (combination of base bid or alternate bid plus add-on items) for the contract in the form and subject to the conditions provided in the Preparation of Proposal. o5/o4 ADV- 1 I I I I I I I I I I I I I I I I I I I The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all infomaalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "BID ON RUNWAY CRACK REPAIR & SEALING AT THE ELIZABETH AIRPORT" and submitted to the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: June25th, 2009 05/04 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK END OF ADVERTISEMENT ADV-2 CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF RUNWAY CRACK REPAIR & SEALING ELIZABETH FIELD TOWN OF SOUTHOLD FISHER'S ISLAND, NEW YORK FAA AlP PROJECT NO. 3-36-0029-16-09 (D) 3-36-0029-17-09 (C) NYSDOT PROJECT NO. 0913.16 (D) 0913.17 (C) JUNE 1, 2009 ~ C&S ENGINEERS, INC. /~ 0~ 0~x~ 499 Col. Eileen Collins Boulevard (~ '- ~~/ S yracuse, NewYork 13212 f~~ ~k'~ff~ -Christopher D. Brubach, P.E.- N.Y.S.P.E. Lic. No. 08342~ PROJECT NO. 211.012.001 I I I Ir I I 1 I I I I I I i I I I i TABLE OF CONTENTS ADVERTISEMENT QUANTITIES FOR CANVASS OF BIDS PROPOSAL ATTACHMENTS TO PROPOSAL Contractor's Certification of Eligibility Non-Collusive Bidding Certificate Resolution for Corporate Bidders Buy American Preferences & Certificate Certifications: Certification Of Non-Segregated Facilities Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Certification for Receipt of Addenda Statement of Surety's Intent Disadvantaged Business Enterprise Requirements DBE Letter of Intent Form AGREEMENT SPECIFICATIONS GENERAL PROVISIONS Section 10 Definition of Terms Section 20 20-01 20-02 20-03 20-04 20-05 20-06 20-07 20-08 20-09 20-10 20-11 20-12 20-13 20-14 20-15 Proposal Requirements and Conditions Advertisement Qualifications of Bidders Contents of Proposal Form Issuance of Proposal Forms Interpretation of Estimated Proposal Quantities Examination of Plans, Specifications and Site Preparation of Proposal Irregular Proposals Proposal Guarantee Delivery of Proposal Withdrawal or Revision of Proposals Public Opening of Proposals Disqualification of Bidders Addenda and Interpretation Sales Tax Exemption Section 30 30-01 30-02 30-03 30-04 30-05 30-06 30-07 30-08 Award and Execution of Contract Consideration of Proposals Award of Contract Cancellation of Award Return of Proposal Guarantee Requirements of Contract Bonds Execution of Contract Approval of Contract Failure to Execute Contract 1/06 TOC-1 1/06 Section 40 40-01 40-02 40-03 40-04 40-05 40-06 40-07 40-08 40-09 Section 50 50-01 50-02 50-03 50-04 50-05 50-06 50-07 50-08 50-09 50-10 50-11 50-12 50-13 50-14 50-15 50-16 50-17 50-18 Section 60 60-01 60-02 60-03 60-04 60-05 60-06 60-07 60-08 60-09 60-10 60-11 60-12 Section 70 70-01 70-02 70-03 70-04 70-05 70-06 70-07 70-08 70-09 Scope of Work Intent of Contract Alteration of Work and Quantities Omitted Items Extra Work Maintenance of Traffic Removal of Existing Structures Rights In and Use of Materials Found In the Work Final Cleaning Up Debris Control of Work Authority of the Engineer Conformity with Plans and Specifications Coordination of Contract, Plans and Specifications Cooperation of Contractor Cooperation Between Contractors Construction Layout and Stakes Automatically Controlled Equipment Authority and Duties of Inspectors Inspection of the Work Removal of Unacceptable and Unauthorized Work Load Restrictions Maintenance During Cons~uction Failure to Maintain the Work Partial Acceptance Final Acceptance Claims for Adjustment and Disputes Removal of Water Sheeting and Bracing Control of Materials Source of Supply and Quality Requirements Samples, Tests and Cited Specifications Certification of Compliance Plant Inspection Engineer's Field Office Storage of Materials Unacceptable Materials Owner Furnished Materials Shop and Setting Drawings and Catalogue Data Electrical Shop Drawings Substitute Items Submittal Procedure Legal Relations and Responsibility to Public Laws to be Observed Permits, Licenses and Taxes Patented Devices, Materials and Processes Restoration of Surfaces Disturbed by Others Federal Aid Participation Sanitary, Health and Safety Provisions Public Convenience and Safety Barricades, Warning Signs and Hazard Markings Use of Explosives TOC-2 I I I i I I I I t I I I I i I I I I I I I I ! I I I I I I I i I I I I 70-10 70-11 70-12 70-13 70-14 70-15 70-16 70-17 70-18 70-19 70-20 70-21 70-22 70-23 70-24 70-25 70-26 70-27 70-28 70-29 70-30 70-31 70-32 70-33 70-34 70-35 70-36 Protection and Restoration of Property and Landscape Responsibility for Damage Claims Third Party Beneficiary Clause Opening Sections of the Work to Traffic Contractor's Responsibility For Work Contractor's Responsibility For Utility Service And Facilities Of Othem Furnishing Rights-of-Way Personal Liability of Public Officials No Waiver of Legal Rights Environmental Protection Archaeological and Historical Findings Civil Rights Act Of 1964, Title VI - Contractor Contractual Requirements A. Compliance with Regulations B. Nondiscrimination C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment D. Information and Reports E. Sanctions for Noncompliance F. Incorporation of Provisions. Airport and Airway Improvement Act Of 1982, Section 520 - General Civil Rights Provisions Lobbying And Influencing Federal Employees Access To Records And Reports Disadvantaged Business Enterprise Energy Conservation Requirements Breach of Contract Terms Rights to Inventions Trade Restriction Clause Veteran's Preference Davis Bacon Requirements 1. Minimum Wages 2. Withholding 3. Payrolls and basic records 4. Apprentices and Trainees 5. Compliance With Copeland Act Requirements 6. Subcontracts 7. Contract Termination: Debarment 8. Compliance With Davis-Bacon and Related Act Requirements 9. Disputes ConcemingLabor Standards 10. Certification of Eligibility Equal Employment Opportunity - 41 Cfi' Part 60-1.4(B) Notice of Requirement for Affirmative Action - 41 CFR Part 60-2 Standard Federal Equal Employment Opportunity Construction Contract Specifications - 41 CFR Part 60-4.3 Contract Work Hours and Safety Standards Act Requirements 29 CFR Part 5 I. Overtime Requirements 2. Violation; Liability for Unpaid Wages; Liquidated Damages 3. Withholding for Unpaid Wages and Liquidated Damages. 4. Subcontractors. NYSDOT Standard Clauses For New York State Contracts 1. Executory Clause 2. Non-Assignment Clause 3. Comptroller's Approval 4. Workem' Compensation Benefits 5. Non-Discrimination Requirements 6. Wage And Hours Provisions 7. Non-Collusive Bidding Certification TOC-3 1/06 70-37 8. International Boycott Prohibition 9. Set-Off Rights 10. Records 11. Identifying Information And Privacy Notification 12. Equal Employment Opportunities For Minorities And Women 13. Conflicting Terms 14. Governing Law 15. Late Payment 16. No Arbitration 17. Service Of Process 18. Prohibition On Purchase Of Tropical Hardwoods 19. Reciprocity And Sanctions Provisions 20. Pumhases Of Apparel 21. Labor Affidavits, New York State Laws of 1988. NYSDOT Terms And Conditions Disadvantage Business Enterprise DBE Participation Summary Form Equal Employment Opportunity Poster Federal Wage Rates State Wage Rates Prime Contractor's Certification (New York State Labor Law Section 220-a) Subcontractor's Certification (New York State Labor Law Section 220-a) Section 80 80-01 80-02 80-03 80-04 80-04.1 80-04.2 80-05 80-06 80-07 80-08 80-09 80-10 80-11 Prosecution and Progress Subletting of Contract Notice to Proceed Prosecution and Progress Limitation of Operations Operational Safety on Airport During Construction Aviation Safety Requirements During Construction (Safety Plan) Character of Workers, Methods and Equipment Temporary Suspension of the Work Determination and Extension of Contract Time Failure to Complete on Time Default and Termination of Contract Termination for National Emergencies Work Area, Storage Area and Sequence of Operations Section 90 90-01 90-02 90-03 90-04 90-05 90-06 90-07 90-08 90-09 90-10 90-11 Measurement and Payment Measurement of Quantities Scope of Payment Compensation for Altered Quantities Payment for Omitted Items Payment for Extra and Force Account Work Partial Payments Payment for Materials on Hand Payment of Withheld Funds Acceptance and Final Payment Closeout Documentation Guarantee TOC-4 I I I 1 I I 1 I I I I I i I i I I I I I t 1 1 I ! I I i I I I i 1 I ! I I 90-12 Security for Guarantee 90-13 Lien Law TECHNICAL SPECIFICATIONS Item Number P-101 P-605 P-612 P-620 M-100 M-150 M-200 Description Surface Preparation, Crack Sealing, and Repair Joint Sealing Filler Field Office Runway and Taxiway painting Maintenance and Protection of Traffic Project Survey and Stakeout Mobilization CONTRACT DRAWINGS Sheet No. ReL No. I G-001 2 G-002 3 G-101 4 C-101 5 C-102 6 C-501 7 X-101 Title Title Sheet General Notes, Legend, & Details General and Work Phasing Plan Crack Repair Plan Crack Repair Plan Details Marking Plan END OF TABLE OF CONTENTS 1/06 TOC-5 I I I I I t I I i I I I I i I 1 I I I ADVERTISEMENT NOTICE TO BIDDERS FOR THE CONSTRUCTION OF RUNWAY CRACK REPAIR & SEALING ATTHE ELIZABETH FIELD NOTICE IS HEREBY GIVEN that in accordance with the provisions of Section 103 of the General Municipal Law, sealed bids are sought and requested for the construction of the Runway Crack Repair & Sealing Project at the Elizabeth Field Airport, Fishers Island, Southold, New York. It is anticipated that this proiect will commence after September 15, 2009. Sealed bids for the construction of Runway Crack Repair & Sealing Contract will be received at the Fisher's Island Ferry District Office, P.O. Box H, Fisher's Island, New York, 06390, until 1:00 P.M., local time, June 26, 2009, and there, at said office, at said time, publicly opened and read aloud. This project will consist of crack sealing and select repairs with polymer modified asphalt concrete on Runways 12-30 & 7-25. Remarking both runways over existing markings will follow crack sealing and repairs. The Contract Documents, consisting of the Advertisement, General Provisions, Bid, Agreement, Special Provisions and Contract Drawings, may be obtained from the Town Clerk's Office, 53095 Main Road, Southold, New York (Elizabeth Neville ~ 631-765-1800) or the Fishers Island Ferry District office on Fishers Island (Thomas Doherty ~ 631-788- 7463), upon deposit of fifty dollars ($50.00) per set (check only), payable to the Town of Southold. Any bidder, submitting a sealed bid, upon returning the drawings in good condition within thirty (30) days of the bid date will be refimded the full amount of his deposit. Non-bidders will not be refunded their deposits. Parties failing to conform to the above conditions within the prescribed allotted time shall forfeit their deposits as heretofore set forth and shall have no recourse against the Town of Southold for refunds of the Plans and Specifications deposit. A pre-bid meeting will be held on June 17, 2009 at 9:00 A.M. at the Fisher's Island Ferry District Office, Fisher's Island, New York, 06390. Any questions regarding this project may be directed to Patrick M. Hludzenski of C&S Engineers, Inc. in Syracuse, NY, at (315) 455-2000, Fax (315) 455-9667. Copies of the above described Contract Documents may be examined at no expense at the Town Clerk's Office, 53095 Main Road, Southold, New York, and at the Office of C&S Engineers, Inc., 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212 (315-455-2000), and at the Fishers Island Ferry District Office on Fishers Island. O Each bid must be accompanied by a certified check or bid bond, in the amount often percent ( 10 Vo) of the total maximum bid price (combination of base bid or alternate bid plus add-on items) for the contract in the form and subject to the conditions provided in the Preparation &Proposal. ADV- 1 I i I I I I I i I I I I I I i I I I 1 The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "BID ON RUNWAY CRACK REPAIR & SEALING AT THE ELIZABETH AIRPORT" and submitted to the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: June 8, 2009 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK END OF ADVERTISEMENT os/o4 ADV-2 QUANTITIEs FOR CANVASS OF BIDS ELIZABETH FIELD AIRPORT FISHERS ISLAND RUNWAY CRACK REPAIR & SEALING ITEM FAA tNO SPEC DESCRIPTION 2 6 P-101 PAVEMENT PREPARATION P-101 FILLING OF JOINTS AND CRACKS (TYPE 0 CRACK REPAIR) P-101 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE 1 CRACK REPAIR) P-101 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE 2 CRACK REPAIR) P-101 REPAIR OF JOINTS & CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE P-612 FIELD OFFICE P-620 RUNWAY & TAXIWAY PAINTING M-100 MAINTENANCE AND PROTECTION OF TRAFFIC M-150 PROJECT SURVEY & STAKEOUT M-200 MOBILIZATION (4% MAXIMUM) II It ! PAGE- 1 211.012.001 05/27/09 QUANTITY UNITS 1 LS I LS 6,800 LF 2,100 LF 1,510 LF 1 LS 19,800 SF 1 LS 1 LS 1 LS ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! PROPOSAL FOR CONSTRUCTION OF THE RUNWAY CRACK REPAIR & SEALING AT ELIZABETH FIELD FISHER'S ISLAND, NEW YORK TO: FISHER'S ISLAND FERRY DISTRICT OFFICE P.O. BOX H FISHER'S ISLAND, NEW YORK, 06390 The undersigned, as bidder, hereby declares that he/she has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be done; that he/she has examined and read the Contract Documents and Contract Drawings for the work and all addenda relative thereto furnished prior to the opening of bids; that he/she has satisfied himself/herself relative to the work to be performed. The bidder understands that the advertisement, located in the front of these Contract Documents, contains the location and a description of the proposed construction, as well as indicates the place, date, and time of the proposal opening; information about a Pre-Bid conference, if scheduled, is contained in the advertisement; a listing of estimated quantities is located in the front of these Contract Documents; the time in which the work must be completed shall be in accordance with the subsection titled FAILURE TO COMPLETE ON TIME of Section 80. If the bidder considers that the time to complete the work is inadequate, they should not submit a bid. The bidder understands the quantities for bid items listed on the proposal sheets are estimated quantities only for the purpose of comparing bids; any difference between these estimated quantities and actual quantities required for construction shall not be taken as a basis for claims by the Contractor for extra compensation; compensation will be based upon the unit prices and actual construction quantities. The bidder understands that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute bidder's obligations as described in the specifications and any details not specifically mentioned, but evidently included in the Contract shall be compensated for in the item which most logically includes it. The bidder understands that proposal guaranty shall be in the form of a bid bond or certified check in the amount often percent (10%) of this bid in accordance with the subsection titled BID GUARANTEE of Section20; the proposal guaranty shall become the property of the Owner in the event the Contract and bond(s) are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. The bidder agrees that upon receipt of written notice of the acceptance of this proposal, bidder will execute the Contract attached within 15 days and deliver a Surety Bond or Bonds as required by the subsection titled REQUIREMENTS OF CONTRACT BONDS OF Section 30. The bidder further agrees to commence construction with an adequate work force, plant and equipment on the date stated in the written notice to proceed and will progress therewith to its completion within the time stated, and in accordance with this Contract and Specification. PROPOSAL- 1 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS ~ $ P-101 PAVEMENT PREPARATION LS 2 P-101 FILLING OF JOINTS AND C~CKS ~PE 0 C~CK REPAIR) LS ~. ~s ~ /~O~,~ , /~,.o~ 3 P-101 ROUTING AND S~LING OF JOINTS AND C~CKS ~PE 1 C~CK REPAIR) 3,800 LF 2,100 LF PROPOSAL-2 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ $ :~-101 REPAIR OF JOINTS & CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE 1,510 LF PER LF $ '~' 6 P~12 FIELD OFFICE LS 7 P-620 RUNWAY & T~IWAY PAINTING 19,800 SF 8 M-100 MAINTENANCE AND PROTECTION OF T~FFIC LS PROPOSAL-3 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ $ 9 M-150 PROJECT SURVEY & STAKEOUT LS 10 M-200 ~IOBILIZATION (4% .AXIMUM) LS PROPOSAL-4 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING TOTAL PRICE IN WORDS TOTAL PRICE IN FIGURES CONTRACT ~..,~-'/r7 ¢~l~- ~9,~1l.. ~,a8 ~ ~-"lSd, o~f~ . O0 PROPOSAL-5 I I I I I I I I I I I I I Il I Il The bidder states that this proposal is based upon prevailing wages in Suffolk County, New York and in no case are wages considered less than those predetermined by the State and Federal Departments of Labor, schedules of which are contained in the ConWact Documents. The bidder proposes and agrees, if this Proposal is accepted, to contract in the form of contract specified with the Town of Southold (Owner), to furnish all necessary materials, equipment, machinery, tools, apparatus, means oft~msportation and labor necessary to complete the construction &the Runway Crack Repair & Sealing project in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents and Contract Drawings, to the full and entire satisfaction of the above said Owner, with a definite understanding that no money will be allowed for extra work except as set forth in the attached Contract Documents, for the unit prices listed opposite each item. BIDDER: BY: (Signature) (Printed N~me) (SEAL) DATE: ~'~1,1 q, ~oo~? PHONE NO: x~ I ~-- --o~'~ - ~0- I I I NOTE: If Contractor is a corporation, Secretary should attest. ATTEST: SECRETARY.~ ~,.-,.~.-~ A ~ (Printed N~e) PROPOSAL-6 I ! I I I I ! I ! ! ! ! ! ! ! ATTACHMENTS TO PROPOSAL BIDDER and his/her surety, where appropriate, have completed and executed the attached documents which are identified below. Contractor's Certification of Eligibility Non-Collusive Bidding Certificate Resolution for Corporate Bidders Buy American Preferences & Certificate Certifications: Certification Of Non-Segregated Facilities Certification Regarding Debarment, Suspension, Ineligibility And Volumary Exclusion Certification/'or Receipt of Addenda Statement of Surety's Intent Disadvantaged Business Enterprise Requirements DBE Letter of Intent Form PROPOSAL-7 II CONTRACTOR'S CERTIFICATION OF ELIGIBILITY II The bidder/offeror certifies, by submission of this proposal or acceptance of this conlract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The bidder/offeror further agrees by submitting this proposal that it will include this clause without modification in all lower tier Iransactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. II That, the information above is Irue and complete to the best of my knowledge. Printed Name and Title - t Date ' NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The full names and residences of all persons interested in this proposal as principals are as follows: ! ! ! (This form must be completed and submitted with the Proposal.) PROPOSAL-8 I I I I I I ! ! ! ! ! ! ! NON-COLLUSIVE BIDDING CERTIFICATE The Signer of this Bid declares: A. That he/she has carefully examined the annexed form of the Agreement and Contract. Pursuant to Section 103-d of the General Mtmicipal Law, 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 beliefi 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; 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 or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. I hereby affirm under the penalties of perjury that the foregoing statement is tree. Affix Seal BIDDER: if Principal is Corporation BY: TITLE: STATE OF NEW YORK) SS: counTy On the "~/,n. day of 0'~1~ · 20 Ot~ , before me personally came to me known, who, being by me duly sworn, did swear and affirm that he/she resides at /'ff~ ."( _3 .DJ, e~ x~. ~'- gan RS: [,oJ,,.J~./, Jco~.Ju~. AJJe'' 13601 :thathe/sheisthe of the Bidder herein and signs {he foregoing Non-Collusive Certification On behalf of such Bi~ld~r; {hat he/she execute~l the foregoing Non-Collusive Certification; and that, to the best of his knowledge and belief, the statement made in the foregoing Non- Collusive Certification is tree. MY COMMISSION EXPIRES: (This form must be completed and submitted with the Proposal.) PROPOSAL-9 I I I I I I I I I I I I I I I I ! I ! RESOLUTION FOR CORPORATE BIDDERS (Name of OITl~:er ) to sign and submit the bid or proposal of this corporation for the following project: be authorized Runway Crack Repair & Sealing and to include in such bid or proposal the certificate as to non-collusion required by section one hundred three-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by _~; -/... ~ ~-- ~ ~t'~ ;.~ t $ Corporation at a meeting of its Board of Directors held onthe ~ .dayof A~Ic, ~. .20Oq. ! ereta) (Seal) (This form must be completed and submitted with the Proposal.) PROPOSAL- 10 I I i I I I ! I I I Corporate Information 1. A. Name of Bidder: Hi-Lite Markings, Inc. B. Bidder is: Corporation A. Address of Principal Office: 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 B. Federal ID: 16-1381276 3. Date Bidder was organized: October 1990 4. Incorporated in New York 5. A. Engaged in Business: 18 Years B. Principal Officers: John S. McNeely, President 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 I I I I Richard C. McNeely III, Vice President/General Manager 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 Rhonda M. McNeely, Vice President/Sales 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 Kelly J. Spinner, Secretary/Treasurer 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 P. 315.583.6111'. F. 315.583.5807 · info@hi-lite.com www. hi-lite.com I LEAVING OUR MARK ON AMERICA'S RUNWAYS" I I I I I I I I I I I I I I I ! ! ! BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of f'mal assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used bY the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and ora satisfactory quality; 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion ofdomastic material will increase the cost &the overall project contract by more than 25 percent. BUY AMERICAN CERTIFICATE By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, are produced in the United States, as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owner a listing of articles, materials and supplies excepted fi.om this provision. PRODUCT COUNTRY OF ORIGIN (This form must be completed and submitted with the Proposal.) PROPOSAL-II I I I ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! CERTIFICATIONS IRS EMPLOYER IDENTIFICATION NUMBER: CERTIFICATION OF NON-SEGREGATED FACILITIES - 41 CFR PART 60-1.8 CERTIFICATION OF NONSEGREGATED FACILITIES: The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform theft services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach &this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction conWactor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. NOTICE TO PROSPECTIVE .FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $I 0,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving fedemlly~assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. PROPOSAL-12 ! I I I I I I I I I I I I I I I I NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NON-SEGREGATED FACILITIES: I. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $ I 0,000, which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause 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 and are not exempt fi.om the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi.om participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Signature: ~ (This form must be completed and submitted with the Proposal.) PROPOSAL-13 I I I I I I I I I I I I I I I I I I I CERTIFICATION FOR RECEIPT OF ADDENDA Receipt of the following Addenda is acknowledged: ADDENDUM NO.: ADDENDUM NO.: ADDENDUM NO.: DATED: DATED: DATED: (Firm or Corpgration Makil~g (Signa~re of Authorized P~rson)~-be:~c.,~ (This form must be completed and submitted with the Proposal.) PROPOSAL- 14 I I I I I I I I I I I I I I I I I I STATEMENT OF SURETY'S INTENT TO: Town of Soathold We Have Reviewed The Bid of Hi-Lite Markings, Inc. (Contractor) of 18249 Hi-Lite Drive, Adams Center, NY (Address) for Runway Crack Repair & Sealing Bids for Which Will be Received On: July 9, 2009 (Bid Opening Date) and wish to advise that should this Bid oftbe Contractor be accepted and the Contract awarded to him, it is 6ur present intention to b~coma sure~y on the performance bond and labor and material bond required by the Contract. Any arrangement for the bonds required by the Contract is a matter ber. veen the Contractor and ourselves and we assure no liability to you or th,ird parties if for any reason we do not execute the requisite bonds. We ar~ duly authorized to do business in the State of New York. ATTEST~x~ Hanover Insurance Company Surety's Authorized $i~ator=(S~ Corinne E. Yousey, Attorney-in-Fact (Corporate seal, if any. If no ~cal, write "No Seal" across this place and sign.) ATTACH PROPOSAL GUARANTEE A'VFACH POWER OF ATTORNEY (This form must be complete and submitted with the Proposal. Copies of this form may be filled out and attached to thiz page.) PROPOSAL- 15 I STATEMENT OF SURETY'S INTENT TO: Town of Southold I I We Have Reviewed The Bid of of (Contractor) for Runway Crack Repair & Sealing (Address) I I I I Bids for Which Will be Received On: (Bid Opening Date) and wish to advise that should this Bid of the Contractor be accepted and the Contract awarded to him, it is Our present intention to become surety on the performance bond and labor and material bond required by the Contract. Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assure no liability to you or th.ltd parties if for any reason we do not execute the requisite bonds. We are duly authorized to do business in the State of New York. ATTEST: I Surety's Authorized Signature(s) I ! (Corporate seal, if any. If no seal, write "No Seal" across this place and sign.) ! ! ATTACH PROPOSAL GUARANTEE ATTACH POWER OF ATTORNEY (This form must be complete and submitted with the Proposal. Copies of this form may be filled out and attached to this page.) ! ! PROPOSAL-15 I I I I I I I I I I I ! ! I ! ! ! ! ! DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit proposals. Award of this contract will be conditioned upon satisfying the DBE requirements of this contract. These requirements apply to all bidders, including those who qualify as a DBE. A DBE utilization goal of 2.4 percent has been established for this contract. The bidder shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. Within 15 days after the opening of bids and before award of the contract, all bidders wishing to remain in competition for award of this contract shall submit a DBE Participation Plan to the Owner. A DBE Letter Of Intent Form is included on the following page to assist in completing the Plan. CERTIFICATION OF BIDDER: The undersigned bidder will satisfy the DBE requirements of these specifications in the following manner (please check the appropriate space): The bidder is committed to meeting the DBE utilization goal stated above on this contract. The bidder, if unable to meet the DBE utilization goal stated above, is committed to a minimum of ~) % DBE utilization on this contract, and will submit documentation demonstrating good faith efforts. Name of Bidder's Finn: /~ ~ - L ~ ~e_~ ~ ~,t- [(-'~ d~: ~ '~ t~, City/State/Zip: .~:nxq C~qYe(-; M~ 15(ao~ Bidder's Status: DBE: [] Non-DBE: ~ Age of Firm: ]6 Annual Gross Receipts of Firm: 13/ t~ ~.~l ~ ~?~- s0 tfl IRSNumber: ] (at- ]~ [J.-'~G ignature and Title ~,iCkA-t"0 Q.~ /v~ ~1~ (This form must be completed and submitted with the Proposal.) PROPOSAL-16 .I 0812012009 09:08 HI LITE HARKING$ INC RX Date/Time 0B/1912009 16:49 08/1~/2009 ~,~D 17; 51 06i~gf2009 15~7 HIL~H~N~ ~ ~te~e ~1191~09 10:14 09/19/2009 ~ 9~5' ~ (FAX)3155835807 (FAX)3155E35807 d d d DBE r .~.TTER OF INTENT FORM (Sub~nl= o~= ~orm/'or cech DaB FAA ~'~Jaet N~: Tolal Awenl~ Cantrac~ Amou= ~ $ St~e~ Adeh~s; "~t~ I~"~hone: (GOTY 4~-8 z!4~7 q ! If the bl~dcrloffcror doc~ not r~elve award ortbe p~lme contrac~ any and alii represeut~6uns in this letter o f Intent and,Affinn~tlen ~b.~JI be nub and void. ~ OF PP, OP OSA.L -- PROPOSAL-17 P.0021002 P.O01 P~OZIO02' ~002/002 t I I I Airport Name: DBE LETTER OF INTENT FORM (Submit one form for each DBE subcontractor.) I I FAA AIP Project No: Total Awarded Contract Amount: Name of Bidder's Finn: I I I I I Street Address: City/State/Zip: Name of DBE firm: Street Address: City/State/Zip: Telephone: Descyiption of work to be performed by DBE finn: I I The bidder is committed to utilizing the above-named DBE finn for the work described above. The estimated dollar value of this work is $ Affirmation: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. I By:. (Signature) (Title) lfthe bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. I I I END OF PROPOSAL PROPOSAL-17 I I I t I ,I I I I I I I I I I I I AGREEMENT THIS AGREEMENT, madeeffectivethis 7-~""~' dayof .3,o~..'-/ ,20o~,isbyandbetweentheTownof Southold, a New York municipal corporation, having an address at 53095 Main Road, Southold, New York 06390, Party of the First Part, having an address at IE'Z-'4cc~ ~-L-,.'-~- 'C:,~.., t:k~&~.~.~ C-~'~a.T~! t4~ V'~t,~=~ hereinafter designated as the Contractor, Party of the Second Part. WITNESSETH: That the Parties hereto, each in consideration of the agreements on the part of the other herein contained, have mutually agreed and hereby mutually agree, that the Party of the First Part for itself and its successors, and the Party of the Second Part for itself and its successors, his/her or their executors, administrators, and assigns, as follows: Article 1. This Agreement along with the Advertisement, the Proposal, the Performance Bond, the Payment Bond, any required insurance certificates, the Specifications, the Contract Drawings, and all interpretations of or addenda to the Contract Documents issued by the Owner, or by the Engineer with the approval of the Owner shall constitute the Contract. The Table of Contents, Headings, and Titles contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit, or cast light on the interpretation of the provisions to which they refer. Article 2. The Contractor shall construct Runway Crack Repair & Sealing in accordance with the Contract. Article 3. In consideration of the payments to be made as hereinafter provided, and of the performance by the Owner of all &the matters and things to be performed by the Owner as herein provided, the Contractor agrees, at his or its sole cost and expense, to perform all the labor and services, and to fumish all the labor and materials, plant, and equipment, necessary to complete, and to complete in good, substantial workmanlike and approved manner, the Work described in Article 2 hereof, within the time specified and in accordance with the terms, conditions, and provisions of the Contract and with the instructions, orders, and direction of the Engineer made in accordance with the Contract. Article 4. The Owner agrees to pay, and the Contractor agrees to accept as full compensation, for all Work done, and materials furnished, and also for all costs and expenses incurred and loss or damages sustained by reason of the action of the elements, or growing out of the nature of the Work, or from any unforeseen obstruction or difficulty encountered in the prosecution of the Work, and for all risks of every description connected with the suspension or discontinuance of the Work as herein specified, and for faithfully completing the Work, and the whole thereof, as herein provided, and for maintaining the Work in good condition until the final payment is made, the prices stipulated in the Proposal hereto attached. Article 5. If the Contractor shall fail to comply with any of the terms, conditions, provisions, or stipulations of the Contract, according to the true intent and meaning thereof, then the Owner may make use of any or all remedies provided in its behalf in the Contract and shall have the right and power to proceed in accordance with the provisions thereof. Article 6. The following alterations and addenda have been made to and included in the Contract before it was signed by the Parties: I I AGR-I I I I I I I I i I I I I I I I I I I I IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals and have executed this Agreement, and four (4) copies, the day and year first above-writtan. TOWN OF SO~. LD By: ~L~r~~~] S~qSett A. Russell Supervisor (SEAL) CONTRACTOR By: M- (SEAL) 1/06 AGR-2 I I I I ! I I I I I I I I I I I I I I ACKNOWLEDGMENT OF OFFICER OR OWNER ATTESTING CONTRACT STATE OF NEW YORK COUNTY OF SUFFOLK SS: Onthe Y-~ay of 0 C-"~/2-~ in the year 20 ~,, before me, the undersigned, a Notary Public in and for said State, personally appeared _..C C~>'Q~ /4- t~c.L 55 ~ ( [ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(~0 whose name(~) i~s (a.w) subscribed to the within instrument and acknowledged to me that h e/~t~ll~)~ executed the same in his/her_./~e? capacity(4es-), and that by his,%:r/t~:~r signature(~ on the instrument, the individual(!~, or the person upon behalf of which the individual(X) acted, executed the instrument. ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK ~ SS: COUNTY OF J On the ~" day of gror.~,-r-- in the year 200'~ before me, personally came ~xca4.,~r~.~ C, ~ '~ to me knom, who, being by me duly sworn, did depose and say that he/she/they reside(s) in ~~ ~ ~ ; that he/she/they is(are) the ~ ~tO~/~ ofthe ~t- ~ ~~. ~, the co~oration described in and which executed the above instrument; and that he/she/they know(s) the seal of said co~oratinn; that the seal affixed to said instrument is such co.orate seal; that it was ?o affixed by authoriW of the board of directors of said co~oration, and that he/she/they signed~is~er/their~(s)the~li~thoriW. AGR-3 I I I I I I I I I I I I I I ! I I I ACKNOWLEDGMENT OF CONTRACTOR, IF OTHER THAN A CORPORATION STATE OF NEW YORK 1 COUNTY OF SS: On the day of in the year 20, 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(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public CERTIFICATE OF OWNER'S ATTORNEY representative of the Owner, do hereby certify as follows: · the duly authorized and acting legal I have examined the foregoing Contract and surety bond and the manner of execution thereof, and I am of the opinion that each of the aforesaid Agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said Agreements on behalf of the respective parties named therein; and that the foregoing Agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. Date END OF AGREEMENT 1/06 AGR-4 I I I I I I I I I I I I I I ! I I I I SECTION 10 - DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AlP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. The name of the Airport for this Project is Elizabeth Field. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-Il CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-13 CONTRACT The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: the Advertisement; the Proposal; the Agreement; the Performance Bond; the Payment Bond; any required insurance certificates; the Specifications; the Contract Drawings; and any addenda issued to bidders. 10-14 CONTRACT DOCUMENTS. Contract Documents shall include, but is not limited to the Advertisement, the Proposal, the Agreement, and the Specifications. 10-15 CONTRACT DRAWINGS. See definition of"Plans". 10-16 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-17 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for GP 10-1 completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-18 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-19 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-20 ENGINEER. The individual, parmership, firm, or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative. The Engineer for this project is C&S Engineers, Inc., 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212. 10-21 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-22 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-23 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-24 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. They may be obtained from: DODSSP Standardization Document Order Desk 700 Robbins Avenue, Bldg. 4D Philadelphia, PA 19111-5094 10-25 FORCE ACCOUNT. Force account construction work is construction that is accomplished through the use of material, equipment, labor, and supervision provided by the Owner or by another public agency pursuant to an agreement with the Owner. 10-26 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-27 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-28 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10-29 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or GP 10-2 I I I I ! I I I I I I I I I ! I I I I ! I I I I I ! I I I I I I I I I I I I within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-30 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-31 MATERIALS. Any substance specified for use in the construction of the contract work. 10-32 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-33 OWNER. The term "Owner" shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term "Sponsor" shall have the same meaning as the term "Owner." Where the term "Owner" is capitalized in this document, it shall mean airport owner or sponsor only. Whenever the words "Owner", "Sponsor", "Town", "Town of Southold", or "Party of the first part" are used, the same are understood to mean the Town of Southold, New York or its representative duly authorized to act. 10-34 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-35 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the w6rk. 10-36 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-37 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-38 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10~39 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-40 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the Owner. 10-41 RUNWAY. The area on the airport prepared for the landing and takeoffofaircraft. 10-42 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-43 SPONSOR. See definition above of "Owner." 10-44 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-45 SUBCONTRACTOR. The subcontractor refers any individual, firm, or corporation to whom the contractor, GP 10-3 with approval of the Owner, sublets any part of work. 10-46 SUBGRADE. The soil that forms the pavement foundation. 10-47 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-48 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-49 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-50 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-51 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10-52 WORKING DAY. A Working Day shall be defined as an eight (8) hour shift on any day other than a legal holiday;, Saturday, or Sunday. One Working Day shall be charged against Contract Time for any Working Day on which the Contractor is able to proceed with work for at least six (6) hours toward completion of the Contract. One- half Working Day shall be charged against Contract Time for any Working Day on which the Contractor is able to proceed with work for at least three (3) hours toward completion of the Contract. Legal holidays, Saturdays and Sundays on which the Contractor engages in work, requiring the presence of an inspector, will be considered Working Days. Working Days will not be charged against Contract Time if work is suspended for causes beyond the Contractor's control. END OF SECTION 10 GP 10-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I I SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). See the Advertisement located in the front of these Contract Documents. 20-02 QUALIFICATIONS OF BIDDERS. Within one week of receiving a written request, a bidder shall furnish the owner satisfactory evidence of competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of the following: A. A list of equipment that would be available for the work. B. A list of key personnel that would be available for the work. C. A list of the categories of work to be performed by the bidder's work force and a list of work to be subcontracted out (See Section 80-01). D. A list of construction projects completed in the past five years. The list shall include the project name, completion date, total contract value, value of bidder's portion of the work, engineer and owner contact information (names and phone numbers). E. A list of construction projects in progress and under contract including the project name, percent complete, estimated completion date, total contract value, value of bidder's portion of the work, engineer and owner contact information (names and phone numbers). F. The bidder shall furnish the owner satisfactory evidence of financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect the bidder's true financial condition at the time such qualified statement or report is submitted to the Owner. G. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. H. A Schedule of Values showing the following information: For each lump sum bid item: Provide a breakdown of values for major products, assemblies or operations, indicating separate amounts for (a) purchased materials, (b) labor, and (c) construction equipment, which total to the lump sum price bid for each item. For each unit price bid item: Provide a breakdown of values for the unit price allocated to (a) purchased materials, (b) labor, and (c) construction equipment which total to the unit price bid for each item. The Schedule of Values will be reviewed by the Engineer. Any additional detail or justification for cost distribution shall be provided by the apparent low bidder upon request. The Schedule of Values shall serve as a basis for computing progress payments during construction for installed portions of lump sum items, and to assist the Engineer in determining if change order costs are reasonable. 20-03 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans, specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any "qualification of bidders" requirements on previous contracts with the Owner, if such regulations were cited, or otherwise included, in the proposal as a requirement for bidding. GP 20-1 B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the proposal to a pmspective bidder. C. Contractor default under previous contracts with the Owner. D. Unsatisfactory work on previous contracts with the Owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 PREPARATION OF PROPOSAL. DO NOT REMOVE the Proposal from the Contract Documents. All Contract Documents, must be submitted with the bid. The bidder shall submit the proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. Prices shall be written in whole dollars and cents. The extended total amount of each item should not be rounded. The bidder shall sign the proposal correctly and in ink. lfthe proposal is made by an individual, the person's name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: A. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, incomplete, or if any part of the proposal form is detached. B. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous. C. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. D. If the proposal contains unit prices that are obviously unbalanced. GP 20-2 I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I E. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 PROPOSAL GUARANTEE. Each separate proposal shall be accompanied by a certified check or bid bond, in the amount often percent (10%) of the total maximum bid price (combination of base bid or alternate bid, plus add-on bids) for the proposal. Such certified check or bid bond shall be made payable to the Town of Southold. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. The official time shall be kept locally by Owner. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder will be considered disqualified for any of the following reasons: A. Submitting more than one proposal fi.om the same partnership, firm, or corporation under the same or different name. B. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. C. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. 20-14 ADDENDA AND INTERPRETATION. No interpretation of the meaning of the Contract Documents, Contract Drawings or other portions of the Contract will be made orally. Every request for such interpretation must be in writing and addressed to C&S Engineers, Inc., 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212, and to be given consideration must be received at the above address at least seven (7) days prior to the date fixed for opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda, which, when issued, will be sent by certified mail with return receipt requested, or by confirmed facsimile to all holders of Contract Documents at the respective addresses furnished for such purposes, not later than twenty- four (24) hours prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such addenda or interpretation shall not relieve said Bidder fi.om any obligation under his bid as submitted. All addenda so issued shall become part of the Contract. 20-15 SALES TAX EXEMPTION. The Owner is exempt fi.om payment of Sales and Compensating Use Taxes of the State of New York and of cities and counties on all materials and supplies sold to the Owner pursuant to the provisions of this Contract. These taxes are not to be included in bids. This exemption does not, however, apply to tools, machinery, equipment or other property leased by or to the Contractor or a Subcontractor to materials and supplies of any kind which will not be incorporated into the completed project, and the Contractor and his Subcontractors shall be responsible for and pay any and all applicable taxes including Sales and Compensating Use Taxes on such leased tools, machinery, equipment or other property or on such unincorporated materials and GP 20-3 supplies, and the provisions set forth below will not be applicable to such tools, machinery, equipment, property and unincorporated materials and supplies. The Contractor agrees to sell, free of encumbrances, and the Owner agrees to purchase all of the materials and supplies (except as above set forth) required, necessary or proper for or incidental to the construction of the Project covered by this agreement. Title to all materials and supplies to he sold by the Contractor to the Owner, pursuant to the provisions of the Contract, shall immediately vest in and become the sole property of the Owner upon delivery of such materials and supplies to the Project site. The Contractor shall mark or otherwise identify all such materials and supplies as the properly of the Owner. The Contractor, at the request of the Owner, shall furnish to the Owner such confirmatory bills of sale and other instruments as may be required by it, properly executed, acknowledged and delivered, confirming to the Owner, title to such materials and supplies free of encumbrances. In the event that after title has passed to the Owner any of such materials and supplies are rejected as being defective or otherwise unsatisfactory, title to all such materials and supplies shall upon such rejection revest in the Contractor. The sum paid under this Agreement shall be deemed to be in full consideration for the performance by the Contractor of all his duties and obligations under this Agreement in connection with said sale. The Contractor agrees to construct the Project and to furnish and perform all work and labor required, necessary or proper for or incidental thereto, except that the materials and supplies sold to the Owner under the preceding paragraph shall be furnished by the Owner to the Contractor for use in the performance of said work and labor, and the sum paid pursuant to this Agreement shall be deemed to be in full consideration for the performances by the Contractor of all his duties and obligations under this Agreement in connection with said work and labor. The purchase by the Contractor of the materials and supplies sold hereunder will be a pumhase or procurement for resale to the Owner (an organization described in subdivision (a) of Sec. 1116 of the Tax Law of the State of New York) and therefore not subject to the New York State Sales or Compensating Use or an'/ such taxes of cities and counties. The sate of such materials and supplies by the Contractor to the Owner will not be subject to the aforesaid Sales and Compensating Use Taxes. The purchase by Subcontractors of materials and supplies to be sold hereunder will also be a purchase or procurement for resale to the Contractor (either directly or through other Subcontractors), and ultimately to the Owner, and therefore not subject to the aforesaid Sales and Compensating Use Taxes, provided that the Subcontract Agreements provide for the resale of such materials and supplies prior to and separate and apart from the incorporation of such materials and supplies into the permanent construction and that such Subcontract Agreements are in a form similar to this Contract with respect to the separation of the sale of materials and supplies from the work and labor to be provided. If as a result of such sale of materials and supplies (1) any claim is made against the Contractor or any Subcontractor by the State of New York or any city or county for Sales or Compensating Use Taxes on the aforementioned materials and supplies or (2) any claim is made against the Contractor or any Subcontractor by a materialman or a Subcontractor on account of a claim against such materialman or Subcontractor by the State of New York or any city or county for Sales or Compensation Use Taxes on the aforementioned materials and supplies, then, if the Contractor and Subcontractor have complied with the provisions of this Contract relating thereto, the Owner will reimburse the Contractor or any Subcontractor, as the case may be, for an amount equal to the amount of such tax required to be paid in accordance with the requirements of law, provided that: A. 1. The Subcontract Agreements in connection with this Contract, provide for the resale of such materials and supplies, prior to and separate and apart from the incorporation of such materials and supplies into the permanent construction. 2. Such Subcontract Agreements are in a form similar to this Contract with respect to the separation of the sale of materials and supplies from the other work and labor to be provided, and 3. Such separation is actually followed in practice, including the separation of payments for materials and supplies fi-om the payments for other work and labor, and 3/08 GP 20-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I B. The Contractor and his Subcontractors and materialmen complete New York State Sales Tax Form STI20.1. (Con~'actor Exempt Pumhase Certificate), and furnish such certificate to all persons, firms or corporations from which they purchase materials and supplies for the performance of the work covered by this Contract, and C. The Contractor and all Subcontractors maintain and keep, for a period of six (6) years after the date of final payment for the sale, or, ifa claim for Sales or Compensating Use Tax is pending or threatened at the end of such six (6) year period, until such claim is finally settled, records, which in the judgment of the Department of Taxation and Finance, adequately show (1) all materials and supplies purchased by them for resale, pursuant to the provisions of this Contract and (2) all materials and supplies sold to the Owner pursuant to the provisions of this Contract, and D. The Owner is afforded the opportunity, before any payment of tax is made, to contest said claim in the manner and to the extent that the Owner may choose and to settle or satisfy said claims, and such attorney as the Owner may designate is authorized to act for the purpose of contesting, settling and satisfying said claim, and E. The Contractor and Subcontractor give immediate notice to the Owner of any such claim, cooperate with the Owner and its designated attorney in contesting said claim and furnish promptly to the Owner and said attorney all information and documents necessary or convenient for contesting said claim, said information and documents to be preserved for six (6) years after date of final payment for the sale, or if such a claim is pending or threatened at the end of such six (6) years, until such claim is finally settled. If the Owner elects to contest any such claim, it will bear the expense of such contest. Nothing in this Article is intended or shall be construed as relieving the Contractor from his obligations under this Agreement and the Contractor shall have the full continuing responsibility to install the materials and supplies purchased in accordance with the provisions of this Contract, to protect the same, to maintain them in proper condition and to forthwith repair, replace and make good any damage thereto without cost to the Owner until such time as the work covered by the Contzact is fully accepted by the Owner. END OF SECTION 20 GP20-5 I I I I I I I I I I I I I I I I I I I SECTION 30 - AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. Ifa bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. B. lfthe bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, to award only the Base Bid, to award only an Alternate Bid (if any), or to award either the Base Bid or the Alternate Bid plus any or all Add-On Bids (if any), waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within forty-five (45) calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. Where alternates or add-on items are included in the bid, the lowest qualified bidder will be determined by comparison of the base bid or alternate bid, or combination of base bid or alternate bid plus add-on items which are chosen by the Owner to be awarded. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. The successful bidder shall submit in iziplicate, a surety bond guaranteeing the performance of the work equal to one hundred percent (100%) of the amount of the Contract awarded, and a surety bond guaranteeing the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work equal to one hundred percent (100%) of the amount of the Contract awarded. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 1/06 GP 30-1 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 49 CFR Part 26 provides that each contract the owner signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) shall include the following assurance: "The contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. END OF SECTION 30 GP 30-2 I I I I I I I I I I I I I I I I I I I I I i i I I ! I I I I I i i I I I I I SECTION 40 - SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations that do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations that are for work within the general scope of the contract shall be covered by -Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. All supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increase or decrease the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. 40-03 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called "Extra Work." Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. Extra work to be performed on the basis of agreed prices where no applicable unit or lump sum prices have been included in the Contract shall be based upon the Contractor's price analysis for the work. The price analysis will be completed as outlined in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. When determined by the Engineer to be in the Owner's best interest, he may order the Contractor to proceed with Extra Work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. GP 40-1 Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-05 MAINTENANCE OF TRAFFlC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraR while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraf/, fire-rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagperson, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also constract and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EX1STING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the Owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter GP 40-2 I I I l l l l l l l m I l l l l m l I I I I i I I I I ! I I I I I I I I I I any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material fi.om the site, upon written approval of the Engineer; or e. Use such material for his/her own temporary construction on site; or, d. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option A., B., or C., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A., B., or C., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option A., B., or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared fi.om the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. 40-09 DEBRIS. The Contractor shall remove all debris and rubbish resulting fi.om his work at frequent intervals, on the order of the Engineer. Upon completion, leave the premises broom-clean and everything in perfect order and repair. Upon neglect or refusal of Contractor to keep the premises clean, the Engineer shall have the authority to have such work performed, and the cost of the same shall be charged to the Contractor in default and collected from any monies which have or may become due on this Contract; and the Engineer shall issue no certificates of payment on the Contract until premises are clean, in good order, and all claims created properly adjusted. END OF SECTION 40 GP 40-3 I I ! I I I ! ! I I I I I / I I I I I SECTION 50 - CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materiaIs furnished which am to be paid for the under contract. The Engineer does not have the authority to accept pavements that do not conform to FAA specification requirements. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority, after consultation with the FAA, to use good engineering judgment in his/har determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 1/o6 GP 50-1 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with five copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. The Contractor will be required to furnish all lines, grades and measurements fi'om the control points necessary for the proper prosecution and control of the work contracted for under these specifications. [f requested by the Engineer, the Contractor must give weekly copies of the survey notes to the Engineer so that the Engineer may check them as to accuracy and method of staking. All areas that are staked by the Contractor must be checked by the Engineer prior to beginning any work in the area. The Engineer will make periodic checks of the grades and alignment set by the Contractor. In case of error on the part of the Contractor, or his/her employees, resulting in establishing grades and/or alignment that are not in accordance with the plans or established by the Engineer, all construction not in accordance with the established grades and/or alignment shall be replaced without additional cost to the Owner. Additional construction staking and layout may be required by technical specifications. Construction layout and staking, at a minimum, includes but is not limited to: A. Clearing and Grubbing perimeter staking. B. Rough Grade slope stakes at 100-fuot stations. C. Drainage Swales slope stakes and flow line stakes at 50-foot stations. D. Subgrade stakes at 25 fuot stations and 25 foot offset distance (max.) for the following section locations: 1. Runway- minimum 5 per station 2. Taxiways minimum 3 per station 3. Holding apron areas minimum 3 per station 4. Roadways- minimum 3 per station E. Base Course stakes at 25 foot stations and 25 foot offset distance (max.) for the following section locations: GP 50-2 I I ! I I I I ! I i I I i I I ! I I I I I I I I I I I I ! I I I I I I I I I. Runway - minimum 5 per station 2. Taxiways - minimum 3 per station 3. Holding apron areas - minimum 3 per station F. Pavement areas: 1. Stringline for initial lift, and between lifts at 25 foot stations for the following section locations: a. Runways each paving lane width b. Taxiways - each paving lane width c. Holding areas - each paving lane width 2. After finish paving operations at 50 foot stations a. All paved areas - Edge of each paving lane prior to next paving lane 3. Shoulder and safety area stakes at 50 foot stations and at all break points with maximum of 50 foot offsets G. Fence lines at 100 foot stations H. Electrical and Communications System locations, lines and grades including but not limited to duct runs, connections, fixtures, signs, lights, VASI's, PAPI's, REIL's, Wind Cones, Distance Markers (signs), pull boxes and manholes. 1. Drain lines, cut stakes and alignment on 25-foot stations, inlets, catch basins and manholes. J. Layout for painting and striping shall be by a method approved by the Engineer. The use of lasers, or other automatic control devices, shall be approved by the Engineer prior to use. If approved, the contractor shall check its accuracy with temporary control points or grade hubs (or other known vertical control points) at a minimum of once per 400 feet per pass (i.e. paving lane). NOTE: Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or reset as directed by the Engineer without additional cost to the Owner. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. GP 50-3 Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contrac0 Owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No removal work made under provision of this subsection shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work d~ing construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 1/06 GP 50-4 I I i I i I I I i i I I i i I I ! I I I I I I I I I I I Il I I I i I I I I i 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim, ff such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 REMOVAL OF WATER. The Contractor shall at all times during construction, provide and maintain proper and satisfactory means and devices for the removal of all water entering the excavations, and shall remove all such water as fast as it may collect, in such manner as shall not interfere with the prosecution of the work or the proper placing of materials or other work. Removal of water includes the construction and removal of cofferdams, sheeting and bracing, the furnishing of materials and labor necessary therefore, the excavation and maintenance of ditches and sluiceways and the furnishing and operation of pumps, wellpoints and appliances needed to maintain thorough drainage of the work in a satisfactory manner. Water shall not be allowed to rise over or come in contact with any masonry, concrete or mortar, until at least twenty-four (24) hours after placement and no stream of water shall be allowed to flow over such work until such time as the Engineer may permit. Unless otherwise specified, all excavations which extend down to or below the static groundwater elevations at the sites of structures shall be dewatered by lowering and maintaining the groundwater beneath such excavations at an elevation not less than that specified herein at all times when work thereon is in progress, during subgrade preparation and the placing of the structure or other materials thereon. Where the presence of fine granular subsurface materials and a high groundwater table may cause the upward flow of water into the excavation with a resulting quick condition, the Contractor shall install and operate a suitable dewatering system to prevent the upward flow of water during construction. GP 50-5 When the water table is within the capillary rise of silt/clay subsurface material, the Contractor shall select and operate his equipment in a manner to prevent the deterioration of the working surface due to the upward flow of water during construction. The effluent pumped from the dewatering system shall be examined periodically by qualified personnel to determine if the system is operating satisfactorily without the removal of fines. Unless otherwise directed by the Engineer or shown on the Contract Documents, the water level shall not be permitted to rise until construction in the immediate area is completed and the excavation backfilled to the original grade or proposed grade. Where well points are used, the groundwater shall be lowered and maintained continuously (day and night) at a level not less than two (2) feet below the bottom of the excavation. Excavation will not be permitted at a level lower than two (2) feet above the water level as indicated by the observation wells. The wellpoint system shall be designed or installed by or under the supervision of an organization whose principal business is wellpointing and has at least five (5) consecutive years of similar experience and can furnish a representative list of satisfuctory similar operations. Wellpoint headers, points and other pertinent equipment shall not be placed within the limits of the excavation in such a manner or location as to interfere with the laying of pipe or trenching operations or with the excavation for and/or construction of other structures. Standby gasoline or diasel powered equipment shall be provided so that in the event of failure of the operating equipment, the standby equipment can be readily connected to the dewatering system. The standby equipment shall be maintained in good order and actuated regularly not less than twice a week when directed. Wellpoints shall be installed in the center of a sand wick drain which shall be placed by means of a sanding shell or other approved means to provide a sand core not less than ten (10) inches in diameter. Detached observation wells of similar construction to the wellpoints shall be installed at intervals of not less than fiRy (50) feet along the opposite side of the trench from the header pipe and line of wellpoints, or around the excavation for a structure or as shown on the Contract Drawings, to a depth of at least five (5) feet below the proposed excavation. In addition, one wellpoint in every fifty (50) feet shall be fitted with a tee, plug and valve so that the wellpoint can be converted for use as an observation well. Observation wells shall be not less than one and one-half (12) inch in diameter. Water pumped or drained from excavations, or any sewers, drains, or water courses encountered in the work, shall be disposed of in a suitable manner without injury to adjacent property, the work under construction, or to pavements, roads and drives. No water shall be discharged to sanitary sewers. Sanitary sewage shall be pumped to sanitary sewers or shall be disposed of by an approved method. Any damage caused by improper handling of water shall be repaired by the Contractor at his/her own expense. 50-18 SHEETING AND BRACING. The Contractor shall furnish, place and maintain such sheeting, bracing and shoring as required to support the sides and ends of excavations in such a manner as to prevent any movement which would in any way damage the pipe, sewers, masonry or other work, diminish the width necessary, otherwise damage or delay the work, or endanger existing structures, pipes or pavements, or to occasion a hazard to persons engaged on the project or to the general public. Sheeting and bracing or other trench protection shall be utilized as required for the safety of employees exposed to the hazard of falling or sliding material from any trench or excavation in conformance with the provisions of Industrial Code Rule 23 as amended, and OSHA. The Contractor shall submit details of all sheeting to be used on this project to the Engineer for review. These submitted details must be signed and stamped by a Professional Engineer licensed to practice in the State in which the project is located. The Contractor shall be responsible for the adequacy of all trench support systems used and for all damage to persons or property resulting from improper quality, strength, placing, maintenance and removal. 1/06 GP 50-6 I I I ! I I I ! I I I I I ! I I I ! I I I I I I I ! ! I I I I i I I I I I I All material used for sheeting and bracing shall be sound and free from defects which might impair its strength or effectiveness. All timber sheeting and bracing shall be sound and straight, free from cracks, shakes and large or loose knots, with dressed edges where directed and shall otherwise conform with National Design Specifications for Stress Grade Lumber for lumber of a minimum fiber stress of 1,200 pounds per square inch. All steel sheeting and bracing shall be sound and straight, free from bends, twists or splits, having square and undamaged ends and shall otherwise conform with ASTM Designation A 328 and shalI have a minimum thickness of 3/8-inch. Sheeting shall be driven vertically from the original ground surface as the excavation progresses. Sufficient toe support shall be sustained so as to maintain pressure against the original ground at all times. Timber sheeting shall be driven so that edges are tight together and steel sheeting driven with the individual members interlocking. All bracing shall be of such design and strength as to maintain the sheeting in its proper position. If, in the judgement of the Engineer, the sheeting or supports fumished are inadequate or unsuited for the purpose, he may order such sheeting or bracing to be replaced or additional sheeting and bracing to be installed. Any sheeting and bracing ordered and so installed for such purpose shall be furnished and installed at the expense of the Contractor. Whether or not the Engineer orders any additional sheeting or bracing to be installed or unsuitable sheeting or bracing to be replaced, the Contractor shall be solely responsible for the adequacy of all sheeting and bracing. In general, all sheeting and bracing, whether of steel, timber or other material, used to support the sides of trenches or other open excavations, shall be withdrawn as the trenches or other open excavations are being refilled. That portion of the sheeting extending below the top of a pipe, sewer or structure shall be withdrawn, unless otherwise directed, before more than 6 inches of earth is placed above the top of the pipe, sewer or structure and before any bracing is removed. The voids left by the sheeting shall be carefully refilled with selected material and rammed tight with tools especially adapted for the purpose or otherwise as may be approved. The Contractor shall be responsible for the adequate shoring and/or bracing of any existing utilities encountered during the excavation. Such utilities shall be braced or shored in a manner acceptable to the local jurisdictional agency having authority over the utility encountered. It shall be the responsibility of the Contractor to prevent damage to or displacement of utilities, and to work with and request the concurrence of the utility's company representative in this matter. The Contractor shall give written notice, seventy-two (72) hours in advance of excavation operations, to all utility companies with services in the vicinity of such operations. A copy of such notification shall be filed with the Engineer. Where the use of sheeting and bracing is specifically required and paid for, the use of a trench shield, box or similar device in place of sheeting and bracing will not be allowed. The Contractor, as a minimum, shall tight sheet and brace those areas shown on the Contract Drawings. END OF SECTION 50 GP 50-7 I I I I I I I I I I I I I I I I I I I SECTION 60 - CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used in the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly at, er execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found at, er trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials fi.om other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: A. Listed in FAA Advisory Circular (AC) 150/5345-53, Airport Lighting Equipment Certification Program, that is in effect on the date of advertisement; and, B. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: EQUIPMENT NAME CITED FAA SPECIFICATION Not Applicable All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification, when requested by the Engineer. The data submitted shall be sufficient, in the opinion of the Engineer, to determine compliance with the Contract Documents. The Engineer reserves the right to reject any and all equipment, materials or procedures, which, in the Engineer's opinion, does not meet the system design and the standards and codes, specified herein. The Contractor shall prepare an project Operations and Maintenance (O&M) Manual for the Owner. The O&M Manual shall consist of approved certification submittals, approved shop and setting drawing submittals, approved catalogue data submittals, and Operations & Maintenance Manuals for equipment installed that have operating procedures and/or maintenance requirements associated with them. The O&M manual shall be neatly bound in a properly sized 3-ring binder and tabbed by specification section. The O&M Manual shall he submitted to the Engineer prior to final payment to facilitate project closeout. 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, all materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shah be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM, AASHTO, Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Owner. THE COST OF ALL FAILING TESTS SHALL BE BORNE BY THE CONTRACTOR. The testing organizations performing on-site field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor's representative at his/her request. Unless otherwise designated, samples will be taken by a qualified representative of the Owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. GP 60-1 The Contractor shall employ a testing organization to perform all Contractor required tests. The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests. The Engineer will determine if such persons are qualified. All the test data shall be reported to the Engineer after the results are known. A legible, handwritten copy of all test data shall be given to the Engineer daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Manufacturer's certificates of compliance shall not relieve the Contractor of the Contractor's responsibility to provide materials in accordance with these specifications and acceptable to the Engineer. Materials supplied and/or installed that do not materially comply with these specifications shall be removed, when directed by the Engineer, and replaced with materials, which do comply with these specifications, at the sole cost of the Contractor. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. B. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. GP 60-2 I I I I I I I I I I I I i I I I I I I I I 1 I I I I I I I I I I I I I I I It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 ENGINEER'S FIELD OFFICE. The Contractor shall furnish a field office, if required, as specified in the technical specifications. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the fi'ce and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear ali expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner- furnished materials shall be included in the unit price bid for the contract item in which such Owner-furnished material is used. Alter any Owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor's handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner-furnished materials. 60-09 SHOP AND SETTING DRAWINGS AND CATALOGUE DATA. All materials and equipment used in the work shall be submitted to the Engineer for approval prior to ordering the equipment. All information required for the Engineer's review of each particular pay item shall be sent as one submittal. In addition, if the pay item interfaces with other pay items (as in the case of electrical equipment), then the submittals covering the interfacing pay items shall be sent at the same time. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify pertinent products or models applicable to this project. Indicate all optional equipment and delete non-pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment for which they apply on each submittal sheet. Markings shall be boldly and clearly made with arrows or circles (highlighting is not acceptable). Drawings and data shall be submitted sufficiently in advance of the work to permit proper review, including time for necessary revisions and re-submittals. The Contractor is solely responsible for delays in the project accruing directly or indirectly from late submissions or resubmissions of submittals. GP 60-3 Shop and setting drawings shall present complete and accurate information relative to all working dimensions, equipment weight assembly and sectional view, all the necessary details, pertaining to coordinating the work of the Contract, lists of materials and finishes, parts lists and the description thereof, lists of spare parts and tools where such parts or tools are required, no-scale control diagrams for control wiring and control piping, and any other items of information that are required to demonstrate detail compliance with the Plans and Specifications. Each drawing shall be dated and shall show the name of the Project, Contract Number and the name of the manufacturer of the equipment covered by the drawing or drawings. The Engineer will not review any drawings that are not properly identified or that do not contain complete data on the work or that have not been checked, stamped and signed by the Contractor for compliance with the Contract Documents. The Engineer's review of the Contractor's Shop Drawings signifies only that such drawings appear to be in substantial conformity with the Contract Drawings and Contract Documents or with the Engineer's instructions. Such review does not indicate approval of every detail of the drawings nor of the work methods of the Contractor which are indicated thereon. Regardless of the corrections made in or made of such drawings by the Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings, for their conformity to the Plans and Specifications and for the proper finning and construction of the work. No work covered by shop and setting drawings shall be done until the drawings have been reviewed by the Engineer. No payment shall be made on any item for which acceptable submittals are not received by the Engineer. 60-10 ELECTRICAL SHOP DRAWINGS. Drawings for electrical equipment shall show physical dimensions and installation details and shall include elementary and connection diagrams for each control assembly and the interconnection diagrams for all equipment. The drawings shall show clearly the coordination of control work, shall identify the components external to electrical equipment and shall define the contact arrangement and control action of the primary and final control elements. Where standard electrical control equipment having complex internal wiring is required, such as control panels, generator transfer panels, electric or electronic instruments and similar items, the detail shop wiring diagrams for such equipment will not be required, and, if submitted, will in general not be reviewed. The submittal for each such item of equipment shall, however, include an elementary diagram of the input and output elements which require connections to external equipment, and/or a complete step by step description of the control action of the equipment being submitted. In the event that any questions arise as to the type of information to be presented on the submittal, the supplier shall direct inquiries to the Engineer through the Prime Contractor in advance of the preparation of his/her submittal. 60-11 SUBSTITUTE ITEMS. If in the Engineer's sole judgment an item of material or equipment proposed by the Contractor does not qualify as an "or-equal" item, it will be considered a substitute item. The Contractor shall submit sufficient information as provided below to allow the Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore. The procedure for review by the Engineer will include the following and as the Engineer may decide is appropriate under the circumstances. Requests for review of substitute items of material or equipment will not be accepted by the Engineer from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall first make a written application to the Engineer for acceptance thereof, certifying that the substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the substitute will prejudice the Contractor's achievement of completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents or Contract Drawings (or in the provisions of any other direct contract with the Owner for work on the Project) to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the work is subject to payment of any license fee or royalty. If the substitute item requires modifications to any existing features or to any proposed work, the application shall also include details of proposed modifications necessary to accommodate the substitute item. Such details shall include scaled layouts, dimensions and other pertinent information to enable the Engineer to accurately assess the entire application. If the substitute item and proposed modifications are approved, the Contractor, at no additional cost to the Owner, shall do all work necessary to make such modifications and absorb all costs of any related changes imposed on other Contractor's. All variations of the substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also GP 60-.4 I I I i I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I contain an itemized estimate of ali costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by the Engineer in evaluating the substitute. The Engineer may require the Contractor to furnish additional data about the substitute. Ao Engineer's Evaluation. The Engineer will be the sole judge of acceptability. No substitute will be ordered, installed or utilized without the Engineer's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. The Engineer will record time required by the Engineer and the Engineer's Consultants in evaluating substitutes proposed or submitted by the Contractor and in making changes in the Contract Documents or Contract Drawings (or in the provisions of any other direct contract with Owner for work on the Project) occasioned thereby. The Engineer's charges shall be at the same rates the Engineer charges for such services to the Owner. Contractor's Expense. All data to be provided by the Contractor in support of any substitute item will be at the Contractor's expense. In order to aid the Engineer in determining the equality of a or substitute item (when compared to the item actually specified), the Contractor shall arrange for the performance of any tests requested by the Engineer. The Engineer shall determine the nature, extent, tester and degree of supervision of such tests. Certified test results shall be mailed directly to the Engineer for all tests requested. All costs of such tests, including engineering costs, shall be borne by the Contractor. The Owner may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. Whether or not the Engineer accepts a substitute item so proposed or submitted by the Contractor, the Contractor shall reimburse the Owner for the charges of the Engineer and the Engineer's Consultants for evaluating each such substitute item. The costs for evaluating substitute items shall be deducted from the Owner's payment to the Contractor. 60-12 SUBMITTAL PROCEDURE. The following procedure has been established for the submittal and processing of shop and setting drawings, working drawings, and catalogue data. Departures from this procedure may result in delay and misunderstandings. Ao All information required for the Engineer's review of each particular pay item shall be sent as one submittal. In addition, if the pay item interfaces with other pay items (as in the case of electrical equipment), then the submittals covering the interfacing pay items shall be sent at the same time. B° In submitting certifications, drawings, catalog data, and similar items for review, at least five (5) copies shall be submitted. This number includes two copies for return to the Contractor bearing the review stamp, one of which will be incorporated into an O&M Manual prior to contract closeout. If the Contractor desires more than two copies returned, they shall submit the additional copies with the initial transmittals up to a maximum of four copies. If the need arises by the Engineer to require additional copies, the Contractor will be informed so that subsequent submittals will include the correct number of copies. Additional copies of submittals will be required upon Owner request, or in cases where the subject matter shown thereon requires coordination of two or more prime Contracts. One copy of each of such submittals received will be transmitted by the Engineer, whenever possible, to each of the other prime Contractors whose work is to be correlated with such submittals. The Engineer will transmit these submittals in order to facilitate each Corm-actor's coordination of their own work with that of the other Contracts. C. For transmitting data for review, two (2) copies of the letter of transmittal will be required by the Engineer's office. Form letters may be used. D. All correspondence other than simple transmittal of data shall be in triplicate. Eo Unless otherwise requested, a single copy of the correspondence emanating from the Engineer's office will be sent. Additional copies of correspondence up to a maximum of four (4) copies will be provided, if requested. F. Submittals will be stamped as follows: 1/06 GP 60-5 1. "Approved", if no change or rejection is made. All but three (3) copies of the submitted data will be returned. "Approved as Noted", if minor changes or additions are made, but re-submit, al is not considered necessary. All but three (3) copies of the submitted data will be returned and all copies will bear the corrective marks. "Revise and Resubmit", if the changes requested are extensive. In this case, re-submittal after correction is necessary and the same number of copies shall be included in the re-submittal as in the first submittal. One (1) copy of the first submittal will be retained by the Engineer's office and only two (2) copies will be returned to the Contractor unless the Contractor has requested the return of additional copies as set forth above. All other copies will be destroyed. "Rejected", if it is considered that the data submitted cannot with reasonable revision meet the requirements of the Plans and Specifications. As in "3" above, only two (2) copies will be returned unless additional copies have been requested. One (1) copy will be retained by the Engineer's office and all others will be destroyed. "Submit Specified Item", if the data submitted is not clear, complete, or for other reasons cannot be examined by the Engineer to establish compliance with the Plans and Specifications. Only two (2) copies will be returned to the Contractor, one (1) copy will be retained by the Engineer and all other copies shall be destroyed. G. Unless otherwise approved in specific cases, all submittals must be transmitted by the Prime Contractor; not by the Subcontractors or vendors. Any changes in re-submittals, other than those indicated as requested, must be specifically brought to the attention of the Engineer. Changes or additions shall not be made in, or to, any fabricated item, part or material without having a re-review. END OF SECTION 60 GP 60-6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and ail orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work, unless provided for elsewhere. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: Utilit~ Location Person to Contact Phone No. "Not Applicable" Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AlP contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United States Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the United States Code (USC) and the Rules and Regulations of the FAA that pertain to the work. As required by the USC, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the USC, the rules and regulations implementing the USC, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the I/o6 GP 70-1 rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Conixactor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Barricades, warning signs, and markings for hazards that are in the air operations area shall be installed in accordance with the subsection titled WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS of Section 80. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. 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, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to 1/06 GP 70-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I the Engineer and, in general, not closer than 1,000 feet from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them untit directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their 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 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 infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suit(s), action(s), or claim(s) for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. The Contractor, at his own expense, shall procure and maintain, until final acceptance by the Owner of the work covered by the Contract, comprehensive liability insurance for damages imposed by law of the kinds and in the amounts hereinafter provided, written by a financially solvent insurance company authorized to do such business and write such coverage in the place where the Project is located, covering all operations under the Contract, whether performed by the Contractor or by its Subcontractor(s). Before commencing the work, the Contractor shall furnish to the Owner three (3) certificates of insurance, in satisfactory form to the Owner, showing that the Contractor has complied with the requirements of this Section. The policies and certificates shall provide that the policies shall not be changed or canceled until thirty (30) days after written notice thereof has been given to each of the Additional lnsureds listed below. Property damage insurance shall include coverage for explosion, collapse, and underground operations (X C U hazards). A. Thc kinds and amounts of insurance are as follows: 1. General Liability insurance policies shall be Commercial General Liability Insurance and shall be written on an Occurrence basis with the following minimum limits: Each Occurrence General Aggregate $1,000,000 $3,000,000 GP 70-3 As an alternative to the above limits for General Aggregate and Each Occurrence, Contractor may elect to provide Excess Liability Insurance. Excess Liability coverage shall likewise be written on an Occurrence basis. If the Contractor so elects, then the sum of the General Liability Each Occurrence limit and the Excess Liability Each Occurrence limit shall total at least $1,000,000. The sum of the General Liability General Aggregate limit and the Excess Liability Aggregate limit shall total at least $3,000,000. 2. Automobile Liability policies shall cover "All Owned", "Scheduled", "Hired" and "Non-Owned" autos. The minimum Combined Single Limit shall be $1,000,000. As an alternative to the above limit for Automobile Liability, Contractor may elect to provide Excess Liability Insurance. Excess Liability coverage shall be written on an Occurrence basis. If the Contractor so elects, then the sum of the Combined Single Limit and the Excess Liability Each Occurrence limit shall total at least $1,000,000. Policy or policies covering the obligations of the Contractor in accordance with the provisions of any applicable Worker's Compensation or Disability Benefits Law, including (for the State of New York) Chapter 41, Laws of 1914, as amended, known as the Worker's Compensation Law, and amendments thereto, and Chapter 600 of the Laws of 1949, as amended, known as the Disability Benefits Law. B. This insurance shall be primary over all other collectible insurance. C. Anti-subrogation applies to General Liability and to Automobile Liability. D. The Certificate Holder shall be Town of Southold, 53095 Main Road, Southold, New York 06390. E. The following shall be named as Additional lnsureds: Town of Southold, C&S Engineers, Inc., the Federal Aviation Administration, and the New York State Department of Transportation. The General Liability policies shall provide coverage for liability for damages imposed by law upon the Contractor and Subcontractor(s) with respect to all work performed by any of them under the Contract. The insurance company providing General Liability insurance coverage acknowledges that the Contractor has agreed in this Contract to defend, hold harmless, and indemnify the Owner and the Engineer and their officers and employees as set forth in Section 70-11, and above will cover that agreement. Contractor's policies shall provide coverage for contractual liability imposed by Contract, including this Contract, and completed operations liability for damages imposed by law arising between the date of the certification of completion of the work and the date of the expiration of the guarantee. H. Contractor's policy shall provide coverage for liability arising out of the acts or omissions of its Subcontractors. Each Subcontractor employed on site by the Contractor shall provide comprehensive liability insurance in accordance with the above described requirements of the Contractor. Such insurance requirements shall be submitted to the Engineer as part of the Subcontractor approval process. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such i/o6 GP 70-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I beneficial occupancy by the Owner as described below: Phase or Required Date or Sequence of Work Shown Description Owner's Beneficial Occupancy on Plan Sheet (See the subsection titled WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS of Section 80.) Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. Contractor shall be required to conform to safety standards contained AC 150/5370-2, Operational Safety on Airports During Construction. See the subsection titled Aviation Safety Requirements During Construction (Safety Plan) of Section 80. Contractor shall refer to the approved safety plan to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution 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 except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: I/o6 GP 70-5 Utility Service or Facility Person to Contract Telephone No. Not Applicable It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features fi.om damage or unscheduled interruption of service. It is further undemtood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet of such outside limits at such points as may be required to ensure protection fi.om damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs fi.om any monies due or which may become due the Contractor, or his/her surety. 70-16 FURNISHING RIGHTS-OF-WAY. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exemising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner fi.om correcting any measurement, estimate, or certificate made before or after completion of the work, nor shalI the Owner be precluded or stopped fi.om recovering fi.om the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under GP 70-6 I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the con~act is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. A. Air Pollution 1. No burning of combustible waste shall be permitted. Alternatives to Burning Land Cleared Material. a. All spoil material from clearing and grubbing operations shall be disposed of in accordance with the Technical Specifications, unless otherwise directed. b. Wood may be salvaged for firewood or commercial use or it may be chipped and disposed of for use as mulch. c. Logs, brush, etc. may be removed to an authorized disposal area or disposed of to the general public without charge. Dust Control. a. Common construction operations which may cause excessive dust include: 1) Quarry, drilling and rock crushing. 2) Clearing, grubbing and stripping. 3) Excavation and placement of embankment. 4) Cement and aggregate handling. 5) Cement or lime stabilization. 6) Blasting. 7) Use of haul roads. 8) Sandblasting or grinding. Other construction operations which may cause air pollution are: 1) Volatiles escaping from asphalt and cut back materials. 2) Use of herbicides or fertilizers. 3) Smoke from asphalt plants or heater/planers. GP 70-7 Control of Dust and Other Air Pollutants. Control of Dust and Other Air Pollutants shall be the responsibility of the Contractor and may include the following control methods: 1) Drilling apparatus equipped with water or chemical dust controlling systems. 2) Exposing the minimum ama of land. 3) Applying temporary mulch with or without seeding. 4) Use of water sprinkling trucks. 5) Use ofcovered haul trucks. 6) Use of stabilizing agents in solution. 7) Use of dust palliative and penetration asphalt on temporary roads. 8) Use of wood chips in traffic or work areas. 9) Use of vacuum equipped sandblasting systems. 10) Use of plastic sheet coverings. 11) Restricting the application rate of herbicides to recommended dosage. Materials should be covered and protected from the elements. Application, equipment and empty containers shall not be rinsed and discharged to a stream, etc. or allowed to enter the groundwater. 12) Use dust control measures at bituminous mixing plants, and quarry operations. 13) Delay operations until climate or wind conditions dissipate or inhibit the potential pollutants in a manner satisfactory to the Engineer. B. Water Pollution The Contractor shall use suitable precautions to minimize water pollution during the progress of the work. Erosion control devices or methods may consist ofberms, dikes, dams, drains, sediment basins, fiber mats, woven plastic filter cloths, gravel, mulches, quick growing grasses, sod, bituminous spray or other control devices. 2. The amount of surface area of erodible earth at any one time shall not exceed the area allowed by permit. Pollutants such as fuels, lubricants, bitumens, raw sewage and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or man-made channels leading thereto. Wash water or waste from concrete mixing and curing operations should not be allowed to enter streams, etc. In the event of conflict between these requirements and pollution control laws, rules or regulations or other Federal, State or local agencies, the more restrictive laws, rules, or regulations shall apply. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part ora building, structure, or object that is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-21 CIVIL RIGHTS ACT OF 1964, TITLE Vl - CONTRACTOR CONTRACTUAL REQUIREMENTS. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: GP 70-8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. Eo Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the contractor under the contract until the contractor complies, and/or 2. Cancellation, termination, or suspension of the contract, in whole or in part. Incorporation of Provisions. The contractor shall include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 70-22 AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS. The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal properly or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title Vt of the Civil Rights Act of 1964. s/o6 GP 70-9 70-23 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES. A. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 70-24 ACCESS TO RECORDS AND REPORTS. The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 70-25 DISADVANTAGED BUSINESS ENTERPRISE. This section contains information from various sections of 49 CFR Part 26 titled Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. It is not intended to be all encompassing, nor a comprehensive reiteration of the regulation. A. The Sponsor has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The Sponsor has received, or will receive, Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the Sponsor assures that it will comply with 49 CFR Part 26. It is the policy of the Sponsor to ensure that DBEs as defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also the policy of the Sponsor: 1. To ensure nondiscrimination in the award and administration of DOT - assisted contracts; 2. To create a level playing filed on which DBEs can compete fairly for DOT-assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26. Determination whether the bidder has made a good faith effort will be made by the Sponsor's DBE Liaison Officer. The bidder's DBE Plan must be acceptable to the Sponsor before entering into a contract with the bidder. Within 15 days of being informed by the Sponsor that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the Sponsor's reconsideration official. The reconsideration official will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with the reconsideration official to discuss the issue of GP 70-10 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I whether it met the goal or made adequate good faith efforts to do. The Sponsor will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. The Sponsor will require the contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The Sponsor will require the prime contractor to notify the DBE Liaison officer immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the Sponsor will require the prime contractor to obtain prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the Sponsor will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. The sponsor will require the contractor to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the Sponsor or DOT. This reporting requirement also extends to any certified DBE subcontractor. The Sponsor will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the contractors DBE participation plan. At completion of work, the contractor will report to the Sponsor the actual amount paid to each DBE firm utilized for this contract. SEE THE DBE PARTICIPATION SUMMARY FORM FOLLOWING THIS SECT1ON. 70-26 ENERGY CONSERVATION REQUIREMENTS. The contactor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 70-27 BREACH OF CONTRACT TERMS. Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of the agreement. The duties and obligations imposed by the Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 70-28 RIGHTS TO INVENTIONS. All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. 70-29 TRADE RESTRICTION CLAUSE. The contractor or subcontractor, by submission of a proposal and/or execution ora contract, certifies that it: is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national ora foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals ora foreign country on said list; C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. GP 70-11 Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that ora subcontractor was erroneous when submitted or has become erroneous by reason of changed cimumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 70-30 VETERAN'S PREFERENCE. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515 (c) (1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 70-31 DAVIS BACON REQUIREMENTS. I. Minimum Wages. (i) All laborers and mechanics 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 Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination 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 and such laborers and mechanics. SEE THE GENERAL DECISION REGARDING THE WAGE DETERMINATION FOLLOWING THIS SECTION. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fi'inge benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rote specified for each classification for the time actually GP 70-12 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. 1/06 (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (I)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) ]f the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers GP 70-13 and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amotmt of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, 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. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)0) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. GP 70-14 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. 1/06 (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio ofltainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage GP 70-15 rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. Contract Termination: Debarment. A breach of the contract clauses in paragraph I through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Compliance With Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR Parts I, 3, and 5 are herein incorporated by reference in this contract. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Depamnent of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 70-32 EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants am employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. SEE THE "EQUAL EMPLOYMENT OPPORTUNITY 1S THE LAW" POSTER FOLLOWING THIS SECTION. 1/06 GP 70-16 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. The contractor will send to each labor union or representative of workers with which s/he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. The contractor will furnish ail information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 70-33 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2. 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation for each trade 5.8% Goals for female participation in each trade 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non-federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and GP 70-17 women evenly on each of its projects. The transfer of minority or female employees or trainees fi.om contractor to contractor or fi.om project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Suffolk County, New York. 70-34 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60-4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the lndian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affm:native action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 1/06 GP 70-18 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted am expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or fi.om Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craf~ during the period specified. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results fi.om its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. Establish and maintain a current list of minority and female recruitment sources, provide writlen notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. GP 70-19 1/06 Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory pemonnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that GP 70-20 I I I I I I I I I I I I I I I I I I I I I I ii I I I I I I I I I I I I I I 10. 11. 12. 13. 14. 15. the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 16. Standard Form 100, Employer Information Report, must be filed by: A. All private employers who are: (1) subject to Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) with 100 or more employees EXCLUDING State and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations; OR (2) SUBJECT TO Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central GP 70-21 control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 1 O0 or more employees. All federal contractors (private employers), who: (1) are not exempt as provided for by 41 CFR 60-1.5, (2) have 50 or more employees, and (a) are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or (b) serve as a depository of Government funds in any amount, or (c) is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes. Standard Form 100 must be filed with the Joint Reporting Committee no later than September 30. Standard Form 100 is normally furnished to employers annually based on a mailing list maintained by the Joint Reporting Committee. In the event a Contractor has not received the form, it may be obtained from the Joint Reporting Committee, Post Office Box 779, Norfolk, Virginia 23501, telephone (757) 461-1213. 70-35 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2o Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and 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, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum orS10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph I above. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs I through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 70-36 NYSDOT STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS. The following verbiage is included verbatim as required by a New York State Department of Transportation grant assurance: Standard Clauses For New York State Contracts - Appendix A. The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinaRer, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): GP 70-22 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. 3. 4. 5. 6. 7. Executory Clause. In accordance with Section 41 of the State Finance Law, the State shall have no liabiIity under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. Non-Assignment Clause. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of participation pursuant to Article 5-A of the State Finance Law. Comptroller's Approval. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $15,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $30,000 (State Finance Law Section 163.6.a). Workers' Compensation Benefits. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. Non-Discrimination Requirements. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it not its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220~e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. Wage And Hours Provisions. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. SEE "SPECIAL NOTE" REGARDING PREVAILING WAGE RATES FOLLOWING TH1S SECTION. Non-Collusive Bidding Certification. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalfi GP 70-23 8o International Boycott Prohibition. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, parmership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). Set-Off Rights. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of setoff any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. Records. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter or three (3) years after final payment, whichever is later. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. Identifying Information And Privacy Notification. (a) Federal Employer Identification Number And/Or Federal Social Security Number. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or servicas or a lessor of real or personal properly, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other GP 70-24 I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 12. 13. 14. 15. 1/06 purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to pumhase the goods or services or lease the mai or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. Equal Employment Opportunities For Minorities And Women. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real propen2~ and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Aff~rmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. Conflicting Terms. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. Governing Law. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. Late Payment. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. GP 70-25 16. No Arbitration. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. Service Of Process. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. Prohibition On Purchase Of Tropical Hardwoods. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. Reciprocity And Sanctions Provisions. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 20. Purchases Of Apparel. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. 21. Labor Affidavits, New York State Laws of 1988. The following outlines the certification and reporting procedures required by the Office of the State Comptroller to implement Chapter 698, Laws of 1988 (Labor Affidavits) for all public improvement contracts let (bid opening date) after March 1, 1989. COPIES OF AFFIDAVITS FOLLOW THE END OF THIS SECTION. A. The prime contractor must provide each subcontractor with a copy of the schedule of wages and supplements specified in the contract before the subcontractors work is started. The prime contractor must immediately obtain the subcontractor's certification. Such certification must be maintained by the prime contractor until the final payment is requested. The prime contractor's and subcontractor's certification forms are on the following three (3) pages. C. If revised schedules of wages and supplements are issued, the prime contractor must provide each subcontractor with such revised schedules and obtain a revised subcontractor's certification. GP 70-26 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I D. The prime contractor must submit a labor affidavit in support of the payment of wages to its own employees. The subcontractor's certification (s) and the prime contractor's affidavit must be submitted to the State Comptroller's Office with the prime contractor's final payment request. Failure to obtain and provide the required certifications will delay the contractor's f'mal payment. NOTE: The term subcontractor applies to both subcontractors of the contractor and subcontractors of a subcontractor. 70-37 NYSDOT TERMS AND CONDITIONS. The following verbiage is included verbatim as required by a New York State Department of Transportation grant assurance: TERMS AND CONDITIONS (ADDENDUM NO. 1): The Grantee agrees to incorporate or cause to be incorporated into any contract for construction work, or furnishing of any materials, supplies, or equipment or professional consulting services of any kind in connection with the Project, clauses under which the Contractor: a. Agrees to procure and maintain insurance of the kinds and in the amounts specified. b. Agrees that he will comply with the requirements of the State Labor Law and particularly Sections 220 and 220-4 thereof as amended, and as set forth in Appendix A hereof. Agrees that during the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin and will comply with the Non-Discrimination provisions set forth in Appendix A hereof. d. Agrees that he will cause all persons employed upon the work including his subcontractors, agents, officers and employees, to comply with all applicable laws in the jurisdiction in wh ich the work is performed. Agrees not to assign, transfer, convey, sublet or otherwise dispose of this agreement or any part thereof, or of its right, title or interest therein or its power to execute such agreement to any person, company or corporation without the previous consent in writing of the Grantee and the Commissioner of Transportation. Agrees that in accordance with its status as an independent contractor, it will conduct itself with such status that it will neither hold itself out as nor claim to be an officer or employee of the State by reason hereof, and that it will not by reason hereof, make any claim demand of application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workmen's Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or Credit. g. Agrees that this agreement may be canceled or terminated by the Grantee if any work under this agreement is in conflict with the provisions of Section 74 of the Public Officers Law. Agrees that any patentable result arising out of this Agreement, as well as all information, designs, specification, know-how, data, and findings, shall be made available without cost to the State or its licenses for public use. Agrees that for construction work he will furnish a performance bond in an amount at least equal to 100 percent of this contract price as security for the faithful performance of his contract and also a labor and material bond in an amount equal to 100 percent of his contract price as security for the payment of all persons performing labor on the project under his contract and furnishing materials in connection with his contract. The performance bond and the labor and material bond may be in one or in separate instruments in accordance with law. GP 70-27 Agrees that the Commissioner and the State Comptroller reserve the right to audit and inspect the work of the contractor and any and all records thereof through representatives of the State, as well as through officers and employees of the State, as they shall determine. k. Agrees that the State shall not be obligated or liable hereunder to any party other than the Grantee. Agrees that if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of the applicable law. m. Agrees that by execution of the Agreement the Contractor represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of this agreement. n. Agrees that all project documents requiring formal approval by a Federal Agency will be submitted to the Commissioner for his prior approval and forwarding to the Federal Agency for its formal approval. The Grantee agrees to give full opportunity for free, open and competitive bidding for each contract to be let by it calling for constraction or the furnishing of any materials, supplies, or equipment to be paid for with Project funds in accordance with the requirements of Section 103 of the General Municipal Law, the State Finance Law and any other applicable State Laws, Regulations or any requirements or opinions of the State comptroller. The Grantee agrees that contracts for professional or consulting services may be negotiated, but they must be in writing and must state the maximum compensation or reimbursement to be paid. Negotiations must be adequately documented to show consultants considered, proposals received, reasons for selecting the proposed consultant, and the unit basis or other detailed explanation in support of the amount of compensation to be paid. END OF SECTION 70 GP 70-28 i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Disadvantaged Business Enterprise DBE Participation Summary (Submit one form for each DBE Firm.) Contractor DBE Firm Name: Address: City: DBE Firm: Address: City: State: Zip: State: Zip: Phone: Expiration Date: DBE Contact Person Name: DBE Certification Agency: Each DBE Firm shall submit evidence (such as a photocopy) of their certification status. [] Black American DBE Commitments/Awards [~ Hispanic American -Breakdown By ~ Native American Ethnicity & Gender [ I Subcont. Asian American Classification: [] Prime Contractor Manufacturer Subcontractor Asian-Pacific American Non-Minority Women Other 0 e .o, orany other group listed here) Supplier Joint Venture Work items Amount performed by DBE Description Quantity Paid to DBE I I I I The Contractor utilized the above-named DBE Firm for the work items described above. The actual participation is as follows: Total amount paid Percent of Contractor's to DBE Firm: $ total contract: % Affirmation: The above-named DBE Firm affirms that it has performed the work items described above and has been paid the amount stated above. By: I I I (Signature) (Title) I I Equal Employment Opportunity is THE LAW Employers I Holding Federal Contracts or I Subcontracts Applicants to and employees of companies with a Federal government Icontract or subcontract are protected under the following Federal authorities: RACE, COLOR, RELIGION, SEX, INATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national Iorigin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. I I NDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended prohibits job discrimination because of disability and requires affirmative action to employ and advance in employment qualified individuals with disabilities who, with Ireasonable accommodation, can perform the essential functions of a job. VIETNAM ERA, SPECIAL DISABLED, RECENTLY SEPARATED, AND OTHER PROTECTED VETERANS I I I 38 U.S.C. 4212 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, prohibits job discrimination and requires affirmative action to employ and advance in employment qualified Vietnam era veterans, qualified special disabled veterans, recently separated veterans, and other protected veterans. I~ Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the I a uthorities above should contact The Office of Federal Contract iCompliance Programs (OFCCP), Employment Standards Admin., U.S. Department of Labor, 200 Constitution Avenue, N.W. Washington, D.C. 20210 or call (202) 693-0101, or an OFCCP t regional or district office, listed most in · telephone directories under U.S. -- Government Department of Labor Private Employment, State and Local Governments, Educational Institutions Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under the following Federal laws: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. DISABILITY The Americans with Disabilities Act of 1990, as amended, protects qualified applicants and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, classification, referral, and other aspects of employment on the basis of disability. The law also requires that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship. AGE The Age Discrimination in Employment ACt of 1967, as amended, protects applicants and employees 40 years or age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, terms, conditions or privileges of employment. SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, as amended (see above), the Equal Pay ACt of 1963, as amended, prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment. Retaliation against a person who files a charge of discrimination, participates in an investigation, or opposes an unlawful employment practice is prohibited by all of these Federal laws. If you believe that you have been discriminated against under any of the above laws, you should contact immediately: The U.S. Equal Employment Opportunity Commission (EEOC) 1801 L Street, N.W., Washington, D.C. 20507, or an EEOC field office by calling toll free (800)669-4000 For individuals with hearing impairments, EEOC's toll free TDD number is (800)669-6820. I I Programs or Activities Receiving Federal Financial Assistance RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX. in addition to the protection of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal Financil Assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal assistance. INDIVIDUALS WITH DISABILITIES Sections 501,504 and 505 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance in the federal government. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with reasonable accommodation, can perform the essential functions of a job. If you believe you have been discriminated against in a program of any institution which receives Federal assistance, you should contact immediately the Federal agency providing such assistance, i I I I ! I ! I ! I I l i 1 I I I I I FEDERAL WAGE RATES I ]ENERAL DECISION: NY20080013 05/01/2009 NY13 )a~!: May 1, 2009 ]e~!ral Decision Number: NY20080013 05/01/2009 ia !rseded General Decision Number: NY20070013 le: New York ! ;o :truction Types: Building, Heavy, Highway and Residential ~ounties: Nassau and Suffolk Counties in New York. ~UIDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION ?RO-JECTS (including single family homes and apartments up to ~nd including 4 stories), HEAVY CONSTRUCTION PROJECTS, HIGHWAY ~OITRDCTION PROJECTS Number Publication Date ~odification 0 02/08/2008 I 1 02/15/2008 2 02/22/2008 3 02/29/2008 4 03/14/2008 5 03/21/2008 6 05/02/2008 7 06/13/2008 Il 8 07/04/2008 9 07/18/2008 10 07/25/2008 I 11 08/08/2008 i2 08/22/2008 13 08/29/2008 14 09/19/2008 i 15 10/03/2008 16 11/14/2008 17 01/02/2009 18 02/06/2009 I 19 03/06/2009 20 04/24/2009 21 05/01/2009 tE0012-001 12/31/2007 ~slstos Workers/Insulator includes application of Iall insulating materials, protective coverings,coatings and finishing to all types of Rates Fringes mechanical systems .......... $ 46.86 {~INRDOUS MATERIAL HANDLER ....... $ 24 . 45 26.97 8.50 IL0005-001 01/01/2007 Rates Fringes 3~,ERMAKER ...................... $ 44.98 28.95+a FOOTNOTE: ~l//frwebgate4.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAI SdoclD=610624487265+ 1 + 1 +0&WAISaction... Page 1 of 11 5/29/2009 a. PAID HOLIDAYS: New Year's Day, Thanksgiving Day, Memorial ~y, Independence Day, Labor Day and Good Friday, Friday BRNY0001-001 07701/2008 I Rates Fringes 3R~KLAYER ....................... $ 46.68 20.21 __~_L~~~!_~k~ ............ ~2~ ....... CARP0007-016 07/01/2008 I Rates Fringes ~ai)enters: Building .................... $ 36.63 26.93 Heavy & Highway ............. $ 36.63 26.93 Residential ................. $ 30.00 11.20 -~;;~;~;;~-;;~;~;;; ........................................ Rates Fringes 4IIwRIGHT ....................... $ 38.13 35.40 Ci{P1456-009 07/01/2008 Rates Fringes DIVERS TENDERS .............. $ 39.18 38.06 DIVERS ...................... $ 54.63 38.06 DOCKBUILDERS ................ $ 43.61 38.06 _l_~__~f::~:~::::~!_~ ............ ~ ....... CARP1536-001 07/01/2003 i Rates Fringes iarpenters: __~_2~~::~::~:~!_~2~ ............ ~2~ ....... ELEC0025-001 04/26/2008 I Rates Fringes tLECTRICIAN ...................... $ 44.75 28.52 -~;;~;;7;;~Z~;;~ ........................................ Rates Fringes g]l;t ricians: Maintenance Unit ............ $ 34.00 35.5%+3.46 I Telephone Unit .............. $ 31.00 47.5%+2.21 Wiring for single or multiple family dwellings and apartments up to and _I_~L~L~_~2~2~~2_~Z~ ......... L~L~ ....... ELECi049-002 04106/2008 Page 2 of 11 al://frwebgate4 .access .gpo. gov/cgi-bin/TEXTgate.cgi?WAI SdocID=610624487265+ 1 + 1 +0&WAI Saction... 5/29/2009 Page 3 of 11 Rates Construction: Substation and Switching structures pipe type cable installation and maintenance jobs or projects; Railroad electrical distribution/ transmission systems maintenance (when work is not performed by railroad employees) Overhead and Underground transmission/distribution line work. Fiber optic, telephone cable and equipment; Groundman .................. $ 24.83 Heavy Equipment Operator...$ 33.10 Lineman & Cable Splicer .... $ 41.38 Material Man ............... $ 36.00 Fringes 17.91 17.91 17.91 17.91 EIV0001-002 03/17/2008 Rates gLIATOR MECHANIC Elevator Constructor ........ $ 48.19 Modernization and Repair .... $ 38.46 ?OINOTE: Fringes 21.085+a+b 20.935+a+b a. PAID HOLIDAYS: New Year's Day, Good Friday, President's ly, Memorial Day, Independence Day, Labor Day, Columbus y, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. PAID VACATION: An employee who has worked less than 5 ars shall recieve vacation pay credit on the basis of 4% of his hourly rate for all hours worked; an employee who :~s worked 5 to 15 years shall receive vacation pay credit the basis of 6% of his hourly rate for all hours worked; an employee who has worked 15 or more years shall receive ~cation pay credit on the basis of 8% of his hourly rate ......................................... ENGI0138-001 06/01/2008 I 3U ~DING CONSTRUCTION Rates 8olr equipment operators: GROUP 1 ..................... $ 46.04 I GROUP 2 ..................... $ 43.65 GROUP 3 ..................... $ 42.06 GROUP 4 ..................... $ 38.85 GROUP 5 ..................... $ 37.24 diS: Fringes 27.94+a 27.94+a 27.94+a 27.94+a 27.94+a hl//frwebgate4.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAI SdoclD=610624487265+ 1 + 1 +0&WAISaction... 5/29/2009 ~alat premiums: Level A 3.50 it el B 2.50 ~1 C 1.50 ,1 D 1.00 Iler on truck cranes with boom length of 100 ft. or more ~5 ?O~'NOTE: Paid Holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday or President's Day {in lieu of mncoln's or Washington's Birthday), Good Friday, Memorial y, Indpendence Day, Labor Day, Veteran's Day, anksgiving Day, Christmas Day or days celebrated as such.  y holiday that falls on a Saturday will be celebrated on iday. POWER EQUIPMENT OPERATOR CASSIFICATIONS IOUP 1: Asphalt spreader, backhoe crawler capacity over ~ter - piller 225 and lomatsu 300, Boiler (thermoplastic), Cherry picker, over 50 tons, CMI or maxim spreader, ncrete pump (with oiler), crane (crawler truck), crane .n barge), crane (stone setting), crane (structural steel), crane {with clam shell), derrick, dragline, dredge, i adall, grader, hoist (3 drum), loading machine (bucket) p of 10 yds or over micro-trap, with compressor (negative r machine), milling machine, large pile driver, power winch, Stone setting/structural steel, power winch {truck s~Unted/stone steel) powerhouse, road paver scoop, rry-all, scraper in tandem shovel, sideboom tractor, deboom tractor (used in tank work), stone spreader (self  opelled tank work), zamboni (ice machine) OUP 2: Backhoe, boom truck, bulldozer, cherypicker, conveyor (multi), dinky locomotive, forklift, hoist, 2 um, loading machine, loading machine (front end) chanicl compactors, (machine drawn), mulch machine achine-fed), power winch, other than stone/structural steel, power winch (truck mounted other than stone steel) I~~ (hydraulis, wi th boring machine), roller, {asphalt), p (carry-all scraper), tower crane (maintenance man), trenching machine I OUP 3: Comrpessor (structural steel), Compressor (2 or more ~ battery), concrete finishing mchine, concrete spreader, conveyor, curb machine (asphalt or concrete), curing l chine, fireman, hoist (1 drum), micro-trap, (self ntained, negative air machine), pump (4 inches or over), pump (hydraulic), pump (jet), pump (sumbersible), pump ~ell point), pulvi-mixer, ridge cutter, roller (dirt), triping welding burning, welding machine, and ~chine (pile work), welding machine (structural steel) IOUP 4: Compressor, compressor (on crane), compressor (pile rk), compressor (stone setting), concrete breaker, Concrete saw or cutter, forklift (walk behind, power erated), generator-pile work, generator, hydra hammer, chanical compactors (hand operated), oiler (truck crane), ~in puller, portable heaters, powerbroom, power buggies, pump {double action diaphgrgm), pump (gypsum), trench ht~://frwebgate4 .access .gpo .gov/cgi-bin/TEXTgate.cgi?WAI SdoclD=610624487265+ 1 + 1 +0&WAI Saction... Page 4 ofll 5/29/2009 I~chine (hand), welding machine OUP 5: Batching plant (on site of job), generator (small), xer (with skip), mixer (2 small with or without skip), xer (2 bag or over, with or without skip), mulch machine, oiler, pump (centrifugal, up to 3 inches), root cutter, le~vibrator) chipper, tower crane (oiler), tractor (caterpillar or E~I0138-002 08/01/2008 i{EmY & HIGHWAY Rates ?o~-er equipment operators: GROUP 1 ..................... $ 47.31 GROUP 2 ..................... $ 44.14 GROUP 3 ..................... $ 42.54 GROUP 4 ..................... $ 39.33 GROUP 5 ..................... $ 37.74 GROUP 6 $ 29.91 dOTES: tal~at premiums: m Level A 3.50 Level B 2.50 Level C 1.50 grlk and Crawler Cranes long boom premiums: >oom lengths (including jib) 100-149 ft iio~m lenghts (including jib)150-249 ft lenghts (including jib) 250-349 ft lengths (including jib) 350 ft r,es ?r~t end loader 10 yds and above )iler on truck cranes with b~m length of 100 ft. or more ?O~'NOTE: .25 .25 Fringes 27.94+a 27.94+a 27.94+a 27.94+a 27.94+a 9.05+10% .50 1.00 1.50 .25 Page 5 of 11 ~ Paid Holidays: New Years Day, Lincoln's Birthday, [shington's Birthday or Presidents Day (in liew of Lincoln's or Washington's Birthday, Good Friday, Memorial y, Independence Day, Labor Day, Columbus Day, Veteran's y, Thanksgiving Day, Christmas Day or days celebrated as ch. Any holiday that falls on Saturday will be celebrated on Friday. tOWER EQUIPMENT OPEP~ATOR CLASSIFICATIONS ~OUP 1: Asphalt spreader, backhoe crawler (capacity over tterpiller 225 and komatsu 300), boiler (thermoplastic), ~ring machine (post hole), cgherry picker (over 50 ton), CMI or maxim spreader, concrete pump, with oiler, crane !2rawler truck), crane (on barge), crane (stone setting) :ane (structural steel), crane (with clam shell), derrick, ragline, dredge, gradall, grader, hoist (3 drums), loading machine (bucket) capacity of 10 yards or over, micro-trap lith air machine), milling machine compressor-negative arge), piledriver, power winch (stone setting structural steel), power winch (truck mounted/stone steel), ~l://frwebgate4.access.gpo.gov/cgi_bin/TEXTgate.cgi?WAI SdoclD=610624487265+ 1 + l+0&WAISaction... 5/29/2009 Page 6 of 11 Iwer-house, road paver, scoop, carry all (scraper in tandem), shovel, sideboom tractor, sideboom tractor (used ~ tank work), stone spreader (self-propelled), tank work, Iwer crane GROUP 2: Bulldozer, Backhoe, Boom Truck, Boring ichine/augur, Cherrypicker, Conveyor (multi), Dinky ~comotive, Forklift, Hoist (2 drum), Loading Machine, ~ading Machine (front end), Mechanical Compactor (machine i'awn), Mulch Machine (machine- fed), Power Winch (other .an stone/structural steel), Power Winch (truck ,unted/other than stone steel), Pump Hydraulic (with boring machine), Roller (asphalt), Scoop (carry-all, I raper), Tower Crane (maintenance man), Trenching Machine, rmeer Cutter, Work Boat GROUP 3: Curb Machine (asphalt or concrete), Maintenance lgineer (small equipment), Maintenance engineer ell-point) Mechanic (fieldman), Micro-Trap (self contained, negative air machine), Milling Machine (small), ilvi-mixer, Pump (4 inches or over), Pump Hydraulic, Pump t, Pump Submersible, Pump (well point), Roller Dirt, c-All, Welding and burning, Compressor (structural steel), Compressor (2 or more battery), Concrete Finishing ~chine, Concrete Spreader, Conveyor, Curing Machine, treman, Hoist (one drum), Ridge Cutter, Striping Machine, Welding Machine (pile work), Welding Machine (structural  eel). %~OUP 4: Compressor, Compressor on crane, Compressor (pile work), Compressor (stone setting), Concrete Breaker, l. ncrete Saw or Cutter, Fork Lift (walk behind, power ~erated), Generator- Pile Work, Generator, Hydra Hammer, chanical Compoactors (hand operated), Oiler (truck crane), Pin Puller, Portable Heaters, Powerbroom, Power Iggies, Grinders, Pump (double diaphragm), Power action mp gypsum, Pump (single action 1 to 3 inches), Trench Machine hand, Welding Machine IOUP 5: Batching Plant (on site of job), Generator (small), inder, Mixer (with skip), Mixer (2 small with or without skip), Mixer (2 bag or over, with or without skip), Mulch Ichine, Oiler, Pump (centrifugal, up to 3 inches), Root tter, Stump Chipper, Tower Crane (oiler), Track Tamper (2 engineers, each), Tractor (caterpillar or wheel), Vibrator, i rk boat (deckhand), iR P 6: Well drillers IIN0046-003 07/01/2007 Rates [~WORKER METALLIC LATHERS ............ $ 43.80 Fringes 30.37 IIN0197-001 01/01/2009 Rates [~WORKER STONE DERRICKMAN ............ $ 40.50 Fringes 36.82 ]l//frwebgate4.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdoclD=610624487265+ 1 + 1 +0&WAISaction... 5/29/2009 IIN0361-001 07/01/2008 Rates [RIWORKER (STRUCTURAL) .......... $ 39.65 Fringes 49.81 Page 7 of 11 IiN0580-001 01/01/2009 Rates Fringes LABO0066-001 07/01/2008 ½UIDING Rates Fringes Laborers .................... $ 28.75 23.15 ............ ....... L~O0078-001 12/01/2006 Rates Fringes ~SBESTOS WORKER/HEAT & FROST ZN~LATOR BUILDING CONSTRUCTION ASBESTOS (Removal, Abatement, Encapsulation or Decontamination of asbestos); LEAD; & HAZARDOUS WASTE LABORERS (Hazardous Waste, Hazardous Materials, Biochemical and Mold Remediation, HVAC, Duct Cleaning, Re-spray Fireproofing, etc ......... $ 27.00 9.81 LABO1298-001 06/01/2008 {EI[Y & HIGHWAY i Rates Fringes La rers: Asphalt Rakers; Formsetters.$ 32.71 21.38+A I Asphalt Shovelers, Roller Boys & Tampers .............. $ 31.80 21.38+A Regular Laborers ............ $ 29.05 21.38+A ~.IOOTNOTES: Laborers working in a hazardous material hot zone shall l ~ceive an additional 20% premium. ~ere the contract provides for night work outside the i~gular hours of work, the employees shall be paid at raight time plus a 25% night work premium for the 8 hours ~rked during the night. al//frwebgate4.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdoclD=610624487265+ 1 + 1 +0&WAISaction... 5/29/2009 Irewatch work performed after regular hours shall be paid an additional 10% premium. Second and Third Shift work will i paid at a 10% premium. intractor requesting laborers certified for hazardous material work and/or employed on hazardous material shall I required to pay an additional 10% premium. P~-~N0009-002 05/01/2008 I Rates Fringes ~ainters: I GLAZIERS .................... $ 38.00 29.59 Painters, Drywall Finishers.$ 34.50 19.84 Spray, Scaffold, Sandblasting ................ $ 37.50 19.84 ======================= ........................................ Rates Fringes ?al~ters: Stuctural Steel and Bridge..$ 45.25 27.58 ........................................ Rates Fringes Palters: DRYWALL TAPERS/POINTERS ..... $ 39.82 20.19 ........................................ Rates Fringes E~TERER ........................ $ 27.91 15.16 PIS0780-001 07/01/2007 Rates Fringes * PLUM0200-001 05/01/2009 Rates Fringes PLUMBER I BUILDING CONSTRUCTION: ...... $ 49.73 22.30 RESIDENTIAL CONSTRUCTION:...$ 28.07 8.40 J M0638-001 07/05/2006 Rates Fringes PI~BER SERVICE FITTERS ............. $ 26.30 2.55 SPRINKLER FITTERS, STEAMFITTERS ................ $ 43.82 32.72 I~rvice Fitter work shall consist of all repair, service and maintenance work on domestic, commercial and industrial ht~.//frwebgate4.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAl Sdocl D=610624487265+ 1 + 1 +0&WAlSaction... Page 8 ofll 5/29/2009 I!frigeration, air conditioning and air cooling, stoker and oil burner apparatus and heating apparatus etc., including inot exclusively the charging, evacuation, leak testing assembling for all machines for domestic, commercial industrial refrigeration, air conditioning and heating apparatus. Also, work shall include adjusting, including a~pacity adjustments, checking and repairing or replacement all controls and start up of all machines and repairing 1 defects that may develop on any system for domestic, immercial and industrial refrigeration and all air nditioning, air cooling, stoker and oil burner apparatus d heating apparatus regardless of size or type. RIFF0154-001 10/01/2007 Rates Fringes {oldER, Including Buiit Up, ~osition and Single Ply {oofs ............................ $ 36.50 23.78 Rates Fringes ~hit metal worker ............... $ 45.40 36.51 T~0282-002 07/01/2008 Rates Fringes ~r~k drivers: Asphalt ..................... $ 35.40 Euclids & turnapulls ........ $ 35.50 High Rise ................... $ 41.81 ?OI~NOTES: 29.2025+a+b 29.2025+a+b 27.1025+a+b IPAID HOLIDAYS: New Year's Day, Presidents' Day, Memorial y, Independence Day, Labor Day, Columbus Day, Election y, Veterans' Day (Armistice Day), Thanksgiving Day and Christmas Day. Employees working two (2) days in the Ilendar week in which a holiday falls are to be paid for [ch holiday, provided that they shape each remaining workday during such calendar week. IVACATION: For each 15 days worked with the contract year employee will receive one day vacation with pay, maximum vacation of 3 weeks per year. In addition, an employee who I~alifies for two weeks (10 days) vacation or more with pay ~d who has been continuously employed by his employer for SlX years before the close of any contract year, shall be i~titled to one extra day vacation; seven years before the ose of any contract year, shall be entitled to two extra ys vacation; eight years before the close of any contract year, shall be entitled to three extra day vacation; nine !~ars before the close of any contract year, shall be ~titled to four extra day vaction; ten years before the ose of any contract year or over shall be entitled to three weeks paid vacation with pay, but in no event shall l y employee be entitled to more than three weeks vacation y per year. Page 9 ofll ~I//frwebgate4.access.gpo.gov/cgi-biWTEXTgate.cgi?WAISdoclD=610624487265+ 1 + 1 +0&WAISaction... 5/29/2009 Page 10ofll ! ~ELDERS - Receive rate prescribed for craft performing Jnlisted classifications needed for work not included within i2cscope of the classifications listed may be added after 'd only as provided in the labor standards contract clauses ~FR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates Ii. ed under the identifier do not reflect collectively ~a~ained wage and fringe benefit rates. Other designations [n~cate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS [.~Has there been an initial decision in the matter? This can De: I~n existing published wage determination a survey underlying a wage determination ~ ~ Wage and Hour Division letter setting forth a position on wage determination matter conformance (additional classification and rate) ruling )~urvey related matters, initial contact, including requests f~summarles of surveys, should be with the Wage and Hour ~eg~onal Office for the area in which the survey was conducted because those Regional Offices have responsibility for the s-Bacon survey program. If the response from this initial ~act is not satisfactory, then the process described in 2.) ~nd 3.) should be followed. ~8 regard to any other matter not yet ripe for the formal Die,tess described here, initial contact should be with the 9ranch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 tlf the answer to the question in 1.) is yes, then an !rested party (those affected by the action) can request uev~ew and reconsideration from the Wage and Hour Administrator (S~e 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor I 200 Constitution Avenue, N.W. Washington, DC 20210 rhe request should be accompanied by a full statement of the l~rested party's position a~d by any information (wage ~ent data, project description, area practice material, stc.) that the requestor considers relevant to the issue. ht~.//frwebgate4.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdoclD=610624487265+1 + 1 +0&WAISaction... 5/29/2009 Page 11 of 11 ~.WIf the decision of the Administrator is not favorable, an [n~rested party may appeal directly to the Administrative le ew Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 t.iAll decisions by the Administrative Review Board are final. I ND OF GENERAL DECISION ht//frwebg,ate4.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAI SdoclD=610624487265+ 1 + 1 +0&WAI Saction... 5/29/2009 I I I i I I I I I I I I I I I I I I I STATE WAGE RATES I I I I I I I I I I I I I I I I I I I SPECIAL NOTE NEW YORK STATE DEPARTMENT OF LABOR PREVAILING WAGE RATES Wage rate amendments and supplements are available on the NYSDOL web site at: WWW.LABOR.STATE.NY.US All changes or clarification of labor classifications and applicability of prevailing wage rates shall be obtained in writing from the Office of the Director, NYSDOL Bureau of Public Work. The NYSDOL prevailing wage rate schedule for this contract has been determined and is available on the intemet. The prevailing wage rate schedule is accessed by visiting the NYSDOL web site, navigating to the appropriate web page, and entering the Prevailing Rate Case No. (PRC#). The PRC# is provided on the following page on NYSDOL Form PW-200. 1/06 qYSDOL - Prevailing Wages (View PRC) Page 1 of 1 IDa~'id A.fialer~o. Url~mployment Career ,enefits Services New York State Department of Labor Prevailing Wage H. Parrlcia smith Commissioner Business Workforce NY Workforce & Worker Forms and Home Services Partners Industry Data Protection Publications Orioinal Waoe Schedule · Submit Notice Of Award · Submit Notice Of Project Completion IpC#: 2009005039 e of Contracting Agency: Town Acceptance Status: Accepted Article 8 tracting Agency Send Reply To Town of Southold lomas Doherty rt M, anager her s Island Ferry District P.O. Box H her's Island NY 06390 1) 788-7463 31) 788- 5523 Fax mgrfiferry@fishersisland.net Patrick Hludzenski Project Engineer C&S Companies 499 Col. Eileen Collins Blvd. Syracuse NY 13212 (315) 455 -2000 Ext: 4145 (315) 455-9667 Fax phludze nski@cscos.com Project Title Description of Work Contract Id No. Project Locations(s) Route No I Street Address Village I City Town State / Zip Nature of Project Approximate Bid Date Checked Occupation(s) Runway Crack Repair & Sealing This project will consist of crack sealing and select repairs with polymer modified asphalt concrete on Runways 12-30 & 7-25. Remarking both runways over existing markings will follow crack sealing and repairs. 0913.16 Elizabeth Field P.O. Box H Fishers Island NY 06390 Heavy and Highway Construction (New and Repair) 06/2612009 Construction (Building, Heavy & Highway, Sewer, Water, Tunnel) ble Counties I I I I I ~I//wpp.labor.state.ny.us/wpp/publicViewProj ect.do?method=showlt&id=407442 5/29/2009 David A. Palerson, Governor Town of Southold Schedule Year Patdck Hludzenski, Project Engineer Date Requested C&S Companies PRC# 499 Col. Eileen Collins Blvd. Syracuse NY 13212 M. Patricia Smith, Commissioner 2008 through 2009 05/29/2009 2009005039 Location Project ID# Project Type Elizabeth Field 0913,16 This project will consist of crack sealing and select repairs with polymer modified asphatt concrete on Runways 12-30 & 7-25. Remarking both runways over existing markings will follow crack sealing I I I I I I I PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2008 through June 2009. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and/or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION I CANCELLATION OF PROJECT ! ! Date Completed: Name & Title of Representative: Date Cancelled: Phone: (518)457-5589 Fax: (518)485-1870 W. Avereil Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor.state.ny.us. PW 200 PWAsk(~labor.state.ny.us General Provisions of Laws Covering Workers on Article 8 Public Work Contracts Introduction The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in the locality where the work is performed. Responsibilities of the Department of Jurisdiction A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporation; a public benefit corporation; and a public authority awarding a public work contract. The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing Rate Schedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project. This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW 39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish the following information to the Bureau: the name and address of the contractor, the date the contract was let and the approximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of the Department's "Notice of Contract Award" form (PW 16) is provided with the original Prevailing Rate Schedule. The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation of any public work project. The Department's PW 200 form is provided for that purpose. Hours No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any public work project shall be permitted to work more than eight hours in any day or more than five days in any week, except in cases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply to the Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particular public work project. Wages and Supplements The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public work project shall be not less than those listed in the current Prevailing Rate Schedule for the locality where the work is performed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, the contractor must notify the Department of Jurisdiction (Contracting Agency) who in rum must request an original Prevailing Rate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work, State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) 485-1870; or electronically at the NYSDOL website www.labor.state.ny.us. Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is REQUIRED to provide complete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules to each subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the original schedule expired, the contractor may obtain a copy of the new annua~ determination from the NYSDOL website www.labor, state.ny.us. The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect from July 1st through June 30th of the following year. The annual determination is available on the NYSDOL website www.labor, state.ny.us. Payrolls and Payroll Records Every contractor and subcontractor MUST keep original payrolls or transcripts as subscribed and affirmed true under penalty of perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At a minimum, payrolls must show the following information for each person employed on a public work project: Name, Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provide, and Daily and weekly number of hours worked in each classification. Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty of perjury. The Department of Jurisdiction (Contracting Agency) shall receive and maintain such payrolls. n addition, the Commissioner of Labor may requ re contractors to furnish, with ten (10) days of a request, payroll records sworn to as their validity and accuracy for pub c work and private work. Payroll records include, by are not limited to time cards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure to provide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of the contract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New York State and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the project worksite. The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor. All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedule specified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedules by a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law. Al subcontractors engaged by a pub c work project contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall prov de to such contractor a verified statement attesting that the subcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages and supplements specified therein. (See NYS Labor Laws, Article 8. Section 220-a). Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties The wages and supplements contained in the annual determination become effective July 1st whether or not the new determination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the public work contractor to use the proper rates. If there is a question on the proper classification to be used, please call the district office located nearest the project. Any errom in the annual determination will be corrected and posted to the NYSDOL website on the first business day of each month. Contractors are responsible for paying these updated rates as well, retroactive to July 1st. When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Department posts rates in its possession that cover pedods of time beyond the July 1st to June 30th time frame covered by a particular annual determination. Rates that extend beyond that instant time period are informational ONLY and may be updated in future annual determinations that actually cover the then appropriate July 1st to June 30th time period. Withholding of Payments When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to 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 pub c work contract shall be withheld from the pdme contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a final determination. When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite preva Ing wages or supplements, the Bureau is authorized by Sections 220-b of the Labor Law to so notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract. Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau as suffic ent to sat sty the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues unt there is a final determination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding is instituted for review of the determination of the Commissioner of Labor. The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of the court with respect to the release of the funds so withheld. Summary of Notice Posting Requirements The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public work ro'ect. The prevailing wage schedu e must be encased in or constructed of, materials capable of withstanding adverse ~e~ther conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (.2) inches. Every employer providing workers compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers. Compensation Board in a conspicuous place on the jobsite. Every employer subject to the NYS Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers, notices furnished by the State Division of Human Rights. Employers liable for contributions under the Unemployment insurance Law must conspicuously post on the jobsite notices furnished by the NYS Department of Labor. I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I Apprentices Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYS Commissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greater than the statewide buirding trade ratios promulgated by the Department of Labor and incruded with the Prevailing Rate Schedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outside the classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate for the classification of work the employee is actually performing. NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYS Department of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency of office registers apprentices in New York State. Persons wishing to verity the apprentice registration of any person must do so in wdfing by mail, to the NYSDOL Office of Employability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY 12240 or by Fax to NYSDOL Apprenticeship Training (518) 457-7154. All requests for verification must include the name and social security number of the person for whom the information is requested. The only conclusive proof of individual apprentice registration is written verification from the NYSDOL Apprenticeship Training Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provide conclusive registration information. It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person is registered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies of state forms is not conclusive proof of the registration of any person as an apprentice. Interest and Penalties In the event that an underpayment of wages and/or supplements is found: Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant to section 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made. A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due. Debarment Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with any state, municipal corporation or public body for a period of five (5) years when: Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successor within any consecutive six (6) year period. There is any willful determination that involves the falsification of payroll records or the kickback of wages or supplements. Criminal Sanctions Willful violations of the Prevailing Wage Law (Article 8 and Article 9 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. Discrimination No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or madtal status. No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates (NYS Labor Law, Article 8, Section 220-e(a)). No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220- e(b) ). The Human Rights Law also prohibits discrimination in employment because of age, madtal status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for each calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract (NYS Labor Law, Article 8, Section 220~e(c) ). The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract (NYS Labor Law, Article 8, Section 220-e(d) ). Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places of employment, or employment training centers notices furnished by the State Division of Human Rights. Workers' Compensation In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of the contract for the benefit of such employees as required by the provisions of the New York State Workers' Compensation Law. A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to being allowed to begin work. The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New York State. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a company authorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of the information page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained a workers' compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage in the format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite notices furnished by the New York State Department of Labor. I I I I I ! I I I I I I I I i I I I David A. Paterson, Governor I Town of Southold Schedule Year Patrick Hludzenski, Project Engineer Date Requested I C&S Companies PRC# 499 Col. Eileen Collins Blvd. Syracuse NY 13212 M, Patricia Smith, Commissioner 2008 through 2009 05/29/2009 2009005039 I I I I I I Location Project ID# Project Type Elizabeth Field 0913.16 This project will consist of crack sealing and select repairs with polymer modified asphalt concrete on Runways 12-30 & 7-25. Remarking both runways over existing markings will follow crack sealing Notice of Contract Award New York State Labor Law, Article 8, Section 220.3a requires that certain information regarding the awarding of public work contracts, be furnished to the Commissioner of Labor. One "Notice of Contract Award" (PW 16, which may be photocopied), MUST be completed for EACH prime contractor on the above referenced project. Upon notifying the successful bidder(s) of this contract, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. Contractor Information All information must be supplied I I I I I I Federal Employer Identification Number: Name: Address: City: Amount of Contract: Approximate Starting Date: Approximate Completion Date: State: Zip: Contract Type: [ ] (01) General Construction / ! [ ] (02) HeatingNentilation [ ] (03) Electrical / / { ] (04) Plumbing [ ] (05) Other : Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor.state.ny.us. PW 16 PWAsk@labor.state.ny.us I I I I I ! I I I. I I I I I I I ! I IMPORTANT NOTIC FOR CONTRACTORS & CONTRACTING AGENCIES Social Security Numbers on Certified Payrolls The Department of Labor is cognizant of the concerns of the potential for misuse or inadvertent disclosure of social security numbers. Identity theft is a growing problem and we are sympathetic to contractors' concerns with regard to inclusion of this information on payrolls if another identifier will suffice. For these reasons, the substitution of the use of the last four digits of the social security number on certified payrolls submitted to contracting agencies on public work projects is now acceptable to the Department of Labor. NOTE: This change does not affect the Department's ability to request and receive the entire social security number from employers during the course of its public work / prevailing wage investigations. To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND Budget Policy & Reporting Manual B-610 Public Work Enforcement Fund effective date December 7, 2005 1. Purpose and Scope: This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and its relevance to State agencies and public benefit corporations engaged in construction or reconstruction contracts, and announces the recently-enacted increase to the percentage of the dollar value of such contracts that must be deposited into the Fund. This item also describes the roles of the following entities with respect to the Fund: New York State Department of Labor (DOL), The Office of the State of Comptroller (OSC), and State agencies and public benefit corporations. 2. Background and Statutory References: DOL uses the Fund to enforce the State's Labor Law as it relates to contracts for construction or reconstruction as defined in subdivision two of Section 220 of the Labor Law. State agencies and public benefit corporations participating in such contracts are required to make payments to the Fund. Chapter 511 of the Laws of 1995 (as amended by Chapter 513 of the Laws of 1997, Chapter 655 of the Laws of 1999, Chapter 376 of the Laws of 2003 and Chapter 407 of the Laws of 2005) established the Fund. 3. Procedures and Agency Responsibilities: The Fund is supported by transfers and deposits based on the value of contracts for construction and reconstruction, as defined in subdivision two of Section 220 of the Labor Law, into which all State agencies and public benefit corporations enter. Chapter 407 of the Laws of 2005 increased the amount required to be provided to this fund to. 10 of one-percent of the total cost of each such contract, to be calculated at the time agencies or public benefit corporations enter into a new contract or if a contract is amended. The provisions of this bill became effective August 2, 2005. I I I I I I I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND OSC will report to DOL on all construction-related ("D") contracts approved during the month, including contract amendments, and then DOL will bill agencies the appropriate assessment monthly. An agency may then make a determination if any of the billed contracts are exempt and so note on the bill submitted back to DOL. For any instance where an agency is unsure if a contract is or is not exempt, they can call the Bureau of Public Work at the number noted below for a determination. Payment by check or journal voucher is due to DOL within thirty days from the date of the billing. DOL will verify the amounts and forward them to OSC for processing. For those contracts which are not approved or administered by the Comptroller, monthly reports and payments for deposit into the Public Work Enforcement Fund must be provided to the Administrative Finance Bureau at the DOL within 30 days of the end of each month or on a payment schedule mutually agreed upon with DOL. Reports should contain the following information: Name and billing address of State agency or public benefit corporation; State agency or public benefit corporation contact and phone number; Name and address of contractor receiving the award; Contract number and effective dates; Contract amount and PWEF assessment charge (if contract amount has been amended, reflect increase or decrease to original contract and the adjustment in the PWEF charge); and Brief description of the work to be performed under each contract. Checks and Journal Vouchers, payable to the "New York State Department of Labor" should be sent to: Department of Labor Administrative Finance Bureau-PWEF Unit Building 12, Room 464 State Office Campus Albany, NY 12240 Any questions regarding billing should be directed to NYSDOL's Administrative Finance Bureau-PWEF Unit at (518) 457-3624 and any questions regarding Public Work Contracts should be directed to the Bureau of Public Work at (518) 457-5589. NEW LEGISLATION Effective February 24, 2008 WORKER NOTIFICATION - A9052 - S6240 This provision is an addition to the existing prevailing wage rate law, Labor Law §220, paragraph a of subdivision 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from our website www. labor, state, ncus or made available upon request by contacting the Bureau of Public Work at 518-457-5589. * In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice. I I I I I I I I I' I I I I I I I I I I I I I I I ! I THIS IS A Chapter 629 of the Labor Laws of 2007 Contractor Name: Project Location: PUBLIC WORK PROJECT Any worker, laborer, or mechanic employed on this project is entitled to receive the prevailing wage and supplements rate for the classification at which he/she is working. These wages are set by law and must be posted at the work site, They can also be found at www. labor, state, n¥.us If you feel that you have not received proper wages or benefits, please call our nearest office. * Albany Binghamton Buffalo Garden City New York City (518) 457-2744 (607) 721-8005 (716) 847-7159 (516) 228-3915 (212) 775-3568 Newburgh Patchogue Rochester Syracuse Utica White Plains (845) 568-5398 (631) 687-4886 (585) 258-4505 (315) 428-4056 (315) 793-2314 (914) 997-9507 * For New York City government agency construction projects, please contact the Office of the NYC Comptroller at (212) 669-4443, www. comptroller, nyc.gov - click on Bureau of Labor Law. I I STATE OF NEW YORK David A. Paterson, Governor DEPARTMENT OF LABOR M. Patricia Smith, Commissioner NEW LEGISLATION Effective July 18, 2008 OSHA 10-hour Construction Safety and Health Course- S1537-A This provision is an addition to the existing prevailing wage rate law, Labor Law §220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement. NOTE: The OSHA 10 Legislation does not apply to projects advertised for bid prior to duly 18, 2008 AND only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage. Rules and regulations will be promulgated and posted on the NYSDOL website www.labor.state.n¥.us when finalized. Page l of 2 I Where to find OSHA lO-hour Construction Course 1. NYS Department of Labor website for scheduled outreach training at: www.labo.r.state.ny.us/workerprotection/safetyhealth/DOSH ONS1TE CONSULTATION.shtm 2. OSHA Training Institute Education Centers: Rochester Institute of Technology OSHA Education Center Rochester, NY Donna Winter Fax (585) 475-6292 e-mail: dlwtpo~rit.edu (866) 385-7470 Ext. 2919 www.nt.edu/-out~ each/cou 'se.php3 ?Cot selD=54 Atlantic OSHA Training Center UMDNJ - School of Public Health Piscataway, NJ Janet Crooks Fax (732) 235-9460 e-mail: crooksi e(&,,umdni .edu (732) 235-9455 https://ophp.umdni.edu/wconnect/S howSchcdule.awp?--GROUP-AOTCON~ 10- Keene State College Manchester, NH Leslie Singleton e-mail: lsin~letin¢~kcene.cdu (800) 449-6742 www.keene.edu/courses/printJcourses osha.cfm 3. List of trainers and training schedules for OSHA outreach training at: www. OutreachTrainers.org Page 2 of 2 I I I I I I I I I I I I I I I I I I I I I I I I I I I i I Requirements for OSHA 10 Compliance Chapter 282 of the Laws of 2007, codified as Labor Law 220-h will take effect on July 18, 2008. The statute provides as follows: The advertised specifications for every contract for public work of $250,000.00 or more must contain a provision requiring that every worker employed in the performance of a public work contract shall be certified as having completed an OSHA 10 safety training course. The clear intent of this provision is to require that all employees of public work contractors receive such training "prior to the performing any work on the project." The Bureau will enforce the statute as follows: All contractors and sub contractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed. Proof of completion may include but is not limited to: · copies of bona fide course completion card; · training roster, attendance record of other documentation from the certified trainer pending the issuance of the card. · other valid proof **A certification by the employer attesting that all employees have completed such course is not sufficient proof that the course has been completed. Any questions regarding this statute may be directed to the New York State Department of Labor, Bureau of Public Work at 518-485-5696. Page 1 of 1 IMPORTANT INFORMATION Regarding Use of Form PW30R "Employer Registration for Use of 4 Day ! 10 Hour Work Schedule" To use the '4 Day / 10 Hour Work Schedule': There MUST be a Dispensation of Hours (PW30) in place on the project AND You MUST register your intent to work 4 / 10 hour days, by completing the PW30R Form. REMEMBER... The '4 Day / 10 Hour Work Schedule' applies ONLY to Job Classifications and Counties listed on the PW30R Form. (Please note: For each Job Classification check the individual wage schedule for specific details regarding their 4/10 hour day posting.) I I I I I I I I I I i I I I ! I PW3OR-Notice NYSDOL Bureau of Public Work 1 ofl I I I I I I I I I Instructions for Completing Form PW30R "Employer Registration for Use of 4 Day/10 Hour Work Schedule" Before completing Form PW30R check to be sure ... · There is a Dispensation of Hours in place on the project. · The 4 Day / 10 Hour Work Schedule applies to the Job Classifications you will be using. · The 4 Day / 10 Hour Work Schedule applies to the County / Counties where the work will take place. Instructions (Type or Print legibly): I I I I I I I ! I I I Contractor information: · Enter the Legal Name of the business, FEIN, Street Address, City, State, Zip Code; the Company's Phone and Fax numbers; and the Company's email address (if applicable) · Enter the Name of a Contact Person for the Company along with their Phone and Fax numbers, and the personal email address (if applicable) Project Information: · Enter the Prevailing Rate Case number (PRC#) assigned to this project · Enter the Project Name / Type (i.e. Smithtown CSD - Replacement of HS Roof) · Enter the Exact Location of Project (i.e. Smithtown HS, 143 County Route ~2, Smithtown,NY; Bldgs. I & 2) · If you are a Subcontractor, enter the name of the Prime Contractor for which you work On the Checklist of Job Classifications - o Go to pages 2 and 3 of the form o Place a checkmark in the box to the right of the Job Classification you are choosing o Mark all Job Classifications that apply Requestor Information: · Enter the name of the person submitting the registration, their title with the company, and the date the registration is filled out Return Completed Form: · Mail the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work, SOBC - Btdg.:[2 - Rm.130, Albany, NY :[2240 -OR- · Fax the completed PW30R form (3 pages) to: NYSDOL Bureau of Public Work at (518)485-1870 PW30R-Instructions NYSDOL Bureau of Public Work lofl New York State Department of Labor Bureau of Public Work W. Averell Harriman State Office Campus Building 12 - Room 130 Albany, New York 12240 Phone - (518) 457-5589 Fax - (518) 485-1870 Employer Registration for Use of 4 Day / 10 Hour Work Schedule I I I I Company Name: Address: Please Type or Print FEIN: I I City: State: Zip Code: Phone Number Fax Number: Email Address: Contact Person: I I Phone No: Fax No: Email: Project PRC#: Exact Location of Project: Project Name/Type: (if you are Subcontractor) Prime Contractor Name: County: Job Classification(s) to Work 4/10 Schedule: (Choose all that apply on Job C/ossification Checklist- Paqes 2 & 3) r REMEMBER . . . I I I I I The 4 Day / 10 Hour Work Schedule may only be used with specific Job Classifications, in specific Counties of New York State. For each Job Classification check the individual wage schedule for specific details regarding their 4/10 hour day posting Name: I I I Title: PW-30R (03-09) Date: I of 3 I I I I Job Classification Checklist (Place a checkmark by all classifications that will be usin§ the 4/10 schedule) i I Electrician 2Sm Nassau, Suffolk Chenango, Cortland, Herkimer, Madison, Oneida, Electrician 43 3nondaga, Oswego, Otsego, Tompkins, Wayne Electrician 840Teledata ~ayuga, OnOndaga, Ontario, Seneca, Wayne, Yates 3enesee, Livingston, Monroe, Ontario, Orleans, Wayne, :_lectrician 86 ~Vyoming :lectrician Lineman 1049Line/Gas ~lassau, SuffOlk ~,lbany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Electrician Lineman 1249a Ulster, Warren, Washington, Wayne, Wyoming, Yates Columbia, Delaware; Dutchess, Greene~ Orange, Putnam, Elevator Constructor 138 Rockland, Sullivan Ulster, Westchester Allega ny, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Elevator Constructor 14 Orleans, Wyoming Chemung~ Livingston, MOnroe, Ontario, Schuyler, Seneca, Elevator Constructor 27 Steuben, Wayne~ Yates Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamiliton, Herkimer, Montgomery, Oneida, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, Elevator Constructor 35 Washington Broome, Cayuga, Chenango, Cortland, Delaware, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, Elevator Constructor 62.1 Tioga, Tompkins Jefferson, Lewis, Livingston, Monroe, Ontario, Seneca, St. Glazier 677.1 Lawrence, Wayne, Yates I~roOme, CaYuga~ chemung, Chenango, Cortland~ Herkimer, Jefferson, LeWis, MadisOn, Oneida, Onondaga, Oswego, Insulator-Heat&Frost 30-Syracuse Otsego, Schuyler, Seneca, St. Lawrence, Tioga, Tompkins I I I I I I I PW-30R NYSDOL Bureau of Public Work 2of3 Job Classification Checklist (Place a checkmark by all classifications that will be usin§ the 4/10 schedule) Allegany, Chemung, Genesee, Livingston, MOnroe, Operating Engineer - Heavy& Highway 832H Ontario, Schuyler, Steuben, Wayne, Yates Broome, Chenango, TiOga ~ainter 178 B ~ainter 178 E :hemung, Schuyler, Steuben Painter 178 0 :)elaware, Otsego :ayuga, Herkimer, Lewis, Madison, Oneida, Onondaga, Painter 31 Ontario, Oswego, Seneca P~i'nt~ 38.0 Oswego 4-Buf, Nia, Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Painter Olean Livingston, Niagara, Orleans, Steuben, Wyoming Painter 4-Jamestown Cattaraugus, Chautauqua Sheetmetal Worker 46 Livingston, Monroe, Ontario, Seneca, Wayne, Yates Teamster ~ Bldg. 693 Broome, Chenango, Delaware, Otsego, Tioga Teamster - BldgJHeavy&Highway 445B/HH Dutchess, Orange, Rockland, Sullivan, Ulster AIba ny, Columb a, Fu ton, Greene~ Mootgome~j; ~ : Rensselaer, Saratoga, ScheneCtady, Sch~i~atie; Warre~; Teamster - Heavy&Highway 294h/h Washington Allegany, Cayuga, Cortland, Seneca, Steuben, Tompkins, Teamster - Heavy&Highway 317a.hh Wayne, Yates TeamSter - HeaVy&Highway 693.H/H Broome, Chenango, Delaware, Otsego, Ti0g~ ; I I I I I I ! I I PW-30R (03-09) NYSOOL Bureau of Public Work 3of3 I I I I I I i I I PrevailingWageRatesfor0710112008-0613012009 Last Published on May 01 2009 Published by the New York Stale Department of Labor PRC Number 2009005039 I Introduction to the Prevailing Rate Schedule Information About Prevailing Rate Schedule I This information is provided ta assist you in the interpretation of parficular requirements for each classification of worker contained in the attached Schedule of Prevailing Rates. Classification I It is the duty of the Commissioner of Labor to make the proper classification workers taking into account whether the heavy and of work is highway, building, sewer and water, tunnel work, or residential, and to make a determination of wages and supplements to be paid or provided. It is the responsibilit}?f the public work contractor to use the [~roper rate. If there is a question on the proper classification to be used, please call the distdct omce located nearest the project. District omce locations and phone numbers are listed below. I Prevailing Schedules are issued separately for "General Construction Projects" and "Residential Construction Projects" on a county- Wage by-county bas~s. General Construction Rates apply to projects such as: Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates. I Residential Construction Rates generally apply to construction, reconstruction, repair, alteration, or demolition of one family, two family, row housing, or rental type units intended for residential use. Some rates listed in the Residential Construction Rate Schedule have a very limited applicability listed along with the rate. Rates for occupations or locations not shown on the residential schedule must be obtained from the General Construction Rate Schedule. Please I contact the local Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required criteria. Paid Holidays Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to pen~orm work. If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually I performed. Overtime I At a minimum all work performed on a public work project in excess of eight hours in any one day or more than five days in any workweek is overtime. However, the specific overtime requirements for each trade or occupation on a public work pro ecl may differ. Specific overtime requirements for each trade or occupation are contained in the prevailing rate schedules. Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee I actually performs work on such holidays. The applicable holida~/s are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY sec0on listings for each classification. I Supplemental Benefits Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (including i 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 i When you review the schedule for a .particular occu.pation your attention should be directed to the dates above the column of rates. These are the dates for which a given set eT rates is effective. The rate listed is valid until the next effective rate change or until the new annual determination which takes effect on July I of each year. All contractors and subcontractors are required to ~.ay the current prevailing rates of wages and supplements. If you have any questions please contact the Bureau of Public Work or visit the New York State Department of Labor website (www.labor.state.ny.us) for current wage rate information. IApprentice Training Ratios The following are the allowable ratios of registered Apprentices to Journey-workers. i For example, the ratio 1:1,1:3 indicates the allowable initial ratio is one Apprentice to one Journeyworker. The Joumeyworker must be in place on the pro ecl before an Apprentice is allowed. Then three additiona/Joumeyworkers are needed before a second Apprentice is allowed. The last ratio repeats indefinitely. Therefore, three more Joumeyworkers must be present before a third Apprentice can be hired, and so on. I I I I Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions. Title (Trade) Ratio Boilermaker 1:1,1:3 Mason 1:1,1:4 Carpenter 1:1,1:4 Electrical (Outside) Lineman 1:1,1:2 Electrician (Inside) 1:1,1:3 Page 23 · Published by the New York State Department of Labor · PRC Number 2009005039 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 Elevator/Escalator Construction & Modernizer 1:1,1:2 Glazier 1:1,1:3 Insulation & Asbestos Worker 1:1,1:4 Iron Worker 1:1,1:6 Laborer 1:1,1:3 Op Engineer 1:1,1:5 Painter 1:1,1:3 Plumber & Steamfitter 1:1,1:3 Roofer 1:1,1:2 Sheet Metal Worker 1:1,1:3 Sprinkler Fitter 1:1,1:2 If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU of PUBLIC WORK District Office or write to: New York State Department of Labor Bureau of Public Work State Office Campus, Bldg. 12 Albany, NY 12240 District Office Locations: Bureau of Public Work - Albany Bureau of Public Work - Binghamton Bureau of Public Work - Buffalo Bureau of Public Work - Garden City Bureau of Public Work - Newburgh Bureau of Public Work - New York City Bureau of Public Work - Patchogue Bureau of Public Work - Rochester Bureau of Public Work - Syracuse Bureau of Public Work - Utica Bureau of Public Work - White Plains Bureau of Public Work - Central Office Telephone # 518-457-2744 607-721-8005 716-847-7159 ' 516-228-3915 845-568-5287 212-775-3568 631-687-4883 585-258-4505 315-428-4O56 315-793-2314 914-997-9507 518-457-5589 FAX # 518-485-0240 607-721-8004 716-847-7650 516-794~3518 845-568-5332 212-775-3579 631-687-4904 585-258-4708 315-428-4671 315-793-2514 914-997-9523 518-485-1870 Page 24 i I I I I I I I i I ! I I I i ! I I Prevailing Wage Rates for 0710112008 - 06/30/2009 Last Published on May 01 2009 Published by the New York State Depadment of Labor PRC Number 2009005039 Suffolk County Suffolk County General Construction I AsbeStos Worker 0510112009 i JOB DESCRIPTION Asbestos Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES I Per hour: 07/01/2008 Abestos Worker Removal & Abatement Only* $28.00 I NOTE: *On Mechanical Systems that are NOT to be SCRAPPED. SUPPLEMENTAL BENEFITS i Abestos Worker Removal & Abatement Only $10.65 OVERTIME PAY See (B, B2, K) on OVERTIME PAGE I HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE NOTE: Easter Paid at Time and One-half IF worked I I I REGISTERED APPRENTICES Apprentice Removal & Abatement Only: 1000 hour terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 78% 80% 83% 89% Supplemental Benefits: (per Hour worked) Apprentice Removal & Abatement Only $10.65 DISTRICT 9 Boilermaker 9-12a - Removal Only 05/0112009 I I I I I I JOB DESCRIPTION Boilermaker DISTRICT 4 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Westchester WAGES Per Hour: 07/01/2008 01/01/2009 12/31/2008 06/30/2009 Boilermaker $ 44.98 $ 45.89 Repairs & Renovation SUPPLEMENTAL BENEFITS Per Hour: BoilerMaker Repairs & Renovation* $ 44.98 $ 45.89 07/01/2008 01/01/2009 12/31/2008 06/30/2009 48% of Houdy 48% of Hourly Wage Paid + Wage Paid + $ 8.09 $ 8.33 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay. *Same as Boilermaker (Includes replacement of parts and repairs & renovation of an existing unit). I I OVERTIME PAY See (D, O) on OVERTIME PAGE Page 25 · Published by the New York State Department of Labor · PRC Number 2009005039 Suffolk County Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 HOLIDAY Paid: See (8, 16, 23, 24) on HOLIDAY PAGE Overtime: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE NOTE: *Employee must work in pay week to receive Holiday Pay. **Bo[lermarker gets 4 times the hourly wage rate for working on Labor Day. ***Repairs & Renovafion see (B,E,Q) on HOLIDAY PAGE REGISTERED APPRENTICES (1/2) Year Terms at the following pecentage of Boilermaker's Wage 1st 2nd 3rd 4th 5th 6th 65% 65% 70% 75% 80% 85% 7th 90% Supplemental Benefits Per Hour: 07/01/2008 01/01/2009 12/31/2008 06/30/2009 Boilermaker ' 48% of Hourly 48% of Houdy Apprentice(s) Wage Paid + Wage Paid + $ 8.09 $ 8.33 Repairs & Renovation* Apprentice(s) $48% of Hourly Wage Paid + $ 8.09 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay. *includes replacement of pads and repairs & renovation of an existing unit. 8th 95% 4-5 I I I I I I I I I 0510112009 Carpenter JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Westchester PARTIAL COUNTIES Orange: South of but including the following, Waterloo Mills, SlateHilt, New Hampton, Goshen, Blooming Grove, Mountainville, east to the Hudson River. Putnam: South of but including the following, Cold Spring, TompkinsCorner, Mahopac, Croton Falls, east to Connecticut border. Suffolk: West of Pod Jefferson and Patchoque Road to Route 112 tothe Atlantic Ocean. WAGES Per hour: 07/01/2008 Core Drilling: Driller $ 29.56 Assistant Ddtler 24.59 Note: Hazardous Waste Pay Differential: For Level C, an additional 10% above wage rate per hour For Level B, an additional 10% above wage rate per hour For Level A, an addifiona110% above wage rate per hour Note: When required to work on water: an additional $ 0.50 per hour. SUPPLEMENTAL BENEFITS Per hour paid: Driller $10.36 Assistant 10.36 OVERTIME PAY OVERTIME: HOLIDAY See (B,E,K*,P,R**) on OVERTIME PAGE. Page 26 I I I I I I I I I I Prevailing Wage Rates for 0710112008 - 06~30~2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County IHOLIDAY: Paid: Overtime: ! ! See (5,6) on HOLIDAY PAGE. * See (5,6) on HOLIDAY PAGE. ** See (8,10,11,13) on HOLIDAY PAGE. Assistant: One (1) year increments at the following percentage of Assistant wages. This is not an apprenticeship for Driller. 1st Year 2nd Year 70% 80% 3rd Year 90% 4th Year 100% 9-1536-CoreDriller I CarPenter JOB DESCRIPTION Carpenter DISTRICT 9 05/01/2009 ENTIRE COUNTIES I Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per Hour: 07/01/2008 ITimberman $ 39.50 SUPPLEMENTAL BENEFITS Per hour paid: I Timberman $ 38.14 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE I HOLIDAY Paid: Paid: for 1st & 2nd yr. I Apprentices Overtime: REGISTERED APPRENTICES I Wages per hour: ( 1 ) year terms: 1st I 40% See (18,19) on HOLIDAY PAGE. See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. 2nd 3rd 4th 50% 655 80% I I Supplemental benefits per hour: Apprentices $ 25.14 9-1536 Carpenter 05/01/2009 I I I I I JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2008 Building Millwright SUPPLEMENTAL BENEFITS Per hour paid: Millwright OVERTIME PAY See (B, E, E2. Q) on OVERTIME PAGE $ 43.69 $ 42.35 Page 27 DISTRICT 9 · Published by the New York State Department of Labor · PRC Number 2009005039 Suffolk County Prevailin9 Wage Rates for 0710112008 - 06~30~2009 Last Published on May 01 2009 HOLIDAY Paid: See (18,19) on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices See (5,6,11,13,16,18,19,25) Overtime See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour: (1) year terms: 1st. 2nd. 3rd. 4th. $24.02 $28.39 $32.76 $41.50 Supplemental benefits per hour: (1) year terms: 1st. 2nd. 3rd. 4th. $25.32 $28.07 $31.82 $36.36 9-740.1 I I I I I I I 0510112009 Carpenter JOB DESCRIPTION Carpenter DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2008 Madne Construction; Marine Diver $ 54.63 M.D.Tender 39.18 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 38.14 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (18,19) on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices See (5,6,10,11,13,16,18,19) Overtime: See (5,6,10,11,13,16,18,19) on HOLIDAY PAGE. REGISTERED APPRENTICES Wager per hour: (1) year terms: 1st 2nd 3rd 4th $17.23 $21.54 $28.00 $34.46 Supplemental benefits per hour: Page 28 I I I I I I I I I I I I Prevailing Wage Rates for 07/01/2008 - 06180/2009 Last Published on May 01 2009 Published by the New York State Depadmen! of Labor PRC Number 2009005039 Suffolk County I Apprentices $25.11 9-1456MC Carpenter 0510'1/2009 IDESCRIPTION DISTRICT 9 JOB Carpenter ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester I WAGES Per hour: 07/01/2008 Carpel/Resilient IFloor Coverer $ 43.02 SUPPLEMENTAL BENEFITS Per hour paid: Floor Coverer $ 36.04 I I OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY IPaid: Paid: for 1st& 2nd yr. Apprentices I Overtime: See (18, 19)on HOLIDAY PAGE. See (5,6,11,13,16,18,19,25) See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES I W age per hour: (1) year terms: I 1st. $17.21 2nd. 3rd. 4th. $21,51 $27.96 $34.42 I I Supplementat benefits per hour: Apprentices $ 24.26 CarPehtet 9-2287 0510112009 I I I I I I JOB DESCRIPTION Carpenter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2008 Piledriver $ 43.08 Dockbuilder $ 43.08 SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 36.04 Page 29 DISTRICT 9 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 OVERTIME PAY See (B, E2, O) on OVERTIME PAGE HOLIDAY Paid: See (18,19)on HOLIDAY PAGE. Paid: for 1st & 2nd yr. Apprentices See {5,6,11,13,16,18,19,25) Overtime: See (5,6,11,13,16,18,19,25) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages per hour: (1)year terms: 1st. 2nd. 3rd. 4th. $17.23 $21.54 $28.00 $34.46 Supplemental benefits per hoar: Apprentices $ 23.10 Carpenter - Building I Heavy&Highway JOB DESCRIPTION Carpenter- Building / Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County Building Carpenter Heavy Highway Carpenter SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 $ 36.63 $ 36.63 07/01/2007 Both Carpenter Categories $ 30.62 OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (18, 19) on HOLIDAY PAGE Overtime: See (5, 6, 16, 23, 24, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the following pecentage of Journeymans Wage 1st 2nd 3rd 4th 40% 55% 65% 75% Supplemental Benefits Per Hour: All Apprentice Terms 07/01/2008 $17.07 9-1456 05/0112009 DISTRICT 4 Page 30 Electrician JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES DISTRICT 4 4-Reg.Council Nass/Suff 05101/2009 I I I I I I I I I I I I I I I I I I I I Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County I I I I Per Hour: 07/01/2008- 12/3112008 01/01/2009 Tree Trimmed Line Clearance Specialist SUPPLEMENTAL BENEFITS Per Hour: Tree Trimmed Line Clearance Specialist $ 25.57 07/01/2008- 12/31/2008 19.0% of Hourly Wage Paid + $ 5.33 $ 26.46 01/01/2009 20.5% of Houdy Wage Paid + $ 5.48 NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E, P) on OVERTIME PAGE I HOLIDAY Paid: See (5, 6, 8, 16, 23, 24, 25, 26) on HOLIDAY PAGE NOTE: Time and One Half the Hourly Rate plus Holiday Pay if Worked I El~C{rician 4-1049/Tree 05/0112009 I JOB DESCRIPTION Electrician ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Telephone & Intergrated Tele- Data Sytems Electrician 07/01/2008 $ 31.80 DISTRICT 4 "PLEASE NOTE" This rate classification applies to ALL Voice,Data & Video work.: Excluding Fire Alarm Systems and Energy Managment Systems (HVAC Controls), in those cases the regular Electrician rate applies. To ensure proper use of this rate please call the Garden City District Office at (516)228-3915. SUPPLEMENTAL BENEFITS Per Hour:. 07/01/2008 Electrician 47.5% of Hourly Wage Paid + $ 3.9O NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE 4-25tela IElectrician 05/01/2009 JOB DESCRIPTION Electrician iENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: I Electrcian Electrical Maintenance ! 07/01/2008 $ 34.90 Page 31 DISTRICT 4 · Published by the New York State Department of Labor · PRC Number 2009005039 Suffolk County Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 "PLEASE NOTE" Applicable to "EXISTING ELECTRICAL SYSTEMS" including, but not limited to TRAFFIC SIGNALS & STREET LIGHTING. Not used for addons. ** IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thursday, with one-half (1/2) hour allowed for a lunch period. NOTE - In order to use the '4 Day/10 Hour Work Schedule', you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule', form PW30R; additionally, there must be a dispensation of hours in place on the project. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Electrcian 35.5% of Houdy Wage Paid + $ 5.28 I I I I I NOTE: "Houdy Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (Bi E2, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Term(s) at the following Percentage of Journeyman(s) Wage: 1st Yr 2nd Yr 3rd Yr 4th Yr 5th Yr 40% 50% 60% 70% 80% Supplemental Benefits per hour Apprentice(s) 35.5% of Hourly Wage Paid + $ 5.28 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay I I I I I 4-25m I Electrician 05/01/2009 JOB DESCRIPTION Electrician DISTRICT 4 ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 04/25/2009 04~24~2OO9 Electrician $ 44.75 $ 45.75 Fire Alarm $ 44.75 $ 45.75 HVAC Controls $ 44.75 $ 45.75 PUMP & TANK WORK Electrcian $ 35.20 SUPPLEMENTAL BENEFITS Per Hour: 07101/2008- 04/24/2009 04/25/2009 Electrcian 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + Page 32 I I I I I I I Prevailing Wage Rates for 07/0112008 - 06~30~2009 Last Published on May 01 2009 Published by the New York State Depadment of Labor PRC Number 2009005039 Suffolk County $ 16.31 $ 22.69 NOTE: "Hourly Wage Paid" shall include any and alt premium(s) ! / 1st 35% OVERTIME PAY See (B, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25)on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the following Percetage of Journeyman(s) Wage 2nd 3rd 4th 5th 6th 40% 45% 50% 60% 70% Supplemental Benefits per hour Apprentice(s) 1si Term 15% of Hourly 3% of Hourly Wage Paid + Wage Paid + $ 2.36 $ 4.54 2nd Term 15% of Hourly 3% of Houdy Wage Paid + Wage Paid + $ 4.30 $ 6.79 3rd Term 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $ 7.34 $10.21 4th Term 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $ 8.17 $11.35 5th Term 28.0% of Hourly 16.0% of Hourly Wage Paid + Wage Paid + $ 9.78 $13.61 6th Term 28.0% of Houdy 16.0% of Hourly Wage Paid + Wage Paid + $11.42 $15.88 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay 4-25 EiectHcian Lineman 0510112009 I I I I I I JOB DESCRIPTION Electrician Lineman ENTIRE COUNTIES Nassau, Suffolk WAGES For Utility Distribution & Transmission Line Construction Per Hour: 07/01/2008 Lineman/Splicer $ 39.50 Marerial Man 34.37 Heavy Equip. Operator 31.60 Groundman 32.70 Flagman 17.78 Undergrond Natural Gasline Mechanic (2" or Less) Page 33 DISTRICT 4 [] Published by the New York State Department of Labor [] PRC Number 2009005039 Suffolk County Prevailing Wage Rates for 07/01/2008 - 06~30~2009 Last Published on May 01 2009 Journeyman U.G.Mech. 07/01/2008 $ 31.81 ** IMPORTANT NOTICE - EFFECTIVE 04/01/2009 ** Four (4), ten (10) hour days may be worked at straight time during a week, Monday thru Thumday. Fdday may be used as a make-up day. NOTE - In order to use the '4 Day/10 Hour Work Schedule,' you must submit an 'Employer Registration for Use of 4 Day/10 Hour Work Schedule,' form PW30R; additionally, there must be a dispensation of hours in place on the project. SUPPLEMENTAL BENEFITS Per Hour: Utility Distribution & Transmission Line Construction 07/01/2008 All Classifications 24% of Hourly Wage Paid + $ 6.40 Underground Natural Gas Mechanic 07/01/2008 Journeyman U.G.Mech. 12% of Hourly Wage Paid + $ 5.96 NOTE: "Hourly Wage Paid" shall include any and all premium(s) pay OVERTIME PAY See (B, Q) on OVERTIME PAGE See (B,G,P) for Natural Gas Mechanic HOLIDAY Paid: See (5, 6, 8, 16, 23, 25, 26) on HOLIDAY PAGE Overtime: See (1) on HOLIDAY PAGE REGISTERED APPRENTICES 1000 hour Periods at the following Percentage of Journeyman's Wage. 1st. 2nd. 3rd. 4th. 5th. 6th. 7th. 60% 65% 70% 75% 80% 85% 90% 4-1049 Line/Gas I i ! I I I I[ [ 1 I I I E evator Constructor 0510112009 JOB DESCRIPTION Elevator Constructor DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk PARTIAL COUNTIES Rockland: Entire County except for the Township of Stony Point Westchester: Entire County except for the Townships of Bedford, Lewisboro, Cortland, Mt. Kisco, North Salem, Pound Ridge, Somers and Yorktown. WAGES Per hour: 07/01/2008 Elevator Constructor $ 48.19 Elevator Constructor Page 34 / I I I I Prevailing Wage Rates for 07/01/2008- 06/30/2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County I Modern. & Service $ 38.46 SUPPLEMENTAL BENEFITS Per hour: 07/01/2008 I I I I I I Elevator Constructor $ 21.82 Modern./Service OVERTIME PAY Constructor. See ( C, O ) on OVERTIME PAGE. $ 21.67 Modem./Service See ( B, H ) on OVERTIME PAGE. When a service contract requires two 8-hour shifts, Mon-Sat, worker assigned to each of the double shifts shall work 8 hours per day, 6 days per week for a total of 48 hours. Worker shall be paid for 52 hours at single rate. Any worker who works less than 48 hours shall have his premium prorated. HOLIDAY Paid: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE Overtime: See (5, 6, 9, 11, 15, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES WAGES: Per Hour 07/01/2008 One (1) year terms at the following rate Elevator Constructor 1st Term $ 21.66 2nd Term $ 26.51 3rd Term $ 31.32 4th Term $ 36.14 I I I I I I Modern./Service 1st Term $ 21.15 2nd Term $ 21.66 3rd Term $ 25.00 4th Term $ 28.85 Supplemental Benefits per hour paid: One (1) year term at the following dollar amount Elevator Constructor: 1st Term $18.18 2nd Term $18.55 3rd Term $19.28 4th Term $ 20.01 Modern/& Service: 1st Term $18.11 2nd Term $18.47 3rd Term $19.20 4th Term $19.91 9-1 Glazier 05/01/2009 I I I I JOB DESCRIPTION Glazier DISTRICT 9 ENTIRE COUNTIES Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sd[ivan, Ulster, Westchester WAGES Per hour: 0710112008- 05101/2009 04/30/2009 Glazier $ 45.05 Additional $ 3.40/hour Scaffolding $ 46.05 Additional $ 3.40/hour Repair & Maintenance: Page 35 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County Prevailing Wage Rates for 07/01/2008 - 06~30~2009 Last Published on May 01 2009 Glazier $ 25.85 Additional $1.25/hour Repair & Maintenance- All repair & m~intenance work on a particular building, whenever performed, where the total cumulative contract value is under $100,000.00. SUPPLEMENTAL BENEFITS Per hour paid: Journeyman .... $ 22.84 Glazier Repair & Maintenance**: OVERTIME PAY OVERTIME: $12.79 See (C*,D*O) on OVERT ME PAGE. * Denotes if an optional 8th hour is required same will be at the regular rate of pay. If 9th hour is worked then both houm or more ( 8th and 9th or more ) will be at the double time rate of pay. ** For Repair & Maintenance see ( B,F, P) on overtime page. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE The Following are paid holidays for the Repair & Maintenance Class: New Years day, Presidents day, Memorial day, Independents day, Labor day, Thanksgiving day, Day after Thanksgiving, and Christmas day. REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage rates. 1st term... $15.25 40% of Joumeymans wage 2nd term... $ 22.55 50% ............... 3rd term... $ 28.25 60% ............. 4th term... $ 36.05 80% ............... Supplemental Benefits: (Per hour worked) 1st term .... $10.57 2nd term .... $15.71 3rd term .... $17.13 4th term .... $19.99 9-1281 (DC9 NYC) I I I I I I i I i ! I I InSulatOr - Heat & Frost 05101i2009 JOB DESCRIPTION Insulator- Heat & Frost ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per hour: 07/01/2008 Heat, Frost & Asbestos Insulator(s) $ 46.86 SUPPLEMENTAL BENEFITS Per Hour: Insulator(s) OVERTIME PAY See (C, O, V) on OVERTIME PAGE $ 27.11 Page 36 DISTRICT 9 I ! I I ! I I Prevailing Wage Rates for 07/01/2008 - 06/3012009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: Apprentice Insulator(s) i I year terms at the following percentage of Journeyman's rates. 1st 2nd 3rd 4th 40% 60% 70% 80% Supplemental Benefits per hour: I Apprentice Insulator(s) Same % as for Wage of i $ 27.11 9-12 IironWorker 05/0112009 I I I i I I I I I I JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Wages: (Per Hour) 07/01 ~2008 Structural ..... $ 38.65 Riggers ..... $ 38.65 Machinery Movers ..... $ 38.65 Machinery Erectors ..... $ 38.65 DISTRICT 9 SUPPLEMENTAL BENEFITS Per Hour: Journeyman.. $ 51.00 OVERTIME PAY See (B*,E**,Q,V) on OVERTIME PAGE. * Time and one-half shall be paid for all work in excess of (8) eight hours at the end of a work day to a maximum of two hours on any regular work day (the ninth (gth) and tenth (10th) hours of work)and double time shall be paid for all work thereafter. ** Time and one-half shall be paid for all work on Saturday up to eight (8) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HQLIDAY PAGE Overtime: See (5, 6, 8, 18, 19) on HQLIDAY PAGE REGISTERED APPRENTICES Wages: (Per Hour) Six (6) month terms at the following wage rate. 1st 2nd 3rd 4th 5th 6th $20.42 21.02 21.02 21.62 21.62 21.62 Page 37 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 Supplemental Benefits: (Per Hour) * Applies to all Apprentices. $ 36.00' Ironworker JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Rockland: Southern Section WAGES Per hour: 07/01/2008 Reinforcing & Metal Lathing... $ 45.57 Shift Work: Off-hour shifts must begin after 3:30pm, and end before 7:00am Wage: $ 57.57 Published by the New York State Depar[ment of Labor PRC Number 2009005039 Suffolk County SUPPLEMENTAL BENEFITS Per hour paid: Journeyman $ 30.96* * Only $19.50 of the total Supplemental Benefits Amount subject to time one half or double time as per over[ime code "V"). OVERTIME PAY OVERTIME: See (A*,E*,Q,V) on OVERTIME PAGE. * All overtime in excess of ten (10)hours shall be paid at double wage. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 18, 19, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (1) year terms at the following wage rates: 1st 2nd 3rd $ 26.90 $ 30.97 $ 35.50 Supplemental Benefits per hour paid: 1st 2nd 3rd $ 23.33 $ 24.88 $ 25.93 DISTRICT 9 9-40/361-Str 05101/2009 9-46Reinf Ironworker 05/01/2009 DISTRICT 9 JOB DESCRIPTION Ironworker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2008 Page 38 I I I i I I ! I i I t I i I I I ! I I I Prevailing Wage Rates for 0710112008 - 0613012009 Last Published on May 01 2009 I Ornamental Chain Link Fence Guide Rail Installation IShift Work: Minimum duration of 5 days. ! ! ! ! I Paid: Published by the New York Slate Department of Labor PRC Number 2009005039 Suffolk County $ 39.15 $ 39.15 $ 39.15 Monday thru Friday: When two or three shifts are employed, each shift shall work 7 hour days and be paid for 10 1/2 hours. Shifts not completing the full 7 hours shall be paid 1 1/2 times the straight-time rate for the hours worked. Saturday, Sunday, Holidays: When two or three shifts are employed, each shift shall work 7 hour days and be paid for 15 3/4 hours. Shifts not completing the full 7 hours shall be paid 2 1/4 times the straight-time rate for the hours worked. SUPPLEMENTAL BENEFITS Per hour paid: 07/01/2008 Journeyman: $ 38.32 OVERTIME PAY OVERTIME: See (A*,D1,E**,Q,V) on OVERTIME PAGE~ *Time and one-half shall be paid for all work in excess of seven (7) hours at the end of a work day to a maximum of two (2) hours on any regular work da (8th & 9th hours of work) and double time shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY See (1) on HOLIDAY PAGE Over[ime: See (5, 6, 25) on HOLIDAY PAGE i REGISTERED APPRENTICES 1st term represents first 1-4 months, thereafter (1/2) year terms at the followin9 percentage of Journeyman's wage. APPRENTICES: t 1st 2nd 3rd 4th 5th 6th 60% 65% 70% 80% 85% 95% Supplemental Benefits per hour paid: 07/01/2008 lstTerm $ 23.92 2nd Term $ 25.72 3rdTerm $ 27.52 4th Term $ 31.12 5thTerm $ 32.92 6th Term $ 36.52 9-580-Or Ironworker I JOB DESCRIPTION Ironworker DISTRICT 9 05101/2009 I I I I ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2008 Derdckman/Rigger $ 48.00 SUPPLEMENTAL BENEFITS Journeyman $ 27.38 OVERTIME PAY Page 39 Prevailing Wage Rates for 07/01/2008 - 06~30~2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County I I I I I I i I I i 1 I I ! i I I, OVERTIME See (A*,D1,E**,Q,V) on OVERTIME PAGE. *Time and one-half shall be paid for all work in excess of seven (7) hours at the end of a work day to a maximum of two hours on any regular work day (the eighth (Sth) and ninth (9) hours of work) and double time shall be paid for all work thereafter. **Time and one-half shall be paid for all work on Saturday up to seven (7) hours and double time shall be paid for all work thereafter. HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10) on HOLIDAY PAGE HOLIDAY: Paid: ........ See (1) on HOLIDAY PAGE. Overtime:....See (5*, 6*, 8'*, 24'**, 25**) on HOLIDAY PAGE. *No work shall be performed on this day, except in cases of emergency. Such work shall be done at double time rate of pay. **Double time rate of pay. ***Work stops at schedule lunch break with full day's pay. REGISTERED APPRENTICES Wage per hour: (1/2) year terms at the following pementage of journeyman's wage. 1st 2nd 3rd 4th 50% 50% 70% 80% 5th 90% Supplemental benefits per hour paid: Registered Apprentice 1 st year All others 50% of journeyman's rate 75% of journeyman's rate 6th 90% 9-197D/R Laborer - Building 05101/2009 JOB DESCRIPTION Laborer- Building ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008 Building Laborer Asbestos Abatement Worker (Re-Roofing see Roofer) $ 28.75 $ 29.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Building Laborer $ 23.42 Asbestos Worker $11.10 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Regular Hours Work Terms (Not Available for Abatment Work) TERM #1 1 hr to 1000hfs TERM #2 1001 hrs to 2000hrs TERM #3 2001hfs to 3000hrs TERM ¢N 3001hrs to 4000hrs Page 40 DISTRICT 4 i Prevailing Wage Rates for 07~01/2008 - 06/30/2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County I i I I I Wages per hour: APPRENTICES (Not Allowed on Abatment Work) TERM #1 $16.00 TERM #2 18.75 TERM #3 21.25 TERM #4 24.00 Supplemental Benefits per hour: APPRENTICES TERM #1 $ 11.83 TERM #2 13,33 TERM #3 14.11 TERM #4 14.61 4-66 i I I I i I LabOrer. Heaw/&Hi_qhway 05/01/2009 DISTRICT 4 JOB DESCRIPTION Laborer- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Laborer (Heavy/Highway): GROUP # t: Asphalt Rakers and Formsetters. GROUP # 2: Asphalt Shovelers, Roller Boys and Tampers. GROUP # 3: Basic Laborer, Power Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete, Traffic Control Personnel. WAGES PER HOUR: 07/01/2008 GROUP # 1 $ 32.71 GROUP # 2 $ 31.80 GROUP # 3 $ 29.05 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 I I I I ! I I ALL GROUPS $ 22.83 After Forty (40)paid Hours in a work Week $14.62 OVERTIME PAY See (B, E2, F) on OVERTIME PAGE NOTE: Premium Pay of 25% of wage for all Straight time hours on all New York State D.O.T. and other Goverment Mandated Off-Shift Work NOTE: Hazardous Material Work add an Additional 10% of Hourly Rate HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (1) on HOLIDAY PAGE REGISTERED APPRENTICES One (1) Year Terms at the following Pecentage of the Journeyman's Wage 15t 2nd 80% 90% Supplemental Benefits per hour: Page 41 Prevailing Wage Rates for 07/01/2008 - 06~30~2009 Published by the New York State Department of Laber Last Published on May 01 2009 PRC Number 2009005039 Suffolk County APPRENTICES $ 22.83 After Forty (40)paid Hours in a work Week $14.62 4-1298 Mason 05101/2009 JOB DESCRIPTION Mason DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2008 Brick/Blocklayer $ 44.99 SUPPLEMENTAL BENEFITS Per Hour: I I Brick/Block Layer 07/01/2008 $ 20.61 OVERTIME PAY See (A, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (750 Hour) Terms at the fotlowing Wage rate per hour 1st 2nd 3rd 4th 5th 6th 500hrs 500hrs $21.76 $25.79 $29.82 $33.86 $37.89 $39.91 Supplemental Benefits per hour: All Apprentices $11.38 Mason - Building 9-1Brk 05/0112009 i I I i i I I I I JOB DESCRIPTION Mason- Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2008 12/01/2008 Building: Tile Finisher $ 36.77 SUPPLEMENTAL BENEFITS Journeyman $ 20.65 OVERTIME PAY See (A, E, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10, 11, 15, 16)on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour paid) ( 750 hour ) terms at the following percentages of journeyman's wage. $ 37.68 $ 21.40 Page 42 I I I I I I i I Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County 1st 2nd 3rd 4th 5th 50% 55% 65% 70% 75% Supplemental Benefits: (per hour paid) (750) hour terms at the following percentages of journeyman's wage: 6th 85% 7th 90% 8th 95% I Apprentices. 1 st 2nd 50% 55% I Mason- Bud n.q 3rd 4th 5th 6th 7th 8th 65% 70% 75% 85% 90% 95% 9-7/88-ff 05/0112009 ! I i I I I I I ! i I I I I JOB DESCRIPTION Mason - Building ENTIRE COUNTIES Bronx, Kings, Nassau. New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2008 Building:Marble Restoration Marble, Stone, etc & Polisher $ 36.36 Marble, Stone, etc Finishers $18.91 SUPPLEMENTAL BENEFITS Journeyman: 07/01/2008 DISTRICT 9 01/01/2009 $ 36.26 $18.94 01/01/2009 Polisher $19.20 $19.80 Finisher $ 9.50 $10.47 OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE HOLIDAY Paid: See (*5, 6, 11, 15) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15) on HOLIDAY PAGE · Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maintenance and 1ST three terms of Apprentices see ( 5, 6, 11, 15 )on HOLIDAY PAGE. All others See ( I ) on HOLIDAY PAGE. REGISTERED APPRENTICES Wages: (per hour worked) Polisher: 900 hour terms at the following percentage of Journeyman's wage. Term: 1st 2nd 3rd 4th Houm: 1- 901- 1801- 2701- 900 1800 2700 3600 70% 80% 90% 100% Finisher: 750 hour terms at the following percentage of Journeyman's wage. Term: 1st 2nd 3rd 4th 5th 6th 7th Hours: 1- 751- 1501- 2251- 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 70% 74% 78% 82% 88% 96% 100% Supplemental Benefits: (per hour worked) Polisher: 07/01/2008 01/01/2009 Page 43 Prevailing Wage Rates for 07101/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County Term wage % of $6,50 plus $12.70 Term wage % of $6.50 plus $13.30 Finisher: $ 9.50 $10.47 9-7/24 I I I Mason - Building 05/01/2009 JOB DESCRIPTION Mason - Building DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per hour: 07/01/2008 12/01/2008 Building: Tile Setters $ 45.32 $ 46.83 Shift Work: 12:01am Monday- 12:00midnight Friday $ 56.65 $ 58.53 12:0 lam Saturday- 12:midnight Saturday $ 67.98 $ 70.24 12:01am Sunday- 12:00midnight Sunday $ 90.64 $ 93.66 SUPPLEMENTAL BENEFITS Journeyman: $ 24.15 $ 24.65 OVERTIME PAY See (A, E, Q, *V) on OVERTIME PAGE *Applicable to Shift Work ONLY HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 10, 11, 15, 16)on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: (750 hr)terms at the following wage rates. Term: 1st 2nd 3rd 4th 5th 6th Hours: 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 7th 4501- 5250 Wages: $22.73 25.18 29.93 32.26 34.72 39.47 41.82 Supplemental Benefits perhour paid: Term: 1st 2nd 3rd 4th 5th 6th 7th Houm: 1- 751- 1501- 2251- 3001- 3751- 4501- 750 1500 2250 3000 3750 4500 5250 Supps. $12.00 13.03 15.23 16.37 17.38 19.58 20.70 8th 5251- 6000 44.10 8th 5251- 6000 21.90 9th 6001- 6750 45.32 9th 6001- 6750 24.15 9-7/52 I ! I i i I I I I I I Mason - Building JOB DESCRIPTION Mason- Building DISTRICT 9 05/01/2009 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Page44 I I I Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 Published by the New York State Depadment of Labor PRC Number 2009005039 Suffolk County Building: 07/01/2008 Mosaic & Terrazzo Mechanic $41.72 I Mosaic & Terrazzo Finisher $40.26 SUPPLEMENTAL BENEFITS Journeyman: $28.26 ! OVERTIME PAY See (A, E, Q, V) on OVERTIME PAGE iHOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 16, 25) on HOLIDAY PAGE I REGISTERED APPRENTICES Wage per hour: (750 Hour) terms at the following percentage of the Terrazzo Mechanic's wage. I st 2nd 3rd 4th 5th 6th 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 50% 55% 65% 70% 75% 85% ISupplemental benefits per hour paid: (750 hour) terms at the following percentage of Terrazzo Mechanic's benefit. 1st 2nd 3rd 4th 5th 6th I 1- 751- 1501- 2251- 3001- 3751- 750 1500 2250 3000 3750 4500 50% 55% 65% 70% 75% 85% 7th 4501- 5250 9O% 7th 4501- 5250 9O% 01/01/2009 $ 42.14 $ 40.65 $ 29.26 8th 5251- 6OOO 95% 8th 5251- 6000 95% I Mason - Bud n.q / Heavv&Hi_qhway 9-7/3 05/01/2009 I I I I i I I I I JOB DESCRIPTION Mason ~ Building / Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES NOTE: Shall include but not limited to Precast concrete slabs (London Walks) Marble and Granite pavers 2'x 2' or larger. DISTRICT 9 Per Hour: 07/01/2008 Stone Setter $ 56.34 Stone Tender $ 35.63 SUPPLEMENTAL BENEFITS Per Hour: 0710112006 Stone Setter $ 22.03 Stone Tender $16.33 OVERTIME PAY See (*C. **E, Q) on OVERTIME PAGE * On weekdays the eighth (8th) and ninth (9th) hours are time and one-half all work thereafter is paid at double the houdy rate. ** The first seven (7) hours on Saturday is paid at time and one-half all work thereafter is paid at double the hourly rate. HOLIDAY Paid: See (8, 25) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Per Hour: 07/01/2008 Page 45 · Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor · Last Published on May 01 2009 PRO Number 2009005039 Suffolk County Stone Seffer(750 hour) terms at the following wage rate per hour: 1st 2nd 3rd 4th 5th 6th term term term term term term $28.34 $32.78 $37.33 $41.87 $46.42 $48.69 Supplemental Benefits for all terms 07/01/2008 $ 13.86 9-1 Stn I I I I Mason - Building I Heavy&Highway 05/01/2009 JOB DESCRIPTION Mason - Building / Heavy&Highway DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Shall include but not limited to: fired clay bdck pavers, pressed concrete pavers, cobble stone, asphalt pavers. "All Flagging, Granite, Marble and Conrete Slabs 2'x2'or larger see Stone Mason Classification." WAGES: (per hour) 07/01/2008 Journeyman $44.99 SUPPLEMENTAL BENEFITS Journeyman $20.61 OVERTIME PAY See (A, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (750 Hour) Terms at the following Wage Rate Per Hour: 1st 2nd 3rd 4th 5th 6th 500hrs 500hrs $ 21.76 $ 25.79 $ 29.82 $ 33.86 $ 37.89 $ 39.91 Supplemental Benefit Per Hour: All Apprentice Terms $ 20.61 9-1 Paver I I I I i I I I I Mason - Building I Heavy&Highway JOB DESCRIPTION Mason - Building / Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester WAGES Per hour: 07/01/2008 Marble-Finisher $ 40.75 SUPPLEMENTAL BENEFITS Journeyman $ 23.73 OVERTIME PAY Bee (C, O, V) on OVERTIME PAGE 05/01/2009 DISTRICT 9 01/01/2009 $ 41.30 $ 24.33 Page46 I ! m I m I Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County IHOLIDAY Paid: See (*2) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 15, 25) on HOLIDAY PAGE * 1/2 Day for Labor Day. I REGISTERED APPRENTICES Wages: 750 hour terms at the following percentage of Journeyman's wage. I 1st 2nd 3rd 4th 5th 6th 7th 8th 1- 751- 1501- 2251- 3001- 3751- 4501- 5251- 750 1500 2250 3000 3750 4500 5250 6000 50% 55% 65% 70% 75% 85% 90% 95% I Supplemental Benefits: 07/01/2008 01/01/2009 lst-6th terms $13.90 + term $14.50 + term wage % of $9.83 wage % of $9.83 7th and 8th terms $23.73 $24.33 I Mason. Heavy&Highway I I I I I I I i I I JOB DESCRIPTION Mason- Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2008 (MASON) Pointer, Cleaner & Caulkers $ 37.39 SUPPLEMENTAL BENEFITS Pointer, Cleaners & $ 20.11 Caulkers OVERTIME PAY See (B, E2, H) on OVERTIME PAGE HOLIDAY Paid: See 1) on HOLIDAY PAGE Overtime: See 5, 6) on HOL DAY PAGE REGISTERED APPRENTICES Wages: (Per hour) One (1) year terms at the following wage rates. 1st 07/01/2008 $19.61 Apprentices Supplemental Benefits: (per hour paid) DISTRICT 9 2nd 3rd 4th $ 22.72 $ 27.95 $ 34.38 07/01/2008 1st 2nd 3rd 4th $ 2.80 $ 7.00 $ 9.50 $ 9.50 Mason - Heavy&Highway I I JOB DESCRIPTION Mason- Heavy&Highway ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Page 47 DISTRICT 9 9-7/20-MR 05/01/2009 9-1PCC 0510112009 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County Per Hour: 07/01/2008 Cement Mason $ 47.50 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Cement Mason $ 26.80 OVERTIME PAY See (C, O, V) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25) on HOLIDAY PAGE REGISTERED APPRENTICES ( 1 ) year terms at the following wage rates. 1st Term $ 23.75 2nd Term $ 28.50 3rd Term $ 33.25 I I Supplement Benefits per hour paid: Apprentices: 1st term $ 20.84 2nd term $ 23.44 3rd term $ 26.02 9-780 I I Operating Engineer - Building JOB DESCRIPTION Operatin9 Engineer- Building ENTIRE COUNTIES Nassau, Suffolk WAGES BUILDING CATEGORIES: 05101 ~2009 DISTRICT 4 CLASS "AA "CRANES: Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane & Pile Driver. CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler, Boring Machine, Cherry Picker (over 50 tons), Concrete Pump, Gradall, Grader, Hoist,Loading Machine (10 yds. or more), Milling Machine, Power Winch - Stone Setting/Structural Steel & Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self-propelled), Tank Work, Tower Crane Engineer. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under 50 Tons), Conveyor-Multi, Dinkey Locomotive, Fork Lift, Hoist (2 Drum), Loading Machine & Front Loader, Mulch Machine (Machine Fed), Power Winches (Not Included in Class "A"), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scaper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), Pulvi Mixer, Pumps (all), Roller (dirt), Ridge Cutter, Vac-All, Shotblaster, Striping Machine, Interior Hoist, Concrete Finish Machine, ConcreteSpreader, Conveyer, Curing Machine, Hoist (one drum). CLASS "D": Concrete Breaker, Concrete Saw/Cutter, Fork Life or Walk Behind (power operated), Generator, Hydra Hammer, Compactors (mechanical or hand operated), Pin Puller, Portable Heaters, Power Booms, Power Buggies, Pump (double action diaphragm). CLASS "E": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (gypsum), Pump (single action diaphragm), Stump Chipper, Track Tamper, Tractor (caterpiller or wheel), Vibrator, Deckhand on Workboat. 07/01/2008 I I I I I I I: I' I Class "AA" $ 52.28 Cranes: Boom length over 100 feet add $1.00 per hour "150 .... $ 1.50 .... Page 48 I i I Prevailing Wage Rates for 0710112009 o 06/3012009 Last Published on May 01 2009 Published by the New York State Depar[ment of Labor PRC Number 2009005039 Suffolk County I i I "250" "$2.00 .... "350 .... $ 3.00 .... Class "A" *Add $3.50 for Hazardous Waste Work Class "B" *Add $2.50 for Hazardous Waste Work Class "C" *Add $1.50 for Hazardous Waste Work $ 46.04' $ 43.65* $ 42.06* m class "D" $ 38.85 Class "E" $ 37.24 I SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 ALL CLASSES $ 28.29 I $ 23.05 NOTE: Overtime Rate OVERTIME PAY See (D, O) on OVERTIME PAGE I HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. I I REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 07/01/2008 1st Term $ 20.84 i 2nd Term 21.67 3rd Term 22.33 I I Supplemental Benefits per hour: APPRENTICES Note: OVERTIME AMOUNT $15.89 5.85 4-138 I I I I I I ODeratin~l Enqineer - Building / Heavy&Highway JOB DESCRIPTION Operating Engineer- Building / Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 07/31/2008 Well Driller $ 29.00 Well Driller Helper 25.52 Hazardous Waste Differential Added to Hourly Wage: 08/01/2008 $ 29.00 + $1.16 25.52 + $1.03 Level A $ 3.00 $ 3.00 Level B 2.00 2.00 Level C 1.00 1.00 05101/2009 DISTRICT 4 Page 49 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County Monitoring Well Work Add to Hourly Wage: Level A Level B SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 07/31/2008 Well Driller $10% of straight Well Drller Helper time rate plus $9.55 $ 3.00 2.00 $ 3.00 2~00 08/01/2008 10% of straight time rate plus $ 9.55 I I I (NOTE) Additional $2.25 for Premium Time OVERTIME PAY See (B, E, G, P) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 16, 23) on HOLIDAY PAGE Overtime: See (5, 6, 16, 23) on HOLIDAY PAGE Additional $ 2.88 for Premium Time Operating Engineer - Heavy&H ghwaY 4-138well 05/01/2009 ! I I JOB DESCRIPTION Operating Engineer- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Party Chief- One who directs a survey party Instrument Man - One who runs the instrument and assists Party Chief Rodman - One who holds the rod and in general, assists the survey party Categories cover GPS & Under Ground Surveying Per Hour: 07/01/2008 Heavy Highway/Building Party Chief $ 49.11 + $3.41/Hr Instrument Man 37.01 + $2.83/Hr Rodman 32.63 + $2.62/Hr Steel Erection Party Chief Instrument Man Rodman SUPPLEMENTAL BENEFITS Per Hour: $51.03 + $2.63 40.30 + $2.25 27.86 + $1.80 07/01/2008 Heavy Highway/Building $ 21.64 Steel Erection $ 22.58 OVERTIME PAY See (B, *E, O) on OVERTIME PAGE * Doubletime paid on the 9th hour on Saturday. HOLIDAY Paid: See (5, 6, 8, 11, 12, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 12, 15, 25)on HOLIDAY PAGE DISTRICT 4 Operating Engineer - Heavy&Highway 4-15D-N/S co. 05/0112009 I I I I I I I I I I JOB DESCRIPTION Operating Engineer- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk Page 50 DISTRICT 4 ! I I Prevailing Wage Rates for 07/01/2008- 0613012009 Last Published on May 01 2009 Published by the New York Slate Department of Labor PRC Number 2009005039 Suffolk County I I I ! I I I I I I I I WAGES HEAVY/HIGHWAY CATEGORIES: CLASS "AA" CRANES: Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane, Pile Driver. CLASS "A": Asphalt Spreader, Backhoe Crawler, Boiler Cherrypicker (over 50 tons), Concrete Pump, Grader, Gradall, Hoist Loading Machine 10 yds. or more), Milling Machine, Power Winch-Stone Setting/Structural Steel or Truck Mounted, Powerhouse, Road Paver, Sceop-CarryalI-Scaper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (self propelled), Tank Work, Track Alignment Machine. CLASS "B": Backhoe, Boom Truck, Bulldozer, Boring Machine/Auger, Cherry Picker (under 50 tons), Conveyor-Multi, Dinky Locomotive, Fork Lift, Hoist (2 drum), Loading Machine & Front Loader, Mulch Machine (machine fed), Power Winches (all others not included in CLASS A), Asphalt Roller, Hydraulic Pump with Boring Machine, Scoop, Carryall, Scaper, Maintenance Man on Tower Crane, Trenching Machine, Vermeer Cutter, Work Boat. CLASS "C": Curb Machine, Maintenance Engineer (Small Equip. & Well Point), Field Mechanic, Milling Machine (Small), PulvFMixer, Pumps, Roller (Dirt), Vac-Alt, Welding/Burning, Compressor (Structural Steel & 2 or more Baftedes), Concrete Finish Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (One Drum), Ridge Cutter, Striping Machine, Welding Machine (Structural Steel & Pile Work). CLASS "D": Compressor (Pile,Crane,Stone Setting), Concrete Saw Cutter/Breaker, Work Lift (Walk Behind,Power Operated), Generator (Pile Work),Hydra Hammer, Hand Operated Compactor, Pin Puller, Portable Heater, Powered Broom/Buggy/Grinder, Pump (Single Action-1 to 3 Inches/Gypsum/Double Action Diaphragm), Hand Trenching Machine, Welding Machine. CLASS "E": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump (Centrifugal up to 3 In.), Root Cutter, Stump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand on Work Boat. 07/01/2008 Class "AA" Cranes: Boom Length over 100 feet add $1.00 per hour "150" "$1.50 .... "250" "$2.00"" "350" "$3.00"" $ 53.56 Class "A" *Add $3.50 for Hazardous Waste Work. $ 47.31' Class "B" *Add $2.50 for Hazardous Waste Work. $ 44.14' Class "C" *Add $1.50 for Hazardous Waste Work $ 42.54* i Class "D" $ 39.33 Class "E" $ 37.74 I I I I I "NOTE": PREMIUM PAY of 25% on straight time hours for NEW YORK STATE- D.O.T. and other GOVERNMENTAL MANDATED off-shift work. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 ALL CLASSES $ 27.39 Note: OVERTIME AMOUNT $ 23.05 OVERTIME PAY See (D, O) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE Overtime: See (5, 6, 8, 9, 15) on HOLIDAY PAGE "NOTE": Employee must be employed day before and day after a holiday to receive holiday pay. Page 51 Prevailing Wage Rates for 07/01/2008 - 06~30~2009 Published by the New York State Department of Labor Last Pubfished on May 01 2009 PRC Number 2009005039 Suffolk County REGISTERED APPRENTICES One(l) Year Terms at the following Rate: 1st Term $ 20.84 2nd Term 21.67 3rd Term 22.33 APPRENTICES $15.89 Note: OVERTIME AMOUNT 5.85 4-138 Operat ng Engineer - Marine Construction 05/01/2009 I I I I JOB DESCRIPTION Operating Engineer- Marine Construction DISTRICT 4 ENTIRE COUNTIES Albany, Allegany, Bronx. Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango. Clinton, Columbia. Cortland, Delaware, Dutchess, Erie. Essex, Franklin, Fulton, Genesee. Greene. Hamilton. Herkimer, Jeffemon, Kings, Lewis, Livingston. Madison, Monroe, Montgomery, Nassau. New York, Niagara. Oneida. Onondaga, Ontario. Orange, Orleans. Oswego. Otsego. Putnam. Queens, Rensselaer. Richmond, Rockland, Saratoga, Schenectady, Schohade. Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming. Yates WAGES Per Hour: DIPPER,CLAMSHELL DREDGES 07/01/2008- 10/01/2008 & HYDRAULIC DREDGES 09/30/2008 CLASS A Operator. Leverman, Lead Dredgeman $ 32.09 $ 32.89 $ 28.49 $ 26.84 $ 26.14 $ 0.06 $ 25.29 $ 21.09 $ 0.09 10/01/2008 $ 8.05 plus CLASS B SpideflSpill Barge Operator, Tug Operator(overl000hp), Operatoril, Fill Placer, Derrick Operator, Engineer, Chief Mate, Electrician, Chief Welder, Maintenance Engineer Certified Welder, Boat Operator(licensed) $27.94 $ 26.29 CLASS C Drag Barge Operator, Steward, Mate, Assistant Fill Placer, Welder (please add) Boat Operator $ 25.49 $ 0.51 $ 24.79 $ 20.64 $ 0.09 CLASS B Shoreman, Deckhand, Rodman, Scowman, Cook, Messman, Porter/Janitor Oiler(please add) SUPPLEMENTAL BENEFITS Per Hour: THE FOLLOWING SUPPLEMENTAL BENEFITS APPLY TO ALL CATEGORIES 07/01/2008- 09/30/2008 All Classes A & B $ 7.80 plus Page 52 I I I I I I I I I I I I I I Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County I I I I I I (ovedime hours add) 7% of straight 7% of straight time wage time wage $ 0.63 $ 0.63 All Class C (overtime hours add) $ 7.50 plus $ 7.75 plus 7% of straight 7% of straight time wage time wage $ 0.48 $ 0.48 All Class D (ovedime hours add) OVERTIME PAY See (B, F, R) on OVERTIME PAGE HOLIDAY Paid: Overtime: $ 7.20 plus $ 7.45 plus 7% of straight 7% of straight time wage time wage $ 0.23 $ 0.23 See (1) on HOLIDAY PAGE See (5, 6, 8, 15, 26) on HOLIDAY PAGE OPerat n~l Engineer - Trenchless Pipe Rahab 4-25a-MarConst 05/0112009 I I I I I I I I I I I I JOB DESCRIPTION Operating Engineer- Trenchless Pipe Rahab DISTRICT 4 ENTIRE COUNTIES A bany A egany Bronx, Broome, Cattaraugus Cayuga Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Ham ton, Hark mar, Jefferson, Kings, Law s, L v ngston, Madison, Monroe, Montgomery Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans. Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schohade, Schuy er, Seneca, St. Lawrence, Steubee, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per Hour: 07/01/2008 DSET/DSSET Operator Robotic Unit Operator $ 31.50 31.50 DDCC Injection Operator Technician/Equipment Operator AM Liner/Hydra Seal Installer 31.50 27.00 27.00 Hobas Pipe, Polyethyene Pipe or Pull and Inflate Liner Inst. 27.00 SUPPLEMENTAL BENEFITS Per Hour Worked All Classffacations $11.34 OVERTIME PAY See (B, H) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 8, 9, 15, 25) on HOLIDAY PAGE REGISTERED APPRENTICES At One Year Terms (Per Hour) First Year $16.00 Second Year 16.75 Third Year 17.25 Page 53 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depadment of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County Fourth Year 18.00 Supplemental Benifit (Per Hour Worked) All Terms $11.34 4-138TrchPReh Painter 05101/2009 JOB DESCRIPTION Painter ENTIRE COUNTIES Nassau. Suffolk WAGES Per hour: 07/01/2008 $ 35.00 Drywall Taper SUPPLEMENTAL BENEFITS Per hour worked: Journeyman $ 20.84 DISTRICT 9 OVERTIME PAY See (A, H) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (4, 5, 6, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Wages(per Hour) 07/01/2008 1st Year $13.25 2nd Year 17.50 3rd Year 21.00 4th Year 28.00 Suppemental Benefits: (per Hour) 1st year $ 9.82 2nd Year 12.32 3rd year 14.74 4th year 19.42 9-NYDCT9-DWT Painter 05/01/2009 JOB DESCRIPTION Painter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester Page54 DISTRICT 9 WAGES (Per hour) 07/01/2008 Brush $ 35.00 Spray & Scaffold 38.00 Fire Escape 38.00 Decorator 38.00 Paperhanger/Wall Coverer 36.83 SUPPLEMENTAL BENEFITS ( per hour worked ) 07/01/2008 Paperhanger $ 24.15 All others 20.94 OVERTIME PAY See (A, H) on OVERTIME PAGE I t I I I I I I I I I i I i I I I I i Prevailing Wage Rates for 0710112008 - 06~30~2009 Last Published on May 01 2009 Published by the New York State Depadment of Labor PRC Number 2009005039 Suffolk County HOLIDAY Paid: See (1) on HOLIDAY PAGE Ovedime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES Indentured after 5/31/93 ( 1 ) year terms at the following wage rate. (per hour) Appr 1st term... $13.25 Appr 2nd term... 17.50 Appr 3rd term... 21.00 Appr 4th term... 28.00 Spplemental benefis: (per Hour worked) Appr 1st term... $ 9.82 Appr 2nd term.,. 12.32 Appr 3rd term... 14.74 Appr 4th term,,. 19.42 Painter - Heavy&Hi.qhway 9-NYDC9-B/S 05101/2009 JOB DESCRIPTION Painter- Heavy&Highway ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008- 09/30/2008 10/01/2008 Structural Steel $ 44.00 $ 45.25 Bridge Painting 44.00 45.25 Power Tool/Compressor 50.00 51.25 "NOTE" DISTRICT 4 Bridge Painting Contracts, ALL WORKERS on and off the bridge(including flagmen) are to be paid Painting Rate. The Contract must be ONLY for Bridge Painting. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 10/01/08 09/30/2008 Painters/ All Classifications $ 27.66 $ 28.31 OVERTIME PAY See (A, F, R) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6) on HOLIDAY PAGE REGISTERED APPRENTICES Wages per hour: 1st Term 40% 2nd Term 60% 3rd Term 80% Supplemental Benefits per hour: Apprentice(s) 1st Term 2nd Term 3rd Term $ 27.66 $ 28.31 27.66 28.31 27.66 28.31 One(l) Year Terms at the following Percentage of the Journeyman(s) Wage: Page 55 4-DC9/NS-BrSS · Prevailing Wage Rates for 0710112008 - 06~30~2009 Published by the New York State Department of Labor · Last Published on May 01 2009 PRC Number 2009005039 Suffolk County Painter - Line Striping JOB DESCRIPTION Painter- Line Striping DISTRICT 9 ENTIRE COUNTIES Albany. Bronx. Clinton. Columbia. Dutchess, Essex. Franklin. Fulton. Greene, Hamilton, Kings, Montgomery, Nassau. New York, Orange, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schohade. Suffolk. Sullivan, Ulster, Warren, Washington. Westchester WAGES Per hour: Painter (Striping-Highway): 07/01/2008 ! I Striping-Machine Operator* Linerman Thermoplastic $ 25.53 $ 30.79 Note: * Includes but is not limited to: Positioning of cones and directing of traffic using hand held devices. Excludes the Driver/Operalor of equipment used in the maintenance and protection of traffic safety SUPPLEMENTAL BENEFITS Per hour paid: Journeyman: OVERTIME PAY See (B, E, P, S) on OVERTIME PAGE HOLIDAY Paid: Overtime: 07/01/2008 $ 9.97 + 7% of wage See (5, 20) on HOLIDAY PAGE See (5, 8, 11, 12, 15, 16.17, 20, 21, 22) on HOLIDAY PAGE 9-8N28A-LS I I ! I Painter - Metal Polisher 0510112009 JOB DESCRIPTION Painter- Metal Polisher DISTRICT 9 ENTIRE COUNTIES Albany, Allegany, Bronx, Broome, Cattaraugus. Cayuga. Chautauqua, Chemung, Chenango, Clinton, Columbia. Cortland, Delaware. Dutchess, Erie, Essex. Franklin, Fulton. Genesee, Greene, Hamilton, Herkimer, Jefferson, Kings, Lewis, Livingston, Madison. Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga. Ontario, Orange, Orleans, Oswego, Otsego. Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES 07/01/2008 Metal Polisher $ 23.10* *Note: All workers shall be paid an additional premium in an amount equal to twenty (20%) percent of their basic straight time rate of pay for all time worked on hanging scaffolds and on standing scaffolds while working more than 34 feet off the ground. Such premium are to be paid on top of their straight time or overtime, whichever is applicable. This also applies to employees erecting scaffolding. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Journeyman: $11.02 OVERTIME PAY See (B, E, Q, T) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE Overtime: See (5, 6.9, 11, 15, 16.25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES 55% of Basic Polisher Rate 9-8N28A-MP I I I I I I I I Plasterer 0510112009 JOB DESCRIPTION Plasterer ENTIRE COUNTIES Kings, Nassau, Queens, Suffolk PARTIAL COUNTIES New York: Includes work in all Islands in New York City. except Manhattan. Page 56 DISTRICT 9 I I I Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County I I I I I I I I I I I I I I I I I I i WAGES Per hour: Building: Plasterer/Traditional SUPPLEMENTAL BENEFITS Per hour worked: Journeyman 07/01/2008 $ 35.53 $ 21.80 OVERTIME PAY See (B, E, E2, Q) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 8, 11, 13, 25, 26) on HOLIDAY PAGE REGISTERED APPRENTICES Wages: (per hour) ( I ) year terms at the following % journeyman's wage rate. First year: 1 st 6 months 2nd 6 months 40% 45% Second year: 1st 6 months 2nd 6 months 55% 60% Third year: 1st 6 months 2nd 6 months 70% 75% Supplemental Benefits: (per hour paid): (1) year term broken down inlo six month pedods: 1 st year: 1st six months $ 8.37 2nd six months 9.35 3rd six months 11.35 4th six months 12.33 5th six months 14.33 6th six months 15.33 9-530-Zl JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008 Plumbed PUMP & TANK $ 42.24 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Plumber $18.57 DISTRICT 4 OVERTIME PAY See (B, N, V) on OVERTIME PAGE (V) Sunday & Holidays Only HOLIDAY Paid: See (1) on HOLIDAY PAGE Page 57 Plumber 05101/2009 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Depadrnent of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County Overtime: See (5, 6, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms at the Following Wage Per Hour: 07/01/2008 1st Term $ 9.77 2nd Term 15.37 3rd Term 20.96 4th Term 26.80 Supplemental Benefits per hour: 1st Term $ 8.39 2nd Term 8.89 3rd Term 9.39 4th Term 9.64 4-200 Pump & Tank Plumber 05/0112009 I I I I I I JOB DESCRIPTION Plumber ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07101/2008- 05/01/2009 04/31/2009 Plumber MAINTENANCE ONLY $26.73 28.07 (NOTE) Maintenance: Correction of problem(s)with the existing fixture or group of fixtures, preventive repairs or servicing of said fixtures. SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008- 05/01/2009 04/31/2009 Plumber $9.00 $9.40 MAINTENANCE ONLY OVERTIME PAY See (B, J) on OVERTIME PAGE HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16) on HOLIDAY PAGE REGISTERED APPRENTICES One(l) Year Terms, WAGES Per Hour as Follows: 07/01/2008- 05/01/2009 04/31/2009 1st term $13.61 $14.29 2nd term $14.65 $15.38 3rd term $15.74 $16.53 4th term $18.88 $17.72 5th term $18.06 $18.96 SUPPLEMENTS PER HOUR 1st term $7.55 $7.90 Page 58 DISTRICT 4 I I I I I I I I I I I I I Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County 2nd term $7.55 $7.90 3rd term $7,55 $7.90 4th term $7.55 $7.90 5th term $7.55 $7.90 4-200 Maintance pi~mber 0510112009 JOB DESCRIPTION Plumber DISTRICT 4 I I I I I I ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: Plumber 07/01/2008- 11/01/2008 10/31/2008 $ 46.98 $ 47.73 SUPPLEMENTAL BENEFITS Per Hour: Plumber $ 24.68 $ 25.43 I I I I30% OVERTIME PAY See (A, O, V) on OVERTIME PAGE CODE "V" is only for SUNDAYS and HOLIDAYS WORKED HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 15, 16, 25)on HOLIDAY PAGE REGISTERED APPRENTICES One(1 ) Year Terms at the following percentage of Plumbers Rate: 1st Term 2nd Term 3rd Term 40% 5O% ISupplemental Benefits per hour: 07/01/2008- 10/31/2008 11/01/2008 I 1st Term $12.89 $12.89 2nd Term 15.14 15.14 3rd Term 16.78 16.78 4th Term 17.78 17.78 I 5th Term 18.78 19.28 4th Term 5th Term 6O% 7O% 4-200 IRoofer JOB DESCRIPTION Roofer DISTRICT 4 05101/2009 I I I I ENTIRE COUNTIES Nassau, Suffolk WAGES Rate Per Hour Roofer/Waterproofer 07/01/2008- 09/30/2008 $ 37,75 10/01/2008 addl. $2.50 Page 59 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County SUPPLEMENTAL BENEFITS Per Hour: RooferANaterproofer 07/01/2008- 09/30/2008 $ 22.62 10/01/2008 22.62 OVERTIME PAY Per Hour: NEW ROOF SEE (B,E,Q) RE-ROOF SEE (B,E,E2,Q) HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 13, 16, 25) on HOLIDAY PAGE REGISTERED APPRENTICES (1) Year terms at the following pecentage of Roofers/Waterproofers Wage 1st 2nd 3rd 4th 40% 50% 70% 80% Supplemental Benefits per hour: 1st Term $ 2.00 2nd Term 6.00 3rd Term 12.35 4th Term 17.31 4-154 Sheetmeta! Worker 05101/2009 JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2008- 07/31/2008 Sheetmetal Worker $ 43.69 DISTRICT 4 08/01/2008- 02/01/2009 01/31/2009 $ 45.44 $ 46.44 For Temporary Operation or Maintenance of Fans is 80% of Above Wage Rate SUPPLEMENTAL BENEFITS Per Hour: 07101/2008- 07/31/2008 08/01/2008- 02/01/2009 01/31/2009 Sheetmetal Worker $ 35.26 $ 35.26 $ 36.01 OVERTIME PAY See (A, O) on OVERTIME PAGE For Fan Maintenance See Codes B & O HOLIDAY Paid: See (1) on HOLIDAY PAGE Overtime: See (5, 6, 11, 15, 16, 25, 26) on HOLIDAY PAGE Page 60 I I I I I I I I I I l I I I I I I I I Prevailing Wage Rates for 07/0112008 - 06/30/2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County REGISTERED APPRENTICES Per Hour: (1/2) Year Terms at the following percentage of journeyman's hourly wage: 1st 2nd 3rd 4th 30% 35% 40% 45% 5th 6th 7th 8th 50% 55% 60% 70% Supplemental Benefits per hour: 1st Term $14,41 2nd Term 16.25 3rd Term 17.84 4th Term 19.44 5th Term 21.01 6th Term 22.48 7th Term 24.41 8th Term 28.19 4-28 Sheetmetal Worker 0510112009 ,JOB DESCRIPTION Sheetmetal Worker ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester WAGES Per Hour: 07/01/2008- 07/16/2008 07/1512008 SIGN ERECTOR $36.80 $38.25 DISTRICT 9 *NOTE: Overhead Highway Signs and Structurally Supported Signs (See IRON WORKER CLASS) SUPPLEMENTAL BENEFITS PER HOUR 07/01/2008- 07/15/2008 07/16/2008 $23.59 25.20 OVERTIME PAY See (A, F, S) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 11, 12, 16, 25) on HOLIDAY PAGE Overtime: See (5.6, 10.11, 12, 16.25) on HOLIDAY PAGE REGISTERED APPRENTICES Wage per hour: 07/01/2008 Half (1/2) year terms at the following rate(s): I st 2nd 3rd 35% 40% 45% 6th 7th 8th 60% 65% 70% Supplemental Benefits per hour paid: Half (1/2) year terms at the following dollar amount 4th 50% 9th 75% 5th 55% 10th 8O% 07/01/2008- 07/15/2008 07/16/2008 Page 61 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor · Last Published on May 01 2009 PRC Number 2009005039 Suffolk County 1st $6.77 $7.21 2nd $7.67 $8.17 3rd $8.58 $9.14 4th $9.47 $10.10 5th $12,79 $13,58 6th $14.66 $15.41 7th $15.84 $16.65 8th $17.04 $17,92 9th $18.65 $19.59 10th $20.19 $21.19 9-137-SE I I I Steamfitter 0510112009 JOB DESCRIPTION Steamfitter DISTRICT 9 ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour 07/01/2008 Steam Fitter $ 45.67 Sprinkler Fitter 45.67 For Work on Temporary Heat & Air Conditioning 34.32 SUPPLEMENTAL BENEFITS Per Hour Steamfitter $ 39.88 Sprinkler Fitter 39.88 (For Work on Temporary Heat & Air conditioning). $ 29.02 OVERTIME PAY See (C, *D, O, V) on OVERTIME PAGE (*D) ON ALL HVAC AND MECHANICAL CONTRACTS THAT DO NOT EXCEED $15,000,000.00 and ON ALL FIRE PROTECTION/SPRINKLER CONTRACTS THAT DO NOT EXCEED $1,500,00.00 HOLIDAY Paid: Over[ime: REGISTERED APPRENTICES Wages per hour worked: ( I ) year terms at the following percentage of Journeyman's wage. Apprentices: 1st 2nd 40% 50% Suppelmental Benefits: (1) year term at the following dollar amounts: Apprentices: 1st 2nd 07/01/2007 $15.79 $19.53 See (1) on HOLIDAY PAGE See (5, 6, 11, 15, 16, 25) on HOLIDAY PAGE 3rd 4th 5th 65% 80% 85% 3rd 4th 5th $25.15 $30.75 $32.63 9-638A-StmSpFtr Steamfitter 05/0'1/2009 I I I I I I I i I I I I JOB DESCRIPTION Steamfitter ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk Page 62 DISTRICT 9 ! ! I Prevailing Wage Rates for 0710112008 - 06~30~2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 Suffolk County I I I I I I WAGES Per Hour: 07/01/2008 Steamfitter/Maintance $ 32.45 Refrigeration, NC, Oil Burner and Stoker Service and Installations, limited on Refrigeration to combined compressors up to five (5) horsepower, and on NC Heating and Air Cooling to combined compressors up to ten (10) horsepower. SUPPLEMENTAL. BENEFITS Per Hour 07/01/2008 Steamfitter/Maintance $ 7.71 OVERTIME PAY OVERTIME:....See ( B, E, Q*, S** ) on OVERTIME PAGE. HOLIDAY HOLIDAY: Paid: ........ See ( 2, 6, 9, 10, 11, 15, 17, 26,Memorial Day)on HOLIDAY PAGE. Overtime:.... * ( 2, 6, 9, 15, 17 ) · * ( 10, 11, 26, Memorial Day ) 9-638B-StmFtrRef I I I I I I I I Survey Crew Consu tinp 0510112009 DISTRICT 9 JOB DESCRIPTION Survey Crew Consulting ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Putnam, Queens, Richmond, Suffolk, Westchester PARTIAL COUNTIES Dutchess: Only the portion south of the north city line in Poughkeepsie. WAGES Feasibility and preliminary design surveying, line and grade surveying for inspection or supervision of construction when performed under a Consulting Engineer agreement. Categories cover GPS & underground surveying. WAGES: (per hour) 07/01/2007 Survey Rates: Party Chief ..... $ 29.82 Ihstrument Man.. $ 25.01 Rodman .......... $ 21.95 SUPPLEMENTAL BENEFITS (per hour paid) Joumeyman ...... $11.70 OVERTIME PAY OVERTIME:.... See ( B, E*, Q, V ) ON OVERTIME PAGE. *Doubletime paid on the 9th hour on Saturday. HOLIDAY Paid: See (5, 6, 7, 11, 16) on HOLIDAY PAGE Overtime: See (5, 6, 7, 11, 16) on HOLIDAY PAGE 9-15dconsult I TeamSter- Building 0510112009 ! ! JOB DESCRIPTION Teamster- Building ENTIRE COUNTIES Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk WAGES Per Hour: 07/01/2008 Truck Driver, Chauffeur DISTRICT 4 Page 63 · Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor · Last Published on May 01 2009 PRC Number 2009005039 Suffolk County Trailers $ 26.33 Straight Jobs 26.03 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 Ali Classifications $19.20 OVERTIME PAY See (B, L S, Sl) on OVERTIME PAGE HOLIDAY Paid: See (5, 6, 7, 8, 11, 12, 26) on HOLIDAY PAGE Employee must work Two(2) Days in Holiday Week 4-282 I I I Teamster - Delivery of Asphalt & Concrete JOB DESCRIPTION Teamster- DeliveryofAsphalt & Concrete ENTIRE COUNTIES Nassau, Suffolk WAGES Per Hour: 07/01/2008 DISTRICT 4 05/01/2009 ! ! "TRUCK DRIVER" Asphalt Delivery $ 32.885 Concrete Delivery 32.885 ADDITIONS Per Day: Three(3) Axle Tractors and Trailers: $10.00 Heavy Equipment and Tag-Along Trailers: 10.00 Boom Truck Drivers: 8.00 SUPPLEMENTAL BENEFITS Per Hour: 07/01/2008 "TRUCK DRIVER" All Classifications $ 27.05 OVERTIME PAY See (B, E, Q, R, T) on OVERTIME PAGE (NOTE) PREMIUM PAY of 25% on straight time hours for New York State D.O.T. and or other GOVERNMENTAL MANDATED off shift work. HOLIDAY Paid: See (5, 6, 11, 12, 15, 25) on HOLIDAY PAGE Overtime: See (11, 12, 15, 25) on HOLIDAY PAGE Employee must Work TWO(2) Days in Holiday Week. 5,6,13 Paid at Triple if Worked. 4-282ns Welder 0510112009 I I I I I i I I JOB DESCRIPTION Welder DISTRICT 1 ENTIRE COUNTIES Albany AIlegany Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Ham ton, Herk mer, Jefferson, Kings, Lewis, Livingston, Madison, Monroe, Montgomery, Nassau, New York, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Queens, Rensselaer, Richmond, Rockland, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Westchester, Wyoming, Yates WAGES Per hour 07/01/2008 Welder (To be paid the same rate of the mechanic performing the work) Page 64 I I I I Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Suffolk County I I I I I I I I I I I I ! I I I I I I OVERTIME PAY HOLIDAY 1-As Per Trade Page 65 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Ovedime Codes Fo owing is an explanation of the coders) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be lis[ed in the HOLIDAY sect on. (A) (AA) (B) (B1) (B2) (c) (ct) (D) (D1) (E) (El) (E3) ( E2 ( E4 (F (G (H (~) (J (K (L (M (N (o P Q R S S1 Time and one half of the hourly rate after 7 hours per day Time and one half of the hourly rate after 7 and one half hours per day Time and one half of the hourly rate after 8 hours per day Time and one half of the hourly rate for the 9th & 10th hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours Time and one half of the houdy rate after 40 houm per week Double the houdy rate after 7 hours per day Double the houdy rate after 7 and one half hours per day Double the houdy rate after 8 hours per day Double the houdy rate after 9 hours per day Time and one half of the hourly rate on Saturday Time and one half 1st4 hours on Saturday Double the houdy rate ali additional Saturday hours Belween November 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather, provided a given employee has worked between 16 and 32 hours that week Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather Time and one half of the houri, rate on Saturday and Sunday Time and one half of the houri ~ rate on Saturday and Holidays Time and one half of the houd ~ rate on Saturday, Sunday, and Holidays Time and one half of the houd ~ rate on Sunday Time and one half of the houd ~ rate on Sunday and Holidays Time and one half of the houri f rate on Holidays Double the houdy rate on Saturday Double the houdy rate on Saturday and Sunday Double the houdy rate on Saturday and Holidays Double the hourly rate on Saturday, Sunday, and Holidays Double the hourly rate on Sunday Double the hourly rate on Sunday and Holidays Double the hourly rate on Holidays Two and one half times the houdy rate for Holidays, if worked Two and one half times the houdy rate the first 8 hours on Sunday or Holidays One and one half times the houdy rate all additional hours. Triple the houdy rate for Holidays, if worked Page 66 I I I I I I I I I I I ! I I I I I I Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Last Published on May 01 2009 Published by the New York State Department of Labor PRC Number 2009005039 I I I I I I I I I I I I I I I I I I ( U ) Four times the houdy rate for Holidays, if worked ( 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 WORKED,for each hour worked, unless otherwise noted Page 67 Prevailing Wage Rates for 07/01/2008 - 06/30/2009 Published by the New York State Department of Labor Last Published on May 01 2009 PRC Number 2009005039 Holiday Codes PAID Holidays: Pa d Ho days are days for wh ch an eligible employee receives a regular day's pa~/, but is not required to perform work. if an employee works on a day listed as a paid holiday, this remuneration is in addition to paymen, of the required preva mg rate for the work actually performed. OVERTIME Holiday Pay: Overt me ho day pay s the premium pay that is reguired for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The apphcable 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 exp anat on of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holidays as listed below are to be paid at the wage rates at which the employee is normat y c ass f ed. ( 1 ) None ( 2 ) Labor Day ( 3 ) Memorial Day and Labor Day ( 4 ) Memorial Day and July 4th ( 5 ) Memodal Day, July 4th, and Labor Day ( 6 ) New Year's, Thanksgiving, and Christmas ( 7 ) Lincoln's Bidhday, Washington's Birthday, and Veterans Day ( 8 ) Good Friday ( 9 ) Lincoln's Birthday ( 10 ) Washington's Birthday ( 11 ) Columbus Day ( 12 ) Election Day ( 13 ) Presidential Election Day ( 14 ) 1/2 Day on Presidential Election Day ( 15 ) Veterans Day ( 16 ) Day after Thanksgiving ( 17 ) July 4th ( 18 ) 1/2 Day before Christmas ( 19 ) 1/2 Day before New Years ( 20 ) Thanksgiving ( 21 ) New Year's Day ( 22 ) Christmas ( 23 ) Day before Christmas ( 24 ) Day before New Year's ( 25 ) Presidents' Day ( 26 ) Martin Luther King, Jr. Day Page 68 I I I I I I I I I I I I I i I I I I  BUREAU OF PUBLIC WORK I STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 ~i= REQUEST FOR WAGE AND SUPPLEMENT INFORMATION: REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW aX (518) 485-1870 or mail this form for new schedules or for determination for additional occupations. THIS FORM MUST BE TYPED IBMITTED BY: r-I CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE DATE: (CHECK ONE) [] ARCHITECT OR ENGINEERING FIRM ..PUBLIC WORK CONTRACT TO BE LET BY: Data Pedaining to Contracting Agency) (Enter 1. Name and complete address ( [] check if new or change): 2. NY State Units (see item 5) ! ! e~_lephone: ( ) Mail: Fax: ( ) 3. SEND REPLY TO ([] check if new or change) Name and complete address: ielephone: ( ) Fax:( B. PROJECT PARTICULARS I' Project Title Description of Work I Contract Identification Number Note: For NYS units, the OSC Contract No. Ir. Nature of Project - Check One: [] 1. New Building [] 2. Addition to Existing Struclure I 3. Heavy and Highway Construction (New and Repair) I~ 4. New Sewer or Waterline [] 5. Other New Construction (Explain) [] 6. Other Reconstruction, Maintenance, Repair or Alteration [] 7. Demolition [] 8. Building Service Contract · Name and Title of Requester [] 01 DOT [] 02 OGS [] 03 Dormitory Authority [] 04 State University Construction Fund [] 05 SUNY/Colleges [] 06 Mental Hygiene Facilities Corp. [] 07 OTHER N·Y. STATE UNIT [] 08 City [] 09 Local School District [] 10 Special Local District, i.e., Fire, Sewer, Water Distdct [] 11 Village [] 12 Tow~ I-I 13 County [] 14 Other Non-N.Y. State (Describe) 4. SERVICE REQUIRED. Check appropriate box and provide project information. [] New Schedule of Wages and Supplements. IAPPROXIMATE BID DATE: I [] Additional Occupation and/or Redetermination PRC NUMBER ISSUED PREVIOUSLY FOR I~ I OFFICE USE ONLY THIS PROJECT: I I 6. Location of Project: Location on Site Route No/Street Address Village or City Town OCCUPATION FOR PROJECT: [] Construction(Building, Heavy [] Guards, Watchmen Highway/Sewer/Water) [] Janitors, Porters, Cleanem [] Tunnel [] Moving furniture and [] Residential equipment [] Landscape Maintenance [] Trash and refuse removal [] E~evator maintenance [] Window cleaners [] Exterminators, Fumigators [] Other (Describe) Signature ~Locali[y Designations: ! ! PW-39 (03- 07) .I I . OFFICE USE ONLY I I. . I I SEE PAGE TWO FOR LAWS RELATING TO PUBLIC WORK CONTRACTS I I I I I I I I I I I I I I I I I I NEW YORK STATE DEPARTMENT OF LABOR Bureau of Public Work - Debarment List LIST OF EMPLOYERS INELIGIBLE TO BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT Under Article 8 and Article 9 of the NYS Labor Law, a contractor, sub-contractor and/or its successor shall be debarred and ineligible to submit a bid on or be awarded any public work or public building service contract/sub-contract with the state, any municipal corporation or public body for a period of five (5) years from the date of debarment when: · Two (2) final determinations have been rendered within any consecutive six-year (6) period determining that such contractor, sub-contractor and/or its successor has WILLFULLY failed to pay the prevailing wage and/or supplements · One (1) final determination involves falsification of payroll records or the kickback of wages and/or supplements NOTE: The agency issuing the determination and providing the information, is denoted under the heading 'Fiscal Officer'. DOL = NYS Dept. of Labor; NYC = New York City Comptroller's Office; AG = NYS Attorney General's Office; DA -- County District Attorney's Office. A list of those barred from bidding, or being awarded, any public work contract or subcontract with the State, under section 141-b of the Workers' Compensation Law, may be obtained at the following link, on the NYS DOL Website: https:lldbr.labor.state.ny.uslEDL st/searchPa.qe.do I Page 1 of 8 DOL DOL ..... 3569 BEN-ZVY ENTERPRISES INC. 19 WEST STREET 02/22/2005 02/22/2010 SPRING VALLEY NY 10977 DOL DOL BERNADE~-rE GORMALLY 250 KNEELAND AVENUE 07/09/2007 07/09/2012 YONKERS NY 10705 DOL NYC BERNARD COHNEN 193 HARWOOD PLACE 05/14/2008 05/14/2013 PARAMUS NJ 07652 DOL DOL ..... 5455 BEST OF FRIENDS OF 425 HAMILTON STREET O1/24/2006 01/24/2011 SCHENECTADY CONSTR CO SCHENECTADY NY 12305 DOL DOL .... '9890 BE3~Y JOE FRAZIER NOBLE 23960 WHITE ROAD 02/14/2008 02/14/2013 CONSTRUCTI WATERTOWN NY 13601 ON GROUP DOL DOL ..... 0818 BLASTEC INC MILLER 121 LINCOLN AVENUE 02~1/2008 02/21/2013 SANDBLAST] ROCHESTER NY 14611 NG & PAINT~NG DOL DOL ..... 8501 BLOCKHEAD CONCRETE & P O BOX 71 09/03/2008 09/03~013 PAVING INC CHEEKTOWAGA NY 14225 DOL .DOL ..... 4311 C & F SHEET METAL CORP 201 RICHARDS STREET 02/25/'2009 02/24/2014 BROOKLYN NY 11231 DOL DOL ..... 0289 C J H INC 22 SLACK HAWK ROAD 06/10/2005 06/10/2010 PINE BUSH NY 12566 DOL OOL ..... 9286 CALl BROTHERS INC 1223 PARK STREET 09/12/2C~7 09/12/2012 PEEKSKILL NY 10566 DOL NYC ..... 4437 CAPPRY CONTRACTING 1081 CONEY ISLAND AVENUE 02/09/2006 02/09/2011 MGMT, CORP BROOKLYN NY 11230 DOL DOL *'*°'9721 CATENARY CONSTRUCTION 112 HUDSON AVENUE 02/14/2006 02/14/2011 CORP ROCHESTER NY 14605 DOL DOL CHARLES MARANGOUDAKIS 25 WCODHILL LANE 08/16/2005 08/16/2010 MANHASSEST NY 11030 DOL DOL CHARLES MURDOUGH 203 KELLY DRIVE 03/26/2008 03/26/2013 EAST AURORA NY 14052 DOL OOL CHESTER A BEDELL 1233 WALT WHITMAN ROAD 04/29/2008 04/29/2013 MELVILLE NY 11747 DOL DOL CHRISTINA J HOEK 22 BLACK HAW ROAD 06/10/2005 06/10/2010 PINE BUSH NY 12566 DOL DOL CHRISTOPHER NICHOLSON 91 NEWMAN PLACE 10/19/2006 10/19/2011 BUFFALO NY 14210 DOL DOL ..... 5329 CNY MECHANICAL P O BOX 250 11/06/2008 11/06/'2013 ASSOCIATES INC EAST SYRACUSE NY 13057 DOL AG ..... 7344 CCLUMBUS GENERAL 914 NEWKIRK AVENUE 12/16/2004 12/16/2009 CONSTRUCTION INC BROOKLYN NY 11230 DOL DOL ..... 6866 COMMERCIAL SYSTEM 91 NEWMAN PLACE 10/19/2006 10/19/2011 CONSTRUCTION BUFFALO NY 14210 DOL AG ..... 0033 CORINTHIAN 372 NORTH MAIN STREET 12/24/2004 12/24/2009 CONSTRUCTION CO INC LODI NJ 07644 DOL DOL ..... 7794 CRAIN CONSTRUCTION ONE KINDERHAMACK ROAD 16/02/2008 10~2/2013 COMPANY INC HACKENSACK NJ 07061 DOL DOL CRAIN CONSTRUCTION OF ONE KINDERHAMACK ROAD 10/02/2008 19/02/2013 NEW JERSEY HACKENSACK NJ 07061 DOL DOL CRAIN CONSTRUCTION OF C/O CRAIN CONSTRUCTION 16/02/2008 10/92/2013 NEW YORK INC CO ONE KINDERHAMACK ROADHACKENSACK NJ 07061 DOL ~OL CRAIN CONTRACTING ONE KINDERHAMACK ROAD 10/02/2008 10/02/2013 COMPANY HACKENSACK NJ 07061 DOL NYC ..... 8777 CROSSLAND ELECTRICAL 846 EAST 52ND STREET 12/19/2008 12~29/2013 SYSTEMS INC BROOKLYN NY 11203 DOL DOL ..... 0115 CROW AND SU3-FON 949 GROVESIOE ROAD 08/27/2008 08/27/2013 ASSOCIATES INC BUSKIRK NY 12028 DOL DOL ..... 4266 CRYSTAL INTERIOR 922 CRESCENT STREE~ O5/21/2008 05/21/2013 CONTRACTING INC BROOKLYN NY 11206 DOL OOL ..... 6339 D J FLOORS [NC 9276 VtA CiMATO DR~VE 08/29/2007 08/29/2012 CLARENCE CENTER NY 14032 DOL DOL D JAMES SUTTON 949 GROVESIDE ROAD 08/27/2008 08/27/2013 BUSKIRK NY 12028 DOL DOL DEANNA J REED 5900 MUD MILL RD-BOX 649 09/02/2C~)8 09/02/2013 BREWERTON NY 13029 DOL DOL '*'"3012 DECKMAN PAINTING 154 POND VIEW PARKWAY 04/16/2007 64/16/2012 ROCHESTER NY 14612 DOL OOL ..... 6971 DELPHI PAINTING AND 1445 COMMERCE AVENUE 10/09/2007 10/~)9/2012 DECORATING INC BRONX NY 10461 DOL DOL ..... 7523 DEPOALO AND SON BLDG 296 MORRIS ROAD 07/12/2004 07/12/2009 CONTRACTORS INC SCHENECTADY NY 12303 DOL DOL DESMOND CHARLES 922 CRESCENT STREET 05/21/2008 05/21/2013 BROOKLYN NY 11208 DOL DOL ..... 7157 DG PIPELINE INC 312 HALSEYVILLE ROAD 09/06/2006 09/06/2011 ITHACA NY 14850 DOL DOL ..... 3218 DIAMOND"D' 5270 TRANSIT ROAD 12/14/2005 12/14/2010 CONSTRUCTION CORP DEPEW NY 14043 DOL DOL DIMITEIUS KASSIMIS 152~5 11TH AVENUE 05/22/2008 05/22/2013 WHITESTONE NY 11357 Page 2 of 8 DOL DOL ..... 3364 DJH MECHANICAL 155 KINGSBRIDGE ROAD 02/01/2006 02/01/2011 ASSOCIATES LTD EAST MOUNT VERNON NY 10552 DOL DOL DOMINIC ANTONUCCI 1939 TOWN LINE ROAD 10/18/2004 10/18/2009 HILTON NY 14468 DOL DOL ..... 5881 DON ADAMS ROOFING INC 472 COMMERCE STREET 12~7/2005 1~7/2010 HAWTHORNE NY 10532 DOL DOL DONALD SCHWENDLER 9276 VIA CIMATO OR~VE 08/29/2007 08/29/2012 CLARENCE CENTER NY 14032 DOL DOL ..... 6148 DOT CONSTRUCTION OF NY 765 BRADY AVE * APT 631 05/21/2008 05/21/2013 INC BRONX NY 10462 DOL OOL DOUGLAS MCEWEN 121 LINCOLN AVENUE 02/21/2008 02/21/2013 ROCHESTER NY 14611 DOL DOL DOUGLAS S GRIFFEN 312 HALSEYVlLLE ROAD 09/06/2006 09~6/2011 ITHACA NY 14850 DOL DOL *'**'1693 E GREEN RESTORATION & 117 HAWLEY STREET 06/21/2004 06/21/2009 ROOFING INC BINGHAMTON NY 13901 DOL OOL EDWARD SUBEH 1 CHELSEA COURT 10/06/2008 10/06/2013 ATLANTIC CITY NJ 08401 DOL DOL ..... 3554 ELITE BUILDING 34-08 PARKWAY DRIVE 07/01/2008 07/21/2013 ENTERPRISES INC BALDWIN NY 11510 DOL DOL ELIYHU BENYAMIN 303 TEN EYCK STREET 03/05/2005 03~0/2010 BROOKLYN NY 11206 DOL AG ..... 3233 EMEIS & EMEIS GENERAL 131 47TH STREET 01/25/2007 01/25/2012 CONTRACTING CORP BROOKLYN NY 11232 DOL DOL ..... 0780 EMES HEATING & PLUMBING 5 EMES LANE 01/20/2002 01/20/3002 CONTR MONSEY NY 10952 DOL COL ..... 5677 ENVlROOLEAN SERViCEs 4245 UNION ROAD - STE 210 09/07/2004 09/07/2009 LLC BUFFALO NY 14225 DOL DOL EREZ BEN-ZVY 19 WEST STREET 02/22/2005 02/22/2010 SPRING VALLEY NY 10977 DOL DOL ESCO INSTALLERS LLC 1 CHELSEA COURT 10/0E~2008 16/06/2013 ATLANTIC CITY NJ 08401 DOL DOL ..... 0329 FAULKS PLUMBING HEATING 3 UPTON STREET 06/10/2CO8 06/10/2013 & AiR CONDITIONING INC HILTON NY 14468 Page 3 of 8 DOL DOL ..... 8904 HALLOCKS CONSTRUCTION P O BOX 278 12/01/2008 12/01/2013 CORP YORKTOWN HEIGHTS NY 10598 DOL AG HARRISON JARVIB 132 W 129TH ST - STE 4W 08/12/2004 08/12/2009 NEW YORK NY 10027 DOL DOL ..... 0080 HI-AMP ELECTRICAL 265-12 HILLSIDE AVENUE 02/15/2008 02/15/2013 CONTRACTING CORP FLORAL PARK NY 11004 DOL AG ..... 1841 HOWARD K ENTERPRISE INC 219~)2 NORTHERN 04/14/2005 04/14/2010 BOULEVARD FLUSHING NY 11361 DOL AG HOWARD KlM 75 WEST EOSALL 04/14/2005 04/14/2010 BOULEVARD PAL[SADES PARK NJ DOL DOL lES ENVIRONMENTAL INC 1655 ELMWOOD AVENUE 10/05/2004 19/~5/2009 CRANSTON RI 02910 DOL DOL ..... 6293 IMPRESSIVE CONCRETE 264A SUBURBAN AVENUE 12/18/2007 12/18/2012 CORP DEER PARK NY 11729 DOL DOL ..... 8898 IN-TECH CONSTRUCTION 8346 BREWERTON ROAD 07/06/2007 07K)6/2012 INC CICERO NY 13039 DOL NYC ..... 7728 INTEGRITY CONSTRUCTION 7615 MYRTLE AVENUE 02/15/2007 02/15/2012 & CONSULTING SERVS GLENDALE NY 11385 DOL DOL ..... 8266 INTERNATIONAL 2 STAFFORD COURT 10/05/2004 10/~5/2009 ENVIRONMENTAL CRANSTON RI 02920 RESOURCES OOL DOL ..... 8266 INTERNATIONAL INTERNAT~ON 2 STAFFORD COURT 10/05/2004 10~)5/2009 ENVIRONMENTAL SERVICES AL CRANSTON RI 02920 INC ENVIRONMEN TN_ RESOURCES DOL DOL **'**0488 INTERWORKS SYSTEMS, 1233 WALT WHITMAN ROAD 04/29/2008 04/29/2013 INC. MELVILLE NY 11747 DOL DOL iVAN TORRES 11 PLYMOUTH ROAD 02/15/2008 02/15/2013 DIX HILLS NY 11746 DOL AG '*'**0663 J B C CONTRACTING CO., 346 PROSPECT AVE- 1 ST FL i 03~3/2005 03/23/2010 INC. BRCOKLYN NY 11215 DOL AG ..... 0280 J B C CONTRACTING 346 PROSPECT AVE. - 1 ST F; 03/23/2005 03/23/2010 COMPANY BROOKLYN NY 11215 DOL DOL ..... 4003 J BARR CONSTRUCTION 119-51 METROPOLITAN AVE 12/14/2004 12/14/2009 CORP BROOKLYN NY 11415 DOL DOL ..... 7357 J C MCCASHION 84 FREDERICKS AVENUE 04/13/2006 04/13/2011 CONSTRUCTION INC ALBANY NY 12205 DOL DOL JAMES NEY JR 1655 ELMWOOD AVENUE 10/05/2004 10/05/2009 CRANSTON RI 02910 DOL AG ..... 1562 JANS GENERAL 131 47TH STREET 01/25/2007 01/25/2012 CONSTRUCTION CORP. BROOKLYN NY 11232 DOL DOL JASON ASBURY 22562 SEA BASS DRIVE 10/10/2007 10/10/2012 BOCA RATON FL 33498 DOL DOL JAY MEYER 239 MARSH DRIVE 02~20/2007 02/20/2012 DEWIer NY 13214 DOL DOL JEANETrE CALICCHIA 1223 PARK STREET 09/12/2007 09/12/2012 PEEKSKILL NY 10566 DOL DOL JOHN B DUGAN 121 LINCOLN AVENUE 02/21/2008 02/21/2013 ROCHESTER NY 14611 DOL DA JOHN BIAS 153 BAYWOODS LANE 03/19/2007 03/19/2012 BAY SHORE NY 11706 DOL AG JOHN BRADFORD 6614 FURNACE ROAD 12J22/2004 12/22./2009 ONTARIO NY 14519 DOL NYC JOHN MARl JR 278 ROBINSON AVENUE 04/06/2008 04/06/2013 NEW YORK NY 10312 DOL NYC JOHN O'SH EA 4350 BULLARD AVENUE 01/28/2008 01/28/2013 RRONX NY 10466 DOL DOL ..... 5970 JOHN PREVETE FRAMING JOHN 320 RIDGE ROAD 03/26/2008 03/26/2013 AND JOHN PREVETE PREVETE WEST MILFORD NJ 07480 FRAMING INC DOL DOL JOHN SAN SEVERE C/O CRAIN CONSTRUCTION 10/O2/2008 10/02/2013 CO ONE KINDERHAMACK ROADHACKENSACK NJ 07061 DOL DOL JOSE DOS SANTOS JR 85~8 60TH AVENUE 11/21/2008 11/21/2013 ELMHURST NY 11373 DOL DOL JOSEPH CALICCHIA 1223 PARK STREET 09/12/2007 09/12/2012 PEEKSKILL NY 10566 DOL DOL JOSEPH DIPIZIO 5270 TRANSIT ROAD 12/14/2005 12/14/2010 DEPEW NY 14043 DOL DOL ..... 1763 JR RESTORATION & 152~5 11TH AVENUE 05/22/2008 05/22~2013 ROOFING INC WHITESTONE NY 11357 OOL NYC JRC ARIS ELECTRIC 516 EAST 51BT STREET 09/10/2004 09/13/2009 CONTRACTORS BROOKLYN NY 11236 DOL NYC ..... 9418 JRC ELECTRIC CONTROL 516 EAST 51ST STREET 09/13/2004 09/13/2009 SERVICE, INC. BROOKLYN NY 11236 DOL DOL JULIUS AND GITA BEHREND 5 EMES LANE 11/20/2002 11/20/3002 MONSEY NY 10952 DOL DOL ..... 9422 JUNKYARD CONSTRUCTION 2068 ANTHONY AVENUE 12/26/2007 12/26/2012 CORP. BRONX NY 10457 ! ! Page 4 of 8 I DOL DOL ..... 3810 K M MARTELL 57 CROSS ROAD 06/25/2007 0~/25/2012 CONSTRUCTION, INC MIDDLETOWN NY 10940 DOL DOL ..... 9993 K M R ENTERPRISES 10 STUFFLE STREET 12/20/2006 1E/20/2011 CROPSEYVILLE NY 12052 DOL DOL ..... 8648 K-STAR CONSTRUCTION 42 48 161ST STREET 12/11/2006 12/11/2011 CORP FLUSHING NY 11358 DOL NYC KAZIMIERZ KONOPSKI 194 ASHLAND PLACE 03/06¢2008 03,96/2013 BROOKLYN NY 11217 DOt_ AG KEFCAL CONSTRUCTION, 131 47TH STREET 01/25/2007 01/25/2012 INC. BROOKLYN NY 11232 DOL NYC ..... 4923 KELLY'S SHEET METAL, INC. 1426 ATLANTIC AVENUE 12~0/2007 12/28/2012 BROOKLYN NY 11216 DOL DOL KEMPTON MCINTOSB 8531 AVENUE B 12/16/2008 12/16/2013 BROOKLYN NY 11236 DOL DOL KENNETH MERZ 62 NEULIST AVENUE 07/17/2004 07/17/2009 PORT WASHINGTON NY 11050 DOL DOL KENNETH W. GRIFFIN 101 LILL STREET 05~1/2006 05~1/2011 ROCHESTER NY 14621 DOL DOL KEVIN MARTELL 57 CROSS ROAD 06/25/2007 06/25/2012 MIDDLETOWN NY 10940 DOL DOL KIND MACHINE DBA KING 11365 CENTER ROAD 04/04/2005 04/04/2010 MACHINE SHERIDAN NY 14135 DOL DOL ..... 4359 KLOEPFER'S FLOOR 248 LEIN ROAD 10/06/2004 10/06/2009 COVERING WEST SENECA NY 14224 DOL AG ..... 3318 KOSMAR CONTRACTING 131 47TH STREET 01/25/2007 01/25/2012 CORP. BROOKLYN NY 11232 DOL DOL KRIS CLARKSON 2484 CATON ROAD 06/20/2007 06~0/2012 CORNING NY 14830 DOL DOL ..... 3496 L & T PLUMBING CORP. 367 VETERANS MEMORIAL 01/11/2005 01/11/2010 HWY COMMACK NY 11725 DOL DOL ..... 5462 LABAR ENTERPRISES OF LABARBERA 2121 EMPIRE BOULEVARD 04/18/2005 04110/2010 ROCHESTER, INC. EXCAVATING WEBSTER NY 14580 INC DOL DOL ..... 5462 LABARBERA EXCAVATING 2121 EMPIRE BOULEVARD 04/18/2005 04/18/2010 INC WEBSTER NY 14580 DOL NYC ..... 8816 LAKE CONSTRUCTION AND 150KINGSSTREET 05/10/1998 08/19/2998 DEVELOPMENT BROOKLYN NY 11231 CORPORATION DOL DOL ..... 9628 LANCET ARCH INC 112 HUDSON AVENUE 02/14/2006 02/14/2011 ROCHESTER NY 14605 DOL DOL LARRY FRANGOS 5752 WEST WEBS ROAD 05/21/2008 05/21/2013 YOUNGSTOWN OH 44515 DOL DOL ..... 0256 LISERTY PAINTING 183 LORFIELD DRIVE 12/08/2005 12~8/2010 COMPANY INC SNYDER NY 14226 DOL AG ..... 5102 LIBERTY TREE SERVICE, INC 563 MUNCEY ROAD 07/14/2008 07/14/2013 WEST ISLIP NY 11795 DOL OOL ..... 6651 LIGHTNING FAST LABOR 150 NORTH CHESTNUT 05/01/2006 05/01/2011 FORCE SERVICES, INC. STREET ROCHESTER NY 14604 DOL DOL ..... 4981 LOBENE PAINTING, [NC. 13 CH EVlOT LANE 10/18/2005 10/18/2010 ROCHESTER NY 14624 DOC AG ..... 4654 LOOK UNDER THE CARPET P O BOX 686 12/15/2005 12/15~2010 SERVICES INC BUFFALO NY 14290 DOL DOL ..... 5953 LPO CONTRACTING ~NC 1205 MCBRIDE AVENUE 08/27/2(;(37 08/27/2012 WEST PA3-~E RSON NJ 07424 DOL DOL '***'3105 LTS CONSTRUCTION INC 24 MILLER STREET 06/3W2004 06~0~00~ ROCHESTER NY 14605 DOL DOL ..... 9875 M & S STRIPING INC 73 INDUSTRIAL PARK BLVD 01/10/2007 01/10/2012 ELMIRA NY 14901 DOL DOL ..... 9688 M K PAINTING INC 4157 SEVENTH STREET 05/14/2007 05/14/2012 WYAN DOT~ MI 48192 DOL AG MANNS CONTRACTING 131 47TH STREET 01/25/2007 01/25/2012 CORP BROOKLYN NY 11232 DOL NYC MANUEL P TOBIO 150 KINGS STREET 08/19/1998 08/19/2998 BROOKLYN NY 14444 DOL NYC MANUEL TOBIO 150 KINGS STREET 08/19/1998 08/19/2998 BROOKLYN NY 11231 DO{. DOL ..... 4543 MARANGOS CONSTRUCTION 59-45 56TH AVENUE 08/16/2005 05/16/2010 CORP MASPETH NY 11378 DOL COL ..... 7694 MAS*ANN MECHANICAL INC 35 REGENCY OAKS BLVD 07/24/2002 01/04/2010 ROCHESTER NY 14624 DOL DOL MA3~REW LOBENE 13 CHEVIOT LANE 10/18/2005 10/18/2010 ROCHESTER NY 14624 DOL DOL MCS PAINTING LIME KILN COURT 01/25/2006 01/25/2011 CONTRACTORS, INC. STONY POINT NY 10980 DOL DOL ..... 0241 MERIT FENCE CO INC 130 OLD ROUTE 6 08/~/2003 02/02~2012 CARMEL NY 10512 DOL AG ..... 1515 MGC RESTORATION 64-58 218TH STREET 01/01/2005 01/01/2010 SERVICES, INC. BAYSIDE NY 11364 DOL AG MICHAEL CAPOUS 64-58 218 STREET 01/01/2CO5 01/01/2010 BAYSlDE NY 11364 Page 5 of 8 DOL DOL MtCHAEL L. KRIVITT-A NORTHEAST 105 PINE STREET * APT 2 06/14/2007 05/14/2012 TECHNOLOGI EAST ROCHESTER NY 14445 ES COL COL MICHAEL STEVENS STEVENS 2458 EAST RIVER ROAD 01/23~008 01/23/2013 TRUCKING CORT[-AND NY 13045 COL COL ..... 0860 M~CRAEL STEVENS STEVENS 2458 EAST RIVER ROAD 01/23/2008 01/23/2013 TRUCKING CORTLAND NY 13045 ~OL COL MICHAEL TAYLOR 66 RYBKA ROAD 03/02/2007 03/02/2012 STUYVESANT FALLS NY 12174 COL COL ..... 0818 MILLER SANDBLASTING AND 121 LINCOLN AVENUE 02/21/2008 02/21/2013 PAINTING ROCHESTER NY 14611 COL COL ..... 4435 MODERN TECH DESIGN & 9151 SOUTHWESTERN SLVD 01/16/2C~6 01119/2011 SERVICES INC ANGOLA NY 14006 COL AG MOHAMMED A. RASHID 914 NEWKIRK AVENUE 13/16~2004 12/16/2009 BROOKLYN NY 11230 COL DOL MOHAMMED ALI ALVl 22~,1 26TH STREET 07/1812008 07/18/2010 APT. 2ASTORIA NY 11102 DOL AG MOHAMMED H. KABIR 200 EAST 77TH STREET 03~20/2005 03/23/2010 BROOKLYN NY 11218 COL COL ..... 6616 MUIR CONTRACTORS 75 ARGYLE AVE * SUITE 28 08/18/2005 08/18/2010 ASSOCIATES INC UNION DALE NY 11553 OOL COL ..... 2251 MURDOUGH DEVELOPMENT 203 KELLY DRIVE 03/26/2008 03/26/2013 CO.. INC. EAST AURORA NY 14052 OOL COL N P K ENTERPRISES 22 BLACK HAWK ROAD 06/10/2005 06/10/2010 PINE BUSH NY 12566 DOL COL ..... 3310 N F K EXCAVATING AND 22 BLACK HAWK ROAD 06/10/2005 06/10/2010 CONSTRUCTION INC PINE BUSH NY 12566 COL COL **'*'7371 N F K LANDSCAPING SUPPLY 22 BLACK HAWK ROAD 06/10/2005 06/10/2010 CORP PINE BUSH NY 12566 COL COL **'*'2213 NEU SS CONSTRUCTION, INC. 1191 ROUTE 9W - SUITE #C6 09/06/2006 09/06/2011 MARLBORO NY 12542 COL COL NICK NITIS 3 ALAN B SHEPARD PLACE 12/11/2006 12/11/2011 YONKERS NY 10705 COL COL ..... 9890 NOBLE CONSTRUCTION 23960 WHITE ROAD 02/14/20D8 02/14/2013 WATERTOWN NY 13601 DOL COL ..... 7771 NORTHEAST 105 PtNE STREET APT. 2 06/14/2007 05/14/2012 TECHNOLOGIES EAST ROCHESTER NY 14445 COL COL ..... 1833 NORTHEASTERN SUPREME 66 BENEDICT STREET 03/02/2007 03/02/2012 FLOOR CO.,INC CASTLETON NY 12033 COL AG ..... 9457 NU-LOOK PAINTING & 151 ~0 7TH AVENUE 06/04/2004 08/04/2009 WALLPAPERING. INC. WHITESTONE NY 11357 DOL DOL ..... 0797 O GLOBO CONSTRUCTION 85~6 60TH AVENUE 11/21F2008 11/21/2013 CORP ELMRURST NY 11373 COL AG ..... 1641 OLYMPIA MECHANICAL 3624 [2TH AVENUE 08/18/2005 06/18/2010 PIPING & HEATING, INC. BROOKLYN NY 11218 COL COL ..... 1803 OMNI CONTRACTING 3 ALAN S. SREPARD PLACE 12/11/2006 12/11/2011 COMPANY, INC. YONKERS NY 10705 COL NYC ..... 3855 OT & TINC 36-28 23RD STREET 01/15/2008 05/14/2013 LONG ISLAND CITY NY 11106 COL AG ****'5133 P&T IRON WORKS 59 PLAIN AVENUE 06/01/2005 06/01/2010 NEW ROCHELLE NY 10801 COL NYC ..... 9833 PARADISE CONSTRUCTION ; 6814 8TH AVENUE 12/03/2007 12-/03/2012 CORP BROOKLYN NY 11220 COL OOL ..... 3039 PARAGON PLATE GLASS, 210 FACTORY STREET 11~7/2006 11/87/2011 INC. WATERTOWN NY 13601 COL COL PATRICK BURNS 19 E. CAYUGA STREET 05/15/2008 05/15/2013 OSWEGO NY 13126 COL COL PATRICK SHAUGHNESSY 88 REDWOOD DRIVE 05/16/2008 06/16/2013 ROCHESTER NY 14617 COL COL PERRY JACOBS 736 SHERMAN DRIVE 12/04/2005 12~4/2010 BOX 8015UTtCA NY 13505 COL AG PETER GOUZOS 131 47TH STREET 01/28/2007 01/28/2012 BROOKLYN NY 11232 COL COL ..... 6164 PE~rIT & PE~TIT INC 7 SCHUYLER STREET 03/21/2CO5 03~1/2010 BELMONT NY 14813 COL COL ..... 5419 PINE VALLEY LANDSCAPE RR 1. BOX 285~B 08/27/2008 08/27/2013 CORP BUSKIRK NY 12028 COL OOL ..... 9167 PRECISION SITE WORK, INC. 736 SHERMAN DRIVE 12/04/2005 12/04/2010 BOX 8015UTICA NY 13505 I I I Page 6 of 8 DOL DOL ..... 1629 R S CONSTRUCTION 571 MILES SQUARE ROAD 04/04/2007 04/04/2012 COMPANY LLC YONKERS NY 10701 DOL AG ..... 2626 RAINBOW RENOVATIONS, 35~4 CRESCENT STREET 08/03/2006 08/03/2011 INC. LONG ISLAND CITY NY 11106 DOL DOL ..... 7294 REDWOOD FLOORING, INC. 88 REDWOOD DRIVE 05/16/2008 05/16/2013 ROCHESTER NY 14617 DOL DOL ROBBYE BISSESAR 89-51 SPRINGFIELD BLVD 01/11/2003 01/11/0003 QUEENS VILLAGE NY 11427 DOL DOL ROBERT DEMONTE 367 VETERANS MEMORIAL 01/10/2005 01/10/2010 HWY COMMACK NY 11725 DOL DOL ROBERT DIMARSICO 1233 WALT WHITMAN ROAD 04/29/2008 04/29/2013 MELVILLE NY 11747 DOL DOL ROBERT O'NANLON 635 MIDLAND AVENUE 07/09/2007 07/09/2012 GARFIELD NJ 07026 DOL DOL ROBERT STEVENSON 571 MILES SQUARE ROAD 04/04/2007 04/04/2012 YONKERS NY 10701 DOL DOL ROBERT W. MET~GAR KING 11365 CENTER ROAD 04/04/2005 04/04/2010 MACHINE SHERIDAN NY 14135 DOL DOL ..... 1721 ROBERTS CONSTRUCTION 5 SANGER AVENUE 01/28/2009 )1/28/2014 OF UPSTATE NEW YORK INC NEW HARTFORD NY 13413 DOL DOL ..... 3467 ROCKERS AND NOCKERS 207 RIVERVlEW ROAD 10/25/2007 16/23~2012 LLC REXFORD NY 12148 DOL DOL ROGER A HOEK JR 22 BLACK HAW ROAD 06/10/2005 06/10/2010 PINE BUSH NY 12560 DOL DOL RONALD R SAVOY C/O CNY P O BOX 250 11/06/2008 11/O6/2013 MECHANICAL EAST SYRACUSE NY 13057 ASSOCIATES INC DOL DOL ROSARIO CARRUBBA 5755 NEWHOUSE ROAD 10/10/2007 10/10/2012 EAST AMHERST NY 14051 DOL DOL RUDOLPH NEUSS 6 FAR HORIZONS DRIVE 09/06/2006 09/06/2011 NEWBURGH NY 12550 DOL AG ..... 2326 RUSMAR ENVIRONMENTAL 703 ATLANTIC AVENUE 12/22/2004 12~2~009 SERVICES CORP. ROCHESTER NY 14609 DOL OOL RUSSELL TUPPER 8346 BREWERTON ROAD 07/06/2007 07/00/2012 CICERO NY 13039 DOL DOL RUTH H SUTTON 939 GROVESIDE ROAD 06/27/2008 0P~27~2019 BUSKIRK NY 12(728 DOL OOL ..... 0066 SAMAR PAINTING & 137 E MAIN STREET 12/01/2008 12/01/2013 DECORATING INC ELMSFORD NY 10523 DOL NYC ..... 0987 SCHWARTZ ELECTRIC 89 WALKER STREET 01/04/2008 01/04/2013 CONTRACTORS INC NEW YORK NY 10013 DOL DOL ..... 6348 SEABURY ENTERPRISES LLC 22562 SEA BASS DRIVE 10/10/2007 10/10/2012 BOCA RATON FL 33428 OOL NYC ..... 8252 SEVERN TRENT 16337 PARK ROW 06/12/2007 06/12/2012 ENVIRONMENTAL SERVICES HOUSTON TX 77084 INC DOL DOL ..... 0415 SIGNAL CONSTRUCTION LLC 199 GRIDER STREET 11/14/2006 11/14/2011 BUFFALO NY 14215 DOL DOL ..... 8469 SIGNATURE SEALSQATING & 345 LIVINGSTON AVENUE 04/04/2(07 04/04/2012 STRIPPING SERVICE JAMESTOWN NY 14702 DO{_ OOL ..... 9397 SKY COMMUNICATIONS, INC. PO BOX 278 02/20/2007 02/20/2012 DEWI~F NY 13214 DOL AG SN CONTRACTING CORP 131 47TH STREET 01/25/2(07 01/25/2012 BROOKLYN NY 11232 DOL AG ..... 7480 SNA CONTRACTING CORP 131 47TH STREET 01/26/2007 01/25/2012 BROOKLYN NY 11232 DOL AG ..... 2738 SNA CONTRACTING CORP. 131 47TH STREET 01/25/2007 01/25/2012 BROOKLYN NY 11232 DOL AG SOLOMON WERZBERGER 56 LYNCREST DRIVE 06/18/2005 06/18/2010 MONSEY NY 10952 DOL DOL ..... 9822 SOUTHWESTERN GENERAL 1586 GOWANS ROAD 10/06/2004 10/08/2009 CONTRACTING INC ANGOLA NY 14006 DOL DOL ..... 0918 SPECTRUM CONTRACTING 875 THIRD AVENUE 12/11/2(06 12/11/2011 GROUP INC NEW YORK NY 10022 DOL AG ..... 1355 SPIRIDON ANTHOULIS 131 47TH STREET 01/25/2(07 01/25/2012 BROOKLYN NY 11232 DOL AG STACEY GOUZOS 131 47TH STREET 01/25/2007 01/25/2012 BROOKLYN NY 11232 DOL DOL ..... 3496 STAR INTERNATIONAL INC 89-51 SPRINGFIELD BLVD 06/11/2003 00/11/~3003 QUEENS VILLAGE NY 11427 DOL NYC ..... 6650 START ELEVATOR 4350 BULLARD AVENUE 01/28/2(08 01/26/2013 CONSTRUCTION, INC. BRONX NY 10466 DOL NYC ..... 3896 START ELEVATOR 4350 BULLARD AVENUE 01/26/2008 01/28/2013 MAINTENANCE, iNC. BRONX NY 10466 DOL NYC ..... 1216 START ELEVATOR REPAIR 4350 BULLARD AVENUE 01/26/2008 01/28~010 INC. BRONX NY 10466 DOL NYC ..... 2101 START ELEVATOR, INC. 4350 BULLARD AVENUE 01/28/2(08 01/28/2013 BRONX NY 10466 DOL DOL STEPHEN BALZER 34/08 PARKWAY DRIVE 07/01/2008 07/01/2013 BALDWIN NY 11510 Page 7 of 8 DOL DOL STEVE J NtCTAS C/O J BARR CONS. 12/14/2004 12/14/2009 119-51 METROPOLITAN AVEJAMAICA NY 11415 DOL DOL STEVE MENZER 62 NEULIST AVENUE 07/17/2C~4 07/17/2009 PORT WASHINGTON NY 11050 DOL DOL STEVE PAPASTEFANOU 1445 COMMERCE AVENUE 10/09/2007 10/09/2012 BRONX NY 10461 DOL AG STEVEN TISCHLER 1465 46TH STREET 08/18/2005 08/18/2010 BROOKLYN NY 11212 DOL DOL ..... 5966 SUPREME SPORT 66 BENEDICT STREET 03/02/2007 03K)2/2012 SURFACES, iNC. CASTLETON NY 12033 DOL DOL ..... 2036 SURACI ENTERPRISES INC 364 BLEAKER ROAD 10/25/2007 10/25/2012 ROCHESTER NY 14609 DOL AG TAD GENERAL 131 47TH STREET 01/25/2007 01/25/2012 CONTRACTORS INC BROOKLYN NY 11232 DOL AG TARCIS~O FERREIRA 151 ~0 7TH AVENUE 08/04/2004 08/04/2009 WHITESTONE NY 11357 DOL AG TF PAINTING CORP. 151~0 7TH AVENUE 08/04/2004 08/04/2009 WHITESTONE NY 11357 DOL DOL THEODORE F FAULKS 18 FIREWEED TRAIL 06/10/2008 06/10/2013 HtLTON NY 14468 DOL DOL THOMAS E. MOONEY 164 WINSLOW STREET 11/07/2006 11/07/2011 WATERTOWN NY 13601 OOL DOL THOMAS GORMALLY 250 KNEELAND AVENUE 07/~g/2007 07/09/2012 YONKERS NY 10705 DOL OOL THOMAS L SMALLS LTS 24 MILLER STREET 06/30/2C~4 06/30/2009 CONSTRUCTI ROCHESTER NY 14605 ON DOL DOL ..... 530~ THOMAS MASONRY & 803 WEST AVE - SUITE 207 08/18/2004 08/18/2009 CONCRETE INC ROCHESTER NY 14611 DOL DOL ..... 3284 THOMAS MASONRY 955 BUFFALO ROAD 08/18/2004 06/18/2009 ENTERPRISE INC ROCHESTER NY 14624 DOL DOL ..... 3983 TOMMASO ALLOCCA 15 PINE AIRE DRIVE 08/01/2005 08/01/2010 BAY SHORE NY 11706 DOL SOL ..... 9640 TROPIC CONSTRUCTION 5945 56TH AVENUE 06/16/2005 06/16/2010 CORP MASPETH NY 11376 DOL DOL ..... 8430 TROPIC ROOFING CORP. 5945 56TH AVENUE 08/16/2005 08/16/2010 MASPETH NY 11376 DOL AG ..... 3868 TWO BY FOUR CARPENTRY 132 W 129TH ST-STE 4W 08/1 ~-~004 06/12/2009 & CONSTR INC NEW YORK NY 10027 DOL NYC ..... 5184 UDDIN USA CORP 663 DEGRAW STREET 05/17/2007 05/17/2012 BROOKLYN NY 11217 DOL AG UN HAK KlM 75 WEST EDSALL 04/14/2005 04/14/2010 BOULEVARD PALISADES PARK NJ DOL OOL ..... 8663 URBAN*SUBURBAN 3 LUCON DRIVE 06/20/2007 06/20/2012 RECREATION INC DEER PARK NY 11728 DOL DA VASILIOS TSIMITRAS 235 91ST STREET 11/27/2006 11/27/2011 BROOKLYN NY 11209 DOL DOL VIRGINIA L CAPONE 137 E MAIN STREET 12/01/2008 12/01/2013 ELMSFORD NY 10523 DOL NYC ..... 5466 VIVA VICTORIA 10317 90TR STREET 0c0/12/2006 0~12/2011 · ENTERPRISES LTD OZONE PARK NY 11417 DOL OOL ..... 0725 W & B MECHANtCAL CORP 303 TEN EYCK STREET 03/05/2005 03/05/2010 BROOKLYN NY 11206 GOL DOL ..... 6854 W J GRINDER ROOFING 1765 MT READ BOULEVARD 10/18/2004 16/18/2009 ROCHESTER NY 14606 DOL DOL ..... 0329 [~VET PAINT CO. OF OSWEG(-* 19 E. CAYUGA STREET 05/15/2008 06/15/2013 INC OSWEGO NY 13126 DOL DOL WHITE AND BLUE SHEET 303 TEN EYCK STREET 02/05F2005 03/05/2010 METAL INC. BROOKLYN NY 11206 DOL DOL ..... 3561 WILEY DEVELOPMENT CO 235 NORTHAMPTON STREET 08/11/2004 06/I 1/2009 INC BUFFALO NY 14208 DOL DOL WILLIAM PUTNAM 50 RIDGE ROAD 09/03/2008 09/03~013 BUFFALO NY 14215 DOL DA WILLIAM TSIMITRAS 235 91ST STREET 11/27/2006 11/27/2011 BROOKLYN NY 11209 DOC DOL WINSTON J. GOINS, SR. 87 MALLING DRIVE 05/01/2006 05/01/2011 ROCHESTER NY 14621 DOL DOL ..... 6118 WlNTECH CONTRACTING INC 1950 E MAIN ST- STE 205A 07/22/2004 07/22/2009 MOHEGAN LAKE NY 10547 DOL AG YANG GENERAL 131 47TH STREET 01/25/2007 01/25/2012 CONTRACTING LTD BROOKLYN NY 11232 DOL AG ..... 0288 YiN CONSTRUCTION LTD 131 47TH STREET 01/25/2007 01/25/2012 BROOKLYN NY 11232 DOL AG ..... 1564 ZARBEN GENERAL 131 47TH STREET 01/25/2007 01/25/2012 CONSTRUCTION I NC BROOKLYN NY 11232 DOL DOL ZEPHENIAH DAVIS 2068 ANTHONY AVENUE 12/26/2007 12/26/2012 BRONX NY 10457 ! ! ! ! Page 8 of 8 I I I I I I I PRIME CONTRACTOR'S CERTIFICATION (NEW YORK STATE LABOR LAW, SECTION 220-a) That 1 am an officer of make this affidavit on behalf of the prime contractor on public contract No. That l fuily comprehend the terms and provisions of Section 220-a of the Labor Law. That, except as herein stated, there are no amounts due and owing to or on behalf of laborers employed on the project by the contractor. (Set forth any unpaid wages and supplements, if none, so state). NAME AMOUNT and am duly authorized to I I I I I 4. That the contractor hereby files every verified statement required to be obtained by the contractor from the subcontractors. That, upon information and belief, except as stated herein, all laborers (exclusive of executive or supervisory employees) employed on the project have been paid the prevailing wages and supplements for their services through , the last day worked on the project by their subcontractor. (Set forth any unpaid wages and supplements, if none, so state and utilize clause 5A (below). NAME AMOUNT I I I I I I I I (5A) That the contractor has no knowledge of amounts owing to or on behalf of any laborers of its subcontractors. 1/06 I I I I I I I I I I I I I I I I I I I In the event it is determined by the Commissioner of Labor that the wages or supplements or both of any such subcontractors have not been paid or provided pursuant to the appropriate schedule of wages and supplements, then the contractor shall be responsible for payment of such wages and supplements pursuant to the provision of Section 223 of the Labor Law. SIGNATURE PRINT NAME TITLE ACKNOWLEDGMENT: STATE OF NEW YORK COUNTY OF SS: On the day of in the year 20__, 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(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public If this affidavit is verified by an oath administered by a notary public in a foreign country other than Canada, it must be accompanied by a certificate authenticating the authority of the notary who administers the oath. (See CPLR Section 2309 (c); Real Property Law, Section 311, 312). I I I I I I I I I I I I I I I I I I SUBCONTRACTOR'S CERTIFICATION (NEW YORK STATE LABOR LAW, SECTION 220-a) That 1 am an officer of a subcontractor on public contract No. and I am duly authorized to make this affidavit on behalf of the firm. That I make this affidavit in order to comply with the provisions of Section 220-a of the Labor Law. That on we received from , the prime contractor, a copy of the initial/revised schedule of wages and supplements Prevailing Rate Case Number (PRC) specified in the public improvement contract. That I have reviewed such schedule(s), and agree to pay the applicable prevailing wages and to pay or provide the supplements specified therein. SIGNATURE PRINT NAME TITLE ACKNOWLEDGMENT: STATE OF NEW YORK ~ SS: J COUNTY OF On the day of in the year 20~, 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(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public If this affidavit is verified by an oath administered by a notary public in a foreign country other than Canada, it must be accompanied by a certificate authenticating the authority of the notary who administers the oath. (See CPLR Section 2309 (c); Real Property Law, Section 311,312). I I I I I I I I I I I I I I I I ,I I I SECTION 80 - PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. All Subcontractors shall be approved by the Owner prior to being utilized on the project. The Subcontractor shall submit a Subcontractor Approval Request to the Engineer fourteen (14) days prior to beginning work on the project. As a minimum, the information shall include the following: Subcontractor's legal company name. Subcontractor's legal company address, including County name. Principal contact person's name, telephone and fax number. Complete narrative description, and dollar value of the work to be performed by the subcontractor. Copies of required insurance certificates in accordance with the specifications. Minority/non-minority status. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. The Contractor shall perform, with his organization, an amount of work equal to at least twenty-five (25) percent of the total contract cost. 80-02 NOTICE TO PROCEED. The notice to proceed will be issued by the Owner and shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shah notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval at least 10 days prior to the start of work. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 3 days in advance of resuming operations. The Contractor shall not commence any actual construction prior to the date stated in the notice to proceed. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Conttactor to conduct his/her operations within an A1R OPERATIONS AREA of the airport, the work shall be coordinated with airport operations (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA (AOA) of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. GP 80-1 Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aimraft operations intermittently as follows: Time Periods Type of Communications AOA Can Be Required When Working Controlling AOA Closed in an AOA Authority (See the subsection titled WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS of Section 80.) Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction. See the subsection titled AVIATION SAFETY REQUIREMENTS DURING CONSTRUCTION (SAFETY PLAN) of Section 80. 80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors' operations shall be conducted in accordance with the project safety plan and the provisions set forth within the current version of Advisory Circular 150/5370-2. The safety plan included within the Contract Documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a plan that details how it proposes to comply with the requirements presented within the safety plan. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the safety plan and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved safety plan unless approved in writing by the Owner or Engineer. 80-04.2 AVIATION SAFETY REQUIREMENTS DURING CONSTRUCTION (SAFETY PLAN) A. GENERAL SAFETY REQUIREMENTS. Throughout the construction project, the following safety and operational practices shall be observed: 1. Operational safety shall be a standing agenda item during progress meetings throughout the construction project. 2. The Contractor and airport operator shall perform onsite inspections throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight, or project scope change. 3. Airport runways and taxiways shall remain in use by aircraft to the maximum extent possible. 4. Aircraft use of areas near the Contractor's work will be controlled to minimize disturbance to the Contractor's operation. 5. Contractor, Subcontractor, and supplier employees or any other unauthorized persons shall be restricted from entering or remaining in an airport area that would be hazardous. 6. Construction that is within the safety area of an active runway, taxiway, or apron that is performed under normal operational conditions shall be performed when the runway, taxiway, or apron is closed or use restricted. Construction shall only be initiated with prior permission from the Owner. 7. The Owner or other designated airport representative may order the contractor to suspend operations; move personnel, equipment, and materials to a safe location; and stand by until aircraft use is completed. The Contractor shall make his/her own estimation of all difficulties to be encountered and shall make allowance for such difficulties in the amounts bid under the several items of the Contract. No requirements of this Contract with respect to any precautions required or omitted shall be deemed to limit or impair any responsibilities or obligations assumed by the Contractor under or in connection with this Contract, GP 80-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I and the Contractor shall at all times maintain adequate protection to safeguard the public and all persons engaged in the work and shall take such precautions as will accomplish such end, without tmdue interference with the public or the operations of the Owner. B. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. Before beginning any construction activity, the Contractor shall coordinate give notice of proposed location, time, and date of commencement of construction to the Owner. The Owner will be responsible for issuing a Notice to Airmen (NOTAM). Upon completion of work and return of all such areas to standard conditions, the Owner will cancel all notices issued via the NOTAM System. Throughout the duration of the construction project, the Contractor must: 1. Be aware of and undemtand the following safety problems and hazards as described in Section 4 of AC 150/5370-2, Operational Safety on Airports During Construction: a. Excavation adjacent to runways, taxiways, and aprons. b. Mounds of earth, construction materials, temporary structures, and other obstacles near any open runway, taxiway, or taxilane; or in the related object-free and aircraft approach or departure areas/zones; or obstructing any sign or marking. c. Runway resurfacing projects resulting in lips exceeding 3 inches (7.62 cm) from pavement edges and ends. d. Heavy equipment, stationary or mobile, operating or idle near AOAs, in runway approaches and departure areas, or in OFZs. e. Equipment or material near NAVAIDS that may degrade or impair radiated signals and/or the monitoring of navigational and visual aids. Unauthorized or improper vehicle operations in localizer or glide slope critical areas, resulting in electronic interference and/or facility shutdown. f. Tall and especially relative low-visibility units (i.e., equipment with slim profiles) cranes, drills, and similar objects - located in critical areas such as OFZs and approach zones. g. Improperly positioned or malfunctioning lights or unlighted airport hazards, such as holes or excavations, on any apron, open taxiway, or open taxilane or in a related safety, approach, or departure area. h. Obstacles, loose pavement, trash, and other debris on or near AOAs. Construction debris (gravel, sand, mud, paving materials, etc.) on airport pavements may result in aircraft propeller, turbine engine, or tire damage. Also, loose materials may blow about, potentially causing personal injury or equipment damage. i. Inappropriate or poorly maintained fencing during construction intended to deter human and animal intrusions into the AOA. Fencing and other markings that are inadequate to separate construction areas from open aircraft operating areas create aviation hazards. j. lmproper or inadequate marking or lighting of runways (especially thresholds that have been displaced) and taxiways that could cause pilot confusion and provide a potential for a runway incursion. Inadequate or improper methods of marking, barricading, and lighting of temporarily closed portions of AOAs create aviation hazards. k. Wildlife attractants, such as trash (food scraps not collected from construction personnel activity), grass seed, or ponded water on or near airports. I. Obliterated or faded markings on active operational areas. m. Misleading or malfunctioning obstruction lights. Unlighted or unmarked obstructions in the approach to any open runway pose aviation hazards. n. Failure to coordinate the issuance, update, or cancellation of NOTAMs about airport or runway closures or other construction airport conditions. o. Failure to mark and identify utilities or power cables. Damage to utilities and power cables during construction activity can result in the loss of runway/taxiway lighting; loss of navigational, visual, or approach aids; disruption of weather reporting services; and/or loss of communications. p. Restrictions on ARFF access from fire stations to the runway-taxiway system or airport buildings. q. Lack of radio communications with construction vehicles in airport movement areas. r. Objects, regardless of whether they are marked or flagged, or activities anywhere on or near an airport that could be distracting, confusing, or alarming to pilots during aircraft operations. 5/06 GP 80-3 s. Water, snow, dirt, debris, or other contaminants, which temporarily obscure or derogate the visibility of mnway/taxiway markings, lighting, and pavement edges. Any condition or factor that obscures or diminishes the visibility of areas under construction. t. Spillage from vehicles (gasoline, diesel fuel, oil) on active pavement areas, such as runways, taxiways, aprons, and airport roadways. u. Failure to maintain drainage system integrity during construction (e.g. no temporary drainage provided when working on a drainage system). v. Failure to provide for proper electrical lockout and tagging procedures. At larger airports with multiple maint~enance shifts/workers, Contractors should make provisions for coordinating work on circuits. w. Failure to control dust. Consider limiting the amount of area from which the Contractor is allowed to strip turf. x. Exposed wiring that creates an electrocution or ftre ignition hazard. Identify and secure wiring and place it in conduit or bury it. y. Site burning, which can derogate visibility. z. Construction work taking place outside of designated work areas and out of phase. 2. Conduct activities so as not to violate any safety standards contained in AC 150/5370-2 or any of the references therein. 3. Inspect all construction and storage areas as often as necessary to be aware of conditions. 4. Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered. C. APPROACH CLEARANCE TO RUNWAYS. Runway thresholds must provide an unobstructed approach surface ratio over equipment and materials as defined herein. D. RUNWAY AND TAXIWAY SAFETY AREA (RSA and TSA). Limit construction to outside of the RSA, unless the runway is closed or restricted to aircraft operations requiring a lesser standard RSA that is equal to the RSA available. Refer to the Tables below and the subsection titled WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS of this Section for more specific guidance. Construction activity within the TSA/Obstacle Free Zone (OFZ) is permissible when the taxiway is open to aircraft traffic if adequate wingtip clearance exists between the aircraft and equipment/material; excavations, trenches or other conditions are conspicuously marked and lighted; and local NOTAMs are in effect for the activity. The NOTAM should state that, "Personnel and equipment are working adjacent to Taxiway __ 1. Procedures for Protecting Runway Edges. a. Ensure no construction activity occurs closer to runway centerline than that shown in the table below: Aircrafi Airplane Distance from R/W Runway Approach Design Centerline to Limit Category Group Construction 7-25 B I 150 feet 12-30 B ! 150 feet b. Prevent personnel, material, and/or equipment, as defined in AC 150/5300-13, Paragraph-306, from penetrating the OFZ. c. Coordinate construction activity with the Airport Traffic Control Tower (ATCT), FAA Regional Airports Office or Airports District Office, and through the Owner issued NOTAM. 2. Procedures for Protecting Runway Ends. a. Maintain the RSA from the runway threshold to a point at least the distance from the runway threshold as existed before construction activity, unless the runway is closed or restricted to aircraR operations 5/O6 GP 80-4 I I I I I I I I I I I I I I I I I I I I I I I requiring a RSA that is equal to the RSA length available during construction in accordance with AC 150/5300-13. This may involve the use of declared distances and partial runway closures. The following table shows the distance from each runway threshold to the allowable construction limit. Airemfi Airplane Minimum Safety Minimum Unobstructed Runway Approach Design Area Behind Approach Slope End Category Group Threshold 7 or 25 B 1 240 feet 20:1 to threshold 12 or 30 B I 240 feet 20:1 to threshold I I I ! I I I I I I I ! I i I b. Ensure all personnel, materials, and/or equipment are clear of the applicable threshold siting criteria surface as defined in the Appendix 2, "Runway End Siting Requirements" of AC t50/5300-13. c. Prevent personnel, material, and/or equipment, as defined in AC 150/5300-13, from penetrating the OFZ. d. Ensure adequate distance for blast protection is provided, as needed. e. Coordinate construction activity with the ATCT, FAA Regional Airports Office or Airport District Office, and through the Owner issued NOTAM. MARK1NG AND LIGHTING FOR TEMPORARY THRESHOLDS. Marking and lighting for a temporary threshold is not required. CLOSED RUNWAY MARKINGS AND LIGHTING. Closed runway markings are required. Closed runway lighting shall be as shown on the Plans as furnished by the Contractor. Barricades, flagging, and flashers are required at the locations and times described in the subsection titled WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS of this Section and shall be supplied by the Contractor. HAZARDOUS AREA MARKING AND LIGHTING. Hazardous areas on the movement area shall be marked with barricades, traffic cones, flags or flashers. These markings restrict access and make hazards obvious to aireraff, personnel, and vehicles. During periods of low visibility and at night, hazardous areas shall be identified with red omni-directional flashing lights. The hazardous area marking and lighting shall be supplied by the Contractor, as specified in the Contract and shown on the Plans. TEMPORARY LIGHTING AND MARKING. Airport markings, lighting, and/or signs shall be altered as described in the subsection titled WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS of this Section and as shown on the plans. I. VEHICLE/EQUIPMENT OPERATION MARKING AND CONTROL. 5/06 When any vehicle or piece of equipment, other than one that has prior approval from the Owner, must operate on an airport, it shall be escorted and properly identified. To operate on the airport during daylight hours, the vehicle shall have a flag on a staff, or beacon attached to the vehicle. The flag shall not be less than three (3) feet square consisting ora checkered pattern of international orange and white squares of not less than one (1) foot on each side and displayed in full view above the vehicle. Any vehicle operating on the airport during hours of darkness or reduced visibility shall be equipped with a flashing dome type light, the color of which shall be in accordance with Owner requirements and local or state codes. If required by the Owner, each vehicle shall be assigned initials or numbers that are prominently displayed on each side of the vehicle. The identification symbols shall be at minimum 8-inch (20cm), block-type characters of a contrasting color, and easy to read. They may be applied either by using tape or a water- soluble paint to facilitate removal. Magnetic signs are also acceptable. In addition, all vehicles must display identification media as specified in the approved security plan. 3. Employee parking shall be located in an area designated by the Owner during construction. GP 80-5 4. Access to the job site shall be as shown on the Plans or as otherwise designated by the Owner during construction. At 14 CFR part 139 certificated and towered airports, all vehicle operators having access to the movement area shall be familiar with airport procedures for the operation of ground vehicles and the consequences of non-compliance. 6. If the airport is certificated under 14 CFR part 139 and/or has a security plan, the Contractor shall be required to follow guidance on the additional identification and control of construction equipment. NAVIGATIONAL AIDS. The contractor shall not conduct any construction activity within navigational aids' restricted areas without prior approval from the local FAA Airway Facilities sector representative. Navigational aids include instrument landing system components such as localizers, glide slopes, and approach lighting; very high-frequency omni-directional range, and airport surveillance radar. Such restricted areas are depicted on the Plans. K. LIMITATIONS ON CONSTRUCTION. Additional limitations on construction shall include: 1. Open-flame welding or torch cutting operations shall be prohibited unless adequate fire safety precautions are provided and these operations have been authorized by the Engineer. 2. Prominently mark open trenches, excavations, and stockpiled materials at the construction site and light these obstacles during hours of restricted visibility and darkness. 3. Mark and light closed, deceptive, and hazardous areas on airports. 4. Constrain stockpiled material to prevent its movement as a result of the maximum anticipated aircraR blast and forecasted wind conditions. Open trenches or excavations exceeding 6 inches in depth and 6 inches in width or stockpiled material shall be prohibited within the limits of Runway and Taxiway Safety Areas of operational runways or taxiways. Coverings for open trenches or excavations shall be of sufficient strength to support the weight of the heaviest aircrat~ operating on the runway or taxiway. RADIO COMMUNICATIONS. Two-way radio communications are required between Contractors and Airport Aeronautical Advisory Stations (UNICOM/CTAF). Vehicular traffic located in or crossing an active movement area shall have a working two-way radio in contact with and monitoring Airport Aeronautical Advisory Stations (UN1COM/CTAF) frequency 122.800 Mhz. Prior to proceeding into the active movement area, all drivers shall confirm through personal observation that no aircraft is approaching the vehicle position. Construction personnel may operate in movement areas without two-way radio communication provided a NOTAM is issued closing the area, and provided that the area is properly marked to prevent incursions. M. DEBRIS. Waste and loose material must not be placed in active movement areas. Materials tracked onto these areas shall be removed continuously during the work of this Project. I I I I ! I I I I I I I ACCIDENTS. The Contractor shall provide at the site such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work. The Contractor must promptly report in writing to the Resident Engineer all accidents whatsoever arising out of, or in connection with, the performance for the work, whether on or adjacent to the site which caused death, personal injury or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Engineer and the Owner. If any claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Resident Engineer giving full details of the claims. I I I 5/06 GP 80-6 I I I I I I I I I I I I I I I I I i I I I 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to tull completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a tull description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be tully responsible for producing work in conformity with contract requirements. If, alter trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in GP 80-7 such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or fi.om the airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of thc work shall bc stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: (i) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple-shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the flint working day after the effective date of the notice to proceed. (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. bo CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such GP 80-8 I I I 1 I I I I I I I I I I I I I i I I I I I I I ! I I ! I I I I i I i I increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. e. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded which could normally be expected during the contract period. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the contract time in such amount as the conditions justify. The extended contract time shall then be in full force and effect, the same as though it were the original contract time. 80-08 FAILURE TO COMPLETE ON TIME. For each working day that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERIvIINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his/her contract. The time to complete the work of this Contract is of the essence and, to that end, the Owner has determined that contract time as stated below includes adequate time for completing the work under this Contract. The work of this Contract shall commence on the date stated in the written Notice to Proceed. The time of completion is fourteen (14) and means that all of the work of the Contract is complete and in operating order. Project work shall not commence no earlier than September 15, 2009 and shall be completed by Memorial Day 2010. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the contract time may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 DEFAULT AND TERMINATION OF CONTRACT. 1. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the prosecution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or s/o6 GP 80-9 g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. 4. Termination Of Contract: The Owner may, by written notice, terminate this contract in whole or in part at any time, either for the Owner's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Owner. b. If the termination is for the convenience of the Owner, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. lfthe termination is due to failure to fulfill the contractor's obligations, the Owner may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Owner for any additional cost occasioned to the Owner thereby. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Owner. In such event, adjustment in the contract price shall be made as provided in paragraph b of this clause. e. The rights and remedies of the Owner provided in this clause are in addition to any other rights and remedies provided by law or under this contract. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. GP 80-10 I I i I I I I I I I ! I I I I I I I I I ! I i I I ! ! I I I I I I I ! I I I Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased fi.om the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. 80-11 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or Air Operations Area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his/her work in such a manner as to insure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored at locations determined during construction. No equipment will be allowed to park within the approach area of an active runway at any time. During the work under this Contract, the Owner will make such arrangements to coordinate aircraft movements and Airport operations as necessary to conform to the construction procedures as outlined below. The Contractor shall give adequate notice to the Engineer, so as to afford time to coordinate construction with the Owner. No work shall proceed in any area without prior approval. A. Work Areas. The work of the project has been divided into three (3) areas in order to coordinate construction in a way that will minimize interference with Airport operations: Work Area "A": Includes all work at the intersection of Runway 7-25 and 12-30, and up to the northeasterly edge of the intersection of the exit taxiway and Runway 7-25. The limits of Work Area "A" are 150 feet from the centerline of Runway 7-25, 150 feet southwest of the Runway 12-30 canterline, and approximately 750 feet northeast of the Runway 7-25 centerline. Work Area "B": Includes all work on Runway 12-30 that is not included in Work Area "A". Work Area "C": Includes all work on Runway 7-25 that is not included in Work Area "A". B. Construction and Operating Requirements. Project Work shall not commence until September 15, 2009, and shall be completed by Memorial day 2010. At least one runway shall be open from October 9, 2009 to October 13, 2009. Work Area "A": Work Area "A" shall be completed prior to starting work in either Work Area "B" or "C'. Work Area "A" shall be completed in no more than five (5) consecutive working days. Prior to beginning work in Work Area "A", the Contractor shall perform the following: Coordinate with Owner the issuing ofa NOTAM closing the airport to all aircraft operations. Provide closed runway markings on all runway ends. Place barricades across exit taxiway as shown on Contract Drawings. Disconnect and tag out all airfield lighting circuits including, but not limited to the following: o Runway and taxiway edge lighting circuits o Windcone circuits o All REIL circuits o All PAPI circuits o Airport beacon circuits 5106 GP 80-11 5106 At the conclusion of work in Work Area "A", the Contractor shall perform the following: · Coordinate with Owner the cancellation of the NOTAM closing the airport to all aircraft operations. · Remove closed runway markings on runway ends. Closed runway markings may remain on runway ends as described by operating requirements for the next Work Area in which work will be performed. · Remove barricades across exit taxiway. · Re-energize airfield lighting circuits. Circuits for next Work Area in which work will be performed may remain disconnected and tagged out. Work Area "B": Prior to beginning work in Work Area "B", the Contractor shall perform the following: · Coordinate with Owner the issuing of a NOTAM closing Runway 12-30 to all aircraft operations. · Provide closed runway markings on Runway 12-30 ends. · Place barricades across Runway 12-30 as shown on Contract Drawings. · Disconnect and tag out airfield lighting circuits including, but not limited to the following: o Runway 12-30 edge lighting circuits o Runway 12-30 RE1L circuits o Runway 12-30 PAPI circuits At the conclusion of work in Work Area "B", the Contractor shall perform the following: · Coordinate with Owner the cancellation of the NOTAM closing Runway 12-30 to all aircraft operations. · Remove closed runway markings on runway ends. · Remove barricades across Runway 12-30. · Re-energize Runway 12-30 edge lighting circuits, REIL circuits, and PAPI cimuits. Work Area "C": Prior to beginning work in Work Area "C", the Contractor shall perform the following: · Coordinate with Owner the issuing of a NOTAM closing Runway 7-25 to all aimrafi operations. · Provide closed runway markings on Runway 7-25 ends. · Place barricades across Runway 7-25 as shown on Contract Drawings. · Disconnect and tag out airfield lighting cimuits including, but not limited to the following: Runway 7-25 edge lighting circuits o Runway 7-25 REILcircuits o Runway 7-25 PAPI circuits At the conclusion of work in Work Area "C", the Contractor shall perform the following: · Coordinate with Owner the cancellation of the NOTAM closing Runway 7-25 to all aircraft operations. · Remove closed runway markings on runway ends. · Remove barricades across Runway 7-25. · Re-energize Runway 7-25 edge lighting circuits, RE1L circuits, and PAPI circuits. C. Contractor Transportation. In general, the primary method of transportation to the airport is via a ferry service from New London, CT to Fishers Island, NY. The Contractor should contact the Fishers Island Ferry District for updated schedules GP 80-12 I I I I i I I ! I I I I I I I I I I I i ! I I I I I I I ! 1 I I I I ! I I I 5/06 and rates for the intended construction season. No separate payment will be made for costs associated with transportation to the island. The Contractor shall include all transportation costs in the various pay items involved in the work to be performed. FISHERS ISLAND FERRY DISTRICT Main Office, Fishers Island Freight Office, Fishers Island Reservations New London Terminal Email Web Site 631-788-7463 631-788-7345 631-788~7744 860-442-0165 fifer ry~fishersisla nd.net www.fiferry.com Mailing Address PO Box Drawer H Fishers Island, NY 06390 D. Supplemental Requirements. Maintenance of Airport Lighting: All existing airfield lighting circuits shall be maintained in full operation throughout the period of this Contract. Where disconnections are required, such work shall be scheduled at such times and in such a manner as approved by the Owner. The Contractor is required to allow the full use of airfield lighting circuits in open movement areas during night operations and during periods of low visibility. The Contractor shall provide such temporary lights and cables as required to maintain full use of existing airfield lighting circuits. Temporary above ground lighting cables, if approved, shall be delineated with stakes and flagging at the direction of the Engineer. All circuits in the vicinity of the work area shall be tested prior to, during and after construction. The Contractor shall fumish all necessary equipment and appliances for testing the airport electrical systems and underground cable circuits as specified below. The Contractor shall perform all tests in the presence of the Engineer. The Contractor shall demonstrate the electrical characteristics to the satisfaction of the Engineer. All costs for testing are incidental and shall be at the sole expense of the Contractor. For phased projects, the tests must be completed by phase and results meeting the specifications below must be maintained by the Contractor throughout the entire project as well as during the ensuing warranty period. Earth resistance testing methods shall be submitted to the Engineer for approval. Earth resistance testing results shall be recorded on an approved form and testing shall be performed in the presence of the Engineer. All such testing shall be at the sole expense of the Contractor. Should the counterpoise or ground grid conductors be damaged or suspected of being damaged by construction activities the Contractor shall test the conductors for continuity with a Iow resistance ohmmeter. The conductors shall be isolated such that no parallel path exists and tested for continuity. The Engineer shall approve of the test method selected. All such testing shall be at the sole expense of the Contractor. The test equipment for insulation resistance shall be an insulation resistance tester (1,000V megger) with a digital readout. The instrument shall provide a 500 volt test for insulation resistance with a meter range of 0 to 500 megohms. The Contractor shall test, demonstrate and record to the satisfaction of the Engineer the following: a. Test Requirements Prior to Construction. (1) Test all circuits within the work area for continuity and insulation resistance to ground, at the electrical building, in the presence of the Engineer and the Owner. GP 80-13 5/O6 (2) Provide a copy of the test results to the Engineer and the Owner. (3) Check that all circuits are properly connected in accordance with applicable wiring diagrams. Test Requirements During Construction. Circuit testing during construction shall be as directed and witnessed by the Engineer when the Contractor is working on existing circuitry or excavating adjacent to or near existing circuitry. Circuit testing during construction will not be required during the times when the Contractor's operations do not effect existing airfield lighting circuitry. It is the intent of this section to ensure that airfield lighting circuitry remains operational throughout the duration of the Contract. (1) Test all circuits within the work area for continuity and insulation resistance to ground at the electrical building, prior to energizing any circuit. (2) Insure that all circuits within the work area are operational, prior to the Contractor leaving the project at the end of the work day. Specific times for circuit checks will be determined by the Engineer relative to the Contractor's work hours each day. (3) Segment test new non-grounded series circuits during installation. Length of cable segment tested shall not have mom than five (5) splices, light units and/or electrical equipment between the ends being tested. Insulation resistance to ground shall be greater than 500 megohms. (4) Insure that the insulation resistance to ground of each segment of new non-grounded conductors of multiple conductor circuits is not less than 500 megohms. (5) That the impedance to ground of each ground rod does not exceed 25 ohms prior to establishing connections to other ground electrodes or equipment. The fall-of-potential ground impedance test shall be utilized, as described by ANSI/IEEE Standard 81, to verify this requirement. Ground rods testing higher than 25 ohms shall have a minimum extension of two feet of ground rod added, driven to the proper elevation and re-tested. Extensions shall be attached by exothermic methods and re-testing performed until the tests show 25 ohms resistance or less. Tests shall not be performed within 72 hours after a rain storm has ended or when standing water is present around the ground rod. (6) Insure that all circuits are properly connected in accordance with applicable wiring diagrams. (7) The Contractor shall test all circuits within the work area for continuity after backfilling cable trenches. The reading shall be logged and provided to the Engineer prior to payment of cable items. (8) Provide a copy of all test results to Engineer and Owner on a daily basis. Test Requirements at the Completion of the Project. The Contractor shall test and demonstrate to the satisfaction of the Engineer the following: (1) Test all circuits within the work area for continuity and insulation resistance to ground, at the electrical building, in the presence of the Engineer and the Owner. (2) That all original lighting power and control circuits are continuous and insulation resistance to ground is not lower than before construction. (3) That all affected lighting power and control circuits (existing and new) are continuous and free from short circuits. (4) That all affected circuits (existing and new) are free from unspecified grounds. GP 80-14 i I I I i I I I Ii ! I I I I I ! I I I I I I I I I I I I I I I I I I ! ! I I 5/06 (5) That the insulation resistance to ground of all new non-grounded series circuits or cable segments is not less than 50 megohms. (6) That the insulation resistance to ground of all non-grounded conductors of new multiple circuits or circuit segments is not less than 50 megohms. (7) That all affected circuits (existing and new) are properly connected in accordance with applicable wiring diagrams. (8) That all affected circuits (existing and new) are operable. Tests shall be conducted that include operating each control not less than 10 times and the continuous operation of each lighting and power circuit for not less than 1/2 hour. The Contractor shall be responsible for maintaining an insulation resistance of 50 megohms minimum, with isolation ~-ansformers connected, in new circuits and new segments of existing circuits through the end of the contract warranty period. Two copies of tabulated results of all cable tests performed shall be supplied by the Contractor to the Engineer. Where connecting new cable to existing cable, ground resistance tests shall be performed on the new cable prior to connection to the existing circuit. Spoil and Disposal Areas: Spoil shall be disposed of in accordance with the Airport Authorities unless otherwise shown or specified. The Contractor shall submit the "Spoils Deposition Release Form" for any spoils which are transported from the project site. A copy of the form can be found at the end of this section. Staging Area: A staging area, as indicated on the Contract Drawings, will be provided where the Contractor may set up a field office and store equipment and materials. The Contractor shall make his own arrangements for, and bear all costs of required utilities. The Contractor shall use and maintain the site in accordance with requirements of the Owner. Upon completion of work, the Contractor's staging area shall be removed and the area cleaned and restored to original or better condition. Storage and Movement of Material and Equipment: The Contractor shall store material and equipment and schedule his operations for work to be done so that no unauthorized interference to normal Airport operations will result therefrom. Construction operations shall not be conducted in a manner to cause interference with Airport Operations. No Contractor's vehicle or pedestrian crossing of active runways or taxiways will be allowed at any time during the work of this Contract, unless otherwise specified. No deviation from the pedestrian and vehicle routes to and from the Project Areas will be allowed unless specific permission has been granted by the Owner. The Owner shall at all times hav~ control of operations on or near active runways, taxiways and aprons. All operations shall be subject to coordination by the Contractor with the Engineer for controlling traffic. Paved surfaces shall be kept clear at all times and specifically must be kept fi'ee from small stones which might cause damage to aircraft. Prior to opening any area to traffic, the pavement surface shall be thoroughly cleaned of all debris and the Contractor's equipment removed from the area as directed by the Resident Engineer. Contractor's Haul Routes: The Contractor shall clear, construct and maintain haul routes as required for the prosecution of the work. The haul routes shall only be in the locations approved by the Engineer and the Owner. The Contractor shall be responsible for maintaining existing haul routes. At the completion of the project, these areas shall be returned to their original lines and grades and shall be restored to a condition equal to or better than original. GP 80-15 Do Fo Night Work. When required by Contract, work after sunset and before sunrise will be permitted unless restricted by technical specifications, or elsewhere. Where work on this Contract is required to be performed at night, any additional costs associated with such work shall be included in the prices bid, and no extra compensation will be allowed therefore. Scheduling. A minimum of one scheduling and coordination meeting shall be held each week unless otherwise directed by the Engineer, throughout the duration of the Contract, between the Owner, Contractor, Engineer and any other interested parties at a time and place to be designated by the Engineer. In attendance at this meeting shall be a Contractor's representative with the authority to make decisions concerning the scheduling and coordination of work and Airport operating problems. The Contractor shall submit a coordinated construction schedule for all work activities ten (10) days prior to the start of construction. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the contract for each work area. As a minimum, it shall provide information on the sequence of work activities, start and end dates for each work area, milestone dates, and activity duration. The schedule should also include overall project start and end dates. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a bi-weekly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. Security Requirements. In general, security in the construction area is the responsibility of the Contractor. The Contractor shall be required to maintain security and comply with the Transportation Security Administration Security Rules and Regulations throughout the duration of the project. The Contractor and the Surety shall indemnify and save harmless the Owner, Engineer and third party or political subdivision from any and all breaches of security and shall indemnify the Owner for any fines, expenses and damages which it may be obliged to pay by reason of any breach of security resulting from the Contractor's actions at any time during the prosecution of the work. Such breaches of security are subject to fines by the Transportation Security Administration of up to ten thousand dollam ($10,000) per incident. Payment. The cost of complying with the requirements of this section, including but not limited to scheduling; providing flag people; construction, maintenance and removal of temporary access roads and staging areas; providing, placing, relocating, maintaining and removing temporary barricades; providing and placing permanent barricades; protection of airerafi and vehicular traffic; installation, maintenance and removal of temporary airfield markings; maintenance of airport lighting circuits; installation, maintenance, and removal of temporary wiring and airfield lighting facilities; cleaning of paved surfaces; restoration of surfaces disturbed as a result of the Contractors operations; providing, maintaining, and removing warning signs, hazard markings, barricade lights; providing, maintaining, and removing temporary access gates; providing padlocks for access gates; providing a guard at access gates; and all security requirements shall be included under Technical Specification Item M-100, Maintenance and Protection of Traffic. GP 80-16 i I I I I I ! I I I i I I I I I I I I I I I I I I I I i I I I I I I SPOILS DEPOSITION RELEASE FORM To: Town of Southold, 53095 Main Road, Southold, New York 06390 C&S Engineers, Inc., 499 Col. Eileen Collins Boulevard, Syracuse, N.Y. 13212 Project: Runway Crack Repair (OWNER), and (CONSULTANT). This SPOILS DEPOSITION RELEASE FORM is being forwarded to the above referenced OWNER and CONSULTANT to satisfy the Contract Documents governing the above referenced project. Pursuant to the Contract Documents, LANDOWNER has granted permission to CONTRACTOR to deposit spoils at LANDOWNER'S property located at (give specific location). Further, CONTRACTOR hereby agrees to the greatest extent of the law, to release, indemnify, hold harmless, and defend the OWNER and CONSULTANT from any and all damage, liability, or cost (including reasonable attorney's fees and cost of defense) to the extent caused by or arising out of the deposition of the spoils on LANDOWNER'S property. CONTRACTOR: LANDOWNER: Signature Written Name & Title Company Name Mailing Address (Street Name and Number) City, State, Zip Code Daytime Phone Number (Include Area Code) Date Signature Written Name & Title Company Name Mailing Address (Street Name and Number) City, State, Zip Code Daytime Phone Number (Include Area Code) Date END OF SECTION 80 5/06 GP 80-17 ! ! I I I I I I I I I I I I I I I I I SECTION 90 - MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individuaI fixtures (or leave-outs) having an area of 9 square feet or less. Unless otherwise specified, ~'ansverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. All materials that are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Tracks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard may be weighed, and such weights will be converted to cubic yards for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon or ton. When measured by volume, such volumes will be measured at 60 F or will be corrected to the volume at 60 F using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton or hundredweight. Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. GP 90-1 Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent (0.1%) of the nominal rated capacity of the scale, but not less than 1 pound. The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of one-half of I percent (0.5%). In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable 1/06 GP 90-2 I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I ! manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, wilI be paid for at agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus an allowance for overhead and profit. A. Agreed Price. If the extra work is to be paid under agreed prices, the prices shall be based upon the Contractor's price analysis of the cost of the work. The price analysis shall be provided by the Contractor and shall be based upon the Contractor's estimated breakdown of his/her cost for the work, including all charges based upon the items listed in this subsection below titled "Force Account". Lump sum costs for work, without accompanying detailed price analyses, will not be acceptable. Forms intended to aid the Contractor in compiling price analyses are available from the Engineer upon request. B. Force Account. 1. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. 3. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed 1/06 GP 90-3 as follows: a. Name, ~lassification, date, daily hours, total hours, rate and extension for each laborer and foreman. b. Designation, dates, daily houm, total hours, rental rate, and extension for each unit of machinery and equipment. (1) Contractor Owned Equipment Tracks and Plant.- Contractor shall be reimbursed for its ownership costs and for its operating costs for self owned equipment at the rates listed in the Rental Rate Blue Book published by the Dataquest, Inc. applied in the following manner as modified by the "Rate Adjustment Table": (a) Ownership Costs -- It is mutually understood that the rates for ownership costs reimburse the Contractor for all non-operating costs of owning the equipment, track or plant including depreciation on the original purchase, insurance, applicable taxes, interest on investment, storage, overhead, repairs, moving the equipment onto and away from the project or work site, and profit. Reimbursement will be made for the hours of actual use as described below: (b) Less than 8 hours of actual use, the product of the actual number of hours used or fraction thereof multiplied by the hourly rate, or the daily rate, whichever is less. (c) Between 8 hours and 40 hours of actual use, the product of the actual number of hours used divided by 8 multiplied by the daily rate, or the weekly rate, whichever is less. (d) Between 40 and 176 hours of actual use, the product of the actual number of hours used divided by 40 multiplied by the weekly rate, or the monthly rate, whichever is less. (e) Over 176 hours of actual use, the product of the actual number of hours used divided by 176 multiplied by the monthly rate. (f) Operating Costs -- The rate for operating costs includes fuel, lubricants, other operating expendables, and preventative and field maintenance. Operating cost does not include the operator's wages. The Contractor shall be reimbursed the product of the number of hours of actual use multiplied by the Estimated Operating Cost/Hour. (g) The rates used shall be those in effect at the time the force account work is done as reflected in the then current publication of the Rental Rate Blue Book. When force account type analysis are used to establish agreed prices in accordance with paragraph A above, the rates used shall be those in effect when the agreed price is developed by the Contractor. (h) The geographic Regional Adjustment Factor shown in the map at the beginning of each section of the Rental Rate Blue Book shall not be applied to the equipment rates subsequently listed in each section, and shall not be used as a basis for payment. (i) In the event that a rate is not established in the Rental Rate Blue Book for a particular piece of equipment, truck or plant, the Engineer shall establish rates for ownership costs and operating costs for that piece of equipment, truck or plant that is consistent with its cost and expected life. (2) Rented Equipment, Trucks and Plant- (a) In the event that the Contractor does not own a specific type of equipment and must obtain it by rental, it shall be paid the actual rental rate for the equipment for the time that the equipment is used to accomplish the work or is required by the Engineer to be present, not to exceed the adjusted rental rate in the Rental Rate Blue Book, plus the reasonable cost of moving the equipment onto and away from the project site. (b) The Contractor shall also be reimbursed for the operating cost of the equipment unless reflected in the rental price. Such operating cost shall be determined in the same manner as specified for Contractor Owned Equipment above. (c) In the event that area practice dictates the rental of equipment with an operator or fully fueled and maintained equipment, truck or plants, paymenlt will be made on the basis of an invoice for the rental of the equipment with an operator, fully fueled and/or maintained equipment, trucks or plants including all costs incidental to its use, including costs of moving to and from the site, provided the rated is substantiated by area practice. GP 90-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (3) Maximum Amount Payable -- The maximum amount of reimbursement for the ownership costs of Contractor owned or the rental cost of rented equipment, trucks or plant is limited to the original purchase price of the equipment, truck or plant for any force account work as listed in the Green Guide for Construction Equipment published by the Dataquest, Inc. In the specific event when the ownership or rental reimbursement is limited by the original purchase price, the Contractor shall, nevertheless, be reimbursed for the operating Cost/Hour for each hour of actual use. c. Quantities of materials, prices, and extensions. d. Transportation of materials. Overhead and Profit. lfany 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 in a through d above, or on such other basis as may be approved by the Owner. Subcontractor profit and overhead shall be paid as outlined in this section, 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. For the purposes of computing overhead and profit, only one level or tier of subcontractors will be allowed. Overhead shall be defined to include, but not be limited to: premium on bonds; premium on insurance required by workman's compensation insurance, public liability and property damage insurance, unemployment insurance, social security tax, and other payroll taxes and such reasonable charges that are paid by the Contractor pursuant to written agreement with his/her employee; all salary and expenses of executive officers, supervising officers or supervising employees; all clerical or stenographic employees; all charges for minor equipment, such as small tools, including shovels, picks, axes, saws, bars, sledges, lanterns, jacks, cables, pails, wrenches, etc. and other miscellaneous supplies and services; all drafting room accessories such as paper, tracing cloth, blueprinting, etc. Overhead and profit cost shall be computed at 20 percent of the following: Total Direct Labor Cost (actual hours worked multiplied by the basic hourly wage rate) plus supplemental benefits payments, payroll taxes, insurance payments and other labor related fringe benefit payments as defined in 'a' above, but not including the overtime additive payments. Overhead and profit shall not be paid on the premium portion of overtime. Total Cost of Materials as defined in c and d above. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made for work items lacking approved shop drawings, lacking acceptable manufacturer's material certifications, or when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. GP 90-5 From the total of the amount determined to be payable on a partial payment, five (5) percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such retainage shall be deducted. When not less than 95 percent of the work has been completed, the Engineer may, at the Owner's discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final retained percentage or final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. The prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 15 calendar days from the receipt of each payment the prime contractor receives from the Sponsor. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Sponsor. This clause applies to both DBE and non-DBE subcontractors. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. e. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in GP 90-6 I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the Owner accept, in lieu of the percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section, the Coniractor's deposits in escrow. The Owner is under no obligation to accept the Contractor's request and may withhold retainage in accordance with the subsection titled PARTIAL PAYMENTS of this section. Acceptance of deposits in escrow shall be under the following conditions. a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. bo The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the percent retainage that would otherwise be withheld from partial payment. c. The Contractor shall enter into an escrow agreement satisfactory to the Owner. d. The Contractor shall obtain the written consent of the surety to such agreement. Deposits in escrow shall be maintained for a period of time described in the subsection titled GUARANTY of this section, or the Contractor shall furnish a bond as described in the subsection titled SECURITY FOR GUARANTEE of this section. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. The payment of the final amount due under this Contract, and the adjustment and the payment of the bill rendered for work in accordance with any alterations of the same shall release the Owner from any and all claims or liabilities on account of work performed under said Contract, or any alterations thereof. in case the execution of this Contract is delayed by action of the Owner, no claim for damages by reason of such delay shall be made or allowed. Should postponement or delay be occasioned by the precedence of other Contracts GP 90-7 on the line of work, which may be either let or executed before or after the execution of this Contract, no claim for damages will be allowed; but the time for completion may be extended for a time equal to the delay or post- ponement caused by such precedent Contracts. 90-10 CLOSEOUT DOCUMENTATION. The following documents and information shall be completed and submitted to the Engineer prior to final payment to facilitate project closeout: 1. Weekly certified payrolls for contractor's and each subcontractor's work forces. 2. Manufacturer's certifications for all items incorporated in the work. 3. All required record drawings, as-built drawings or as-constructed drawings. 4. Project O&M Manual. 5. Contractor's Affidavit of Payment of Debts and Claims (AIA Document G706) from the Prime Contractor. 6. Contractor's Affidavit of Release of Liens (AIA Document G706A) from the Prime Contractor. 7. Contractor's Affidavit of Payment of Debts and Claims (AIA Document G706) from each subcontractor. 8. Contractor's Affidavit of Release of Liens (A1A Document G706A) from each subcontractor. 9. Consent of Surety to Final Payment (A1A Document G707) from the Prime Contractor. 10. Security for Guarantee. I 1. DBE Participation Summary. 12. Prime Contractor's Certification (New York State Labor Law Section 220-a). 13. Subcontractor's Certification (New York State Labor Law Section 220-a). 90-11 GUARANTEE. All equipment and materials furnished and installed under this Contract shall be guaranteed against defects in materials and workmanship for a period of at least one year from the date of final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced within five days written notice from the Engineer, at no additional cost to the Owner. Within the guarantee period, no certificate given nor payment made under the Contract, nor partial or entire occupancy of the premises by the Owner shall be construed as an acceptance of defective work or of improper materials or as condoning any negligence or omission. 90-12 SECURITY FOR GUARANTEE. The Contractor shall upon final acceptance of the work, furnish a bond to the Owner in a penal sum equal to five percent (5%) of the amount of the Contract price, executed by a surety company authorized by the Department of Insurance of the State of New York to execute such a bond in this State, and which bond shall be approved as to form and manner of execution by the Owner's attorney. This bond shall be conditioned for the faithful performance by the said Contractor of the conditions and stipulations of the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section, thereof relating to maintenance and repair, for a period of one (1) year from the date of the final acceptance of the work. In default of the filing of such bond, a sum of money equal to said five percent (5%) may be retained out of any monies due to the Contractor and be held for one (1) year, or until the bond above described is filed. For Contractors who have elected to set up an escrow account, they may elect to maintain the escrow account for a period of one (1) year from the date of final acceptance of the work in lieu of providing a bond for security of guarantee as described above. 90-13 LIEN LAW. If, at any time before or within thirty (30) days after the work of this Contract has been completed and accepted by the Owner, any person or persons claiming to have performed any labor or furnished any material toward the performance or completion of this Contract shall file with the Engineer and with the financial officer of the Owner, or other officer or person charged with the custody and disbursement of the Owner's funds applicable to this Contract under which the claim is made, such notice as is prescribed in the Act of Legislature of the State of New York passed February 17, 1909, entitled an "Act in Relation to Liens", and the acts amendatory thereof or supplementary thereto, then and in every such case the party of the first part shall retain (anything herein contained to the contrary thereof notwithstanding) from the monies under its control and due or to grow due under this Agreement, as much of such monies as shall be sufficient to pay, satisfy and discharge the amount in such notice claimed to be due to the person or persons filing such lien, together with the reasonable cost of any actions brought to enforce such claim or the lien creating by the filing of such notice. The monies so retained shall be retained by the party of the first part until the lien thereon created by the said act and filing of said notice shall be discharged pursuant to the provisions of said act or acts. END OF SECTION 90 GP 90-8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ITEM P-101 SURFACE PREPARATION, CRACK SEALING & REPAIR 101-1 DESCRIPTION. 101-1.1. This item shall consist of preparation of existing pavement surfaces for overlays or seal coats, removal of existing pavement, and other miscellaneous items. The work shall include cleaning existing pavements, and filling, routing and sealing, and repairing cracks and joints in existing pavements, and removal of existing markings, rubber and all foreign materials on existing pavements. The work shall be accomplished in accordance with these specifications and the applicable drawings. 101-2 MATERIALS. 101-2.1. All equipment shall be specified hereinafter or as approved by the Engineer. The equipment shall not cause damage to the pavement to remain in place. 101-2.2 BITUMINOUS CONCRETE. Item not used. 101-2.3 EMULSIFIED ASPHALT. The emulsified asphalt shall conform to the requirements ofASTM D 977 or ASTM D 2397. 101-2.4 HERBICIDE. Herbicide shall be Roundup or approved equal. Herbicides shall be packaged in standard sealed containers marked with the name of the material, the name of the manufacturer, the net quantity contained therein and shall be in accordance with the provisions of the Federal and State Rules and Regulations in effect at the time of delivery. 101-2.5 TACK COAT. Item not used. 101-2.6 JOINT SEALER. Joint sealer shall be in accordance with ltem P-605, "Joint Sealing Filler", and shall meet the requirements of ASTM D 6690, "Joint and Crack Sealers, Hot Applied, for Concrete and Asphalt Pavements", Type I1 or Type lIl. 101-2.7 BACKER MATERIAL. Backer material shall be in accordance with Item P-605, Joint Sealing Filler. 101-2.8 POLYMER MODIFIED ASPHALT CONCRETE. Polymer modified asphalt concrete shall contain lightweight aggregate and shall be PolyPatch Type I as manufactured by Crafco (Contact: Tom P£uelb, 716-863- 9279) or an approved equal and shall have the following characteristics: Color Pourability ~ 400F Stability ~ 158F Adhesion ~77F Specific Gravity (ASTM D792) Skid Resistance, BPN (ASTM E303) Minimum Application Temperature Maximum Application Temperature Black 1000-1400 gm .6in. max 15psi min. 1.35max. 40 min. 375F 410F The material shall be delivered in the manufacturer's original container. The material shall be pre-packaged with the Manufacturers name and product name marked on each container. 101-3 SUBMITTALS AND CERTIFICATIONS. 101-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: 1/o? TS P-101-1 Submittal for emulsified asphalt meeting the requirements specified. Catalog data for herbicide meeting the requirements specified. 101-4 CONSTRUCTION METHODS. 101-4.1 HERBICIDE APPLICATION AND PAVEMENT CLEANING (SURFACE PREPARATION). Existing vegetation within the limits of work shall be treated with a herbicide. The herbicide shall be applied to the vegetation prior to pavement cleaning operations. Application of herbicide shall be in accordance with the manufacturer's printed instructions and the provisions of Federal and State regulations in effect at the time of delivery. Pavement cleaning operations shall not proceed until the herbicide manufacturer's instructions indicate that vegetation may be removed. All pavement surfaces within the limits of work shall be cleaned. Existing pavement surfaces shall be cleaned by the use of approved mechanical sweepers or by compressed air such that all mud, dirt, dust, and other debris is removed. Ruts and depressions below the general surface that are not adequately cleaned by the use of mechanical sweepers shall be cleaned by hand brooms. No payment will be made separately or directly for application of herbicide and pavement cleaning. 101-4.2 FILLING OF JOINTS AND CRACKS (TYPE 0 CRACK REPAIR). Crack filling shall consist of the cleaning and filling of all cracks and joints which are not designated to be routed and sealed or repaired on the plans or in the specifications, or otherwise directed by the Engineer. Filling of joints and cracks shall not proceed until the herbicide manufacturer's instructions indicate that vegetation may be removed. All joints and cracks in bituminous and concrete pavements to receive Type 0 crack repair, shall be cleaned of joint and crack sealer, debris, and vegetation by a compressed air stream of at least 80 psig measured at the source. Compressed air equipment shall contain mechanisms which will not allow moisture or oil to enter the crack or joint surface. Cracks and joints in the pavement shall be cleaned of all dirt and loose material by holding the cleaning jet 1 inch above the pavement surface. Old crack sealer remaining and firmly attached aRer such cleaning operation need not be removed in bituminous pavements but shall be removed in Portland Cement Concrete pavements. The cracks shall be kept clean until the sealing operations are completed. Any excess joint or crack sealer on the surface of the pavement shall also be removed from the pavement surface. Joints and cracks that are less than 1/2 inch wide shall be filled with a mixture of emulsified asphalt and aggregate. The aggregate shall consist of limestone, volcanic ash, sand, or other material that will cure to form a hard substance. The combined gradation shall be as shown in Table I. TABLE I Sieve Size Percent Passing No. 4 100 No. 8 90-100 No. 16 65-90 No. 30 40-60 No. 50 25-42 No. 100 15-30 No. 200 10-20 Up to 3% cement can be added to accelerate the set time. The mixture shall not contain more than 20% natural sand without approval in writing from the Engineer. The proportions of asphalt emulsion and aggregate shall be determined in the field and may be varied to facilitate construction requirements. Normally, these proportions will be approximately one part asphalt emulsion to five parts aggregate by volume. The material shall be poured into the joints or cracks or shall be placed in the joint or crack and compacted to form a voidless mass. The joint or crack shall be filled to within 1/8 inch of the surface. The amount of aggregate used shall be adjusted at the time of application to allow the mixture to be placed into the 1/07 TS P-101-2 I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I ,I I I I cracks Any material spilled outside the width of the joint or crack shall be removed from the surface prior to constructing the overlay or applying the seal coat. Joint and crack filling shall not be performed when the ambient air temperature is below 40 degrees F, or when the pavement temperature is below 50 degrees F, or when the pavement is wet. Emulsion and aggregate which has been damaged or sunk too far below the surface prior to the overlay or sealcoat shall be re-filled in accordance with this specification at the Contractor's expense. 101-4.3 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE 1 AND 2 CRACK REPAIR). Routing and sealing operations shall not proceed until the herbicide manufacturer's instructions indicate that vegetation may be removed. Routing and sealing shall consist of the routing, cleaning and sealing of all joints and cracks 3/8 inch to 1 inch wide as directed by the Engineer. Routing shall be accomplished with a commercial router that can produce a vertical sided groove with minimal edge spalling. The groove width and depth shall be as shown on the Contract Drawings. A joint or crack that is routed should have a constant width from beginning to end. The widest portion of the joint or crack to be routed shall determine the routing width for the particular joint or crack. Routed joints and cracks shall be cleaned in accordance with the requirements of Item P-605. Routed joints and cracks shall be kept clean until the sealing operations are completed. Routed joints and cracks shall be sealed with a joint sealer in accordance with the requirements of Item P-605. Sealing shall not proceed until the routed joints and crocks are accepted by the Engineer. To insure that space will be available for expansion of the asphalt, the joint or crack shall not be filled completely to the surface. Joint sealing shall not be performed when the ambient air temperature is below 40 degrees F, or when the pavement temperature is below 50 degrees F, or when the pavement is wet. Sealant which has been damaged, sunk below the surface, or has not bonded properly to the joint or crack shall be removed. The joint or crack shall be re-cleaned and re-sealed in accordance with the specifications at the Contractor's expense. 101-4.4 ROUT1NG AND FILLING JOINTS AND CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE. The Contractor shall construct a reservoir over each of the joints cracks designated by the Engineer to be filled with polymer modified asphalt concrete in accordance with the details on the Plans. After the construction of the reservoir, the Contractor shall remove any remaining backer material and/or joint sealer that remains in the joint or crack. After the construction of the reservoir and cleaning of the remaining joint or crack, the Contractor shall fill the joint or crack to the bottom of the reservoir with joint sealer. Immediately prior to application of polymer modified asphalt concrete, use a high pressure hot air lance to thoroughly clean and dry repair area of dust, dirt, foreign material, sand and any other extraneous materials Do not bum, scorch or ignite the pavement when using the hot air lance. Compressor shall be equipped with moisture traps. Material shall be heated to between 380F and 410F and- thoroughly agitated prior to application. A non-contact infrared thermometer shall be used periodically to monitor the temperature of the material as it exits the melter. Material may not be used if it is heated beyond the Safe Heating Temperature, exceeds the recommended potlife or is reheated more than one time. The crack or joint shall be filled to the bottom of the milled reservoir using the polymer modified asphalt concrete. After the material applied in the crack or joint has been allowed sufficient time to solidify, the reservoir shall be filled with the polymer modified asphalt concrete to the pavement surface. The material shall be poured into the repair area and worked using a lute or similar tool. Care should be taken not to over work the material and cause TS P- 101-3 unequal dispersion of the aggregate within the repair. The material may be applied in multiple liRs to accommodate material shrinkage during cooling. A thin overband covering the surface edge of the reservoir shall extend approximately 1" onto the pavement surface. Afier the material has been applied to the repair, a torch orhot air lance should be used to heat the edges and ensure a watertight seal. Do not burn, scorch or ignite t the polymer modified asphalt concrete or adjoining pavement when heating. The Contractor shall straightedge each repair area to ensure a smooth surface between the repair area and adjacent pavements. The repair area shall not be higher than the adjacent pavement or greater than 1/8" lower than the adjacent pavement or complete removal and replacement of the polymer modified asphalt concrete at no additional const to the Owner. Traffic shall not be permitted on the repaired areas until the material has cooled sufficiently to support vehicles and aircraft and prevent tracking. 101-4.5 CLEANUP. Cleanup shall be continuous throughout the Contractor's operations. Waste materials shall be collected and removed fi.om the pavement surface and adjacent areas by sweeping or vacuuming. All waste materials shall be disposed of off-site at a location approved by the Engineer. Precautions, acceptable to the Engineer, shall be taken by the Contractor to prevent waste material fi.om entering storm sewer systems. 101-5 METHOD OF MEASUREMENT. t01-5.1 Measurement for filling of joints and cracks (Type 0 crack repair) and for surface preparation shall be made on a lump sum basis for filling joints and cracks which are not otherwise being routed and sealed, or repaired, including cleaning and filling, complete and accepted by the Engineer. 101-5.1 Measurement for routing and sealing of existing joints and cracks (Type 1 and 2 crack repair) shall be made per linear foot for each type of repair of joints and cracks routed and sealed in accordance with this specification, completed and accepted by the Engineer. 101-5.3 Measurement for joints and cracks to be repaired with polymer modified asphalt concrete shall be the number of linear feet of joints and cracks prepared in accordance with this specification and details on the plans, completed and accepted by the Engineer. This item shall include but not be limited to the removal of all existing backer material and sealant, construction of a reservoir in accordance with the detail on the plans, cleaning of the joint or crack, and filling with polymer modified asphalt concrete. 101-6 BASIS OF PAYMENT. 101-6.1 Payment will be made at the contract lump sum price for filling of joints and cracks (Type 0 crack repair) by the Contractor and accepted by the Engineer. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. 101-6.2 Payment will be made at the contract unit price per linear foot for routing and sealing of existing joints and cracks (Type 1 and 2 crack repair) completed by the Contractor and accepted by the Engineer. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. 101-6.3 Payment will be made at the contract unit price per linear foot for joints and cracks to be repaired with polymer modified asphalt concrete completed by the Contractor and accepted by the Engineer. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: TS P-101-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I !1 I I I 1/07 Item P-lOI-6.1 Item P-IOI-6.1 Item P- 101-6.2 Item P-101-6.2 Item P-101-6.3 Surface Preparation - per lump sum Filling of Joints and Cracks (Type 0 crack repair) - per lump sum Routing and Sealing of Joints and Cracks (Type 1 crack repair) - per linear foot Routing and Sealing of Joints and Cracks (Type 2 crack repair) - per linear foot Repair of Joints and Cracks with Polymer Modified Asphalt Concrete - per linear foot END OF ITEM P-101 TS P-101-5 I I I I I I I I I I I I I I I I I I I ITEM P-605 JOINT SEALING FILLER 605-1 DESCRIPTION. 605-1.1 This item shall consist of sawcutting joints, providing and installing a resilient and adhesive joint sealing filler capable of effectively sealing joints and cracks in pavements, in accordance with the specifications and the Contract Drawings, or as directed by the Engineer. 605-2 MATERIALS. 605-2.1 JOINT SEALERS. Joint sealing materials shall meet the requirements of one or more of the following types as indicated on the Contract Drawings: FED SPEC SS-S-200E(2) Sealants, Joint, Two-Component, Jet-Blast Resistant, Cold Applied. ASTM D-1854 Jet Fuel Resistant Concrete Joint Sealer, Hot Applied Elastic Type ASTM D-3569 Joint Sealant, Hot Applied, Elastomeric, Jet Fuel Resistant Type, for Portland Cement Concrete Pavements ASTM D-3581 Joint Sealant, Hot Applied, Jet Fuel Resistant Type, for Portland Cement Concrete and Tar Concrete Pavements ASTM D 5893 Standard Specifications for Cold Applied, Single Component, Chemically Curing Silicone Joint Sealant for Portland Cement Concrete Pavements. ASTM D-6690 Type 11 or 111 Joint Sealants, Hot Applied, for Concrete and Asphalt Pavements Each lot or batch of sealing compound shall be delivered to the jobsite in the manufacturer's original sealed container. Each container shall be marked with the manufacturer's name, batch or lot number, the safe heating temperature, and shall be accompanied by the manufacturer's certification stating that the compound meets the requirements of this specification. 605-2.2 BACKER MATERIAL. Backer material shall meet the requirements of ASTM D 5249. Type I and 2 backer material may be used for hot-applied sealants. Type 1, 2 and 3 backer material may be used for cold-applied sealants. Unless otherwise shown, backer material shall be 25% to 35% larger in width or diameter than the joint width being sealed. Type I and Type 3 backer materials are round rods and are intended for use primarily where there is a reservoir, either already existing or formed, such as a contraction joint, where the rod will limit the sealant depth and prevent the sealant from bonding to the bottom of the joint reservoir. Type 2 backer material is a sheet or strip material of various thicknesses either laminated or skived and are intended primarily for use where there is an opening the full depth of the pavement, such as an expansion joint for which it is desirable to have a filler material completely fill the opening and prevent or minimize the accumulation of water or incompressible materials below the sealant. 605-3 SUBMITTALS AND CERTIFICATIONS. 605-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: Catalog Data showing that the joint sealer meets the requirements specified. TS P-605-1 Catalog data showing that backer material meets the requirements specified. 605-4 CONSTRUCTION METHODS. 605-4.1 TIME OF APPLICATION. Joints shall be sealed as soon as the concrete has cured the required amount of time. No traffic will be allowed on pavements (including construction vehicles) until the joints have been sealed in accordance with this Specification. The pavement temperature shall be above 40 degrees F at the time of the installation of the preformed joint seal or 50 degrees F at the time of installation of poured joint sealing material. 605-4.2 PREPARATION OF JOINTS. A Sawing. All joints shall be sawed in accordance with specifications and details. Immediately after sawing the joint, the resulting slurry shall be completely removed from joint and adjacent area by flushing with a jet of water, and by use of other tools as necessary. Sealing. Immediately before sealing, the joints shall be thoroughly cleaned of all remaining laitance, curing compound, and other foreign material. Cleaning shall be accomplished by sandblasting. Sandblasting shall be accomplished in a minimum of two passes. One pass per joint face with the nozzle held at an angle directly toward the joint face and not more that 3 inches from it. Upon completion of cleaning, the joints shall be blown out with compressed air free ofoil and water. Only air compressors with operable oil and water traps shall be used to prepare the joints for sealing. The joint faces shall be surface dry when the seal is applied. Cleaning shall not damage the joint face or the pavement surface, lfthe Engineer determines that damage to the joint face or pavement surface occurs, then the Contractor shall revise their cleaning methods. In areas where existing joint material is in poor condition, it shall be completely removed. Existing joint sealer in sound condition may remain in place, if so ordered by the Engineer, however, if joint sealer other than originally used is specified, all existing joint sealer shall be removed. 605-4.3 INSTALLATION OF SEALANTS. Joints shall be inspected for proper width, depth, alignment, and preparation, and shall be approved by the Engineer before sealing is allowed. Sealants shall be placed in accordance with the following requirements: Hot Poured Sealants. The joint sealant shall be applied uniformly solid from bottom to top and shall be filled without formation of entrapped air or voids. A backing material shall be placed as shown on the Contract Drawings and shall be both non-reactive and non-adhesive to the concrete or the sealant material. The heating kettle shall be an indirect heating type, constructed as a double boiler. A positive temperature control and mechanical agitation shall be provided. The sealant shall not be heated to more than 20 degrees F below the safe heating temperature. The safe heating temperature can be obtained from the manufacturer's shipping container. A direct connecting pressure type extruding device with nozzles shaped for insertion into the joint shall be provided. Any sealant spilled on the surface of the pavement, structures and/or lighting fixtures, shall be removed immediately. Backer material in the bottom of the joint to be sealed is required to control the depth of the sealant, to achieve the desired shape factor and to support the sealant against indentation and sag. Backer materials shall be compatible with the sealant, shall not adhere to the sealant, shall be compressible without extruding the sealant and shall recover to maintain contact with the joint faces when the joint is open. Cold Applied Sealants. Cold applied joint sealing compound shall be applied by means of pressure equipment that will force the sealing material to the bottom of the joint and completely fill the joint without spilling the material on the surface of the pavement. A backing material shall be placed as shown on the Contract Drawings and shall be non-reactive and non-adhesive to the concrete or the sealant material. Sealant that does not bond to the concrete surface of the joint walls, contains voids, or fails to set to a tack-free condition will be rejected and replaced by the Contractor at no additional cost. Before sealing the joints, the Contractor shall demonstrate that the equipment and procedures for preparing, mixing, and placing the sealant will produce a satisfactory joint seal. This shall include the preparation of two small 1/07 TS P-605-2 I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I ! I I I I I I batches and the application of the resulting material. Any sealant spilled on the surface of the pavement, structures and/or lighting fixtures, shall be removed immediately. Backer material in the bottom of the joint to be sealed is required to control the depth of the sealant, to achieve the desired shape factor and to support the sealant against indentation and sag. Backer materials shall be compatible with the sealant, shall not adhere to the sealant, shall be compressible without extruding the sealant and shall recover to maintain contact with the joint faces when the joint is open. 605-5 METHOD OF MEASUREMENT. 605-5.1 No separate measurement for payment shall be made for joint and crack sealing. Joint and crack sealing shall be considered necessary and incidental to the work of this Contract 605-6 BASIS OF PAYMENT. 605-6.1 No payment will be made separately or directly for joint and crack sealing. Joint and crack sealing shall be considered necessary and incidental to the work of this Contract and the costs shall be included in the various pay items involved. MATERIAL REQUIREMENTS ASTM D 1854 Jet-Fuel-Resistant Concrete Joint Sealer, Hot-Applied Elastic Type ASTM D3569 Joint Sealant, Hot-Applied, Elastometric, Jet-Fuel-Resistant Type, for Portland Cement Concrete Pavements ASTM D 3581 Joint Sealant, Hot-Applied, Jet-Fuel-Resistant Type, for Portland Cement Concrete and Tar-Concrete Pavements ASTM D 5893 Standard Specifications for Cold Applied, Single Component, Chemically Curing Silicone Joint Sealant for Portland Cement Concrete Pavements ASTM D 6690 Joint and Crack Sealants, Hot-Applied, for Concrete and Asphalt Pavements FED SPEC Sealants, Joint, Two-Component, Jet-Blast Resistant, Cold Applied SS-S-200E(2) END OF ITEM P-605 1/07 TS P-605-3 I I I I I I I I I I I I I I I I I ! ITEM P-612 FIELD OFFICE 612-1 DESCRIPTION. 612-1.1 This item shall consist of furnishing and maintaining an Engineer's Field Office for the exclusive use of and occupancy by the Engineer. It shall be the responsibility of the Contractor to install and maintain the Engineer's Field Office in compliance with all applicable building, safety, and health regulations and laws. 612-2 FIELD OFFICE. 612-2.1 SECTION NOT USED 612-3 FIELD OFFICE EQUIPMENT. 612-3.1 OFFICE DESKS AND CHAIRS. The Contractor shall provide 1 office desk that is at least 2-1/2 feet by 5 feet each and 2 office chairs. 612-3.2 DRAFTING TABLE AND STOOLS. The Contractor shall provide 1 drafting table which is approximately 3 feet by 6 feet and 2 stools. 612-3.30FF1CE TABLE. The Contractor shall provide an office table which is at least 3 feet by 6 feet. 612-3.4 TELEPHONES & SERVICE. The Contractor shall provide one telephone. The telephone shall have modular jack at the wall and phone and shall be adaptable to electronic communications. The telephones shall be provided with a cord length of at least 23 feet. The Contractor shall provide at least and two separate telephone lines for the exclusive use of the Engineer. One line will be used for voice transmission and one will be used for the facsimile machine. A third line may be required ifinternet access is not available through cable or DSL service. Refer to the "Computer Equipment & Appurtenances" requirements below. 612-3.5 TELEPHONE ANSWERING DEVICE. The Contractor shall provide an FCC approved automatic answering device capable of recording outgoing messages of 60 seconds long and receiving a minimum of 40 incoming messages of 60 seconds duration each. The device shall include a message mark so you can hear new messages without erasing old messages. The device shall include remote programming of playback, backspace, and outgoing message re-record. The device shall include computer generated voice marking of time and day of each message received. The device shall allow for the retrieval of messages without a remote beeper unit. 612-3.6 CELL PHONE EQUIPMENT. The Contractor shall provide one AT & T cellular phone(s) for use by on-site inspection staff. Each cell phone shall come equipped with a standard 120V wall charger and a 12V (cigarette lighter) charger. The Contractor's representative on the project site shall also possess a cellular phone. 612-3.7 COMPUTER EQUIPMENT & APPURTENANCES. The Contractor shall provide and maintain a personal computer (PC) in the field office. The computer equipment shall be set up, configured, and operational at the time of the field office set up. Manuals shall be provided for all equipment and sottware, and all required appurtenances shall be provided and maintained. The Contractor shall maintain a replacement supply of printer paper, spare printer ink cartridges, and spare print heads in the filed office. The supply shall be replenished as needed throughout the duration of the project. The PC shall meet the following minimum criteria: 1.0 GHz Intel Pentium processor VGA Monitor 128 MB of RAM 20 GB hard drive U.S. Robotics Sportster 56K modem or equal TS P-612-1 Windows XP Office Small Business Edition Microsoft compatible mouse The following additional items shall be provided: High Speed lntemet connection and modem via Cable (e.g. Road Runner) or DSL. Upon authorization of the Engineer, a Wireless Network Interface Card (e.g. AT & T) may be provided if neither of these are available at the jobsite location. If authorized, a separate dedicated telephone line shall be provided for internet access. LinkSys WRT54GX2 Wireless-G Broadband Router or an approved equal USB Printer Cable, 15 fi. minimum length UPS (uninterruptible power supply) sized for operation of computer and printer for a minimum of 20 minutes A fully assembled, freestanding microcomputer system workstation with a 5 foot long by 3 foot wide work surface and a height of 28 inches. The workstation shall include an adjustable shelf approximately 12 inches wide and at least 36 inches long. An fully assembled ergonomic microcomputer workstation chair with arms, 5 legs, casters and adjustable from approximately 16 inches to 24 inches height by a pneumatic gas cylinder. An antistatic tabletop mat for the microcomputer system workstation with an approximate size of 24 inches by 30 inches. An ergonomic and height adjustable "wrist mst" keyboarding support at~ached to the microcomputer system workstation. 612-3.8 PRINTER/FAX/COPIER/SCANNER. The Contractor shall provide a desk top type multi-function Printer/Fax/Copier/Scanner machine. The printer/copier portion of the machine shall be a color photocopier capable of copying from and to 8-1/2 x 11 inch, 8- 1/2 x 14 inch and 11 x 17 inch paper. The facsimile portion of the machine shall be capable of sending and receiving faxes. The facsimile machine shall be connected to a dedicated phone line. The facsimile machine shall use 8-1/2 x 1 I paper and shall transmit and receive at less than 20 seconds per page. The machine shall be automatic paper feed for receiving and sending. The resolution shall be standard with a 16-shade gray scale. The scanner shall be capable of scanning up to 1 lx17 inch paper. The Contractor shall also provide a supply of each size paper and each color ink cartridge. The Contractor shall replenish the supplies when required by the Engineer. 612-3.9 DIGITAL CAM ERA. The digital camera shall be a minimum 3.0 megapixel camera with 3x optical zoom and 3x digital zoom. The camera shall have a rechargeable battery pack and a 120v wall charger. The camera shall have a built in flash which is capable of being turned off. The camera shall have 16mb minimum storage capacity with a USB port and cable for downloading photographs. The camera shall be capable of time and date overlays. 612-3.10 ADDING MACHINE. The Contractor shall provide a tape type adding machine with four functions and registering to at least 10 digits. The Contractor shall also provide a supply of rolls of tape and replenish them throughout the project as required by the Engineer. 612-3.11 REFRIGERATOR. The Contractor shall provide a standard electric cold storage type refrigerator providing a minimum storage space of 3 cubic feet. 612-3.12 VERTICAL FILING RACK. The Contractor shall provide one vertical filing rack which is capable of holding 6 sets of plans. 612-3.13 ROLL FILE UNIT. The Contractor shall provide one roll file unit with 12 compartments for storing rolled drawings and cross-sections. The roll file unit shall be at least 2 feet long and each compartment shall be 6 inches by 6 inches. 612-3.14 METAL STORAGE CABINET. The Contractor shall provide one metal storage cabinet with four adjustable t/07 TS P-612-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! shelves, a tumbler lock and 2 keys. 612-3.15 FIRE RESISTANT CABINETS. The Contractor shall provide one fire resistant cabinet. Cabinet shall be 4 drawer, legal size with lock and 2 keys, meeting the requirements for"Insulating Filing Devised, Class 350-1 Hour (D)" of ANSIFLIL 72 or the Class D rating of Underwriters Laboratories specification for insulated filing devices. 612-3.16 LOCKER. The Contractor shall provide a metal or wood locker, with lock, of sufficient size for storage of equipment and supplies. 612-3.17 COAT RACKS. The Contractor shall provide a metal or wooden coat rack in each room. The coat rack shall be capable of holding at least 4 coats. 612-3.18 BOOKCASES. The Contractor shall provide self-standing 3 shelf metal bookcase in each room. The bookcase shall be approximately 4 feet high by 4 feet wide by 1 foot deep. 612-3.19 FIRST AID KIT. The Contractor shall provide a tn'st aid kit properly stocked with appropriate first aid supplies. 612-3.20 FIRE EXTINGUISHERS. The Contractor shall provide one fire extinguisher per room. The fire extinguisher shall be a non-toxic dry chemical, fire extinguisher meeting Underwriters Laboratories, lnc., approval for Class A, Class B and Class C fires with a minimum rating of 2A:10B:10C. 612-3.21 THERMOMETER. The Contractor shall provide a minimum-maximum Fahrenheit thermometer. 612-3.22 PENCIL SHARPENERS. The Contractor shall provide two manual or electric standard pencil sharpeners. 612-3.23 TACK BOARDS. The Contractor shall provide a cork tack board mounted on a wall in each room. The tack board shall be a minimum of 2 feet high by 4 feet wide. 612-3.24 WASTE PAPER BASKETS. The Contractor shall provide a metal waste basket in each room. 612-3.25 MAILBOX. The Contractor shall provide and install a standard mailbox. The mailbox shall be installed at a location to be determined during construction. 612-3.26 AIRPORT COMMUNICATION SYSTEM. The Contractor shall obtain, for use by the Engineer, one VHF Air Band Transceiver. The frequency used for this project shall be 122.8 Mhz. The transceiver shall be ICOM A6, as manufactured by ICOM America, Inc., or equal. Radio shall come equipped with two battery packs, one standard 120V wall charger and one 12V (cigarette lighter) charger. When the Contractor has completed work on the project and before the Project is accepted by the Owner, transceiver and equipment shall be furnished in good working condition to Owner Representative. 612-4 METHOD OF MEASUREMENT. 612-4.1 Payment will be made at the lump sum price bid for the field office. 612-5 BASIS OF PAYMENT. 612-5.1 The lump sum price bid shall include the cost of all labor, material, equipment, utility charges and all incidentals necessary to complete this item. Partial payments may be made at the discretion of the Engineer as the work progresses, based on contract time or percent work complete. Payment will be made under: Item P-612-5.1 Field Office - per lump sum END OF ITEM P-612 TS P-612-3 I I I I I I I I I I I I I I I I I ITEM P-620 RUNWAY AND TAXIWAY PAINTING 620-1 DESCRIPTION. 620-1.1 This item shall consist of the painting of numbers, markings, and stripes, including reflective media and the removal of existing markings on the surface of pavements, in accordance with these specifications and at the locations shown on the Contract Drawings, or as directed by the Engineer. 620-2 MATERIALS. 620-2.1 MATERIALS ACCEPTANCE. The Contractor shall furnish manufacturer's certified test reports for materials shipped to the project. The certified test reports shall include a statement that the materials meet the specification requirements. The reports can be used for material acceptance or the Engineer may perform verification testing. The reports shall not be interpreted as a basis for payment. The Contractor shall notify the Engineer upon arrival of shipment of materials to the site. 620-2.2 PAINT. Paint shall be Waterborne in accordance with the requirements Federal Specification TT-P- 1952D. Paint shall be furnished in Type I (standard drying time for no-pick-up) or Type I! (fast drying time for no- pick-up) when tested in accordance with ASTM D-711. Colors shall be White No. 37925, Yellow No. 33538, Yellow No. 33655, Red No. 31136 or Black No. 37038 in accordance with Federal Standard No 595. 620-2.3 REFLECTIVE MEDIA. Glass beads shall meet the requirements of Federal Specification TT-B-1325 Type 1, gradation A or Type III. Glass beads shall be treated with all compatible coupling agents recommended by the manufacturers of the paint and reflective media to ensure adhesion and embedment. 620-3 SUBMITTALS AND CERTIFICATIONS. 620-3.1 Submittals of "Shop and Setting Drawings", "Working Drawings", "Catalogue Data" and "Certifications" for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows: Manufacturer's certified test reports showing that paint meets the requirements specified. Manufacturer's certified test reports showing that reflective media meets the requirements specified. 620-4 CONSTRUCTION METHODS. 620-4.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry and when the surface temperature is above 45 degrees F and rising and the pavement surface temperature is at least 5 degrees F above the dew point, and when the weather is not foggy or windy. The suitability of the weather will be determined by the Engineer. Markings shall not be applied when the pavement temperature is greater than 120 degrees F. 620-4.2 EQUIPMENT. All equipment for the work shall be approved by the Engineer and shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, a bead and or silica dispensing machine, and such auxiliary hand-painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spray-type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall apply markings of uniform cross sections and clear-cut edges without running or spattering and without over spray. 620-4.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material which would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials without damage to the pavement surface. Use of any chemicals or impact abrasives during surface preparation shall be approved in advance by the Engineer. Paint shall not be applied to Portland cement concrete pavement until the areas to be painted are clean of curing TS P-620-1 material. Sandblasting or high-pressure water shall be used to remove curing materials. No direct payment for the work of this section will be made. All preparation of surfaces shall be considered a necessary and incidental part of the work and the costs shall be included in the various pay items involved 620-4.4 LAYOUT OF MARKINGS. On those sections of pavement where no previously applied markings are available to serve as a guide, the proposed markings shall be laid out in advance of the paint application. 620-4.5 NON-CONFORMING MARKINGS. Existing markings that do not conform with proposed markings shall be removed by sandblasting or vacuum blasting, such that 95% of all paint is removed to the satisfaction of the Owner and Engineer. At~er removal of non-conforming on bituminous asphalt pavements, Contractor shall apply a pavement sealer to the area. Pavement sealer shall be applied in accordance with the manufacturers recommendations. Black paint shall not be used to cover non-conforming markings. No direct payment for the work of this section will be made. All marking removal shall be considered a necessary and incidental part of the work and the costs shall be included in the various pay items involved. 620-4.6 APPLICATION. Contractors shall also apply reflective media to the paint. There shall be no measurement for payment for providing reflective media. The costs for providing the materials shall be considered incidental to the work and shall be included in the pay items involved. Paint shall be applied at the locations and to the dimensions and spacing shown on the Contract Drawings. Paint shall not be applied until the layout and condition of the surface has been approved by the Engineer. The edges of the markings shall not vary from a straight line more than 1/2 inch in 50 feet and marking dimensions shall be within the following tolerances: Dimension and Spacing 36 inches or less greater than 36 inches to 6 feet greater than 6 feet to 60 feet greater than 60 feet +/- 1/2 inch +/- 1 inch +/- 2 inches +/- 3 inches All paint delivered to the job site must be accompanied by the manufacturer's certification. The paint shall be delivered in sealed containers clearly labeled by the manufacturer. The reports shall not be interpreted as a basis for final acceptance. The Contractor shall notify the Engineer upon arrival of a shipment of paint to the job site. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine. The addition of thinner will not be permitted. A period of time in accordance with the manufacturer's recommendation shall elapse between placement of a bituminous surface course or seal coat and application of the paint. Glass beads shall be distributed upon the marked areas immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing glass beads. Application for waterborne paint shall be no more than 115 s.f./gal. Application rates for glass beads, Type l, Gradation A shall be no less than 7 lbs./gal of paint, and for Type Ill, no less than 12 lbs./gal of paint. Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. For temporary markings, the application rate shall be no more than 230 square feet per gallon. All emptied containers shall be returned to the paint storage area for checking by the Engineer. The containers shall not be removed from the airport or destroyed until authorized by the Engineer. 620-4.7 REMOVAL OF TEMPORARY MARKINGS. Temporary markings shall be removed in accordance with Section 4.5, Non-Conforming Markings, of this specification. No direct payment will be made for this item. The costs of removal of temporary markings shall be included in ltem M-100, Maintenance and Protection of Traffic. 620-4.8 PROTECTION AND CLEANUP. After application of the paint, all markings shall be protected from TS P-620-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I damage until the paint is dry. All surfaces shall be protected fi.om excess moisture and/or rain and from disfiguration by spatter, splashes, spillage, or drippings of paint. The Contractor shall remove from the site all debris, waste, loose or unadhered reflective media, and by-products generated by the surface preparation and application operations to the satisfaction of the Engineer. The Contractor shall dispose of these wastes in sa'itt compliance with all applicable state, local, and Federal environmental statutes and regulations. 620-5 METHOD OF MEASUREMENT. 620-5.1 The quantity of runway and taxiway painting to be paid for shall be the number of square feet of paint (including glass beads) complete in place, or paint removed, all performed in accordance with the specifications and accepted by the Engineer. 620-6 BASIS OF PAYMENT. 620-6.1 Payment shall be made at the Contract unit price per square foot for runway and taxiway painting (including glass beads). This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-620-6.1 Runway and Taxiway Painting - per square foot ASTM C 136 ASTM C 146 ASTM D 711 Fed Spec TT-B-1325 Fed. Spec. TT-P-110 Fed Spec TT-P-1952 Fed Spec. R-P-355d Fed Std 595 TESTING REQUIREMENTS Sieve Analysis of Fine and Coarse Aggregates Chemical Analysis of Glass Sand No-Pick-Up Time of Traffic Paint MATERIAL REQUIREMENTS Beads (Glass Spheres) Retroreflective Paint, Traffic Black (Non-reflectorized) Paint, Traffic and Airfield Marking, Waterborne Pitch, Coal Tar Emulsion (Coating for Bituminous Pavements) Colors used in Government Procurement END OF ITEM P-620 TS P-620-3 I I ! I I I I I I I I I I I I I I I I ITEM M-100 MAINTENANCE AND PROTECTION OF TRAFFIC 100-1 DESCRIPTION. 100-1.1 GENERAL. Thisworkshailconsistofmaintainingaircraflandvehicular trafficandprotectingthepublicfi'om damage to person and property within the limits of and for the duration of the Contract. The requirements of Section 619, as specified in the New York State Department of Transportation Standard Specifications latest issue, plus all revisions and addenda pertaining thereto, shall apply with the following modifications and/or revisions as described below. Contractor is responsible for maintenance and repair of these items, regardless of cause of damage, until the project is accepted. The following additional items are specifically included without limiting the generality implied by these Specifications and the Contract Drawings. Contractor is responsible for maintenance and repair of these items, regardless of cause of damage, until the project is accepted. Restoration of all surfaces disturbed as a result of the Con,actor's Operations which are not otherwise paid for. Installation, maintenance, repair and removal of temporary access roads and maintenance and repair of existing access roads. Installation, maintenance, repair and removal of temporary security fencing and gates. Installation, maintenance, repair and removal of temporary barricades, barricade lights, barricade flags, warning signs and hazard markings. Installation o£permanent barricades, warning signs and hazard markings. Installation, maintenance, repair and removal of temporary lights and lighting circuits. Temporary above ground lighting cables, if approved, shall be delineated with stakes and flagging at the direction of the Engineer. Installation, maintenance, repair and removal of temporary NAVAIDS. Installation, maintenance, repair and removal of all temporary markings. Testing and maintenance of existing and new lighting circuitry. Cleaning and maintenance o£ all paved areas. Security requirements. 100-2 METHOD OF MEASUREMENT. 100-2.1 Measurement for payment of maintenance and protection of traffic will be made on a lump sum basis. Measurement for partial payments, at the discretion of the Engineer, will be in proportion to the total amount of contract work completed. 100-3 BASIS OF PAYMENT. 100-3.1 The lump sum price bid for maintenance and protection of traffic shall include all equipments, materials and labor necessary to adequately and safely maintain and protect traffic. In the event the contract completion date is extended, no additional payment will be made for maintenance and protection of traffic. t/o7 TS M-lO0-1 Partial payments of the lump sum price bid may be made for this item as the work progresses, at the discretion of the Engineer, less any deductions for unsatisfactory maintenance and protection of traffic. No payment will be made under maintenance and protection of traffic for each calendar day during which there are substantial deficiencies in compliance with the Specification requirements of any subsection of this Section as determined by the Engineer. The amount of such calendar day non-payment will be determined by dividing the lump sum amount bid for maintenance and protection of traffic by the number of calendar days between the date the Contractor commences work and the date of completion as designated in this proposal, without regard to any extension of time. If the Contractor fails to maintain and protect traffic adequately and safely for a period of 24 hours, the Owner shall correct the adverse conditions by any means it deems appropriate and shall deduct the cost of the corrective work from any monies due the Contractor. The cost of this work shall be in addition to the liquidated damages and non-payment for maintenance and protection of traffic listed above. However, where major nonconformance with the requirements of this Specification is noted by the Engineer and prompt Contractor compliance is deemed not to be obtainable, all contract work may be stopped by direct order of the Engineer regardless of whether corrections are made by the Owner as stated in the paragraph above. Payment will be made under: Item M-100-3.1 - Maintenance and Protection of Traffic - per lump sum END OF ITEM M-100 TS M- 100-2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ITEM M-150 PROJECT SURVEY AND STAKEOUT 150-I DESCRIPTION. 150-1.1 Project survey and stakeout shall be in accordance with this specification. The Contractor shall do all necessmy surveying required to construct all elements of the Project. Project survey and stakeout shall be performed by competently qualified personnel acceptable to the Engineer. The survey and stakeout shall be progressed in advance of construction operations such that the layout does not impede the construction schedule. All survey work shall be provided under the direction ora Licensed Surveyor licensed in the State in which the project is located. 150-2 MATERIALS. 150-2.1 AIl instruments, equipment, stakes and any other material necessary to perform the work satisfactorily shall be provided by the Contractor. It shall be the Contractors responsibility to maintain these stakes in their proper position and location at all times. Upon request, the Contractor shall make available to the Engineer, a rod, level, and tripod. The rod shall be 15 foot in length with hundredth ora foot graduation. The level shall be self leveling and have documentation demonstrating it has been calibrated within one month of the project's commencement. All equipment provided shall be in good working order and maintained by the Contractor throughout the duration of the project. 150-3 CONSTRUCTION DETAILS. 150-3.1 Project survey and stakeout shall be in accordance with Section 50-06 "Construction Layout and Stakes" of the General Provisions. The Contractor shall be responsible for trimming trees, brush and other objects from survey lines in advance of all survey work to permit accurate and unimpeded work by his survey crews. The exact position of all work shall be established from control points, baseline points or other points of similar nature which are shown on the Contract Drawings. Any error, apparent discrepancy or absence in or of data shown or required for accurately accomplishing the stakeout survey shall be referred to the Engineer for interpretation or furnishing when such is observed or required. Stakes shall be clearly and legibly marked based on computations and measurements made by the Contractor. Markings shall include centerline station, offset and cut or fill marks. If markings become faded or blurred, they shall be restored by the Contractor, if requested by the Engineer. Contractor shall locate and place all cut, fill, slope, fine grade or other stakes and points for the proper progress of the work. All control points shall be properly guarded and flagged for easy identification. Reference points, baselines, stakes and benchmarks for borrow pits shall be established by the Contractor. Permanent survey marker locations shall be established and referenced by the Contractor. The Contractor shall be responsible for the accuracy of his work and shall maintain all reference points, stakes, etc., throughout the life of the Contract. Damaged or destroyed points, benchmarks or stakes, or any reference points made inaccessible by the progress of the construction, shall be replaced or transferred by the Contractor. Any of the above points which may be destroyed or damaged shall be transferred by the Contractor before they are damaged or destroyed. All control points shall be referenced by ties to acceptable objects and recorded. Any alterations or revisions in the ties shall be so noted and the information furnished to the Engineer immediately. All stakeout survey work shall be referenced to the centerlines shown on the Contract Drawings indicating station and offset. All computations necessary to establish the exact position of the work from control points shal} be made by the Contractor. All computations, survey notes and other records necessary to accomplish the work shall be neatly made, and shall be made available to the Engineer upon request. 3/08 TS M-150-1 The Engineer may check all or any portion of the stakeout survey work or notes made by the Contractor. Any necessmy correction to the work shall be made immediately by the Contractor. Such checking by the Engineer shall not relieve the Contractor of any responsibilities for the accuracy or completeness of his work. Upon completion of all grading and paving work, the Contractor shall re-establish baseline points, control points, and centerline points at 100 foot stations. The baseline points, control points, and centerline points to be established shall be the same as those used to develop design quantities. Prior to the final cross-section survey of any borrow pits by the Engineer, the Contractor shall re-establish baseline points and stationing, as well as any necessary benchmarks as required by the Engineer. Existing property comers, markers, stakes, iron pins, and survey monuments defining property lines which may be disturbed during construction shall be properly tied into fixed reference points before being disturbed and accurately reset in their proper position upon completion of the work. 150-4 METHOD OF MEASUREMENT. 150-4.1 Measurement for payment of project survey and stakeout will be made on a lump sum basis. Measurement for partial payments, at the discretion of the Engineer, will be in proportion to the total amount of contract work completed. 150-5 BASIS OF PAYMENT. 150-5.1 The lump sum price bid shall include the cost of furnishing all labor, equipment, instruments and all other material necessary to satisfactorily complete the project surveying and stakeout. Partial payments of the lump sum price bid may be made for this item as the work progresses, at the discretion of the Engineer. Payment will be made under: Item M-150-5.1 Project Survey and Stakeout - per lump sum END OF ITEM M-150 TS M-150-2 I I I I I I I ! I I I I I I I I I I I '1 I I I I I I I I I I I I I I I I I I ITEM M-200 MOBILIZATION 200-1 DESCRIPTION. 200-1.1 Under this work the Contractor shall set up his necessary general plant, including shops, storage areas, office and such sanitary and other facilities as are required by local or state law or regulation. 200~2 MATERIALS. 200-2.1 Such materials as are required for mobilization and that are not to be a part of the completed contract shall be as determined by the Contractor, except that they shall conform to all pertinent local or state law, regulation or code. 200-3 CONSTRUCTION DETAILS. 200-3.1 The work required to provide the above facilities and services for mobilization shall be done in a safe and workmanlike manner and shall conform with any pertinent local or state law, regulation or code. Good housekeeping consistent with safety shatl be maintained. 200-4 METHOD OF MEASUREMENT. 200-4.1 Payment for mobilization will be made on a lump sum basis. 200-5 BASIS OF PAYMENT. 200-5.1 The amount bid for mobilization for the base bid shall not exceed four percent (4%) of the base bid price, excluding the bid price for mobilization. The amount bid for mobilization for alternates, or alternate add-ons, where a mobilization item is listed, shall not exceed four percent (4%) of the total bid price for that alternate, or that alternate add-on, excluding that alternate's bid price for mobilization. Should the bidder exceed the foregoing four percent (4%), the engineer will make the necessary adjustment to determine the total amount bid based on the arithmetically correct proposal. The amount bid shall include the furnishing and maintaining of services and facilities noted under 200-1, Description, to the extent and at the time the Contractor deems them necessary for his operations, consistent with the requirements of this work and the respective contract. The amount bid shall be payable to the Contractor with the first progress estimate made for other contract work. Unless provided for elsewhere, the cost of required insurance and bonds and/or any initiation of the contract work may be included in this work. Payment will be made under: Item M-200-5.1 Mobilization (4% Maximum) - per lump sum END OF ITEM M-200 TS M-200-1 Southold Town Board - Letter Board Meeti?g' o~tober 6, 2009 RESOLUTION 2009-809 ADOPTED Item # 5.15 DOC ID: 5333 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-809 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Hi-Lite Markings~ Inc. for the Fishers Island Elizabeth Field Airport Runway Crack Repair and Sealing Proiect in the amount of $139,048.00 in connection with NYS DOT Project Nos. 0913.16(D) and 0913.17(C), FAA AIP Nos. 3-36-0029-16-09(D) and 3-36-0029-17-09(C), subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RI:$tl 1T-. ~,DOPTI:D [IJ N~,NlblOUS] IqOVER: William Ruland, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated October 13, 2009 Page 23 (Endorsement R · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiipieca, or on the f~ont if space permits. 1. Article Addressed to: 2. Article Number O~,,~fe,' fr~n ~'vi~o ~' m h ,-- DAgent a. ~ by (p~,~dName) C. D~;~ivery D. iSde~ive~addmesdiffemntf~om~teml? rTYes if YES, enter delivery address b~ow: r-I No ~C~tifled Mall [] Express Mai [] Registered [] Return Receipt for Merchandise . i-I Insured Malt r-I C.O.D. Restricted Deliver? (Ex~a Fee) [] Yes 7009 0820 0001 7820 9959 PS Form 3811, February 2004 102595-02-M~154u AL Ceff~ed Postrnmk Here · Complete items 1, 2~ and 3. Also o0mptMe item 4 if Restricted Delivery I~ desired. · Print your name and addmas on the reverse so that we can retum the cerd to you. · Attach this card to the back of the rnallplece, or on the front if space permits. 1. Article Addressed to: 2. Article Number ~rans fer from sen/ce lebe0 PS Form 3811, February 2004 DAg~t D. Is d~lv~y addm~,e different from item 17 ff YES. enter de~ addmes below: [] No [] Reglstemd [] Insured Mall [] Expmes M~I [] Retum Receipt for Memhandise [] C.O.D. 4. Restricted Dallve~? (Ex~a Fee) [] Yes 7009 0820 0001 7820 9966 or PO Box No. ; Slate, ZIP+4 · item 4 if Restricted Oelivetyls dealn~cl. ~ ~t · Print your n~e ~ ~ ~ ~ ~ ~ ~d~ so that we~ ~ ~e~, · A~ch ~ ~ ~ ~ ~ ~ ~1~, or on the ~ E ~ ~. 1. ~icle~to: ~~17 ~Y~ ~ ~ ff~~~ ~No D ~ ~[ ~ C,O,D. · ~ ~ ~) ~y~ 2. Article Number (Transfer from sem~ 7009 0820 0001 7820 9980 PS Form 3811, Fel:at~7 2004 Oam~lle I~um R~all~ 102ssr~o2~-l~4e · Complete items 1, 2, and 3. Aiso complete item 4 if Restricted Delivery is desired. · Print your name and eddmss on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Date of Dellve~ D. Isdeite~jaddreesdlrmam~fmmiteml? i-lyes ff YES, eater de~v~y addmea below: rnNo [] Regt~efed [] Re~um Receipt for Merchandise [] II Mall [~, ,4. ~~m) O~ 2. Article Number (l~nsfer from sen4ce lebeO PS Form 3811, February 2004 7009 0820 0001 782~0 9~942 · Complete items 1, 2, and 3. Abo =emp~e · Print your name and addr~ on tile reverse so that we cen return the can:l to you. · Attach this card to the back of b~e mallple~ or on the fl'ont If space permits. PS Form 3811, Fa=n~y 20O4 [] E~p*e~ M~ r-I Re~um Rec~pt for Merchandise [] C.O.D. 4. R~',~?~._ __ _ Oeavm~ ~'~m Fee) Oyes 7009 0820 0001 7820 5562 2. A~icle Number ~'~.s~,,~ 7009 0820 0001 7820 ACORD. CERTIFICATE OF LIABILITY INSURANCE 9/2/2009 PRODUCER Phone: 315-451-1500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Haylor, Freyer & Coon, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE · HOLDER· THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 231 Salina Meadows Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4743 Syracuse NY 13221-4743 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER_Al_National Fire Ins CO of Hartfc7000 Hi-Lite Markings Inc ~NSURE~_B:_V. alley Forge Insurance Compan 7000 18249 Hi Lite Drive Adams Center NY 13606 ~NSURERC:National Union Fire Ins. Co. INSURER D: INSURER E: COVERAGES ?HE POLICIES OF INSUPJ%NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TER/~ OR CONDITION OF ~ CONTRACT OR OTNER DOCUMENT WITB RESPECT TO WEICE THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUP~ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE ?ERMS, EXCLUSIONS A~D CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN ~[AY HAVE BEEN REDUCED BY PAID CLAIMS. A GENERAL UAS~UTY 3014338431 9/1/2009 9/1/2010 ~,CH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES{Eaoccurence) $300 , 000 I CLAIMSMADE X[~ OCCUR UEDEXP(Al~yoneperso.) $ 10, 000 X ~ PERSONAL&ADVINJURY $ i, 000, 000 Dama~ge_ D_ed, ......... GENERALAGGREGATE $ 2 · 000. 000 B --- AUTOMOEIILE MABIUTY 3016505674 9/1/2009 9/1/2010 COMBINE D SINGLE LIMIT X ANYAUTO (Ea accident) $ 1 ~ 000 ~ 000 (Per accidenl) $ AUTO ONLY: AGG $ C EXCESSPJMBRELLALIABIMTY BE044158105 9/1/2009 9/1/2010 EACH OCCURRENCE $ 25, 000, 000 ~ oCCUR I__JCLAIMSMADE AGGREGATE $ 25, 000, 000 $ B WORKERSCOMPENSATIONAND 016505660 9/1/2009 9/1/2010 X ITORYL,M,TSI' A OTHER ~014338431 9/1/2009 9/1/2010 Special Form $100,000 Limit Blanket Installation ~roject: {BLM#59 2363); Elizabeth Field, Runway Crack Repair and Sealing, F~,A AIP NO. 3-36-0029-17-09- Fown of Southold (Owner), FAA, NYSDOT and C&S Engineers, including their agents, officers and employees are included as insurance will be primary, and not contributing with, any other available insurance coverage of ~wner. A thirty (30} ~ay written notice of cancellation applies. Waiver of Subrogation in favor of Owner applies as required by written CERTIFICATE HOLDER CANCELLATION Town of Southold 53095 Route 25 Southold NY 11971 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TBEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TBE CERTIFICATE HOLDER N~J~ED TO THE LEFT, BST FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ' t ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 18, 2009 "10o ooo 7 ao qqq Hi-Lite Markings ][nc Richard McNeely, III PO Box 460 Adams Center, NY 13606 Dear Mr. McNeely, III: Congratulations. At the regular Town Board meeting held on August 11, 2009, the Town Board accepted the bid of Hi-Lite Markings lnc for Elizabeth Field Airport Runway Crack Repair and Sealing. A certified copy of the resolution is enclosed. The bid bond will be returned to you at the end of the contract. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILI,~,,, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MAH~IAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Botl~ Construction James E. O'Brien, Jr. 170 East Service Road Binghamton, NY 13901 August 18, 2009 Dear Mr. O'Brien, Jr.: At the regular Town Board meeting held on August 11, 2009, the Town Board accepted the bid of Hi-Lite Markings Inc for Elizabeth Field Airport Runway Crack Repair and Sealing. A certified copy of the resolution is enclosed. Your bid bond is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVIIJ,E~ RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ~00~ 0~00~OI KJB Industries Patricia Panchak 14 Central Drive Riverhead, NY 11901 August 18, 2009 Dear Ms. Panchak: At the regular Town Board meeting held on August 11, 2009, the Town Board accepted the bid of Hi-Lite Markings Inc for Elizabeth Field Airport Runway Crack Repair and Sealing. A certified copy of the resolution is enclosed. Your bid bond is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk mns. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 18, 2009 Cora77ini Asphalt Inc Richard Corazzini Jr PO Box 1281 Cutchogue, NY 11935 Dear Mr. Corazzini, Jr.: At the regular Town Board meeting held on August 11, 2009, the Town Board accepted the bid of Hi-Lite Markings Inc for Elizabeth Field Airport Runway Crack Repair and Sealing. A certified copy of the resolution is enclosed. Your bid bond is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk BBS. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Axtclls Inc Jeremy Cunningham RR#1, Box 431 Olyphant, PA 18447 August 18, 2009 Dear Mr. Cunningham: At the regular Town Board meeting held on August 11, 2009, the Town Board accepted the bid of Hi-Lite Markings Inc for Elizabeth Field Airport Runway Crack Repair and Sealing. A certified copy of the resolution is enclosed. Your bid bond is being returned to you. Thank you for your bid. Ens. Very truly yours, Lynda M Rudder Deputy Town Clerk Southold Town Board - Letter Board Meeting of August 11, 2009 RESOLUTION 2009-681 ADOPTED Item # 5.6 DOC ID: 5207 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-681 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11, 2009: RESOLVED that the Town Board of the Town of Southold, at the request of the Fishers Island Ferry. District, hereby accepts the bid of Hi-Lite Markings, Inc. of Adams Center, NY, for the contract titled "Elizabeth Field Airport Runway Crack Repair and Sealing" FAA AIP No. 3-36-0029-16-09 (D), NYSDOT Project No. 0913.16 (D) in the amount of $139,048.00, all in accordance with the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIHOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 17, 2009 Page 12 / C&S Companies 499 Col. Eileen Collins Blvd. Syracuse, NY 13212 p: (315) 455-2000 f: (315) 455-9667 www. cscos.com July 15, 2009 Mr. Thomas Doherty P.O. Box H Fisher's Island, NY 06390 ~ECEIVED j'JL 2 1 2009 Re: Elizabeth Field Airport Runway Crack Repair and Sealing FAA AIP Project No. 3-36-0029-16-09 (D) NYSDOT Project No. 0913.16 (D) File: 211.012.001 Dear Mr. Doherty: Five bids for the above referenced project were received on July 9, 2009 at 10:00am. The bids were reviewed, tabulated and the low bidder is as follows: CONTRACTOR BID AMOUNT Hi-Lite Markings, Inc. 18249 Hi-Lite Drive, P.O. Box 460 Adams Center, NY 13606 Richard McNeely 11I PH: 315-583-6111 FX: 315-583-5807 $139,048.00 The low bid submitted was reviewed and found to be in order. For a complete breakdown of the bid amounts and the remaining bidders, please refer to the attached bid tabulation. The low bid submitted is 53% below the Engineer's Opinion of Construction Cost for the project and is considered reasonable. We have verified with the low bidder that his bid is correct and that they fully understand the scope of work. The Federal Aviation Administration is expected to issue a grant to the Town of Southold for the project based upon the bid amount for the base bid only. The low bidder has completed several similar projects at airports in New York State. f:\project~211 - town of southold~211012001 rw crack r epair\design~orres pondence~recommendation of award.doc July 15, 2009 Page 2 We have reviewed Hi-Lite's DBE Plan. They have committed to using $0.00 which is 0% of the contract. The goal for this Contract is 2.4%. The low bidder's documentation of good faith effort includes sending out eight letters requesting quotations without any responses. If this plan is not acceptable, please let us know and we'll request additional good faith effort from them. A copy of the DBE documentation is enclosed. Based on our review of information submitted and our past experience with this contractor, we recommend award of the Contract in the mount of $139,048.00 to Hi-Lite Markings, Inc. in accordance with the conditions o f award stipulated in their bid and contingent upon Federal Aviation Administration concurrence. If you agree with our recommendation of award and accept the DBE Plan, please feel free to utilize the enclosed sample Notice of Award letter. Please contact us should you disagree with our recommendation and decide not to award to Hi-Lite Markings. We will be happy to discuss your options within the Contract Documents. Please note as per the specifications Section 30-02, Award of Contract, the Town of Southold has 45 days to award the contract from the bid opening date of July 9, 2009. By copy of this letter we are requesting FAA concurrence of award. If you have any questions or need additional information, please do not hesitate to contact me. Very truly yours, C&S ENGINEERS, INC. Christopher D. Bmbach Senior Project Engineer Enclosure cci Mr. Steven M. Urlass (w/encl.) Mr. Seth Edelman (w/encl.) Mr. Subimal Chakraborti (w/encl) Ms. Linda Cooper (w/end.) Mr. Larry Cerretani (w/encl.) Ms. Kelli Walters (w/end.) fSpmjectk211 - town of southoldk211012001 tw crock repairklesignkcorrespondence~recom mendation of award.doc  ENGINEERS f ELIZABETH FIELD ENGINEER'S OPINION OF HI-LITE MARKINGS, INC. AXTELLS, INC. COF~,ZZINI ASPHALT, INC. KJB INDUSTRIES, INC. BOTHAR CONSTRUCTION, LLC RUNWAY CF~CK REPAIR & SEALING CONSTRUCTION COST 18249 HI-LITE DRIVE FAA AlP PROJECT NO, 3-~-0029-16-09 C&$ ENGINEERS, INC. P.O, BOX 460 1585 HEART LAKE RD. P.O, BOX 1281 14 CENTER DRIVE 170 EAST SERVICE ROAD NYSDOT PROJECT NO. 0913.16 499 COL. EILEEN COLLINS ADAMS CENTER, NY 13606 JERMYN, PA 18433 CUTCHOGUE, NY 11935 RIVERHEAD, NY 11901 BINGHAMTON, NY 13901 BOULEVARD PH: 315-583qS111 PH: 570-254-9999 PH: 631-734-5600 PH: 631-727-5600 PH: 607-723-5012 SYRACUSE, NY 13212 FX: 315-583-5807 FX: 570~2544193 FX: 631-734-5625 FX: 631-727-0577 FX: 607-7234982 ITEM FAA UNIT UNIT UNIT UNIT UNIT UNIT NO. SPEC NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 P-101 PAVEMENT PREPARATION 1 LS $20,000.00 $20,000.00 $10,000.00 $10,000.00 $13,100.00 $13,100.00 $19,530.00 $19,530.00 $55,000.00 $55,000.00 $67,500.00 $67,500.00 2 P-101 FILLING OF JOINTS AND CRACKS (TYPE 0 CRACK REPAIR) 1 LS $35,500.00 $35,500.00 $15,000.00 $15,000.00 $25,000.00 $25,000.00 $65,000.00 $65,000.00 $70,000.00 $70,000.00 $77,500.00 $77,500.00 3 ~-101 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE CRACK REPAIR) 6,800 LF $7.00 $47,600.00 $3.00 $20,400.00 $4.02 $27,336.00 $5.25 $35,700.00 $4.00 $27,200.00 $9.75 $66,300.00 4 P-101 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE 2 CRACK REPAIR) 2,100 LF $9.00 $18,900.00 $400 $8,400.00 $6.75 $14,175.00 $21.85 $45,885.00 $5 00 $10,500.00 $10.00 $21,000.00 i~ P-101 REPAIR OF JOINTS & CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE 1,510 LF $54.00 $81,540.00 $20.00 $30,200.00 $35.53 $53,650.30 $45.00 $67,950.00 $45.00 $67,950.00 $87.50 $132,125.00 ~ ~12 FIELD OFFICE 1 LS $3,500.00 $3,500.00 $10,000.00 $10,000.00 $8,505.00 $8,505.00 $4,200.00 $4,200.00 $10,000.00 $10,000.00 $7,000.00 $7,000.00 7 P~20 RUNWAY & TAXIWAY PAINTING 19,800 SF $3.00 $59,400.00 $1.50 $29,700.00 $1.68 $33,264.00 $2.00 $39,600.00 $4.00 $79,200.00 $3.00 $59,400.00 8 VI-100 MAINTENANCE AND PROTECTION OF TRAFFIC 1 LS $10,000.00 $10,000.00 $7,500.00 $7,500.00 $4,000.00 $4,000.00 $18,115.00 $18,115.00 $3,993.00 $3,993.00 $36,885.00 $36,885.00 9 YI-150 PROJECT SURVEY & STAKEOUT 1 LS $6,000.00 $6,000.00 $2,500.00 $2,500.00 $1,999.00 $1,999.00 $4,500.00 $4,500.00 $6,000.00 $6,000.00 $7,000.00 $7,000.00 10 M-200 MOBILIZATION (4% MAXIMU M) 1 LS $11,560.00 $11,560.00 $5,348.00 $5,348.00 7000 $7,000.00 $12,000.00 $12,000.00 $13,500.00 $13,500.00 $18,988.40 $18,988.40 TOTAL BID $294,000.00 $139,048.00 $188,029.30 * $312,480.00 $343,343.00 $493,698.40 BID SECURITY 5% BID BOND 5% BID BOND 5% BID BOND 5% BID BOND 5% BID BOND · DENOTES BIDDER ERROR, THE CORRECTED VALUE IS SHOWN. C&S ENGINEERS, INC JOB NUMBER: 211.012 I CERTIFY THA~~~ZTiON OF Bi DS RECEIVED JULY 9, 2009 SIGNED: ~~~/~' DATE: 14-Jul-09 Page 1 July 14, 2009 Town of Southold 53095 Route 25 Southold, NY 11971 Re: Runway Crack Repair Sealing at the Elizabeth Field Airport. Attached is a synopsis of our efforts to gain DBE participation for our bid of Runway Crack Repair Sealing at the Elizabeth Field Airport. To date we have not received any quotes for project specific products or services. Therefore we have been unable to meet the DBE participation goal for this project. Sincerely, // P~esident ~ 18249 Hi-Lite Drive P. 315.583.6tll · P.O. Box 460 · Adams Center, NY 13606 · E315.583.5807 · info@hi-lite.corn www. hi-lite.com LEAVING OUR MARK ON AMERICA'S RUNWAYSTM Company Name Address City, Stat~ Zio Fa.__~x Phone 7/10/2009 7/13/2009 Contractors Supply Company Supplier of Construction Supplies 22 Park Drive, Suite 100 Hornell NY 14843 607-324-9422 606-324-9422 Said would send quote No Quote received Northeastern Sign Company Manufacturer of Construction Signs 102 Cold Brook Drive Colton NY 13687 315-265-0712 315-265-6657 NoResponse NoQuote received Access Safety Products Manufacturer Construction Signs/Barricades PO Box 267 Hannacroix NY 12087 518-756-6201 518-756-3600 No Response No Quote received Apex Pinnacle Supplier of Hardware/Tools/Safety Equipment 16 Canal Street Port Crane NY 13833 607-648-5889 607-648-5889 NoResponse No Quote received LMS Industrial Distribution i Supplier Certified by MTA PO Box 915 Oakdale NY 11769i631-567-5400 63 t-567-5400 No Response No Quote received iSi~3ns lnc Supplier of Signs Boyer Ave. Box 185 Malone NY 12953 518-483-7482 518-483-4579 NoResponse No Quote received Traffic Lane Closures Sign Manufacturer/Distributor PO Box 726 Brewster NY 10509 845-228-5450 845-228-5450 NoResponse No Quote received Hi-Lite Markings, Inc. PO Box 460 Adams Center, NY 13606 Telephone: (315) 583-6111 Fax: (315) 583-5807 http://www.hi-lite.com INVITA ONTOBm July 10, 2009 Contractors Supply Company 22 Park Drive, Suite 101 Homcll, NY 14843 Fax: 607-324-9422 We are seeking quotes fi.om qualified DBE subcontractors and/or suppliers for: Project: Elizabeth Field Airport, Runway Crack Repair and Sealing Location: Southold, NY Bid Due Date: July 9, 2009 Contact: Dennis Haefner Quotes are needed fbr: Barricades, Waste Removal, Paint and Type III Beads Subcontractors will be required to enter into our standard contract. No modifications to the contract are permitted. All subcon~ractors/vendom awarded work on this project must be pm'pared to furnish subcontract performance and payment bonds, for the mount of the subcontract bid, issued by an admitted corporate surety acceptable to our company. Plans and s[~ecifications are available from Engineer or our office. If you have any questions please do not hesitate to contact us. Participation Response Form ) We can participate in this contract TYPE OF SERVICE OR SUPPLIES: ( ) We cannot participate in the contract Print Name of Business Owner Signature Date: Please fax your quote no later than 12:00 Noon EST, May 18, 2009 to Dennis Haefner at (315) 583-5807 Hi- ite Markings, Inc. PO Box 460 Adams Center, NY 13606 Telephone: (315) 583-6111 Fax: (315) 583-5807 http://www.hi-lite.com INVITA ONTOB July 10, 2009 North Eastern Sign Corporation 102 Cold Brook Drive South Colton, NY 13687 Fax: 315-265-0712 We are seeking quotes fi'om qualified DBE subcontractors and/or suppliers for: Project: Elizabeth lei~ld Airport, Runway Crack Repair and Sealing Location: Southold, NY Bid Due Date: July 9, 2009 Contact: Dennis Haefner Quotes are needed ibr: Barricades, Waste Removal, Paint and Type III Beads Subconlractors will be required to enter into our standard contract. No modifications to the contract are permitted. All subcontractors/vendors awarded work on this project must be prepared to furnish subcontract performance and payment bonds, for the amount of the subcontract bid, issued by an admitted corporate surety acceptable to our company. Plans and specifications are available from Engineer or our office. If you have any questions please do not hesitate to contact ns. Participation Response Form ) We can participate in this contract TYPE OF SERVICE OR SUPPLIES: ( ) We cannot participate in the contract Print Name of Business Owner Signature Date: Please fax your quote no later than 12:00 Noon EST, May 18, 2009 to Dennis Haefiaer at (315) 583-5807 Hi- ite Marking, PO Box 460 Adams Center, NY 13606 Telephone: (315) 583-6111 Fax: (315) 583-5807 http://www~hi-lite.com INVITATION TO BID July 10, 2009 Access Safety Products PO Box 267 Hannacroix, NY 12087 Fax: 518-756-3600 We are seeking quotes from qualified DBE subcontractors and/or suppliers for: Project: EIi~ab~qh Field Airport, Runway Crack Repair and S~aling Location: Southold, NY Bid Due Dat~: July 9, 2009 Contact: Dennis Haefner Quotes are needed fbr: Ban'icades, Waste Removal, Paint and Type III Beads Subcontractors will be required to enter into our standard contract. No modifications to the contract are permitted. All subcontractom/vendors awarded work on this project must be prepared to fumish subcontract performance and payment bends, for the mount of the subcontract bid, issued by an admitted corporate surety acceptable to our company. Plans and specifications are available from Engineer or our office. If you have any quest/om please do not hesitate to contact us. Participation Response Form ( ) Wc can participate in this contract TYPE OF SERVICE OR SUPPLIES: ( ) We cannot participate in thc contract Print Name of Bus'mess Owner Signature Date: Please fax your quote no later than 12:00 Noon EST, May 18, 2009 to Dennis Haefner at (315) 583-5807 Hi-Lite Markings, Inc. PO Box 460 Adams Center, NY 13606 Telephone: (315) 583-6111 Fax: (315) 583-5807 http://www.hi-lite.com INVITA ONTOB July 10, 2009 Apex Pinnacle 16 Canal Street Port Crane, NY 13833 Fax: 607-648-5889 We are seeking quotes from qualified DBE subcontractors and/or suppliers for: Project: Elizabeth Field Airport, Runway Crack Repair and Sealing Location: Southold, NY Bid Dne Date: July 9, 2009 Contact: Dennis Haefner Quotes are needed for: Barricades, Waste Removal, Paint and Type III Beads Subcontmctom will be required to enter into our standard contract. No modifications to the contract am permiaed. All subeonlractors/veodors awarded work on this project must be prepared to furnish subcontract performance and payment bonds, for the amount of the subcontract bid, issued by an admitted corporate surety acceptable to our company. Plans and specifications are available from Engineer or our office. If you have any questions please do not hesitate to contact us. Participation Response Form ~ We can participate in this contract TYPE OF SERVICE OR SUPPLIES: ( ) We cannot participate in the contract lhSnt Name of Business Owner Signature Date: Please fax your quote no later than 12:00 Noon EST, May 18, 2009 to Dennis Haefner at (315) 583-5807 Hi-Lite Markings, Inc. PO Box 460 Adams Center, NY 13606 Telephone: (315) 583-6111 Fax: (315) 583-5807 http://www.hi-lite.com INVITA ONTOBm July 10, 2009 LMS Industrial Distribution PO Box 915 Oakdale, NY 11769 Fax: 631-567-5400 We are seeking quotes from qualified DBE subcontractors md/or suppliers for: Project. Elizabeth Field Airport, Runway Crack Repmr and Location: Southold, NY Bid Due l~te: July 9, 2009 Contact: Dennis Haefner Quotes are needed for:. Barricades, Waste Removal, Paint and Type III Beads Subcontractors will be required to enter into our standard contract. No modifications to the contract are permitted. All subconlractorvdvendors awarded work on this project must be prepared to furnish subcontracX performance and payment bonds, for the amount of the subcontract bid, issued by an admitted corporate surety acceptable to our company. Plans and specifications are available from Engineer or our office. If you have andy questions please do not hesitate to contact us. Participation Response Form We can participate in this contract TYPE OF SERVICE OR SUPPLIES: ( ) We cannot participate in the contract Print Name of Business Owner Signature Date: Please fax your quote no later than 12:00 Noon EST, May 18, 2009 to Dennis Haefner at (315) 583-5807 Hi=Lite Markings, Inc. PO Box 460 Adams CenW. r, NY 13606 Telephone: (315) 583-6111 Fax: (315) 583-5807 http://www.hi-lite.com INVITA ONTOB July 10, 2009 NJC Associates 9 Fair Street Carmel, NY 10512 Fax: 845-306-1814 We are seeking quotes from qualified DBE subcontractors and/or suppliers for: Project: Elizabeth Field Airport, Runway Crack Repair and Sealing Location: Southold, NY Bid Due Date: July 9, 2009 Contact: Dennis Haefi~er Quotes are needed for: Barricades, Waste Removal, Paint and Type III Beads Subcontractors will be required to enter into our standard contract. No modifications to the contract are permitted. All subcontractors/vendors awarded work on this project must be prepared to furnish subcontract performance and payment bonds, for the amount of the subcontract bid, issued by an admitted corporate surety acceptable to our company. Plans and specifications are available from Engineer or our office. If you have any c[uest/ons please do not hesitate to contact us. Participation Response Form ) We can participate in this contract TYPE OF SERVICE OR SUPPLIES: ( ) We cannot participate in the contract Print Name of Business Owner Signature Date: Please fax your quote no later than 12:00 Noon EST, May 18, 2009 to Dennis Haefiaer at (315) 583-5807 Hi-Lite Markings, Inc. PO Box 460 Adams Center, NY 13606 Telephone: (315) 583-6111 Fax: (315) 583-5807 http://ww~v.hi-lite.com INVITA ONTOB July 10, 2009 Signs Inc. Boyer Ave. Box 185 Malone, NY 12953 Fax: 518-483-7482 We are seeking quotes from qualified DBE subcontractors md/or suppliers for: Project: Elizabeth Field Airport, Runway Crnck Repair and Sealing Location: Southold, NY Bid Due Date: July 9, 2009 Contact: Dennis Haefner Quotes are needed for: Barricades, Waste Removal, Paint and Type III Beads ' 0 Subcontractors will be required to enter into our standard contract. No modifications to the contract are permitted. All subcontractors/vendors awarded work on this project must be prepm~d to furnish subcontract performance and payment bends, for the amount of the subcontract bid, issued by an admitted corporate surety acceptable to our company. Plans and specifications are available from Engineer or our office. If you have any questions please do not hesitate to contact ns. Participation R~sponse Form We can participate in this contract TYPE OF SERVICE OR SUPPLIES: ( ) We cannot participate in the contract Print Name of Business Owne~ Signature Date: Please fax your quote no later than 12:00 Noon EST, May 18, 2009 to Dennis Haefner at (315) 583-5807 [Ii-Lite Markings, Inc. PO Box 460 Adams Center, NY 13606 Telephone: (315) 583-6111 Fax: (315) 583-5807 http://www.hi-lite.com INV1TA ONTOB July 10, 2009 Traffic Lane Closures PO Box 726 Brewster, NY 10509 Fax: 845-228-5450 We are seeking quotes from qualified DBE subcontractors md/or suppliers for: Project: Elizabeth Field Airport, Runway Crack Repair and Se~ling Location: Southold, NY Bid Due Date: July 9, 2009 Contact: Dennis Haether Quotes are needed fbr: Barricades, Waste Removal, Paint and Type 1ii Beads Subcontractors will be required to emer into our standard contract. No modifications to the contract are permitted. All subcontractors/vendors awarded work on this project must be prepared to furnish subeontmct performance and payment bonds, for the mount of the subeontmct bid, issued by an admitted corporate surety acceptable to our company. Plans and specifications are available from Enl~ineer or our office. IfTou have any questions please do not hesitate to contact us. Parfieipation Response Form ( ) Wc can participate in this contract TYPE OF SERVICE OR SUPPLIES: ( ) Wc cannot participate in the contract Print Name of Business Owner Signature Date: Please fax your quote no later than 12:00 Noon EST, May 18, 2009 to Dennis Haefi~er at (315) 583-5807 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nortbfork net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 9, 2009 Christopher I). Brubach. P.E. Senior Prqject Engineer C & S Companies 499 Col. Eilecn Collins Blvd. Syracuse. NY 13212 [)ear Chris: Enclosed find the (5) five bids this office received today for the Elizabeth Field Airport Prqject. I have kept copies for this office along with the bid bonds. If you need anything else. please let me know. truly yours, Deputy Town Clerk cnc Express 8619 6235 7520 Sender's FedEx 10&7--702~--B Sender's EL I Z ABETH NEVI LLE Name Phone (6~ 1 )765--1800 TO~N OF 5OUTHOLD 53095 ROUTE 25 SOUTHOLD NY 11~71-464~ 2 Your Internal Billing Reference 4a Express Package Sewice FedEx Pdor~/Ovemight ~sedEx Standard Ovemight FedEx 2Day ~ FedEx E~ress Saver 4b Express Freight Sewice Fed~IDo Frei h~ FedEx2DayFrei ht 5 Packaging 6 Special Handling SATURDAY Delivmy ] NOT Avaiiablelor ~ atFedExLocatio~ [] atFedExLocahon · ~ Address #9352 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 25th day of June, 2009. Principal Clerk Sworn to before me this dayo~/t..-'~ ~-"""~-009. LEGAL NOTIC~ NOTIC~ TO~ RUNWAY (X~ACI[ I~P~ · S~G AT 1~ tion 10~ of the Oen~val Municipal Law, sealed bids are sou~t ~d requested Crack Repair & Seahng Project at the R~way Crack Rep~ & ~a~g ~n-. ~ ~e pro~ for more ~la~ t~ pm~ may ~ ~ to ~ck in S~racu~, NY, at (315) 455~2~, F~ (315) 455-~7. En~ce~, ~c., 4~ ~L Eileen Sou~o~d rescues the ri~t ~o re~ect of Sou~oid to do ~. CHRISTINA VOLINSKI NOTARY PUBLtC~STATE OF NEW YORK NO, 01-V06105050 Quollfled In Suffolk County ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Hi-Lite Markings lnc Richard McNeely, III PO Box 460 Adams Center, NY 13606 315-583-6111 Axtells Inc Jeremy Cunningham RR #1, Box 431 Olyphant, PA 18447 570-254-9999 Corazzini Asphalt inc Richard Corazzini Jr PO Box 1281 Cutchogue, NY 11935 631-734-5600 KJB Industries Patricia Panchak 14 Central Drive Riverhead, NY 11901 631-727-5600 Bother Construction James E. O'Brien, Jr. 170 East Service Road Binghamton, NY 13901 607-723-5012 Fl Elizabeth Field Bid Ooenine 7/9/09 ~ 10:00 AM 139,048.00 187,999.00 312,480.00 343,343.00 494,698.40 Southold Town Board - Letter Board Meeting of June 30, 2009 RESOLUTION 2009-557 ADOPTED Item # 5.17 DOC ID: 5108 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-557 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the Construction of Runway Crack Repair and Sealing at Elizabeth Field~ Fishers Island in the Suffolk Times and New London Day. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] 'MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated July 1, 2009 Page 22 THE AME'F ICAN INSTITUTE'OF ARCHITECTS Bond No. 70752477 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Axtell's, Inc,, RR#1 Box43'1, Olyphant, PA 18447 as Principal, hereinafter called the Principal, and Western Surety Company, P.O. Box 5077, Sioux Falls, SD 571'17 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto Elizabeth Field Airport, Fishers Island, P.O. Box H, Southold, NY 06390 as Obligee, hereinafter called the Obligee, in the sum of 10% of bid amount Dollars ($10% of bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Runway Crack Repair & Sealing at Elizabeth Field NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. ,~ness) (Witness) y of July, 2009 Axtell's, Inc. ,_ Principal -- Western Surety Company Sure~ John -Fact A[A DOCUMENT A310 D BID BOND D AIA e D FEBRUARY 1970 EO D THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D. C. 20006 · . POWER OF ATTORNEY Know All Men by These Presents: 0x evocable) No. SV- 338 5 'S That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Su~?~.p_~any, a corporation, does hereby make. constitute and appoint the following ~ I authorized individuals AUTHORIZ~.r~ INDi-v~IDUALS AUTHORIZED IN~)IVIDUALS JOHN O WEISBROT PATRIC[A A T[NSMAN m the City of p _T Oe'oc'-t 'r L L~ . State of orr ~a~.,o w~ w~ ~,l T A with limitad authority, ita tree and awfu At omey(s) m fact w~th lull power and authority hereby conferred, to sign, execute, ac[~ow edge and deliver for and on its behalf as Surety, the following described bond: ONE CONTRACT SURETY: BID, PERFORHANCE AND PAYHENT BOND, UNDERTAKING, OR OTHER OBLIGATORY INSTRUNENT OF A SIHILAR NATURE IN ANOUNTS NOT EXCEEDING ONE NILLION AND N0/100 DOLLARS (~1,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of J U.~l E ~ ~ ,2 ~ I ": , but until such time shall be irrevocable and in full force and effect. WEST~O~PANY further certifies that the following la a tree and exact cop~ o~ Sect,on 7 of the ~y-Laws of Western S~rety Company, duly adopted and now in fg~ ~to-~i!~.."~'q}!6~'~.'f~ bonds, policies, unde.akings, Powers of.Attorney, or other obhgatlons of the corporation sh~ll be ~xeculed m tl~ co,orate name of the Com.p_~y by.~<,~, ,~c$2~'~,~'d~s,. sistant Secreta~, Treasurer, or any Vice Pres,dent, or by such other officers as the Board of D,recmrs may authorize. The President, any Vice ~ pi ~i~ Company Wt~ff~e seal is not necessa~ for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The ~,!* ~r~]~ *~ ' nl SRre Com has caused t~se sens obe ..... tadby ts Sen or Vce Presden with its coq~orate seal affixed this llm w,s ,N COMPANY COUNTY OFMiNNEHAHAAj ss By r ......... . ........ Notary Public, South Dakota In msfimony whereof. I have hereunto se, my hand and the seal of Western Surety Company,sE STER~N) SURET1~' COMPANY *IMPORTANT: This date must be filled in before it is attached the bond and it must be the same date as the bond. By WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Condition and Affairs December 31, 2008 Unaudited ASSETS Bonds Stocks Cash and short-term investments Uncollected premiums and agents' balances Amounts recoverable from reinsurers Funds held by or deposited with reinsured companies Net deferred tax asset Electronic data processing equipment and sof~ware Investment income due and accrued Other assets Total Assets $1,008,502,414 20,960,267 73,631,995 36,880,707 3,378,807 29,505,820 19,970,930 1,806,700 13,053,922 1.901.307 $1,209,592,869 LIABILITIES AND SURPLUS Losses Loss adjustment expense Contingent and other commissions payable Other expense Taxes, licenses and fees Federal and foreign income taxes payable Unearned premiums Retroactive reinsurance reserve assumed Other liabilities Total Liabilities $257,306,815 71,399,288 6,015,130 31,615,064 2,424,229 2,078,327 251,722,105 11,063,519 21,330,970 654,955,447 Surplus Account: Capital paid up Gross paid in and contributed surplus the~i Corr $4,000,000 176,435,232 Unassiened funds ~'~,&egard s policyh o lders 374.202.190 $554,63 7,422 $1,209,592,869 . [{i~&g~ President and Treasurer of Western Sure~ Company hereby ceni~ ~at the ~.. ~ of ~e fin~c~al statement of ~e Comply dated December 31, 2008, as filed wi~ ~~ Depa~ents ~d is a ~e ~d co~ect statement of ~e condition of Western Sure~ ~a~[t date. 19 day of Subscribed and sworn to me this My commission expires: KATHRYN J. SCHROEDER My Commission Expires 7-21-2009 Western Surety Company By V~t, C Treasurer February_ ,2009. Notaty~ublic 0 Airport Name: DBE LETTER OF INTENT FORM (Submit one form for each DBE subcontractor.) FAA AlP Project No: Total Awarded Contract Amount: Name of Bidder's Firm: Name of DBE finn: Street Address: City/State/Zip: Telephone: Description of work to be performed by DBE firm: The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By: (Signature) (Title) if the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. _ END OF PROPOSAL l/o6 PROPOSAL- 17 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contxact. All firms qualifying under this solicitation are encouraged to submit proposals. Award of this contract will be conditioned upon satisfying the DBE requirements of this contract. These requirements apply to all biddem, including those who qualify as a DBE. A DBE utilization goal of 2.4 pement has been established for this contract. The bidder shall make good faith efforts, as def'med in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. Within 15 days ~of bids and before award of the contract, all bidders wishing to remain in competition for award of this contract shall submit a DBE Participation Plan to the Owner. A DBE Letter Of Intent Form is included on the following page to assist in completing the Plan. CERTIFICATION OF BIDDER: The undersigned bidder will satisfy the DBE requirements of these specifications in the following manner (please check the appropriate space): The bidder is committed to meeting the DBE utilization goal stated above on this contract. The bidder, if unable to meet the DBE utilization goal stated above, is committed to a minimum of ~ % DBE utilization on this contract, and will submit documentation demonstrating good faith effom. Name of Bidder's Firm: S eet^ddress: City/State/Zip: Bidder's Status: DBE: ~L Non-DBE: [] Age of Firm: Annual Gross Receipts of Firm: (Thi~ for~ ~ust be *o~pleted an~ sub~itte~ with the Proposal.) PROPOSAL- 16 STATEMENT OF SURETY'S INTENT TO: Town of Southold We Have Reviewed The Bid of of for Runway Crack Repair & Sealing Bids for Which Will be Received On: (Contractor) and wish to advise that should this intention to become suret t, it is our present uired by the Contract. no liability to you or third parties Contractor and ourselves and we assure uisite bonds. We am duly authorized to, ~ of Ne~ Surety's Authorized Signature(s) ATTEST: ~ (Corporate seal, if any. If no seal, write "No Seal" across this place and sign.) ATTACH PROPOSALGUARA~TEE ATTACH POWER OF ATTORNEY (This form must be complete and submitted with the Proposal. Copies of this form may be filled out and attached to this page.) PROPOSAL-15 CERTIFICATION FOR RECEIPT OF ADDENDA Receipt of the following Addenda is acknowledged: ADDENDUM NO.: ADDENDUM NO.: ADDENDUM NO.: DATED: DATED: DATED: (This form must be completed and submitted with the Proposal.) PROPOSAL-14 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NON-SEGREGATED FACILITIES: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt fi.om the provisions of the Equal Opportunity Clause. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause 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 and are not exempt fi.om the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the _bi_,d.d_e:~r_.o._rf, oy- l:w__ e,r tier participant is unabf~to certify to this statement, it shall attach an explanation to this posur (This form must be completed and submitted with the Proposal.) PROPOSAL-13 BIDDER'S NAME: ADDRESS: t ~",.~ 0 TELEPHONE NO.: CERTIFICATIONS IRS EMPLOYER IDENTIFICATION NUMBER: rAXNO. tO-ZS-"'A CERTIFICATION OF NON-SEGREGATED FACILITIES - 41 CFR PART 60-1.8 CERTIFICATION OF NONSEGREGATED FACILITIES: The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach &this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because &habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications fi'om proposed subcontractors for specific time periods) she or he will obtain identical certifications fi'om proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. NOTICE TO PROSPECTIVE.FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions &the Equal Opportunity Clause. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which arc not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where thc subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 100 I. PROPOSAL-12 BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin oftbe same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) Tbe successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. BUY AMERICAN CERTIFICATE By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, are produced in the United States, as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN (This form must be completed and submitted with the Proposal.) [/06 PROPOSAL-Il RESOLUTION FOR CORPORATE BIDDERS (Name or O~r) to sign and submit the bid or proposal of this corporation t'6r the following project: be authorized Runway Crack Repair & Sealing and to include in such bid or proposal the certificate as to non-collusion required by section one hundred three-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by. . ~ ~ on the (Seal) (This form must be completed and submitted with the Proposal.) PROPOSAL-10 NON-COLLUSIVE BIDDING CERTIFICATE The Signer of this Bid declares: A. That he/she has carefully examined the annexed form of the Agreement and Contract. Pursuant to Section 103-d of the General Municipal Law, by submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case ora joint Bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 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; 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 or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. I hereby affirm under the penalties of perjury that the foregoing statement is tree. Affix Seal BIDDER: if Principal is Corporation BY: TITLE: SS: Onthe ~ day of/_~(~r4~/ . 20~_, before~e personally came to me known, who, bein,g l~y me dt~ly sworn, di~ ~)ffim that he/she resides at of the Bidder herein and signs the foregoing Non-Collusive Cenificath ;~beh$1f of such Bidd~at he/she exe~ed the foregoingl-~ollus~0~ion; and that. to the best of hi: m~ledge and belief, ~ ~atement made~ ~e foregoing NO~- CollusiOns ~e. [ / MY COMMISSION EXPI~S: .. ~- 17--/~ _ (This form must be completed and submitted with the Proposal.) PROPOSAL-9 CONTRACTOR'S CERTIFICATION OF ELIGIBILITY .The bidder/offeror certifies, by submission of this proposal or acceptance of this contract that neither it nor its principals m presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi.om participation in this transaction by any Federal department or agency. The bidder/offeror further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. That, the information above is tree and complete to the best of my knowledge. /V ~ ~d Na~Iitle NOTE: The p ., tatements IS prescribed m 18 U.S.C. 1001. The full names and residences of all persons interested in this proposal as principals are as follows: (This form must be completed and submitted with the Proposal.) PROPOSAL-8 ATTACHMENTS TO PROPOSAL BIDDER and his/her surety, where appropriate, have completed and executed the attached documents which are identified below. Contractor's Certification of Eligibility Non-Collusive Bidding Certificate Resolution for Corporate Bidders Buy American Preferences & Certificate Certifications: Certification Of Non-Segregated Facilities Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Certification for Receipt of Addenda Statement of Surety's Intent Disadvantaged Business Enterprise Requirements DBE Letter oflntent Form PROPOSAL-7 The bidder states that this proposal is based upon prevailing wages in Suffolk County, New York and in no case are wages considered less than those predetermined by the State and Federal Departments of Labor, schedules of which are contained in the Contract Documents. The bidder proposes and agrees, if this Proposal is accepted, to contract in the form of contract specified with the Town of Southold (Owner), to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the constraction of the Runway Crack Repair & Sealing project in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents and Contract Drawings, to the full and entire satisfaction of the above said Owner, with a definite understanding that no money will be allowed for extra 3tt~ work except as set forth in the ched Contract Documents, for the unit prices listed opposite each item. // (SEAL) - (Printed lgame) ~J DATE: COMPANY NAME: PHONE NO: ~0~ g~"~'~ ~ NOTE: If Contractor is a corpe ATTEST: i SECRETARY: / !ti°n' ~ sh~ld attest' q _ (Printed Name}/ PROPOSAL-6 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING TOTAL PRICE IN WORDS TOTAL PRICE IN FIGURES PROPOSAL-5 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ $ 9, M-150 PROJECT SURVEY & STAKEOUT 1 LS 10 M-200 MOBILIZATION (4% MAXIMUM) LS PROPOSAL-4 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO, NO. AND UNIT PRICE IN WORDS $ $ 5 P-101 REPAIR OF JOINTS & CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE 1,510 LF 6 P-612 FIELD OFFICE LS FOR 8 M-100 MAINTENANCE AND PROTECTION OF TRAFFIC PROPOSAL-3 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION JNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS 1 P-101 PAVEMENT PREPARATION LS 2 P-101 FILLING OF JOINTS AND CRACKS (TYPE 0 CRACK REPAIR) LS 3 P-101 ROUTING AND S~LING OF JOINTS AND C~CKS (~PE 1 C~CK REPAIR) 6,800 LF 4 P-101 ROUTING AND S~LING OF JOINTS AND C"ACKS (WPE 2 C~CK REPAIR) 2,100 LF ~ ~ PROPOSAL-2 07/09/~009 08:56 FAX 5[67472021 GERALD J WILKOFF, INC ~001/001 STATEMENT OF SURETY'S INTENT TO: Towq of $outhold We Have Rsviewcd The Bid of for Runway Crack Kepair & ~eallng Bids ['or Which W/II be Received On: (Contractor) (Address) (Bid Opening Date) and wish to advise that should this Bid of the Con~'actor ba accepted and the Coniyact awarded to him, it is our pr0sent intention to become sure~ on the performance bond and labor and material bond required by [be Contract, Any arrangcmcnl for the bonds required by the Contact is a matter between the Contractor and ourselves and we assure au liability to you or th}rd panics if for any reason wc do not execute the requisite bonds. We arc duly authorized to do business in the State of New York. S u rety'S ~th°r izod S ignat n re (s)/'~"'~ .Attorney-in-Fact (Corporate sea, ff any. If no seal, write Seal" across this place and sign.) ATTACH PROPOSAL GUARANTEE ATTACH POWER OF ATTORNEY (This form most be complete and submitted with the Proposal. Copies of this form may be filled out and attached to this page.) PROPOSAL-15 2 RLr RLllnsuranceCompany RLI Insurance Company P.O. Box 3967 Peo~a IL 61612-3967 Phone: 30~692-1000 Fax: 30g-692-8637 December31, 2008 Admitted Assets Equity seeuriUes .............................. 636,5g0,162 Funds t',eld ..................................... 4,000 Total AdmilZed Asse~s ............................. $ 1~27g,073~667 State of Illinois County of Peoria Liabilities and Suq~lus Tofal Liabilities .................................. ~ 601~032r498 Ca~non stock ............................... $ t0,0~0,375 .N~I paid-in cep~tad .: ..................... 242,45t.084 unassigned sml)fus ........................... 425~r~9;7t0 Totm Su~us $ 678,041,169 $ lr27g~073r667 The undersigned, being duly sworn, says: That be is ~he President of RLI Insurance Company; that said Company is a cor~ration duly, orgaqized, in the State of Illinois, and licensed and engaged in business in the Stato of ~J ~ b-~ ~/ 0 / ~- and has duly compliad with all the requirements of the laws of said Stste applicabia of said Company and is duly qualified to act as Surety under such laws; b~at said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true, and con'ect statement of the financial condition of the said Company on the 31st day of December 2008. Attest: Co,pod,-ate Michael J.'Stone Affixed } Cynthia $. Dohm Sworn to before me this 27th day of February. 2009. President Assistant Sea'etary Jacqu i(~M. Bockl~' Nctao/Public, S~ate of Illinois M0058309 RLi® RLI Surety P.O. Box 3967 [ Peoria, IL 61612-3967 Phone: (800)645-2402 I Fax: (309)689-2036 www.riicorp.com POWER OF ATTORNEY (Irrevocable) BOND NO. 070909 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to thc bond which it authorizes, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Gerald J. Wilknff, Matthew Wilkoff of Mineola, New York its trae and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on itt behalf as Surety, the following described bond. Any and all bonds, undertaking, and recognizances in an amount not to exceed Five Million Dollars ($5,000,000.00) for any single obligation. ee acknowlcdgnment and execution of such bond by the said Attorney(s) in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of shall be irrevocable and in full force and effect~ June 23rd . 2013 , but until such time Thc RLI Insurance Company fi~rther certifies that the following is a true and exact copy of the Resolution adopted by thc Board of Directors of RLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name oftbe Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." The penal amount of the bend herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement of letter signed by the President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of the RLI Insurance Company specifically authorizing said increase. ~WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 23rd day of June . 2098 RLI Insurance Company State of Illinois ~ SS County &Peoria On this 23rd day of June personally appeared Roy C. Die · 2008 . before me, a Notary Public, · who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI l~urance Company and acknowledged said insmmaent to be the voluntary act and deed of said corporation ~.~¢Ikne ~cklcr Nolary Public By: ~ ~ Roy C. Die J CERTIFICATE 3120357030110 Vice President I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and fimhermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of ~e_ ~RL~I Insurance Company this * ~ day of ~Ju l_v .~. RLI Insurance Company By:rr ~t~e mesa Roy C. Die Vice President * IM~O. R.TAN : This date m the filled in before it is attached to the bond and it A0061105 BOND No. 070909 ACKNOWLEDGEMENT OF SURETY State of New York } County of Nassau } SS. Onthis 16th dayof July , 2009, before me, a Notary Public in and for said County, personally appeared Matthew Wilkoff personally known to me, who being by me duly sworn, did say that he/she is the aforesaid attorney-in-fact of the RLI INSURANCE COMPANY of Peoria, Illinois, a corporation duly organized and existing under the laws of the State of Illinois, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be a voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official seal the day and year last above written. PATRICIA R. LEIPPE NOTARY PUBLIC, State of New York No. 01LE6008254 Certificate Filed in Nassau County Commission Expires June 8, 2010 No~'ar~ PG b'~ic State of County of On the day of Individual Acknowledgment ,20 , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and he thereupon acknowledged to me that __ he__ executed the same. Notary Public State of County of On the Partnership/L.L.C. Acknowledgment day of ,20 , before me personally appeared to me known and known to me to be one of the firm of described in and who executed the foregoing instrument and he__ thereupon acknowledged to me that he executed the same as and for the act and deed of said finn. Notary Public Corporate Acknowledgment State of N ~3.t) _~O~- Countyof ~'~(.~ [~4,._ Onthe ~ dayof ~ [C~ ,20~, before me personally appe~ed to me ~o~, who behug by lllU UUly }WOl[l,u,u u~vu~ ~,d Say ~h~[ he__ is the the co~oration described ~ and which executed ~e forego~g ~s~ment; that he ~ows the seal of said co~oration; that the seal affixed to said ~s~ment is such co.orate seal; that it was so affixed by order of ~e bo~d of dkectors of said co~oration; ~d that he~ signed hisser name aereto by l~e order~ ~ffd~ /f~ ~2 Notary Public MARIA P~ KRUPSKI Nota[y Public, State of New York No 01KR6198687 Qualified in Suffolk CoUnty Term Expires Decem0er 29. 2012 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No. 070909 KNOW ALL MEN BY THESE PRESENTS, that we Corazzini Asphalt, Inc. 6245 Cox Lane Cutchogue, NY 11935 as Principal, hereinafter called the Principal, and RLI Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61612 A corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold as Obligee, hereinafter called the Obligee, in the sum of 10% of Bid, not to exceed Forty Five Thousand and Noll00*** ($45,000.00***) Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Runway crack repair & sealing project at Elizabeth Field Airport, Fisher's Island, Southold, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms, of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. · Signed and sealed this 6m Day of July 2009 Witness Co,r~z~zini Asphalt, Inc. j i . (sear) (Tte - - ~ ' -- RLI Insurapee-Cqmpany '~~,~r~ney-ln-Fact (Seal) Printed in cooperation with the American Institute of Pa-chitccts (,MA). The language in this document conforms exactly to the language used in AIA document A310, Februa~ 1970 ED.. f DBE LETTER OF INTENT FORM (Submit one form for each DBE subcontractor.) fAA AlP ProjectNo: ~ -~'~)(_~ ~0 (~C~ ~ ~; _ 0 ~ . Total Awarded Contract Amount: $ Street Address: City/State/Zip: Name of DBE firm: Street Address: City/State/Zip: Telephone: Description of work to be performed by DBE firm: The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar valueofthisworkis$ -'lj ~0~- 0¢~ Affirmation: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. /Y'3 / I/ lfthe bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. -. END OF PROPOSAL PROPOSAL- 17 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All fu'ms qualifying under this solicitation are encouraged to submit proposals. Award of this contract will be conditioned upon satisfying the DBE requirements of this contract. These requirements apply to all bidders, including those who qualify as a DBE. A DBE utilization goal of 2.4 percent has been established for this contract. The bidder shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. Within 15 days after the opening of bids and before award of the contract, all bidders wishing to remain in competition for award of this contract shall submit a DBE Participation Plan to the Owner. A DBE Letter Oflntent Form is included on the following page to assist in completing the Plan. CERTIFICATION OF BIDDER: The undersigned bidder will satisfy the DBE requirements of these specifications in the following manner (please check the appropriate space): The bidder is committed to meeting the DBE utilization goal stated above on this contract. efforts. Name of Bidder's Firm: Street Address: City/State/Zip: Bidder's Status: DBE: [] The bidder, if unable to meet the DBE utilization goal stated above, is committed to a minimum of ~,q % DBE utilization on this contract, and will submit documentation demonstrating good faith Non-DBE: '~ Age of Firm: Annual Gross Receipts IRS Number: Signature and (This form must be completed and submitted with the Proposal.) PROPOSAL-16 STATEMENT OF SURETY'S INTENT TO: Town of Southold We Have Reviewed The Bid of of (Contractor) for Runway Crack Repair & Sealing Bids for Which Will be Received On: (Address) (Bid Opening Date) and wish to advise that should this Bid of the Contractor be accepted and the Contract awarded to him, it is our present intention to become surety on the performance bond and labor and material bond required by the Contract. Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assure no liability to you or th!rd parties if for any reason we do not execute the requisite bonds. We are duly authorized to do business in the State of New York. ATTEST: Surety's Authorized Signature(s) (Corporate seal, if any. If no seal, write "No Seal" across this place and sign.) ATTACH PROPOSALGUARANTEE ATTACH POWER OF ATTORNEY (This form must be complete and submitted with the Proposal. Copies of this form may be filled out and attached to this page.) PROPOSAL- 15 CERTIFICATION FOR RECEIPT OF ADDENDA ADDENDUM NO.: ADDENDUM NO.: Receipt of the following Addenda is acknowledged: ADDENDUM NO.: ~V% (V~O~Sed % O0~ DATED: ~ DATED: (Firm or Corporation Making Bid) (Signature of AuthoriT~ Person) Oat~d: 3-~1¥ & 2_009 (This form must be completed and submitted with the Proposal.) PROPOSAL~14 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NON-SEGREGATED FACILITIES: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award ora subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause 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 and are not exempt fi'om the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Printed Name & Title: Date: ~LU'(~-'~*'~ (This form must be completed and submitted with the Proposal.) PROPOSAL- 13 BIDDER'S NAME: ADDRESS: TELEPHONE NO.: CERTIFICATIONS IRS EMPLOYER IDENTIFICATION NUMBER: CERTIFICATION OF NON-SEGREGATED FACILITIES - 41 CFR PART 60-1.8 CERTIFICATION OF NONSEGREGATED FACILITIES: The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any &his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. NOTICE TO PROSPECTIVE .FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Oppo~unity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. PROPOSAL-12 BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used bY the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and ora satisfactory quality; 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion &domestic material will increase the cost of the overall project contract by more than 25 percent. BUY AMERICAN CERTIFICATE By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, are produced in the United States, as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN (This form must be completed and submitted with the Proposal.) PROPOSAL- 11 RESOLUTION FOR CORPORATE BIDDERS (Name of Officer) to sign and submit the bid or proposal &this corporation for the follow~ng project: be authorized Runway Crack Repair & Sealing and to include in such bid or proposal the certificate as to non-collusion required by section one hundred three-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties of perjury. The foregoing is a tree and correct copy of the resolution adopted by on the ~ day of 70 [ Ld ,20 O ~. Corporation at a meeting of its Board of Directors held (Seal) (This form must be completed and submitted with the Proposal.) PROPOSAL-10 NON-COLLUSIVE BIDDING CERTIFICATE The Signer of this Bid declares: A. That he/she has carefully examined the annexed form of the Agreement and Contract. B. Pursuant to Section 103-d of the General Municipal Law, by submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case 0fa joint Bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 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; Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder, and wilt not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and 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. I hereby affirm under the penalties of perjury that the foregoing statement is tree. Affix Seal BIDDER: if Principal is Corporation BY: TITLE: STATE OF NEW YORK) On the 9 day of L-TO \~ ,200~, before me personally came to me known, who, being by me duly sworn, did swear and affirm that he/she resides at · ~ I,t llq~ , of the Bidder herein and signs the foregoing Non-Collusive ~'~'rtification on behalf of such Bidder; that be/she executed the foregoing Non-Co us ye Cert fication: and that, to the best ofh s know edge and belief, the statement made in the foregoing Non- Collusive Certification is true. MARIA A. KRUPSKI Notary Public, State of NewYork No 01KR6198687 Qualified in Suffolk County Term Expire~ Oeoem~er 29, 2012 MY COMMISSION EXPIRES: (This form must be completed and submitted with the Proposal.) 1/06 PROPOSAL-9 CONTRACTOR'S CERTIFICATION OF ELIGIBILITY The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The bidder/offeror further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. That, the information above is true and complete to the best of my knowledge. Printed Name and Title Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The full names and residences of all persons interested in this proposal as principals are as follows: ioo / (This form mast be completed and submitted with the Proposal.) PROPOSAL-8 ATTACHMENTS TO PROPOSAL BIDDER and his/her surety, where appropriate, have completed and executed the attached documents which are identified below. Contractor's Certification of Eligibility Non-Collusive Bidding Certificate Resolution for Corporate Bidders Buy American Preferences & Certificate Certifications: Certification Of Non-Segregated Facilities Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Certification for Receipt &Addenda Statement of Surety's Intent Disadvantaged Business Enterprise Requirements DBE Letter of Intent Form PROPOSAL-7 The bidder states that this proposal is based upon prevailing wages in Suffolk County, New York and in no case are wages considered less than those predetermined by the State and Federal Departments of Labor, schedules of which are contained in the Contract Documents. The bidder proposes and agrees, if this Proposal is accepted, to contract in the form of contract specified with the Town of Southold (Owner), to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Runway Crack Repair & Sealing project in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents and Contract Drawings, to the full and entire satisfaction of the above said Owner, with a definite understanding that no money will be allowed for extra work except as set forth in the attached Contract Documents, for the unit prices listed opposite each item. BIDDER: BY: DATE: /Signature) (Printed Name) COMPANY NAME: ~'L.'~ ~ fl~ ~ ~e'XC_~J~- ADDRESS: ~-~C) '~ ~'~. ~ 2-~' ~ PHONE NO: ~'~l (SEAL) NOTE: If Contractor is a corporation, Secretary should attest. ATTEST: SECRETARY: ~'"~Sig~ture)/ (Printed Name) PROPOSAL-6 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING TOTAL PRICE IN WORDS TOTAL PRICE IN FIGURES TOTAL CONTRACT PROPOSAL~5 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE iN FIGURES ITEM SPEC iTEM AND DESCRIPTION UNiT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ $ M-150 PROJECT SURVEY & STAKEOUT ILS FOR ~r t-/~o~r~d-/-~ ~do/l~r ~5o0.~° q~OO PER LS $ $ 10 M-200 MOBILI~TION (4% M~IMUM) ILS PROPOSAL.4 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRiCe SCHEDULE FAA PRICE IN FIGURES ITEM SPEC iTEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ $ 5 P-101 REPAIR OF JOINTS & CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE 1,510 LF PER LF $ $ 6 P-6%2 FIELD OFFICE 1 LS PER LS $ $ ~-620 RUNWAY & T~IWAY PAINTING 19,800 SF ~o. T¢o 4o(~s a~d m c~s oo M-100 MAINTENANCE AND PROTECTION OF TRAFFIC PROPOSAL-3 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION INIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS 1 P-101 PAVEMENT PREPARATION LS 'PER LS- ~ $ - ~ . 2 P-101 FILLING OF JOINTS AND CRACKS (~PE 0 C~CK REPAIR) LS 3 P-101 ROUTING AND S~LING OF JOINTS AND C~CKS ~PE 1 C~CK REPAIR) 6,800 LF PER LF $ * $ . 4 =-101 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE 2 C~CK REPAIR) 2,100 LF PER LF $ ~-' -- $ PROPOSAL-2 COLONIAL SURETY COMPANY Duncannon, Pennsylvania - Inc 1930-- FINANCIAL STATEMENT--DECEMBER 31, 2007 ASSETS *Stocks and Bonds .................... $ 22,333,566 Cash in Office & Banks .................. 2,802,343 Accrued interest & Dividends .............. 271,910 Premiums & Agents Balances Receivable .... 636,235 Other Assets .......................... 875,886 Total Admitted Assets ............... 26,919,940 LIABILITIES & SURPLUS Reserve for Unesrned Premiums ............... $5,524,430 Claim Reserves ........................... 9,472,120 Other Liabilities ........................... 1,067,768 Collateral Held ............................ 462,719 Capital Stock ............................. 3,000,000 Surplus ................................. 7,392,903 Total Liabilities & Surplus ............... 26,919.940 *Bonds and stocks are valued on basis approved by National Association Of Insurance Commissioners. STATE OF NEW JERSEY COUNTY OF BERGEN SS.: I, Wayne Nunziata, President of COLONIAL SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31, 2007. IN WITNESS WHEREOF, I have signed this statement at Montvale, New Jersey, this 15th day of February, 2008. Wayne Nunziata President: Theresa Simmons ~' Notary Public Theresa Simmons A Notary Public of New Jersey COLONIAL SURETY COMPANY Duncannon, Pennsylvania ~ Administrative Office: 50 Chestnut Ridge Road, Montvale. New Jersey 07645 GENERAL POWER OF ATTORNEY Know all Men by These Presents, That COLONIAL SURETY COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania and having an administrative office in Mont~ale, Bergen County, NJ does by these presents make, constitute and appoint Anthony J. Cimasko Riverhead NY its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead~ to execute, acknowledge and deliver. Any and All Bonds and to bind the Company thereby as fully and to the same extent as if suoh bonds were signed by the President, sealed with the cor- ix)rate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the pmmisas. Said appointment is made under and by authority of the following resolution adopted by the Board of Dimatom of the Colonial Surety Company at a masting held on the 25th day of July, 1950. "Be it Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shell be and is hereby vested with full power and authority to appoint any one or more suitable persona as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following pmvisioas: ``Section I. Attoreey-in-Fact. Attorney-in-Faat may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall he binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "In Witness Whereof, Colonial Surety Company has caused these presents to be signed by its and its co~oorete seal to be hereto affixed the 8th day of September President State of New Jersey 1 SS.: County of Bergen On this Rth day of September Wayne Nunziata executed the within instrument as President acknowledged to me that the corporation executed it. COLONIAL SURETY COMPANY , in the year 2006, before me , a notary public, personally appeared , pemonally known to me to be the person who ., on behalf of the corporation therein named and THERESA SIMMONS ~ ~ Theresa Simmons / Notary Public I, the undersigned Secretary of Colonial Surety Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting duly called and held on the 30th of January 1968, and that said resolution has net been amended or repealed: RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may he aftixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile sig- nature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, at Montvale, New Jersey this. 9th _day of July , 20 09 . Form S-100-101 (Rev 9/06) Web Frederick S. Gallo. Secretary TOWN OF SOUTHOLD 53095 RT 25 Southold, NY 11971 RE: RUNWAY CRACK REPAIR Colonial Surety Company Administrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 CONSENT OFSURETY COLONIAL SURETY COMPANY organized and existing under the laws of the Commonwealth of Pennsylvania and duly qualified to transact busin ess in the State of NY hereby agrees that KJB INDUSTRIES INC. Riverhead, NY has submitted a proposal on the captioned project. We hereby agree that in the event an award is made to KJB INDUSTRIES INC. Riverhead, NY that we will provide the required performance, payment and/or maintenance bonds. Signed and sealed this 9th day of July 2009. COLONIAL SURETY COMPANY Anthony J. Cimas~/~ttor~ey-in~a~) Colonial Surety Company Administrative Office 50 Chestnut Ridge Road Montvale, NJ 07645 201-573-8788 BID BOND KNOW ALL PERSONS BY THESE PRESENTS, that we, KJB INDUSTRIES INC.. Riverhead. NY as Principal, and the COLONIAL SURETY COMPANY, a corporation under the laws of the Commonwealth of Pennsylvania, as Surety, are held and firmly bound unto TOWN OF SOUTHOLD, Southold, NY as Obligee, in the sum of 5% of amount bid not to exceed $20100 for the payment, whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted the accompanying bid for RUNWAY CRACK REPAIR NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void: °wtithh~nrW;~)edtaOyrseOmf~ihnei~laf tUleI foCfl~iPsr~oVinddeds~ahl~:Vveori'dthaantdifo~a~dO ~o°rncteraa(~lSerff°etcta.warded Si~3ned and ~d this ~av o~ ~ /JB INDUSTRIES INC. ~' ~- ~;~O BECk.ANCO// (PdnC~pal~ritle) (Seal) --  COLONIAL SURETY COMPANY  BERT ~ANCHAK Anthonv J. Cimasko ~' /~(A~[t'~r~e~'-i~-fact)~Seal) DBE LETTER OF INTENT FORM (Submit one form for each DBE subcontractor.) Street Address: City/State/Zip: Total Awarded Contract Amount: Street Address: City/State/Zip: Name of DBE firm: ,~/ Telephone: Description of work to be performed by DBE firm: The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation: The above-named DBE firm affirms that it ~erform the stated above..//2 / / /' (Signature) // portion of the contract for the estimated dollar value as (Title) lfthe bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. END OFPROPOSAL 1/06 PROPOSAL-17 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit proposals. Award of this contract will be conditioned upon satisfying the DBE requirements of this contract. These requirements apply to all bidders, including those who qualify as a DBE. A DBE utilization goal of 2.4 percent has been established for this contract. The bidder shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. Within 15 days after the opening of bids and before award of the contract, all bidders wishing to remain in competition for award of this contract shall submit a DBE Participation Plan to the Owner. A DBE Letter Of Intent Form is included on the following page to assist in completing the Plan. CERTIFICATION OF BIDDER: The undersigned bidder will satisfy the DBE requirements of these specifications in the following manner (please check the appropriate space): The bidder is committed to meeting the DBE utilization goal stated above on this contract. ThC bidder, if unable to meet the DBE utilization goal stated above, is committed to a minimum of ,~.~ % DBE utilization on this contract, and will submit documentation demonstrating good faith Street Address: /'~/l~.,~ ~n Bidder's Status: DBE: [] Non-DBE: '~ Annual Gross Receipts of Firm:_ , 7'~"'"¢ ~ / (This form must be completed and submitted with the Proposal.) PROPOSAL- 16 STATEMENT OF SURETY'S INTENT TO: Town of Southold We Have Reviewed The Bid of of (Contractor) for Runway Crack Repair & Sealing Bids for Which Will be Received On: and wish to advise that should this Bid of the ( intention to become surety on the performance Any arrangement for the bonds required by the ( no liability to you or third parties if for any We are duly authorized to do business in the ATTEST: ~ing Date) and material awarded to him, it is our present by the Contract. uisite bonds. gnature(s) (Corporate seal, if any. If no seal, write "No $ place and sign.) ATTACH POWER OF ~ (This form must be complete and submitted with the Proposal. Copies of this form may be filled out and attached to this page.) PROPOSAL-15 CERTIFICATION FOR RECEIPT OF ADDENDA Receipt of the following Addenda is ADDENDUM NO.: ~ ADDENDUM NO.: 1 ADDENDUM NO.: } knowledged: DATED: DATED: DATED: (Firm or Corporation Making Bid) (SignOre of Authorized Person) Dated: (This form must be completed and submitted with the Proposal.) 1/06 PROPOSAL-14 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NON-SEGREGATED FACILITIES: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause 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 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. ~ ~j . (This form must be completed and submitted with the Proposal.) PROPOSAL- 13 CERTIFICA~TIONS ADDRESS: ~ ~ ~ TELEPHONE NO.: 7'g IRS EMPLOYER IDENTIFICATION NUMBER: CERTIFICATION OF NON-SEGREGATED FACILITIES - 41 CFR PART 60-1.8 CERTIFICATION OF NONSEGREGATED FACILITIES: The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted constraction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. NOTICE TO PROSPECTIVE .FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. PROPOSAL- 12 BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. BUY AMERICAN CERTIFICATE By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, am produced in the United States, as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain fi.om the owner a listing of articles, materials and supplies excepted fi.om this provision. PRODUCT COUNTRY OF ORIGIN (This form must be completed and submitted with the Proposal.) PROPOSAL-I 1 (Name of Officer) to sign and submit the bid or proposal of this corporation for the following project: be authorized Runway Crack Repair & Sealing and to include in such bid or proposal the certificate as to non-collusion required by section one hundred three-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties of perjury. The foregoingisatrueandcorrectcopyoftheresolutionadoptedby ~'~ ~ ~ on the 7 day of '~.~/~ ,20 t~. Corporation at a meeting of its Board of Directors held (Seal) (This form must be completed and submitted with the Proposal.) PROPOSAL-10 NON-COLLUSIVE BIDDING CERTIFICATE The Signer of this Bid declares: A. That he/she has carefally examined the annexed form of the Agreement and Contract. Pursuant to Section 103-d of the General Municipal Law, 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: 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; 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 or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. l hereby affirm under the penalties of perjury that the foregoing statement is true. Affix Seal BIDDER: /'~"'/~g ~ if Principal ~ ~ .~~__ is Corporation BY: TITLE: STATE OF NEW YORK) SS: courqvY ,20~ , before me personally came tomeknown, who, being by me duly swom, did swear and affirm that he/she resides at /~ ~"(f'~e'b'~L~'~ /'/~- of the Bidder herein and signs the foregoing Nod-Collusive Cemification on behalf of such Bidder; that he/she executed the foregoing Non-Collusive Cemification; and that, to the best of his knowledge and beY~ st~nt ~e in the foregoing Non- Collusive Ce~ification is ~e. ~~_~ ~NO~¢ ANGE~ R. REESE MY COMMISSION EXPI~S: No~ry Publi~, State of New Yo~ No. 01RE5070~4 ~mmission ~ires December ~, (This form must be completed and submitted with the Proposal.) PROPOSAL-9 CONTRACTOR'S CERTIFICATION OF ELIGIBILITY The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi.om participation in this transaction by any Federal department or agency. The bidder/offeror fi~rther agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. That, the info~_~~:/is true and ~~~J/c°mplete to Dr~est of my knowledge. Printed Name and Title Signature ~ Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The full names and residences &all I~'rsons interested in this proposal as principals are as follows.' (This form must be completed and submitted with the Proposal.) PROPOSAL-8 ATTACHMENTS TO PROPOSAL BIDDER and his/her surety, where appropriate, have completed and executed the attached documents which are identified below. Contractor's Certification of Eligibility Non-Collusive Bidding Certificate Resolution for Corporate Biddem Buy American Preferences & Certificate Certifications: Certification Of Non-Segregated F~icilities Certification Regarding Debarment, Suspension, Ineligibility And Voluntmy Exclusion Certification for Receipt of Addenda Statement of Surety's lntent Disadvantaged Business Enterprise Requirements DBE Letter of Intent Form PROPOSAL-7 The bidder states that this proposal is based upon prevailing wages in Suffolk County, New York and in no case are wages considered less than those predetermined by the State and Federal Departments of Labor, schedules of which are contained in the Contract Documents. The bidder proposes and agrees, if this Proposal is accepted, to contract in the form of contract specified with the Town of Southold (Owner), to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Runway Crack Repair & Sealing project in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents and Contract Drawings, to the full and entire satisfaction of the above said Owner, with a definite understanding that no money will be allowed for extra work except as set forth in the attached Contract Documents, for the unit prices listed opposite each item. BIDDER: BY: (Printed Name) DATE: PHONE NO: (SEAL) NOTE: If Contractor is a corporation, Secretary should attest.  ,~, (Signature) // (Printed Name) PROPOSAL-6 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING TOTAL PRICE IN WORDS TOTAL PRICE IN FIGURES CONTRACT PROPOSAL-5 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO, AND UNIT PRICE IN WORDS $ $ 9 M-150 PROJECT SURVEY & STAKEOUT PER LS $ . $ . 1(: 'vl-200 MOBILIZATION (4% MAXIMUM) PER LS $ ,,.,, . $ , PROPOSAl,-4 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNiT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ $ 5 P-101 REPAIR OF JOINTS & CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE PER LF $ ::)-612 FIELD OFFICE :OR ~ , j PER LS $ f 7 P-620 ~UNWAY & TAXlWAY PAINTING PER SF $ . $ · 8 M-lO0 MAINTENANCE AND PROTECTION OF TRAFFIC LS $ t $ ' ,/ PROPOSAL-3 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ 1 P-101 :PAVEMENT PREPARATION 2 P-101 FILLING OF JOINTS AND CRACKS (TYPE 0 CRACK REPAIR) PER LS $ ,$ . , 3 P-101 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE 1 CRACK REPAIR) PER LF $ . $ 4 P-101 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE 2 CRACK REPAIR) 2'100 LF ,~,~ PER LF $ $ . PROPOSAL-2 July 7, 2009 Town of Southold 53095 Route 25 Southold, NY 11971 Re: Runway Crack Repair & Sealing at the Elizabeth Field Hi-Lite Markings, Inc. has been unable to meet the DBE participation for this project for the following reasons. 1. Hi-Lite purchases the paint (Sherwin-Williams), glass beads (Potter's Industries), and crack seal material (Crafco) directly from the manufacturer, thus providing the lowest possible price to the owner. 2. Hi-Lite owns all the necessary equipment required under this contract. 3. Hi-Lite already has the experienced personnel, five years or more, required under this contract. Sincerely~ours, Ricehard C. McNeely III Vice President/General Manager 18249 Hi-Lite Drive · R 315.583.6111 · P.O. Box 460 ° Adams Center, NY 13606 F. 315.583.5807 ° info@hi-lite.com www. hi-lite.com AviNG OUR M AR~:O~N A~M ERICA'S R U N~Ay'S'''~'- DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All fmms qualit~ying under this solicitation are encouraged to submit proposals. Award of this contract will be conditioned upon satisfying the DBE requirements of this contract. These requirements apply to all bidders, including those who qualify as a DBE. A DBE utilization goal of 2.4 percent has been established for this contract. The bidder shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. Within 15 days after the opening of bids and before award of the contract, all bidders wishing to remain in competition for award of this contract shall submit a DBE Participation Plan to the Owner. A DBE Letter Of Intent Form is included on the following page to assist in completing the Plan. CERTIFICATION OF BIDDER: The undersigned bidder will satisfy the DBE requirements of these specifications in the following manner (please check the appropriate space): The bidder is committed to meeting the DBE utilization goal stated above on this contract. The bidder, if nnable to meet the DBE utilization goal stated above, is committed to a minimum of C) % DBE utilization on this contract, and will submit documentation demonstrating good faith efforts. Name ofBiddefs Firm: /'4 i - L~rc }ttk~,rl~'~0~,; '~t, lc, Street Address: !gkq~ /41 -L,~c I)t-loc Cia/State/Zip: ~&~ ~e(j ~ [5~ Bidder's Status: DBE: [] Non-DBE: ~ Age of Firm: Annual Gross Receipts of Firm: IRSNumber: / ~- ]~ I~ Si~a~re and Title (This form must be completed and submitted with the Proposal.) PROPOSAL-16 STATEMENT OF SURETY'S INTENT TO: Town of Southold We Have Reviewed The Bid of of (Contractor) for Runway Crack Repair & Sealing Bids for Which Will be Received On: (Address) (Bid Opening Date) and wish to advise that should this Bid of the Contractor be accepted and the Contract awarded to him, it is 6ur present intention to become surety on the performance bond and labor and material bond required by the Contract. Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assure no liability to you or third parties if for any reason we do not execute the requisite bonds. We are duly authorized to do business in the State of New York. ATTEST: Surety's Authorized Signature(s) (Corporate seal, if any. If no seal, write "No Seal" across this place and sign.) ATTACH PROPOSAL GUARANTEE ATTACH POWER OF ATTORNEY (This form must be complete and submitted with the Proposal. Copies of this form may be filled out and attached to this page.) PROPOSAL- 15 . H nove[ ~h' Hah°Vet Insurance C°mpany 1440 Linc°In Street' W°rcester' MA 01653 Finandal Statement The Hanover Insurance Company, Bedford, New Hampshire FINANCIAL STA'FE~ENT A~ OF DECF. NtBER 31, 2008 A~SEFS 2008 Gash in Banks (Including Short-Term Investments) .................................. $ 185,470,946 Bonds and Stocks ........................................................................ 3,284254,490 Other Admitted Assets .............................................................................................. 981,445,993 Total Admitted Assets. .................................................................. LIABILITIES, CAPITAL AND SURPLUS Reserve for Unearned Premiums ..................................................................................... $ Reserve for Loss and Loss Expense .............................................................. Reserve for Taxes ................................................................................... Funds held under reinsurance treaties .......................................................... Reserve for all other Liabilities .................................................................................. Capital Stock - $1.00 par ....................................$ 5,000,000 Net Surplus ............................................. 1,532,605,904 Policyholders' Surplus ....................................................................... Total Liabilities, Capital and Surplus ....................................................................... 4,451,171,429 855,011,462 1,598,443,164 0 8,291,579 451,819,320 1,537,605,904 4,451,171,429 COMMONWEALTH OFMASSACHUSETTS [ s,s~: COUNTY OF WORCESTER / Martin D. Kelly, AssL Treasurer of The Hanover Insurance Company, being duly sworn deposes and says that he is the above described officer of said Company, and ce~fies that the foregoing statement is a true statement of the condition and affairs of the said Company on December 31, 2008. MARTIN D. KELLY PRINCIPAL'S ACKNOWLEDGEMENT INDIVIDUAL VERIFICATION State of County of On this day of , in the year 20 , before me personally came to me known, and known to me to be the person (s) who is (are) described in and who executed the forgoing instrument, and acknowledges to me that he (they) executed the same. (Notary Public) LIMITED LIABILITY COMPANY VERIFICATION State of County of On this __ day of , in the year 20 , before me personally appeared , to me known and known to me to be the person who executed the foregoing Agreement, and who being by me duly sworn, deposes and says that (s)he is the of . A Limited Liability Company, and that (s) he executed the foregoing Agreement as the act and deed of the said Limited Liability Company. (Notary Public) state of County of CORPORATE VERIFICATION On this '2~ day of J~{c/ , in the year 20~9~ , before me personally came [~ ~.[~4r.~ C. ~c ~tt/~ ~ to me ~o~, who, berg by me duly sworn, ~eposes ~d says ~at (s) he resides ~ the Ci~ of ~.~%, ~ ~at (s) he is ~e ~tcc ~t~/~d~t~ of~e ~[- & t ~ ~t~ (, ~. the co.ration described ~ ~d whicfi executed ~e forego~g ~smment, ~at (s) ff~ows the seal of~e said co~oration; ~m ~e seal affmed to ~e said ~s~ent is such co.orate seal; ~at it was so affixed by ~e order of~e Bo~d of Dkectom of said co~oration, ~d that (s) he signed hisser n~e ~ereto by l~e order. ~ ~_~t~ ~-- ~o~ ~) ~M.~Efl~ ~p~ ~Y~ ~m~ ~ Jun. State of New York County of Onondaga On this 6th day of Ju_~l in the year 2009, before me personally came Corinne E. Yousey to me known, who, being by me duly sworn, did depose and say that (s)he resides in Syracuse, NY; that (s)he is the Attorney-in-Fact of the Hanover Insurance Company. the corporation described in and which executed the attached instrument; that (s) he knows the corporate seal of the said corporation; that the seal affuxed to the said instrument is such corporate seal; and that it was so affuxed by order of the Board of Directors of the said corporation; and that signed.his/her name JOHN A. SROK~ Notary Public - State of New York No, 0tSR4700126 Qualified in Onondaga County · -Mit Oommi~ion [xpl~e~ 4une 30, 20II This Power of Attorney may not be used to execute any bond with an inception date after October 1, 2010 THE HANOVER INSURANCE COMPANY MASSACNUSE'I-I'S BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER iNSURANCE COMPANY and MASSACHUSE~I'S BAY INSURANCE COMPANY, both being coq)orations oqianized and existing under the laws of the State of New Hampshire, and CITIZENS iNSURANCE COMPANY OF AMERICA. a coq)oration organized and existing under the laws of the State of Michigan. do hereby constitute and appoint Robert J. Rayo, Lorl L. Van Auken, Lthda J. Provo, Patflela G. Corwln, John A. Sroka, Corinne E. Youssy and/or William G. Butler of Syracuse, NY and each is a tree and lawful Attomey(s)-in-fact to sign. execute, seal, acknowledge and deliver for. and on [ts behalf. and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, centracts of indemnity or other writings obligatoP/in the nature thereof, as follows: Any such obligations In the United States, not to exceed Thirty Million and Noll00 ($30.000.000) in any single instance and said companies hereby ratify and cenflrm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made umler and by authority of the following Resolution passed by the Board of Directom of said Companies which resolutions are still in effect: "RESOLVED. That the President or any Vice president, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attemeys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY. MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 23rd day of May, 2008. THE HANOVER IN,SUrE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY THE COMMONWEALTH OF MASSACHUSE~I'S ) COUNTY OF WORCESTER ) ss. On this 23rd day of May 2008. before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of Amedca, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument ara the cerporate seals of The Hanover insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said ceq)orate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Coq)orations. My commission expires on November 3. 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney ars still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of Amedce. ~RESOLVED. That any and ali Powers ol' Attorney and Certified Copies of such P~wers of Attorney and certification in respec~ them-to, granted and executed by the President or any Vice President in conjunct[on with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover insurance Company;, Adopted April 14, 1982 Massachusetts Bay Insurance Company;, Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 6th day of July ,20 09. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY .p~ E.. Brau~,, ~st~i~ [/tc.~ Pre~Me~l THE AMERICAN INSTITUTE OF ARCHITECTS BOND# HIL070909 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we HI-LITE MARKINGS, INC. 18249 HI-UTE DRWE ADAMS CENTER, NY 13606 as Principal, hereinafter called the Principal, and THE HANOVER INSURANCE COMPANY 440 LINCOLN STREET WORCESTER, MA01653 a corporation duly organized under the laws of the State of NEW HAMPSHIRE as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD 53095 ROUTE 25 SOUTHOLD, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of TEN AND 001100 PERCENT of Bid Amount ..................... (10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RUNWAY CRACK REPAIR AND SEALING AT THE ELIZABETH FIELD NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and matedal furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6th day of July, 2009 (Wit~) HI-LITE MARKINGS, INC. (Principal) (Seal) ~c~(~.~t c,. ~¢~¢t7 u;~ THE HANOVER INSURANCE COMPANY (Surety) (Seal) CORINNE E. YOUS{~(, A~ney-in-Fact AIADOCUMENTA310 BIDBOND AIA® FEBRUARY1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 STATEMENT OF SURETY'S INTF-~IT TO: Tgwn of Southold We Have Reviewed The Bid of Hi-Lite Markings, Inc. (Conb-actor~ of 18249 Hi-Lite Ddve, Adams Center, NY 13606 (Address) for Ku.w.,~ Crack Reuair & Sealino Bids for Wl~ich Will be Received O~: July 9, 2009 (Bid Opening Date) and wish to advise that should'this Bid of the Coniractor be accepted and the Contract awarded to him, it is 6ur present intention to b~:ome surety on the performance bond end labor and material bond required by the Contract. Any arrangement for the bonds required by the ConWact is e matter between the Contractor and ourselves and we assure no liability to you or third parties if for any reason we do not execute the requisite bonds. We ar~ duly authorized to do business in the State of New York. ATTE~JA,t-4A~ ~'~- '~ J~:~'~Surety'sHan°ver Insurance Company(,,)~hz~al~- ~0-~ ~Authorized Sil~atun~ 'Codnne E. Yousey, Attorney-in-Fact (Coq)orate seal, if any. If no seal, write "No Seal" across this place and sign.) ATTACH PROPOSAL GUARANTEE · ATTACH POWER OF ATTORNEY (This form must be complete and submitted with the Proposal. Copies of this form may be lille,: oat and attached to this page.) It06 PROPOSAL-I 5 CERTIFICATION FOR RECEIPT OF ADDENDA Receipt of the following Addenda is acknowledged: ADDENDUM NO.: ADDENDUM NO.: ADDENDUM NO.: DATED: DATED: DATED: (Firm or Corp9ration MakiJg Bid) (Signa~re- ~'f ^uthorized ?erson~ P.O. Address:~-.) l~:uglC/'/~00; /~5 ~{~e5 t~[t ]~06 (This form must be completed and submitted with the Proposal.) PROPOSAL-14 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NON-SEGREGATED FACILITIES: A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt fxom the provisions of the Equal Opportunity Clause. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractom for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposaL Signature: Date: (This form must be completed and submitted with the Proposal.) PROPOSAL- 13 CERTIFICATIONS TELEPHONE NO.: 31.~'- ~'.q'~- (blt t FAX NO. IRS EMPLOYER IDENTIFICATION NUMBER: f~ - /'-]6 CERTIFICATION OF NON-SEGREGATED FACILITIES - 41 CFR PART 60-1.8 CERTIFICATION OF NONSEGREGATED FACILITIES: The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach &this certification is a violation &the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timectocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis ofrane, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractom prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that · she or he will retain such certifications in his files. NOTICE TO PROSPECTIVE .FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. PROPOSAL-12 BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this Clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production &the components, exclusive of final assembly labor COSTS. (b) The successful bidder will be required to assure that only domestic steel and manufactured P~'oducts will be used bY the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and ora satisfactory quality; 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. BUY AMERICAN CERTIFICATE By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, are produced in the United States, as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN (This form must be completed and submitted with the Proposal.) PROPOSAL-II Corporate Information 1. A. Name of Bidder: Hi-Lite Markings, Inc. B. Bidder is: Corporation 2. A. Address of Principal Office: 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 B. Federal ID: 16-1381276 3. Date Bidder was organized: October 1990 4. Incorporated in New York 5. A. Engaged in Business: 18 Years B. Principal Officers: John S. McNeely, President 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 Richard C. McNeely III, Vice President/General Manager 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 Rhonda M. McNeely, Vice President/Sales 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 Kelly J. Spinner, Secretary/Treasurer 18249 Hi-Lite Drive PO Box 460 Adams Center, NY 13606 18249 Hi-Lite Drive P. 315.583.6111 P.O. Box 460 · Adams Center, NY 13606 F. 315.583.5807 · info@hi-lite.com www. hi-lite.com LEAVi.N:G OUR M'ARK'~N~' A~ERI'CA~$ RUNW RESOLUTION FOR CORPORATE BIDDERS (Name of OffiCer) to sign and submit the bid or proposal of this corporation for the following project: be authorized Runway Crack Repair & Sealing and to include in such bid or proposal the certificate as to non-collusion required by section one hundred three-d &the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by ~4 ~- L ~ ~-- ~ tM'~r-. ;~ Corporation at a meeting of its Board of Directors held outhe ~" dayof retary) · ~ ~ (Seal) (This form must be completed and submitted with the Proposal.) PROPOSAL- 10 NON-COLLUSIVE BIDDING CERTIFICATE The Signer of this Bid declares: A. That he/she has carethlly examined the annexed form of the Agreement and Contract. Pursuant to Section 103-d of the General Municipal Law, 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 beliefi 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; 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 or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. I hereby affirm under the penalties of perjuD' that the foregoing statement is true. Affix Seal BIDDER: if Principal is Corporation BY: TITLE: STATE OF NEW YORK) SS: couNTy oF On the ~.p/,n. day of O'~'l~ · 20 0'~, before me personally came to me known, who, being by me duly sworn, did swear and affirm that he/she resides at ,/_C~ .~J ?J, ~-~ x-a~ ~- t[o aJ t,. - owa /dF' /3 :thathe/sheisthe I]/~t ~rt~'~[- /~.u~t~',~tt0/,~ooo~' of the Bidder herein and signs the foregoing Non-Co usive Certification on behalf of such ~Bkid~r;~hat he/she execute~l the foregoing Non-Collusive Certification; and that, to the best &his knowledge and belief, the statement made in the foregoing Non~ Collusive Certification is tree. MY COMMISSION EXPIRES: (This form must be completed and submitted with the Proposal.) PROPOSAL-9 CONTRACTOR'S CERTIFICATION OF ELIGIBILITY The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi.om participation in this transaction by any Federal department or agency. The bidder/offeror further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. That, the information above is true and complete to the best of my knowledge. Printed Name and Title Signature Date NOTE: The penalty for making false statements in offers is prescribed in 18 Id.S.C. 1001. The full names and residences of all persons interested in this proposal as principals are as follows: (This form must be completed and submitted with the Proposal.) PROPOSAL-8 ATTACHMENTS TO PROPOSAL BIDDER and his/her surety, where appropriate, have completed and executed the attached documents which are identified below. Contractor's Certification of Eligibility Non-Collusive Bidding Certificate Resolution for Corporate Bidders Buy American Preferences & Certificate Certifications: Certification Of Non-Segregated Facilities Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Certification for Receipt of Addenda Statement of Surety' s Intent Disadvantaged Business Enterprise Requiremems DBE Letter of Intent Form PROPOSAL-7 The bidder states that this proposal is based upon prevailing wages in Suffolk County, New York and in no case are wages considered less than those predetermined by the State and Federal Departments of Labor, schedules of which are contained in the Contract Documents. The bidder proposes and agrees, if this Proposal is accepted, to contract in the form of contract specified with the Town of Southold (Owner), to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Runway Crack Repair & Sealing project in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents and Contract Drawings, to the full and entire satisfaction of the above said Owner, with a definite understanding that no money will be allowed for extra work except as set forth in the attached Contract Documents, for the unit prices listed opposite each item. BIDDER: (Signature) (Printed Ntme) e}IOr E rqo: g t 5'- -5-8,3 - G I I I (SEAL) NOTE: If Contractor is a corporation, Secretary should attest. ATTEST: SECRETARY:~J~-~ ~,.._.~/~ (P~inted Nme) 1/06 PROPOSAL-6 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING TOTAL PRICE IN WORDS TOTAL PRICE IN FIGURES PROPOSAL-5 ELIZABETH FIELD AIRPORT RUNVVAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION .INIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ $ 9 M-150 PROJECT SURVEY & STAKEOUT 1 LS ~o ~-~oo ~o.,u~.o. (~% LS PROPOSAL-4 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO, AND UNIT PRICE IN WORDS $ $ 5 P-101 REPAIR OF JOINTS & CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE 1,510 LF PER LF 6 P-612 FIELD OFFICE LS 7 P-620 RUNWAY & T~IWAY PAINTING 19,800 SF 8 ~-100 ~AIMTENANOE AND P~OT~OTION OF T~AFFIO L$ PER L$ PROPOSAL-3 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION INIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS I P-101 ~AVEMENT PREPARATION LS 2 P-101 F~LLING OF JOINTS AND CRACKS ~PE 0 C~CK REPAIR) LS 3 P-101 ROUTING AND S~LING OF JOINTS AND C~CKS ~PE 1 C~CK REPAIR) 5,800 LF 2,100 LF PROPOSAL-2 WARNING: THIS POWER OF AI-FORNEY IS INVALID WITHOUT THE RED BORDER. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fh'e and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to, act for and on behalf of the Company and may give such appointee such authority as bis or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contract~ of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such_appointee and revoke the power given him.o_r her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pail of the foregoing authority to one or more o~cers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secreta~; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chahnnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Seccetary or any Assistant Secretary and duly at~sted and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certifieatu relating thereto appointing Resident Vice Presidents, Resident Assistant Secretmies or Attorneys-ni-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or cexfificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Keri M. Johanson, the undersigned. Assistant Secretary, of Famxthgton Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Gtmtanty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Mmine Insurance C~mpany, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and S~g~x~pany~4[~meri~c~-~nd United States Fidelity and Guaranty Company do hereby revoked. ~-~?-~ ~ ~fed by~s~ompanies, wbich is in full force and effect and has not been ,,0`4` IN TESTIMONY WHEREOF, I have hereunto set my hand a[g[~ t~s o~ ~'~anies this 9th dayof July ,20 09. Ieeeeeeeeee To verify the authenticity of this Power of Attorney, call 1-800421-3880 or contact us at www. travelersbond.eom. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bend to which the power is attached. WARNING: THIS P~)WER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER · WARNING: THIS POWER OF A]TORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmingtnn Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 220135 Certificate No. 002978467 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under thc laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint C. C. Leach, F. E. O'Brien Jr., K. J. Furlong, P. J. Clyne, T. M. Tyrrell, T. R. Tyrrell, C. E. Antoinette, and E. J. Canterbury of the City of Albany State of New York , their true and lawful Anomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or i~tmi~e~in any ~ons 0F proceedings allowed by law. __ 2008 . ~,"~' ~ : ~ Fidelity and Guaranty insu~?dnderw~it~rs, Inc. St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United Staie~ Fidelity and Guaranty Company 'eeeeeeeeee State of Connecticut By: ~G/~''''~;~''" ' ~ ~eo~o~ City of Hartford ss. ' ~ On this the 24th day of June__2008 . before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercuu Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires thc 30th day of June, 2011. e ' . treault, Notary Public 58440-5-07 Printed in U.S.A. ' WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER PREMIUM BALANCES 303.~t 95 LIABILITIES &SURPLUS PAID ~1 SURI~LUS 3o3~ez TOTAL LIAE;IL!TIES & SURPLUS STATE OF CONNECTICUT } COUNTY OF HA~T/=ORD )SS. CITY OF HARTFORD ) ERIC B, BRUDER. BEll G DULY SWORN, SAYS ~T HE .~S CHIEF FINANCIAL OFFICER - 1RAVELERS BOND & FINANCIAL PRODUCTS. OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. ,AND THAT TO 'IHE BEST OF HIS KNOWLEDGE AND BELIEF. '114E FOREGOING tS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAD COMPANY AS OF THE 31st OAY OF DEC. ENEIER. 2005. CHIEF FINANCIAL OFFICER - BOND & FfNANCIAL PRODUCTS J Nolar~, P. blic , , , I Travelers Casualty and Surety Company of America Hartford, CT 06183 SURETY COMPANY'S ACKNOWLEDGMENT State of New York, County of Albany}'' On this 9*h day of July, 2009, before me personally appeared T.M. Tyrrell; to me known, who, being by me duly sworn, did depose and say: That he/she resides in the City of Albany, New York; that he/she is Attorney-in-Fact of Travelers Casualty and Surety Company of America, the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said Company; that the seal affixed to said instrument is such corporate seal; and that he/she signed said instrument as Attomeyqn-Fact by authority of the Board of Directors of said Company;, and affiant did further depose and say that the Superintendent of Insurance of the State of New York has, pursuant to Chapter 882 of the Laws of the State of New York for the year 1939, constituting chapter 28 of the Consolidating Laws of the State of New York as the Insurance Law as amended, issued to Travelers Casualty and Surely Company of Amedca his/her certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds, undertakings, recognizances, guaranties, and other obligations required or permitted by law; and that such certificate has not been revoked. Renr~e]aer C~unty Exp. 12/18/2010 STATEIVIENT OF SUR~*$ INTENT TO: Town of Sou~old We Have R~-viewod The Bid of Bothar Construction~ LLC (Contractor) of 170 East Service Road, Binghamton, New,York 13901 (Address) for Runway Crack P.e~atr & Sealln~ Bids for Whloh Will be Reoslved On: July 9, 2009 (Bid Opening Date) .and whh to advise that should this Bid of thc Ce~-actor be accepted and the Contract awarded to him, it is our present retention to become surety on the performance ilond and labor and material bond tequlmi by the C,~.:. ~'t. Any ~rrangemont for the bonds required by the Clontra~t is a metier berweon the Coneactor and o~ra~lves aadWe asst~e no liabilitY to yo~ or th.kd purges it'for any r~ason we do not exe,:ute the teq~|sito bonds. We ar~ duly authorized to do business ia the State of New York Witness:(~ ///~//~ Trav~ers Ca~al/y and Surety Company of America Surety's AuthOred Signature(a) T.M. Tyrrell, Attorney-in-Fact (Corporate seal, if any. If no seal, 'write '~o 8~iI" across this place and sign,) ATTACH PROPOSAL GUARANTEE ATTACH POWER OF A'ri'ORNEY (This form must be complete and submitted with the Proposal. Copias of this form atay be filled out and attached to this page.) PROPOSAL' 15 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 220135 Certificate No. 002978466 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, 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, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint C. C. Leach, F. E. O'Brien Jr., K. J. Furlong, P. J. Clyne, T. M. Tyrrell, T. R. Tyrrell, C. E. Antoinette, and E. J. Canterbury of the City of Albany State of New York their tree and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in thei~ bus,ness or. guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or p o~ g~oceedings allowed by law. · this 24th IN WITI~ESS WHEREOF, the Com~ day of June o ~ Fidelity Fidelity and Guaranty Seaboard Surety Company St. Paul Fire and Marine Insurance Company , Inc. SL Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company City of Hartford ss. rapson, ~ce President ~ On this the 24th day of June 2008__ , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instalment for the purposes therein contained by signing on hehalf of the corporations by himself as a duly authorized officer. In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June. 2011. Made C. Tetreault, Notary Pablic 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTO~N EY IS INVALID WITHOUT THE RED BORDER HAR~I~QP, D. CONNECTICUT 06183 F,~.C~L s+^~U~NT ~s OF ~C~B~ ~. 2~ LIABIUllES & 8~JRPLU$ ~ UHEARNED pREMiUMS $ 846~09.219 LOSSES BZ2~55,804 LOSS AD,R,IBTMENT EXPENSES 276.222,162 COMMiSSiONS S2,1~.065 OTHER SURPLUS t 425 632 STALE C~F CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD ERIC B. BRUDER. BE:lNG DULY SWORN, SAYS THAT HE I$ CHIEF PIN,~NCIAL OFf=ICER - TRAVELERS BOND & FINANCtAL PRODUCTS. CHIEF FINANCIAL OFF~C ER - BOND & FINANCUU- PRODUCTS NOTART~PLTBLIC :~: ~ ~ ?]oatrv Pttb/ic , Travelers Casualty and Surety Company of America Hartford, CT 06183 ATTORNEY-IN-FACT JUSTIFICATION PRINCIPAL'S ACKNOWLEDGMENT - IF LIMITED LIABILITY COMPANY State of New York, County of Albany}" On this 9th day of July, 2009, before me personally appeared James E. O'Brien, Jr., to me known, who, being by me duly sworn, did depose and say: That he/she resides in Binghamton, New York; that he is a Member of Bethar Construction, LLC, a Limited Liability Company, the Company described in and which executed the foregoing instrument; that he executed the foregoing ins(~Jment as the act and deed of said Company; and that he had the requisite authority to do so, Re n,~selaer C~unty Co~m. Exp. 12/18/2010 SURETY COMPANY'S ACKNOWLEDGMENT State of New York, County of Albany}" On this 9~h day of July, 2009, before me personally appeared T.M. Ty~ell; to me known, who, being by me duly sworn, did depose and say: That he/she resides in the City of Albany, New York; that he/she is Attorney-in-Fact of Travelers Casualty and Surety Company of Amebca, the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said Company;, that the seal affixed to said instrument is such corporate seal; and that he/she signed said instrument as Attorney-in-Fact by authority of the Board of Directors of said Company; and affiant did further depose and say that the Superintendent of Insurance of the State of New York has, pursuant to Chapter 882 of the Laws of the State of New York for the year 1939, constituting chapter 28 of the Consolidat[og Laws of the State of New York as the Insurance Law as amended, issued to Travelers Casualty and Surety Company of Ameltca his/her certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds, undertakings, recognizances, guaranties, and other obligations required or permitted by law; and that such certificate has not been revoked. Rens~laer C~u n~y Com~. Exp. 12/18/2010 THE AMER, ICAN INSTITUTE OF ARCHITECTS AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we BotharConstruetion LLC 170 East Service Road, Binghamton, New York 13901 as principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, S3095 Route 25, Southold, New York 11971 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Attached Bid Dollars (' 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs~ executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WH E REAS, the Principal has submitted a bid for Runway Crack Repair and Sealing, El.izabeth Field, Fisher's Island, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddin8 or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the P{incipal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Ob!igee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good taith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of July, 2009 J.~olumbus (witness) I~mbus f_ ' Bothar Construction, LLC (Seal) J~ri'es E. O~rBrien, Jr. (Title) Member { Tl~fialty an (dsSu:~e~ty Company of AmerifCsaeaf) T.M. Tyrr~'''~(Tit/e) Attorney-In-Fact AIA DOCUMENT A310 · BiD BOND · AIA O * FEBRUARY 1970 ED · THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 N.Y. AVL~ N.W., WASHINGTON, D.C. 20006 (~ Printed on Recycled Paper 9193 1 Airport Name: DBE LETTER OF INTENT FORM (Submit one form for each DBE subcontractor.) FAA AlP Project No: Total Awarded Contract Amount: Name of Bidder's Firm: Street Address: City/State/Zip: Name of DBE firm: Street Address: City/State/Zip: Telephone: Description of work to be performed by DBE firm: The bidder is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By:. (Signature) (Title) If the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void· 'END OF PROPOSAL PROPOSAL-17 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All fro-ns qualifying under this solicitation are encouraged to submit proposals. Award of this contract will be conditioned upon satisfying the DBE requirements of this contract. These requirements apply to all bidders, including those who qualify as a DBE. A DBE utilization goal of 2.4 percent has been established for this contract. The bidder shall make good faith efforts, as def'med in Appendix A, 49 CFR Part 26, to meet the contract goal for DBE participation in the performance of this contract. Within 15 days after the opening of bids and before award of the contract, all bidders wishing to remain in competition for award of this contract shall submit a DBE Participation Plan to the Owner. A DBE Letter Of Intent Form is included on the following page to assist in completing the Plan. CERTIFICATION OF BIDDER: The undersigned bidder will satisfy the DBE requirements of these specifications in the following manner (please check the appropriate space): The bidder is committed to meeting the DBE utilization goal stated above on this contract. The bidder, if unable to meet the DBE utilization goal stated above, is committed to a minimum of O % DBE utilization on this contract, and will submit documentation demonstrating good faith efforts. Name of Bidder's Firm: BOTItAR Construction, LLC Street Address: 170 East Service Road City/State/Zip: Binghamton, New York 13901 Bidder's Status: DBE: [] Age of Firm: 10 Years Annual Gross Receipts of Firm: IRS Number: 161570/429 Non-DBE: [] $ 15,000,000.00 ~(gnaturc [nd Title Member This form must be completed and submitted with the Proposal.) PROPOSAL-16 Completed form attached to Bid Bond STATEMENT OF SURETY'S INTENT TO: Town of Southold We Have Reviewed The Bid of of (Contractor) for Runway Crack Repair & Sealing Bids for Which Will be Received On: (Address) (Bid Opening Date) and wish to advise that should this Bid of the Contractor be accepted and the Contract awarded to him, it is our present intention to become surety on the performance bond and labor and material bond required by the Contract. Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assure no liability to you or th!rd parties if for any reason we do not execute the requisite bonds. We are duly authorized to do business in the State of New York. ATTEST: Surety's Authorized Signature(s) (Corporate seal, if any. If no seal, write "No Seal" across this place and sign.) ATTACH PROPOSAL GUARANTEE ATTACH POWER OF ATTORNEY (This form must be complete and submitted with the Proposal. Copies of this form may be filled out and attached to this page.) PROPOSAL- 15 CERTIFICATION FOR RECEIPT OF ADDENDA Receipt of the following Addenda is acknowledged: ADDENDUM NO,: ADDENDUM NO.: ADDENDUM NO.: DATED: DATED: DATED: BOTHAR Construction, LLC (Firm or Corporation Making Bid) (~b~'~ture ofrAuthorized Person) P.O. Address: 170 East Serv±ce Road B±nghamton, NY 1390 Dated: July 7, 2009 (This form must be completed and submitted with the Proposal.) PROPOSAL-14 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NON-SEGREGATED FACILITIES: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt fi.om the provisions of the Equal Opportunity Clause. Contractors receiving subcontract awards exceeding $10,000 which are not exempt fi-om the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractom for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt fi.om the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offem is prescribed in 18 U.S.C. 1001. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracm, and subcontracts. Where the bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Printed Name & Title: James E.O'Brien Jr. Signature: ~ .d~t~~- Date: July 7, 2009 Member (This form must be completed and submitted with the Proposal.) PROPOSAL-13 CERTIFICATIONS BIDDER'S NAME: BOTHAR Construction, LLC ADDRESS: 170 East Service Road Binghamton, New York 13901 TELEPItONE NO.: 607 723-5012 FAX NO. 607 723-4982 IRS EMPLOYER IDENTIFICATION NUMBER: 16 1570429 CERTIFICATION OF NON-SEGREGATED FACILITIES - 41 CFR PART 60-1.8 CERTIFICATION OF NONSEGREGATED FACILITIES: The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications fi-om proposed subcontractors for specific time periods) she or he will obtain identical certifications fi-om proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt fi-om the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. NOTICE TO PROSPECTIVE .FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS: A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt fi-om the provisions of the Equal Opportunity Clause. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. PROPOSAL-12 BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used bY the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and ora satisfactory quality; 2. that the US Department of Transportatinn has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. BUY AMERICAN CERTIFICATE By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, are produced in the United States, as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN (This form must be completed and submitted with the Proposal.) PROPOSAL-ti LLC RESOLUTION FOR CORPORATE BIDDERS RESOLVED, that James E. O'Brien Jr. Member (Name of Officer) to sign and submit the bid or proposal of this corl~o~r~tion for the following project: Runway Crack Repair & Sealing be authorized and to include in such bid or proposal the certificate as to non-collusion required by section one hundred three-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under penalties of perjury. BOTHAR Construction, LLC The foregoing is a true and correct copy of the resolution adopted by onthe 7th day of July ,20 09 Corporation at a meeting of its Board of Directors held LLC Members (Secretary) Member (Seal) N/A (This form must be completed and submitted with the Proposal.) PROPOSAL-lO NON-COLLUSIVE BIDDING CERTIFICATE The Signer of this Bid declares: A. That he/she has carefully examined the annexed form of the Agreement and Contract. Pursuant to Section 103-d of the General Municipal Law, 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 beliefi 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; 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 or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. 1 hereby affirm under the penalties of perjury that the foregoing statement is true. Affix Seal BIDDER: if Principal is Corporation BY: TITLE: STATE OF NEW YORK) SS: COUNTY OF ~a~ ) On the "]1~ day of ~g[J ~_~struction, LLC fember ,20 ~3~1 ,before me personally came to me known, who, being by me duly sworn, did swear and affirm that he/she resides at of th[ Bidder herein and signs the foregoing Non-Collusive Certification on behalf of such Bidder; that he/she executed the foregoing Non-Collusive Certification; and that, to the best of his knowledge and belief, the statement made in the foregoing Non- Collusive Certification is tree. JENNIFER ELLSWORTH Notary Public, State of New York No. 01 EL6078092 Residing in Broome County ¢~ My commission expires ~/l.~?dt~H~l:~&;~N EXPIRES: (This form must be completed and submitted with the Proposal.) PROPOSAL-9 CONTRACTOR'S CERTIFICATION OF ELIGIBILITY The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi.om participation in this transaction by any Federal department or agency. The bidder/offeror further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. That, the information above is true and complete to the best of my knowledge. James E. O'Brien Jr. Member Printed Name and Title July 7, 2009 Date NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The full names and residences of all persons interested in this proposal as principals are as follows: James E. O'Brien Jr. Member 829 Oak Hill Road Binghamton, New York 13901 Job J. O'Brien Member 842 Brotzman Road Binghamton, New York 13901 (This form must be completed and submitted with the Proposal.) PROPOSAL-8 ATTACHMENTS TO PROPOSAL BIDDER and his/her surety, where appropriate, have completed and executed the attached documents which are identified below. Contractor's Certification of Eligibility Non-Collusive Bidding Certificate Resolution for Corporate Bidders Buy American Preferences & Certificate Certifications: Certification Of Non-Segregated Facilities Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Certification for Receipt of Addenda Statement of Surety's Intent Disadvantaged Business Enterprise Requirements DBE Letter of Intent Form PROPOSAL-7 The bidder states that this proposal is based upon prevailing wages in Suffolk County, New York and in no case are wages considered less than those predetermined by the State and Federal Departments of Labor, schedules of which are contained in the Contract Documents. The bidder proposes and agrees, if this Proposal is accepted, to contract in the form of contract specified with the Town of Southold (Owner), to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Runway Crack Repair & Sealing project in full and complete accordance with the shown, noted, described and reasonably intended requirements of the Contract Documents and Contract Drawings, to the full and entire satisfaction of the above said Owner, with a definite understanding that no money will be allowed for extra work except as set forth in the attached Contract Documents, for the unit prices listed opposite each item. BIDDER: BY: (Signature) James E. O'Brien Jr. (Printed Name) N/A (SEAL) DATE: July 7, 2009 COMPANY NAME: BOTHAR Construction, LLC ADDRESS: 170 East Service Road Binghamton, New York 13901 PHONE NO: 607 723-5012 NOTE:IfContractorisaco~oration, Secretary shouldaRest. ATTEST: N/A SECRETARY: (Sign~ure) (Printed Name) 1106 PROPOSAL-6 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING TOTAL PRICE IN WORDS TOTAL PRICE IN FIGURES CONTRACT PROPOSAL-5 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS i$ 9 M~150 PROJECT SURVEY & STAKEOUT LS PER ,s 10 M-200 MOBILI~TION (4% M~IMUM) LS PROPOSAL-4 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ $ 5 P-101 REPAIR OF JOINTS & CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE 1.510 LF 6 P-612 FIELD OFFICE LS 7 P-620 ~UNWAY & T~IWAY PAINTING 19,800 SF ~. s~ ~ .~.~. * 5~,~.~ 8 M-100 MAINTENANCE AND PROTECTION OF TRAFFIC LS PROPOSAL-3 ELIZABETH FIELD AIRPORT RUNWAY CRACK REPAIR & SEALING UNIT PRICE SCHEDULE FAA PRICE IN FIGURES ITEM SPEC ITEM AND DESCRIPTION UNIT PRICE TOTAL AMOUNT NO. NO. AND UNIT PRICE IN WORDS $ $ IP-101 PAVEMENT PREPARATION 1 LS PER LS ~__ fiq, sbq.m ~R-lO, ~I~LING O~OINT~ AN~ CRAO.~PEO ORAO. REPAIR~ kS 6,800 LF 4 ~-101 ROUTING AND S~LING OF JOINTS AND C~CKS ~PE 2 C~CK REPAIR) 2.100 LF PROPOSAb-2 Page 1 of 1 Rudder, Lynda From: Foley, Melanie [M.Foley@theday.com] Sent: Friday, June 19, 2009 10:15 AM To: Rudder, Lynda Subject: [NEWSENDER] - L-8064 - Message is from an unknown sender Good afternoon Lynda, Here is the legal notice to run on 6/25. If you have any questions feel free to contact me. Have a nice day, Melanie Melanie iFoley Legal. Obituary & Milestone Advertising Representative 'lhc Da? & Ibc Times Commtmily News (h'cup t)hon¢ (860) 701-42 t ~ Vax (8(',(1) 4,12-5443 www.thcday.com From: Rudder, Lynda [mailto:lynda.rudder@town.southold.ny.us] Sent: Friday, June 19, 2009 9:3,t AM To: Legal Subject: please publish 6/25/09 Please publish in the 6/25/09 edition of the Day and confirm receipt of this email. Thanks. Have a great weekend!! Lyndo M Rudder' Lynda M Rudder Deputy Southold Town Clerk Principal Account Clerk 53095 Main Road PO Box 1179 Southold, NY 11971 (631)765-1800 ext 265 6/19/2009 Rudder, Lynda From: Sent: To: Subject: postmaster@town, southold ny. us Friday, June 19, 2009 9:34 AM Rudder, Lynda Delivery Status Notification (Relay) AT1-1085921.txt please publish 6/25/ (242 B) 09 This is an automatically generated' Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legal@theday.com Page 1 of 1 Cooper, Linda From: Legals [legals@timesreview.com] Sent: Thursday, June 18, 2009 3:58 PM To: Cooper, Linda Subject: RE: FI Airport Crack Repair Bid not[ce Hi Linda, I have received the ad and we are good to go. Thanks and have a great evening, Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Thursday, June 18, 2009 3:36 PFI To: Suffolk Times Legals Subject: FI Airport Crack Repair Bid notice Hi, Please confirm recei Thank you. }t of this legal notice to bidders to be published 6/25/09 in the Suffolk Times. Linda J. Cooper Deputy Town Clerk 6/19/2009 LEGAL NOTICE NOTICE TO BIDDERS FOR THE CONSTRUCTION OF RUNWAY CRACK REPAIR & SEALING ATTHE ELIZABETH FIELD NOTICE IS HEREBY GIVEN that in accordance with the provisions of Section 103 of the General Municipal Law, sealed bids are sought and requested for the construction of the Runway Crack Repair & Sealing Project at the Elizabeth Field Airport, Fishers Island, Southold, New York. It is anticipated that this project will commence after September 15, 2009. Sealed bids for the construction of Runway Crack Repair & Sealing Contract will be received at the Town Clerk's Office, 53095 Route 25, Southold, New York 11971, until 10:00 A.M, local time~ July 9th~ 2009, and there, at said office, at said time, publicly opened and read aloud. This project will consist of crack sealing and select repairs with polymer modified asphalt concrete on Runways 12-30 & 7-25. Remarking both runways over existing markings will follow crack sealing and repairs. The Contract Documents, consisting of the Advertisement, General Provisions, Bid, Agreement, Special Provisions and Contract Drawings, may be obtained from the Town Clerk's Office, 53095 Route 25, Southold, New York 11971 (Elizabeth Neville ~ 631-765-1800) or the Fishers lsland Ferry District office on Fishers Island (Thomas Doherty ~ 631-788-7463), upon deposit of fifty dollars ($50.00) per set (check only), payable to the Town of Southold. Any plan holder, upon returning the drawings in good condition within thirty (30) days of the bid date will be refunded the full amount of his/her deposit. Parties failing to conform to the above conditions within the prescribed allotted time shall forfeit their deposits as heretofore set forth and shall have no recourse against the Town of Southold for refunds of the Plans and Specifications deposit. Bidders may inspect the property upon which the work is to occur. The property is located at the Elizabeth Field Airport, Fisher's Island, New York, 06390. Thomas Doheny, Port Manager, Fishers Island Ferry District (Phone: 631-788-7463) must be contacted before entering the property for more particulars as to location. Any questions regarding this project may be directed to Patrick M. Hludzenski of C&S Engineers, Inc. in Syracuse, NY, at (315) 455-2000, Fax (315) 455-9667. Copies of the above described Contract Documents may be examined at no expense at the Town Clerk's Office, 53095 Route 25, Southold, New York 11971, and at the Office of C&S Engineers, Inc., 499 Col. Eileen Collins Boulevard, Syracuse, New York 13212 (315-455-2000), and at the Fishers Island Ferry District Office on Fishers Island. Each bid must be accompanied by a certified check or bid bond, in the amount of ten percent (10%) of the total maximum bid price (combination of base bid or alternate bid plus add-on items) for the contract in the form and subject to the conditions provided in the Preparation of Proposal. ADV-1 The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "BID ON RUNWAY CRACK REPAIR & SEALING AT THE ELIZABETH AIRPORT" and submitted to the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: June25th, 2009 ELIZABETH A. NEVILLE SOUTHOLD TO,tN CLERK PLEASE PUBLISH ON JUNE 25, 2009, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P O BOX 1179, SOUTHOLD NY 11971 Copies to the following: Suffolk Times Comptroller Brown's Letters Town Clerk's Bulletin Board Town Board Members Dodge Reports Burrelle's Information Town Attorney Data Construction New London Day 05/04 ADV-2 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Thursday, June 18, 2009 11:04 AM To: 'brubach chris' Cc: mgrfiferry@fishersisland.net; hludzenski patrick Subject: RE: [NEWSENDER] -Airport Runway Crack Repair Bid - Message is from an unknown sender Chris, The ad looks great. I will replace those 2 pages in the bid packages we have in this office I am sure Tom will replace those pages in his bid packages. I'll have an Legal Notice to Bidders placed in the Suffolk Times and the New London Day. It will be placed in the Suffolk Times on June 25, I'm not certain of the Day's schedule but it will be on that date or eadier. Thanks for all you help. Linda ooper Deputy Town Clerk Town of Southold 631-765-1800 Life ~nay not be the pt~rty we hoped for, but as long as we're here, we might ~ well dance ~ ~rom: ~rubach chris [mailto:cbrubach~cos.com] Sent: Thursday, June 18, 2009 10:15 AH To: Cooer, Linda Cc: mgffifer~fishersisland.net; hludzenski patrick Sublet: IN.SENDER] - Airpo~ Runway Crack Repair Bid - Hessage is from an unknown sender Linda, The updated advertisement to bidders is attached as we discussed. Please review and let me know if there are changes to be made. Once finalized, this revised ad will replace the existing ad sections in the bid books. Also, please be advised that all direct costs associated with bidding this project are eligible for reimbursement under the existing design grant. Send all receipt to Kelli Walters of our office for reimbursement from the FAA. Thanks for your assistance and patience on this! Chris Christopher D. Brubach~ P.E. Senior Project Engineer C&S Companies Company Phone: 315-455-2000 Direct Phone: 315-703-4425 www.cscos.com 6/18/2009 06/18/2009 THU 8:22 FAX Page 1 of 1 From: brubach chris Sent: Thursday, June 18, 2009 9:19 AM To: 'mgrfiferry@fishersisland.net' ~ Subject: Airport Project Tom, To recap. Bids, draft construction inspection agreement and informal IFE are due to the FAA by July 15m to secure a grant this year. The grant offer from the FAA will be sent to you after all information is received. Fully executed grant offers (W~th board resolution) are due back to the FAA by August 20th. You will also need a resolution to execute the construction agreement with C&S (we already sent a draft, 6 copies for execution on your end are forthcoming. Note that the execution of the engineering agreement can happen later but needs to be back to us by start of construction which is expected mid-September 2009. We need to advertise and get the project out ASAP. I can delay the bid opening as late as July 10m if needed. Please check into the Town's administrative steps to be sure we have appropriate resolution(s) when needed. oThanks Chris Christopher D. Brubach, P.E. Senior Project Engineer C&S Companies Company Phone: 315-455-2000 Direct Phone: 315-703-4425 WWW,CSCOS ,corn dE.- 6/18/2009 C&S Companies 499 Col. Eileen Collins Blvd. Syracuse, NY 13212 p: (315) 455-2000 f: (315)455-9667 www, cscos.com Transmittal To: Elizabeth Neville Town of Southold Clerk Town Hall, P.O. Box 1179 53095 Route 25 Southold, NY 11971 RECEIVED dUl 5 009 Southold Town Cleft Date: June 4, 2009 Re: Elizabeth Field Runway Crack Repair and Sealing FAA AlP Project No. 3-36-0029-16-09 (D) NYSDOT Project No. 0913.16 (D) File: 211.012 Enclosed please find the following: 10 Numbered sets of plans and specifications #'s 1-10. Prospective bidders list to record document holders. Remarks: Please be advised that 10 numbered sets(#11-20) of plans and specifications have also been sent to Thomas Doherty. If you have any questions or need additional information, please do not hesitate to call. Very truly yours, C&S ENGINEERS, INC. ~ Christopher D. Brubach, P.E. Senior Project Engineer F:\Project~211 - TOWN OF SOUTHOLD\211012(101 RW Crack Repair\Design\Correspondence\10 bid sets to Southold.doc STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~/]~t day of~..~, 2009, she affixed a notice of which the annexed printed notice is a tree 46py, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: FI Runway Track Repair Sworn before me this q~q~ day of_7~t~, 2009. Ndtary Pub{ic ~ Southold Town Clerk LINDA J COOPER NOTARY PUBLIC, State of New York NO, 01 C04822563, Suffolk Count~ Term Expires December 31, 2{3 LONG ISLAND SOUND LONG ISLAND CONNECTICUT RHODE ISLAND AIRPORT ATLANTIC OCEAN LOCATION MAP ~IOT TO SCALE BLOCK ISLAND CONTRACT DRAWINGS FOR THE CONSTRUCTION OF QUANTITIES FOR CANVASS OF BIDS ELIZABETH FIELD AIRPORT ITEM FAA NO SPEC DESCRIPTION QUANTITY UNiTS 4 5 1 P-101 PAVEMENT PREPARATION 1 LS 2 P-101 FILLING OF JOINTS AND CRACKS (TYPE 0 CRACK REPAIR) 1 LS 3 P-101 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE 1 CRACK REPAIR) P-101 ROUTING AND SEALING OF JOINTS AND CRACKS (TYPE 2 CRACK REPAIR) P-101 REPAIR OF JOINTS & CRACKS WITH POLYMER MODIFIED ASPHALT CONCRETE 1,510 LF 6 P-612 FIELD OFFICE 1 LS 7 P-620 RUNWAY & TAXIVVAY PAINTING 19,800 SF 8 IVY100 MAINTENANCE AND PROTECTION OF TRAFFIC I LS 9 M-150 PROJECT SURVEY & STAKEOUT I LS 10 ~-200 MOBILIZATION (4% MAXIMUM) 1 LS 6,800 LF 2,100 LF SHEET TITLE 1 C~001 TITLE SHEET 2 G-002 GENEItAL NOTES, LEGEND 8 G-101 GENEHAL AND WO~ %~ ~101 C~CK ~P~ P~ ,5 C-102 C~CK ~P~ P~ 6 C-501 DET~H~ 7 X-101 ~G P~ AND DET~rr,~ PHASING PLAN TOWN OF SOUTHOLD FISHERS ISLAND, NEW YORE FAA AIP PROJECT NO. 3-36-0029-16-09 (D), 3-36-0029-17-09 (C) NYSDOT PROdECT NO. 0913.16 (D) 0913.17 (C) JUNE 1, 2009 0! NO ALTERATION PERMITTED HEP~EON EXCEPT AS PROVIDED UNDFA~ SECTION 720~ SUBDIVISION 2 OF THE NEW YORK STATE EDUCATION LAW PROJECT FILE NO. 21L012.00! CADD FILE NO. ~llm~001_C~00l METAL STRAPS AND EXPANSION ANCHORS (IYP.) 360" RED FLASHING -- ~ BARRICADE NOTES~ t S4y9r9acCu~l~,E~:~tnyCo~l?;~['2d' Toll Free: ]-877 ES SOL E 2. N~R THRESHOLDS AND AREAS OF JET B~ST, USE METAL ST~PS ~.cscos.com ~ AND EXPANSION ANCHORS TO ANCHOR BARRICADE TO PAVEMENT. ~1~ ~u / ~ ~1 ~1 ' ~[ II 4 CONT~CTORTOiNSTALLANO~NGEF~GINACCORDANCEWITH =[~ H , ~ ~] ~l I II II 'AC 150/5370-2E I BARRICADE DETAIL NO~S: , THEREOF, CONT~CTOR MAY CONSTRUCT ~/ / / / / / / z /~ ............ ~ _~_~ ~ ........ ~' THEFOLLOWINGMATERIALS:DOUBLE~YEREDJ ~~'RPORT PROPERW LINE I ~ I / ~ PAINTED SHEETS OF PLmOOD, OR SIMI~R / ,L ........................... I ~ ~ / ., ,/ MATERIALS. ' ~ EXISTING EDGE OF WATER [ ~ ~ ~' 3. CLOSED RUNWAY MARKINGS SHALL BE ~STING ~ALE CENTERUNE I ~ ~ ~ SECURED TO PREVENT MOVEMENT BY ....... I ~ ~ kG~ PROP WASH, JET B~ST, OR OTHER WIND ~ ~ ~ EXISTING CATCH BASIN ~' / ~ ~ ~,~..~,..~..o~ I ~ ~ CLOSEB RUNWAY MARKING BETAIL ~~ ................ I~ I ~S~E , ~ ~TIN~YD~NT I I. T~ CONT~CTOR'S ATTENTION IS DI~CTED TO T~ GE~L PROVISIONS ~V~ EX~TING WATER VALVE .................... ~11 .... SEC~ON 80-11, ~ORK ~X, STORAGE~ AREA AND SEQ~NCE~, OF OPE~TIONS" ~ EXISTING SANffARY LINE I 2. ALL A~AS DISTU~ED AS A ~SULT OF TItE CONT~CTOR S STAGING A~ ~ERGROUND ELECmlC LINE I CONS~UCTION OPE~T1ONS SHALL BE RESTORED EQU~ TO OR / ~LP ~ING LIGHI POLE I 3. ALL DIRT, DUST, STONES AND LOOSE DEBTS 8I~LL BE CONT~OUS1,Y EXISTING RUNWAY OR T~IWAY EDGE LIGHT ~~ o.~.~ ~ u~., [ 4 Tm CONT~CTOR Sn~,~r RECONSTRUCT A~ ~NTay E~ST~N~ ~CCESS / I ~ ELE~ICAL DISCONNECT ~ ~ ~,~,~,~, I ~ ,~ ~o~,~ ~o~ ~o~ ~.,~ow ~o~ ~,~,~ ~.~ ~o ~o~ ~ e~,~,l.¢ I~r~.,~ ] IN COST OF UNIT B~ ITEMS. T~ CONT~CTO,R SHALL TAKE THIS lETO ~ING E~CT~CAL MANHOLE ~ ...... ~ PB EXISTIN~ULLBOX I P~PA~ON" AS IT RELATES TO FILLING JOINTS AND CRACKS IN E~STING ~CAN~ HOLE/PULLBOX I PAVEMENT A~REOFE~LSIF~DASPHAETANDSA~ISREQUI~REDTO ~: ~ EXISTING DUCT BANK I 7. ~L PE~NENT RU~AY MA~INGS S~L ._,0, I ' ; DE ES THE O ER AND C.T N OF THE FfSHER'S ISLAND F~a~V ~STmC~ ~ I ]0. CO~CTICUT ~TERIALS ~Y BE UTILIZED FOR TinS PROJECT IF T~Y ARE / .o~: I 11.~LSPOILSI~LBEDISPOSED'OFATTI'~SPOILLOCATiONI~ICATEDON I ~ - z ~ ON CON.CT D~WINGS. WPE I T~ CONTACT D~W~NGS. ~ S~EC~ATm ~CT~ON ~ .... , / ~~6FWPE0C~CKREPAIR ] 12. NOWO~SF~LLTAKEPLACEBETWEENmMO~ALDAX A~LABOR~AY I I z [5-002 END GENERAL NOTES SHEET NOT TO SCALE lOT TO SCALE ~ q ,4 1 2 3 4 D 499 Col. Elleen Collins 81vd. Syracuse, New York 13212 Phone: (315)-455-2000 Fax: (315)-455-9667 Toll Free: 1-877 CS SOLVE WWW.CSCOS.com ~ FISHER'S ISLAND / ~..,~ I FEI~RY DOCK AREA OFFICE ACCESS ROAD APPROXIMATELY SPOIL LOCATION. ~ EXACT LOCATION TO BE DETERMINE r ~,/'1 BY THE OWNER ~ COURTS TO WORKAREAS ~ ~ CONCRETE '~ ~ ~ ~ BUNKERS ~ ~ w ~ ENGINEER'S ~ ~ ~ ~ F~ELD O~F~CE ~ ~ ~ 1/ '~. ~ ~ ~-- / - ~,, -- /x ,~ ~ ~.~ ~A~-/ / /~ ~ AIRFIELD BARRICADES, ~ ~ ~ ~.~.~ ~.~ / ~$%~ PA~I2~ ITEM M-tO0, SEE DETAIL , > co.~c,.,s.c,s~: ~¢~ ~.~?~ ~~ ~ . ~ ~ I ~' " ,' ~//~-- PROPO~D RUNWAY / ,~ CLOSED RUNWAY MARKING, ITEM M-100, SEE DETAIL' ~ LIGHTS (~P.) ~// ~ / ~/~ .~ I ~ ~' I, THE RUNWAY CONSTRUCTION LIMIT (RCL)HAS BEEN ~ SET TO 150 FEET FROM RUNWAY CENTERLINE. --~;; ~i~ ~/ THE APPROPRIATE NOTAMS ISSUED, ~ ' GENE~L AND WORK PHASING P~N SCALE: I" = 200' D 1 2 3 TRANSFORMER/ DISCONNECT 4 499 Col. Elleen Collins Blvd Syracuse, New York 1'3212 Phone: (315)-455-2000 Fax: (315)-455-9667 Toll Free: 1-877 CS SOLVE / ~ ', /?~.J [~PAPIt2 / / ,, \ ', / / .-~ ._. ......................................... ', JC" JC SC / / I~ ~SC R~1~-30 ~C ~PB7 ,~'-R-'-', ..... RW7-25 ~C~ CS , ~ ' ' II ' '~' 9+00 10+00 11+00 t2 ~ C ~ PAVED ~ / / -. ,, ...c ,, , ____% .. I i ,, / / // // // '~ ~ ~ RGS CONDUIT PAPI 7 ~ ~ ~1 ,I ' ~.1 / " 2 ~c,,. / / / / T~SFORUE~ '~ ~ -- . / / ~,sco..~cT ,~ ~ / ~ ; I I ~ ~ / / ~ ,I / I I ~ ~ --/1 // / / /// ~ ~ / / .~ ~', ~ I ~. ~ ~ ~-- ~ ~ ~ / / ~ PAVED ~ I / ( X X ~. SHE~ REFERENCE NO, C~CK REPAIR PLAN ~o SCALE: 1"= 50' 50' ~-- 2 3 4 Syracuse, New York 1321 Phone: (315)-455-2000 ~ Fax: (3 ~ 5)-~5 ~-9667 TIE-DOWN ~ * ~ RW 12-30 ~ ~ ................ ~SC 0~m 13+00 ~~1 t4+00 ~t~ ~ ' t6+00 L ~~7+00 18+00 ~ 19+002 __~ _ 20+00 2 ~21+00 PAVED ~ ~ SHOULDER CB ~r I~ CB i ~ i i ~ OBSTRUCTION , .... .......... ~ ~ BLOCK I8~ND SOUND SHEETREFERENCENO. 50 0 50 100FT. A1 C~CK REPAIR PLAN ~o, ~m~_ i SHEET 5 OF7 ~ SCALE: 1" = 50' ...................... . I 2 3 4 D STRIATED MARKING NOTES: 1. THE SPACE BEIWEEN STRIPES SHALL NOT EXCEED THE WIDTH OF THE PAINTED STRIPE. THE PREDETERMINED WIDTH OF THE PAINTEDAND UNPAINTED STRIPES MUST BE THE SAME THROUGHOUT THF SPECIFIC MARKING. 3. A PAINTED STRIPE IS TO BEGIN AND END THE WIDTH OF THE MARKINGS. 4. MARKINGS 3'AND GREATER IN WIDTH SHALL SE STRIATED~ [-~.SoTT~I~A~,T~ED MARKING DETAIL C PROVIDE 1" OVERBAND OF POLYMER MODIFIED ASPHALT CONCRETE (TYR BOTH SIDES PROVIDE 3" DEEP RESERVOIR (TYP.), (SEE NOTES 1 & 2) PROPOSED JOINT SEALER (HATCHED AREA), ASTM D6690, EXISTING CRACK OR JOINT, WIDTH VARIES POLYPATCH OR AN APPROVED EQUAL POLYMER MODIFIED ASPHALT CONCRETE IN 6"X3" RESERVOIR VARIES (~$") F{EMOVE ALL EXISTING BACKER MATERIAL & SEALANT, (SEE NOTE EXISTING EDGE OF CRACK (TYP.) NOTES: 1. CONTRACTOR SHALL CONSTRUCT A 6'~A~ x 3"0 RESERVOIR BY THE USE OF A ROUTER OR VERMEER WHEEL. THE WIDTH OF THE RESERVOIR SHALL BE PROVIDED TO THE CONTRACTOR PRIOR TO CONSTRUCTION 2. ANY BACKER MATERIAL OR SEALANT REMAINING AFTER CONSTRUCTION OF THE RESERVOIR SHALL BE REMOVED.,THE CRACK SHALL THEN BE CLEANED WITH A HOT AIR LANCE (AIR & PROPANE), C'~ I .RoTOTUoT~!~G & FILLING OF CRACKS AND JOINTS WITH POLYMER MODIFIED ASPHALT CONCRETE RUNWAY ~/~ CENTERLINE NOTE: ALL RUNWAY HOLDING POSITION MARKINGS ARE TO BE AVIATION YELLOW. AIRCRAFT HOLDING SIDE ,/-- RUNWAY .j~ CENTERLINE m mm~ I 1.5' WiDE RUNWAY CENTERLINE MARKING C3 [ ~__~N~W~A~Y HOLDING POSITION MARKING DETAIL PROPOSED CONTINUOUS TAXIWAY CENTERLINE MARKING, 6 WIDE, 4-12"STRIPES 3-12"SPACES 499 CoL Eileen Collins Blvd. Syracuse, New York 13212 Phone: (315)-455-2000 Fax: (315)-455-9667 Toll Free: 1-877 CS SOLVE v~.cscos.com I kY CENTERLINE m - MARK NG, l 5'W DE, WH TE j ~ .OTE: ~ m / ~-ROUTEWIDTH, VARIES I "TO1-1/4 =W ~ FILL WITH ASPHALT EMULSION ~,,a ROUTE WIDTH / JOiNTAND C~CK S~LER / ' ~ AGGREGATE MI~URE, ITEM P-t01 ~ ASTM D66g0 ~PE II OR Ill / BACKER MATERIAL ~ ~~ i a m ~ ~ SEENOTE3 ~PEOC~CKSARE~P'CALLYIIS"WIDESURFACEC~CKSNOT ~'ST' / ' EX ST NG PAVEMENT ~ OTHERWISE DESGINATED TO BE REPAIRED OR ROUTED & SEALED AND , / NOTES; ARE NOT DEPIC~D ON THE CONTACT D~WlNGS ALL LOCATIONS ~D CONFIGU~TIONS OF PROPOSED C~CK "-'--' " 2 ALL LOCATIONS AND CONFIGU~TIONS OF PROPOSED C~CK REPAIR ~YPE 0 C~CK REPAIR DETAIL lA2 ~PE 1 C~CK REPAIR DETAIL A3 [ ~PE 2 C~CK REPAIR DETAIL D C z 1 2 120' (wP.) -- PROPOSED 1.5'WIDE, AVIATION WHITE, CONTINUOUS RUNWAY EDGE MARKING, ITEM P-620 (TYP.) TIE-DOWN APRON 3 4 AUTO PARKING ACCESS RD. APRON TAXIWAY CENTERLINE MARKING 7E R (WE) SEE DETAIL B3/C-501 (WP EXISTING THRESHOLD BARTOREMAIN UNDISTURBED (TYP) PROPOSED AVIATION WHITE RUNWAY DESIGNATION MARKING, ITEM P-620, SEE DETAIL B2/C-501, LOCATE OVER EXISTING DESIGNATION MARKING PROPOSED 6" WIDE, AVIATION YELLOW CONTINUOUS TAXIWAY CENTERLINE MARKING, ITEM P-620, LOCATE OVER EXISTING TAXIWAY CENTERLINE MARKING ('rYE) 1.5' WIDE, AVIATION WHITE RUNWAY CENTERLINE MARKING, ITEM P-620. LOCATE OVER EXISTING CENTERLINE MARKINGS (TYR) PROPOSEDAVIATION WHITE RUNWAY DESIGNA['ION MARKING, ITEM P-620, SiEE DETAIL B1/C-501, LOCATE OVER EXISTING DESIGNATION MARKING RUNWAY 12-30 (100' x 2,328') // .ST..G T.RES.OL. a I [BAR TO REMAIN i UNDISTURBED (TYP.) - ',,~ / ' PROPOSED AVIATION WHITE RUNWAY // DESIGNATION MARKING, ITEM P-620, // SEE DETAIL Bl/C-501, LOCATE OVER / EXISTING DESIGNATION MARKING / / // ' //,/ // /' L~ I/ ~ / / / / -- // i IX~- '' 320'(TYR) PROPOSED AVIATION YELLOW RUNWAY FROM RUNWAY INTERSECTIONSEXISTINGSEE HOLDING POSITION MARKING, ITEM P.620,DETAiL HOLDING C3/C-§01.POSiTioNINSTALL MARKING OVER (TYP.) PROPOSEDA~VIATION WHITE RUNWAY DESIGNATIONI MARKING, ITEM P-620, SEE DETAIL S:2/C-501, LOCATE OVER EXISTING DESIGNATION MARKING MARKING PLAN 100 0 100 20OFT. Syracuse, New York 1 ! Phone: (315)-455-2000 Fax: (315)-455-9667 Toll Free: 1-877 CS SOLVE www.cscos.com SHEET REFERENCE NO. X-101 SCALE: 1"=100' 100' ~11111111111 SHEET 7 OF 7 Joab Elizabeth Field Town of Southo Fishers Island Town of Southold Certified Payroll Register Contractor Hi-Lite Markings, Inc. 18249 Hi-Lite Drive P.O. Box 460 Adams Center, NY 13606 Customer Town of Southo[d 53095 Main Road Southold, NY 11971 Soc Sec No. - .................. Hours Worked This Job .................. Gross Pay Page: I Job Number: 59-2363 Week Ending: 4/25/2010 --- Deductions --- Fed. Local Fica Other Check # Class 04/19 04~20 04/21 04~22 04~23 04/24 04~25 Pay This Job Med Name and Address Mar Exemp. Mort Tue Wed Thu Fri Sat Sun Tot Rate All Jobs State Total Net Pay AnthonyO. LaBrake ***-**-9418 R: 8.00 8.00 8.00 8.00 8.00 0.00 0.00 40.00 37.290 2104.77 458.46 0.00 10330 21570 State Rt. 180 Painter +1.021FR. 136.79 206.99 Dexter, NY 13634 Marded 0 O: 2.00 2.00 2.00 2.00 2.00 2.25 0.00 12.25 50.055 2340.22 31.99 1376.17 WHITEMale +1.531FR. 57hrs 129.82 964.05 Fringe 401K MAT Total Rate 1.141 1.141 Amount 59.61 59.61 MarkJ. Dealing ***-**-7756 R: 8.00 8.00 8.00 8.00 8.00 0.00 0.00 40.00 37.290 2104.78 300.92 0.00 10318 7339 Baker Road Painter +0.000FR. 126.69 200.99 Adams, NY 13605 Married I O: 2.00 2.00 2.00 2.00 2.00 2.25 0.00 12.25 50.056 2343.79 29.63 1563.20 WHITE Male +0.000FR. 57hfs 122.36 780.59 JeffreyP. Strife ***-**-1986 R: 8.00 8.00 8.00 8.00 8.00 0.00 0.00 40.00 37.290 2104.77 399.26 0.00 10347 1149 Academy St Painter +1.021FR. 134.68 435.76 Watertown, NY 13601 Married 0 O: 2.00 2.00 2.00 2.00 ZOO 2.25 0.00 12.25 50.055 2355.59 31.50 1235.98 WHITEMale +1.532FR. 57hrs 118.41 1119.61 Fringe 401K MAT Total Rate 1.141 1.141 Amount 59.62 59.62 Gerald L Mitchell ***-**-3345 R: 8.00 8.00 8.00 8.00 8.00 0.00 0.00 40.00 37.290 2104.77 293.64 0.00 10335 19137 State Route 3 Painter +0.000FR. 138.07 44.08 Watertown, NY 13601 Married 4 O: 2.00 2.00 2.00 2.00 2.00 2.25 0.00 12.25 50.055 2327.03 32.29 1684.99 WHITE Male +0.000FR. 57hrs 133.96 642.04 DavidCrandall ***-**-1521 R: 8.00 8.00 8.00 8.00 8.00 0.00 0.00 40.00 37.290 2104.77 466.14 0.00 10317 24 East First Street Painter +1.021FR. 137.41 80.69 Sandy Creek, NY 13145 Single 0 O: 2.00 2.00 2.00 2.00 2.00 2.25 0.00 12.25 50.055 2316.34 32.13 1467.92 WHITE Male +1.532FR. 57hrs 132.05 848.42 Fringe 401K MAT Total Rate 1.141 1.141 Amount 59.62 59.62 RichardWega ***-**-2093 R: 8.00 8.00 8.00 8.00 8.00 0.00 0.00 40.00 37.290 2104.77 265.17 0.00 10350 86 Lackawanna Avenue Painter +0.000FR. 135.89 0.60 Hallstead, PA18822 Married 5 O: 2.00 2.00 2.00 2.00 2.00 2.25 0.00 12.25 50.055 2316.77 31.78 1878.91 WHITE Male +0.000FR. 57hrs 4.42 437.86 Regular 240.00 8,949.60 Overtime 73.50 3,679.03 313.50 12,628.63 RECEIVED MAC 3 2010 Southolcl Tewn Clerk Certified Payroll Register J0~b Contractor Customer Elizabeth Field Town of S0uth0 Hi-Ute Markings, Inc. Town of S0uth01d Fishers ~sland 18249 Hi-Lite Drive 53095 Main Road Town of S0uth01d P.O. Box 460 S0uth01d, NY 11971 Adams Center, NY 13606 Page: 2 Job Number: 59-2383 Week Ending: 4/25/2010 I, Kelly J Spinner, Controller do hereby state; (1) That I pay or supervise the payment of the persons employed by Hi-Lite Markings, Inc. on Elizabeth Field Town of Southo that during the payroll period commencing on 4/19/2010, and ending 4/25/2010, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Hi-Lite Markings, Inc. from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Article 6, Section 193 of the New York State Labor Law, applicable to State projects, and as described below. OR Regulations, Part 3(29 CFR Subtitle A) issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), applicable to Federal or Federally-aided projects, and as described below. N/A (2) That any payrolls otherwise under this contract required to be submitted for the above periods are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. 4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS: In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH - Yes (c) EXCEPTIONS-N/A , / Kelly J Spinner, Controller The willful falsification of any of the ~bove ~:atements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1 001 of Title 18 and Section 231 of Title 31 of the United States Code. 07/07/2009 License Type/Fee Type License # Bid Specifications & Fees #3 (Elizabeth Airport 2009) Bid Specifications & Fees (Elizabeth Airport 2009) Bid Specifications & Fees (Elizabeth Airport 2009) General Licensing Report For License Type: Bid Specifications & Fees Date Range: 06/01/2009 to 0710712009 Page; Issue Date/ Expiration Date Licensee Qty/Total Notes 06/22/2009 Corazzini, Asphalt Inc 1 Box 1281 Cutchogue, NY 11935 $50.00 06/26/2009 (631) 734-5600 KJB, Industries Inc 1.00 14 Center St Riverhead, NY 11901 $50,00 07/01/2009 (631) 727-5600 Hi-lite, Markings Inc 1.00 P O Box 460 18249 Hi-lite Drive $50.00 Adams Center, NY 13606 Bid Specifications & Fees (Eiizabeth Airport 2009) 07/02/2009 Bothar, Construction 1.00 170 East Service Road Binghamton, NY 13901 $50~00 Peter Jensen fax 607 7234982 Quantity Sub Total: 4 Amount Sub Total: $200.00 Quantity Grand Total: 4 Amount Grand Total: $200.00 Elizabeth Field Fishers Island AlP Project No. 3-36-0029-16-09 NYSDOT Project No. 1913.16 Bid Date: June 26th, 2009 Runway Crack Repair and Sealing PLANS AND SPECIFICATIONS TAKEN BY BOOK PROSPECTIVE BIDDER NO. PHONE & FAX ADDRESS 1 Name: Phone No.: Fax No.: Phone NoT: '73 t - 5 600 ' Fax No.: 7 3t~ ~ ,5-(o ~;~,z~ Phone No.: Fax No.: ~ $/- 7,.?7 - ,~.~-'7 7 4 Name: Hug Phone No.: PhoneN&: &07- 7,2X. ,5'0!..2` Fax No.: 6 Name: Phone No.: Fax No.: 7 Name: Phone No.: ~ax No.: 8 Name: Phone No.: Fax No.: ~ Name: Phone No.: Fax No.: 10 Name: Phone No.: Fax No.: C&S Project No. 211.012 Page 1 June 30, 2009 Town of Southold 53095 Route 25 Southold, NY 11971 Re: Runway Crack Repair Sealing at the Elizabeth Field Airport Bid Date: July 7, 2009 Enclosed, please find a check for $50.00 for a copy of the plans and specs for the above- mentioned project. Please forward to the address listed below, attention Dennis Haefner, via next day UPS Acc# 121216 or FedEx Acc # 217775884. If you have any other questions, please feel free to contact me at any time at 315-583-6111 x240. Sincerely Yours, Brian Whattam Estimating Dept brianw~hi-lite.com dennish~hi-lite.com 18249 Hi-Lite Drive · P.O. Box 460 · Adams Center, NY 13606 P. 315.583.6111 · F. 315.583.5807 · info@hi-lite.com www. hi-lite.com LEAVING OUR MARK ON AMERICA'S RUNWAYS"